LRBb0590/1
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2019 - 2020 LEGISLATURE
SENATE AMENDMENT 12,
TO ASSEMBLY BILL 56
June 26, 2019 - Offered by Senator Larson.
AB56-SA12,1,21 At the locations indicated, amend the bill, as shown by assembly substitute
2amendment 1, as follows:
AB56-SA12,1,3 31. At the appropriate places, insert all of the following:
AB56-SA12,1,5 4 Section 1. 20.005 (3) (schedule) of the statutes: at the appropriate place,
5insert the following amounts for the purposes indicated: - See PDF for table PDF - See PDF for table PDF
AB56-SA12,2 6Section 2. 20.115 (7) (ge) of the statutes is created to read:
AB56-SA12,2,27 20.115 (7) (ge) Marijuana producers and processors; official logotype. All
8moneys received under s. 94.56 for regulation of activities relating to marijuana

1under s. 94.56, for conducting public awareness campaigns under s. 94.56, and for
2the creation of a logotype under s. 100.145.
AB56-SA12,3 3Section 3. 20.435 (1) (gq) of the statutes is created to read:
AB56-SA12,2,94 20.435 (1) (gq) Medical marijuana registry program; physician education and
5public awareness campaign; official logotype.
All moneys received under s. 146.44
6for costs relating to the administration of the medical marijuana registry program
7under s. 146.44, for educating physicians about the availability of medical marijuana
8and conducting public awareness campaigns under s. 146.44, and for the creation of
9a logotype under s. 146.46.
AB56-SA12,4 10Section 4. 20.435 (1) (jm) of the statutes is created to read:
AB56-SA12,2,1311 20.435 (1) (jm) Licensing and support services for compassion centers. All
12moneys received under s. 50.84 to regulate and license compassion centers under
13subch. VI of ch. 50.
AB56-SA12,5 14Section 5. 20.435 (6) (jm) of the statutes is amended to read:
AB56-SA12,3,615 20.435 (6) (jm) Licensing and support services. The amounts in the schedule
16for the purposes specified in ss. 48.685 (2) (am) and (b), (3) (a) and (b), and (5) (a),
1748.686 (2) (am), (3) (am) and (bm), and (5) (a), 49.45 (47), 50.02 (2), 50.025, 50.065
18(2) (am) and (b) 1., (3) (a) and (b), and (5), 50.13, 50.135, 50.36 (2), 50.49 (2) (b), 50.495,
1950.52 (2) (a), 50.57, 50.981, and 146.40 (4r) (b) and (er), and subch. VI VII of ch. 50
20and to conduct health facilities plan and rule development activities, for accrediting
21nursing homes, convalescent homes, and homes for the aged, to conduct capital
22construction and remodeling plan reviews under ss. 50.02 (2) (b) and 50.36 (2), and
23for the costs of inspecting, licensing or certifying, and approving facilities, issuing
24permits, and providing technical assistance, that are not specified under any other
25paragraph in this subsection. All moneys received under ss. 48.685 (8), 48.686 (2)

1(ag), 49.45 (42) (c), 49.45 (47) (c), 50.02 (2), 50.025, 50.065 (8), 50.13, 50.36 (2), 50.49
2(2) (b), 50.495, 50.52 (2) (a), 50.57, 50.93 (1) (c), and 50.981, all moneys received from
3fees for the costs of inspecting, licensing or certifying, and approving facilities,
4issuing permits, and providing technical assistance, that are not specified under any
5other paragraph in this subsection, and all moneys received under s. 50.135 (2) shall
6be credited to this appropriation account.
AB56-SA12,6 7Section 6. 20.566 (1) (bn) of the statutes is created to read:
AB56-SA12,3,128 20.566 (1) (bn) Administration and enforcement of marijuana tax and
9regulation.
The amounts in the schedule for the purposes of administering the
10marijuana tax imposed under subch. IV of ch. 139 and for the costs incurred in
11enforcing the taxing and regulation of marijuana producers, marijuana processors,
12and marijuana retailers under subch. IV of ch. 139.
AB56-SA12,7 13Section 7. 23.33 (1) (jo) 1. of the statutes is amended to read:
AB56-SA12,3,1514 23.33 (1) (jo) 1. A controlled substance included in schedule I under ch. 961
15other than a tetrahydrocannabinol.
AB56-SA12,8 16Section 8. 23.33 (1) (jo) 5. of the statutes is repealed.
AB56-SA12,9 17Section 9. 23.33 (1) (k) of the statutes is created to read:
AB56-SA12,3,1918 23.33 (1) (k) “Tetrahydrocannabinols concentration" means the number of
19nanograms of tetrahydrocannabinols per milliliter of blood.
AB56-SA12,10 20Section 10. 23.33 (4c) (a) 2g. of the statutes is created to read:
AB56-SA12,3,2421 23.33 (4c) (a) 2g. `Operating with a tetrahydrocannabinols concentration at or
22above specified levels.' No person may engage in the operation of an all-terrain
23vehicle or utility terrain vehicle while the person has a tetrahydrocannabinols
24concentration of 5.0 or more.
AB56-SA12,11 25Section 11. 23.33 (4c) (a) 3g. of the statutes is created to read:
AB56-SA12,4,5
123.33 (4c) (a) 3g. `Operating with a tetrahydrocannabinols concentration at
2specified levels; below age 21.' If a person has not attained the age of 21, the person
3may not engage in the operation of an all-terrain vehicle or utility terrain vehicle
4while he or she has a tetrahydrocannabinols concentration of more than 0.0 but less
5than 5.0.
AB56-SA12,12 6Section 12. 23.33 (4c) (a) 4. of the statutes is amended to read:
AB56-SA12,4,157 23.33 (4c) (a) 4. `Related charges.' A person may be charged with and a
8prosecutor may proceed upon a complaint based upon a violation of any combination
9of subd. 1., 2., 2g., or 2m. for acts arising out of the same incident or occurrence. If
10the person is charged with violating any combination of subd. 1., 2., 2g., or 2m., the
11offenses shall be joined. If the person is found guilty of any combination of subd. 1.,
122., 2g., or 2m. for acts arising out of the same incident or occurrence, there shall be
13a single conviction for purposes of sentencing and for purposes of counting
14convictions under sub. (13) (b) 2. and 3. Subdivisions 1., 2., 2g., and 2m. each require
15proof of a fact for conviction which the others do not require.
AB56-SA12,13 16Section 13. 23.33 (4c) (a) 5. of the statutes is renumbered 23.33 (4c) (a) 5. a.
17and amended to read:
AB56-SA12,4,2418 23.33 (4c) (a) 5. a. In an action under subd. 2m. that is based on the defendant
19allegedly having a detectable amount of methamphetamine, or
20gamma-hydroxybutyric acid, or delta-9-tetrahydrocannabinol in his or her blood,
21the defendant has a defense if he or she proves by a preponderance of the evidence
22that at the time of the incident or occurrence he or she had a valid prescription for
23methamphetamine or one of its metabolic precursors, or gamma-hydroxybutyric
24acid, or delta-9-tetrahydrocannabinol.
AB56-SA12,14 25Section 14. 23.33 (4c) (a) 5. b. of the statutes is created to read:
AB56-SA12,5,5
123.33 (4c) (a) 5. b. In an action under subd. 2g. or 3g. that is based on the
2defendant allegedly having a prohibited tetrahydrocannabinols concentration, the
3defendant has a defense if he or she proves by a preponderance of the evidence that
4at the time of the incident or occurrence he or she had a valid prescription for
5tetrahydrocannabinol or he or she was a qualifying patient, as defined in s. 50.80 (6).
AB56-SA12,15 6Section 15. 23.33 (4c) (b) 2n. of the statutes is created to read:
AB56-SA12,5,107 23.33 (4c) (b) 2n. `Causing injury while operating with tetrahydrocannabinols
8concentration at or above specified levels.' No person who has a
9tetrahydrocannabinols concentration of 5.0 or more may cause injury to another
10person by the operation of an all-terrain vehicle or utility terrain vehicle.
AB56-SA12,16 11Section 16. 23.33 (4c) (b) 3. of the statutes is amended to read:
AB56-SA12,5,2112 23.33 (4c) (b) 3. `Related charges.' A person may be charged with and a
13prosecutor may proceed upon a complaint based upon a violation of any combination
14of subd. 1., 2., or 2m., or 2n. for acts arising out of the same incident or occurrence.
15If the person is charged with violating any combination of subd. 1., 2., or 2m., or 2n.
16in the complaint, the crimes shall be joined under s. 971.12. If the person is found
17guilty of any combination of subd. 1., 2., or 2m., or 2n. for acts arising out of the same
18incident or occurrence, there shall be a single conviction for purposes of sentencing
19and for purposes of counting convictions under sub. (13) (b) 2. and 3. Subdivisions
201., 2., and 2m., and 2n. each require proof of a fact for conviction which the others do
21not require.
AB56-SA12,17 22Section 17. 23.33 (4c) (b) 4. a. of the statutes is amended to read:
AB56-SA12,6,423 23.33 (4c) (b) 4. a. In an action under this paragraph, the defendant has a
24defense if he or she proves by a preponderance of the evidence that the injury would
25have occurred even if he or she had been exercising due care and he or she had not

1been under the influence of an intoxicant, did not have an alcohol concentration of
20.08 or more, or did not have a detectable amount of a restricted controlled substance
3in his or her blood, or did not have a tetrahydrocannabinols concentration of 5.0 or
4more
.
AB56-SA12,18 5Section 18. 23.33 (4c) (b) 4. b. of the statutes is amended to read:
AB56-SA12,6,126 23.33 (4c) (b) 4. b. In an action under subd. 2m. that is based on the defendant
7allegedly having a detectable amount of methamphetamine, or
8gamma-hydroxybutyric acid, or delta-9-tetrahydrocannabinol in his or her blood,
9the defendant has a defense if he or she proves by a preponderance of the evidence
10that at the time of the incident or occurrence he or she had a valid prescription for
11methamphetamine or one of its metabolic precursors, or gamma-hydroxybutyric
12acid, or delta-9-tetrahydrocannabinol.
AB56-SA12,19 13Section 19. 23.33 (4c) (b) 4. c. of the statutes is created to read:
AB56-SA12,6,1814 23.33 (4c) (b) 4. c. In an action under subd. 2n. that is based on the defendant
15allegedly having a prohibited tetrahydrocannabinols concentration, the defendant
16has a defense if he or she proves by a preponderance of the evidence that at the time
17of the incident or occurrence he or she had a valid prescription for
18tetrahydrocannabinol or he or she was a qualifying patient, as defined in s. 50.80 (6).
AB56-SA12,20 19Section 20. 23.33 (4p) (d) of the statutes is amended to read:
AB56-SA12,7,520 23.33 (4p) (d) Admissibility; effect of test results; other evidence. The results
21of a chemical test required or administered under par. (a), (b) or (c) are admissible
22in any civil or criminal action or proceeding arising out of the acts committed by a
23person alleged to have violated the intoxicated operation of an all-terrain vehicle or
24utility terrain vehicle law on the issue of whether the person was under the influence
25of an intoxicant or the issue of whether the person had alcohol concentrations or

1tetrahydrocannabinols concentrations
at or above specified levels or a detectable
2amount of a restricted controlled substance in his or her blood. Results of these
3chemical tests shall be given the effect required under s. 885.235. This subsection
4does not limit the right of a law enforcement officer to obtain evidence by any other
5lawful means.
AB56-SA12,21 6Section 21. 23.33 (13) (b) 1. of the statutes is amended to read:
AB56-SA12,7,97 23.33 (13) (b) 1. Except as provided under subds. 2. and 3., a person who
8violates sub. (4c) (a) 1., 2., 2g., or 2m. or (4p) (e) shall forfeit not less than $150 nor
9more than $300.
AB56-SA12,22 10Section 22. 23.33 (13) (b) 2. of the statutes is amended to read:
AB56-SA12,7,1611 23.33 (13) (b) 2. Except as provided under subd. 3., a person who violates sub.
12(4c) (a) 1., 2., 2g., or 2m. or (4p) (e) and who, within 5 years prior to the arrest for the
13current violation, was convicted previously under the intoxicated operation of an
14all-terrain vehicle or utility terrain vehicle law or the refusal law shall be fined not
15less than $300 nor more than $1,100 and shall be imprisoned not less than 5 days
16nor more than 6 months.
AB56-SA12,23 17Section 23. 23.33 (13) (b) 3. of the statutes is amended to read:
AB56-SA12,7,2318 23.33 (13) (b) 3. A person who violates sub. (4c) (a) 1., 2., 2g., or 2m. or (4p) (e)
19and who, within 5 years prior to the arrest for the current violation, was convicted
202 or more times previously under the intoxicated operation of an all-terrain vehicle
21or utility terrain vehicle law or refusal law shall be fined not less than $600 nor more
22than $2,000 and shall be imprisoned not less than 30 days nor more than one year
23in the county jail.
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