2005 - 2006 LEGISLATURE
October 21, 2005 - Introduced by Senators Robson, Brown, Risser and Hansen,
cosponsored by Representatives Molepske, Kreibich, Berceau, Sheridan,
Wasserman, Fields
and Benedict, by request of Professional Firefighters of
Wisconsin; Brad Liggett, City of Beloit Fire Chief; Larry Grorud, City of
Janesville Fire Chief; City of Two Rivers Fire Department; Manitowoc County
Tobacco Control Coalition; Association of Local Health Departments and
Boards (WALHDAB); American Heart Association, Greater Midwest
Affiliate; and American Lung Association of Wisconsin. Referred to
Committee on Job Creation, Economic Development and Consumer Affairs.
SB398,1,4 1An Act to amend 20.143 (3) (j); and to create 101.19 (1) (k), 165.25 (4) (ag) and
2167.35 of the statutes; relating to: establishing fire safety standards for
3cigarettes, granting rule-making authority, making an appropriation, and
4providing a penalty.
Analysis by the Legislative Reference Bureau
Current law does not require cigarettes to meet any standards with regard to
fire safety. This bill requires the Department of Commerce (department), by rule, to
establish fire safety standards that all cigarettes sold or offered for sale in this state
must meet. In particular, the fire safety standards must require cigarettes to stop
burning within a specified period of time if the cigarettes are not smoked and must
require cigarettes to meet performance standards with regard to reducing the risk
of certain household fires.
Under the bill, every cigarette manufacturer that seeks to permit cigarettes it
manufactures to be sold or offered for sale in this state must certify to the department
that the cigarettes meet all applicable fire safety standards. The manufacturer must
also provide a copy of this certification to each wholesaler that is authorized to sell
cigarettes in this state and that purchases the cigarettes from the manufacturer.
With certain limited exceptions, the bill prohibits the sale of uncertified cigarettes
in this state.

For further information see the state fiscal estimate, which will be printed as
an appendix to this bill.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
SB398, s. 1 1Section 1. 20.143 (3) (j) of the statutes is amended to read:
SB398,2,82 20.143 (3) (j) Safety and building operations. The amounts in the schedule for
3the purposes of chs. 101, 145, and 168 and ss. 167.35, 236.12 (2) (a), 236.13 (1) (d) and
4(2m), and 236.335. All moneys received under ch. 145, ss. 101.177 (4) (a) 4., 101.178,
5101.19, 101.63 (9), 101.654 (3), 101.73 (12), 101.82 (4), 101.9205 (3), 101.9208 (1) (b),
6101.9213 (8), 101.935, 101.951 (2), 101.952 (2), 101.955 (2), 101.973 (7), and 236.12
7(7), and 2001 Wisconsin Act 16, section 9110 (3z), shall be credited to this
SB398, s. 2 9Section 2. 101.19 (1) (k) of the statutes is created to read:
SB398,2,1110 101.19 (1) (k) Processing certifications filed by cigarette manufacturers under
11s. 167.35 (3) (a).
SB398, s. 3 12Section 3. 165.25 (4) (ag) of the statutes is created to read:
SB398,2,1413 165.25 (4) (ag) The department of justice shall furnish legal services upon
14request of the department of commerce under s. 167.35 (6).
SB398, s. 4 15Section 4. 167.35 of the statutes is created to read:
SB398,2,17 16167.35 Fire safety standards for cigarettes. (1) Definitions. In this
SB398,2,1918 (a) "Cigarette" means any roll of tobacco wrapped in paper or any substance
19other than tobacco.
1(b) "Cigarette vending machine" means any mechanical device that
2automatically dispenses cigarettes when money or tokens are deposited in the device
3in payment for the cigarettes.
SB398,3,74 (c) "Cigarette vending machine operator" means a person who acquires
5cigarettes and sells them through the use of cigarette vending machines that the
6person owns, operates, or services and that are located on premises that are owned
7or under the control of other persons.
SB398,3,88 (d) "Department" means the department of commerce.
SB398,3,109 (e) "Wholesaler" means a person who has a permit authorizing the person to
10sell cigarettes at wholesale in this state to any of the following:
SB398,3,1111 1. A person who sells cigarettes at retail.
SB398,3,1212 2. A cigarette vending machine operator.
SB398,3,1313 3. Another person who sells cigarettes at wholesale.
SB398,3,22 14(2) Fire safety standards. The department shall promulgate rules
15establishing fire safety standards for all cigarettes sold or offered for sale in this
16state. The rules shall establish standards that reduce the risk of fire caused by
17cigarettes. In promulgating the rules, the department shall consult with the
18department of health and family services to ensure that the rules do not establish
19fire safety standards that result in increased health risks to individuals who smoke
20cigarettes. The rules shall establish at least one of the following fire safety standards
21for all cigarettes sold or offered for sale in this state, in addition to other fire safety
22standards that the department of commerce determines are appropriate:
SB398,3,2523 (a) A standard that the cigarettes, if ignited, stop burning within a time period
24specified in the rules if no individual inhales through the cigarettes during that
1(b) A standard that the cigarettes meet performance standards specified in the
2rules that are established for the purpose of limiting the risk that the cigarettes will
3ignite upholstered furniture, mattresses, or other household furnishings.
SB398,4,11 4(3) Certification filed by cigarette manufacturer. (a) Each cigarette
5manufacturer that seeks to permit cigarettes it manufactures to be sold or offered
6for sale in this state shall file a written certification with the department, certifying
7that the cigarettes meet all applicable fire safety standards contained in the rules
8promulgated under sub. (2). Upon filing a certification under this subsection, a
9cigarette manufacturer shall provide a copy of the certification to every wholesaler
10that purchases the cigarettes that are the subject of the certification from the
11cigarette manufacturer.
SB398,4,1612 (b) The department shall promptly forward a copy of each certification it
13receives under par. (a) to the attorney general. The department shall establish a
14procedure by which persons who sell cigarettes at retail in this state and cigarette
15vending machine operators in this state may obtain notification of which cigarettes
16are the subject of a certification filed under par. (a).
SB398,4,1817 (c) The department shall establish a fee under s. 101.19 (1) (k) for processing
18certifications filed under par. (a).
SB398,4,21 19(4) Sale of uncertified cigarettes prohibited. (a) Except as provided in par.
20(b), no person may sell cigarettes in this state, unless the cigarettes are the subject
21of a certification filed under sub. (3) (a).
SB398,4,2422 (b) Paragraph (a) does not prohibit any person from selling cigarettes or
23offering to sell cigarettes that are not the subject of a certification filed under sub.
24(3) (a), if the cigarettes are to be sold in another state or outside of the United States.
1(5) Penalties. (a) Any wholesaler who knowingly sells cigarettes at wholesale
2in violation of sub. (4) (a) may be required to forfeit not more than $10,000 for each
SB398,5,54 (b) Any person other than a wholesaler who knowingly sells cigarettes in
5violation of sub. (4) (a) may be required to forfeit:
SB398,5,66 1. Not more than $500 for each sale of not more than 1,000 cigarettes.
SB398,5,77 2. Not more than $1,000 for each sale of more than 1,000 cigarettes.
SB398,5,108 (c) Any cigarette manufacturer that knowingly files a false certification under
9sub. (3) (a) may be required to forfeit not more than $10,000. Each false certification
10constitutes a separate offense.
SB398,5,13 11(6) Enforcement. The attorney general shall take all necessary action, upon
12the request of the department, to enforce compliance with subs. (3) and (4) and rules
13promulgated under sub. (2).
SB398, s. 5 14Section 5 . Nonstatutory provisions.
SB398,5,1915 (1) Promulgation of fire safety standards. Not later than the first day of the
1612th month beginning after the effective date of this subsection, the department of
17commerce shall submit in proposed form the rules required under section 167.35 (2)
18of the statutes, as created by this act, to the legislative council staff under section
19227.15 (1) of the statutes.
SB398, s. 6 20Section 6. Effective dates. This act takes effect on the first day of the 18th
21month beginning after publication, except as follows:
SB398,5,2322 (1) Promulgation of fire safety standards. Section 5 (1 ) of this act takes effect
23on the day after publication.
SB398,5,2424 (End)