Local health departments, in cooperation with local law enforcement
authorities, and law enforcement officers (under municipal ordinances) are required
to conduct at least one random, unannounced investigation every 2 years to ensure
compliance with the laws prohibiting the sale and gifting of cigarettes and tobacco
products. Local health departments must, in conducting the investigations,
authorize the use of minors who have written permission from a parent to assist in
the performance of research to monitor compliance with sale or gifting restrictions
and to conduct undercover operations. Except for the purposes of these
investigations using minors, however, local health departments may not, however,
contract or subcontract their regulation of restrictions on the sale or gifting of
cigarettes or tobacco products. The bill permits a county, city, town or village to enact
ordinances for these investigations that are at least as strict as the statutes. Local
health departments must annually conduct at least one random, unannounced
inspection of licensees. The amount of the fees for the annual licenses for retailers
is changed to $50, collectible by the local health departments; of this amount, DHFS
must receive $10 for its costs in setting standards, monitoring and evaluating
activities of local health departments and providing education and training to local
health departments. The affirmative defense of a retailer, manufacturer or
distributor to prosecution for the sale of cigarettes or tobacco products to a minor is
extended to a jobber, subjobber or independent contractor. The bill permits a local
board of health to adopt regulations concerning licensing requirements that are in
strict conformity with the laws governing licensing or rules promulgated by DHFS.
The bill permits a county, city, town or village to enact ordinances for regulation of
the sale or gifting of cigarettes and tobacco products that are in strict conformity with
the statutes or DHFS rules. The bill changes the definition of tobacco vending
machine to include deposit of money or tokens in the machine. The bill allows
vending machines to be placed in establishments such as factories, offices and clubs
in areas that are not accessible to the general public or to minors, and on certain
premises where fermented malt beverages or intoxicating liquor are sold. The
overall prohibition against placing a vending machine within 500 feet of a school
remains unchanged, except that the prohibition under the bill specifically prohibits
the placement of a vending machine within a school. Lastly, the bill prohibits DOR
from granting a permit to a person as a cigarette or tobacco products manufacturer,
distributor, jobber, vending machine operator, multiple retailer or warehouse
operator who (or whose employe or agent) has been found at least 6 times to be in
violation of the prohibitions against unlicensed sale or gifting of cigarettes or tobacco
products to persons who are not licensed as retailers or permitted by DOR under
certain laws.
For further information see the state and local 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:
AB1076,4,93
20.435
(1) (gm)
Licensing, review and certifying activities. The amounts in the
4schedule for the purposes specified in ss. 50.135, 50.49 (2) (b), 50.52 (2) (a), 146.50
5(8), 250.05 (6), 254.176, 254.178, 254.20 (5) and (8), 254.31 to 254.39, 254.47, 254.61
6to
254.89 254.916 and 255.08 (2), subch. IV of ch. 50 and ch. 150. All moneys received
7under ss. 50.135, 50.49 (2) (b), 50.52 (2) (a), 50.93 (1) (c), 146.50 (8) (d), 150.13, 250.05
8(6), 254.176, 254.178, 254.20 (5) and (8), 254.31 to 254.39, 254.47, 254.61 to
254.89 9254.916 and 255.08 (2) (b) shall be credited to this appropriation.
AB1076,5,123
47.03
(7) If the department decides that a business under sub. (4) would not be
4feasible and profitable in any state building, the department may contract with
5vending machine operators
, as defined in s. 254.61 (10), to install vending machines
,
6as defined in s. 254.61 (7), in the building, giving preference to blind operators of
7vending machines. The department may, under the procedures established as
8required under sub. (4) (b), charge the net proceeds of each business operating under
9this subsection. The department shall deposit the moneys from the charges made
10under this subsection in the appropriations under s. 20.445 (5) (h) and (hd) and shall
11disburse the proceeds to provide services to blind persons under sub. (4) in
12accordance with
20 USC 107 to
107f.
AB1076, s. 3
13Section
3. 48.983 (title) of the statutes is renumbered 254.92 (2) (title) and
14amended to read:
AB1076,5,1615
254.92
(2) (title)
Purchase or possession of cigarettes or tobacco products
16by a minor prohibited.
AB1076, s. 4
17Section
4. 48.983 (1) of the statutes is repealed.
AB1076, s. 5
18Section
5. 48.983 (2) of the statutes is renumbered 254.92 (2) (a), and 254.92
19(2) (a) (intro.), as renumbered, is amended to read:
AB1076,5,2120
254.92
(2) (a) (intro.) Except as provided in
sub. (3) pars. (b), (c) and (d), no
child 21minor may do any of the following:
AB1076, s. 6
22Section
6. 48.983 (3) of the statutes is renumbered 254.92 (2) (b) and amended
23to read:
AB1076,6,3
1254.92
(2) (b) A
child minor may purchase or possess cigarettes or tobacco
2products for the sole purpose of resale in the course of employment during his or her
3working hours if employed by a retailer
licensed under s. 134.65 (1).
AB1076, s. 7
4Section
7. 48.983 (4) of the statutes is renumbered 254.92 (2) (e) and amended
5to read:
AB1076,6,86
254.92
(2) (e) A law enforcement officer
or local health officer shall seize any
7cigarette or tobacco product involved in any violation of
sub. (2) committed in his or
8her presence par. (a).
AB1076, s. 8
9Section
8. 48.983 (5) of the statutes is repealed.
AB1076, s. 9
10Section
9. 77.54 (20) (c) 6. of the statutes is amended to read:
AB1076,6,1711
77.54
(20) (c) 6. For purposes of subd. 1., "premises" shall be construed broadly,
12and, by way of illustration but not limitation, shall include the lobby, aisles and
13auditorium of a theater or the seating, aisles and parking area of an arena, rink or
14stadium or the parking area of a drive-in or outdoor theater. The premises of a
15caterer with respect to catered meals or beverages shall be the place where served.
16Vending machine premises The premises of a vending machine, as defined in s.
17254.61 (7), shall include the room or area in which located.
AB1076, s. 10
18Section
10. 101.123 (1) (ah) of the statutes is created to read:
AB1076,6,1919
101.123
(1) (ah) "Health care provider" means any of the following:
AB1076,6,2020
1. A nurse licensed under ch. 441.
AB1076,6,2121
2. A dentist licensed under ch. 447.
AB1076,6,2222
3. A physician licensed under ch. 448.
AB1076,6,2423
4. A partnership of any providers specified under subds. 1. to 3. that provides
24health care services.
AB1076,7,2
15. A corporation or limited liability company of any providers specified under
2subds. 1. to 3. that provides health care services.
AB1076, s. 11
3Section
11. 101.123 (1) (c) of the statutes is amended to read:
AB1076,7,74
101.123
(1) (c) "Office" means any area, whether publicly or privately owned
5or occupied, that serves as a place of work at which the principal activities consist
6of professional, clerical or administrative services
, including any service offered by
7health care providers.
AB1076, s. 12
8Section
12. 101.123 (1) (dg) of the statutes is repealed.
AB1076, s. 13
9Section
13. 101.123 (2) (am) 1. of the statutes is amended to read:
AB1076,7,1510
101.123
(2) (am) 1. Notwithstanding par. (a) and sub. (3) and except as provided
11in
subd. subds. 2.
and 3., no person may smoke in a motor bus, in a hospital
or in a
12physician's office, in an office of a health care provider or in any enclosed, indoor area
13of a state, county, city, village or town building in which health care services are
14delivered to children or pregnant women, except that jails and lockup facilities are
15subject to sub. (4).
AB1076, s. 14
16Section
14. 101.123 (2) (am) 2. of the statutes is amended to read:
AB1076,7,2117
101.123
(2) (am) 2.
Notwithstanding subd. 1., a A person who is an adult
18patient of a hospital or unit of a hospital that has as its primary purpose the care and
19treatment of mental illness, alcoholism or drug abuse and who has the written
20permission of a physician may smoke in a room that is designated as a smoking area
21under sub. (4) (a) 2.
AB1076, s. 15
22Section
15. 101.123 (2) (am) 3. of the statutes is created to read:
AB1076,8,223
101.123
(2) (am) 3. The prohibition of smoking in a state, county, city, village
24or town building under subd. 1 does not apply to such a building while it is being used
1for a private function, if the arrangements for the function are under the control of
2the sponsor of the function.
AB1076, s. 16
3Section
16. 111.35 (2) (d) of the statutes is amended to read:
AB1076,8,44
111.35
(2) (d) Constitutes a violation of s.
48.983 254.92 (2)
(a).
AB1076, s. 17
5Section
17. 134.65 (title) of the statutes is renumbered 254.914 (title).
AB1076, s. 18
6Section
18. 134.65 (1) and (2) (a) of the statutes are renumbered 254.914 (1)
7and (3) and amended to read:
AB1076,8,168
254.914
(1) No person shall in any manner, or upon any pretense, or by any
9device, directly or indirectly Unless a person holds a license issued under this
10section, the person or the person's employe or agent may not sell, expose for sale,
11possess with intent to sell, exchange, barter
, or dispose of
or give away any cigarettes
12or, and may not sell, expose for sale, possess with intent to sell, exchange, barter,
13dispose of or give away any tobacco products
, to
any person not holding a license as
14herein provided or anyone who is not licensed under this section or who does not hold 15a permit under ss. 139.30 to 139.41 or 139.79
without first obtaining a license from
16the clerk of the city, village or town wherein such privilege is sought to be exercised.
AB1076,8,21
17(3) Except as provided in par. (b), upon filing Upon receipt of a proper written
18application
, the department shall issue a license
shall be issued on July 1 of each year
19or when applied for
and. The license shall continue in force until the following June
2030 unless
the license is sooner revoked. The fee for the license is
$5 $50, which shall
21be paid to the
city, village or town treasurer department before the license is issued.
AB1076, s. 19
22Section
19. 134.65 (2) (b) of the statutes is repealed.
AB1076, s. 20
23Section
20. 134.65 (3), (4) and (5) of the statutes are renumbered 254.914 (4),
24(6) and (7) and amended to read:
AB1076,9,4
1254.914
(4) Each such A license
issued under this section shall name the
2licensee and specifically describe the premises
where such on which the business
is
3to may be conducted.
Such licenses shall not be The license is not transferable from
4one person to another
nor and is not transferable from one premises to another.
AB1076,9,10
5(6) Every
licensed retailer shall keep complete and accurate records of all
6purchases and receipts of cigarettes and tobacco products.
Such The records shall
7be preserved on the licensed premises for 2 years in such a manner as to
insure 8ensure permanency and accessibility for inspection and
shall be are subject to
9inspection at all reasonable hours by authorized state
officials and local law
10enforcement
and local health officials.
AB1076,9,24
11(7) Any person violating this section shall
be fined forfeit not more than $100
12nor less than $25 for the first offense and not more than $200 nor less than $25 for
13the 2nd or subsequent offense. If upon
such the 2nd or subsequent violation, the
14person
so violating this section
was
is found to be personally guilty of a failure to
15exercise due care to prevent
the violation
thereof, the person shall
be fined forfeit not
16more than $300 nor less than $25
or imprisoned not exceeding 60 days or both.
17Conviction shall immediately terminate the license of the person convicted of being
18personally guilty of such failure to exercise due care and the person
, his or her license
19is immediately revoked, he or she is not entitled to another license
hereunder under
20this section for a period of 5 years
thereafter, nor shall the person and he or she may
21not in that period act as the
servant employe or agent of a person licensed
hereunder 22under this section for the performance of the acts authorized by such
a license.
The
235-year period shall be measured from the date of the violation that resulted in the
24revocation of the license.
AB1076, s. 21
1Section
21. 134.66 (title) of the statutes is renumbered 254.92 (title) and
2amended to read:
AB1076,10,4
3254.92 (title)
Restrictions on sale or gift or certain purchase or
4possession of cigarettes or tobacco products.
AB1076, s. 22
5Section
22. 134.66 (1) (intro.) of the statutes is renumbered 254.911 (intro.)
6and amended to read:
AB1076,10,7
7254.911 Definitions. (intro.) In this
section subchapter:
AB1076, s. 23
8Section
23. 134.66 (1) (a), (b), (c), (d) and (e) of the statutes are renumbered
9254.911 (1), (2), (3), (4) and (6).
AB1076, s. 24
10Section
24. 134.66 (1) (g) of the statutes is renumbered 254.911 (7) and
11amended to read:
AB1076,10,1312
254.911
(7) "Retailer" means
any person licensed the holder of a license issued 13under s.
134.65 (1) 254.914.
AB1076, s. 25
14Section
25. 134.66 (1) (h) of the statutes is renumbered 254.911 (8) and
15amended to read:
AB1076,10,1616
254.911
(8) (h) "School" has the meaning given in s. 118.257 (1)
(c) (d).
AB1076, s. 26
17Section
26. 134.66 (1) (hm), (i) and (j) of the statutes are renumbered 254.911
18(9), (10) and (12).
AB1076, s. 27
19Section
27. 134.66 (1) (k) and (L) of the statutes are repealed.
AB1076, s. 28
20Section
28. 134.66 (2) (title) of the statutes is renumbered 254.92 (1) (title).
AB1076, s. 29
21Section
29. 134.66 (2) (a) of the statutes is renumbered 254.92 (1) (a) and
22amended to read:
AB1076,11,623
254.92
(1) (a) No retailer, manufacturer
or
, distributor
, jobber or subjobber or
24the agent, employe or independent contractor of a retailer, manufacturer, distributor,
25jobber or subjobber or the agent or employe of an independent contractor may sell
1or
give provide for nominal or no consideration cigarettes or tobacco products to
any
2person under the age of 18 a minor, except as provided in
s. 48.983 (3) sub. (2) (b).
3A
tobacco vending machine operator is not liable under this paragraph for the
4purchase of cigarettes or tobacco products from his or her
tobacco vending machine
5by a
person under the age of 18 minor if the
tobacco vending machine operator was
6unaware of the purchase.
AB1076, s. 30
7Section
30. 134.66 (2) (b) 1. of the statutes is renumbered 254.92 (1) (b) 1. and
8amended to read:
AB1076,11,129
254.92
(1) (b) 1. A retailer shall post a sign in areas within his or her premises
10where cigarettes or tobacco products are sold to consumers stating that the sale
to
11a minor or purchase by a minor of any cigarette or tobacco product
to a person under
12the age of 18 is unlawful under
this section and s. 48.983 par. (a) and sub. (2).
AB1076, s. 31
13Section
31. 134.66 (2) (b) 2. of the statutes is renumbered 254.92 (1) (b) 2. and
14amended to read:
AB1076,11,1915
254.92
(1) (b) 2. A
tobacco vending machine operator shall attach a notice in
16a conspicuous place on the front of his or her
tobacco vending machines stating that
17the purchase of any cigarette or tobacco product by a
person under the age of 18 minor 18is unlawful under
s. 48.983 sub. (2) and that the purchaser is subject to a forfeiture
19of not to exceed
$25 $50.
AB1076, s. 32
20Section
32. 134.66 (2) (c) 1. (intro.) of the statutes is renumbered 254.92 (1)
21(c) (intro.) and amended to read:
AB1076,11,2522
254.92
(1) (c) (intro.)
Except as provided in par. (cm), no No retailer may keep
23a
tobacco vending machine
in within the premises of any
public place that is open to
24persons under the age of 18 the general public unless
all any of the following
apply 25applies:
AB1076, s. 33
1Section
33. 134.66 (2) (c) 1. a. of the statutes is repealed.
AB1076, s. 34
2Section
34. 134.66 (2) (c) 1. b. of the statutes is repealed.
AB1076, s. 35
3Section
35. 134.66 (2) (c) 2. of the statutes is repealed.
AB1076, s. 36
4Section
36. 134.66 (2) (c) 3. and 4. of the statutes are repealed.
AB1076, s. 37
5Section
37. 134.66 (2) (cm) 1. of the statutes is renumbered 254.92 (1) (cm) and
6amended to read:
AB1076,12,87
254.92
(1) (cm) Notwithstanding par. (c), no retailer may place a
tobacco 8vending machine
in a school within 500 feet of a school.
AB1076, s. 38
9Section
38. 134.66 (2) (cm) 2. and 3. of the statutes are repealed.
AB1076, s. 39
10Section
39. 134.66 (2) (d) of the statutes is repealed.
AB1076, s. 40
11Section
40. 134.66 (2) (e) of the statutes is renumbered 254.92 (1) (e) and
12amended to read:
AB1076,12,1513
254.92
(1) (e) No retailer
or retailer's employe or agent may sell cigarettes in
14a form other than as a package or container
that contains more than a single
15cigarette on which a stamp is affixed under s. 139.32 (1).
AB1076, s. 41
16Section
41. 134.66 (3) (title) of the statutes is renumbered 254.92 (3) (title) and
17amended to read:
AB1076,12,1918
254.92
(3) (title)
Defense of retailer, manufacturer and, distributor
, jobber,
19subjobber or independent contractor.
AB1076, s. 42
20Section
42. 134.66 (3) of the statutes is renumbered 254.92 (3) (a), and 254.92
21(3) (a) (intro.), as renumbered, is amended to read:
AB1076,12,2522
254.92
(3) (a) (intro.) Proof of all of the following facts by a retailer,
23manufacturer
or, distributor
, jobber or subjobber who sells cigarettes or tobacco
24products to a person under the age of 18 is a defense to any prosecution for a violation
25of sub.
(2) (1) (a):
AB1076, s. 43
1Section
43. 134.66 (4) of the statutes is renumbered 254.92 (4) and amended
2to read:
AB1076,13,53
254.92
(4) Penalties. (a) 1. In this paragraph, "violation" means a violation
4of sub.
(2) (1) (a), (c),
(cg), (cm)
, (d) or (e) or
of a local ordinance
which strictly conforms
5to sub. (2) (a), (c), (cm), (d) or (e) that is enacted in compliance with sub. (5).
AB1076,13,136
2.
A person who commits The following forfeitures apply to a retailer for a
7violation
is subject to a forfeiture of
sub. (1) (a), (c), (cg), (cm) or (e) by the retailer or
8the agent or employe of the retailer, apply to a manufacturer for a violation of sub.
9(1) (a) by the manufacturer or the agent or employe of the manufacturer, apply to a
10distributor for a violation of sub. (1) (a) by the distributor or the agent or employe of
11the distributor, apply to a jobber for a violation of sub. (1) (a) by the jobber or the agent
12or employe of the jobber and apply to a subjobber for a violation of sub. (1) (a) by the
13subjobber or the agent or employe of the subjobber:
AB1076,13,1614
a. Not more than $500 if the
person retailer, manufacturer, distributor, jobber
15or subjobber has not committed a previous violation within
12 24 months of the
16violation; or
AB1076,13,1917
b. Not less than $200 nor more than $500 if the
person retailer, manufacturer,
18distributor, jobber or subjobber has committed a previous violation within
12 24 19months of the violation.
AB1076,13,2320
3.
A court The department or a local health department that is designated as
21the department's agent under s. 254.916, that issued a license under s. 254.914 shall
22suspend any license
or permit issued
under s. 134.65, 139.34 or 139.79 to a
person 23retailer for:
AB1076,14,3
1a. Not more than 3 days, if the
court department or local health department 2finds that the
person retailer committed a violation within
12 24 months after
3committing one previous violation;
AB1076,14,64
b. Not less than 3 days nor more than 10 days, if the
court department or local
5health department finds that the
person retailer committed a violation within
12 24 6months after committing 2 other violations; or