AB512: Bill Text

LRB-2354/2

GMM:cmh&kjf:jf

2003 - 2004 LEGISLATURE

2003 Assembly BILL 512

September 11, 2003 - Introduced by Representatives Morris, Ott, Turner, Bies and A. Williams. Referred to Committee on State Affairs.

AB512,1,5 An Act to amend 134.66 (2m) (a), 134.66 (4) (a) 1., 134.66 (4) (a) 2. (intro.), 134.66 (4) (a) 2. a., 134.66 (4) (a) 2. b. and 134.66 (4) (a) 4.; to repeal and recreate 134.66 (4) (a) 3.; and to create 134.66 (4) (a) 2m. and 134.66 (4) (a) 3m. of the statutes; relating to: sale of cigarettes or tobacco products to minors and providing a penalty.

Analysis by the Legislative Reference Bureau

Current law prohibits, with certain exceptions, any person engaged in the business of manufacturing, distributing, or selling cigarettes or tobacco products (cigarettes) from selling or giving cigarettes to any person under the age of 18. A court may require a person who violates this prohibition to forfeit up to $500, and may suspend the violator's license or permit to manufacture, distribute, or sell cigarettes (license or permit) for a period of up to 30 days. Current law increases the minimum forfeiture amount, and the minimum and maximum duration of a license or permit suspension, based upon the number of violations committed within the previous 12 months.

This bill eliminates the time period for counting previous violations and changes the penalties that apply, except that the bill does not change that time period or those penalties with respect to an agent, employee, or independent contractor of a cigarette retailer. Under the bill, the penalties for a violation committed by any person engaged in the business of manufacturing, distributing, or selling cigarettes, other than an agent, employee, or independent contractor of a cigarette retailer, are as follows:

1) For a first violation, a mandatory forfeiture of not less than $500 nor more than $1,000.

2) For a second violation, a mandatory forfeiture of not less than $1,000 nor more than $2,000. In addition, the court must suspend the violator's license or permit for not less than 30 days nor more than 90 days.

3) For a third or subsequent violation, the court must revoke the violator's license or permit.

The people of the state of Wisconsin, represented in senate and assembly, do enact as follows:

AB512, s. 1 Section 1. 134.66 (2m) (a) of the statutes is amended to read:

AB512,2,17 134.66 (2m) (a) Except as provided in par. (b), at the time that a retailer hires or contracts with an agent, employee, or independent contractor whose duties will include the sale of cigarettes or tobacco products, the retailer shall provide the agent, employee, or independent contractor with training on compliance with sub. (2) (a) and (am), including training on the penalties under sub. (4) (a) 2. and 2m. for a violation of sub. (2) (a) or (am). The department of health and family services shall make available to any retailer on request a training program developed or approved by that department that provides the training required under this paragraph. A retailer may comply with this paragraph by providing the training program developed or approved by the department of health and family services or by providing a comparable training program approved by that department. At the completion of the training, the retailer and the agent, employee, or independent contractor shall sign a form provided by the department of health and family services verifying that the agent, employee, or independent contractor has received the training, which the retailer shall retain in the personnel file of the agent, employee, or independent contractor.

AB512, s. 2 Section 2. 134.66 (4) (a) 1. of the statutes is amended to read:

AB512,3,5 134.66 (4) (a) 1. In this paragraph, "violation" means a violation of sub. (2) (a), (am), (cm), or (e) or of a local ordinance which that strictly conforms to sub. (2) (a), (am), (cm), or (e). For the purpose of determining whether a previous violation has occurred, if more than one violation occurs at the same time all violations occurring at that time shall be counted as one violation.

AB512, s. 3 Section 3. 134.66 (4) (a) 2. (intro.) of the statutes is amended to read:

AB512,3,8 134.66 (4) (a) 2. (intro.) A Subject to subd. 2m., a person who commits a violation is subject to a forfeiture of shall be:

AB512, s. 4 Section 4. 134.66 (4) (a) 2. a. of the statutes is amended to read:

AB512,3,12 134.66 (4) (a) 2. a. Not Required to forfeit not less than $500 nor more than $500 $1,000 if the person has not committed a previous violation within 12 months of the violation; or.

AB512, s. 5 Section 5. 134.66 (4) (a) 2. b. of the statutes is amended to read:

AB512,3,16 134.66 (4) (a) 2. b. Not Required to forfeit not less than $200 $1,000 nor more than $500 $2,000 if the person has committed a previous violation within 12 months of the violation.

AB512, s. 6 Section 6. 134.66 (4) (a) 2m. of the statutes is created to read:

AB512,3,21 134.66 (4) (a) 2m. If an agent, employee, or independent contractor of a retailer commits a violation for which the agent, employee, or independent contractor is subject to a citation under sub. (2m) (c), the agent, employee, or independent contractor is subject to the following:

AB512,3,23 a. A forfeiture of not more than $500 if he or she has not committed a previous violation within 12 months of the violation.

AB512,3,25 b. A forfeiture of not less than $200 nor more than $500 if he or she has committed a violation within 12 months of the violation.

AB512, s. 7 Section 7. 134.66 (4) (a) 3. of the statutes is repealed and recreated to read:

AB512,4,4 134.66 (4) (a) 3. A court shall suspend any license or permit issued under s. 134.65, 139.34, or 139.79 to a person for not less than 30 days nor more than 90 days, if the court finds that the person committed one previous violation.

AB512, s. 8 Section 8. 134.66 (4) (a) 3m. of the statutes is created to read:

AB512,4,8 134.66 (4) (a) 3m. A court shall revoke any license or permit issued under s. 134.65, 139.34, or 139.79 to a person if the court finds that the person committed 2 or more previous violations.

AB512, s. 9 Section 9. 134.66 (4) (a) 4. of the statutes is amended to read:

AB512,4,12 134.66 (4) (a) 4. The court shall promptly mail notice of a suspension under subd. 3. or a revocation under subd. 3m. to the department of revenue and to the clerk of each municipality which has issued a license or permit to the person.

AB512, s. 10 Section 10. Initial applicability.

AB512,4,19 (1) This act first applies to violations committed on the effective date of this subsection, but does not preclude the counting of a violation committed before that effective date as a previous violation for purposes of imposing a forfeiture on a person under section 134.66 (4) (a) 2. b. of the statutes, as affected by this act, or for purposes of suspending or revoking a license or permit issued to a person under section 134.66 (4) (a) 3. or 3m. of the statutes, as affected by this act.

AB512,4,20 (End)