AB817: Bill Text

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).

AB817, s. 104 Section 104. 146.0255 (1) (b) of the statutes is created to read:

AB817,40,2 146.0255 (1) (b) "Controlled substance analog" has the meaning given in s. 961.01 (4m).

AB817, s. 105 Section 105. 146.0255 (2) of the statutes is amended to read:

AB817,40,19 146.0255 (2) Testing. Any hospital employe who provides health care, social worker or foster care or treatment foster care intake worker may refer an infant to a physician for testing of the infant's bodily fluids for controlled substances or controlled substance analogs if the hospital employe who provides health care, social worker or foster care or treatment foster care intake worker suspects that the infant has controlled substances or controlled substance analogs in the infant's bodily fluids because of the mother's ingestion of controlled substances or controlled substance analogs while she was pregnant with the infant. The physician may test the infant to ascertain whether or not the infant has controlled substances or controlled substance analogs in the infant's bodily fluids, if the parent or guardian consents to the testing and if the physician determines that there is a serious risk that there are controlled substances or controlled substance analogs in the infant's bodily fluids because of the mother's ingestion of controlled substances or controlled substance analogs while she was pregnant with the infant. If the results of the test indicate that the infant does have controlled substances or controlled substance analogs in the infant's bodily fluids, the physician shall make a report under s. 46.238.

AB817, s. 106 Section 106. Chapter 161 (title) of the statutes is renumbered chapter 961 (title).

AB817, s. 107 Section 107. 161.001 (intro.) of the statutes is renumbered 961.001 (intro.).

AB817, s. 108 Section 108. 161.001 (1) of the statutes is renumbered 961.001 (1r).

AB817, s. 109 Section 109. 161.001 (2) of the statutes is renumbered 961.001 (2).

AB817, s. 110 Section 110. 161.001 (3) of the statutes is renumbered 961.001 (3).

AB817, s. 111 Section 111. Subchapter I (title) of chapter 161 [precedes 161.01] of the statutes is renumbered subchapter I (title) of chapter 961 [precedes 961.01].

AB817, s. 112 Section 112. 161.01 (intro.) of the statutes is renumbered 961.01 (intro.).

AB817, s. 113 Section 113. 161.01 (1) of the statutes is renumbered 961.01 (1), and 961.01 (1) (intro.), as renumbered, is amended to read:

AB817,41,9 961.01 (1) (intro.) "Administer", unless the context otherwise requires, means the direct application of to apply a controlled substance, whether by injection, inhalation, ingestion or any other means, to the body of a patient or research subject by:

AB817, s. 114 Section 114. 161.01 (2) of the statutes is renumbered 961.01 (2) and amended to read:

AB817,41,16 961.01 (2) "Agent", unless the context otherwise requires, means an authorized person who acts on behalf of or at the direction of a manufacturer, distributor or dispenser. It "Agent" does not include a common or contract carrier, public warehouse keeper or employe of the carrier or warehouse keeper while acting in the usual and lawful course of the carrier's or warehouse keeper's business.

AB817, s. 115 Section 115. 161.01 (3) of the statutes is repealed.

AB817, s. 116 Section 116. 161.01 (4) of the statutes is renumbered 961.01 (4) and amended to read:

AB817,41,21 961.01 (4) "Controlled substance" means a drug, substance or immediate precursor included in schedules I to V of subch. II.

AB817, s. 117 Section 117. 161.01 (5) of the statutes is renumbered 961.01 (5).