AB482,51,98
4. A registration fee in an amount determined by the department, but not to
9exceed $150.
AB482,51,1510
(b) An adult registrant who is a qualifying patient or an applicant may jointly
11apply with another adult to the department for a registry identification card for the
12other adult, designating the other adult as a primary caregiver for the registrant or
13applicant. Both persons who jointly apply for a registry identification card under this
14paragraph shall sign the application form, which shall contain the name, address,
15and date of birth of the individual applying to be registered as a primary caregiver.
AB482,51,1916
(c) The department shall promulgate rules specifying how a parent, guardian,
17or person having legal custody of a child may apply for a registry identification card
18for himself or herself and for the child and the circumstances under which the
19department may approve or deny the application.
AB482,51,25
20(3) Processing the application. The department shall verify the information
21contained in or accompanying an application submitted under sub. (2) and shall
22approve or deny the application within 30 days after receiving it. Except as provided
23in sub. (2) (c), the department may deny an application submitted under sub. (2) only
24if the required information has not been provided or if false information has been
25provided.
AB482,52,6
1(4) Issuing a registry identification card. The department shall issue to the
2applicant a registry identification card within 5 days after approving an application
3under sub. (3). Unless voided under sub. (5) (b) or (c) or revoked under rules issued
4by the department under sub. (7) (d), a registry identification card shall expire 4
5years from the date of issuance. A registry identification card shall contain all of the
6following:
AB482,52,77
(a) The name, address, and date of birth of all of the following:
AB482,52,88
1. The registrant.
AB482,52,99
2. Each primary caregiver, if the registrant is a qualifying patient.
AB482,52,1010
3. The qualifying patient, if the registrant is a primary caregiver.
AB482,52,1111
(b) The date of issuance and expiration date of the registry identification card.
AB482,52,1212
(c) A photograph of the registrant.
AB482,52,1313
(d) Other information the department may require by rule.
AB482,52,20
14(5) Additional information to be provided by registrant. (a) 1. An adult
15registrant shall notify the department of any change in the registrant's name and
16address. An adult registrant who is a qualifying patient shall notify the department
17of any change in his or her physician, of any significant improvement in his or her
18health as it relates to his or her debilitating medical condition or treatment, and if
19a registered primary caregiver no longer assists the registrant with the medical use
20of tetrahydrocannabinols.
AB482,52,2421
2. If a qualifying patient is a child, a primary caregiver for the child shall
22provide the department with any information that the child, if he or she were an
23adult, would have to provide under subd. 1. within 10 days after the date of the
24change to which the information relates.
AB482,53,5
1(b) If a registrant fails to notify the department within 10 days after any change
2for which notification is required under par. (a) 1., his or her registry identification
3card is void. If a registrant fails to comply with par. (a) 2., the registry identification
4card for the qualifying patient to whom the information under par. (a) 2. relates is
5void.
AB482,53,96
(c) If a qualifying patient's registry identification card becomes void under par.
7(b), the registry identification card for each of the qualifying patient's primary
8caregivers is void. The department shall send written notice of this fact to each such
9primary caregiver.
AB482,53,10
10(6) Records. (a) The department shall maintain a list of all registrants.
AB482,53,1311
(b) Notwithstanding s. 19.35 and except as provided in par. (c), the department
12may not disclose information from an application submitted or a registry
13identification card issued under this section.
AB482,53,1714
(c) The department may disclose to state or local law enforcement agencies
15information from an application submitted by, or from a registry identification card
16issued to, a specific person under this section, for the purpose of verifying that the
17person possesses a valid registry identification card.
AB482,53,19
18(7) Rules. The department shall promulgate rules to implement this section,
19including the rules required under sub. (2) (c) and rules doing all of the following:
AB482,53,2020
(a) Creating forms for applications to be used under sub. (2).
AB482,53,2221
(b) Specifying how the department will verify the truthfulness of information
22
submitted on an application under sub. (2).
AB482,53,2423
(c) Specifying how and under what circumstances registry identification cards
24may be renewed.
AB482,54,2
1(d) Specifying how and under what changed circumstances a registry
2identification card may be revoked.
AB482,54,43
(e) Specifying under what circumstances an applicant whose application is
4denied may reapply.
AB482,54,85
(f) Listing each state, district, commonwealth, territory, or insular possession
6thereof that, by issuing an out-of-state registry identification card, allows the
7medical use of marijuana by a visiting qualifying patient or allows a person to assist
8with a visiting qualifying patient's medical use of marijuana.
AB482,54,129
(g) Creating guidelines for issuing registry identification cards, and for
10obtaining and distributing marijuana for the medical use of tetrahydrocannabinols,
11to persons under the care of the department who have a debilitating medical
12condition or treatment.
AB482,74
13Section
74. 146.81 (1) (L) of the statutes is amended to read:
AB482,54,1414
146.81
(1) (L) A hospice licensed under subch.
VI VII of ch. 50.
AB482,75
15Section
75. 146.997 (1) (d) 18. of the statutes is amended to read:
AB482,54,1616
146.997
(1) (d) 18. A hospice licensed under subch.
VI VII of ch. 50.
AB482,76
17Section
76. 289.33 (3) (d) of the statutes is amended to read:
AB482,55,1018
289.33
(3) (d) “Local approval" includes any requirement for a permit, license,
19authorization, approval, variance or exception or any restriction, condition of
20approval or other restriction, regulation, requirement or prohibition imposed by a
21charter ordinance, general ordinance, zoning ordinance, resolution or regulation by
22a town, city, village, county or special purpose district, including without limitation
23because of enumeration any ordinance, resolution or regulation adopted under s.
2491.73, 2007 stats., s. 59.03 (2), 59.11 (5), 59.42 (1), 59.48, 59.51 (1) and (2), 59.52 (2),
25(5), (6), (7), (8), (9), (11), (12), (13), (15), (16), (17), (18), (19), (20), (21), (22), (23), (24),
1(25), (26) and (27), 59.53 (1), (2), (3), (4), (5), (7), (8), (9), (11), (12), (13), (14), (15), (19),
2(20) and (23), 59.535 (2), (3) and (4), 59.54 (1), (2), (3), (4), (4m), (5), (6), (7), (8), (10),
3(11), (12), (16), (17), (18), (19), (20), (21), (22), (23), (24), (25)
(a), and (26), 59.55 (3),
4(4), (5) and (6), 59.56 (1), (2), (4), (5), (6), (7), (9), (10), (11), (12), (12m), (13) and (16),
559.57 (1), 59.58 (1) and (5), 59.62, 59.69, 59.692, 59.693, 59.696, 59.697, 59.698, 59.70
6(1), (2), (3), (5), (7), (8), (9), (10), (11), (21), (22) and (23), 59.79 (1), (2), (3), (5), (7), (8),
7and (10), 59.792 (2) and (3), 59.80, 59.82, 60.10, 60.22, 60.23, 60.54, 60.77, 61.34,
861.35, 61.351, 61.353, 61.354, 62.11, 62.23, 62.231, 62.233, 62.234, 66.0101, 66.0415,
987.30, 196.58, 200.11 (8), 236.45, 281.43 or 349.16, subch. VIII of ch. 60, or subch. III
10of ch. 91.
AB482,77
11Section
77. 340.01 (50m) (a) of the statutes is amended to read:
AB482,55,1312
340.01
(50m) (a) A controlled substance included in schedule I under ch. 961
13other than a tetrahydrocannabinol.
AB482,78
14Section
78. 340.01 (50m) (e) of the statutes is repealed.
AB482,79
15Section
79. 340.01 (66m) of the statutes is created to read:
AB482,55,1716
340.01
(66m) “Tetrahydrocannabinols concentration" has the meaning given
17in s. 23.33 (1) (k).
AB482,80
18Section
80. 343.10 (5) (a) 1. of the statutes is amended to read:
AB482,56,519
343.10
(5) (a) 1. In addition to any restrictions appearing on the former
20operator's license of the applicant, the occupational license shall contain definite
21restrictions as to hours of the day, not to exceed 12, hours per week, not to exceed 60,
22type of occupation and areas or routes of travel which are permitted under the
23license. The occupational license may permit travel to and from church during
24specified hours if the travel does not exceed the restrictions as to hours of the day and
25hours per week in this subdivision. The occupational license may permit travel
1necessary to comply with a driver safety plan ordered under s. 343.30 (1q) or 343.305
2if the travel does not exceed the restrictions as to hours of the day and hours per week
3in this subdivision. The occupational license may contain restrictions on the use of
4alcohol
, of tetracannabinols, and of controlled substances and controlled substance
5analogs in violation of s. 961.41.
AB482,81
6Section
81. 343.10 (5) (a) 2. of the statutes is amended to read:
AB482,56,117
343.10
(5) (a) 2. If the applicant has 2 or more convictions, suspensions or
8revocations, as counted under s. 343.307 (1), the occupational license shall prohibit
9the applicant from driving or operating a motor vehicle while he or she has an alcohol
10concentration of more than 0.0
or a tetrahydrocannabinols concentration of more
11than 0.0.
AB482,82
12Section
82. 343.12 (7) (a) 11. of the statutes is amended to read:
AB482,56,1513
343.12
(7) (a) 11. Operating a motor vehicle while under the legal drinking age
14with a prohibited alcohol concentration under s. 346.63 (2m)
or while under the legal
15age with a prohibited tetrahydrocannabinols concentration under s. 346.63 (2p).
AB482,83
16Section
83. 343.16 (2) (b) of the statutes is amended to read:
AB482,57,1517
343.16
(2) (b)
Specific requirements. The standards developed by the
18department under par. (c) shall provide that the examination for persons making
19their first application for an operator's license shall include, subject to sub. (3) (am),
20a test of the applicant's eyesight, ability to read and understand highway signs
21regulating, warning and directing traffic, knowledge of the traffic laws, including ss.
22346.072 and 346.26, understanding of fuel-efficient driving habits and the relative
23costs and availability of other modes of transportation, knowledge of the need for
24anatomical gifts and the ability to make an anatomical gift through the use of a donor
25card issued under s. 343.175 (2), and an actual demonstration of ability to exercise
1ordinary and reasonable control in the operation of a motor vehicle. The test of
2knowledge of the traffic laws shall include questions on the provisions of ss. 343.30
3(1q), 343.303 to 343.31 and 346.63 to 346.655, relating to the operation of a motor
4vehicle and the consumption of alcohol beverages
and tetrahydrocannabinols. The
5test of knowledge may also include questions on the social, medical and economic
6effects of alcohol and other drug abuse. The examination of applicants for
7authorization to operate `Class M' vehicles shall test an applicant's knowledge of
8Type 1 motorcycle safety, including proper eye protection to be worn during hours of
9darkness. The department may require persons changing their residence to this
10state from another jurisdiction and persons applying for a reinstated license after
11termination of a revocation period to take all or parts of the examination required
12of persons making their first application for an operator's license. Any applicant who
13is required to give an actual demonstration of ability to exercise ordinary and
14reasonable control in the operation of a motor vehicle shall furnish a representative
15vehicle in safe operating condition for use in testing ability.
AB482,84
16Section
84. 343.16 (5) (a) of the statutes is amended to read:
AB482,58,1517
343.16
(5) (a) The secretary may require any applicant for a license or any
18licensed operator to submit to a special examination by such persons or agencies as
19the secretary may direct to determine incompetency, physical or mental disability,
20disease, or any other condition that might prevent such applicant or licensed person
21from exercising reasonable and ordinary control over a motor vehicle. If the
22department requires the applicant to submit to an examination, the applicant shall
23pay for the examination. If the department receives an application for a renewal or
24duplicate license after voluntary surrender under s. 343.265 or receives a report from
25a physician, physician assistant, as defined in s. 448.01 (6), advanced practice nurse
1prescriber certified under s. 441.16 (2), or optometrist under s. 146.82 (3), or if the
2department has a report of 2 or more arrests within a one-year period for any
3combination of violations of s. 346.63 (1) or (5) or a local ordinance in conformity with
4s. 346.63 (1) or (5) or a law of a federally recognized American Indian tribe or band
5in this state in conformity with s. 346.63 (1) or (5), or s. 346.63 (1m), 1985 stats., or
6s. 346.63 (2) or (6) or 940.25, or s. 940.09 where the offense involved the use of a
7vehicle, the department shall determine, by interview or otherwise, whether the
8operator should submit to an examination under this section. The examination may
9consist of an assessment. If the examination indicates that education or treatment
10for a disability, disease
, or condition concerning the use of alcohol, a controlled
11substance or a controlled substance analog
, or tetrahydrocannabinols is appropriate,
12the department may order a driver safety plan in accordance with s. 343.30 (1q). If
13there is noncompliance with assessment or the driver safety plan, the department
14shall revoke the person's operating privilege in the manner specified in s. 343.30 (1q)
15(d).
AB482,85
16Section
85. 343.30 (1p) of the statutes is amended to read:
AB482,58,2317
343.30
(1p) Notwithstanding sub. (1), a court shall suspend the operating
18privilege of a person for 3 months upon the person's conviction by the court for
19violation of s. 346.63 (2m)
or (2p) or a local ordinance in conformity with s. 346.63
20(2m)
or (2p). If there was a minor passenger under 16 years of age in the motor
21vehicle at the time of the violation that gave rise to the conviction under s. 346.63
22(2m)
or (2p) or a local ordinance in conformity with s. 346.63 (2m)
or (2p), the court
23shall suspend the operating privilege of the person for 6 months.
AB482,86
24Section
86. 343.30 (1q) (h) of the statutes is amended to read:
AB482,59,10
1343.30
(1q) (h) The court or department shall provide that the period of
2suspension or revocation imposed under this subsection shall be reduced by any
3period of suspension or revocation previously served under s. 343.305 if the
4suspension or revocation under s. 343.305 and the conviction for violation of s. 346.63
5(1)
or, (2m)
, or (2p) or a local ordinance in conformity therewith arise out of the same
6incident or occurrence. The court or department shall order that the period of
7suspension or revocation imposed under this subsection run concurrently with any
8period of time remaining on a suspension or revocation imposed under s. 343.305
9arising out of the same incident or occurrence. The court may modify an occupational
10license authorized under s. 343.305 (8) (d) in accordance with this subsection.
AB482,87
11Section
87. 343.305 (2) of the statutes is amended to read:
AB482,59,2512
343.305
(2) Implied consent. Any person who is on duty time with respect to
13a commercial motor vehicle or drives or operates a motor vehicle upon the public
14highways of this state, or in those areas enumerated in s. 346.61, is deemed to have
15given consent to one or more tests of his or her breath, blood or urine, for the purpose
16of determining the presence or quantity in his or her blood or breath, of alcohol,
17tetrahydrocannabinols, controlled substances, controlled substance analogs or other
18drugs, or any combination of alcohol,
tetrahydrocannabinols, controlled substances,
19controlled substance analogs and other drugs, when requested to do so by a law
20enforcement officer under sub. (3) (a) or (am) or when required to do so under sub.
21(3) (ar) or (b). Any such tests shall be administered upon the request of a law
22enforcement officer. The law enforcement agency by which the officer is employed
23shall be prepared to administer, either at its agency or any other agency or facility,
242 of the 3 tests under sub. (3) (a), (am), or (ar), and may designate which of the tests
25shall be administered first.
AB482,88
1Section
88. 343.305 (3) (a) of the statutes is amended to read:
AB482,60,82
343.305
(3) (a) Upon arrest of a person for violation of s. 346.63 (1), (2m)
, (2p), 3or (5) or a local ordinance in conformity therewith, or for a violation of s. 346.63 (2)
4or (6) or 940.25, or s. 940.09 where the offense involved the use of a vehicle, or upon
5arrest subsequent to a refusal under par. (ar), a law enforcement officer may request
6the person to provide one or more samples of his or her breath, blood or urine for the
7purpose specified under sub. (2). Compliance with a request for one type of sample
8does not bar a subsequent request for a different type of sample.
AB482,89
9Section
89. 343.305 (3) (am) of the statutes is amended to read:
AB482,60,1910
343.305
(3) (am) Prior to arrest, a law enforcement officer may request the
11person to provide one or more samples of his or her breath, blood or urine for the
12purpose specified under sub. (2) whenever a law enforcement officer detects any
13presence of alcohol,
tetrahydrocannabinols, a controlled substance, a controlled
14substance analog or other drug, or a combination thereof, on a person driving or
15operating or on duty time with respect to a commercial motor vehicle or has reason
16to believe the person is violating or has violated s. 346.63 (7). Compliance with a
17request for one type of sample does not bar a subsequent request for a different type
18of sample. For the purposes of this paragraph, “law enforcement officer" includes
19inspectors in the performance of duties under s. 110.07 (3).
AB482,90
20Section
90. 343.305 (3) (ar) 1. of the statutes is amended to read:
AB482,61,721
343.305
(3) (ar) 1. If a person is the operator of a vehicle that is involved in an
22accident that causes substantial bodily harm, as defined in s. 939.22 (38), to any
23person, and a law enforcement officer detects any presence of alcohol,
24tetrahydrocannabinols, a controlled substance, a controlled substance analog or
25other drug, or a combination thereof, the law enforcement officer may request the
1operator to provide one or more samples of his or her breath, blood, or urine for the
2purpose specified under sub. (2). Compliance with a request for one type of sample
3does not bar a subsequent request for a different type of sample. A person who is
4unconscious or otherwise not capable of withdrawing consent is presumed not to
5have withdrawn consent under this subdivision and one or more samples specified
6in par. (a) or (am) may be administered to the person. If a person refuses to take a
7test under this subdivision, he or she may be arrested under par. (a).
AB482,91
8Section
91. 343.305 (3) (b) of the statutes is amended to read:
AB482,61,189
343.305
(3) (b) A person who is unconscious or otherwise not capable of
10withdrawing consent is presumed not to have withdrawn consent under this
11subsection, and if a law enforcement officer has probable cause to believe that the
12person has violated s. 346.63 (1), (2m)
, (2p), or (5) or a local ordinance in conformity
13therewith, or s. 346.63 (2) or (6) or 940.25, or s. 940.09 where the offense involved the
14use of a vehicle, or detects any presence of alcohol,
tetrahydrocannabinols, controlled
15substance, controlled substance analog or other drug, or a combination thereof, on
16a person driving or operating or on duty time with respect to a commercial motor
17vehicle or has reason to believe the person has violated s. 346.63 (7), one or more
18samples specified in par. (a) or (am) may be administered to the person.
AB482,92
19Section
92. 343.305 (5) (b) of the statutes is amended to read:
AB482,62,420
343.305
(5) (b) Blood may be withdrawn from the person arrested for violation
21of s. 346.63 (1), (2), (2m),
(2p), (5), or (6) or 940.25, or s. 940.09 where the offense
22involved the use of a vehicle, or a local ordinance in conformity with s. 346.63 (1),
23(2m),
(2p), or (5), or as provided in sub. (3) (am) or (b) to determine the presence or
24quantity of alcohol,
tetrahydrocannabinols, a controlled substance, a controlled
25substance analog, or any other drug, or any combination of alcohol, controlled
1substance, controlled substance analog, and any other drug in the blood only by a
2physician, registered nurse, medical technologist, physician assistant, phlebotomist,
3or other medical professional who is authorized to draw blood, or person acting under
4the direction of a physician.
AB482,93
5Section
93. 343.305 (5) (d) of the statutes is amended to read:
AB482,63,36
343.305
(5) (d) At the trial of any civil or criminal action or proceeding arising
7out of the acts committed by a person alleged to have been driving or operating a
8motor vehicle while under the influence of an intoxicant, a controlled substance, a
9controlled substance analog or any other drug, or under the influence of any
10combination of alcohol,
tetrahydrocannabinols, a controlled substance, a controlled
11substance analog and any other drug, to a degree which renders him or her incapable
12of safely driving, or under the combined influence of an intoxicant and any other drug
13to a degree which renders him or her incapable of safely driving, or having a
14prohibited alcohol
or tetrahydrocannabinols concentration, or alleged to have been
15driving or operating or on duty time with respect to a commercial motor vehicle while
16having an alcohol concentration above 0.0 or possessing an intoxicating beverage,
17regardless of its alcohol content, or within 4 hours of having consumed or having been
18under the influence of an intoxicating beverage, regardless of its alcohol content, or
19of having an alcohol concentration of 0.04 or more, the results of a test administered
20in accordance with this section are admissible on the issue of whether the person was
21under the influence of an intoxicant, a controlled substance, a controlled substance
22analog or any other drug, or under the influence of any combination of alcohol,
23tetrahydrocannabinols, a controlled substance, a controlled substance analog and
24any other drug, to a degree which renders him or her incapable of safely driving or
25under the combined influence of an intoxicant and any other drug to a degree which
1renders him or her incapable of safely driving or any issue relating to the person's
2alcohol concentration. Test results shall be given the effect required under s.
3885.235.
AB482,94
4Section
94. 343.305 (5) (dm) of the statutes is created to read:
AB482,63,105
343.305
(5) (dm) At the trial of any civil or criminal action or proceeding arising
6out of the acts committed by a person alleged to have been driving or operating a
7motor vehicle while having a tetrahydrocannabinols concentration at or above
8specified levels, the results of a blood test administered in accordance with this
9section are admissible on any issue relating to the tetrahydrocannabinols
10concentration. Test results shall be given the effect required under s. 885.235.
AB482,95
11Section
95. 343.305 (7) (a) of the statutes is amended to read:
AB482,63,1712
343.305
(7) (a) If a person submits to chemical testing administered in
13accordance with this section and any test results indicate the presence of a detectable
14amount of a restricted controlled substance in the person's blood or a prohibited
15alcohol
or tetrahydrocannabinols concentration, the law enforcement officer shall
16report the results to the department. The person's operating privilege is
17administratively suspended for 6 months.
AB482,96
18Section
96. 343.305 (8) (b) 2. bm. of the statutes is amended to read:
AB482,63,2119
343.305
(8) (b) 2. bm. Whether the person had a prohibited alcohol
or
20tetrahydrocannabinols concentration or a detectable amount of a restricted
21controlled substance in his or her blood at the time the offense allegedly occurred.
AB482,97
22Section
97. 343.305 (8) (b) 2. d. of the statutes is amended to read:
AB482,64,223
343.305
(8) (b) 2. d. If one or more tests were administered in accordance with
24this section, whether each of the test results for those tests indicate the person had
1a prohibited alcohol
or tetrahydrocannabinols concentration or a detectable amount
2of a restricted controlled substance in his or her blood.
AB482,98
3Section
98. 343.305 (8) (b) 4m. a. of the statutes is amended to read:
AB482,64,84
343.305
(8) (b) 4m. a. A blood test administered in accordance with this section
5indicated that the person had a detectable amount of methamphetamine
, or 6gamma-hydroxybutyric acid
, or delta-9-tetrahydrocannabinol or a prohibited
7tetrahydrocannabinols concentration but did not have a detectable amount of any
8other restricted controlled substance in his or her blood.
AB482,99
9Section
99. 343.305 (8) (b) 5. b. of the statutes is amended to read:
AB482,64,1210
343.305
(8) (b) 5. b. The person did not have a prohibited alcohol
or
11tetrahydrocannabinols concentration or a detectable amount of a restricted
12controlled substance in his or her blood at the time the offense allegedly occurred.
AB482,100
13Section
100. 343.305 (8) (b) 6. b. of the statutes is amended to read:
AB482,64,1614
343.305
(8) (b) 6. b. The person had a prohibited alcohol
or
15tetrahydrocannabinols concentration or a detectable amount of a restricted
16controlled substance in his or her blood at the time the offense allegedly occurred.
AB482,101
17Section
101. 343.305 (9) (a) 5. a. of the statutes is amended to read:
AB482,65,518
343.305
(9) (a) 5. a. Whether the officer had probable cause to believe the
19person was driving or operating a motor vehicle while under the influence of alcohol,
20tetrahydrocannabinols, a controlled substance or a controlled substance analog or
21any combination of alcohol,
tetrahydrocannabinols, a controlled substance and a
22controlled substance analog, under the influence of any other drug to a degree which
23renders the person incapable of safely driving, or under the combined influence of
24alcohol and any other drug to a degree which renders the person incapable of safely
25driving, having a restricted controlled substance in his or her blood, or having a
1prohibited alcohol
or tetrahydrocannabinols concentration or, if the person was
2driving or operating a commercial motor vehicle, an alcohol concentration of 0.04 or
3more and whether the person was lawfully placed under arrest for violation of s.
4346.63 (1), (2m) or (5) or a local ordinance in conformity therewith or s. 346.63 (2) or
5(6), 940.09 (1) or 940.25.
AB482,102
6Section
102. 343.305 (9) (am) 5. a. of the statutes is amended to read:
AB482,65,107
343.305
(9) (am) 5. a. Whether the officer detected any presence of alcohol,
8tetrahydrocannabinols, controlled substance, controlled substance analog or other
9drug, or a combination thereof, on the person or had reason to believe that the person
10was violating or had violated s. 346.63 (7).
AB482,103
11Section
103. 343.305 (9) (am) 5. c. of the statutes is amended to read:
AB482,65,1712
343.305
(9) (am) 5. c. Whether the person refused to permit the test. The person
13shall not be considered to have refused the test if it is shown by a preponderance of
14evidence that the refusal was due to a physical inability to submit to the test due to
15a physical disability or disease unrelated to the use of alcohol,
16tetrahydrocannabinols, controlled substances, controlled substance analogs or other
17drugs.
AB482,104
18Section
104. 343.305 (9) (d) of the statutes is amended to read:
AB482,66,219
343.305
(9) (d) At the close of the hearing, or within 5 days thereafter, the court
20shall determine the issues under par. (a) 5. or (am) 5. If all issues are determined
21adversely to the person, the court shall proceed under sub. (10). If one or more of the
22issues is determined favorably to the person, the court shall order that no action be
23taken on the operating privilege on account of the person's refusal to take the test in
24question. This section does not preclude the prosecution of the person for violation
1of s. 346.63 (1), (2m),
(2p), (5) or (7) or a local ordinance in conformity therewith, or
2s. 346.63 (2) or (6), 940.09 (1) or 940.25.
AB482,105
3Section
105. 343.305 (10) (em) of the statutes is amended to read: