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SB70-AA10,9408 18Section 9408. Effective dates; Corrections.
SB70-AA10,58,319 (1) Age of adult jurisdiction. The treatment of ss. 48.02 (1d) and (2), 48.44,
2048.45 (1) (a) and (am) and (3), 118.163 (4), 125.07 (4) (d) and (e) 1., 125.085 (3) (bt),
21165.83 (1) (c) 1. and 2., 301.12 (2m) and (14) (a), 302.31 (7), 938.02 (1) and (10m),
22938.12 (2), 938.18 (2), 938.183 (3), 938.255 (1) (intro.), 938.34 (8), 938.343 (2), 938.344
23(3), 938.35 (1m), 938.355 (4) (b) and (4m) (a), 938.39, 938.44, 938.45 (1) (a) and (3),
24938.48 (4m) (title), (a), and (b) and (14), 938.57 (3) (title), (a) (intro.), 1., and 3., and
25(b), 946.50 (intro.), 948.01 (1), 948.11 (2) (am) (intro.), 948.45 (1), 948.60 (2) (d),

1948.61 (4), 961.455 (title), (1), and (2), 961.46, 961.573 (2), 961.574 (2), 961.575 (1),
2(2), and (3), and 990.01 (3) and (20), subch. IX (title) of ch. 48, and subch. IX (title)
3of ch. 938 and Section 9308 (1) of this act take effect on January 1, 2024.”.
SB70-AA10,58,4 4218. Page 374, line 11: after that line insert:
SB70-AA10,58,5 5 Section 69. 20.625 (1) (h) of the statutes is repealed.
SB70-AA10,70 6Section 70. 973.25 (4) (a) of the statutes is amended to read:
SB70-AA10,58,127 973.25 (4) (a) An offender may file an application for a certificate of
8qualification for employment with the council on offender employment on a form to
9be provided by the director of state courts along with an application fee of $20 that
10shall be deposited in the appropriation under s. 20.625 (1) (h). The council may waive
11the fee if the offender submits an affidavit along with the application in which he or
12she swears or affirms that he or she is unable to pay the application fee
.
SB70-AA10,9207 13Section 9207. Fiscal changes; Circuit Courts.
SB70-AA10,58,1714 (1) Certificates of qualification for employment appropriation. The
15unencumbered balance in s. 20.625 (1) (h), 2021 stats., is transferred to s. 20.625 (1)
16(g), and the amounts in the schedule for s. 20.625 (1) (g) are increased by the amount
17transferred.
SB70-AA10,9307 18Section 9307. Initial applicability; Circuit Courts.
SB70-AA10,58,2119 (1) Certificates of qualification for employment. The treatment of s. 973.25
20(4) (a) first applies to an application submitted on the effective date of this
21subsection.”.
SB70-AA10,58,22 22219. Page 374, line 11: after that line insert:
SB70-AA10,58,23 23 Section 71. 20.625 (1) (cg) of the statutes is amended to read:
SB70-AA10,59,3
120.625 (1) (cg) Circuit court costs; generally. Biennially, the amounts in the
2schedule to make payments to counties for circuit court costs under s. 758.19 (5) (am)
3to (i)
.
SB70-AA10,72 4Section 72. 20.625 (1) (d) of the statutes is created to read:
SB70-AA10,59,75 20.625 (1) (d) Circuit court costs; pretrial risk assessments. Biennially, the
6amounts in the schedule to reimburse counties for circuit court costs under s. 758.19
7(5) (j).
SB70-AA10,73 8Section 73. 758.19 (5) (j) of the statutes is created to read:
SB70-AA10,59,129 758.19 (5) (j) Notwithstanding par. (b), the director of state courts shall make
10payments from the appropriation under s. 20.625 (1) (d) to counties to reimburse
11counties for circuit court costs related to implementing the use of pretrial risk
12assessments.”.
SB70-AA10,59,13 13220. Page 374, line 11: after that line insert:
SB70-AA10,59,14 14 Section 74. 134.66 (title) of the statutes is amended to read:
SB70-AA10,59,16 15134.66 (title) Restrictions on sale or gift of cigarettes or nicotine, vapor,
16or tobacco products.
SB70-AA10,75 17Section 75. 134.66 (1) (jm) of the statutes is created to read:
SB70-AA10,59,1818 134.66 (1) (jm) “Vapor product" has the meaning given in s. 139.75 (14).
SB70-AA10,76 19Section 76. 134.66 (2) (a), (am), (b) and (cm) 1m. of the statutes are amended
20to read:
SB70-AA10,60,621 134.66 (2) (a) No retailer, direct marketer, manufacturer, distributor, jobber or
22subjobber, no agent, employee or independent contractor of a retailer, direct
23marketer, manufacturer, distributor, jobber or subjobber and no agent or employee
24of an independent contractor may sell or provide for nominal or no consideration

1cigarettes, nicotine products, or tobacco products, or vapor products to any person
2under the age of 18 21, except as provided in s. 254.92 (2) (a). A vending machine
3operator is not liable under this paragraph for the purchase of cigarettes, nicotine
4products, or tobacco products, or vapor products from his or her vending machine by
5a person under the age of 18 21 if the vending machine operator was unaware of the
6purchase.
SB70-AA10,60,157 (am) No retailer, direct marketer, manufacturer, distributor, jobber, subjobber,
8no agent, employee or independent contractor of a retailer, direct marketer,
9manufacturer, distributor, jobber or subjobber and no agent or employee of an
10independent contractor may provide for nominal or no consideration cigarettes,
11nicotine products, or tobacco products, or vapor products to any person except in a
12place where no person younger than 18 21 years of age is present or permitted to
13enter unless the person who is younger than 18 21 years of age is accompanied by his
14or her parent or guardian or by his or her spouse who has attained the age of 18 21
15years.
SB70-AA10,60,1916 (b) 1. A retailer shall post a sign in areas within his or her premises where
17cigarettes or, tobacco products , or vapor products are sold to consumers stating that
18the sale of any cigarette or, tobacco product, or vapor product to a person under the
19age of 18 21 is unlawful under this section and s. 254.92.
SB70-AA10,60,2320 2. A vending machine operator shall attach a notice in a conspicuous place on
21the front of his or her vending machines stating that the purchase of any cigarette
22or, tobacco product, or vapor product by a person under the age of 18 21 is unlawful
23under s. 254.92 and that the purchaser is subject to a forfeiture of not to exceed $50.
SB70-AA10,61,424 (cm) 1m. A retailer or vending machine operator may not sell cigarettes or,
25tobacco products, or vapor products from a vending machine unless the vending

1machine is located in a place where the retailer or vending machine operator ensures
2that no person younger than 18 21 years of age is present or permitted to enter unless
3he or she is accompanied by his or her parent or guardian or by his or her spouse who
4has attained the age of 18 21 years.
SB70-AA10,77 5Section 77. 134.66 (2m) (a) of the statutes is amended to read:
SB70-AA10,61,206 134.66 (2m) (a) Except as provided in par. (b), at the time that a retailer hires
7or contracts with an agent, employee, or independent contractor whose duties will
8include the sale of cigarettes, vapor products, or tobacco products, the retailer shall
9provide the agent, employee, or independent contractor with training on compliance
10with sub. (2) (a) and (am), including training on the penalties under sub. (4) (a) 2. for
11a violation of sub. (2) (a) or (am). The department of health services shall make
12available to any retailer on request a training program developed or approved by that
13department that provides the training required under this paragraph. A retailer
14may comply with this paragraph by providing the training program developed or
15approved by the department of health services or by providing a comparable training
16program approved by that department. At the completion of the training, the retailer
17and the agent, employee, or independent contractor shall sign a form provided by the
18department of health services verifying that the agent, employee, or independent
19contractor has received the training, which the retailer shall retain in the personnel
20file of the agent, employee, or independent contractor.
SB70-AA10,78 21Section 78. 134.66 (3) of the statutes is amended to read:
SB70-AA10,62,222 134.66 (3) Defense; sale to minor. Proof of all of the following facts by a
23retailer, manufacturer, distributor, jobber, or subjobber, an agent, employee, or
24independent contractor of a retailer, manufacturer, distributor, jobber, or subjobber,
25or an agent or employee of an independent contractor who sells cigarettes or, tobacco

1products, or vapor products to a person under the age of 18 21 is a defense to any
2prosecution, or a complaint made under s. 134.65 (7), for a violation of sub. (2) (a):
SB70-AA10,62,43 (a) That the purchaser falsely represented that he or she had attained the age
4of 18 21 and presented an identification card.
SB70-AA10,62,65 (b) That the appearance of the purchaser was such that an ordinary and
6prudent person would believe that the purchaser had attained the age of 18 21.
SB70-AA10,62,97 (c) That the sale was made in good faith, in reasonable reliance on the
8identification card and appearance of the purchaser and in the belief that the
9purchaser had attained the age of 18 21.
SB70-AA10,79 10Section 79. 139.345 (3) (a) (intro.) of the statutes is amended to read:
SB70-AA10,62,1211 139.345 (3) (a) (intro.) Verifies the consumer's name and address and that the
12consumer is at least 18 21 years of age by any of the following methods:
SB70-AA10,80 13Section 80. 139.345 (3) (b) 2. of the statutes is amended to read:
SB70-AA10,62,1614 139.345 (3) (b) 2. That the consumer understands that no person who is under
1518 21 years of age may purchase or possess cigarettes or falsely represent his or her
16age for the purpose of receiving cigarettes, as provided under s. 254.92.
SB70-AA10,81 17Section 81. 139.345 (7) (a) of the statutes is amended to read:
SB70-AA10,62,2518 139.345 (7) (a) No person may deliver a package of cigarettes sold by direct
19marketing to a consumer in this state unless the person making the delivery receives
20a government issued identification card from the person receiving the package and
21verifies that the person receiving the package is at least 18 21 years of age. If the
22person receiving the package is not the person to whom the package is addressed, the
23person delivering the package shall have the person receiving the package sign a
24statement that affirms that the person to whom the package is addressed is at least
2518 21 years of age.
SB70-AA10,82
1Section 82. Subchapter IX (title) of chapter 254 [precedes 254.911] of the
2statutes is amended to read:
SB70-AA10,63,33 CHAPTER 254
SB70-AA10,63,44 SUBCHAPTER IX
SB70-AA10,63,55 SALE OR GIFT OF CIGARETTES,
SB70-AA10,63,6 6NICOTINE PRODUCTS, VAPOR
SB70-AA10,63,7 7PRODUCTS, OR TOBACCO
SB70-AA10,63,88 PRODUCTS TO MINORS
SB70-AA10,83 9Section 83. 254.911 (11) of the statutes is created to read:
SB70-AA10,63,1010 254.911 (11) “Vapor product” has the meaning given in s. 139.75 (14).
SB70-AA10,84 11Section 84. 254.916 (2) (intro.) of the statutes is amended to read:
SB70-AA10,63,1512 254.916 (2) (intro.) With the permission of his or her parent or guardian, a A
13person under 18 21 years of age, but not under 15 years of age, may buy, attempt to
14buy, or possess any cigarette, nicotine product, or tobacco product, or vapor product
15if all of the following are true:
SB70-AA10,85 16Section 85. 254.916 (2) (d) of the statutes is created to read:
SB70-AA10,63,1817 254.916 (2) (d) If the person is under 18 years of age, he or she has obtained
18permission from his or her parent or guardian to participate in the investigation.
SB70-AA10,86 19Section 86. 254.916 (3) (a), (b), (c) and (d) of the statutes are amended to read:
SB70-AA10,63,2120 254.916 (3) (a) If questioned about his or her age during the course of an
21investigation, the minor person under 21 years of age shall state his or her true age.
SB70-AA10,63,2322 (b) A minor person under 21 years of age may not be used for the purposes of
23an investigation at a retail outlet at which the minor person is a regular customer.
SB70-AA10,63,2524 (c) The appearance of a minor person under 21 years of age may not be
25materially altered so as to indicate greater age.
SB70-AA10,64,5
1(d) A photograph or videotape of the minor person under 21 years of age shall
2be made before or after the investigation or series of investigations on the day of the
3investigation or series of investigations. If a prosecution results from an
4investigation, the photograph or videotape shall be retained until the final
5disposition of the case.
SB70-AA10,87 6Section 87. 254.916 (3) (f) 2. of the statutes is amended to read:
SB70-AA10,64,77 254.916 (3) (f) 2. The age of the minor person under 21 years of age.
SB70-AA10,88 8Section 88. 254.916 (11) of the statutes is amended to read:
SB70-AA10,64,229 254.916 (11) A person conducting an investigation under this section may not
10have a financial interest in a regulated cigarette and tobacco product retailer, a vapor
11product retailer,
a tobacco vending machine operator, a tobacco vending machine
12premises, or a tobacco vending machine that may interfere with his or her ability to
13properly conduct that investigation. A person who is investigated under this section
14may request the local health department or local law enforcement agency that
15contracted for the investigation to conduct a review under ch. 68 to determine
16whether the person conducting the investigation is in compliance with this
17subsection or, if applicable, may request the state agency or state law enforcement
18agency that contracted for the investigation to conduct a contested case hearing
19under ch. 227 to make that determination. The results of an investigation that is
20conducted by a person who is not in compliance with this subsection may not be used
21to prosecute a violation of s. 134.66 (2) (a) or (am) or a local ordinance adopted under
22s. 134.66 (5).
SB70-AA10,89 23Section 89. 254.92 (title) of the statutes is amended to read:
SB70-AA10,64,25 24254.92 (title) Purchase or possession of cigarettes or, tobacco products,
25nicotine products, or vapor products
by person under 18 21 prohibited.
SB70-AA10,90
1Section 90. 254.92 (1) of the statutes is amended to read:
SB70-AA10,65,42 254.92 (1) No person under 18 21 years of age may falsely represent his or her
3age for the purpose of receiving any cigarette, nicotine product, or tobacco product,
4or vapor product
.
SB70-AA10,91 5Section 91. 254.92 (2) of the statutes is amended to read:
SB70-AA10,65,86 254.92 (2) No person under 18 21 years of age may purchase, attempt to
7purchase, or possess any cigarette, nicotine product, or tobacco product, or vapor
8product
except as follows:
SB70-AA10,65,129 (a) A person under 18 21 years of age may purchase or possess cigarettes,
10nicotine products, or tobacco products, or vapor products for the sole purpose of resale
11in the course of employment during his or her working hours if employed by a
12retailer.
SB70-AA10,65,1613 (b) A person under 18 21 years of age, but not under 15 years of age, may
14purchase, attempt to purchase or possess cigarettes, nicotine products, or tobacco
15products, or vapor products in the course of his or her participation in an
16investigation under s. 254.916 that is conducted in accordance with s. 254.916 (3).
SB70-AA10,92 17Section 92. 254.92 (2m) (intro.) of the statutes is amended to read:
SB70-AA10,65,2018 254.92 (2m) (intro.) No person may purchase cigarettes, tobacco products, or
19nicotine products, or vapor products on behalf of, or to provide to, any person who is
20under 18 21 years of age. Any person who violates this subsection may be:
SB70-AA10,93 21Section 93. 254.92 (3) of the statutes is amended to read:
SB70-AA10,65,2422 254.92 (3) A law enforcement officer shall seize any cigarette, nicotine product,
23or tobacco product, or vapor product that has been sold to and is in the possession of
24a person under 18 21 years of age.
SB70-AA10,9302
1Section 9302. Initial applicability; Agriculture, Trade and Consumer
2Protection.
SB70-AA10,66,123 (1) Minimum age for cigarettes, nicotine products, tobacco products, and
4vapor products.
The treatment of ss. 134.66 (title), (1) (jm), (2) (a), (am), (b), and (cm)
51m., (2m) (a), and (3), 139.345 (3) (a) (intro.) and (b) 2. and (7) (a), 254.911 (11),
6254.916 (2) (intro.) and (d), (3) (a), (b), (c), (d), and (f) 2., and (11), and 254.92 (title),
7(1), (2), (2m) (intro.), and (3) and subch. IX (title) of ch. 254 first applies to purchases,
8attempts to purchase, possession, and false representations of age for the purpose of
9receiving any cigarette, nicotine product, tobacco product, or vapor product by
10persons under 21 years of age on the effective date of this subsection and to sales or
11the provision of cigarettes, nicotine products, tobacco products, or vapor products to
12persons under 21 years of age on the effective date of this subsection.”.
SB70-AA10,66,13 13221. Page 374, line 11: after that line insert:
SB70-AA10,66,15 14 Section 94. 20.005 (3) (schedule) of the statutes: at the appropriate place,
15insert the following amounts for the purposes indicated: - See PDF for table PDF - See PDF for table PDF - See PDF for table PDF - See PDF for table PDF
SB70-AA10,95 16Section 95. 20.455 (2) (be) of the statutes is created to read:
SB70-AA10,67,217 20.455 (2) (be) Law enforcement recruitment, retention, and wellness grant
18program.
As a continuing appropriation, the amounts in the schedule to provide

1grants under s. 165.991 to law enforcement agencies to fund programs designed to
2recruit and retain law enforcement officers and promote officer wellness.
SB70-AA10,96 3Section 96. 165.991 of the statutes is created to read:
SB70-AA10,67,8 4165.991 Grants for law enforcement recruitment, retention, and
5wellness programs.
The department of justice shall award grants from the
6appropriation under s. 20.455 (2) (be) to law enforcement agencies and tribal law
7enforcement agencies in this state to fund programs that recruit and retain law
8enforcement officers and that promote officer wellness.”.
SB70-AA10,67,9 9222. Page 374, line 11: after that line insert:
SB70-AA10,67,10 10 Section 97. 165.08 (1) of the statutes is amended to read:
SB70-AA10,67,2311 165.08 (1) Any civil action prosecuted by the department by direction of any
12officer, department, board, or commission, or any shall be compromised or
13discontinued when so directed by such officer, department, board, or commission.

14Any civil action prosecuted by the department on the initiative of the attorney
15general, or at the request of any individual may be compromised or discontinued with
16the approval of an intervenor under s. 803.09 (2m) or, if there is no intervenor, by
17submission of a proposed plan to the joint committee on finance for the approval of
18the committee. The compromise or discontinuance may occur only if the joint
19committee on finance approves the proposed plan. No proposed plan may be
20submitted to the joint committee on finance if the plan concedes the
21unconstitutionality or other invalidity of a statute, facially or as applied, or concedes
22that a statute violates or is preempted by federal law, without the approval of the
23joint committee on legislative organization
the governor.
SB70-AA10,98 24Section 98. 165.12 (2) (a) of the statutes is repealed.
SB70-AA10,99
1Section 99. 165.25 (6) (a) 1. of the statutes is amended to read:
SB70-AA10,68,232 165.25 (6) (a) 1. At the request of the head of any department of state
3government, the attorney general may appear for and defend any state department,
4or any state officer, employee, or agent of the department in any civil action or other
5matter brought before a court or an administrative agency which is brought against
6the state department, or officer, employee, or agent for or on account of any act
7growing out of or committed in the lawful course of an officer's, employee's, or agent's
8duties. Witness fees or other expenses determined by the attorney general to be
9reasonable and necessary to the defense in the action or proceeding shall be paid as
10provided for in s. 885.07. The attorney general may compromise and settle the action
11as the attorney general determines to be in the best interest of the state except that,
12if the action is for injunctive relief or there is a proposed consent decree, the attorney
13general may not compromise or settle the action without the approval of an
14intervenor under s. 803.09 (2m) or, if there is no intervenor, without first submitting
15a proposed plan to the joint committee on finance. If, within 14 working days after
16the plan is submitted, the cochairpersons of the committee notify the attorney
17general that the committee has scheduled a meeting for the purpose of reviewing the
18proposed plan, the attorney general may compromise or settle the action only with
19the approval of the committee. The attorney general may not submit a proposed plan
20to the joint committee on finance under this subdivision in which the plan concedes
21the unconstitutionality or other invalidity of a statute, facially or as applied, or
22concedes that a statute violates or is preempted by federal law, without the approval
23of the joint committee on legislative organization
.”.
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