LRB-3662/1
MGG:kmg:rs
2003 - 2004 LEGISLATURE
February 24, 2004 - Introduced by Senators Chvala and Hansen, cosponsored by
Representatives Berceau and Ainsworth, by request of Angela Shields and
the Stoughton High School Student Council. Referred to Committee on
Judiciary, Corrections and Privacy.
SB483,1,2
1An Act to create 134.665 of the statutes;
relating to: the sale of lighters and
2cigarette papers to persons under the age of 18 and providing a penalty.
Analysis by the Legislative Reference Bureau
This bill prohibits the sale of lighters and cigarette papers to persons under the
age of 18. The bill also requires persons selling lighters or cigarette papers to the
public to post a conspicuous notice stating that sales to persons under the age of 18
are in violation of this prohibition. The bill allows a defense to a prosecution for a
violation of this prohibition if the purchaser falsely represented his or her age by
showing an identification card that stated that he or she was at least 18, if the
purchaser's appearance was such that an ordinary and prudent person would believe
that the purchaser was at least 18, and if the sale was made in good faith and
reasonable reliance on the purchaser's identification card and appearance.
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:
SB483, s. 1
3Section
1. 134.665 of the statutes is created to read:
SB483,2,3
1134.665 Sale of lighters and cigarette papers to person under 18 years
2of age. (1) Definition. In this section, "identification card" means any of the
3following:
SB483,2,44
(a) A license containing a photograph issued under ch. 343.
SB483,2,55
(b) An identification card issued under s. 343.50.
SB483,2,7
6(2) Restriction. No person may sell a lighter or cigarette papers to any person
7under the age of 18 years.
SB483,2,11
8(3) Notice required. A person selling lighters or cigarette papers shall post
9a notice in a conspicuous place at any site where the lighters or cigarette papers are
10sold to the public. The notice shall state that the sale of any lighter or cigarette
11papers to a person under the age of 18 years is unlawful under this section.
SB483,2,14
12(4) Defense. Proof of all of the following facts by a person who allegedly sold
13a lighter or cigarette papers to a person under the age of 18 is a defense to any
14prosecution for a violation of sub. (2):
SB483,2,1715
(a) That the purchaser falsely represented that he or she had attained the age
16of 18 years and presented an identification card that did not contradict that
17representation.
SB483,2,1918
(b) That the appearance of the purchaser was such that an ordinary and
19prudent person would believe that the purchaser had attained the age of 18 years.
SB483,2,2220
(c) That the sale was made in good faith, in reasonable reliance on the
21identification card and appearance of the purchaser, and in the belief that the
22purchaser had attained the age of 18 years.
SB483,2,24
23(5) Penalties. (a) A person who commits a violation of sub. (2) is subject to a
24forfeiture of either of the following:
SB483,3,2
11. Not more than $500 if the person has not committed a previous violation of
2sub. (2) within the 12 months before this violation.
SB483,3,43
2. Not less than $200 nor more than $500 if the person has committed a
4previous violation within the 12 months before this violation.
SB483,3,55
(b) A person who commits a violation of sub. (3) shall forfeit not more than $25.
SB483,3,87
(1)
This act takes effect on the first day of the 3rd month beginning after
8publication.
