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.