AB1170,14,28 139.37 (1) (a) No person shall sell cigarettes or take orders for cigarettes for
9resale
solicit cigarette sales in this state for any manufacturer or permittee without
10first obtaining a
unless the person has filed an application for and obtained a valid
11certificate under s. 73.03 (50) and a
salesperson's permit from the department of
12revenue
. No manufacturer or permittee shall authorize any person to sell cigarettes
13or take orders for cigarettes solicit cigarette sales in this state without first having
14such person secure
unless the person has filed an application for and obtained a valid
15certificate under s. 73.03 (50) and
a salesperson's permit. No person shall authorize
16the sale or solicitation of cigarettes in this state unless the person has filed an
17application for and obtained a valid certificate under s. 73.03 (50) and a valid permit
18under s. 139.34.
The department shall issue the required number of permits to
19manufacturers and permittees who hold a valid certificate issued under s. 73.03 (50).
20Each application for a permit shall disclose the name and address of the employer
21or the person for whom the sales person is soliciting and such permit shall remain
22effective only while the salesperson represents such named employer or person. If
23such salesperson is thereafter employed by another manufacturer or permittee
24person, the salesperson shall obtain a new salesperson's permit. Each manufacturer

1and
permittee shall notify the department within 10 days after the resignation or
2dismissal of any such salesperson holding a permit.
AB1170, s. 37 3Section 37. 139.40 (1) of the statutes is amended to read:
AB1170,14,84 139.40 (1) All cigarettes acquired, owned, imported, possessed, kept, stored,
5made, sold, distributed or transported in violation of this chapter or s. 134.65, and
6all personal property used in connection therewith is unlawful property and subject
7to seizure by the secretary or any peace officer. All cigarettes seized for violating s.
8139.31 (4) or (5) shall be destroyed.
AB1170, s. 38 9Section 38. 139.40 (2) of the statutes is amended to read:
AB1170,14,1910 139.40 (2) If cigarettes which do not bear the proper tax stamps or on which
11the tax has not been paid
Cigarettes that are so seized they as provided under sub.
12(1)
may be given to law enforcement officers to use in criminal investigations or sold
13to qualified buyers by the secretary, without notice. If the cigarettes are sold, after
14deducting the costs of the sale and the keeping of storing the property, the proceeds
15of the sale shall be paid into the state treasury. If the secretary finds that such
16cigarettes may deteriorate or become unfit for use in criminal investigations or for
17sale or that those uses would otherwise be impractical, the secretary may order them
18destroyed or give them to a charitable or penal institution for free distribution to
19patients or inmates.
AB1170, s. 39 20Section 39. 139.44 (1m) of the statutes is amended to read:
AB1170,14,2321 139.44 (1m) Any person who falsely or fraudulently tampers with a cigarette
22meter impression machine in order to evade the tax under s. 139.31 is guilty of a
23Class G felony.
AB1170, s. 40 24Section 40. 139.44 (2) of the statutes is amended to read:
AB1170,15,4
1139.44 (2) Any person who makes or signs any false or fraudulent report or who
2attempts to evade the tax imposed by s. 139.31 or 139.76, or who aids in or abets the
3evasion or attempted evasion of that tax may be fined not more than $10,000 or
4imprisoned for not more than 9 months or both
, is guilty of a Class H felony.
AB1170, s. 41 5Section 41. 139.44 (3) of the statutes is amended to read:
AB1170,15,106 139.44 (3) Any permittee or licensee who fails to keep the records required by
7ss. 139.30 to 139.42 or 139.77 to 139.82 shall be fined not less than $100 $500 nor
8more than $500 $1,000 for the first offense and shall be fined not less than $1,000
9nor more than $5,000
or imprisoned not more than 6 months 180 days or both for the
102nd or subsequent offense
.
AB1170, s. 42 11Section 42. 139.44 (4) of the statutes is amended to read:
AB1170,15,1512 139.44 (4) Any person who refuses to permit the examination or inspection
13authorized in s. 139.39 (2) or 139.83 may be fined not more less than $500 nor more
14than $1,000
or imprisoned not more than 90 180 days or both. Such refusal shall be
15cause for immediate suspension or revocation of permit or license by the secretary.
AB1170, s. 43 16Section 43. 139.44 (5) of the statutes is amended to read:
AB1170,15,2017 139.44 (5) Any person who violates any of the provisions of ss. 139.30 to 139.41
18or 139.75 to 139.83 for which no other penalty is prescribed shall be fined not less
19than $100 nor
more than $1,000 $10,000 or imprisoned not less than 10 days nor
20more than 90 days 9 months or both.
AB1170, s. 44 21Section 44. 139.44 (6) of the statutes is amended to read:
AB1170,15,2422 139.44 (6) Any person who violates any of the rules of the department shall be
23fined not less than $100 $500 nor more than $500 $1,000 or be imprisoned not more
24than 6 9 months or both.
AB1170, s. 45 25Section 45. 139.44 (6m) of the statutes is created to read:
AB1170,16,3
1139.44 (6m) Any person who manufactures or sells cigarettes in this state
2without holding the proper permit issued under this subchapter is guilty of a Class
3I felony.
AB1170, s. 46 4Section 46. 139.44 (7) of the statutes is amended to read:
AB1170,16,95 139.44 (7) In addition to the penalties imposed for violation of ss. 139.30 to
6139.41 or 139.75 to 139.83 or any of the rules of the department, the permit of any
7person convicted of a 2nd or subsequent offense shall be automatically revoked and
8he or she the person shall not be granted another permit for a period of 2 5 years
9following such revocation.
AB1170, s. 47 10Section 47. 139.75 (2) of the statutes is amended to read:
AB1170,16,1411 139.75 (2) "Consumer" means any individual who receives tobacco products for
12his or her personal use or consumption or
any person individual who has title to or
13possession of tobacco products in storage for use or other consumption in this state
14any purpose other than for sale or resale.
AB1170, s. 48 15Section 48. 139.75 (3g) of the statutes is created to read:
AB1170,16,1716 139.75 (3g) "Direct marketer" means any person who solicits or sells tobacco
17products to consumers in this state by direct marketing.
AB1170, s. 49 18Section 49. 139.75 (3r) of the statutes is created to read:
AB1170,16,2219 139.75 (3r) "Direct marketing" means publishing or making accessible an offer
20for the sale of tobacco products to consumers in this state, or selling tobacco products
21to consumers in this state, using any means by which the consumer is not physically
22present on a premise that sells tobacco products.
AB1170, s. 50 23Section 50. 139.75 (4) (a) of the statutes is amended to read:
AB1170,17,3
1139.75 (4) (a) Any person in this state engaged in the business of selling tobacco
2products in this state who brings, or causes to be brought, into this state from outside
3the state any tobacco products for sale;
AB1170, s. 51 4Section 51. 139.75 (4) (c) of the statutes is amended to read:
AB1170,17,75 139.75 (4) (c) Any person outside this state engaged in the business of selling
6tobacco products outside this state who ships or transports tobacco products to
7retailers in this state to be sold by those retailers.
AB1170, s. 52 8Section 52. 139.75 (4) (cm) of the statutes is created to read:
AB1170,17,109 139.75 (4) (cm) Any person outside this state engaged in the business of selling
10tobacco products who ships or transports tobacco products to consumers in this state.
AB1170, s. 53 11Section 53. 139.75 (4n) of the statutes is created to read:
AB1170,17,1212 139.75 (4n) "Identification card" has the meaning given in s. 134.66 (1) (c).
AB1170, s. 54 13Section 54. 139.75 (7) of the statutes is amended to read:
AB1170,17,1514 139.75 (7) "Retail outlet" means each place of business from which tobacco
15products are sold to consumers by a retailer.
AB1170, s. 55 16Section 55. 139.75 (8) of the statutes is amended to read:
AB1170,17,1817 139.75 (8) "Retailer" means any person engaged in the business of selling
18tobacco products to ultimate consumers
has the meaning given in s. 134.66 (1) (g).
AB1170, s. 56 19Section 56. 139.76 (3) of the statutes is created to read:
AB1170,17,2220 139.76 (3) Except as provided in sub. (2), no person may possess tobacco
21products in this state unless the tax imposed under sub. (1) is paid on such tobacco
22products.
AB1170, s. 57 23Section 57. 139.78 (1m) of the statutes is created to read:
AB1170,18,3
1139.78 (1m) Except as provided in s. 139.76 (2), no person other than a
2distributor with a valid permit under s. 139.79 may import into this state tobacco
3products for which the tax imposed under s. 139.76 (1) has not been paid.
AB1170, s. 58 4Section 58. 139.79 (title) of the statutes is amended to read:
AB1170,18,5 5139.79 (title) Permits; distributor; subjobber.
AB1170, s. 59 6Section 59. 139.79 (1) of the statutes is amended to read:
AB1170,18,107 139.79 (1) No person may engage in the business of a distributor, direct
8marketer,
or subjobber of tobacco products at any place of business unless that
9person has filed an application for and obtained a permit from the department to
10engage in that business at such place.
AB1170, s. 60 11Section 60. 139.79 (2) of the statutes is amended to read:
AB1170,18,1312 139.79 (2) Section 139.34 (1) (b) (c) to (f), (4) and (9) applies to the permits under
13this section.
AB1170, s. 61 14Section 61. 139.795 of the statutes is created to read:
AB1170,18,20 15139.795 Direct marketing. (1) (a) No person may sell tobacco products by
16direct marketing to consumers in this state as a direct marketer or solicit sales of
17tobacco products to consumers in this state by direct marketing unless the person has
18obtained a permit from the department to make such sales or solicitations. The
19person shall file an application for a permit under this subsection with the
20department, in the manner prescribed by the department.
AB1170,18,2421 (b) No person may be issued a permit under this subsection unless the person
22holds a valid distributor's permit under s. 139.79. Section 139.34 (1) (c) to (f), (4), and
23(9), as it applies to permits issued under s. 139.34, applies to permits issued under
24this subsection.
AB1170,19,8
1(c) No person may be issued a permit under this subsection unless the person
2certifies to the department, in the manner prescribed by the department, that the
3person shall register with credit card and debit card companies; that the invoices and
4all means of solicitation for all shipments of tobacco product sales from the person
5shall bear the person's name and address and the permit number of the permit
6ultimately issued under this subsection; and that the person shall provide the
7department any information the department considers necessary to administer this
8section.
AB1170,19,11 9(2) No person may sell tobacco products to consumers in this state by direct
10marketing unless the tax imposed under s. 139.76, and under s. 77.52 or 77.53, has
11been paid with regard to such products.
AB1170,19,13 12(3) No person may sell tobacco products to a consumer in this state by direct
13marketing unless the person does all of the following:
AB1170,19,1514 (a) Verifies the consumer's identity and address and that the consumer is at
15least 18 years of age by any of the following methods:
AB1170,19,1716 1. The person uses a database that includes information based on public
17records.
AB1170,19,1918 2. a. The person receives from the consumer, at the time of purchase, a copy of
19an identification card.
AB1170,19,2120 b. The name specified on the identification card matches the name of the
21consumer.
AB1170,19,2322 c. The birth date on the identification card verifies that the consumer is at least
2318 years of age.
AB1170,19,2524 3. The person uses a mechanism, other than a mechanism specified under subd.
251. or 2., that is approved by the department.
AB1170,20,2
1(b) Obtains from the consumer, at the time of purchase, a statement signed by
2the consumer that confirms all of the following:
AB1170,20,33 1. The consumer's name, address, and birth date.
AB1170,20,64 2. That the consumer understands that no person who is under 18 years of age
5may purchase or possess tobacco products or falsely represent his or her age for the
6purpose of receiving tobacco products, as provided under s. 254.92.
AB1170,20,147 3. That the consumer understands that any person who, for the purpose of
8obtaining credit, goods, or services, intentionally uses, attempts to use, or possesses
9with intent to use, any personal identifying information or personal identification
10document of an individual, including a deceased individual, without the
11authorization or consent of the individual and by representing that he or she is the
12individual, that he or she is acting with the authorization or consent of the
13individual, or that the information or document belongs to him or her, is guilty of a
14Class H felony, as provided under s. 943.201.
AB1170,20,19 15(4) Any person who, without having a valid permit under sub. (1), sells or
16solicits sales of tobacco products to consumers in this state by direct marketing shall
17pay a penalty to the department of $5,000 or an amount that is equal to 50 percent
18of the tax due on the tobacco products the person sold, without having a valid permit
19under sub. (1), to consumers in this state by direct marketing, whichever is greater.
AB1170,21,2 20(5) (a) No person may deliver a package of tobacco products sold by direct
21marketing to a consumer in this state unless the person making the delivery receives
22an identification card from the person receiving the package and verifies that the
23person receiving the package is at least 18 years of age. If the person receiving the
24package is not the person to whom the package is addressed, the person delivering

1the package shall have the person receiving the package sign a statement that
2affirms that the person to whom the package is addressed is at least 18 years of age.
AB1170,21,73 (b) No person may deliver a package of tobacco products to a consumer in this
4state unless the seller of the tobacco products provides proof to the person making
5the delivery that the seller has complied with all requirements under this
6subchapter. A seller shall have no course of action against any person who refuses
7to deliver tobacco products as provided under this paragraph.
AB1170, s. 62 8Section 62. 139.81 (1) of the statutes is amended to read:
AB1170,21,249 139.81 (1) No person may sell or take orders for tobacco products for resale or
10solicit sales of tobacco products
in this state for any manufacturer or permittee
11unless the person has filed an application for and obtained a valid certificate under
12s. 73.03 (50) and a salesperson's permit from the department. No manufacturer or
13permittee shall authorize any person to sell or take orders for tobacco products or
14solicit sales of tobacco products
in this state unless the person has filed an application
15for and obtained a valid certificate under s. 73.03 (50) and a salesperson's permit.
16No person may authorize the sale or solicitation of tobacco products in this state
17unless the person has filed an application for and obtained a valid certificate under
18s. 73.03 (50) and a valid permit under s. 139.79.
Each application for a permit shall
19disclose the name and address of the employer or the person for whom the
20salesperson is soliciting
and shall remain effective only while the salesperson
21represents the named employer or person. If the salesperson is thereafter employed
22by another manufacturer or permittee person the salesperson shall obtain a new
23salesperson's permit. Each manufacturer and permittee shall notify the department
24within 10 days after the resignation or dismissal of any salesperson holding a permit.
AB1170, s. 63 25Section 63. 139.81 (2) of the statutes is amended to read:
AB1170,22,2
1139.81 (2) Section 139.34 (1) (b) (c) to (e) applies to the permits under this
2section.
AB1170, s. 64 3Section 64. Effective date.
AB1170,22,44 (1) This act takes effect on July 1, 2006.
AB1170,22,55 (End)
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