March 7, 2019 - Introduced by Representatives Brandtjen, Dittrich, Brooks,
Crowley, Duchow, Horlacher, Kerkman, Kitchens, Kuglitsch, Kulp,
Mursau, Myers, Oldenburg, Plumer, Quinn, Ramthun, Rohrkaste, Sinicki,
Skowronski, Spreitzer, Subeck, C. Taylor, Thiesfeldt, Tittl, Tusler and
Wichgers, cosponsored by Senators Jacque, L. Taylor, Carpenter,
Kooyenga, Marklein and Johnson. Referred to Committee on State Affairs.
AB65,1,6 1An Act to amend 134.66 (title), 134.66 (2) (a), 134.66 (2) (am), 134.66 (2) (b),
2134.66 (2) (cm) 1m., 134.66 (2m) (a), 134.66 (3) (intro.), subchapter IX (title) of
3chapter 254 [precedes 254.911], 254.916 (2) (intro.), 254.92 (title), 254.92 (1),
4254.92 (2), 254.92 (2m) (intro.) and 254.92 (3); and to create 134.66 (1) (jm) and
5254.911 (11) of the statutes; relating to: prohibiting the sale of vapor products
6to minors and the purchase of those products by minors.
Analysis by the Legislative Reference Bureau
This bill prohibits the sale of vapor products to minors and the purchase of those
products by or for minors.
Current law prohibits certain actors, such as retailers and manufacturers, from
selling cigarettes, tobacco products, or nicotine products to a person who is under the
age of 18 (a minor), and from providing cigarettes, tobacco products, or nicotine
products for free to any person unless the cigarettes or products are provided in a
place where minors are generally not permitted to enter. This bill similarly prohibits
the sale or provision of vapor products, such as e-cigarettes and vape pens, to minors.
Current law also prohibits a minor from purchasing, attempting to purchase,
possessing, or falsely representing his or her age for the purpose of receiving any
cigarette, nicotine product, or tobacco product, with certain limited exceptions.
Current law also prohibits any person from purchasing cigarettes, nicotine products,
or tobacco products on behalf of a minor. This bill similarly prohibits the purchase
of vapor products by or on behalf of minors.

For further information see the state and local fiscal estimate, which will be
printed as an appendix to this bill.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
AB65,1 1Section 1. 134.66 (title) of the statutes is amended to read:
AB65,2,3 2134.66 (title) Restrictions on sale or gift of cigarettes or nicotine, vapor,
3or tobacco products.
AB65,2 4Section 2. 134.66 (1) (jm) of the statutes is created to read:
AB65,2,145 134.66 (1) (jm) In this section, “vapor product" means any noncombustible
6product or device, regardless of whether it contains nicotine, that employs a heating
7element, power source, electronic circuit, or other electronic, chemical, or mechanical
8means, regardless of shape or size, that can be used to produce a vapor that is
9intended to be inhaled by the person using the product. “Vapor product” includes an
10electronic cigarette, electronic cigar, electronic cigarillo, electronic pipe, or similar
11product or device; and any cartridge or other container of a solution or other
12substance, regardless of whether it contains nicotine, that is intended to be used with
13or in an electronic cigarette, electronic cigar, electronic cigarillo, electronic pipe, or
14similar product or device.
AB65,3 15Section 3. 134.66 (2) (a) of the statutes is amended to read:
AB65,3,416 134.66 (2) (a) No retailer, direct marketer, manufacturer, distributor, jobber or
17subjobber, no agent, employee or independent contractor of a retailer, direct
18marketer, manufacturer, distributor, jobber or subjobber and no agent or employee
19of an independent contractor may sell or provide for nominal or no consideration
20cigarettes, nicotine products, vapor products, or tobacco products to any person
21under the age of 18, except as provided in s. 254.92 (2) (a). A vending machine

1operator is not liable under this paragraph for the purchase of cigarettes, nicotine
2products, vapor products, or tobacco products from his or her vending machine by a
3person under the age of 18 if the vending machine operator was unaware of the
4purchase.
AB65,4 5Section 4. 134.66 (2) (am) of the statutes is amended to read:
AB65,3,136 134.66 (2) (am) No retailer, direct marketer, manufacturer, distributor, jobber,
7subjobber, no agent, employee or independent contractor of a retailer, direct
8marketer, manufacturer, distributor, jobber or subjobber and no agent or employee
9of an independent contractor may provide for nominal or no consideration cigarettes,
10nicotine products, vapor products, or tobacco products to any person except in a place
11where no person younger than 18 years of age is present or permitted to enter unless
12the person who is younger than 18 years of age is accompanied by his or her parent
13or guardian or by his or her spouse who has attained the age of 18 years.
AB65,5 14Section 5. 134.66 (2) (b) of the statutes is amended to read:
AB65,3,1815 134.66 (2) (b) 1. A retailer shall post a sign in areas within his or her premises
16where cigarettes, vapor products, or tobacco products are sold to consumers stating
17that the sale of any cigarette, vapor products, or tobacco product to a person under
18the age of 18 is unlawful under this section and s. 254.92.
AB65,3,2219 2. A vending machine operator shall attach a notice in a conspicuous place on
20the front of his or her vending machines stating that the purchase of any cigarette,
21vapor product,
or tobacco product by a person under the age of 18 is unlawful under
22s. 254.92 and that the purchaser is subject to a forfeiture of not to exceed $50.
AB65,6 23Section 6. 134.66 (2) (cm) 1m. of the statutes is amended to read:
AB65,4,424 134.66 (2) (cm) 1m. A retailer or vending machine operator may not sell
25cigarettes, vapor products, or tobacco products from a vending machine unless the

1vending machine is located in a place where the retailer or vending machine operator
2ensures that no person younger than 18 years of age is present or permitted to enter
3unless he or she is accompanied by his or her parent or guardian or by his or her
4spouse who has attained the age of 18 years.
AB65,7 5Section 7. 134.66 (2m) (a) of the statutes is amended to read:
AB65,4,206 134.66 (2m) (a) Except as provided in par. (b), at the time that a retailer hires
7or contracts with an agent, employee, or independent contractor whose duties will
8include the sale of cigarettes, vapor products, or tobacco products, the retailer shall
9provide the agent, employee, or independent contractor with training on compliance
10with sub. (2) (a) and (am), including training on the penalties under sub. (4) (a) 2. for
11a violation of sub. (2) (a) or (am). The department of health services shall make
12available to any retailer on request a training program developed or approved by that
13department that provides the training required under this paragraph. A retailer
14may comply with this paragraph by providing the training program developed or
15approved by the department of health services or by providing a comparable training
16program approved by that department. At the completion of the training, the retailer
17and the agent, employee, or independent contractor shall sign a form provided by the
18department of health services verifying that the agent, employee, or independent
19contractor has received the training, which the retailer shall retain in the personnel
20file of the agent, employee, or independent contractor.
AB65,8 21Section 8. 134.66 (3) (intro.) of the statutes is amended to read:
AB65,5,222 134.66 (3) Defense; sale to minor. (intro.) Proof of all of the following facts
23by a retailer, manufacturer, distributor, jobber, or subjobber, an agent, employee, or
24independent contractor of a retailer, manufacturer, distributor, jobber, or subjobber,
25or an agent or employee of an independent contractor who sells cigarettes, vapor

1products,
or tobacco products to a person under the age of 18 is a defense to any
2prosecution, or a complaint made under s. 134.65 (7), for a violation of sub. (2) (a):
AB65,9 3Section 9. Subchapter IX (title) of chapter 254 [precedes 254.911] of the
4statutes is amended to read:
AB65,5,55 CHAPTER 254
AB65,5,96 SUBCHAPTER IX
7 SALE OR GIFT OF CIGARETTES,
8 NICOTINE PRODUCTS, VAPOR PRODUCTS,
9OR TOBACCO PRODUCTS TO MINORS
AB65,10 10Section 10. 254.911 (11) of the statutes is created to read:
AB65,5,1111 254.911 (11) “Vapor product” has the meaning given in s. 134.66 (1) (jm).
AB65,11 12Section 11. 254.916 (2) (intro.) of the statutes is amended to read:
AB65,5,1613 254.916 (2) (intro.) With the permission of his or her parent or guardian, a
14person under 18 years of age, but not under 15 years of age, may buy, attempt to buy
15or possess any cigarette, nicotine product, vapor product, or tobacco product if all of
16the following are true:
AB65,12 17Section 12. 254.92 (title) of the statutes is amended to read:
AB65,5,20 18254.92 (title) Purchase or possession of cigarettes or, nicotine
19products, vapor products, or
tobacco products by person under 18
20prohibited.
AB65,13 21Section 13. 254.92 (1) of the statutes is amended to read:
AB65,5,2422 254.92 (1) No person under 18 years of age may falsely represent his or her age
23for the purpose of receiving any cigarette, nicotine product, vapor product, or tobacco
24product.
AB65,14 25Section 14. 254.92 (2) of the statutes is amended to read:
AB65,6,3
1254.92 (2) No person under 18 years of age may purchase, attempt to purchase,
2or possess any cigarette, nicotine product, vapor product, or tobacco product except
3as follows:
AB65,6,64 (a) A person under 18 years of age may purchase or possess cigarettes, nicotine
5products, vapor product, or tobacco products for the sole purpose of resale in the
6course of employment during his or her working hours if employed by a retailer.
AB65,6,107 (b) A person under 18 years of age, but not under 15 years of age, may purchase,
8attempt to purchase or possess cigarettes, nicotine products, vapor products, or
9tobacco products in the course of his or her participation in an investigation under
10s. 254.916 that is conducted in accordance with s. 254.916 (3).
AB65,15 11Section 15. 254.92 (2m) (intro.) of the statutes is amended to read:
AB65,6,1412 254.92 (2m) (intro.) No person may purchase cigarettes, tobacco products, or
13nicotine products, or vapor products on behalf of, or to provide to, any person who is
14under 18 years of age. Any person who violates this subsection may be:
AB65,16 15Section 16. 254.92 (3) of the statutes is amended to read:
AB65,6,1816 254.92 (3) A law enforcement officer shall seize any cigarette, nicotine product,
17vapor product, or tobacco product that has been sold to and is in the possession of a
18person under 18 years of age.
AB65,17 19Section 17. Initial applicability.
AB65,6,2320 (1) This act first applies to sales or the provision of vapor products to persons
21under the age of 18 and to purchases, attempts to purchase, and false
22representations of age for the purpose of receiving any vapor product by persons
23under the age of 18 on the effective date of this subsection.
AB65,18 24Section 18. Effective date.
AB65,7,2
1(1) This act takes effect on the first day of the 7th month beginning after
2publication.
AB65,7,33 (End)
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