AB599-AA1,19
24Section
19. 102.43 (9) (e) of the statutes is amended to read:
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1102.43
(9) (e) The employee's employment with the employer has been
2suspended or terminated due to misconduct, as defined in s. 108.04 (5), or substantial
3fault, as defined in s. 108.04 (5g) (a), by the employee connected with the employee's
4work
, subject to s. 108.04 (5m).
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5Section
20. 106.50 (1m) (h) of the statutes is amended to read:
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106.50
(1m) (h) “Discriminate" means to segregate, separate, exclude, or treat
7a person or class of persons unequally in a manner described in sub. (2), (2m), or (2r)
8because of sex, race, color, sexual orientation, disability, religion, national origin,
9marital status,
or family status
,
; status as a victim of domestic abuse, sexual assault,
10or stalking
,; whether the person holds, or has applied for, a registry identification
11card, as defined in s. 146.44 (1) (g), has been the subject of a written certification, as
12defined in s. 146.44 (1) (h), or is or has been a member of a treatment team, as defined
13in s. 961.01 (20t); lawful source of income
,; age
,; or ancestry.
AB599-AA1,21
14Section
21. 108.04 (5m) of the statutes is created to read:
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108.04
(5m) Use of medical cannabis. (a) In this subsection:
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1. “Medical cannabis” has the meaning given in s. 94.57 (1) (f).
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2. “Registry identification card” has the meaning given in s. 146.44 (1) (g).
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3. “Written certification” has the meaning given in s. 146.44 (1) (h).
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(b) Notwithstanding sub. (5), “misconduct," for purposes of sub. (5), does not
20include any of the following:
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1. A positive test for cannabis components or metabolites, in the absence of
22other actions or conduct that constitutes misconduct under sub. (5). This subdivision
23applies only with respect to an employee with a valid written certification and a valid
24registry identification card.
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12. A violation of the employer's policy concerning the use of cannabis, if all of
2the following apply:
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a. The employee was using medical cannabis in accordance with a valid written
4certification.
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b. The employee held a valid registry identification card.
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c. The employee did not use or possess medical cannabis on the employer's
7premises or during working hours.
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d. The use did not impair the individual's ability to adequately perform the
9job-related responsibilities of that individual's employment.
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(c) Notwithstanding sub. (5g), “substantial fault," for purposes of sub. (5g), does
11not include any of the following:
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1. A positive test for cannabis components or metabolites, in the absence of
13other acts or omissions that constitute substantial fault under sub. (5). This
14subdivision applies only with respect to an employee with a valid written
15certification and a valid registry identification card.
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2. A violation of the employer's policy concerning the use of cannabis, if all of
17the following apply:
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a. The employee was using medical cannabis in accordance with a valid written
19certification.
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b. The employee held a valid registry identification card.
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c. The employee did not use or possess medical cannabis on the employer's
22premises or during working hours.
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d. The use did not impair the individual's ability to adequately perform the
24job-related responsibilities of that individual's employment.
AB599-AA1,22
25Section
22. 111.32 (15) of the statutes is created to read:
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1111.32
(15) “Use of a lawful product off the employer's premises during
2nonworking hours” includes the use of medical cannabis, as defined in s. 94.57 (1) (f),
3off the employer's premises during nonworking hours but only if such use is in
4accordance with a valid written certification, as defined in s. 146.44 (1) (h), and the
5use is by an individual who holds a valid registry identification card, as defined in
6s. 146.44 (1) (g).
AB599-AA1,23
7Section
23. 111.34 (1) (c) of the statutes is created to read:
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111.34
(1) (c) 1. Except as provided in subd. 2., refusing to hire or employ,
9barring, suspending, or terminating an individual, or discriminating against an
10individual in promotion, in compensation, or in terms, conditions, or privileges of
11employment, based on the individual's use of medical cannabis, as defined in s. 94.57
12(1) (f), if such use is in accordance with a valid written certification, as defined in s.
13146.44 (1) (h), and the individual holds a valid registry identification card, as defined
14in s. 146.44 (1) (g).
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2. Subdivision 1. does not apply if any of the following applies:
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a. The employee uses or possesses medical cannabis on the employer's premises
17or during working hours.