AB1170,7,2
1(c) That the name and birthdate of the purchaser, as indicated by the purchaser,
2matched the name and birthdate on the identification presented under par. (b).
AB1170,7,53 (d) That the sale was made in good faith, in reasonable reliance on the
4mechanism described in par. (a) and the representation and identification under
5pars. (b) and (c), and in the belief that the purchaser had attained the age of 18.
AB1170, s. 9 6Section 9. 139.30 (4n) of the statutes, as created by 2005 Wisconsin Act 25, is
7repealed and recreated to read:
AB1170,7,88 139.30 (4n) "Identification card" has the meaning given in s. 134.66 (1) (c).
AB1170, s. 10 9Section 10. 139.30 (7) of the statutes is amended to read:
AB1170,7,1210 139.30 (7) "Manufacturer" means any person who directly manufactures
11cigarettes for the purpose of sale, including the authorized agent of a person who
12directly manufactures cigarettes for the purpose of sale.
AB1170, s. 11 13Section 11. 139.30 (8s) of the statutes is created to read:
AB1170,7,1614 139.30 (8s) "Person" means any individual, sole proprietorship, partnership,
15limited liability company, corporation, or association, or any owner of a single-owner
16entity that is disregarded as a separate entity under ch. 71.
AB1170, s. 12 17Section 12. 139.32 (4) of the statutes is amended to read:
AB1170,7,2018 139.32 (4) In lieu of stamps the secretary may authorize impressions applied
19by the use of meter machines. The secretary shall prescribe by rule the type of
20impression and the kind of machines which may be used.
AB1170, s. 13 21Section 13. 139.321 (1) (intro.) of the statutes, as affected by 2005 Wisconsin
22Act 25
, is amended to read:
AB1170,7,2523 139.321 (1) (intro.) It is unlawful for any person to purchase or possess
24cigarettes unless the required stamps are properly affixed as provided in ss. 139.32
25(1) and 139.33 (4).
AB1170, s. 14
1Section 14. 139.321 (1) (a) 1. of the statutes is amended to read:
AB1170,8,32 139.321 (1) (a) 1. Manufacturers, bonded direct marketers, distributors or
3warehouse operators possessing valid permits issued by the secretary.
AB1170, s. 15 4Section 15. 139.34 (1) (a) of the statutes is amended to read:
AB1170,8,105 139.34 (1) (a) No person may manufacture cigarettes in this state or sell
6cigarettes in this state as a distributor, manufacturer, jobber, vending machine
7operator, direct marketer, or multiple retailer and no person may operate a
8warehouse in this state for the storage of cigarettes for another person without first
9filing an application for and obtaining the proper permit to perform such operations
10from the department.
AB1170, s. 16 11Section 16. 139.34 (1) (b) of the statutes is repealed.
AB1170, s. 17 12Section 17. 139.34 (1) (c) (intro.) of the statutes is amended to read:
AB1170,8,1413 139.34 (1) (c) (intro.) Subject to ss. 111.321, 111.322 and 111.335, no No permit
14under this section may be granted to any person to whom any of the following applies:
AB1170, s. 18 15Section 18. 139.34 (1) (c) 3m. of the statutes is created to read:
AB1170,8,1716 139.34 (1) (c) 3m. The person has not submitted proof as provided under s.
1777.61 (11).
AB1170, s. 19 18Section 19. 139.34 (1) (c) 4m. of the statutes is created to read:
AB1170,8,1919 139.34 (1) (c) 4m. The person is 18 years of age or older.
AB1170, s. 20 20Section 20. 139.34 (1) (cm) of the statutes is created to read:
AB1170,8,2421 139.34 (1) (cm) The requirements under par. (c) apply to all partners of a
22partnership, all members of a limited liability company, all agents, directors, and
23shareholders of a limited liability company or corporation, and all officers of a
24corporation.
AB1170, s. 21 25Section 21. 139.34 (4) of the statutes is amended to read:
AB1170,9,6
1139.34 (4) A separate permit shall be required of and issued to each class of
2permittee and the holder of any permit shall perform only the operations thereby
3authorized. Such permit shall not be transferable from one person to another or from
4one premises to another. A separate permit shall be required for each place where
5cigarettes are stamped or where cigarettes are stored for sale at wholesale or,
6through vending machines or multiple retail outlets, or by direct marketing.
AB1170, s. 22 7Section 22. 139.34 (6) of the statutes is amended to read:
AB1170,9,118 139.34 (6) A vending machine operator or a multiple retailer may acquire
9unstamped cigarettes from the manufacturers thereof and affix the stamps to
10packages or other containers only if the vending machine operator or multiple
11retailer also holds a permit as a distributor or bonded direct marketer.
AB1170, s. 23 12Section 23. 139.34 (8) of the statutes is amended to read:
AB1170,9,1813 139.34 (8) The holder of a warehouse permit is entitled to store cigarettes on
14the premises described in the permit. The warehouse permit shall not authorize the
15holder to sell cigarettes. Unstamped cigarettes stored in a warehouse for a
16manufacturer, bonded direct marketer, or distributor may be delivered only to a
17person holding a permit as a manufacturer or, distributor, or bonded direct marketer
18who is authorized by the department to purchase and affix tax stamps
.
AB1170, s. 24 19Section 24. 139.345 (1) (a) (intro.) of the statutes, as created by 2005 Wisconsin
20Act 25
, is amended to read:
AB1170,9,2521 139.345 (1) (a) (intro.) No person may sell cigarettes to consumers in this state
22as a direct marketer or solicit sales of cigarettes to consumers in this state by direct
23marketing
unless the person submits to has obtained a permit from the department
24the person's name, trade name, address of the person's principal place of business,
25phone number, e-mail address, and Web site address
to make such sales or

1solicitations. The person shall file an application for a permit under this subsection
2with the department, in the manner prescribed by the department
.
AB1170, s. 25 3Section 25. 139.345 (1) (b) of the statutes, as created by 2005 Wisconsin Act
425
, is amended to read:
AB1170,10,155 139.345 (1) (b) No person may sell cigarettes as described under this section
6The department may not issue a permit to a person under par. (a) unless the person
7certifies to the department, in the manner prescribed by the department, that the
8person shall acquire stamped cigarettes from a licensed distributor or unstamped
9cigarettes from the manufacturer thereof, pay the tax imposed under this subchapter
10on all unstamped cigarettes and affix stamps to the cigarette packages or containers
11as provided under s. 139.32 (1), store such packages or containers, and sell only such
12packages or containers to consumers in this state by direct marketing; or acquire
13cigarettes from a distributor, to the packages or containers of which stamps have
14been affixed as provided under s. 139.32 (1), and sell only such packages or
15containers to consumers in this state by direct marketing.
AB1170, s. 26 16Section 26. 139.345 (1) (d) of the statutes, as created by 2005 Wisconsin Act
1725
, is amended to read:
AB1170,10,2518 139.345 (1) (d) No person may sell cigarettes as described in this section The
19department may not issue a permit to a person under par. (a)
unless the person
20certifies to the department, in the manner prescribed by the department, that the
21person shall register with credit card and debit card companies; that the invoices and
22all means of solicitation for all shipments of cigarette sales from the person shall bear
23the person's name and address and the permit number of the permit ultimately
24issued under this subsection
; and that the person shall provide the department any
25information the department considers necessary to administer this section.
AB1170, s. 27
1Section 27. 139.345 (3) (intro.) of the statutes, as created by 2005 Wisconsin
2Act 25
, is amended to read:
AB1170,11,43 139.345 (3) (intro.) No person may sell cigarettes to consumers a consumer in
4this state unless the person does all of the following:
AB1170, s. 28 5Section 28. 139.345 (3) (a) (intro.) of the statutes, as created by 2005 Wisconsin
6Act 25
, is amended to read:
AB1170,11,87 139.345 (3) (a) (intro.) Verifies the consumer's name identity and address and
8that the consumer is at least 18 years of age by any of the following methods:
AB1170, s. 29 9Section 29. 139.345 (3) (a) 2. of the statutes, as created by 2005 Wisconsin Act
1025
, is renumbered 139.345 (3) (a) 2. a. and amended to read:
AB1170,11,1211 139.345 (3) (a) 2. a. The person receives from the consumer, at the time of
12purchase, a copy of a government issued an identification card.
AB1170, s. 30 13Section 30. 139.345 (3) (a) 2. b. of the statutes is created to read:
AB1170,11,1514 139.345 (3) (a) 2. b. The name specified on the identification card matches the
15name of the consumer.
AB1170, s. 31 16Section 31. 139.345 (3) (a) 2. c. of the statutes is created to read:
AB1170,11,1817 139.345 (3) (a) 2. c. The birth date on the identification card verifies that the
18consumer is at least 18 years of age.
AB1170, s. 32 19Section 32. 139.345 (7) (a) of the statutes, as created by 2005 Wisconsin Act
2025
, is amended to read:
AB1170,12,321 139.345 (7) (a) No person may deliver a package of cigarettes sold by direct
22marketing to a consumer in this state unless the person making the delivery receives
23 a government issued an identification card from the person receiving the package
24and verifies that the person receiving the package is at least 18 years of age. If the
25person receiving the package is not the person to whom the package is addressed, the

1person delivering the package shall have the person receiving the package sign a
2statement that affirms that the person to whom the package is addressed is at least
318 years of age.
AB1170, s. 33 4Section 33. 139.345 (8) of the statutes is created to read:
AB1170,12,85 139.345 (8) (a) No person may sell cigarettes to consumers in this state by direct
6marketing unless the tax imposed under s. 139.31 (1) is paid on the cigarettes and
7stamps are affixed to the cigarette packages or containers as provided under s.
8139.32.
AB1170,12,129 (b) No person may sell cigarettes to consumers in this state by direct marketing
10unless the cigarette brands are approved by the department and listed in the
11directory of certified tobacco product manufacturers and brands as provided under
12s. 895.12 (2) (b).
AB1170, s. 34 13Section 34. 139.345 (9) of the statutes is created to read:
AB1170,12,1814 139.345 (9) Any person who, without having a valid permit under sub. (1), sells
15or solicits sales of cigarettes to consumers in this state by direct marketing shall pay
16a penalty to the department of $5,000 or an amount that is equal to $50 for every 200
17cigarettes, or fraction of 200 cigarettes, sold to consumers in this state by direct
18marketing, whichever is greater.
AB1170, s. 35 19Section 35. 139.345 (10) of the statutes is created to read:
AB1170,12,2220 139.345 (10) (a) No sale of cigarettes to a consumer in this state by direct
21marketing may exceed 10 cartons for each invoice or 20 cartons in a 30-day period
22for each purchaser or address.
AB1170,13,223 (b) Any person who sells cigarettes in an amount that exceeds the amounts
24allowed under par. (a) shall pay a penalty to the department of $5,000 or an amount

1that is equal to $50 for every 200 cigarettes, or fraction of 200 cigarettes, sold in
2excess of the amounts allowed under par. (a), whichever is greater.
AB1170,13,63 (c) Any person who purchases cigarettes in an amount that exceeds the
4amounts allowed under par. (a) shall apply for a permit under s. 139.34 and shall pay
5a penalty to the department of $25 for every 200 cigarettes, or fraction of 200
6cigarettes, purchased in excess of the amounts allowed under par. (a).
AB1170, s. 36 7Section 36. 139.37 (1) (a) of the statutes is amended to read:
AB1170,14,28 139.37 (1) (a) No person shall sell cigarettes or take orders for cigarettes for
9resale
solicit cigarette sales in this state for any manufacturer or permittee without
10first obtaining a
unless the person has filed an application for and obtained a valid
11certificate under s. 73.03 (50) and a
salesperson's permit from the department of
12revenue
. No manufacturer or permittee shall authorize any person to sell cigarettes
13or take orders for cigarettes solicit cigarette sales in this state without first having
14such person secure
unless the person has filed an application for and obtained a valid
15certificate under s. 73.03 (50) and
a salesperson's permit. No person shall authorize
16the sale or solicitation of cigarettes in this state unless the person has filed an
17application for and obtained a valid certificate under s. 73.03 (50) and a valid permit
18under s. 139.34.
The department shall issue the required number of permits to
19manufacturers and permittees who hold a valid certificate issued under s. 73.03 (50).
20Each application for a permit shall disclose the name and address of the employer
21or the person for whom the sales person is soliciting and such permit shall remain
22effective only while the salesperson represents such named employer or person. If
23such salesperson is thereafter employed by another manufacturer or permittee
24person, the salesperson shall obtain a new salesperson's permit. Each manufacturer

1and
permittee shall notify the department within 10 days after the resignation or
2dismissal of any such salesperson holding a permit.
AB1170, s. 37 3Section 37. 139.40 (1) of the statutes is amended to read:
AB1170,14,84 139.40 (1) All cigarettes acquired, owned, imported, possessed, kept, stored,
5made, sold, distributed or transported in violation of this chapter or s. 134.65, and
6all personal property used in connection therewith is unlawful property and subject
7to seizure by the secretary or any peace officer. All cigarettes seized for violating s.
8139.31 (4) or (5) shall be destroyed.
AB1170, s. 38 9Section 38. 139.40 (2) of the statutes is amended to read:
AB1170,14,1910 139.40 (2) If cigarettes which do not bear the proper tax stamps or on which
11the tax has not been paid
Cigarettes that are so seized they as provided under sub.
12(1)
may be given to law enforcement officers to use in criminal investigations or sold
13to qualified buyers by the secretary, without notice. If the cigarettes are sold, after
14deducting the costs of the sale and the keeping of storing the property, the proceeds
15of the sale shall be paid into the state treasury. If the secretary finds that such
16cigarettes may deteriorate or become unfit for use in criminal investigations or for
17sale or that those uses would otherwise be impractical, the secretary may order them
18destroyed or give them to a charitable or penal institution for free distribution to
19patients or inmates.
AB1170, s. 39 20Section 39. 139.44 (1m) of the statutes is amended to read:
AB1170,14,2321 139.44 (1m) Any person who falsely or fraudulently tampers with a cigarette
22meter impression machine in order to evade the tax under s. 139.31 is guilty of a
23Class G felony.
AB1170, s. 40 24Section 40. 139.44 (2) of the statutes is amended to read:
AB1170,15,4
1139.44 (2) Any person who makes or signs any false or fraudulent report or who
2attempts to evade the tax imposed by s. 139.31 or 139.76, or who aids in or abets the
3evasion or attempted evasion of that tax may be fined not more than $10,000 or
4imprisoned for not more than 9 months or both
, is guilty of a Class H felony.
AB1170, s. 41 5Section 41. 139.44 (3) of the statutes is amended to read:
AB1170,15,106 139.44 (3) Any permittee or licensee who fails to keep the records required by
7ss. 139.30 to 139.42 or 139.77 to 139.82 shall be fined not less than $100 $500 nor
8more than $500 $1,000 for the first offense and shall be fined not less than $1,000
9nor more than $5,000
or imprisoned not more than 6 months 180 days or both for the
102nd or subsequent offense
.
AB1170, s. 42 11Section 42. 139.44 (4) of the statutes is amended to read:
AB1170,15,1512 139.44 (4) Any person who refuses to permit the examination or inspection
13authorized in s. 139.39 (2) or 139.83 may be fined not more less than $500 nor more
14than $1,000
or imprisoned not more than 90 180 days or both. Such refusal shall be
15cause for immediate suspension or revocation of permit or license by the secretary.
AB1170, s. 43 16Section 43. 139.44 (5) of the statutes is amended to read:
AB1170,15,2017 139.44 (5) Any person who violates any of the provisions of ss. 139.30 to 139.41
18or 139.75 to 139.83 for which no other penalty is prescribed shall be fined not less
19than $100 nor
more than $1,000 $10,000 or imprisoned not less than 10 days nor
20more than 90 days 9 months or both.
AB1170, s. 44 21Section 44. 139.44 (6) of the statutes is amended to read:
AB1170,15,2422 139.44 (6) Any person who violates any of the rules of the department shall be
23fined not less than $100 $500 nor more than $500 $1,000 or be imprisoned not more
24than 6 9 months or both.
AB1170, s. 45 25Section 45. 139.44 (6m) of the statutes is created to read:
AB1170,16,3
1139.44 (6m) Any person who manufactures or sells cigarettes in this state
2without holding the proper permit issued under this subchapter is guilty of a Class
3I felony.
AB1170, s. 46 4Section 46. 139.44 (7) of the statutes is amended to read:
AB1170,16,95 139.44 (7) In addition to the penalties imposed for violation of ss. 139.30 to
6139.41 or 139.75 to 139.83 or any of the rules of the department, the permit of any
7person convicted of a 2nd or subsequent offense shall be automatically revoked and
8he or she the person shall not be granted another permit for a period of 2 5 years
9following such revocation.
AB1170, s. 47 10Section 47. 139.75 (2) of the statutes is amended to read:
AB1170,16,1411 139.75 (2) "Consumer" means any individual who receives tobacco products for
12his or her personal use or consumption or
any person individual who has title to or
13possession of tobacco products in storage for use or other consumption in this state
14any purpose other than for sale or resale.
AB1170, s. 48 15Section 48. 139.75 (3g) of the statutes is created to read:
AB1170,16,1716 139.75 (3g) "Direct marketer" means any person who solicits or sells tobacco
17products to consumers in this state by direct marketing.
AB1170, s. 49 18Section 49. 139.75 (3r) of the statutes is created to read:
AB1170,16,2219 139.75 (3r) "Direct marketing" means publishing or making accessible an offer
20for the sale of tobacco products to consumers in this state, or selling tobacco products
21to consumers in this state, using any means by which the consumer is not physically
22present on a premise that sells tobacco products.
AB1170, s. 50 23Section 50. 139.75 (4) (a) of the statutes is amended to read:
AB1170,17,3
1139.75 (4) (a) Any person in this state engaged in the business of selling tobacco
2products in this state who brings, or causes to be brought, into this state from outside
3the state any tobacco products for sale;
AB1170, s. 51 4Section 51. 139.75 (4) (c) of the statutes is amended to read:
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