AB1170: Bill Text

AB1170,14,2 139.37 (1) (a) No person shall sell cigarettes or take orders for cigarettes for resale solicit cigarette sales in this state for any manufacturer or permittee without first obtaining a unless the person has filed an application for and obtained a valid certificate under s. 73.03 (50) and a salesperson's permit from the department of revenue. No manufacturer or permittee shall authorize any person to sell cigarettes or take orders for cigarettes solicit cigarette sales in this state without first having such person secure unless the person has filed an application for and obtained a valid certificate under s. 73.03 (50) and a salesperson's permit. No person shall authorize the sale or solicitation of cigarettes in this state unless the person has filed an application for and obtained a valid certificate under s. 73.03 (50) and a valid permit under s. 139.34. The department shall issue the required number of permits to manufacturers and permittees who hold a valid certificate issued under s. 73.03 (50). Each application for a permit shall disclose the name and address of the employer or the person for whom the sales person is soliciting and such permit shall remain effective only while the salesperson represents such named employer or person. If such salesperson is thereafter employed by another manufacturer or permittee person, the salesperson shall obtain a new salesperson's permit. Each manufacturer and permittee shall notify the department within 10 days after the resignation or dismissal of any such salesperson holding a permit.

AB1170, s. 37 Section 37. 139.40 (1) of the statutes is amended to read:

AB1170,14,8 139.40 (1) All cigarettes acquired, owned, imported, possessed, kept, stored, made, sold, distributed or transported in violation of this chapter or s. 134.65, and all personal property used in connection therewith is unlawful property and subject to seizure by the secretary or any peace officer. All cigarettes seized for violating s. 139.31 (4) or (5) shall be destroyed.

AB1170, s. 38 Section 38. 139.40 (2) of the statutes is amended to read:

AB1170,14,19 139.40 (2) If cigarettes which do not bear the proper tax stamps or on which the tax has not been paid Cigarettes that are so seized they as provided under sub. (1) may be given to law enforcement officers to use in criminal investigations or sold to qualified buyers by the secretary, without notice. If the cigarettes are sold, after deducting the costs of the sale and the keeping of storing the property, the proceeds of the sale shall be paid into the state treasury. If the secretary finds that such cigarettes may deteriorate or become unfit for use in criminal investigations or for sale or that those uses would otherwise be impractical, the secretary may order them destroyed or give them to a charitable or penal institution for free distribution to patients or inmates.

AB1170, s. 39 Section 39. 139.44 (1m) of the statutes is amended to read:

AB1170,14,23 139.44 (1m) Any person who falsely or fraudulently tampers with a cigarette meter impression machine in order to evade the tax under s. 139.31 is guilty of a Class G felony.

AB1170, s. 40 Section 40. 139.44 (2) of the statutes is amended to read:

AB1170,15,4 139.44 (2) Any person who makes or signs any false or fraudulent report or who attempts to evade the tax imposed by s. 139.31 or 139.76, or who aids in or abets the evasion or attempted evasion of that tax may be fined not more than $10,000 or imprisoned for not more than 9 months or both, is guilty of a Class H felony.

AB1170, s. 41 Section 41. 139.44 (3) of the statutes is amended to read:

AB1170,15,10 139.44 (3) Any permittee or licensee who fails to keep the records required by ss. 139.30 to 139.42 or 139.77 to 139.82 shall be fined not less than $100 $500 nor more than $500 $1,000 for the first offense and shall be fined not less than $1,000 nor more than $5,000 or imprisoned not more than 6 months 180 days or both for the 2nd or subsequent offense.

AB1170, s. 42 Section 42. 139.44 (4) of the statutes is amended to read:

AB1170,15,15 139.44 (4) Any person who refuses to permit the examination or inspection authorized in s. 139.39 (2) or 139.83 may be fined not more less than $500 nor more than $1,000 or imprisoned not more than 90 180 days or both. Such refusal shall be cause for immediate suspension or revocation of permit or license by the secretary.

AB1170, s. 43 Section 43. 139.44 (5) of the statutes is amended to read:

AB1170,15,20 139.44 (5) Any person who violates any of the provisions of ss. 139.30 to 139.41 or 139.75 to 139.83 for which no other penalty is prescribed shall be fined not less than $100 nor more than $1,000 $10,000 or imprisoned not less than 10 days nor more than 90 days 9 months or both.

AB1170, s. 44 Section 44. 139.44 (6) of the statutes is amended to read:

AB1170,15,24 139.44 (6) Any person who violates any of the rules of the department shall be fined not less than $100 $500 nor more than $500 $1,000 or be imprisoned not more than 6 9 months or both.

AB1170, s. 45 Section 45. 139.44 (6m) of the statutes is created to read:

AB1170,16,3 139.44 (6m) Any person who manufactures or sells cigarettes in this state without holding the proper permit issued under this subchapter is guilty of a Class I felony.

AB1170, s. 46 Section 46. 139.44 (7) of the statutes is amended to read:

AB1170,16,9 139.44 (7) In addition to the penalties imposed for violation of ss. 139.30 to 139.41 or 139.75 to 139.83 or any of the rules of the department, the permit of any person convicted of a 2nd or subsequent offense shall be automatically revoked and he or she the person shall not be granted another permit for a period of 2 5 years following such revocation.

AB1170, s. 47 Section 47. 139.75 (2) of the statutes is amended to read:

AB1170,16,14 139.75 (2) "Consumer" means any individual who receives tobacco products for his or her personal use or consumption or any person individual who has title to or possession of tobacco products in storage for use or other consumption in this state any purpose other than for sale or resale.

AB1170, s. 48 Section 48. 139.75 (3g) of the statutes is created to read:

AB1170,16,17 139.75 (3g) "Direct marketer" means any person who solicits or sells tobacco products to consumers in this state by direct marketing.

AB1170, s. 49 Section 49. 139.75 (3r) of the statutes is created to read:

AB1170,16,22 139.75 (3r) "Direct marketing" means publishing or making accessible an offer for the sale of tobacco products to consumers in this state, or selling tobacco products to consumers in this state, using any means by which the consumer is not physically present on a premise that sells tobacco products.

AB1170, s. 50 Section 50. 139.75 (4) (a) of the statutes is amended to read:

AB1170,17,3 139.75 (4) (a) Any person in this state engaged in the business of selling tobacco products in this state who brings, or causes to be brought, into this state from outside the state any tobacco products for sale;

AB1170, s. 51 Section 51. 139.75 (4) (c) of the statutes is amended to read:

AB1170,17,7 139.75 (4) (c) Any person outside this state engaged in the business of selling tobacco products outside this state who ships or transports tobacco products to retailers in this state to be sold by those retailers.

AB1170, s. 52 Section 52. 139.75 (4) (cm) of the statutes is created to read:

AB1170,17,10 139.75 (4) (cm) Any person outside this state engaged in the business of selling tobacco products who ships or transports tobacco products to consumers in this state.

AB1170, s. 53 Section 53. 139.75 (4n) of the statutes is created to read:

AB1170,17,12 139.75 (4n) "Identification card" has the meaning given in s. 134.66 (1) (c).

AB1170, s. 54 Section 54. 139.75 (7) of the statutes is amended to read:

AB1170,17,15 139.75 (7) "Retail outlet" means each place of business from which tobacco products are sold to consumers by a retailer.

AB1170, s. 55 Section 55. 139.75 (8) of the statutes is amended to read:

AB1170,17,18 139.75 (8) "Retailer" means any person engaged in the business of selling tobacco products to ultimate consumers has the meaning given in s. 134.66 (1) (g).

AB1170, s. 56 Section 56. 139.76 (3) of the statutes is created to read:

AB1170,17,22 139.76 (3) Except as provided in sub. (2), no person may possess tobacco products in this state unless the tax imposed under sub. (1) is paid on such tobacco products.

AB1170, s. 57 Section 57. 139.78 (1m) of the statutes is created to read:

AB1170,18,3 139.78 (1m) Except as provided in s. 139.76 (2), no person other than a distributor with a valid permit under s. 139.79 may import into this state tobacco products for which the tax imposed under s. 139.76 (1) has not been paid.

AB1170, s. 58 Section 58. 139.79 (title) of the statutes is amended to read:

AB1170,18,5 139.79 (title) Permits; distributor; subjobber.

AB1170, s. 59 Section 59. 139.79 (1) of the statutes is amended to read:

AB1170,18,10 139.79 (1) No person may engage in the business of a distributor, direct marketer, or subjobber of tobacco products at any place of business unless that person has filed an application for and obtained a permit from the department to engage in that business at such place.

AB1170, s. 60 Section 60. 139.79 (2) of the statutes is amended to read:

AB1170,18,13 139.79 (2) Section 139.34 (1) (b) (c) to (f), (4) and (9) applies to the permits under this section.

AB1170, s. 61 Section 61. 139.795 of the statutes is created to read:

AB1170,18,20 139.795 Direct marketing. (1) (a) No person may sell tobacco products by direct marketing to consumers in this state as a direct marketer or solicit sales of tobacco products to consumers in this state by direct marketing unless the person has obtained a permit from the department to make such sales or solicitations. The person shall file an application for a permit under this subsection with the department, in the manner prescribed by the department.

AB1170,18,24 (b) No person may be issued a permit under this subsection unless the person holds a valid distributor's permit under s. 139.79. Section 139.34 (1) (c) to (f), (4), and (9), as it applies to permits issued under s. 139.34, applies to permits issued under this subsection.

AB1170,19,8 (c) No person may be issued a permit under this subsection unless the person certifies to the department, in the manner prescribed by the department, that the person shall register with credit card and debit card companies; that the invoices and all means of solicitation for all shipments of tobacco product sales from the person shall bear the person's name and address and the permit number of the permit ultimately issued under this subsection; and that the person shall provide the department any information the department considers necessary to administer this section.

AB1170,19,11 (2) No person may sell tobacco products to consumers in this state by direct marketing unless the tax imposed under s. 139.76, and under s. 77.52 or 77.53, has been paid with regard to such products.

AB1170,19,13 (3) No person may sell tobacco products to a consumer in this state by direct marketing unless the person does all of the following:

AB1170,19,15 (a) Verifies the consumer's identity and address and that the consumer is at least 18 years of age by any of the following methods:

AB1170,19,17 1. The person uses a database that includes information based on public records.

AB1170,19,19 2. a. The person receives from the consumer, at the time of purchase, a copy of an identification card.

AB1170,19,21 b. The name specified on the identification card matches the name of the consumer.

AB1170,19,23 c. The birth date on the identification card verifies that the consumer is at least 18 years of age.

AB1170,19,25 3. The person uses a mechanism, other than a mechanism specified under subd. 1. or 2., that is approved by the department.

AB1170,20,2 (b) Obtains from the consumer, at the time of purchase, a statement signed by the consumer that confirms all of the following:

AB1170,20,3 1. The consumer's name, address, and birth date.

AB1170,20,6 2. That the consumer understands that no person who is under 18 years of age may purchase or possess tobacco products or falsely represent his or her age for the purpose of receiving tobacco products, as provided under s. 254.92.

AB1170,20,14 3. That the consumer understands that any person who, for the purpose of obtaining credit, goods, or services, intentionally uses, attempts to use, or possesses with intent to use, any personal identifying information or personal identification document of an individual, including a deceased individual, without the authorization or consent of the individual and by representing that he or she is the individual, that he or she is acting with the authorization or consent of the individual, or that the information or document belongs to him or her, is guilty of a Class H felony, as provided under s. 943.201.

AB1170,20,19 (4) Any person who, without having a valid permit under sub. (1), sells or solicits sales of tobacco products to consumers in this state by direct marketing shall pay a penalty to the department of $5,000 or an amount that is equal to 50 percent of the tax due on the tobacco products the person sold, without having a valid permit under sub. (1), to consumers in this state by direct marketing, whichever is greater.

AB1170,21,2 (5) (a) No person may deliver a package of tobacco products sold by direct marketing to a consumer in this state unless the person making the delivery receives an identification card from the person receiving the package and verifies that the person receiving the package is at least 18 years of age. If the person receiving the package is not the person to whom the package is addressed, the person delivering the package shall have the person receiving the package sign a statement that affirms that the person to whom the package is addressed is at least 18 years of age.

AB1170,21,7 (b) No person may deliver a package of tobacco products to a consumer in this state unless the seller of the tobacco products provides proof to the person making the delivery that the seller has complied with all requirements under this subchapter. A seller shall have no course of action against any person who refuses to deliver tobacco products as provided under this paragraph.

AB1170, s. 62 Section 62. 139.81 (1) of the statutes is amended to read:

AB1170,21,24 139.81 (1) No person may sell or take orders for tobacco products for resale or solicit sales of tobacco products in this state for any manufacturer or permittee unless the person has filed an application for and obtained a valid certificate under s. 73.03 (50) and a salesperson's permit from the department. No manufacturer or permittee shall authorize any person to sell or take orders for tobacco products or solicit sales of tobacco products in this state unless the person has filed an application for and obtained a valid certificate under s. 73.03 (50) and a salesperson's permit. No person may authorize the sale or solicitation of tobacco products in this state unless the person has filed an application for and obtained a valid certificate under s. 73.03 (50) and a valid permit under s. 139.79. Each application for a permit shall disclose the name and address of the employer or the person for whom the salesperson is soliciting and shall remain effective only while the salesperson represents the named employer or person. If the salesperson is thereafter employed by another manufacturer or permittee person the salesperson shall obtain a new salesperson's permit. Each manufacturer and permittee shall notify the department within 10 days after the resignation or dismissal of any salesperson holding a permit.

AB1170, s. 63 Section 63. 139.81 (2) of the statutes is amended to read:

AB1170,22,2 139.81 (2) Section 139.34 (1) (b) (c) to (e) applies to the permits under this section.

AB1170, s. 64 Section 64. Effective date.

AB1170,22,4 (1) This act takes effect on July 1, 2006.

AB1170,22,5 (End)