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Date of enactment: June 7, 2005
2005 Senate Bill 78 Date of publication*: June 21, 2005
* Section 991.11, Wisconsin Statutes 2003-04 : Effective date of acts. "Every act and every portion of an act enacted by the legislature over the governor's partial veto which does not expressly prescribe the time when it takes effect shall take effect on the day after its date of publication as designated" by the secretary of state [the date of publication may not be more than 10 working days after the date of enactment].
2005 WISCONSIN ACT 14
An Act to renumber 961.437, 961.49, 961.61 and 961.62; to renumber and amend 450.07 (4) (b); to amend 101.10 (title), 895.555 (1), 938.34 (14s) (am) (intro.), 939.62 (2m) (a) 2m. d., 939.62 (2m) (d), 961.11 (6) (a), 961.22 (3) (title), 961.23 (1), 961.23 (2), 961.23 (3), 961.23 (4), 961.23 (5) and 961.49 (title); and to create 101.10 (3) (f), 111.335 (1) (cs) 5., 125.12 (2) (ag) 5m., 125.12 (2) (ag) 6m., 125.12 (4) (ag) 7m., 125.12 (4) (ag) 8m., 450.07 (4) (b) 1., 450.07 (4) (b) 2., 939.32 (1) (g), 939.62 (2m) (a) 2m. am., 961.01 (11t), 961.01 (12t), 961.01 (20c), 961.01 (20e), 961.22 (2m), 961.23 (6), 961.23 (8), 961.235, 961.41 (3j), 961.452, 961.453, 961.49 (2m), 961.65, 973.017 (8) (a) 3. and 973.017 (8) (c) of the statutes; relating to: pseudoephedrine and other materials used to produce methamphetamine and rules regarding the storage of drugs and drug products and providing penalties.
The people of the state of Wisconsin, represented in senate and assembly, do enact as follows:
14,1 Section 1. 101.10 (title) of the statutes is amended to read:
101.10 (title) Storage and handling of anhydrous ammonia; theft of anhydrous ammonia and anhydrous ammonia equipment.
14,2 Section 2. 101.10 (3) (f) of the statutes is created to read:
101.10 (3) (f) Intentionally release or allow the escape of anhydrous ammonia belonging to another into the atmosphere. This paragraph does not apply if the owner has authorized the actor to exercise control over the anhydrous ammonia or has consented to its release.
14,3 Section 3. 111.335 (1) (cs) 5. of the statutes is created to read:
111.335 (1) (cs) 5. Possessing any of the materials listed in s. 961.65 with intent to manufacture methamphetamine under that section or under a federal law or a law of another state that is substantially similar to s. 961.65.
14,4 Section 4. 125.12 (2) (ag) 5m. of the statutes is created to read:
125.12 (2) (ag) 5m. The person has been convicted of possessing any of the materials listed in s. 961.65 with intent to manufacture methamphetamine under that subsection or under a federal law or a law of another state that is substantially similar to s. 961.65.
14,5 Section 5. 125.12 (2) (ag) 6m. of the statutes is created to read:
125.12 (2) (ag) 6m. The person knowingly allows another person, who is on the premises for which the license under this chapter is issued, to possess any of the materials listed in s. 961.65 with the intent to manufacture methamphetamine.
14,6 Section 6. 125.12 (4) (ag) 7m. of the statutes is created to read:
125.12 (4) (ag) 7m. That the licensee has been convicted of possessing any of the materials listed in s. 961.65 with intent to manufacture methamphetamine under that section or under a federal law or a law of another state that is substantially similar to s. 961.65.
14,7 Section 7. 125.12 (4) (ag) 8m. of the statutes is created to read:
125.12 (4) (ag) 8m. That the licensee knowingly allows another person, who is on the premises for which the license under this chapter is issued, to possess any of the materials listed in s. 961.65 with the intent to manufacture methamphetamine.
14,8 Section 8. 450.07 (4) (b) of the statutes is renumbered 450.07 (4) (b) (intro.) and amended to read:
450.07 (4) (b) (intro.) The board shall adopt rules prescribing minimum standards for manufacturing and distributing drugs. Rules adopted under this paragraph may not impose requirements regarding the storage of a controlled substance in a safe, a steel cabinet, a vault, or any other secure storage compartment, area, room, or building unless one of the following applies:
14,9 Section 9. 450.07 (4) (b) 1. of the statutes is created to read:
450.07 (4) (b) 1. The controlled substance is included in schedule I, II, III, or IV under ch. 961.
14,10 Section 10. 450.07 (4) (b) 2. of the statutes is created to read:
450.07 (4) (b) 2. The controlled substance is also a controlled substance under federal law.
14,11 Section 11. 895.555 (1) of the statutes is amended to read:
895.555 (1) Liability exemption. Except as provided under sub. (2), any person who owns, maintains, or installs anhydrous ammonia equipment, as defined in s. 101.10 (1) (b), or who uses anhydrous ammonia for any legal purpose is immune from any civil liability for acts or omissions relating to the anhydrous ammonia equipment or to anhydrous ammonia that cause damage or injury to an individual, if that damage or injury occurs during the individual's violation of s. 101.10 (3) (c), (d), or (e), or (f).
14,12 Section 12. 938.34 (14s) (am) (intro.) of the statutes is amended to read:
938.34 (14s) (am) (intro.) In addition to any other dispositions imposed under this section, if the juvenile is found to have violated s. 961.41 (1) or (1m) or 961.65, the court shall order one of the following penalties:
14,13 Section 13. 939.32 (1) (g) of the statutes is created to read:
939.32 (1) (g) Whoever attempts to commit a crime under s. 101.10 (3) (e) is subject to the penalty for the completed act, as provided in s. 101.10 (4) (b).
14,14 Section 14. 939.62 (2m) (a) 2m. am. of the statutes is created to read:
939.62 (2m) (a) 2m. am. A crime under s. 961.65.
14,15 Section 15. 939.62 (2m) (a) 2m. d. of the statutes is amended to read:
939.62 (2m) (a) 2m. d. A crime at any time under federal law or the law of any other state or, prior to April 28, 1994, under the law of this state that is comparable to a crime specified in this subd. 2m. a., am., b., or c.
14,16 Section 16. 939.62 (2m) (d) of the statutes is amended to read:
939.62 (2m) (d) If a prior conviction is being considered as being covered under par. (a) 1m. b. or 2m. d. as comparable to a felony specified under par. (a) 1m. a. or 2m. a., am., b., or c., the conviction may be counted as a prior conviction under par. (b) only if the court determines, beyond a reasonable doubt, that the violation relating to that conviction would constitute a felony specified under par. (a) 1m. a. or 2m. a., am., b., or c. if committed by an adult in this state.
14,17 Section 17. 961.01 (11t) of the statutes is created to read:
961.01 (11t) "Ephedrine product" means any material, compound, mixture, or preparation that contains any quantity of ephedrine or any of its salts, isomers, and salts of isomers.
14,18 Section 18. 961.01 (12t) of the statutes is created to read:
961.01 (12t) "Liquid-filled pseudoephedrine gelcap" means a soft, liquid-filled gelatin capsule that is intended to be sold at retail and that contains pseudoephedrine or any of its salts, isomers, or salts of isomers.
14,19 Section 19. 961.01 (20c) of the statutes is created to read:
961.01 (20c) "Pseudoephedrine product" means a material, compound, mixture, or preparation containing any quantity of pseudoephedrine or any of its salts, isomers, or salts of isomers but does not include such a product if any of the following applies:
(a) The product is a pseudoephedrine liquid or a liquid-filled pseudoephedrine gelcap. This paragraph does not apply if the controlled substances board has determined, by rule, that the product can be readily used in the manufacture of methamphetamine.
(b) The controlled substances board has determined, by rule, that the product cannot be readily used in the manufacture of methamphetamine.
14,20 Section 20. 961.01 (20e) of the statutes is created to read:
961.01 (20e) "Pseudoephedrine liquid" means a product that is intended to be sold at retail, that is a liquid at room temperature, and that contains pseudoephedrine or any of its salts, isomers, or salts of isomers.
14,21 Section 21. 961.11 (6) (a) of the statutes is amended to read:
961.11 (6) (a) The controlled substances board shall not have authority to control a nonnarcotic substance if the substance may, under the federal food, drug and cosmetic act and the laws of this state, be lawfully sold over the counter without a prescription. This paragraph does not apply to the promulgation of rules by the controlled substances board under s. 961.01 (20c).
14,22 Section 22. 961.22 (2m) of the statutes is created to read:
961.22 (2m) Pseudoephedrine. Any pseudoephedrine product.
14,23 Section 23. 961.22 (3) (title) of the statutes is amended to read:
961.22 (3) (title) Stimulants Other stimulants.
14,24 Section 24. 961.23 (1) of the statutes is amended to read:
961.23 (1) That they They may be dispensed and sold only in good faith as a medicine, and not for the purpose of evading this chapter.
14,25 Section 25. 961.23 (2) of the statutes is amended to read:
961.23 (2) That they They may be sold at retail only by a registered pharmacist or, if the substance is a pseudoephedrine product, by a person who is working under the direction of a registered pharmacist when sold in a retail establishment.
14,26 Section 26. 961.23 (3) of the statutes is amended to read:
961.23 (3) That, when When sold in a retail establishment, they shall bear the name and address of the establishment on the immediate container of said preparation.
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