SB481: Bill Text

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

SB481, s. 1 Section 1. 134.245 of the statutes is created to read:

SB481,2,3 134.245 Restrictions on sale of recordings. (1) Definitions. In this section:

SB481,2,4 (a) "Identification card" means any of the following:

SB481,2,5 1. A license containing a photograph issued under ch. 343.

SB481,2,6 2. An identification card issued under s. 343.50.

SB481,2,7 3. An identification card issued under s. 125.08, 1987 stats.

SB481,2,10 (b) "Labeled recording" means a recording that has a statement with a warning that the recording contains explicit lyrics or a recording that has a statement with a similar warning.

SB481,2,12 (c) "Recording" means an audiocassette, tape, phonograph record, compact disc or similar device upon which is recorded a musical work.

SB481,2,14 (2) Restrictions on distributions. (a) No person may sell a labeled recording to any person under the age of 18.

SB481,2,18 (b) A person engaged in the business of selling labeled recordings at retail shall post a sign in areas within the person's premises where the labeled recordings are sold to consumers stating that the sale of any labeled recording to a person under the age of 18 is unlawful under this section.

SB481,2,21 (c) No person may give away or provide at nominal consideration labeled recordings as part of a promotional or advertising activity to a person under the age of 18.

SB481,3,3 (3) Defense of seller. Proof of all of the following facts by a person who sells labeled recordings to a person under the age of 18 is a defense to any prosecution for a violation of sub. (2) (a):

SB481,3,5 (a) That the purchaser falsely represented that he or she had attained the age of 18 and presented an identification card.

SB481,3,7 (b) That the appearance of the purchaser was such that an ordinary and prudent person would believe that the purchaser had attained the age of 18.

SB481,3,10 (c) That the sale was made in good faith, in reasonable reliance on the identification card and appearance of the purchaser and in the belief that the purchaser had attained the age of 18.

SB481,3,12 (4) Restrictions on minors. Except as provided in sub. (5), no person under the age of 18 may do any of the following:

SB481,3,13 (a) Buy or attempt to buy any labeled recording.

SB481,3,15 (b) Falsely represent his or her age for the purpose of purchasing a labeled recording.

SB481,3,19 (5) Exemption for minors. A person under the age of 18 years may purchase labeled recordings for the sole purpose of sale in the course of employment during his or her working hours as an employe of a person who is engaged in the business of selling recordings and who holds a sales tax permit issued under s. 77.52 (9).

SB481,3,21 (6) Penalties. (a) In this paragraph, "violation" means a violation of sub. (2) (a) or (c) or a local ordinance which strictly conforms to sub. (2) (a) or (c).

SB481,3,23 (b) A person who commits a violation is subject to a forfeiture of either of the following:

SB481,3,25 1. Not more than $500 if the person has not committed a previous violation within 12 months of the violation.

SB481,4,2 2. Not less than $200 nor more than $500 if the person has committed a previous violation within 12 months of the violation.

SB481,4,3 (c) Whoever violates sub. (2) (b) shall forfeit not more than $25.

SB481,4,6 (d) If the person committing the violation is an employe of a person who is engaged in the business of selling or distributing recordings, both the employe and the employer are subject to applicable forfeiture.

SB481,4,7 (7) Penalties; minors.

SB481,4,9 (a) In this subsection, "violation" means a violation of sub. (4) or a local ordinance which strictly conforms to sub. (4).

SB481,4,11 (b) A person who commits a violation is subject to a forfeiture of either of the following:

SB481,4,13 1. Not more than $100 if the person has not committed a previous violation within 12 months of the violation.

SB481,4,15 2. Not less than $100 nor more than $200 if the person has committed a previous violation within 12 months of the violation.

SB481,4,19 (8) Local ordinance. A county, town, village or city may enact an ordinance regulating the conduct regulated by this section only if it strictly conforms to this section. A county ordinance enacted under this subsection does not apply within any town, village or city that enacts or has enacted an ordinance under this subsection.

SB481, s. 2 Section 2. Effective date.

SB481,4,22 (1) This act takes effect on the first day of the 4th month beginning after publication.

SB481,4,23 (End)