254.911 (2) "Governmental regulatory authority" means the department; the, a local health department, a state agency, or a state or local law enforcement agency with which the department contracts under s. 254.916 (1) (a); or the a person with whom the local health department, state agency, or state or local law enforcement agency contracts to conduct investigations authorized under s. 254.916 (1) (a).
75,10
Section
10. 254.916 (title) of the statutes is repealed and recreated to read:
254.916 (title) Investigations.
75,11
Section
11. 254.916 (1) (a) of the statutes is repealed and recreated to read:
254.916 (1) (a) A governmental regulatory authority may conduct unannounced investigations at retail outlets, including tobacco vending machine premises, to enforce compliance with s. 134.66 (2) (a) and (am) or a local ordinance adopted under s. 134.66 (5). The department may contract with a local health department, a state agency, or a state or local law enforcement agency to conduct investigations authorized under this section, and a local health department, state agency, or state or local law enforcement agency may contract with any other person to conduct those investigations. A person who contracts to conduct investigations authorized under this section shall agree in the contract to train all individuals conducting investigations under the contract in accordance with the standards established under par. (b) and to suspend from conducting any further investigations for not less than 6 months any individual who fails to meet the requirements of sub. (3) (a) to (f) and the standards established by the department.
75,12
Section
12. 254.916 (1) (b) of the statutes is amended to read:
254.916 (1) (b) The department, in consultation with retailers and other governmental regulatory authorities and with retailers, shall establish standards for procedures and training for conducting investigations under this section.
75,13
Section
13. 254.916 (1) (c) of the statutes is amended to read:
254.916 (1) (c) No retailer may be subject to unannounced investigations subjected to an unannounced investigation more than twice annually unless the retailer is found to have violated s. 134.66 (2) (a) or (am), or a local ordinance adopted under s. 134.66 (5), during each the most recent investigation.
75,14
Section
14. 254.916 (3) (e) of the statutes is amended to read:
254.916
(3) (e) A governmental regulatory authority shall make a good faith effort to make known to the retailer or the retailer's employee or agent, within 72 hours after the occurrence of the violation, the results of an investigation, including the issuance of any citation by a governmental regulatory authority for a violation that occurs during the conduct of the investigation. This paragraph does not apply to investigations conducted under a grant received under
42 USC 300x-021 42 USC 300x-21.
75,15
Section
15. 254.916 (3) (f) (intro.) of the statutes is amended to read:
254.916
(3) (f) (intro.) Except with respect to investigations conducted under
42 USC 300x-021 or 21 CFR part 897 a grant received under 42 USC 300x-21, all of the following information shall be reported to the retailer within 10 days after the conduct of an investigation under this section:
75,16
Section
16. 254.916 (4) of the statutes is repealed.
75,17
Section
17. 254.916 (5) of the statutes is amended to read:
254.916 (5) No evidence obtained during or otherwise arising from the course of an investigation under this section that is used to prosecute a person for a violation of s. 134.66 (2) (a) or (am) or a local ordinance adopted under s. 134.66 (5) may be used in the prosecution of an alleged violation of s. 125.07 (3).
75,18
Section
18. 254.916 (8) of the statutes is amended to read:
254.916 (8) A governmental regulatory agency that conducts an investigation under this section shall meet the requirements of sub. (3) (a) to (f) and the standards established by the department of health and family services. The department shall annually evaluate the investigation program of each governmental regulatory authority. If, at any time, a governmental regulatory authority fails to meet the standards, the department of health and family services may terminate the contract under sub. (1).
75,18g
Section 18g. 254.916 (11) of the statutes is amended to read:
254.916 (11) The department shall hold a hearing under ch. 227 if any interested person, in lieu of proceeding under ch. 68, appeals to the department alleging that the A person making conducting an investigation of the appellant has under this section may not have a financial interest in a regulated cigarette and tobacco product retailer, a tobacco vending machine operator, a tobacco vending machine premises or, or a tobacco vending machine that may interfere with his or her ability to properly take that action conduct that investigation. A person who is investigated under this section may request the local health department or local law enforcement agency that contracted for the investigation to conduct a review under ch. 68 to determine whether the person conducting the investigation is in compliance with this subsection or, if applicable, may request the state agency or state law enforcement agency that contracted for the investigation to conduct a contested case hearing under ch. 227 to make that determination. The results of an investigation that is conducted by a person who is not in compliance with this subsection may not be used to prosecute a violation of s. 134.66 (2) (a) or (am) or a local ordinance adopted under s. 134.66 (5).
75,19
Section
19. 254.92 (4) of the statutes is created to read:
254.92 (4) A county, town, village, or city may enact an ordinance regulating the conduct regulated by this section only if the ordinance strictly conforms to this section. A county ordinance enacted under this subsection does not apply within a town, village, or city that has enacted or enacts an ordinance under this subsection.
75,20
Section
20. 778.25 (1) (a) 4. of the statutes is created to read:
778.25 (1) (a) 4. Under s. 254.92 or under a local ordinance strictly conforming to s. 254.92 brought against an adult in circuit court or against a minor in the court assigned to exercise jurisdiction under chs. 48 and 938.
75,21
Section
21
.
Nonstatutory provisions.
(1) Compliance training program development. By the first day of the 3rd month beginning after the effective date of this subsection, the department of health and family services shall develop or approve the training program, and shall develop the form, required under section 134.66 (2m) (a) of the statutes, as created by this act. Notwithstanding section 227.10 (1) of the statutes, the department of health and family services is not required to promulgate that training program or form as rules.
(2) Training of current employees. Notwithstanding section 134.66 (2m) (a) of the statues, as created by this act, no later than the first day of the 2nd month beginning after the effective date of this subsection a retailer, as defined in section 134.66 (1) (g) of the statutes, shall provide the training described in section 134.66 (2m) (a) of the statutes, as created by this act, to all individuals who were agents, employees, or independent contractors of the retailer on the day before the effective date of this subsection.
75,22
Section
22.
Initial applicability.
(1) Compliance investigation contracts. The treatment of section 254.916 (1) (a) (with respect to compliance investigation contracts) of the statutes first applies to a compliance investigation contract that is entered into or extended, modified, or renewed on the effective date of this subsection.
75,23
Section
23.
Effective dates. This act takes effect on the day after publication, except as follows:
(1) Compliance training requirement. The treatment of section 134.66 (2m) of the statutes and Section 21 (2
) of this act take effect on the first day of the 3rd month beginning after publication.
