LRBs0158/3
JEO:kaf:hmh
1997 - 1998 LEGISLATURE
ASSEMBLY SUBSTITUTE AMENDMENT 1,
TO 1997 ASSEMBLY BILL 215
August 5, 1997 - Offered by Representative Underheim.
AB215-ASA1,1,3 1An Act to amend 346.935 (1), 346.935 (2), 346.935 (3) and 346.935 (4) (b); and
2to create 134.63 and 941.315 of the statutes; relating to: nitrous oxide and
3providing penalties.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
AB215-ASA1, s. 1 4Section 1. 134.63 of the statutes is created to read:
AB215-ASA1,1,6 5134.63 Nitrous oxide; restrictions on sales; records of certain sales;
6labeling.
(1) In this section:
AB215-ASA1,1,87 (a) "Deliver" or "delivery" means the actual, constructive or attempted transfer
8of nitrous oxide or a nitrous oxide container from one person to another.
AB215-ASA1,1,109 (b) "Nitrous oxide container" means any compressed gas container that
10contains food or pharmaceutical grade nitrous oxide as its principal ingredient.
AB215-ASA1,2,3
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-ASA1,2,64 (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-ASA1,2,107 (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-ASA1,2,18 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-ASA1,2,2219 (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-ASA1,3,223 (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-ASA1,3,53 (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-ASA1,3,11 6(4) (a) No person may deliver a cartridge of nitrous oxide to another unless the
7cartridge has affixed to it a label setting forth in clearly legible and conspicuous form
8the following warning: "Nitrous oxide cartridges are to be used only for purposes of
9preparing food. Nitrous oxide cartridges may not be sold to persons under the age
10of 21. Do not inhale the contents of this cartridge. Misuse of nitrous oxide can be
11dangerous to your health."
AB215-ASA1,3,1512 (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-ASA1, s. 2 16Section 2. 346.935 (1) of the statutes is amended to read:
AB215-ASA1,3,1817 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-ASA1, s. 3 19Section 3. 346.935 (2) of the statutes is amended to read:
AB215-ASA1,3,2420 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-ASA1, s. 4 25Section 4. 346.935 (3) of the statutes is amended to read:
AB215-ASA1,4,10
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-ASA1, s. 5 11Section 5. 346.935 (4) (b) of the statutes is amended to read:
AB215-ASA1,4,1812 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-ASA1, s. 6 19Section 6. 941.315 of the statutes is created to read:
AB215-ASA1,4,21 20941.315 Possession, distribution or delivery of nitrous oxide. (1) In this
21section:
AB215-ASA1,4,2322 (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-ASA1,4,2424 (b) "Distribute" means to deliver, other than by administering or dispensing.
AB215-ASA1,4,25 25(2) Whoever does any of the following is guilty of a Class A misdemeanor:
AB215-ASA1,5,2
1(a) Possesses nitrous oxide or a substance containing nitrous oxide with the
2intent to inhale the nitrous oxide.
AB215-ASA1,5,33 (b) Intentionally or otherwise inhales nitrous oxide.
AB215-ASA1,5,4 4(3) Whoever does any of the following is guilty of a Class D felony:
AB215-ASA1,5,65 (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-ASA1,5,107 (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-ASA1,5,1411 (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-ASA1,5,17 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-ASA1,5,2018 (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-ASA1,5,2321 (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-ASA1, s. 7 24Section 7. Initial applicability.
AB215-ASA1,6,3
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.
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