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LRB-5583/1
KP:klm
2021 - 2022 LEGISLATURE
March 10, 2022 - Introduced by Representatives Vining, Billings, Pope, Baldeh,
Bowen, Cabrera, Conley, Considine, Hebl, Milroy, Sinicki, Shelton, Stubbs,
Subeck, Vruwink, Hesselbein and Spreitzer, cosponsored by Senators Roys,
Agard, Carpenter and L. Taylor. Referred to Committee on Rules.
AB1125,1,10 1An Act to repeal 134.65 (8) and 139.75 (14); to renumber and amend 134.65
2(1); to amend 134.65 (title), 134.65 (1m), 134.65 (1r), 134.65 (4), 134.65 (5m),
3134.65 (6), 134.66 (1) (g), 139.75 (1), 139.75 (2), 139.75 (4) (a), 139.75 (4) (b),
4139.75 (4) (c), 139.75 (5), 139.75 (6), 139.75 (7), 139.75 (8), 139.75 (9), 139.75
5(10), 139.75 (11), 139.75 (13), 139.76, 139.77 (1), 139.78 (1), 139.78 (1m), 139.78
6(2), 139.79 (1), 139.80, 139.801 (1), 139.801 (3) (a), 139.801 (3) (b), 139.801 (3)
7(c), 139.801 (4), 139.802, 139.803 (4), 139.803 (5), 139.805, 139.81 (1), 139.82 (1),
8139.82 (2) and 139.82 (8); and to create 20.566 (1) (am), 134.65 (1a), 134.65
9(2m), 134.65 (9) and 139.75 (4b) of the statutes; relating to: licenses for the
10retail sale of electronic smoking devices and making an appropriation.
Analysis by the Legislative Reference Bureau
This bill requires a person who sells electronic smoking devices to obtain a
cigarette and tobacco products retailer license. The bill defines an “electronic
smoking device” as any device that can be used to deliver an aerosolized or vaporized
liquid or other substance for inhalation, regardless of whether the liquid or other
substance contains nicotine, including parts, accessories, liquids, substances,
e-cigarettes, e-cigars, e-pipes, vape pens, and e-hookahs.

Specifically, the bill requires a retailer who sells or offers for sale electronic
smoking devices to obtain an annual license from the clerk of the city, village, or town
where the retailer is located. Under the bill, municipalities that issue retail licenses
to sell cigarettes, tobacco products, and electronic smoking devices must submit a list
annually to the Department of Revenue with a list of those licenses and certain
information relating to the licenses and licensees, which DOR must post on its
Internet site.
The bill also authorizes cities, villages, and towns to enact an ordinance
regulating cigarette, tobacco product, and electronic smoking device retailers if the
ordinance is at least as stringent as the requirements under state law. Additionally,
the bill authorizes two positions in the Department of Health Services to conduct
investigations of retail sales of cigarettes, electronic smoking devices, and tobacco
products, and two positions in DOR for administering and enforcing the taxes
imposed on the sale of electronic smoking devices.
The bill also provides additional funding for 1) local investigations of retail
sales of cigarettes and tobacco products, 2) special education aid the Department of
Public Instruction pays to school districts, independent charter schools, cooperative
educational service agencies, and county children with disabilities education boards;
3) the University of Wisconsin System under its general program operations
appropriation; and 4) state aid to technical colleges.
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:
AB1125,1 1Section 1 . 20.005 (3) (schedule) of the statutes: at the appropriate place, insert
2the following amounts for the purposes indicated: - See PDF for table PDF
AB1125,2 3Section 2 . 20.566 (1) (am) of the statutes is created to read:
AB1125,3,4
120.566 (1) (am) Administration of electronic smoking devices tax and
2enforcement
. As a continuing appropriation, the amounts in the schedule for the
3purpose of administering and enforcing the taxes imposed for the sale of electronic
4smoking devices.
AB1125,3 5Section 3 . 134.65 (title) of the statutes is amended to read:
AB1125,3,7 6134.65 (title) Cigarette, electronic smoking devices, and tobacco
7products retailer license.
AB1125,4 8Section 4 . 134.65 (1) of the statutes is renumbered 134.65 (1d) and amended
9to read:
AB1125,3,1510 134.65 (1d) No person shall in any manner, or upon any pretense, or by any
11device, directly or indirectly sell, expose for sale, possess with intent to sell,
12exchange, barter, dispose of or give away any cigarettes, electronic smoking devices,
13or tobacco products to any person not holding a license as herein provided or a permit
14under ss. 139.30 to 139.41 or 139.79 without first obtaining a license from the clerk
15of the city, village or town wherein such privilege is sought to be exercised.
AB1125,5 16Section 5 . 134.65 (1a) of the statutes is created to read:
AB1125,3,1717 134.65 (1a) In this section:
AB1125,3,1818 (a) “Cigarette” has the meaning given in s. 139.30 (1m).
AB1125,3,1919 (b) “Electronic smoking device” has the meaning given in s. 139.75 (4b).
AB1125,3,2020 (c) “Tobacco products” has the meaning given in s. 139.75 (12).
AB1125,3,2121 (d) “Vending machine” has the meaning given in s. 139.30 (14).
AB1125,6 22Section 6 . 134.65 (1m) of the statutes is amended to read:
AB1125,4,223 134.65 (1m) A city, village, or town clerk may not issue a license under sub. (1)
24(1d) unless the applicant specifies in the license application whether the applicant

1will sell, exchange, barter, dispose of, or give away the cigarette, electronic smoking
2devices,
or tobacco products over the counter or in a vending machine, or both.
AB1125,7 3Section 7 . 134.65 (1r) of the statutes is amended to read:
AB1125,4,94 134.65 (1r) A city, village, or town clerk may not require an applicant's
5signature on an application for a cigarette, electronic smoking devices, and tobacco
6products retailer license to be notarized. If a city, village, town, or any department
7of this state prepares an application form for a cigarette, electronic smoking devices,
8and tobacco products retailer license, the form may not require an applicant's
9signature on the form to be notarized.
AB1125,8 10Section 8. 134.65 (2m) of the statutes is created to read:
AB1125,4,1711 134.65 (2m) Annually, no later than July 15, the clerk of a city, village, or town
12issuing licensed under sub. (1d) shall submit to the department of revenue, in a
13manner prescribed by the department, a list of licenses issued by the city, village, or
14town under sub. (1d) during the previous fiscal year. The list shall include the name,
15address, seller's permit number, and trade name of the licensee and the type of
16license held. The department of revenue shall publish the list annually on the
17department's Internet site.
AB1125,9 18Section 9 . 134.65 (4) of the statutes is amended to read:
AB1125,4,2419 134.65 (4) Every licensed retailer shall keep complete and accurate records of
20all purchases and receipts of cigarettes, electronic smoking devices, and tobacco
21products. Such records shall be preserved on the licensed premises for 2 years in such
22a manner as to insure permanency and accessibility for inspection and shall be
23subject to inspection at all reasonable hours by authorized state and local law
24enforcement officials.
AB1125,10 25Section 10 . 134.65 (5m) of the statutes is amended to read:
AB1125,5,3
1134.65 (5m) Any person who knowingly provides materially false information
2in an application for a cigarette, electronic smoking devices, and tobacco products
3retailer license under this section may be required to forfeit not more than $1,000.
AB1125,11 4Section 11. 134.65 (6) of the statutes is amended to read:
AB1125,5,85 134.65 (6) Any 1st class city may revoke, suspend, or refuse to renew any
6license issued under this section, as provided in sub. (7) or a 1st class city may enact
7an ordinance establishing procedures for revoking, suspending, or refusing to renew
8any license issued under this section
.
AB1125,12 9Section 12. 134.65 (8) of the statutes is repealed.
AB1125,13 10Section 13. 134.65 (9) of the statutes is created to read:
AB1125,5,1411 134.65 (9) A city, village, or town may enact and enforce an ordinance
12regulating persons holding a cigarette, electronic smoking devices, and tobacco
13products retailer license under this section if the ordinance is at least as stringent
14as this section.
AB1125,14 15Section 14. 134.66 (1) (g) of the statutes is amended to read:
AB1125,5,1616 134.66 (1) (g) “Retailer" means any person licensed under s. 134.65 (1) (1d).
AB1125,15 17Section 15. 139.75 (1) of the statutes is amended to read:
AB1125,5,2018 139.75 (1) “Business" means any trade, occupation, activity or enterprise
19engaged in for the purpose of selling or distributing tobacco products or vapor
20products
electronic smoking devices in this state.
AB1125,16 21Section 16. 139.75 (2) of the statutes is amended to read:
AB1125,5,2422 139.75 (2) “Consumer" means any person who has title to or possession of
23tobacco products or vapor products electronic smoking devices in storage for use or
24other consumption in this state.
AB1125,17 25Section 17. 139.75 (4) (a) of the statutes is amended to read:
AB1125,6,4
1139.75 (4) (a) Any person engaged in the business of selling tobacco products
2or vapor products electronic smoking devices in this state who brings, or causes to
3be brought, into this state from outside the state any tobacco products or vapor
4products
electronic smoking devices for sale;
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