SB59,681,55
(f) “Treatment team" has the meaning given in s. 961.01 (20t).
SB59,681,66
(g) “Usable cannabis” has the meaning given in s. 961.01 (21f).
SB59,681,77
(h) “Written certification" has the meaning given in s. 146.44 (1) (h).
SB59,681,9
8(2) Departmental powers and duties. (a) The department shall provide
9licensing, regulation, record keeping, and security for dispensaries.
SB59,681,1210
(b) The department shall determine policies allowing entities to grow cannabis
11and distribute cannabis and tetrahydrocannabinols to dispensaries, shall develop
12security guidelines for the entities, and shall regulate such entities.
SB59,681,15
13(3) Licensing. The department shall issue licenses to operate as a dispensary
14and shall decide which and how many applicants receive a license on the basis of all
15of the following:
SB59,681,1616
(a) Convenience to treatment teams and the preferences of treatment teams.
SB59,681,1817
(b) The ability of an applicant to provide to treatment teams a sufficient amount
18of tetrahydrocannabinols.
SB59,681,2019
(c) The experience the applicant has running a nonprofit organization or a
20business.
SB59,681,2221
(d) The preferences of the governing bodies with jurisdiction over the area in
22which the applicants are located.
SB59,681,2423
(e) The ability of the applicant to keep records confidential and maintain a safe
24and secure facility.
SB59,681,2525
(f) The ability of the applicant to abide by the prohibitions under sub. (4).
SB59,682,4
1(4) Prohibitions. The department may issue a license under this section to an
2applicant only if the applicant has been a resident of this state for at least the 2 years
3immediately preceding the application. The department may not issue a license to,
4and must revoke a license of, any entity to which any of the following applies:
SB59,682,65
(a) The entity is located within 500 feet of a public or private elementary or
6secondary school, including a charter school.
SB59,682,97
(b) The dispensary distributes to a treatment team a number of cannabis plants
8or an amount of usable cannabis that, in the period of distribution, results in the
9treatment team possessing more than the maximum authorized amount.
SB59,682,1310
(c) The dispensary possesses a number of cannabis plants or an amount of
11usable cannabis that exceeds the combined maximum authorized amount for all of
12the treatment teams that use the dispensary by a number or an amount determined
13by the department by rule to be unacceptable.
SB59,682,16
14(5) Licensing procedure; fees; license term. (a) An application for a license
15under this section shall be in writing on a form provided by the department and
16include the licensing application fee under par. (b) 1.
SB59,682,1817
(b) 1. A licensing application fee shall be an amount determined by the
18department but not less than $250.
SB59,682,2019
2. The annual fee for a dispensary shall be an amount determined by the
20department but not less than $5,000.
SB59,682,2321
(c) A dispensary license is valid unless revoked. Each license shall be issued
22only for the applicant named in the application and may not be transferred or
23assigned.
SB59,682,2524
(d) The department shall approve or deny an application for a dispensary
25license within 60 days after receiving it.
SB59,683,6
1(6) Distribution of medical tetrahydrocannabinols. (a) A dispensary may
2deliver or distribute tetrahydrocannabinols and drug paraphernalia to a member of
3a treatment team only if done in a face-to-face transaction, if the dispensary receives
4a copy of the qualifying patient's written certification or registry identification card,
5and if the tetrahydrocannabinols are contained in or derived from cannabis grown
6in this state under par. (f).
SB59,683,87
(b) A dispensary may possess or manufacture tetrahydrocannabinols and drug
8paraphernalia with the intent to deliver or distribute under par. (a).
SB59,683,129
(c) An entity operating under policies determined under sub. (2) and rules
10promulgated under sub. (9) may possess tetrahydrocannabinols, possess or
11manufacture tetrahydrocannabinols with the intent to deliver or distribute to a
12dispensary, or deliver or distribute tetrahydrocannabinols to a dispensary.
SB59,683,1413
(d) A dispensary may have 2 locations, one for cultivation or production and one
14for distribution.
SB59,683,2015
(e) A dispensary shall have all tetrahydrocannabinols and cannabis tested for
16mold, fungus, pesticides, and other contaminants and may not distribute
17tetrahydrocannabinols or cannabis that test positive for mold, fungus, pesticides, or
18other contaminants if the contaminants, or level of contaminants, are identified by
19the testing laboratories under sub. (7) to be potentially unsafe to a qualifying
20patient's health.
SB59,683,2321
(f) A dispensary or an entity operating under policies determined under sub.
22(2) and rules promulgated under sub. (9) may cultivate cannabis, including
23cultivating cannabis outdoors.
SB59,684,2
24(7) Testing laboratories. The department shall register entities as
25tetrahydrocannabinols-testing laboratories. The laboratories may possess or
1manufacture tetrahydrocannabinols and drug paraphernalia and shall perform the
2following services:
SB59,684,43
(a) Test cannabis and tetrahydrocannabinols produced for dispensaries for
4potency and for mold, fungus, pesticides, and other contaminants.
SB59,684,65
(b) Research findings related to medication with tetrahydrocannabinols,
6including findings that identify potentially unsafe levels of contaminants.
SB59,684,117
(c) Provide training to persons who hold registry identification cards,
8treatment teams, persons employed by dispensaries, and entities that grow cannabis
9and distribute to dispensaries cannabis and tetrahydrocannabinols, as provided by
10policies determined under sub. (2) and rules promulgated under sub. (9), on the
11following:
SB59,684,1312
1. The safe and efficient cultivation, harvesting, packaging, labeling, and
13distribution of cannabis and tetrahydrocannabinols.
SB59,684,1414
2. Security and inventory accountability procedures.
SB59,684,1515
3. The most recent research on medication with tetrahydrocannabinols.
SB59,684,19
16(8) Confidentiality. The department may disclose to a law enforcement
17agency only information necessary to verify that a dispensary has a license issued
18under this section, an entity is complying with policies determined under sub. (2) and
19rules promulgated under sub. (9), or an entity is registered under sub. (7).
SB59,685,3
20(9) Rules. The department may promulgate rules to administer and enforce
21this section. The department may use the procedure under s. 227.24 to promulgate
22rules under this section. Notwithstanding s. 227.24 (1) (c) and (2), emergency rules
23promulgated under this subsection remain in effect until January 1, 2023, or the date
24on which permanent rules take effect, whichever is sooner. Notwithstanding s.
25227.24 (1) (a) and (3), the department is not required to provide evidence that
1promulgating a rule under this subsection as an emergency rule is necessary for the
2preservation of the public peace, health, safety, or welfare and is not required to
3provide a finding of emergency for a rule promulgated under this subsection.
SB59,1103
4Section 1103
. 100.30 (2) (am) 1m. a., b., c., d. and e. and (c) 1g. and 1r. of the
5statutes are amended to read:
SB59,685,166
100.30
(2) (am) 1m. a. In the case of the retail sale of motor vehicle fuel by a
7refiner at a retail station owned or operated either directly or indirectly by the
8refiner, the refiner's lowest selling price to other retailers or to wholesalers of motor
9vehicle fuel on the date of the refiner's retail sale, less all trade discounts except
10customary discounts for cash, plus any excise, sales or use taxes imposed on the
11motor vehicle fuel or on its sale and any cost incurred for transportation and any
12other charges not otherwise included in the invoice cost of the motor vehicle fuel
, plus
13a markup of 9.18 percent of that amount to cover a proportionate part of the cost of
14doing business; or the average posted terminal price at the terminal located closest
15to the retail station
plus a markup of 9.18 percent of the average posted terminal
16price to cover a proportionate part of the cost of doing business; whichever is greater.
SB59,686,417
b. In the case of the retail sale of motor vehicle fuel by a wholesaler of motor
18vehicle fuel, who is not a refiner, at a retail station owned or operated either directly
19or indirectly by the wholesaler of motor vehicle fuel, the invoice cost of the motor
20vehicle fuel to the wholesaler of motor vehicle fuel within 10 days prior to the date
21of sale, or the replacement cost of the motor vehicle fuel, whichever is lower, less all
22trade discounts except customary discounts for cash, plus any excise, sales or use
23taxes imposed on the motor vehicle fuel or on its sale, and any cost incurred for
24transportation and any other charges not otherwise included in the invoice cost or
25replacement cost of the motor vehicle fuel
, plus a markup of 9.18 percent of that
1amount to cover a proportionate part of the cost of doing business; or the average
2posted terminal price at the terminal located closest to the retail station
plus a
3markup of 9.18 percent of the average posted terminal price to cover a proportionate
4part of the cost of doing business; whichever is greater.
SB59,686,165
c. In the case of the retail sale of motor vehicle fuel by a person other than a
6refiner or a wholesaler of motor vehicle fuel at a retail station, the invoice cost of the
7motor vehicle fuel to the retailer within 10 days prior to the date of sale, or the
8replacement cost of the motor vehicle fuel, whichever is lower, less all trade discounts
9except customary discounts for cash, plus any excise, sales or use taxes imposed on
10the motor vehicle fuel or on its sale and any cost incurred for transportation and any
11other charges not otherwise included in the invoice cost or the replacement cost of
12the motor vehicle fuel
, plus a markup of 6 percent of that amount to cover a
13proportionate part of the cost of doing business; or the average posted terminal price
14at the terminal located closest to the retailer
plus a markup of 9.18 percent of the
15average posted terminal price to cover a proportionate part of the cost of doing
16business; whichever is greater.
SB59,686,2517
d. In the case of a retail sale of motor vehicle fuel by a refiner at a place other
18than a retail station, the refiner's lowest selling price to other retailers or to
19wholesalers of motor vehicle fuel on the date of the refiner's retail sale, less all trade
20discounts except customary discounts for cash, plus any excise, sales or use taxes
21imposed on the motor vehicle fuel or on its sale and any cost incurred for
22transportation and any other charges not otherwise included in the invoice cost of
23the motor vehicle fuel
to which shall be added a markup to cover a proportionate part
24of the cost of doing business, which markup, in the absence of proof of a lesser cost,
25shall be 3 percent of the cost to the retailer as set forth in this subd. 1m. d.
SB59,687,10
1e. In the case of a retail sale of motor vehicle fuel by a person other than a refiner
2at a place other than a retail station, the invoice cost of the motor vehicle fuel to the
3retailer within 10 days prior to the date of the sale, or the replacement cost of the
4motor vehicle fuel, whichever is lower, less all trade discounts except customary
5discounts for cash, plus any excise, sales or use taxes imposed on the motor vehicle
6fuel or on its sale and any cost incurred for transportation and any other charges not
7otherwise included in the invoice cost or the replacement cost of the motor vehicle
8fuel
to which shall be added a markup to cover a proportionate part of the cost of doing
9business, which markup, in the absence of proof of a lesser cost, shall be 3 percent
10of the cost to the retailer as set forth in this subd. 1m. e.
SB59,687,1911
(c) 1g. With respect to the wholesale sale of motor vehicle fuel by a refiner, “cost
12to wholesaler" means the refiner's lowest selling price to other retailers or to
13wholesalers of motor vehicle fuel on the date of the refiner's wholesale sale, less all
14trade discounts except customary discounts for cash, plus any excise, sales or use
15taxes imposed on the motor vehicle fuel or on its sale and any cost incurred for
16transportation and any other charges not otherwise included in the invoice cost of
17the motor vehicle fuel
, to which shall be added a markup to cover a proportionate part
18of the cost of doing business, which markup, in the absence of proof of a lesser cost,
19shall be 3 percent of the cost to the wholesaler as set forth in this subdivision.
SB59,688,520
1r. With respect to the wholesale sale of motor vehicle fuel by a person other
21than a refiner, “cost to wholesaler" means the invoice cost of the motor vehicle fuel
22to the wholesaler of motor vehicle fuel within 10 days prior to the date of the sale or
23the replacement cost of the motor vehicle fuel, whichever is lower, less all trade
24discounts except customary discounts for cash, plus any excise, sales or use taxes
25imposed on the motor vehicle fuel or on its sale and any cost incurred for
1transportation and any other charges not otherwise included in the invoice cost or
2the replacement cost of the motor vehicle fuel
to which shall be added a markup to
3cover a proportionate part of the cost of doing business, which markup, in the absence
4of proof of a lesser cost, shall be 3 percent of the cost to the wholesaler as set forth
5in this subdivision.
SB59,1104
6Section
1104. 102.01 (2) (ad) of the statutes is repealed.
SB59,1105
7Section
1105. 102.01 (2) (ar) of the statutes is repealed.
SB59,1106
8Section
1106. 102.01 (2) (dm) of the statutes is amended to read:
SB59,688,119
102.01
(2) (dm) “Order" means any decision, rule, regulation, direction,
10requirement, or standard of the department
or the division, or any other
11determination arrived at or decision made by the department
or the division.
SB59,1107
12Section
1107. 102.04 (2r) (b) of the statutes is amended to read:
SB59,688,1613
102.04
(2r) (b) The franchisor has been found by the department
or the division 14to have exercised a type or degree of control over the franchisee or the franchisee's
15employees that is not customarily exercised by a franchisor for the purpose of
16protecting the franchisor's trademarks and brand.
SB59,1108
17Section
1108. 102.07 (8) (c) of the statutes is amended to read:
SB59,688,2118
102.07
(8) (c) The
division
department may not admit in evidence any state or
19federal law, regulation, or document granting operating authority
, or
a license when
20determining whether an independent contractor meets the conditions specified in
21par. (b) 1. or 3.
SB59,1109
22Section
1109. 102.07 (17m) of the statutes is amended to read:
SB59,689,223
102.07
(17m) A participant in a
trial employment match program job 24subsidized employment placement under s. 49.147 (3) is an employee of any
1employer under this chapter for whom the participant is performing service at the
2time of the injury.
SB59,1110
3Section
1110. 102.07 (20) of the statutes is amended to read:
SB59,689,124
102.07
(20) An individual who is performing services for a person participating
5in the self-directed services option, as defined in s. 46.2897 (1), for a person receiving
6long-term care benefits under s.
46.27, 46.275
, or 46.277 or under any children's
7long-term support waiver program on a self-directed basis, or for a person receiving
8the Family Care benefit, as defined in s. 46.2805 (4), or benefits under the Family
9Care Partnership program, as described in s. 49.496 (1) (bk) 3., on a self-directed
10basis and who does not otherwise have worker's compensation coverage for those
11services is considered to be an employee of the entity that is providing financial
12management services for that person.
SB59,1111
13Section
1111. 102.11 (1) (am) 1. of the statutes is amended to read:
SB59,689,2014
102.11
(1) (am) 1. The employee is a member of a class of employees that does
15the same type of work at the same location and, in the case of an employee in the
16service of the state, is employed in the same office, department, independent agency,
17authority, institution, association, society, or other body in state government or, if the
18department
or the division determines appropriate, in the same subunit of an office,
19department, independent agency, authority, institution, association, society, or other
20body in state government.
SB59,1112
21Section
1112. 102.12 of the statutes is amended to read:
SB59,690,15
22102.12 Notice of injury, exception, laches. No claim for compensation may
23be maintained unless, within 30 days after the occurrence of the injury or within 30
24days after the employee knew or ought to have known the nature of his or her
25disability and its relation to the employment, actual notice was received by the
1employer or by an officer, manager or designated representative of an employer. If
2no representative has been designated by posters placed in one or more conspicuous
3places where notices to employees are customarily posted, then notice received by
4any superior is sufficient. Absence of notice does not bar recovery if it is found that
5the employer was not misled by that absence. Regardless of whether notice was
6received, if no payment of compensation, other than medical treatment or burial
7expense, is made, and if no application is filed with the department within 2 years
8after the date of the injury or death or the date the employee or his or her dependent
9knew or ought to have known the nature of the disability and its relation to the
10employment, the right to compensation for the injury or death is barred, except that
11the right to compensation is not barred if the employer knew or should have known,
12within the 2-year period, that the employee had sustained the injury on which the
13claim is based. Issuance of notice of a hearing on the motion of the department
or
14the division has the same effect for the purposes of this section as the filing of an
15application. This section does not affect any claim barred under s. 102.17 (4).
SB59,1113
16Section
1113. 102.13 (1) (c) of the statutes is amended to read:
SB59,690,2417
102.13
(1) (c) So long as the employee, after a written request of the employer
18or insurer that complies with par. (b), refuses to submit to or in any way obstructs
19the examination, the employee's right to begin or maintain any proceeding for the
20collection of compensation is suspended, except as provided in sub. (4). If the
21employee refuses to submit to the examination after direction by the department
, the
22division, or an examiner, or in any way obstructs the examination, the employee's
23right to the weekly indemnity that accrues and becomes payable during the period
24of that refusal or obstruction, is barred, except as provided in sub. (4).
SB59,1114
25Section
1114. 102.13 (1) (d) 2. of the statutes is amended to read:
SB59,691,5
1102.13
(1) (d) 2. Any physician, chiropractor, psychologist, dentist, physician
2assistant, advanced practice nurse prescriber, or podiatrist who attended a worker's
3compensation claimant for any condition or complaint reasonably related to the
4condition for which the claimant claims compensation may be required to testify
5before the
division department when the
division department so directs.
SB59,1115
6Section
1115. 102.13 (1) (d) 3. of the statutes is amended to read:
SB59,691,137
102.13
(1) (d) 3. Notwithstanding any statutory provisions except par. (e), any
8physician, chiropractor, psychologist, dentist, physician assistant, advanced
9practice nurse prescriber, or podiatrist attending a worker's compensation claimant
10for any condition or complaint reasonably related to the condition for which the
11claimant claims compensation may furnish to the employee, employer, worker's
12compensation insurer,
or department
, or division information and reports relative to
13a compensation claim.
SB59,1116
14Section
1116. 102.13 (1) (f) of the statutes is amended to read:
SB59,691,1715
102.13
(1) (f) If an employee claims compensation under s. 102.81 (1), the
16department
or the division may require the employee to submit to physical or
17vocational examinations under this subsection.
SB59,1117
18Section
1117. 102.13 (2) (a) of the statutes is amended to read:
SB59,692,419
102.13
(2) (a) An employee who reports an injury alleged to be work-related
20or files an application for hearing waives any physician-patient,
21psychologist-patient, or chiropractor-patient privilege with respect to any condition
22or complaint reasonably related to the condition for which the employee claims
23compensation. Notwithstanding ss. 51.30 and 146.82 and any other law, any
24physician, chiropractor, psychologist, dentist, podiatrist, physician assistant,
25advanced practice nurse prescriber, hospital, or health care provider shall, within a
1reasonable time after written request by the employee, employer, worker's
2compensation insurer,
or department,
or division, or its representative, provide that
3person with any information or written material reasonably related to any injury for
4which the employee claims compensation.
SB59,1118
5Section
1118. 102.13 (3) of the statutes is amended to read:
SB59,692,186
102.13
(3) If 2 or more physicians, chiropractors, psychologists, dentists, or
7podiatrists disagree as to the extent of an injured employee's temporary disability,
8the end of an employee's healing period, an employee's ability to return to work at
9suitable available employment or the necessity for further treatment or for a
10particular type of treatment, the department
or the division may appoint another
11physician, chiropractor, psychologist, dentist, or podiatrist to examine the employee
12and render an opinion as soon as possible. The department
or the division shall
13promptly notify the parties of this appointment. If the employee has not returned
14to work, payment for temporary disability shall continue until the department
or the
15division receives the opinion. The employer or its insurance carrier, or both, shall
16pay for the examination and opinion. The employer or insurance carrier, or both,
17shall receive appropriate credit for any overpayment to the employee determined by
18the department
or the division after receipt of the opinion.
SB59,1119
19Section
1119. 102.13 (4) of the statutes is amended to read:
SB59,693,920
102.13
(4) The right of an employee to begin or maintain proceedings for the
21collection of compensation and to receive weekly indemnities that accrue and become
22payable shall not be suspended or barred under sub. (1) when an employee refuses
23to submit to a physical examination, upon the request of the employer or worker's
24compensation insurer or at the direction of the department
, the division, or an
25examiner, that would require the employee to travel a distance of 100 miles or more
1from his or her place of residence, unless the employee has claimed compensation for
2treatment from a practitioner whose office is located 100 miles or more from the
3employee's place of residence or the department
, division, or examiner determines
4that any other circumstances warrant the examination. If the employee has claimed
5compensation for treatment from a practitioner whose office is located 100 miles or
6more from the employee's place of residence, the employer or insurer may request,
7or the department
, the division, or an examiner may direct, the employee to submit
8to a physical examination in the area where the employee's treatment practitioner
9is located.
SB59,1120
10Section
1120. 102.13 (5) of the statutes is amended to read:
SB59,693,1911
102.13
(5) The department
or the division may refuse to receive testimony as
12to conditions determined from an autopsy if it appears that the party offering the
13testimony had procured the autopsy and had failed to make reasonable effort to
14notify at least one party in adverse interest or the department
or the division at least
1512 hours before the autopsy of the time and place at which the autopsy would be
16performed, or that the autopsy was performed by or at the direction of the coroner
17or medical examiner or at the direction of the district attorney for purposes not
18authorized under ch. 979. The department
or the division may withhold findings
19until an autopsy is held in accordance with its directions.
SB59,1121
20Section
1121. 102.14 (title) of the statutes is amended to read:
SB59,693,22
21102.14 (title)
Jurisdiction of department and division; advisory
22committee council.
SB59,1122
23Section
1122. 102.14 (1) of the statutes is amended to read:
SB59,693,2524
102.14
(1) Except as otherwise provided, this chapter shall be administered by
25the department
and the division.
SB59,1123
1Section
1123. 102.14 (2) of the statutes is amended to read:
SB59,694,92
102.14
(2) The council on worker's compensation shall advise the department
3and the division in carrying out the purposes of this chapter, shall submit its
4recommendations with respect to amendments to this chapter to each regular
5session of the legislature, and shall report its views upon any pending bill relating
6to this chapter to the proper legislative committee. At the request of the chairpersons
7of the senate and assembly committees on labor, the department shall schedule a
8meeting of the council with the members of the senate and assembly committees on
9labor to review and discuss matters of legislative concern arising under this chapter.
SB59,1124
10Section
1124. 102.15 (1) of the statutes is amended to read:
SB59,694,1211
102.15
(1) Subject to this chapter, the
division department may
adopt its own 12promulgate rules of procedure
and may change the same from time to time.
SB59,1125
13Section
1125. 102.15 (2) of the statutes is amended to read:
SB59,694,1514
102.15
(2) The
division department may provide by rule the conditions under
15which transcripts of testimony and proceedings shall be furnished.
SB59,1126
16Section
1126. 102.16 (1) of the statutes is repealed and recreated to read:
SB59,695,617
102.16
(1) Any controversy concerning compensation or a violation of sub. (3),
18including a controversy in which the state may be a party, shall be submitted to the
19department in the manner and with the effect provided in this chapter. Every
20compromise of any claim for compensation may be reviewed and set aside, modified,
21or confirmed by the department within one year after the date on which the
22compromise is filed with the department, the date on which an award has been
23entered based on the compromise, or the date on which an application for the
24department to take any of those actions is filed with the department. Unless the
25word “compromise" appears in a stipulation of settlement, the settlement shall not
1be considered a compromise, and further claim is not barred except as provided in
2s. 102.17 (4) regardless of whether an award is made. The employer, insurer or
3dependent under s. 102.51 (5) shall have equal rights with the employee to have a
4compromise or any other stipulation of settlement reviewed under this subsection.
5Upon petition filed with the department under this subsection, the department may
6set aside the award or otherwise determine the rights of the parties.
SB59,1127
7Section
1127. 102.16 (1m) (a) of the statutes is amended to read: