2015 - 2016 LEGISLATURE
January 7, 2016 - Introduced by Representatives Nygren, Novak, Quinn, Petryk,
Swearingen, Schraa, Horlacher, Kremer, Czaja, Spiros, Kleefisch,
Steffen, Rohrkaste, Ripp, Skowronski, T. Larson, Duchow, A. Ott,
Sanfelippo, Kulp, Jorgensen, Considine and Brandtjen, cosponsored by
Senators Cowles, Moulton, Olsen, Wanggaard and Nass. Referred to
Committee on Health.
1An Act to amend
103.34 (1) (b) 1. and 961.443 (2); and to create
961.55 (1) (h) 2
and 961.69 of the statutes; relating to: the use, possession, manufacture,
3distribution, and advertisement of a masking agent and providing a criminal
Analysis by the Legislative Reference Bureau
This bill criminalizes the use, possession, manufacture, distribution, and
advertisement of any substance or device that is intended to defraud, circumvent,
interfere with, or provide a substitute for a bodily fluid in conjunction with a lawfully
administered drug test (masking agent).
Under the bill, a person who uses or possesses with the intent to use a masking
agent is subject to a fine up to $500, imprisonment for 30 days, or both. A person who
delivers or manufactures with the intent to deliver a masking agent is subject to a
fine up to $1,000, imprisonment for up to 90 days, or both. A person who advertises
a masking agent for sale may be fined up to $500, imprisoned for up to 30 days, or
For further information see the state and local fiscal estimate, which will be
printed as an appendix to this bill.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
103.34 (1) (b) 1. of the statutes is amended to read:
(b) 1. A violation of s. 125.07 (1) (a), (2) (a) 1. or 2., or (4) (a) or (b), 3
125.085 (3) (a) or (b), 125.09 (2), 961.41 (1) or (1m), 961.573, 961.574, or
of a substantially similar federal law or law of another state, or of a local 5
ordinance that strictly conforms to any of those statutes, if the violation was 6
committed in connection with or incident to any traveling sales crew activities.
961.443 (2) of the statutes is amended to read:
961.443 (2) Immunity from criminal prosecution.
An aider is immune from 9
prosecution under s. 961.573,
for the possession of drug paraphernalia, and
s. 961.41 (3g) for the possession of a controlled substance or a controlled substance 11
analog, and under s. 961.69 (2) for possession of a masking agent
under the 12
circumstances surrounding or leading to his or her commission of an act described 13
in sub. (1).
961.55 (1) (h) of the statutes is created to read:
(h) Any masking agent, as defined in s. 961.69 (1), used in violation 16
of this chapter.
961.69 of the statutes is created to read:
18961.69 Possession, use, manufacture, distribution, or advertisement of
19a masking agent. (1)
In this section, "masking agent" means any substance or 20
device that is intended for use to defraud, circumvent, interfere with, or provide a 21
substitute for a bodily fluid in conjunction with a lawfully administered drug test.
No person may use, or possess with the primary intent to use, a masking 23
agent. Any person who violates this subsection may be fined not more than $500 or 24
imprisoned for not more than 30 days or both.
No person may deliver, possess with intent to deliver, or manufacture with 2
intent to deliver a masking agent. Any person who who violates this subsection may 3
be fined not more than $1,000 or imprisoned for not more than 90 days or both.
No person may place on an Internet site or in any newspaper, magazine, 5
handbill, or other publication any advertisement knowing that the purpose of the 6
advertisement, in whole or in part, is to promote the sale of a masking agent. Any 7
person who violates this subsection may be fined not more than $500 or imprisoned 8
for not more than 30 days or both.