SB519: Bill Text

SB519, s. 2 Section 2. 101.19 (1) (k) of the statutes is created to read:

SB519,2,11 101.19 (1) (k) Processing certifications filed by cigarette manufacturers under s. 167.35 (3) (a).

SB519, s. 3 Section 3. 165.25 (4) (ag) of the statutes is created to read:

SB519,2,14 165.25 (4) (ag) The department of justice shall furnish legal services upon request of the department of commerce under s. 167.35 (6).

SB519, s. 4 Section 4. 167.35 of the statutes is created to read:

SB519,2,17 167.35 Fire safety standards for cigarettes. (1) Definitions. In this section:

SB519,2,19 (a) "Cigarette" means any roll of tobacco wrapped in paper or any substance other than tobacco.

SB519,3,3 (b) "Cigarette vending machine" means any mechanical device that automatically dispenses cigarettes when money or tokens are deposited in the device in payment for the cigarettes.

SB519,3,7 (c) "Cigarette vending machine operator" means a person who acquires cigarettes and sells them through the use of cigarette vending machines that he or she owns, operates, or services and that are located on premises that are owned or under the control of other persons.

SB519,3,8 (d) "Department" means the department of commerce.

SB519,3,10 (e) "Wholesaler" means a person who has a permit authorizing the person to sell cigarettes at wholesale in this state to any of the following:

SB519,3,11 1. A person who sells cigarettes at retail.

SB519,3,12 2. A cigarette vending machine operator.

SB519,3,13 3. Another person who sells cigarettes at wholesale.

SB519,3,22 (2) Fire safety standards. The department shall promulgate rules establishing fire safety standards for all cigarettes sold or offered for sale in this state. The rules shall establish standards that reduce the risk of fire caused by cigarettes. In promulgating the rules, the department shall consult with the department of health and family services to ensure that the rules do not establish fire safety standards that result in increased health risks to individuals who smoke cigarettes. The rules shall establish at least one of the following fire safety standards for all cigarettes sold or offered for sale in this state, in addition to other fire safety standards that the department of commerce determines are appropriate:

SB519,3,24 (a) That the cigarettes, if ignited, stop burning within a time period specified in the rules if no individual inhales through the cigarettes during that period.

SB519,4,3 (b) That the cigarettes meet performance standards specified in the rules that are established for the purpose of limiting the risk that the cigarettes will ignite upholstered furniture, mattresses, or other household furnishings.

SB519,4,11 (3) Certification filed by cigarette manufacturer. (a) Every cigarette manufacturer that desires to permit cigarettes it manufactures to be sold or offered for sale in this state shall file a written certification with the department, certifying that the cigarettes meet all applicable fire safety standards contained in the rules promulgated under sub. (2). Upon filing a certification under this subsection, a cigarette manufacture shall provide a copy of the certification to every wholesaler that purchases the cigarettes that are the subject of the certification from the cigarette manufacturer.

SB519,4,16 (b) The department shall promptly forward a copy of each certification it receives under par. (a) to the attorney general. The department shall establish a procedure by which persons who sell cigarettes at retail in this state and cigarette vending machine operators in this state may obtain notification of which cigarettes are the subject of a certification filed under par. (a).

SB519,4,18 (c) The department shall establish a fee under s. 101.19 (1) (k) for processing certifications filed under par. (a).

SB519,4,21 (4) Sale of uncertified cigarettes prohibited. (a) Except as provided in par. (b), no person may sell cigarettes in this state, unless the cigarettes are the subject of a certification filed under sub. (3) (a).

SB519,4,24 (b) Paragraph (a) does not prohibit any person from selling cigarettes or offering to sell cigarettes that are not the subject of a certification filed under sub. (3) (a), if the cigarettes are to be sold in another state or outside of the United States.

SB519,5,3 (5) Penalties. (a) Any wholesaler who knowingly sells cigarettes at wholesale in violation of sub. (4) (a) may be required to forfeit not more than $10,000 for each sale.

SB519,5,5 (b) Any person other than a person specified in par. (a) who knowingly sells cigarettes in violation of sub. (4) (a) may be required to forfeit:

SB519,5,6 1. Not more than $500 for each sale of not more than 1,000 cigarettes.

SB519,5,7 2. Not more than $1,000 for each sale of more than 1,000 cigarettes.

SB519,5,10 (c) Any cigarette manufacturer that knowingly files a false certification under sub. (3) (a) may be required to forfeit not more than $10,000. Each false certification constitutes a separate offense.

SB519,5,13 (6) Enforcement. The attorney general shall take all necessary action, upon the request of the department, to enforce compliance with subs. (3) and (4) and rules promulgated under sub. (2).

SB519, s. 5 Section 5 . Nonstatutory provisions.

SB519,5,19 (1) Promulgation of fire safety standards. Not later than the first day of the 12th month beginning after the effective date of this subsection, the department of commerce shall submit in proposed form the rules required under section 167.35 (2) of the statutes, as created by this act, to the legislative council staff under section 227.15 (1) of the statutes.

SB519, s. 6 Section 6. Effective dates. This act takes effect on the first day of the 18th month beginning after publication, except as follows:

SB519,5,23 (1) Promulgation of fire safety standards. Section 5 (1 ) of this act takes effect on the day after publication.

SB519,5,24 (End)