LRB-2839/1
TJD&MCP:kjf&amn
2019 - 2020 LEGISLATURE
August 22, 2019 - Introduced by Senators Marklein, Bewley,
Darling, Olsen,
Shilling, Johnson, Larson, Risser, Schachtner, L. Taylor, Wanggaard,
Wirch and Cowles, cosponsored by Representatives Spiros,
Crowley,
Dittrich, L. Myers, Oldenburg, Rodriguez, Rohrkaste, Sargent, Vruwink,
Bowen, Considine, Doyle, Emerson, Goyke, Haywood, James, Kolste, B.
Meyers, Milroy, Mursau, Ohnstad, Pope, Sinicki, Spreitzer, Steffen,
Stubbs, Subeck, C. Taylor, Wittke, Zamarripa and Fields. Referred to
Committee on Health and Human Services.
SB364,1,9
1An Act to amend 134.66 (title), 134.66 (1) (g), 134.66 (2) (a), (am), (b) and (cm)
21m., 134.66 (2m) (a), 134.66 (3), 139.345 (3) (a) (intro.), 139.345 (3) (b) 2.,
3139.345 (7) (a), subchapter IX (title) of chapter 254 [precedes 254.911], 254.916
4(2) (intro.), 254.916 (3) (a), (b), (c) and (d), 254.916 (3) (f) 2., 254.92 (title), 254.92
5(1), 254.92 (2), 254.92 (2m) (intro.) and 254.92 (3); and
to create 134.66 (1) (jm),
6254.911 (11) and 254.916 (2) (d) of the statutes;
relating to: raising the legal
7age for sale, purchase, and possession of cigarettes and nicotine and tobacco
8products, providing a legal age for sale, purchase, and possession of vapor
9products, and providing a penalty.
Analysis by the Legislative Reference Bureau
This bill changes the age for purchasing cigarettes, tobacco products, or
nicotine products from 18 to 21, and imposes a minimum age for purchasing vapor
products. Nicotine products are products that contain nicotine and that are not
tobacco products, cigarettes, or products that have been approved by the federal Food
and Drug Administration for sale as a smoking cessation product. Tobacco products
include products such as cigars, chewing tobacco, and smoking tobacco. Vapor
products are noncombustible products that produce a vapor or aerosol for inhalation
from the application of a heating element, regardless of whether the liquid or other
substance contains nicotine.
Currently, no person under the age of 18 may purchase, attempt to purchase,
possess, or falsely represent his or her age for the purpose of receiving any cigarette,
nicotine product, or tobacco product with certain limited exceptions. Current law
also prohibits any person from purchasing cigarettes, tobacco products, or nicotine
products on behalf of a person who is under the age of 18 and subjects that purchaser
to a penalty. Current law also prohibits a person from delivering a package of
cigarettes unless the person making the delivery verifies that the person receiving
the package is at least 18 years of age. The bill changes these ages from 18 to 21.
The bill similarly prohibits the purchase of vapor products by or on behalf of a person
under the age of 21.
Current law prohibits a retailer, manufacturer, distributor, jobber, subjobber,
or independent contractor or an employee or agent of any of these persons from
selling or providing cigarettes or tobacco or nicotine products to an individual who
is under the age of 18 and from providing cigarettes or tobacco or nicotine products
to any person for free unless the cigarettes or products are provided in a place where
persons under 18 years of age are generally not permitted to enter. Current law also
prohibits a retailer or vending machine operator from selling cigarettes or tobacco
or nicotine products from a vending machine unless the retailer or vending machine
operator ensures that no person under 18 years of age is present on or permitted to
enter the premises where the machine is located. The bill changes these ages from
18 to 21. The bill similarly prohibits the sale or provision of vapor products to a
person under the age of 21.
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:
SB364,1
1Section 1
. 134.66 (title) of the statutes is amended to read:
SB364,2,3
2134.66 (title)
Restrictions on sale or gift of cigarettes or nicotine, vapor,
3or tobacco products.
SB364,2
4Section 2
. 134.66 (1) (g) of the statutes is amended to read:
SB364,2,85
134.66
(1) (g) “Retailer" means any person licensed under s. 134.65 (1)
and any
6person that sells, exposes for sale, possesses with intent to sell, exchanges, barters,
7disposes of, or gives away any vapor products to any person not holding a license
8under s. 134.65 (1), 139.30 to 139.41, or 139.79.
SB364,3
1Section
3. 134.66 (1) (jm) of the statutes is created to read:
SB364,3,22
134.66
(1) (jm) “Vapor product" has the meaning given in s. 139.75 (14).
SB364,4
3Section
4. 134.66 (2) (a), (am), (b) and (cm) 1m. of the statutes are amended
4to read:
SB364,3,135
134.66
(2) (a) No retailer, direct marketer, manufacturer, distributor, jobber or
6subjobber, no agent, employee or independent contractor of a retailer, direct
7marketer, manufacturer, distributor, jobber or subjobber and no agent or employee
8of an independent contractor may sell or provide for nominal or no consideration
9cigarettes, nicotine products,
or tobacco products
, or vapor products to any person
10under the age of
18 21, except as provided in s. 254.92 (2) (a). A vending machine
11operator is not liable under this paragraph for the purchase of cigarettes, nicotine
12products, or tobacco products from his or her vending machine by a person under the
13age of
18 21 if the vending machine operator was unaware of the purchase.
SB364,3,2214
(am) No retailer, direct marketer, manufacturer, distributor, jobber, subjobber,
15no agent, employee or independent contractor of a retailer, direct marketer,
16manufacturer, distributor, jobber or subjobber and no agent or employee of an
17independent contractor may provide for nominal or no consideration cigarettes,
18nicotine products,
or tobacco products
, or vapor products to any person except in a
19place where no person younger than
18 21 years of age is present or permitted to
20enter unless the person who is younger than
18
21 years of age is accompanied by his
21or her parent or guardian or by his or her spouse who has attained the age of
18 21 22years.
SB364,4,223
(b) 1. A retailer shall post a sign in areas within his or her premises where
24cigarettes
or, tobacco products
, or vapor products are sold to consumers stating that
1the sale of any cigarette
or, tobacco product
, or vapor product to a person under the
2age of
18 21 is unlawful under this section and s. 254.92.
SB364,4,63
2. A vending machine operator shall attach a notice in a conspicuous place on
4the front of his or her vending machines stating that the purchase of any cigarette
5or, tobacco product
, or vapor product by a person under the age of
18
21 is unlawful
6under s. 254.92 and that the purchaser is subject to a forfeiture of not to exceed $50.
SB364,4,127
(cm) 1m. A retailer or vending machine operator may not sell cigarettes
or, 8tobacco products
, or vapor products from a vending machine unless the vending
9machine is located in a place where the retailer or vending machine operator ensures
10that no person younger than
18 21 years of age is present or permitted to enter unless
11he or she is accompanied by his or her parent or guardian or by his or her spouse who
12has attained the age of
18 21 years.
SB364,5
13Section 5
. 134.66 (2m) (a) of the statutes is amended to read:
SB364,5,314
134.66
(2m) (a) Except as provided in par. (b), at the time that a retailer hires
15or contracts with an agent, employee, or independent contractor whose duties will
16include the sale of cigarettes
, vapor products, or tobacco products, the retailer shall
17provide the agent, employee, or independent contractor with training on compliance
18with sub. (2) (a) and (am), including training on the penalties under sub. (4) (a) 2. for
19a violation of sub. (2) (a) or (am). The department of health services shall make
20available to any retailer on request a training program developed or approved by that
21department that provides the training required under this paragraph. A retailer
22may comply with this paragraph by providing the training program developed or
23approved by the department of health services or by providing a comparable training
24program approved by that department. At the completion of the training, the retailer
25and the agent, employee, or independent contractor shall sign a form provided by the
1department of health services verifying that the agent, employee, or independent
2contractor has received the training, which the retailer shall retain in the personnel
3file of the agent, employee, or independent contractor.
SB364,6
4Section
6. 134.66 (3) of the statutes is amended to read:
SB364,5,105
134.66
(3) Defense; sale to minor. Proof of all of the following facts by a
6retailer, manufacturer, distributor, jobber, or subjobber, an agent, employee, or
7independent contractor of a retailer, manufacturer, distributor, jobber, or subjobber,
8or an agent or employee of an independent contractor who sells cigarettes
or, tobacco
9products
, or vapor products to a person under the age of
18 21 is a defense to any
10prosecution, or a complaint made under s. 134.65 (7), for a violation of sub. (2) (a):
SB364,5,1211
(a) That the purchaser falsely represented that he or she had attained the age
12of
18 21 and presented an identification card.
SB364,5,1413
(b) That the appearance of the purchaser was such that an ordinary and
14prudent person would believe that the purchaser had attained the age of
18 21.
SB364,5,1715
(c) That the sale was made in good faith, in reasonable reliance on the
16identification card and appearance of the purchaser and in the belief that the
17purchaser had attained the age of
18 21.
SB364,7
18Section 7
. 139.345 (3) (a) (intro.) of the statutes is amended to read:
SB364,5,2019
139.345
(3) (a) (intro.) Verifies the consumer's name and address and that the
20consumer is at least
18 21 years of age by any of the following methods:
SB364,8
21Section 8
. 139.345 (3) (b) 2. of the statutes is amended to read:
SB364,5,2422
139.345
(3) (b) 2. That the consumer understands that no person who is under
2318 21 years of age may purchase or possess cigarettes or falsely represent his or her
24age for the purpose of receiving cigarettes, as provided under s. 254.92.
SB364,9
25Section 9
. 139.345 (7) (a) of the statutes is amended to read:
SB364,6,8
1139.345
(7) (a) No person may deliver a package of cigarettes sold by direct
2marketing to a consumer in this state unless the person making the delivery receives
3a government issued identification card from the person receiving the package and
4verifies that the person receiving the package is at least
18 21 years of age. If the
5person receiving the package is not the person to whom the package is addressed, the
6person delivering the package shall have the person receiving the package sign a
7statement that affirms that the person to whom the package is addressed is at least
818 21 years of age.
SB364,10
9Section 10
. Subchapter IX (title) of chapter 254 [precedes 254.911] of the
10statutes is amended to read:
SB364,6,1212
SUBCHAPTER IX
SB364,6,1313
SALE OR GIFT OF CIGARETTES
,
SB364,6,14
14NICOTINE PRODUCTS, VAPOR
SB364,6,15
15PRODUCTS, OR TOBACCO
SB364,6,1616
PRODUCTS TO MINORS
SB364,11
17Section 11
. 254.911 (11) of the statutes is created to read:
SB364,6,1818
254.911
(11) “Vapor product” has the meaning given in s. 139.75 (14).
SB364,12
19Section 12
. 254.916 (2) (intro.) of the statutes is amended to read:
SB364,6,2320
254.916
(2) (intro.)
With the permission of his or her parent or guardian, a A 21person under
18 21 years of age, but not under 15 years of age, may buy, attempt to
22buy
, or possess any cigarette, nicotine product,
or tobacco product
, or vapor product 23if all of the following are true:
SB364,13
24Section
13. 254.916 (2) (d) of the statutes is created to read:
SB364,7,2
1254.916
(2) (d) If the person is under 18 years of age, he or she has obtained
2permission from his or her parent or guardian to participate in the investigation.
SB364,14
3Section
14. 254.916 (3) (a), (b), (c) and (d) of the statutes are amended to read:
SB364,7,64
254.916
(3) (a) If questioned about his or her age during the course of an
5investigation, the
minor person under 21 years of age used in the investigation shall
6state his or her true age.
SB364,7,87
(b) A
minor person under 21 years of age may not be used for the purposes of
8an investigation at a retail outlet at which the
minor person is a regular customer.
SB364,7,109
(c) The appearance of a
minor person under 21 years of age may not be
10materially altered so as to indicate greater age.
SB364,7,1511
(d) A photograph or videotape of the
minor person under 21 years of age used
12in the investigation shall be made before or after the investigation or series of
13investigations on the day of the investigation or series of investigations. If a
14prosecution results from an investigation, the photograph or videotape shall be
15retained until the final disposition of the case.
SB364,15
16Section
15. 254.916 (3) (f) 2. of the statutes is amended to read:
SB364,7,1817
254.916
(3) (f) 2. The age of the
minor person under 21 years of age used in the
18investigation.
SB364,16
19Section 16
. 254.92 (title) of the statutes is amended to read:
SB364,7,21
20254.92 (title)
Purchase or possession of cigarettes or, tobacco products,
21nicotine products, or vapor products by person under
18 21 prohibited.
SB364,17
22Section 17
. 254.92 (1) of the statutes is amended to read:
SB364,7,2523
254.92
(1) No person under
18
21 years of age may falsely represent his or her
24age for the purpose of receiving any cigarette, nicotine product,
or tobacco product
,
25or vapor product.
SB364,18
1Section
18. 254.92 (2) of the statutes is amended to read:
SB364,8,42
254.92
(2) No person under
18
21 years of age may purchase, attempt to
3purchase, or possess any cigarette, nicotine product,
or tobacco product
, or vapor
4product except as follows:
SB364,8,85
(a) A person under
18 21 years of age may purchase or possess cigarettes,
6nicotine products,
or tobacco products
, or vapor products for the sole purpose of resale
7in the course of employment during his or her working hours if employed by a
8retailer.
SB364,8,129
(b) A person under
18 21 years of age, but not under 15 years of age, may
10purchase, attempt to purchase or possess cigarettes, nicotine products,
or tobacco
11products
, or vapor products in the course of his or her participation in an
12investigation under s. 254.916 that is conducted in accordance with s. 254.916 (3).
SB364,19
13Section 19
. 254.92 (2m) (intro.) of the statutes is amended to read:
SB364,8,1614
254.92
(2m) (intro.) No person may purchase cigarettes, tobacco products,
or 15nicotine products
, or vapor products on behalf of, or to provide to, any person who is
16under
18 21 years of age. Any person who violates this subsection may be:
SB364,20
17Section 20
. 254.92 (3) of the statutes is amended to read:
SB364,8,2018
254.92
(3) A law enforcement officer shall seize any cigarette, nicotine product,
19or tobacco product
, or vapor product that has been sold to and is in the possession of
20a person under
18 21 years of age.
SB364,21
21Section 21
.
Initial applicability.