AB817: Bill Text

AB817,27,4 59.07 (107) Possession of marijuana. Enact and enforce an ordinance to prohibit the possession of 25 grams or less of marijuana, as defined in s. 161.01 961.01 (14), subject to the exceptions in s. 161.41 (3r) 961.41 (3g) (intro.), and provide a forfeiture for a violation of the ordinance; except that any person who is charged with possession of more than 25 grams of marijuana, or who is charged with possession of any amount of marijuana following a conviction for possession of marijuana, in this state shall not be prosecuted under this subsection. Any ordinance enacted under this subsection does not apply in any city, village or town that has enacted an ordinance prohibiting the possession of marijuana.

AB817, s. 60 Section 60. 59.20 (5) (b) of the statutes is amended to read:

AB817,27,25 59.20 (5) (b) For all court imposed fines and forfeitures required by law to be deposited in the state treasury, the amounts required by s. 165.87 for the penalty assessment surcharge, the amounts required by s. 167.31 (5) for the weapons assessment, the amounts required by s. 973.045 for the crime victim and witness assistance surcharge, the amounts required by s. 973.046 for the deoxyribonucleic acid analysis surcharge, the amounts required by s. 161.41 961.41 (5) for the drug abuse program improvement surcharge, the amounts authorized by s. 971.37 (1m) (c) 1. or required by s. 973.055 (1) for the domestic abuse assessment, the amounts required by s. 346.655 (2) (a) and (b) for the driver improvement surcharge, the amounts required by s. 102.85 (4) for the uninsured employer assessment, the amounts required by s. 144.992 for the environmental assessment, the amounts required by s. 29.9965 for the wild animal protection assessment, the amounts required by s. 29.997 for the natural resources assessment surcharge, the amounts required by s. 29.9967 for the fishing shelter removal assessment, the amounts required by s. 350.115 for the snowmobile registration restitution payment and the amounts required by s. 29.998 for natural resources restitution payments, transmit to the state treasurer a statement of all moneys required by law to be paid on the actions so entered during the preceding month on or before the first day of the next succeeding month, certified by the treasurer's personal signature affixed or attached thereto, and at the same time pay to the state treasurer the amount thereof.

AB817, s. 61 Section 61. 59.395 (5) of the statutes is amended to read:

AB817,28,22 59.395 (5) Pay monthly to the county treasurer for the use of the state the state's percentage of the fees required to be paid on each civil action, criminal action and special proceeding filed during the preceding month and pay monthly to the county treasurer for the use of the state the percentage of court imposed fines and forfeitures required by law to be deposited in the state treasury, the amounts required by s. 165.87 (2) (b) for the penalty assessment surcharge, the amounts required by s. 167.31 (5) for the weapons assessment, the amounts required by s. 973.045 for the crime victim and witness assistance surcharge, the amounts required by s. 973.046 for the deoxyribonucleic acid analysis surcharge, the amounts required by s. 161.41 961.41 (5) for the drug abuse program improvement surcharge, the amounts authorized by s. 971.37 (1m) (c) 1. or required by s. 973.055 for the domestic abuse assessment surcharge, the amounts required by s. 346.655 for the driver improvement surcharge, the amounts required by s. 102.85 (4) for the uninsured employer assessment, the amounts required by s. 144.992 for the environmental assessment, the amounts required under s. 29.9965 for the wild animal protection assessment, the amounts required under s. 29.997 (1) (d) for the natural resources assessment surcharge, the amounts required by s. 29.9967 for the fishing shelter removal assessment, the amounts required by s. 350.115 for the snowmobile registration restitution payment and the amounts required under s. 29.998 (1) (d) for the natural resources restitution payments. The payments shall be made by the 15th day of the month following receipt thereof.

AB817, s. 62 Section 62. 60.23 (21) of the statutes is amended to read:

AB817,29,3 60.23 (21) Drug paraphernalia. Adopt an ordinance to prohibit conduct that is the same as that prohibited by s. 161.573 (2), 161.574 (2) or 161.575 (2) 961.573 (2), 961.574 (2) or 961.575 (2).

AB817, s. 63 Section 63. 66.051 (1) (bm) of the statutes is amended to read:

AB817,29,11 66.051 (1) (bm) Enact and enforce an ordinance to prohibit the possession of 25 grams or less of marijuana, as defined in s. 161.01 961.01 (14), subject to the exceptions in s. 161.41 (3r) 961.41 (3g) (intro.), and provide a forfeiture for a violation of the ordinance; except that any person who is charged with possession of more than 25 grams of marijuana, or who is charged with possession of any amount of marijuana following a conviction for possession of marijuana, in this state shall not be prosecuted under this paragraph; and

AB817, s. 64 Section 64. 100.182 (4) of the statutes is amended to read:

AB817,29,17 100.182 (4) No person may advertise a drug that the person knows is intentionally manufactured substantially to resemble a controlled substance or that the person represents to be of a nature, appearance or effect that will allow the recipient to display, sell, deliver, distribute or use the drug as a controlled substance, unless the drug is controlled under ch. 161 961.

AB817, s. 65 Section 65. 100.37 (1) (hm) of the statutes is amended to read:

AB817,29,19 100.37 (1) (hm) "Practitioner" has the meaning given in s. 161.01 961.01 (19).

AB817, s. 66 Section 66. 101.22 (1m) (g) of the statutes is amended to read:

AB817,30,2 101.22 (1m) (g) "Disability" means a physical or mental impairment that substantially limits one or more major life activities, a record of having such an impairment or being regarded as having such an impairment. "Disability" does not include the current illegal use of a controlled substance, as defined in s. 161.01 961.01 (4), or a controlled substance analog, as defined in s. 961.01 (4m), unless the individual is participating in a supervised drug rehabilitation program.

AB817, s. 67 Section 67. 102.58 of the statutes is amended to read:

AB817,30,14 102.58 Decreased compensation. If injury is caused by the failure of the employe to use safety devices which are provided in accordance with any statute or lawful order of the department and are adequately maintained, and the use of which is reasonably enforced by the employer, or if injury results from the employe's failure to obey any reasonable rule adopted and reasonably enforced by the employer for the safety of the employe and of which the employe has notice, or if injury results from the intoxication of the employe by alcohol beverages, as defined in s. 125.02 (1), or use of a controlled substance, as defined in s. 161.01 961.01 (4), or a controlled substance analog, as defined in s. 961.01 (4m), the compensation and death benefit provided in this chapter shall be reduced 15% but the total reduction may not exceed $15,000.

AB817, s. 68 Section 68. 106.04 (1m) (g) of the statutes, as affected by 1995 Wisconsin Act 27, section 3687, is amended to read:

AB817,30,22 106.04 (1m) (g) "Disability" means a physical or mental impairment that substantially limits one or more major life activities, a record of having such an impairment or being regarded as having such an impairment. "Disability" does not include the current illegal use of a controlled substance, as defined in s. 161.01 961.01 (4), or a controlled substance analog, as defined in s. 961.01 (4m), unless the individual is participating in a supervised drug rehabilitation program.

AB817, s. 69 Section 69. 106.215 (1) (cg) of the statutes, as affected by 1995 Wisconsin Act 27, section 239d, is amended to read:

AB817,31,8 106.215 (1) (cg) "Disability" means a physical or mental impairment that substantially limits one or more major life activities, a record of having such an impairment or being regarded as having such an impairment. "Disability" includes any physical disability or developmental disability, as defined in s. 51.01 (5) (a). "Disability" does not include the current illegal use of a controlled substance, as defined in s. 161.01 961.01 (4), or a controlled substance analog, as defined in s. 961.01 (4m), unless the individual is participating in a supervised drug rehabilitation program.

AB817, s. 70 Section 70. 108.04 (5) of the statutes is amended to read:

AB817,32,7 108.04 (5) Discharge for misconduct. An employe whose work is terminated by an employing unit for misconduct connected with the employe's work is ineligible to receive benefits until 7 weeks have elapsed since the end of the week in which the discharge occurs and the employe earns wages after the week in which the discharge occurs equal to at least 14 times the employe's weekly benefit rate under s. 108.05 (1) in employment or other work covered by the unemployment compensation law of any state or the federal government. For purposes of requalification, the employe's weekly benefit rate shall be that rate which would have been paid had the discharge not occurred. The wages paid to an employe by an employer which terminates employment of the employe for misconduct connected with the employe's employment shall be excluded from the employe's base period wages under s. 108.06 (1) for purposes of benefit entitlement. The department shall, by rule, prescribe the conditions under which an employe's possession, use or impairment due to use of a controlled substance, as defined in s. 161.01 961.01 (4), or a controlled substance analog, as defined in s. 961.01 (4m), or an employe's violation of a work rule relating to controlled substances testing constitutes misconduct. This subsection does not preclude an employe who has employment with an employer other than the employer which terminated the employe for misconduct from establishing a benefit year using the base period wages excluded under this subsection if the employe qualifies to establish a benefit year under s. 108.06 (2) (a). The department shall charge to the fund's balancing account any benefits otherwise chargeable to the account of an employer that is subject to the contribution requirements under ss. 108.17 and 108.18 from which base period wages are excluded under this subsection.

AB817, s. 71 Section 71. 108.04 (6) of the statutes is amended to read:

AB817,32,20 108.04 (6) Disciplinary suspension. An employe whose work is suspended by an employing unit for good cause connected with the employe's work is ineligible to receive benefits until 3 weeks have elapsed since the end of the week in which the suspension occurs or until the suspension is terminated, whichever occurs first. The department shall, by rule, prescribe the conditions under which an employe's possession, use or impairment due to use of a controlled substance, as defined in s. 161.01 961.01 (4), or a controlled substance analog, as defined in s. 961.01 (4m), or an employe's violation of a work rule relating to controlled substances testing constitutes good cause for suspension. This subsection does not preclude an employe from establishing a benefit year during a period in which the employe is ineligible to receive benefits under this subsection if the employe qualifies to establish a benefit year under s. 108.06 (2) (a).

AB817, s. 72 Section 72. 111.335 (1) (cs) 1. of the statutes is amended to read:

AB817,32,23 111.335 (1) (cs) 1. Manufacturing, distributing or delivering a controlled substance or controlled substance analog under s. 161.41 961.41 (1).

AB817, s. 73 Section 73. 111.335 (1) (cs) 2. of the statutes is amended to read:

AB817,33,2 111.335 (1) (cs) 2. Possessing, with intent to manufacture, distribute or deliver, a controlled substance or controlled substance analog under s. 161.41 961.41 (1m).

AB817, s. 74 Section 74. 111.335 (1) (cs) 3. of the statutes is amended to read:

AB817,33,7 111.335 (1) (cs) 3. Possessing, with intent to manufacture, distribute or deliver, or manufacturing, distributing or delivering a controlled substance or controlled substance analog under a federal law that is substantially similar to s. 161.41 961.41 (1) or (1m).

AB817, s. 75 Section 75. 111.335 (1) (cs) 4. of the statutes is amended to read:

AB817,33,12 111.335 (1) (cs) 4. Possessing, with intent to manufacture, distribute or deliver, or manufacturing, distributing or delivering a controlled substance or controlled substance analog under the law of another state that is substantially similar to s. 161.41 961.41 (1) or (1m).

AB817, s. 76 Section 76. 111.37 (5) (c) of the statutes is amended to read:

AB817,33,23 111.37 (5) (c) Except as provided in sub. (6), this section does not prohibit the use of a polygraph test by an employer that is authorized to manufacture, distribute or dispense a controlled substance listed included in schedule I, II, III, IV or V under ch. 161 961 if the test is administered to a prospective employe who would have direct access to the manufacture, storage, distribution or sale of the controlled substance or to a current employe if the test is administered in connection with an ongoing investigation of criminal or other misconduct that involves, or potentially involves, loss or injury to the manufacture, distribution or dispensing of the controlled substance by that employer and the employe had access to the person or property that is the subject of the investigation.

AB817, s. 77 Section 77. 114.09 (1) (b) of the statutes is amended to read:

AB817,34,13 114.09 (1) (b) No person may operate an aircraft in the air or on the ground or water while under the influence of intoxicating liquor or controlled substances or controlled substance analogs under ch. 161 961 or a combination thereof, under the influence of any other drug to a degree which renders him or her incapable of safely operating an aircraft, or under the combined influence of intoxicating liquor and any other drug to a degree which renders him or her incapable of safely operating an aircraft, nor operate an aircraft in the air or on the ground or water in a careless or reckless manner so as to endanger the life or property of another. In determining whether the operation was careless or reckless the court shall consider the standards for safe operation of aircraft prescribed by federal statutes or regulations governing aeronautics. The court shall make a written report of all convictions, including bail or appearance money forfeitures, obtained under this section to the department, which shall send the report to the proper federal agency.

AB817, s. 78 Section 78. 114.103 (1) (a) of the statutes is amended to read:

AB817,34,16 114.103 (1) (a) "Controlled substance" has the meaning given in s. 161.01 961.01 (4).

AB817, s. 79 Section 79. 114.103 (1) (am) of the statutes is created to read:

AB817,34,19 114.103 (1) (am) "Controlled substance analog" has the meaning given in s. 961.01 (4m).

AB817, s. 80 Section 80. 114.103 (2) (a) of the statutes is amended to read:

AB817,35,3 114.103 (2) (a) If any private security person acting in the course of his or her employment at an airport believes, on the basis of personal observation, that someone possesses a controlled substance or a controlled substance analog, without a prescription or an authorization for that possession, or possesses $10,000 or more in cash or that a shipment contains a controlled substance or controlled substance analog or $10,000 or more in cash, the private security person shall report, as soon as practicable and by telephone or in person, to the county sheriff's office or the police department of the municipality in which the airport is located.

AB817, s. 81 Section 81. 115.35 (1) of the statutes is amended to read:

AB817,35,20 115.35 (1) A critical health problems education program is established in the department. The program shall be a systematic and integrated program designed to provide appropriate learning experiences based on scientific knowledge of the human organism as it functions within its environment and designed to favorably influence the health, understanding, attitudes and practices of the individual child which will enable him or her to adapt to changing health problems of our society. The program shall be designed to educate youth with regard to critical health problems and shall include, but not be limited to, the following topics as the basis for comprehensive education curricula in all elementary and secondary schools: controlled substances, as defined in s. 161.01 961.01 (4); controlled substance analogs, as defined in s. 961.01 (4m); alcohol; tobacco; mental health; sexually transmitted diseases, including acquired immunodeficiency syndrome; human growth and development; and related health and safety topics. Participation in the human growth and development topic of the curricula shall be entirely voluntary. The department may not require a school board to use a specific human growth and development curriculum.

AB817, s. 82 Section 82. 118.01 (2) (d) 2. c. of the statutes is amended to read:

AB817,36,2 118.01 (2) (d) 2. c. Knowledge of physiology and hygiene, sanitation, the effects of controlled substances under ch. 161 961 and alcohol upon the human system, symptoms of disease and the proper care of the body. No pupil may be required to take instruction in these subjects if his or her parent files with the teacher a written objection thereto. Instruction in physiology and hygiene shall include instruction on sexually transmitted diseases and shall be offered in every high school.

AB817, s. 83 Section 83. 118.01 (2) (d) 6. of the statutes is amended to read:

AB817,36,6 118.01 (2) (d) 6. Knowledge of the prevention of accidents and promotion of safety on the public highways, including instruction on the relationship between highway safety and the use of alcohol and controlled substances under ch. 161 961.

AB817, s. 84 Section 84. 118.01 (2) (d) 7. of the statutes is amended to read:

AB817,36,13 118.01 (2) (d) 7. The skills needed to make sound decisions, knowledge of the conditions which may cause and the signs of suicidal tendencies, knowledge of the relationship between youth suicide and the use of alcohol and controlled substances under ch. 161 961 and knowledge of the available community youth suicide prevention and intervention services. Instruction shall be designed to help prevent suicides by pupils by promoting the positive emotional development of pupils.

AB817, s. 85 Section 85. 118.257 (1) (a) of the statutes is amended to read:

AB817,36,16 118.257 (1) (a) "Controlled substance" has the meaning specified in s. 161.01 961.01 (4).

AB817, s. 86 Section 86. 118.257 (1) (am) of the statutes is created to read:

AB817,36,19 118.257 (1) (am) "Controlled substance analog" has the meaning given in s. 961.01 (4m).

AB817, s. 87 Section 87. 118.257 (1) (b) of the statutes is amended to read:

AB817,36,21 118.257 (1) (b) "Distribute" has the meaning specified in s. 161.01 961.01 (9).

AB817, s. 88 Section 88. 118.257 (2) of the statutes is amended to read:

AB817,37,3 118.257 (2) A school administrator, principal, pupil services professional or teacher employed by a school board is not liable for referring a pupil enrolled in the school district to law enforcement authorities, or for removing a pupil from the school premises or from participation in a school-sponsored activity, for suspicion of possession, distribution or consumption of an alcohol beverage or a controlled substance or controlled substance analog.

AB817, s. 89 Section 89. 125.12 (2) (ag) 5. of the statutes is amended to read:

AB817,37,13 125.12 (2) (ag) 5. The person has been convicted of manufacturing, distributing or delivering a controlled substance or controlled substance analog under s. 161.41 961.41 (1); of possessing, with intent to manufacture , distribute or delivery deliver, a controlled substance or controlled substance analog under s. 161.41 961.41 (1m); or of possessing, with intent to manufacture or deliver, or of manufacturing or delivering a controlled substance under s. 161.41 (1m); or of possessing, with intent to manufacture, distribute or delivery deliver, or of manufacturing, distributing or delivering a controlled substance or controlled substance analog under a substantially similar federal law or a substantially similar law of another state.

AB817, s. 90 Section 90. 125.12 (2) (ag) 6. of the statutes is amended to read:

AB817,37,18 125.12 (2) (ag) 6. The person knowingly allows another person, who is on the premises for which the license under this chapter is issued, to possess, with the intent to manufacture, distribute or deliver, or to manufacture, distribute or deliver a controlled substance or controlled substance analog.

AB817, s. 91 Section 91. 125.12 (4) (ag) 7. of the statutes is amended to read:

AB817,38,2 125.12 (4) (ag) 7. That the licensee has been convicted of manufacturing, distributing or delivering a controlled substance or controlled substance analog under s. 161.41 961.41 (1); of possessing, with intent to manufacture, distribute or deliver, a controlled substance or controlled substance analog under s. 161.41 961.41 (1m); or of possessing, with intent to manufacture, distribute or deliver, or of manufacturing, distributing or delivering a controlled substance or controlled substance analog under a substantially similar federal law or a substantially similar law of another state.

AB817, s. 92 Section 92. 125.12 (4) (ag) 8. of the statutes is amended to read:

AB817,38,7 125.12 (4) (ag) 8. That the licensee knowingly allows another person, who is on the premises for which the license under this chapter is issued, to possess, with the intent to manufacture, distribute or deliver, or to manufacture, distribute or deliver a controlled substance or controlled substance analog.

AB817, s. 93 Section 93. 139.34 (1) (c) 3. of the statutes is amended to read:

AB817,38,10 139.34 (1) (c) 3. The person is addicted to the use of a controlled substance or controlled substance analog under ch. 161 961.

AB817, s. 94 Section 94. 139.37 (1) (c) 3. of the statutes is amended to read:

AB817,38,13 139.37 (1) (c) 3. Is addicted to the use of a controlled substance or controlled substance analog under ch. 161 961;

AB817, s. 95 Section 95. 139.87 (2) of the statutes is amended to read:

AB817,38,25 139.87 (2) "Dealer" means a person who in violation of ch. 161 961 possesses, manufactures, produces, ships, transports, delivers, distributes, imports, sells or transfers to another person more than 42.5 grams of marijuana material containing tetrahydrocannabinols, more than 5 marijuana plants containing tetrahydrocannabinols, more than 14 grams of mushrooms containing psilocin or psilocybin, more than 100 milligrams of any material containing lysergic acid diethylamide or more than 7 grams of any other schedule I controlled substance or schedule II controlled substance or of a controlled substance analog of a schedule I or schedule II controlled substance. "Dealer" does not include a person who lawfully possesses marijuana or another a controlled substance or controlled substance analog.

AB817, s. 96 Section 96. 139.87 (4) of the statutes is repealed.

AB817, s. 97 Section 97. 139.87 (5) of the statutes is amended to read:

AB817,39,4 139.87 (5) "Schedule I controlled substance" means a substance listed included in s. 161.14 961.14.

AB817, s. 98 Section 98. 139.87 (6) of the statutes is amended to read:

AB817,39,7 139.87 (6) "Schedule II controlled substance" means a substance listed included in s. 161.16 961.16.

AB817, s. 99 Section 99. 139.87 (7) of the statutes is created to read:

AB817,39,10 139.87 (7) "Tetrahydrocannabinols" means a substance included in s. 961.14 (4) (t).

AB817, s. 100 Section 100. 139.88 (1) of the statutes is amended to read:

AB817,39,14 139.88 (1) Per gram or part of a gram of marijuana material containing tetrahydrocannabinols, whether pure or impure, measured when in the dealer's possession, $3.50.

AB817, s. 101 Section 101. 139.88 (1d) of the statutes is amended to read:

AB817,39,17 139.88 (1d) Per marijuana plant containing tetrahydrocannabinols, regardless of weight, counted when in the dealer's possession, $1,000.

AB817, s. 102 Section 102. 146.0255 (title) of the statutes is amended to read:

AB817,39,20 146.0255 (title) Testing infants for controlled substances or controlled substance analogs.

AB817, s. 103 Section 103. 146.0255 (1) of the statutes is renumbered 146.0255 (1) (intro.) and amended to read:

AB817,39,23 146.0255 (1) (title) Definition Definitions. (intro.) In this section , "controlled:

AB817,39,24 (a) "Controlled substance" has the meaning given in s. 161.01 961.01 (4).