LRBs0308/1
JEO:kaf:ijs
1997 - 1998 LEGISLATURE
ASSEMBLY SUBSTITUTE AMENDMENT 2,
TO 1997 ASSEMBLY BILL 215
November 10, 1997 - Offered by Representative Underheim.
AB215-ASA2,1,4
1An Act to amend 346.935 (1), 346.935 (2), 346.935 (3) and 346.935 (4) (b); and
2to create 20.115 (8) (gn), 134.63 and 941.315 of the statutes;
relating to:
3nitrous oxide, requiring the exercise of rule-making authority, making an
4appropriation and providing penalties.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
AB215-ASA2, s. 1
5Section
1. 20.115 (8) (gn) of the statutes is created to read:
AB215-ASA2,1,86
20.115
(8) (gn)
Permits for the retail sale of nitrous oxide containers. All moneys
7received from fees for permits under s. 134.63 (1g) for the costs of issuing the permits
8and regulating persons engaged in the retail sale of nitrous oxide containers.
AB215-ASA2,1,11
10134.63 Nitrous oxide; restrictions on sales; records of certain sales;
11labeling. (1) In this section:
AB215-ASA2,2,2
1(a) "Deliver" or "delivery" means the actual, constructive or attempted transfer
2of nitrous oxide or a nitrous oxide container from one person to another.
AB215-ASA2,2,43
(b) "Department" means the department of agriculture, trade and consumer
4protection.
AB215-ASA2,2,75
(c) "Nitrous oxide container" means any compressed gas container that
6contains food grade or pharmaceutical grade nitrous oxide as its principal
7ingredient.
AB215-ASA2,2,10
8(1g) (a) The department shall issue permits authorizing the sale at retail of
9nitrous oxide containers. The department shall promulgate rules establishing all of
10the following:
AB215-ASA2,2,1311
1. The requirements that a person must meet to be eligible for a permit, except
12that the department may not issue a permit to any individual who has not attained
13the age of 21.
AB215-ASA2,2,1414
2. A procedure for applying for a permit.
AB215-ASA2,2,1515
3. A fee for initial issuance of a permit and renewal of a permit.
AB215-ASA2,2,1716
(b) A permit issued by the department under par. (a) shall expire on June 30
17of each odd-numbered year.
AB215-ASA2,2,2018
(c) The department shall revoke a permit issued under par. (a) if the person to
19whom the permit was issued violates any provision of this section or s. 346.935 or
20941.315 or any rule promulgated under this section.
AB215-ASA2,2,22
21(1r) (a) No person may sell at retail any nitrous oxide container unless he or
22she has a permit issued by the department under sub. (1g).
AB215-ASA2,2,2423
(b) Any person who violates par. (a) shall forfeit not more than $1,000 for each
24offense. Each day of a continuing violation is a separate offense.
AB215-ASA2,3,3
1(2) (a) Except as provided in par. (b), no person who engages in the retail sale
2of cartridges of nitrous oxide may sell more than 24 cartridges in any single retail
3transaction.
AB215-ASA2,3,64
(am) Except as provided in par. (b), no person may, during any consecutive
548-hour period, engage in more than one retail purchase of nitrous oxide or any
6nitrous oxide container.
AB215-ASA2,3,107
(b) Paragraphs (a) and (am) do not apply to a retail sale to a bakery, restaurant,
8institutional food distributor or other person engaged in the food service industry if
9the bakery, restaurant, distributor or other person has an emergency business need
10for the cartridges.
AB215-ASA2,3,18
11(3) (a) Every person in this state who delivers nitrous oxide or any nitrous oxide
12container to another shall keep a register of all deliveries of nitrous oxide or any
13nitrous oxide container. The register shall show the name and complete address of
14the person to whom the nitrous oxide or nitrous oxide container is delivered, the
15number of cartridges or other containers delivered, the date of delivery and, if the
16delivery involves a retail sale under sub. (1) (b), the person's Wisconsin income tax
17identification number and reason for needing more than 24 cartridges of nitrous
18oxide.
AB215-ASA2,3,2219
(b) A person required to keep a register under par. (a) shall preserve the register
20on his or her business premises for 2 years in such a manner as to insure permanency
21and accessibility for inspection and shall permit inspection of the register at all
22reasonable hours by authorized state and local law enforcement officials.
AB215-ASA2,4,223
(c) No person required to keep a register under par. (a) may deliver nitrous
24oxide or any nitrous oxide container to another person unless the person to whom the
1nitrous oxide or nitrous oxide container is delivered presents an official identification
2card, as defined in s. 125.085 (1).
AB215-ASA2,4,53
(d) No person to whom nitrous oxide or any nitrous oxide container is delivered
4may give a false name or address to a person required to keep a register under par.
5(a).
AB215-ASA2,4,11
6(4) (a) No person may deliver a cartridge of nitrous oxide to another unless the
7cartridge bears a label, stamp or tag that sets forth in clearly legible and conspicuous
8form the following warning: "Nitrous oxide cartridges are to be used only for
9purposes of preparing food. Nitrous oxide cartridges may not be sold to persons
10under the age of 21. Do not inhale the contents of this cartridge. Misuse of nitrous
11oxide can be dangerous to your health."
AB215-ASA2,4,1512
(b) No person may deliver a cartridge of nitrous oxide to another unless the
13packaging in which the cartridge is enclosed is marked with a label or other device
14that indicates the name and business address of the person delivering the cartridge
15of nitrous oxide.
AB215-ASA2,4,1817
346.935
(1) No person may drink alcohol beverages
or inhale nitrous oxide
18while he or she is in any motor vehicle when the vehicle is upon a highway.
AB215-ASA2,4,2420
346.935
(2) No person may possess on his or her person, in a privately owned
21motor vehicle upon a public highway, any bottle or receptacle containing alcohol
22beverages
or nitrous oxide if the bottle or receptacle has been opened, the seal has
23been broken or the contents of the bottle or receptacle have been partially removed
24or released.
AB215-ASA2,5,10
1346.935
(3) The owner of a privately owned motor vehicle, or the driver of the
2vehicle if the owner is not present in the vehicle, shall not keep, or allow to be kept
3in the motor vehicle when it is upon a highway any bottle or receptacle containing
4alcohol beverages
or nitrous oxide if the bottle or receptacle has been opened, the seal
5has been broken or the contents of the bottle or receptacle have been partially
6removed
or released. This subsection does not apply if the bottle or receptacle is kept
7in the trunk of the vehicle or, if the vehicle has no trunk, in some other area of the
8vehicle not normally occupied by the driver or passengers. A utility compartment or
9glove compartment is considered to be within the area normally occupied by the
10driver and passengers.
AB215-ASA2, s. 6
11Section
6. 346.935 (4) (b) of the statutes is amended to read:
AB215-ASA2,5,1812
346.935
(4) (b) This section does not apply to passengers in a limousine or in
13a motor bus
who possess any bottle or receptacle containing alcohol beverages that
14has been opened, on which the seal has been broken or the contents of which have
15been partially removed or released if the vehicle is operated by a chauffeur holding
16a valid license and endorsements authorizing operation of the vehicle as provided in
17ch. 343 and is in compliance with any local ordinance or regulation adopted under
18s. 349.24.
AB215-ASA2,5,21
20941.315 Possession, distribution or delivery of nitrous oxide. (1) In this
21section:
AB215-ASA2,5,2322
(a) "Deliver" or "delivery" means the actual, constructive or attempted transfer
23of nitrous oxide or a substance containing nitrous oxide from one person to another.
AB215-ASA2,5,2424
(b) "Distribute" means to deliver, other than by administering.
AB215-ASA2,5,25
25(2) Whoever does any of the following is guilty of a Class A misdemeanor:
AB215-ASA2,6,2
1(a) Possesses nitrous oxide or a substance containing nitrous oxide with the
2intent to inhale the nitrous oxide.
AB215-ASA2,6,33
(b) Intentionally or otherwise inhales nitrous oxide.
AB215-ASA2,6,4
4(3) Whoever does any of the following is guilty of a Class D felony:
AB215-ASA2,6,65
(a) Distributes or delivers, or possesses with intent to distribute or deliver,
6nitrous oxide to a person who has not attained the age of 21.
AB215-ASA2,6,107
(b) Distributes or delivers, or possesses with intent to distribute or deliver,
8nitrous oxide or a substance containing nitrous oxide to a person aged 21 years or
9older knowing or having reason to know that the person will use the nitrous oxide
10in violation of sub. (2).
AB215-ASA2,6,1411
(c) Distributes or delivers to a person aged 21 years or older any object used,
12designed for use or primarily intended for use in inhaling nitrous oxide at the same
13time that he or she distributes or delivers nitrous oxide or a substance containing
14nitrous oxide to the person.
AB215-ASA2,6,17
15(5) (a) Subsection (2) does not apply to a person to whom nitrous oxide is
16administered for the purpose of providing medical or dental care, if the nitrous oxide
17is administered at the direction or under the supervision of a physician or dentist.
AB215-ASA2,6,2018
(b) Subsection (3) (a) does not apply to the administration of nitrous oxide by
19a physician or dentist, or by another person at the direction or under the supervision
20of a physician or dentist, for the purpose of providing medical or dental care.
AB215-ASA2,6,2321
(c) Subsection (3) (c) does not apply to the sale to a physician or dentist of any
22object used, designed for use or primarily intended for use by a physician or dentist
23in administering nitrous oxide for the purpose of providing medical or dental care.
AB215-ASA2,7,3
1(1) The treatment of section 134.63 (4) (b) of the statutes first applies to
2deliveries of nitrous oxide cartridges occurring on the first day of the 7th month
3beginning after the effective date of this subsection.