AB1170: Bill Text

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)