Amendment AA10-SB70

SB70-AA10,60,6 134.66 (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, or tobacco products, or vapor products to any person under the age of 18 21, 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, or tobacco products, or vapor products from his or her vending machine by a person under the age of 18 21 if the vending machine operator was unaware of the purchase.

SB70-AA10,60,15 (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, or tobacco products, or vapor products to any person except in a place where no person younger than 18 21 years of age is present or permitted to enter unless the person who is younger than 18 21 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 21 years.

SB70-AA10,60,19 (b) 1. A retailer shall post a sign in areas within his or her premises where cigarettes or, tobacco products , or vapor products are sold to consumers stating that the sale of any cigarette or, tobacco product, or vapor product to a person under the age of 18 21 is unlawful under this section and s. 254.92.

SB70-AA10,60,23 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 or, tobacco product, or vapor product by a person under the age of 18 21 is unlawful under s. 254.92 and that the purchaser is subject to a forfeiture of not to exceed $50.

SB70-AA10,61,4 (cm) 1m. A retailer or vending machine operator may not sell cigarettes or, tobacco products, or vapor 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 21 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 21 years.

SB70-AA10,77 Section 77. 134.66 (2m) (a) of the statutes is amended to read:

SB70-AA10,61,20 134.66 (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.

SB70-AA10,78 Section 78. 134.66 (3) of the statutes is amended to read:

SB70-AA10,62,2 134.66 (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):

SB70-AA10,62,4 (a) That the purchaser falsely represented that he or she had attained the age of 18 21 and presented an identification card.

SB70-AA10,62,6 (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.

SB70-AA10,62,9 (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.

SB70-AA10,79 Section 79. 139.345 (3) (a) (intro.) of the statutes is amended to read:

SB70-AA10,62,12 139.345 (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:

SB70-AA10,80 Section 80. 139.345 (3) (b) 2. of the statutes is amended to read:

SB70-AA10,62,16 139.345 (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.

SB70-AA10,81 Section 81. 139.345 (7) (a) of the statutes is amended to read:

SB70-AA10,62,25 139.345 (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.

SB70-AA10,82 Section 82. Subchapter IX (title) of chapter 254 [precedes 254.911] of the statutes is amended to read:

SB70-AA10,63,3 CHAPTER 254

SB70-AA10,63,4 SUBCHAPTER IX

SB70-AA10,63,5 SALE OR GIFT OF CIGARETTES,

SB70-AA10,63,6 NICOTINE PRODUCTS, VAPOR

SB70-AA10,63,7 PRODUCTS, OR TOBACCO

SB70-AA10,63,8 PRODUCTS TO MINORS

SB70-AA10,83 Section 83. 254.911 (11) of the statutes is created to read:

SB70-AA10,63,10 254.911 (11) “Vapor product” has the meaning given in s. 139.75 (14).

SB70-AA10,84 Section 84. 254.916 (2) (intro.) of the statutes is amended to read:

SB70-AA10,63,15 254.916 (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:

SB70-AA10,85 Section 85. 254.916 (2) (d) of the statutes is created to read:

SB70-AA10,63,18 254.916 (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.

SB70-AA10,86 Section 86. 254.916 (3) (a), (b), (c) and (d) of the statutes are amended to read:

SB70-AA10,63,21 254.916 (3) (a) If questioned about his or her age during the course of an investigation, the minor person under 21 years of age shall state his or her true age.

SB70-AA10,63,23 (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.

SB70-AA10,63,25 (c) The appearance of a minor person under 21 years of age may not be materially altered so as to indicate greater age.

SB70-AA10,64,5 (d) A photograph or videotape of the minor person under 21 years of age 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.

SB70-AA10,87 Section 87. 254.916 (3) (f) 2. of the statutes is amended to read:

SB70-AA10,64,7 254.916 (3) (f) 2. The age of the minor person under 21 years of age.

SB70-AA10,88 Section 88. 254.916 (11) of the statutes is amended to read:

SB70-AA10,64,22 254.916 (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).

SB70-AA10,89 Section 89. 254.92 (title) of the statutes is amended to read:

SB70-AA10,64,25 254.92 (title) Purchase or possession of cigarettes or, tobacco products, nicotine products, or vapor products by person under 18 21 prohibited.

SB70-AA10,90 Section 90. 254.92 (1) of the statutes is amended to read:

SB70-AA10,65,4 254.92 (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.

SB70-AA10,91 Section 91. 254.92 (2) of the statutes is amended to read:

SB70-AA10,65,8 254.92 (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:

SB70-AA10,65,12 (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.

SB70-AA10,65,16 (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).

SB70-AA10,92 Section 92. 254.92 (2m) (intro.) of the statutes is amended to read:

SB70-AA10,65,20 254.92 (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:

SB70-AA10,93 Section 93. 254.92 (3) of the statutes is amended to read:

SB70-AA10,65,24 254.92 (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.

SB70-AA10,9302 Section 9302. Initial applicability; Agriculture, Trade and Consumer Protection.

SB70-AA10,66,12 (1) Minimum age for cigarettes, nicotine products, tobacco products, and vapor products. The treatment of ss. 134.66 (title), (1) (jm), (2) (a), (am), (b), and (cm) 1m., (2m) (a), and (3), 139.345 (3) (a) (intro.) and (b) 2. and (7) (a), 254.911 (11), 254.916 (2) (intro.) and (d), (3) (a), (b), (c), (d), and (f) 2., and (11), and 254.92 (title), (1), (2), (2m) (intro.), and (3) and subch. IX (title) of ch. 254 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.”.

SB70-AA10,66,13 221. Page 374, line 11: after that line insert:

SB70-AA10,66,15 “ Section 94. 20.005 (3) (schedule) of the statutes: at the appropriate place, insert the following amounts for the purposes indicated: - See PDF for table - See PDF for table - See PDF for table - See PDF for table

SB70-AA10,95 Section 95. 20.455 (2) (be) of the statutes is created to read:

SB70-AA10,67,2 20.455 (2) (be) Law enforcement recruitment, retention, and wellness grant program. As a continuing appropriation, the amounts in the schedule to provide grants under s. 165.991 to law enforcement agencies to fund programs designed to recruit and retain law enforcement officers and promote officer wellness.

SB70-AA10,96 Section 96. 165.991 of the statutes is created to read:

SB70-AA10,67,8 165.991 Grants for law enforcement recruitment, retention, and wellness programs. The department of justice shall award grants from the appropriation under s. 20.455 (2) (be) to law enforcement agencies and tribal law enforcement agencies in this state to fund programs that recruit and retain law enforcement officers and that promote officer wellness.”.

SB70-AA10,67,9 222. Page 374, line 11: after that line insert:

SB70-AA10,67,10 “ Section 97. 165.08 (1) of the statutes is amended to read:

SB70-AA10,67,23 165.08 (1) Any civil action prosecuted by the department by direction of any officer, department, board, or commission, or any shall be compromised or discontinued when so directed by such officer, department, board, or commission. Any civil action prosecuted by the department on the initiative of the attorney general, or at the request of any individual may be compromised or discontinued with the approval of an intervenor under s. 803.09 (2m) or, if there is no intervenor, by submission of a proposed plan to the joint committee on finance for the approval of the committee. The compromise or discontinuance may occur only if the joint committee on finance approves the proposed plan. No proposed plan may be submitted to the joint committee on finance if the plan concedes the unconstitutionality or other invalidity of a statute, facially or as applied, or concedes that a statute violates or is preempted by federal law, without the approval of the joint committee on legislative organization the governor.

SB70-AA10,98 Section 98. 165.12 (2) (a) of the statutes is repealed.

SB70-AA10,99 Section 99. 165.25 (6) (a) 1. of the statutes is amended to read:

SB70-AA10,68,23 165.25 (6) (a) 1. At the request of the head of any department of state government, the attorney general may appear for and defend any state department, or any state officer, employee, or agent of the department in any civil action or other matter brought before a court or an administrative agency which is brought against the state department, or officer, employee, or agent for or on account of any act growing out of or committed in the lawful course of an officer's, employee's, or agent's duties. Witness fees or other expenses determined by the attorney general to be reasonable and necessary to the defense in the action or proceeding shall be paid as provided for in s. 885.07. The attorney general may compromise and settle the action as the attorney general determines to be in the best interest of the state except that, if the action is for injunctive relief or there is a proposed consent decree, the attorney general may not compromise or settle the action without the approval of an intervenor under s. 803.09 (2m) or, if there is no intervenor, without first submitting a proposed plan to the joint committee on finance. If, within 14 working days after the plan is submitted, the cochairpersons of the committee notify the attorney general that the committee has scheduled a meeting for the purpose of reviewing the proposed plan, the attorney general may compromise or settle the action only with the approval of the committee. The attorney general may not submit a proposed plan to the joint committee on finance under this subdivision in which the plan concedes the unconstitutionality or other invalidity of a statute, facially or as applied, or concedes that a statute violates or is preempted by federal law, without the approval of the joint committee on legislative organization.”.

SB70-AA10,68,24 223. Page 374, line 11: after that line insert:

SB70-AA10,69,1 “ Section 100. 20.455 (2) (gb) of the statutes is amended to read:

SB70-AA10,69,6 20.455 (2) (gb) Gifts and grants. The amounts in the schedule to carry out the purposes for which gifts and grants are made and received. All moneys received from gifts and grants, other than moneys received for and credited to another appropriation account under this subsection, shall be credited to this appropriation account to carry out the purposes for which made and received.

SB70-AA10,101 Section 101. 20.455 (3) (g) of the statutes is amended to read:

SB70-AA10,69,14 20.455 (3) (g) Gifts, grants and proceeds. The amounts in the schedule to carry out the purposes for which gifts and grants are made and collected. All moneys received from gifts and grants and all proceeds from services, conferences, and sales of publications and promotional materials to carry out the purposes for which made or collected, except as provided in sub. (2) (gm) and (gp) and to transfer to s. 20.505 (1) (kg), at the discretion of the attorney general, an amount not to exceed $98,300 annually, shall be credited to this appropriation account.

SB70-AA10,102 Section 102. 165.10 of the statutes is amended to read:

SB70-AA10,70,3 165.10 Deposit Limits on expenditure of discretionary settlement funds. The Notwithstanding s. 20.455 (3), before the attorney general shall deposit all may expend settlement funds into the general fund under s. 20.455 (3) (g) that are not committed under the terms of the settlement, the attorney general shall submit to the joint committee on finance a proposed plan for the expenditure of the funds. If the cochairpersons of the committee do not notify the attorney general within 14 working days after the submittal that the committee has scheduled a meeting for the purpose of reviewing the proposed plan, the attorney general may expend the funds to implement the proposed plan. If, within 14 working days after the submittal, the cochairpersons of the committee notify the attorney general that the committee has scheduled a meeting for the purpose of reviewing the proposed plan, the attorney general may expend the funds only to implement the plan as approved by the committee.”.

SB70-AA10,70,4 224. Page 374, line 11: after that line insert:

SB70-AA10,70,6 “ Section 103. 20.005 (3) (schedule) of the statutes: at the appropriate place, insert the following amounts for the purposes indicated: - See PDF for table - See PDF for table - See PDF for table - See PDF for table

SB70-AA10,104 Section 104. 20.455 (2) (fw) of the statutes is created to read:

SB70-AA10,70,11 20.455 (2) (fw) Elder abuse hotline and grant program. As a continuing appropriation, the amounts in the schedule to fund a statewide elder abuse hotline and to provide grants under s. 165.937 to programs that promote the protection of elders.

SB70-AA10,105 Section 105. 165.937 of the statutes is created to read:

SB70-AA10,70,15 165.937 Grants for protection of elders. (1) The department of justice shall award grants from the appropriation under s. 20.455 (2) (fw) to organizations that promote the protection of elders.

SB70-AA10,70,18 (2) The department of justice shall provide funds from the appropriation under s. 20.455 (2) (fw) to support a statewide elder abuse hotline for persons to anonymously provide tips regarding suspected elder abuse.”.

SB70-AA10,70,19 225. Page 374, line 11: after that line insert:

SB70-AA10,71,2 “ Section 106. 66.0501 (1) of the statutes is renumbered 66.0501 (1) (a) and amended to read:

SB70-AA10,71,6 66.0501 (1) (a) No Except as provided in par. (b), no person may be appointed deputy sheriff of any county or police officer for any city, village , or town unless that person is a citizen of the United States. This section does not apply to common carriers or to a deputy sheriff not required to take an oath of office.

SB70-AA10,107 Section 107. 66.0501 (1) (b) of the statutes is created to read:

SB70-AA10,71,12 66.0501 (1) (b) The sheriff of a county or the appointing authority of a local law enforcement agency that provides police service to a city, village, or town may elect to authorize the appointment of noncitizens who are in receipt of valid employment authorization from the federal department of homeland security as deputy sheriffs for that county or as police officers for that city, village, or town.

SB70-AA10,108 Section 108. 165.85 (4) (a) 1m. of the statutes is created to read:

SB70-AA10,71,17 165.85 (4) (a) 1m. The board may not create criteria for participation in the preparatory training program under subd. 1. that would prevent a person from participation if the person is in receipt of a valid employment authorization from the federal department of homeland security.”.

SB70-AA10,71,18 226. Page 374, line 11: after that line insert:

SB70-AA10,71,19 “ Section 9106. Nonstatutory provisions; Children and Families.