LRBs0047/4
MGD&CTS:wlj:pg
2005 - 2006 LEGISLATURE
SENATE SUBSTITUTE AMENDMENT 1,
TO 2005 SENATE BILL 78
April 1, 2005 - Offered by Committee on Health, Children, Families, Aging and
Long Term Care.
SB78-SSA1,1,12
1An Act to renumber 961.22 (3) (a), 961.437, 961.49, 961.61 and 961.62;
to
2renumber and amend 961.46;
to amend 101.10 (title), 101.10 (3) (e), 895.555
3(title), 895.555 (1), 938.34 (14s) (am) (intro.), 939.62 (2m) (a) 2m. d., 939.62 (2m)
4(d), 961.23 (1), 961.23 (2), 961.23 (3), 961.23 (4), 961.23 (5), 961.41 (1r), 961.49
5(title) and 973.01 (2) (c) 2. a.; and
to create 101.10 (3) (f), 111.335 (1) (cs) 5.,
6125.12 (2) (ag) 5m., 125.12 (2) (ag) 6m., 125.12 (4) (ag) 7m., 125.12 (4) (ag) 8m.,
7939.32 (1) (g), 939.62 (2m) (a) 2m. am., 961.01 (14f), 961.01 (17m), 961.01 (20c),
8961.01 (20d), 961.01 (20e), 961.22 (3) (am), 961.23 (6), 961.23 (8), 961.235,
9961.452, 961.46 (2), 961.49 (2m), 961.63, 961.65, 973.017 (8) (a) 3. and 973.017
10(8) (c) of the statutes;
relating to: pseudoephedrine and other materials used
11to produce methamphetamine, the distribution of methamphetamine to
12minors, and providing penalties.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
SB78-SSA1, s. 1
1Section
1. 101.10 (title) of the statutes is amended to read:
SB78-SSA1,2,3
2101.10 (title)
Storage and handling of anhydrous ammonia; theft of
3liquid nitrogen, anhydrous ammonia, and anhydrous ammonia equipment.
SB78-SSA1, s. 2
4Section
2. 101.10 (3) (e) of the statutes is amended to read:
SB78-SSA1,2,95
101.10
(3) (e) Intentionally take, carry away, use, conceal, or retain possession
6of
liquid nitrogen, anhydrous ammonia
belonging to another, or anhydrous ammonia
7equipment belonging to another, without the other's consent and with intent to
8deprive the owner permanently of possession of the
liquid nitrogen, anhydrous
9ammonia
, or anhydrous ammonia equipment.
SB78-SSA1, s. 3
10Section
3. 101.10 (3) (f) of the statutes is created to read:
SB78-SSA1,2,1411
101.10
(3) (f) Intentionally release or allow the escape of anhydrous ammonia
12belonging to another into the atmosphere. This paragraph does not apply if the
13owner has authorized the actor to exercise control over the anhydrous ammonia or
14has consented to its release.
SB78-SSA1, s. 4
15Section
4. 111.335 (1) (cs) 5. of the statutes is created to read:
SB78-SSA1,2,1816
111.335
(1) (cs) 5. Possessing any of the materials listed in s. 961.65 with intent
17to manufacture methamphetamine under that subsection or under a federal law or
18a law of another state that is substantially similar to s. 961.65.
SB78-SSA1, s. 5
19Section
5. 125.12 (2) (ag) 5m. of the statutes is created to read:
SB78-SSA1,2,2320
125.12
(2) (ag) 5m. The person has been convicted of possessing any of the
21materials listed in s. 961.65 with intent to manufacture methamphetamine under
22that subsection or under a federal law or a law of another state that is substantially
23similar to s. 961.65.
SB78-SSA1, s. 6
24Section
6. 125.12 (2) (ag) 6m. of the statutes is created to read:
SB78-SSA1,3,3
1125.12
(2) (ag) 6m. The person knowingly allows another person, who is on the
2premises for which the license under this chapter is issued, to possess any of the
3materials listed in s. 961.65 with the intent to manufacture methamphetamine.
SB78-SSA1, s. 7
4Section
7. 125.12 (4) (ag) 7m. of the statutes is created to read:
SB78-SSA1,3,85
125.12
(4) (ag) 7m. That the licensee has been convicted of possessing any of
6the materials listed in s. 961.65 with intent to manufacture methamphetamine
7under that subsection or under a federal law or a law of another state that is
8substantially similar to s. 961.65.
SB78-SSA1, s. 8
9Section
8. 125.12 (4) (ag) 8m. of the statutes is created to read:
SB78-SSA1,3,1210
125.12
(4) (ag) 8m. That the licensee knowingly allows another person, who is
11on the premises for which the license under this chapter is issued, to possess any of
12the materials listed in s. 961.65 with the intent to manufacture methamphetamine.
SB78-SSA1, s. 9
13Section
9. 895.555 (title) of the statutes is amended to read:
SB78-SSA1,3,15
14895.555 (title)
Liability exemption; anhydrous ammonia and liquid
15nitrogen.
SB78-SSA1,3,2317
895.555
(1) Liability exemption. Except as provided under sub. (2), any person
18who owns, maintains, or installs anhydrous ammonia equipment, as defined in s.
19101.10 (1) (b), or who uses anhydrous ammonia
or liquid nitrogen for any legal
20purpose is immune from any civil liability for acts or omissions relating to the
21anhydrous ammonia equipment or to anhydrous ammonia
or liquid nitrogen that
22cause damage or injury to an individual, if that damage or injury occurs during the
23individual's violation of s. 101.10 (3) (c), (d),
or (e)
, or (f).
SB78-SSA1, s. 11
24Section
11. 938.34 (14s) (am) (intro.) of the statutes is amended to read:
SB78-SSA1,4,3
1938.34
(14s) (am) (intro.) In addition to any other dispositions imposed under
2this section, if the juvenile is found to have violated s. 961.41 (1) or (1m)
or 961.65,
3the court shall order one of the following penalties:
SB78-SSA1, s. 12
4Section
12. 939.32 (1) (g) of the statutes is created to read:
SB78-SSA1,4,65
939.32
(1) (g) Whoever attempts to commit a crime under s. 101.10 (3) (e) is
6subject to the penalty for the completed act, as provided in s. 101.10 (4) (b).
SB78-SSA1, s. 13
7Section
13. 939.62 (2m) (a) 2m. am. of the statutes is created to read:
SB78-SSA1,4,88
939.62
(2m) (a) 2m. am. A crime under s. 961.65.
SB78-SSA1, s. 14
9Section
14. 939.62 (2m) (a) 2m. d. of the statutes is amended to read:
SB78-SSA1,4,1210
939.62
(2m) (a) 2m. d. A crime at any time under federal law or the law of any
11other state or, prior to April 28, 1994, under the law of this state that is comparable
12to a crime specified in subd. 2m. a.,
am., b.
, or c.
SB78-SSA1, s. 15
13Section
15. 939.62 (2m) (d) of the statutes is amended to read:
SB78-SSA1,4,1914
939.62
(2m) (d) If a prior conviction is being considered as being covered under
15par. (a) 1m. b.
, or 2m. d. as comparable to a felony specified under par. (a) 1m. a. or
162m. a.,
am., b.
, or c., the conviction may be counted as a prior conviction under par.
17(b) only if the court determines, beyond a reasonable doubt, that the violation
18relating to that conviction would constitute a felony specified under par. (a) 1m. a.
19or 2m. a.,
am., b.
, or c. if committed by an adult in this state.
SB78-SSA1,4,2421
961.01
(14f) "Methamphetamine precursor" means any material, compound,
22mixture, or preparation that contains any quantity of ephedrine or pseudoephedrine
23or any of their salts, isomers, and salts of isomers but does not include a product to
24which sub. (20c) (a) or (b) applies.
SB78-SSA1,5,2
1961.01
(17m) "Pharmacy assistant" means a person working under the
2supervision of a pharmacist.
SB78-SSA1,5,64
961.01
(20c) "Pseudoephedrine" does not include a product containing the
5chemical pseudoephedrine or any of its salts, isomers, or salts of isomers if any of the
6following applies:
SB78-SSA1,5,97
(a) The product is a pseudoephedrine liquid or gelcap. This paragraph does not
8apply if the package containing the product contains more than 360 milligrams of the
9chemical pseudoephedrine or any of its salts, isomers, or salts of isomers.
SB78-SSA1,5,1110
(b) The controlled substances board has determined, by rule, that the product
11cannot be readily used in the manufacture of methamphetamine.
SB78-SSA1,5,1513
961.01
(20d) "Pseudoephedrine gelcap" means a soft gelatin capsule that is
14intended to be sold at retail and that contains 360 milligrams or less of the chemical
15pseudoephedrine or any of its salts, isomers, or salts of isomers.
SB78-SSA1,5,2017
961.01
(20e) "Pseudoephedrine liquid" means a product that is intended to be
18sold at retail, that is a liquid at room temperature, and that contains 360 milligrams
19or less of the chemical pseudoephedrine or any of its salts, isomers, or salts of
20isomers.
SB78-SSA1, s. 21
21Section
21. 961.22 (3) (a) of the statutes is renumbered 961.22 (3) (b).
SB78-SSA1, s. 22
22Section
22. 961.22 (3) (am) of the statutes is created to read:
