SB73: Bill Text

LRB-1889/1

MCP&SWB:ahe

2019 - 2020 LEGISLATURE

2019 Senate BILL 73

March 1, 2019 - Introduced by Senators Jacque, L. Taylor, Carpenter, Johnson, Kooyenga and Marklein, cosponsored by Representatives Brandtjen, Dittrich, Brooks, Crowley, Duchow, Horlacher, Kerkman, Kitchens, Kuglitsch, Kulp, Mursau, Myers, Oldenburg, Plumer, Quinn, Ramthun, Rohrkaste, Sinicki, Skowronski, Spreitzer, Subeck, C. Taylor, Thiesfeldt, Tittl, Tusler and Wichgers. Referred to Committee on Judiciary and Public Safety.

SB73,1,6 An Act to amend 134.66 (title), 134.66 (2) (a), 134.66 (2) (am), 134.66 (2) (b), 134.66 (2) (cm) 1m., 134.66 (2m) (a), 134.66 (3) (intro.), subchapter IX (title) of chapter 254 [precedes 254.911], 254.916 (2) (intro.), 254.92 (title), 254.92 (1), 254.92 (2), 254.92 (2m) (intro.) and 254.92 (3); and to create 134.66 (1) (jm) and 254.911 (11) of the statutes; relating to: prohibiting the sale of vapor products to minors and the purchase of those products by minors.

Analysis by the Legislative Reference Bureau

This bill prohibits the sale of vapor products to minors and the purchase of those products by or for minors.

Current law prohibits certain actors, such as retailers and manufacturers, from selling cigarettes, tobacco products, or nicotine products to a person who is under the age of 18 (a minor), and from providing cigarettes, tobacco products, or nicotine products for free to any person unless the cigarettes or products are provided in a place where minors are generally not permitted to enter. This bill similarly prohibits the sale or provision of vapor products, such as e-cigarettes and vape pens, to minors.

Current law also prohibits a minor from purchasing, attempting to purchase, possessing, or falsely representing his or her age for the purpose of receiving any cigarette, nicotine product, or tobacco product, with certain limited exceptions. Current law also prohibits any person from purchasing cigarettes, nicotine products, or tobacco products on behalf of a minor. This bill similarly prohibits the purchase of vapor products by or on behalf of minors.

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:

SB73,1 Section 1 . 134.66 (title) of the statutes is amended to read:

SB73,2,3 134.66 (title) Restrictions on sale or gift of cigarettes or nicotine, vapor, or tobacco products.

SB73,2 Section 2 . 134.66 (1) (jm) of the statutes is created to read:

SB73,2,14 134.66 (1) (jm) In this section, “vapor product" means any noncombustible product or device, regardless of whether it contains nicotine, that employs a heating element, power source, electronic circuit, or other electronic, chemical, or mechanical means, regardless of shape or size, that can be used to produce a vapor that is intended to be inhaled by the person using the product. “Vapor product” includes an electronic cigarette, electronic cigar, electronic cigarillo, electronic pipe, or similar product or device; and any cartridge or other container of a solution or other substance, regardless of whether it contains nicotine, that is intended to be used with or in an electronic cigarette, electronic cigar, electronic cigarillo, electronic pipe, or similar product or device.

SB73,3 Section 3. 134.66 (2) (a) of the statutes is amended to read:

SB73,3,4 134.66 (2) (a) No retailer, direct marketer, manufacturer, distributor, jobber or subjobber, no agent, employee or independent contractor of a retailer, direct marketer, manufacturer, distributor, jobber or subjobber and no agent or employee of an independent contractor may sell or provide for nominal or no consideration cigarettes, nicotine products, vapor products, or tobacco products to any person under the age of 18, except as provided in s. 254.92 (2) (a). A vending machine operator is not liable under this paragraph for the purchase of cigarettes, nicotine products, vapor products, or tobacco products from his or her vending machine by a person under the age of 18 if the vending machine operator was unaware of the purchase.

SB73,4 Section 4. 134.66 (2) (am) of the statutes is amended to read:

SB73,3,13 134.66 (2) (am) No retailer, direct marketer, manufacturer, distributor, jobber, subjobber, no agent, employee or independent contractor of a retailer, direct marketer, manufacturer, distributor, jobber or subjobber and no agent or employee of an independent contractor may provide for nominal or no consideration cigarettes, nicotine products, vapor products, or tobacco products to any person except in a place where no person younger than 18 years of age is present or permitted to enter unless the person who is younger than 18 years of age is accompanied by his or her parent or guardian or by his or her spouse who has attained the age of 18 years.

SB73,5 Section 5. 134.66 (2) (b) of the statutes is amended to read:

SB73,3,18 134.66 (2) (b) 1. A retailer shall post a sign in areas within his or her premises where cigarettes, vapor products, or tobacco products are sold to consumers stating that the sale of any cigarette, vapor products, or tobacco product to a person under the age of 18 is unlawful under this section and s. 254.92.

SB73,3,22 2. A vending machine operator shall attach a notice in a conspicuous place on the front of his or her vending machines stating that the purchase of any cigarette, vapor product, or tobacco product by a person under the age of 18 is unlawful under s. 254.92 and that the purchaser is subject to a forfeiture of not to exceed $50.

SB73,6 Section 6. 134.66 (2) (cm) 1m. of the statutes is amended to read:

SB73,4,4 134.66 (2) (cm) 1m. A retailer or vending machine operator may not sell cigarettes, vapor products, or tobacco products from a vending machine unless the vending machine is located in a place where the retailer or vending machine operator ensures that no person younger than 18 years of age is present or permitted to enter unless he or she is accompanied by his or her parent or guardian or by his or her spouse who has attained the age of 18 years.

SB73,7 Section 7. 134.66 (2m) (a) of the statutes is amended to read:

SB73,4,20 134.66 (2m) (a) Except as provided in par. (b), at the time that a retailer hires or contracts with an agent, employee, or independent contractor whose duties will include the sale of cigarettes, vapor products, or tobacco products, the retailer shall provide the agent, employee, or independent contractor with training on compliance with sub. (2) (a) and (am), including training on the penalties under sub. (4) (a) 2. for a violation of sub. (2) (a) or (am). The department of health services shall make available to any retailer on request a training program developed or approved by that department that provides the training required under this paragraph. A retailer may comply with this paragraph by providing the training program developed or approved by the department of health services or by providing a comparable training program approved by that department. At the completion of the training, the retailer and the agent, employee, or independent contractor shall sign a form provided by the department of health services verifying that the agent, employee, or independent contractor has received the training, which the retailer shall retain in the personnel file of the agent, employee, or independent contractor.

SB73,8 Section 8. 134.66 (3) (intro.) of the statutes is amended to read:

SB73,5,2 134.66 (3) Defense; sale to minor. (intro.) Proof of all of the following facts by a retailer, manufacturer, distributor, jobber, or subjobber, an agent, employee, or independent contractor of a retailer, manufacturer, distributor, jobber, or subjobber, or an agent or employee of an independent contractor who sells cigarettes, vapor products, or tobacco products to a person under the age of 18 is a defense to any prosecution, or a complaint made under s. 134.65 (7), for a violation of sub. (2) (a):

SB73,9 Section 9. Subchapter IX (title) of chapter 254 [precedes 254.911] of the statutes is amended to read:

SB73,5,5 CHAPTER 254

SB73,5,9 SUBCHAPTER IX SALE OR GIFT OF CIGARETTES, NICOTINE PRODUCTS, VAPOR PRODUCTS, OR TOBACCO PRODUCTS TO MINORS

SB73,10 Section 10. 254.911 (11) of the statutes is created to read:

SB73,5,11 254.911 (11) “Vapor product” has the meaning given in s. 134.66 (1) (jm).

SB73,11 Section 11. 254.916 (2) (intro.) of the statutes is amended to read:

SB73,5,16 254.916 (2) (intro.) With the permission of his or her parent or guardian, a person under 18 years of age, but not under 15 years of age, may buy, attempt to buy or possess any cigarette, nicotine product, vapor product, or tobacco product if all of the following are true:

SB73,12 Section 12 . 254.92 (title) of the statutes is amended to read:

SB73,5,20 254.92 (title) Purchase or possession of cigarettes or, nicotine products, vapor products, or tobacco products by person under 18 prohibited.

SB73,13 Section 13 . 254.92 (1) of the statutes is amended to read:

SB73,5,24 254.92 (1) No person under 18 years of age may falsely represent his or her age for the purpose of receiving any cigarette, nicotine product, vapor product, or tobacco product.

SB73,14 Section 14 . 254.92 (2) of the statutes is amended to read:

SB73,6,3 254.92 (2) No person under 18 years of age may purchase, attempt to purchase, or possess any cigarette, nicotine product, vapor product, or tobacco product except as follows:

SB73,6,6 (a) A person under 18 years of age may purchase or possess cigarettes, nicotine products, vapor product, or tobacco products for the sole purpose of resale in the course of employment during his or her working hours if employed by a retailer.

SB73,6,10 (b) A person under 18 years of age, but not under 15 years of age, may purchase, attempt to purchase or possess cigarettes, nicotine products, vapor products, or tobacco products in the course of his or her participation in an investigation under s. 254.916 that is conducted in accordance with s. 254.916 (3).

SB73,15 Section 15 . 254.92 (2m) (intro.) of the statutes is amended to read:

SB73,6,14 254.92 (2m) (intro.) No person may purchase cigarettes, tobacco products, or nicotine products, or vapor products on behalf of, or to provide to, any person who is under 18 years of age. Any person who violates this subsection may be:

SB73,16 Section 16 . 254.92 (3) of the statutes is amended to read:

SB73,6,18 254.92 (3) A law enforcement officer shall seize any cigarette, nicotine product, vapor product, or tobacco product that has been sold to and is in the possession of a person under 18 years of age.

SB73,17 Section 17 . Initial applicability.

SB73,6,23 (1) This act first applies to sales or the provision of vapor products to persons under the age of 18 and to purchases, attempts to purchase, and false representations of age for the purpose of receiving any vapor product by persons under the age of 18 on the effective date of this subsection.

SB73,18 Section 18 . Effective date.