LRB-1969/1
MGG:skg:km
1995 - 1996 LEGISLATURE
August 30, 1995 - Introduced by Senators Moen, Burke, Andrea and Clausing,
cosponsored by Representatives
Rutkowski, Bock, Ryba, R. Young, Urban,
Kaufert, Boyle, Lehman and L. Young, by request of Judy Oakland of Eau
Claire.. Referred to Committee on Transportation, Agriculture and Local
Affairs.
SB312,1,2
1An Act to create 134.665 of the statutes;
relating to: the sale and distribution
2of butane and of butane lighters and providing a penalty.
Analysis by the Legislative Reference Bureau
Under current law, the department of agriculture, trade and consumer
protection may regulate by rule the methods of sale of glues, cements and hobby kit
fuels as hazardous substances. Current law defines "hazardous substance" to
include toxic substances. Under current law, a "toxic substance" is one that can
produce personal injury or illness through inhalation. This bill prohibits the sale of
butane and butane lighters to persons under the age of 18 in order to restrict the use
of butane as an inhalant.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
SB312, s. 1
3Section
1. 134.665 of the statutes is created to read:
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4134.665 Sale of butane and butane lighters to minors. (1) Definition. 5In this section, "identification card" means any of the following:
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(a) A license containing a photograph issued under ch. 343.
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(b) An identification card issued under s. 343.50.
SB312,1,9
8(2) Restriction. No person may sell butane or a butane lighter to any person
9under the age of 18.
SB312,2,4
1(3) Notice required. A person selling butane or butane lighters shall attach
2a notice in a conspicuous place at any site where butane or butane lighters are sold
3to consumer. The sign shall state that the sale of any butane or butane lighter to a
4person under the age of 18 is unlawful under this section.
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5(4) Defense. Proof of all of the following facts by a person who allegedly sold
6butane or a butane lighter to a person under the age of 18 is a defense to any
7prosecution for a violation of sub. (2):
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(a) That the purchaser falsely represented that he or she had attained the age
9of 18 and presented an identification card.
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(b) That the appearance of the purchaser was such that an ordinary and
11prudent person would believe that the purchaser had attained the age of 18.
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(c) That the sale was made in good faith, in reasonable reliance on the
13identification card and appearance of the purchaser and in the belief that the
14purchaser had attained the age of 18.
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15(5) Penalties. (a) In this subsection, "violation" means a violation of sub. (2).
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(b) A person who commits a violation is subject to a forfeiture of:
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1. Not more than $500 if the person has not committed a previous violation
18within 12 months of the violation; or
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2. Not less than $200 nor more than $500 if the person has committed a
20previous violation within 12 months of the violation.
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(c) Whoever violates sub. (3) shall forfeit not more than $25.
SB312,2,24
23(1)
This act takes effect on the first day of the 3rd month beginning after
24publication.
