Amendment SSA1-SB334

LRBs0377/2

ISR:jlg:km

1999 - 2000 LEGISLATURE

SENATE SUBSTITUTE AMENDMENT 1, TO 1999 SENATE BILL 334

March 14, 2000 - Offered by Committee on Human Services and Aging.

SB334-SSA1,1,8 An Act to repeal 254.916 (4); to amend 134.66 (5), subchapter IX (title) of chapter 254 [precedes 254.911], 254.911 (2), 254.916 (1) (c), 254.916 (5) and 254.916 (8); to repeal and recreate 254.916 (title) and 254.916 (1) (a); and to create 134.65 (1m) of the statutes; relating to: investigations of compliance with certain prohibitions against selling or giving cigarettes and tobacco products to minors and requiring certain information to be included on an application for a license to sell, expose for sale, possess with intent to sell, exchange, barter, dispose of or give cigarettes or tobacco products to a person.

The people of the state of Wisconsin, represented in senate and assembly, do enact as follows:

SB334-SSA1, s. 1 Section 1. 134.65 (1m) of the statutes is created to read:

SB334-SSA1,2,2 134.65 (1m) A city, village or town clerk may not issue a license under sub. (1) unless the applicant specifies in the license application whether the applicant will sell, exchange, barter, dispose of or give away the cigarette or tobacco products over the counter or in a vending machine, or both.

SB334-SSA1, s. 2 Section 2. 134.66 (5) of the statutes is amended to read:

SB334-SSA1,2,12 134.66 (5). A county, town, village or city may adopt an ordinance regulating the conduct regulated by this section only if it strictly conforms to this section. A county ordinance adopted under this subsection does not apply within any town, village or city that has adopted or adopts an ordinance under this subsection. If a county, town, village or city conducts unannounced investigations of retail outlets, as defined in s. 254.911 (5), to determine compliance with an ordinance adopted under this subsection, the investigations shall meet the requirements of s. 254.916 (3) and any standards established by the department of health and family services under s. 254.916 (1) (b).

SB334-SSA1, s. 3 Section 3. Subchapter IX (title) of chapter 254 [precedes 254.911] of the statutes, as created by 1999 Wisconsin Act 9, is amended to read:

SB334-SSA1,2,15 CHAPTER 254

SB334-SSA1,2,19 SUBCHAPTER IX INVESTIGATIONS OF THE SALE OR GIFT OF CIGARETTES OR TOBACCO PRODUCTS TO MINORS

SB334-SSA1, s. 4 Section 4. 254.911 (2) of the statutes, as created by 1999 Wisconsin Act 9, is amended to read:

SB334-SSA1,3,2 254.911 (2) "Governmental regulatory authority" means the department; the, a local health department, a state agency or a state or local law enforcement agency; a local health department, 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).

SB334-SSA1, s. 5 Section 5. 254.916 (title) of the statutes, as created by 1999 Wisconsin Act 9, is repealed and recreated to read:

SB334-SSA1,3,5 254.916 (title) Investigations.

SB334-SSA1, s. 6 Section 6. 254.916 (1) (a) of the statutes, as created by 1999 Wisconsin Act 9, is repealed and recreated to read:

SB334-SSA1,3,12 254.916 (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 governmental regulatory agency to conduct investigations authorized under this section.

SB334-SSA1, s. 7 Section 7. 254.916 (1) (c) of the statutes, as created by 1999 Wisconsin Act 9, is amended to read:

SB334-SSA1,3,17 254.916 (1) (c) No retailer may be subject to unannounced investigations more than twice annually unless the retailer is found to have violated s. 134.66 (2) (a) or (am) during each an investigation.

SB334-SSA1, s. 8 Section 8. 254.916 (4) of the statutes, as created by 1999 Wisconsin Act 9, is repealed.

SB334-SSA1, s. 9 Section 9. 254.916 (5) of the statutes, as created by 1999 Wisconsin Act 9, is amended to read:

SB334-SSA1,3,25 254.916 (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).

SB334-SSA1, s. 10 Section 10. 254.916 (8) of the statutes, as created by 1999 Wisconsin Act 9, is amended to read:

SB334-SSA1,4,9 254.916 (8) A governmental regulatory agency that conducts an investigation under this section shall meet the requirements of sub. (3) 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).

SB334-SSA1,4,10 (End)