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
1An Act to repeal 254.916 (4);
to amend 134.66 (5), subchapter IX (title) of
2chapter 254 [precedes 254.911], 254.911 (2), 254.916 (1) (c), 254.916 (5) and
3254.916 (8);
to repeal and recreate 254.916 (title) and 254.916 (1) (a); and
to
4create 134.65 (1m) of the statutes;
relating to: investigations of compliance
5with certain prohibitions against selling or giving cigarettes and tobacco
6products to minors and requiring certain information to be included on an
7application for a license to sell, expose for sale, possess with intent to sell,
8exchange, 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-SSA1,2,210
134.65
(1m) A city, village or town clerk may not issue a license under sub. (1)
11unless the applicant specifies in the license application whether the applicant will
1sell, exchange, barter, dispose of or give away the cigarette or tobacco products over
2the counter or in a vending machine, or both.
SB334-SSA1,2,124
134.66
(5). A county, town, village or city may adopt an ordinance regulating
5the conduct regulated by this section only if it strictly conforms to this section. A
6county ordinance adopted under this subsection does not apply within any town,
7village or city that has adopted or adopts an ordinance under this subsection.
If a
8county, town, village or city conducts unannounced investigations of retail outlets,
9as defined in s. 254.911 (5), to determine compliance with an ordinance adopted
10under this subsection, the investigations shall meet the requirements of s. 254.916
11(3) and any standards established by the department of health and family services
12under s. 254.916 (1) (b).
SB334-SSA1,2,1916
SUBCHAPTER IX
17INVESTIGATIONS OF THE SALE OR
18
GIFT OF CIGARETTES OR
19
TOBACCO PRODUCTS TO MINORS
SB334-SSA1,3,222
254.911
(2) "Governmental regulatory authority" means the department
; the,
23a local health department,
a state agency or
a state or local law enforcement agency
;
24a local health department, state agency or a state or local law enforcement agency 25with which the department contracts under s. 254.916 (1) (a); or
the a person with
1whom the local health department, state agency or
state or local law enforcement
2agency contracts
to conduct investigations authorized under s. 254.916 (1) (a).
SB334-SSA1,3,5
5254.916 (title)
Investigations.
SB334-SSA1,3,128
254.916
(1) (a) A governmental regulatory authority may conduct
9unannounced investigations at retail outlets, including tobacco vending machine
10premises, to enforce compliance with s. 134.66 (2) (a) and (am) or a local ordinance
11adopted under s. 134.66 (5). The department may contract with a governmental
12regulatory agency to conduct investigations authorized under this section.
SB334-SSA1,3,1715
254.916
(1) (c) No retailer may be subject to unannounced investigations more
16than twice annually unless the retailer is found to have violated s. 134.66 (2) (a) or
17(am) during
each an investigation.
SB334-SSA1,3,2522
254.916
(5) No evidence obtained during or otherwise arising from the course
23of an investigation under this section that is used to prosecute a person for a violation
24of s. 134.66 (2) (a) or (am)
or a local ordinance adopted under s. 134.66 (5) may be used
25in the prosecution of an alleged violation of s. 125.07 (3).
SB334-SSA1,4,93
254.916
(8) A governmental regulatory agency
that conducts an investigation 4under this section shall meet
the requirements of sub. (3) and the standards
5established by the department of health and family services.
The department shall
6annually evaluate the investigation program of each governmental regulatory
7authority. If, at any time, a governmental regulatory authority fails to meet the
8standards, the department of health and family services may terminate the contract
9under sub. (1).