AB220,97,128
350.11
(3) (a) 2. Except as provided under subd. 3., a person who violates s.
9350.101 (1) (a), (b),
(bg), or (bm) or 350.104 (5) and who, within 5 years prior to the
10arrest for the current violation, was convicted previously under the intoxicated
11snowmobiling law or the refusal law shall be fined not less than $300 nor more than
12$1,000 and shall be imprisoned not less than 5 days nor more than 6 months.
AB220,186
13Section 186
. 350.11 (3) (a) 3. of the statutes is amended to read:
AB220,97,1814
350.11
(3) (a) 3. A person who violates s. 350.101 (1) (a), (b),
(bg), or (bm) or
15350.104 (5) and who, within 5 years prior to the arrest for the current violation, was
16convicted 2 or more times previously under the intoxicated snowmobiling law or
17refusal law shall be fined not less than $600 nor more than $2,000 and shall be
18imprisoned not less than 30 days nor more than one year in the county jail.
AB220,187
19Section 187
. 350.11 (3) (a) 4. of the statutes is amended to read:
AB220,97,2120
350.11
(3) (a) 4. A person who violates s. 350.101 (1) (c)
or (cg) or 350.104 (5)
21and who has not attained the age of 19 shall forfeit not more than $50.
AB220,188
22Section 188
. 350.11 (3) (d) of the statutes is amended to read:
AB220,98,723
350.11
(3) (d)
Alcohol, controlled substances or controlled substance analogs,
24or tetrahydrocannabinols; assessment. In addition to any other penalty or order, a
25person who violates s. 350.101 (1) or (2) or 350.104 (5) or who violates s. 940.09 or
1940.25 if the violation involves the operation of a snowmobile, shall be ordered by the
2court to submit to and comply with an assessment by an approved public treatment
3facility for an examination of the person's use of alcohol, controlled substances or
4controlled substance analogs
, or tetrahydrocannabinols. The assessment order shall
5comply with s. 343.30 (1q) (c) 1. a. to c. Intentional failure to comply with an
6assessment ordered under this paragraph constitutes contempt of court, punishable
7under ch. 785.
AB220,189
8Section 189
. 609.83 of the statutes is amended to read:
AB220,98,11
9609.83 Coverage of drugs and devices. Limited service health
10organizations, preferred provider plans, and defined network plans are subject to ss.
11632.853 and 632.895
(16p) and (16t).
AB220,190
12Section 190
. 632.895 (16p) of the statutes is created to read:
AB220,98,1413
632.895
(16p) Medical use of marijuana. (a) In this subsection, “medical use
14of tetrahydrocannabinols” has the meaning given in s. 50.80 (4).
AB220,98,1915
(b) Every disability insurance policy and every self-insured health plan of the
16state or of a county, city, town, village, or school district that provides coverage of
17prescription drugs and devices shall provide coverage for the medical use of
18tetrahydrocannabinols in accordance with subch. VI of ch. 50 and any equipment or
19supplies necessary for the medical use of tetrahydrocannabinols.
AB220,98,2220
(c) Coverage under par. (b) may be subject only to the exclusions, limitations,
21and cost-sharing provisions that apply generally to the coverage of prescription
22drugs or devices that is provided under the policy or self-insured health plan.
AB220,191
23Section 191
. 767.41 (5) (am) (intro.) of the statutes is amended to read:
AB220,99,424
767.41
(5) (am) (intro.) Subject to pars. (bm)
and, (c),
and (d), in determining
25legal custody and periods of physical placement, the court shall consider all facts
1relevant to the best interest of the child. The court may not prefer one parent or
2potential custodian over the other on the basis of the sex or race of the parent or
3potential custodian. Subject to pars. (bm)
and, (c),
and (d), the court shall consider
4the following factors in making its determination:
AB220,192
5Section 192
. 767.41 (5) (d) of the statutes is created to read:
AB220,99,126
767.41
(5) (d) The court may not consider as a factor in determining the legal
7custody of a child whether a parent or potential custodian holds or has applied for
8a registry identification card, as defined in s. 146.44 (1) (h), is or has been the subject
9of a written certification, as defined in s. 50.80 (10), or is or has been a qualifying
10patient, as defined in s. 50.80 (6), or a primary caregiver, as defined in s. 50.80 (5),
11unless the parent or potential custodian's behavior creates an unreasonable danger
12to the child that can be clearly articulated and substantiated.
AB220,193
13Section 193
. 767.451 (5m) (a) of the statutes is amended to read:
AB220,99,1714
767.451
(5m) (a) Subject to pars. (b)
and, (c),
and (d) in all actions to modify
15legal custody or physical placement orders, the court shall consider the factors under
16s. 767.41 (5) (am), subject to s. 767.41 (5) (bm), and shall make its determination in
17a manner consistent with s. 767.41.
AB220,194
18Section 194
. 767.451 (5m) (d) of the statutes is created to read:
AB220,99,2419
767.451
(5m) (d) In an action to modify a legal custody order, the court may not
20consider as a factor in making a determination whether a parent or potential
21custodian holds or has applied for a registry identification card, as defined in s.
22146.44 (1) (h), is or has been the subject of a written certification, as defined in s.
2350.80 (10), or is or has been a qualifying patient, as defined in s. 50.80 (6), or a
24primary caregiver, as defined in s. 50.80 (5), unless the parent or potential
1custodian's behavior creates an unreasonable danger to the child that can be clearly
2articulated and substantiated.
AB220,195
3Section 195
. 885.235 (1) (d) 1. of the statutes is amended to read:
AB220,100,54
885.235
(1) (d) 1. A controlled substance included in schedule I under ch. 961
5other than a tetrahydrocannabinol.
AB220,196
6Section 196
. 885.235 (1) (d) 5. of the statutes is repealed.
AB220,197
7Section 197
. 885.235 (1) (e) of the statutes is created to read:
AB220,100,98
885.235
(1) (e) “Tetrahydrocannabinols concentration" has the meaning given
9in s. 23.33 (1) (k).
AB220,198
10Section 198
. 885.235 (1g) (intro.) of the statutes is amended to read:
AB220,100,2411
885.235
(1g) (intro.) In any action or proceeding in which it is material to prove
12that a person was under the influence of an intoxicant or had a prohibited alcohol
or
13tetrahydrocannabinols concentration or a specified alcohol concentration while
14operating or driving a motor vehicle or, if the vehicle is a commercial motor vehicle,
15on duty time, while operating a motorboat, except a sailboat operating under sail
16alone, while operating a snowmobile, while operating an all-terrain vehicle or utility
17terrain vehicle or while handling a firearm, evidence of the amount of alcohol
or
18tetrahydrocannabinols in the person's blood at the time in question, as shown by
19chemical analysis of a sample of the person's blood or urine or evidence of the amount
20of alcohol in the person's breath, is admissible on the issue of whether he or she was
21under the influence of an intoxicant or had a prohibited alcohol
or
22tetrahydrocannabinols concentration or a specified alcohol concentration if the
23sample was taken within 3 hours after the event to be proved. The chemical analysis
24shall be given effect as follows without requiring any expert testimony as to its effect:
AB220,199
25Section 199
. 885.235 (1g) (ag) of the statutes is created to read: