AB348: Bill Text

AB348,5,10 134.66 (3) Defense; sale to minor. 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 or, tobacco products, or vapor products to a person under the age of 18 21 is a defense to any prosecution, or a complaint made under s. 134.65 (7), for a violation of sub. (2) (a):

AB348,5,12 (a) That the purchaser falsely represented that he or she had attained the age of 18 21 and presented an identification card.

AB348,5,14 (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 21.

AB348,5,17 (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 21.

AB348,7 Section 7. 139.30 (10) of the statutes is amended to read:

AB348,5,20 139.30 (10) “Retailer" has the meaning given in s. 134.66 (1) (g) means any person licensed under s. 134.65 (1).

AB348,8 Section 8 . 139.345 (3) (a) (intro.) of the statutes is amended to read:

AB348,5,23 139.345 (3) (a) (intro.) Verifies the consumer's name and address and that the consumer is at least 18 21 years of age by any of the following methods:

AB348,9 Section 9 . 139.345 (3) (b) 2. of the statutes is amended to read:

AB348,6,3 139.345 (3) (b) 2. That the consumer understands that no person who is under 18 21 years of age may purchase or possess cigarettes or falsely represent his or her age for the purpose of receiving cigarettes, as provided under s. 254.92.

AB348,10 Section 10 . 139.345 (7) (a) of the statutes is amended to read:

AB348,6,12 139.345 (7) (a) No person may deliver a package of cigarettes sold by direct marketing to a consumer in this state unless the person making the delivery receives a government issued identification card from the person receiving the package and verifies that the person receiving the package is at least 18 21 years of age. If the person receiving the package is not the person to whom the package is addressed, the person delivering the package shall have the person receiving the package sign a statement that affirms that the person to whom the package is addressed is at least 18 21 years of age.

AB348,11 Section 11 . Subchapter IX (title) of chapter 254 [precedes 254.911] of the statutes is amended to read:

AB348,6,15 CHAPTER 254

AB348,6,16 SUBCHAPTER IX

AB348,6,17 SALE OR GIFT OF CIGARETTES,

AB348,6,18 NICOTINE PRODUCTS, VAPOR

AB348,6,19 PRODUCTS, OR TOBACCO

AB348,6,20 PRODUCTS TO MINORS

AB348,12 Section 12 . 254.911 (11) of the statutes is created to read:

AB348,6,22 254.911 (11) “Vapor product” has the meaning given in s. 139.75 (14).

AB348,13 Section 13 . 254.916 (2) (intro.) of the statutes is amended to read:

AB348,7,2 254.916 (2) (intro.) With the permission of his or her parent or guardian, a A person under 18 21 years of age, but not under 15 years of age, may buy, attempt to buy, or possess any cigarette, nicotine product, or tobacco product, or vapor product if all of the following are true:

AB348,14 Section 14. 254.916 (2) (d) of the statutes is created to read:

AB348,7,5 254.916 (2) (d) If the person is under 18 years of age, he or she has obtained permission from his or her parent or guardian to participate in the investigation.

AB348,15 Section 15. 254.916 (3) (a), (b), (c) and (d) of the statutes are amended to read:

AB348,7,9 254.916 (3) (a) If questioned about his or her age during the course of an investigation, the minor person under 21 years of age used in the investigation shall state his or her true age.

AB348,7,11 (b) A minor person under 21 years of age may not be used for the purposes of an investigation at a retail outlet at which the minor person is a regular customer.

AB348,7,13 (c) The appearance of a minor person under 21 years of age may not be materially altered so as to indicate greater age.

AB348,7,18 (d) A photograph or videotape of the minor person under 21 years of age used in the investigation shall be made before or after the investigation or series of investigations on the day of the investigation or series of investigations. If a prosecution results from an investigation, the photograph or videotape shall be retained until the final disposition of the case.

AB348,16 Section 16. 254.916 (3) (f) 2. of the statutes is amended to read:

AB348,7,21 254.916 (3) (f) 2. The age of the minor person under 21 years of age used in the investigation.

AB348,17 Section 17. 254.916 (11) of the statutes is amended to read:

AB348,8,11 254.916 (11) A person conducting an investigation under this section may not have a financial interest in a regulated cigarette and tobacco product retailer, a vapor product retailer, a tobacco vending machine operator, a tobacco vending machine premises, or a tobacco vending machine that may interfere with his or her ability to properly conduct that investigation. A person who is investigated under this section may request the local health department or local law enforcement agency that contracted for the investigation to conduct a review under ch. 68 to determine whether the person conducting the investigation is in compliance with this subsection or, if applicable, may request the state agency or state law enforcement agency that contracted for the investigation to conduct a contested case hearing under ch. 227 to make that determination. The results of an investigation that is conducted by a person who is not in compliance with this subsection may not be used to prosecute a violation of s. 134.66 (2) (a) or (am) or a local ordinance adopted under s. 134.66 (5).

AB348,18 Section 18 . 254.92 (title) of the statutes is amended to read:

AB348,8,14 254.92 (title) Purchase or possession of cigarettes or, tobacco products, nicotine products, or vapor products by person under 18 21 prohibited.

AB348,19 Section 19 . 254.92 (1) of the statutes is amended to read:

AB348,8,18 254.92 (1) No person under 18 21 years of age may falsely represent his or her age for the purpose of receiving any cigarette, nicotine product, or tobacco product, or vapor product.

AB348,20 Section 20 . 254.92 (2) of the statutes is amended to read:

AB348,8,22 254.92 (2) No person under 18 21 years of age may purchase, attempt to purchase, or possess any cigarette, nicotine product, or tobacco product, or vapor product except as follows:

AB348,9,2 (a) A person under 18 21 years of age may purchase or possess cigarettes, nicotine products, or tobacco products, or vapor products for the sole purpose of resale in the course of employment during his or her working hours if employed by a retailer.

AB348,9,6 (b) A person under 18 21 years of age, but not under 15 years of age, may purchase, attempt to purchase or possess cigarettes, nicotine products, or tobacco products, or vapor 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).

AB348,21 Section 21 . 254.92 (2m) (intro.) of the statutes is amended to read:

AB348,9,10 254.92 (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 21 years of age. Any person who violates this subsection may be:

AB348,22 Section 22 . 254.92 (3) of the statutes is amended to read:

AB348,9,14 254.92 (3) A law enforcement officer shall seize any cigarette, nicotine product, or tobacco product, or vapor product that has been sold to and is in the possession of a person under 18 21 years of age.

AB348,23 Section 23. Initial applicability.

AB348,9,21 (1) This act first applies to purchases, attempts to purchase, possession, and false representations of age for the purpose of receiving any cigarette, nicotine product, tobacco product, or vapor product by persons under 21 years of age on the effective date of this subsection and to sales or the provision of cigarettes, nicotine products, tobacco products, or vapor products to persons under 21 years of age on the effective date of this subsection.

AB348,9,22 (End)