Wisconsin 2021-2022 Regular Session Status: To Executive Bipartisan · 4 D · 4 R cosponsors

AB 348 — Relating to: raising the legal age for sale, purchase, and possession of cigarettes and nicotine and tobacco products, providing a legal age for sale, purchase, and possession of vapor products, and providing a penalty. (FE)

Last action — Failed to concur in pursuant to Senate Joint Resolution 1

  1. ✓
    Introduced
  2. ✓
    In Committee
  3. ✓
    Passed Assembly
  4. ✓
    Passed Senate
  5. 5
    To Executive
  6. 6
    Enacted

This bill died with 2021-2022 Regular Session. It reached “To Executive” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.

This bill is no longer active — its legislative session has ended, so there are no live odds of enactment. It would have to be reintroduced in the current session to move again.

Bill Text

What changed in the latest version

261 added · 78 removed

Plain-language change summary

The recent amendment to AB 348 updates the terminology from "vapor products" to "electronic vaping devices" throughout the bill. This change clarifies that the legislation now specifically addresses devices used for vaping, which can deliver a range of substances, not just nicotine. It matters because this specificity helps ensure that all types of electronic vaping devices are included under the new rules raising the legal age for purchasing these items to 21, aiming to better regulate their sale and use.

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- 2022 LEGISLATURE LRBa1408/1 JAM:wlj&emw ASSEMBLY AMENDMENT 2, TO ASSEMBLY BILL 348 February 23, 2022 - Offered by RepresentativPIROS.
- 2022 LEGISLATURE LRB-3128/1 JAM:kjf ASSEMBLY BILL 348 May 27, 2021 - Introduced by Representatives PIROS, BALDEH, BILLING, BOWEN , C ABRAL-GUEVARA , ABRERA, DOYLE, KERKMAN , MURSAU, .M YERS, OLDENBURG , R OZAR, SHELTON, SUBECK, ALLEN and SPREITZER, cosponsored by Senators M ARKLEIN, B ALLWEG , COWLES , D ARLING, L ARSON, P FAF, R OTH , ROYS , W ANGGAARD , AGARD and L .T AYLOR.
At the locations indicated, amend the bill as follows:
Referred to Committee on Substance Abuse and Prevention.
1.
A N A CT to amend 134.66 (title), 134.66 (1) (g), 134.66 (2) (a), (am), (b) and (cm) 1m., 134.66 (2m) (a), 134.66 (3), 139.30 (10), 139.345 (3) (a) (intro.), 139.345 (3) (b) 2., 139.345 (7) (a), subchapter IX (title) of chapter 254 [precedes 254.911], 254.916 (2) (intro.), 254.916 (3) (a), (b), (c) and (d), 254.916 (3) (f) 2., 254.916 (11), 254.92 (title), 254.92 (1), 254.92 (2), 254.92 (2m) (intro.) and 254.92 (3);
Page 1, line 9:
and to create134.66 (1) (jm), 254.911 (11) and 254.916 (2) (d) of the statutes;
delete “vapor products" and substitute “electronic vaping devices".
relating to:
raising the legal age for sale, purchase, and possession of cigarettes and nicotine and tobacco products, providing a legal age for sale, purchase, and possession of vapor products, and providing a penalty.
Analysis by the Legislative Reference Bureau This bill changes the age for purchasing cigarettes, tobacco products, or nicotine products from 18 to 21, and imposes the same minimum age for purchasing vapor products.
Nicotine products are products that contain nicotine and that are not tobacco products, cigarettes, or products that have been approved by the federal Food and Drug Administration for sale as a smoking cessation product.
Tobacco products include products such as cigars, chewing tobacco, and smoking tobacco.
Vapor products are noncombustible products that produce a vapor or aerosol for - 2022 Legislature - 2 - LRB-3128/1 JAM:kjf ASSEMBLY BILL 348 inhalation from the application of a heating element, regardless of whether the liquid or other substance contains nicotine.
Currently, no person under the age of 18 may purchase, attempt to purchase, possess, or falsely represent 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, tobacco products, or nicotine products on behalf of a person who is under the age of 18 and subjects that purchaser to a penalty.
Current law also prohibits a person from delivering a package of cigarettes unless the person making the delivery verifies that the person receiving the package is at least 18 years of age.
The bill changes these ages from 18 to 21.
The bill similarly prohibits the purchase of vapor products by or on behalf of a person who is under the age of 21.
Current law prohibits a retailer, manufacturer, distributor, jobber, subjobber, or independent contractor or an employee or agent of any of these persons from selling or providing cigarettes or tobacco or nicotine products to an individual who is under the age of 18 and from providing cigarettes or tobacco or nicotine products to any person for free unless the cigarettes or products are provided in a place where persons under 18 years of age are generally not permitted to enter.
Current law also prohibits a retailer or vending machine operator from selling cigarettes or tobacco or nicotine products from a vending machine unless the retailer or vending machine operator ensures that no person under 18 years of age is present on or permitted to enter the premises where the machine is located.
The bill changes these ages from to 21.
The bill similarly prohibits the sale or provision of vapor products to a person who is under 21.
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:
SECTION 1.
134.66 (title) of the statutes is amended to read:
134.66 (title) Restrictions on sale or gift of cigarettes or nicotine, vapor, or tobacco products.
SECTION 2.
134.66 (1) (g) of the statutes is amended to read:
134.66 (1) (g) “Retailer" means any person licensed under s.
134.65 (1) or any person that sells, exposes for sale, possesses with intent to sell, exchanges, barters, disposes of, or gives away any vapor products to any person not holding a license under s.
134.65 (1), 139.30 to 139.41, or 139.79.
LRB-3128/1 - 2022 Legislature - 3 - JAM:kjf SECTION 3 ASSEMBLY BILL 348 S ECTION 3.
134.66 (1) (jm) of the statutes is created to read:
134.66 (1) (jm) “Vapor product" has the meaning given in s.
139.75 (14).
S ECTION 4.
134.66 (2) (a), (am), (b) and (cm) 1m.
of the statutes are amended to read:
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, orobacco 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.
(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, orbacco 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 18ears 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.
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(b) 1.
A retailer shall post a sign in areas within his or her premises where cigarettes ortobacco products, or vapor products are sold to consumers stating that - 2022 Legislature - 4 - LRB-3128/1 JAM:kjf ASSEMBLY BILL 348 SECTION 4 the sale of any cigarette ortobacco product, or vapor product to a person under the age of 18 21 is unlawful under this section and s.
254.92.
Page 2, line 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.
delete “vapor," and substitute “electronic vaping devices,".
254.92 and that the purchaser is subject to a forfeiture of not to exceed $50.
3.
(cm) 1m.
Page 2, line 7:
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 1821 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 1821 years.
delete “vapor products" and substitute “electronic vaping devices".
S ECTION 5.
4.
134.66 (2m) (a) of the statutes is amended to read:
Page 3, line 1:
134.66 (2m) (a) Except as provided in par.
delete lines 1 and 2 and substitute:
(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.
“SECTION 3m.
(2) (a) and (am), including training on the penalties under sub.
134.66 (1) (bm) of the statutes is created to read:
(4) (a) 2.
134.66 (1) (bm) “Electronic vaping device” means a device that may be used to deliver any aerosolized or vaporized liquid or other substance for inhalation, regardless of whether the liquid or other substance contains nicotine, including an e-cigarette, e-cigar, e-pipe, vape pen, or e-hookah.
for a violation of sub.
“Electronic vaping device” LRBa1408/1 - 2022 Legislature - 2 - JAM:wlj&emw includes a component, part, or accessory of the device, and includes a liquid or other substance that may be aerosolized or vaporized by such device, regardless of whether the liquid or other substance contains nicotine.
(2) (a) or (am).
“Electronic vaping device” does not include a battery or battery charger when sold separately.
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.
“Electronic vaping device” does not include drugs, devices, or combination products authorized for sale by the U.S.
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.
food and drug administration, as those terms are defined in the Federal Food, Drug, and Cosmetic Act.”.
At the completion of the training, the retailer and the agent, employee, or independent contractor shall sign a form provided by the LRB-3128/1 - 2022 Legislature - 5 - JAM:kjf SECTION 5 ASSEMBLY BILL 348 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.
5.
S ECTION 6.
Page 3, line 9:
134.66 (3) of the statutes is amended to read:
delete “vapor products" and substitute “electronic vaping devices".
134.66 (3) D EFENSE;
6.
SALE TO MINOR.
Page 3, line 12:
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 ciga, tobacco products, or vapor productso a person under the age of 18 21 is a defense to any prosecution, or a complaint made under s.
delete “vapor products" and substitute “electronic vaping devices".
134.65 (7), for a violation of sub.
7.
(2) (a):
Page 3, line 19:
(a) That the purchaser falsely represented that he or she had attained the age of 1821 and presented an identification card.
delete “vapor products" and substitute “electronic vaping devices".
(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 (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.
8.
S ECTION 7.
Page 3, line 25:
139.30 (10) of the statutes is amended to read:
delete “vapor products" and substitute “electronic vaping devices".
139.30 (10) “Retailer" has the meaning given in s.
9.
134.66 (1) (g)s any person licensed under s.
Page 4, line 1:
134.65 (1).
delete “vapor product" and substitute “electronic vaping device".
S ECTION 8.
10.
139.345 (3) (a) (intro.) of the statutes is amended to read:
Page 4, line 5:
139.345 (3) (a) (intro.) Verifies the consumer's name and address and that the consumer is at least 18 years of age by any of the following methods:
delete “vapor product" and substitute “electronic vaping device".
S ECTION 9.
11.
139.345 (3) (b) 2.
Page 4, line 8:
of the statutes is amended to read:
delete “vapor products" and substitute “electronic vaping devices".
- 2022 Legislature - 6 - LRB-3128/1 JAM:kjf ASSEMBLY BILL 348 SECTION 9 139.345 (3) (b) 2.
12.
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.
Page 4, line 16:
254.92.
delete “vapor products" and substitute “electronic vaping devices".
SECTION 10.
LRBa1408/1 - 2022 Legislature - 3 - JAM:wlj&emw 13.
139.345 (7) (a) of the statutes is amended to read:
Page 5, line 9:
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 of age.
delete “vapor products" and substitute “electronic vaping devices".
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.
14.
SECTION 11.
Page 6, line 18:
Subchapter IX (title) of chapter 254 [precedes 254.911] of the statutes is amended to read:
delete the material beginning with “VAPOR" and ending with “PRODUCTS," on line 19 and substitute “ELECTRONIC VAPING DEVICES,”.
CHAPTER 254 SUBCHAPTER IX SALE OR GIFT OF CIGARETTES, NICOTINE PRODUCTS, VAPOR PRODUCTS, OR TOBACCO PRODUCTS TO MINORS SECTION 12.
15.
254.911 (11) of the statutes is created to read:
Page 6, line 21:
254.911 (11) “Vapor product” has the meaning given in s.
delete lines 21 and 22 and substitute:
139.75 (14).
“SECTION 12m.
SECTION 13.
254.911 (1m) of the statutes is created to read:
254.916 (2) (intro.) of the statutes is amended to read:
“254.911 (1m) “Electronic vaping device” has the meaning given in s.
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 LRB-3128/1 - 2022 Legislature - 7 - JAM:kjf S ECTION 13 ASSEMBLY BILL 348 buy,or possess any cigarette, nicotine product, or tobacco product, or vapor product if all of the following are true:
134.66 (1) (bm).”.
SECTION 14.
16.
254.916 (2) (d) of the statutes is created to read:
Page 7, line 1:
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.
delete “vapor product" and substitute “electronic vaping device".
SECTION 15.
17.
254.916 (3) (a), (b), (c) and (d) of the statutes are amended to read:
Page 7, line 24:
254.916 (3) (a) If questioned about his or her age during the course of an investigation, the minorson under 21 years of age used in the investigation shall state his or her true age.
delete the material beginning with “a vapornding with “product" on line 25 and substitute “an electronic vaping device”.
(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 minoris a regular customer.
18.
(c) The appearance of a minor person under 21 years of age may not be materially altered so as to indicate greater age.
Page 8, line 14:
(d) A photograph or videotape of the minorson 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.
delete “vapor products and substitute “electronic vaping devices".
If a prosecution results from an investigation, the photograph or videotape shall be retained until the final disposition of the case.
19.
SECTION 16.
Page 8, line 18:
254.916 (3) (f) 2.
delete “vapor product" and substitute “electronic vaping device".
of the statutes is amended to read:
20.
254.916 (3) (f) 2.
Page 8, line 21:
The age of the minor person under 21 years of age used in the investigation.
delete the material beginning with “vapor" and ending with “product on line 22 and substitute “electronic vaping device”.
SECTION 17.
21.
254.916 (11) of the statutes is amended to read:
Page 8, line 24:
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 - 2022 Legislature - 8 - LRB-3128/1 JAM:kjf ASSEMBLY BILL 348 S ECTION 17 premises, or a tobacco vending machine that may interfere with his or her ability to properly conduct that investigation.
delete “vapor products" and substitute “electronic vaping devices".
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.
22.
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.
Page 9, line 5:
227 to make that determination.
delete “vapor productsd substitute “electronic vaping devices".
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.
LRBa1408/1 - 2022 Legislature - 4 - JAM:wlj&emw 23.
134.66 (2) (a) or (am) or a local ordinance adopted under s.
Page 9, line 9:
134.66 (5).
delete “vapor products" and substitute “electronic vaping devices".
S ECTION 18.
24.
254.92 (title) of the statutes is amended to read:
Page 9, line 13:
254.92 (title) Purchase or possession of cigarettes , tobacco products, nicotine products, or vapor products by person under 18 21 prohibited.
delete “vapor product" and substitute “electronic vaping device".
S ECTION 19.
25.
254.92 (1) of the statutes is amended to read:
Page 9, line 18:
254.92 (1) No person under 1821 years of age may falsely represent his or her age for the purpose of receiving any cigarette, nicotine protobacco product, or vapor product.
delete “vapor product" and substitute “electronic vaping device".
S ECTION 20.
26.
254.92 (2) of the statutes is amended to read:
Page 9, line 20:
254.92 (2) No person under 18 21 years of age may purchase, attempt to purchase, or possess any cigarette, nicotine product, orcco product, or vapor product except as follows:
delete “vapor products" and substitute “electronic vaping devices".
(a) A person under 18 21 years of age may purchase or possess cigarettes, nicotine products, tobacco products, or vapor products for the sole purpose of resale LRB-3128/1 - 2022 Legislature - 9 - JAM:kjf S ECTION 20 ASSEMBLY BILL 348 in the course of employment during his or her working hours if employed by a retailer.
(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 productsin the course of his or her participation in an investigation under s.
254.916 that is conducted in accordance with s.
254.916 (3).
SECTION 21.
254.92 (2m) (intro.) of the statutes is amended to read:
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:
SECTION 22.
254.92 (3) of the statutes is amended to read:
254.92(3) A law enforcement officer shall seize any cigarette, nicotine product, ortobacco product, or vapor product that has been sold to and is in the possession of a person under 18 21 years of age.
SECTION 23.0Initial applicability.
(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.
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Action History

  1. Failed to concur in pursuant to Senate Joint Resolution 1

  2. Referred to committee on Senate Organization

  3. Placed on calendar 3-8-2022 pursuant to Senate Rule 18(1)

  4. Public hearing requirement waived by committee on Senate Organization, pursuant to Senate Rule 18 (1m), Ayes 3, Noes 2

  5. Available for scheduling

  6. Read first time and referred to committee on Senate Organization

  7. Received from Assembly

  8. Ordered immediately messaged

  9. Read a third time and passed

  10. Rules suspended

  11. Ordered to a third reading

  12. Assembly Amendment 2 adopted

  13. Assembly Amendment 2 offered by Representative Spiros

  14. Assembly Amendment 1 withdrawn and returned to author

  15. Read a second time

  16. Made a special order of business at 8:12 AM on 2-23-2022 pursuant to Assembly Resolution 29

  17. Representative Vining added as a coauthor

  18. Referred to committee on Rules

  19. Report passage as amended recommended by Committee on Substance Abuse and Prevention, Ayes 7, Noes 1

  20. Report Assembly Amendment 1 adoption recommended by Committee on Substance Abuse and Prevention, Ayes 7, Noes 1

  21. Representative Haywood added as a coauthor

  22. Representative Cabral-Guevara withdrawn as a coauthor

  23. Representative Kurtz added as a coauthor

  24. Representative Vruwink added as a coauthor

  25. Representative Ohnstad added as a coauthor

  26. Executive action taken

  27. Fiscal estimate received

  28. Representative Hong added as a coauthor

  29. Representative Snyder added as a coauthor

  30. Public hearing held

  31. Fiscal estimate received

  32. Representative Andraca added as a coauthor

  33. Assembly Amendment 1 offered by Representative Spiros

  34. Representative James added as a coauthor

  35. Representative Stubbs added as a coauthor

  36. Fiscal estimate received

  37. Read first time and referred to Committee on Substance Abuse and Prevention

  38. Introduced by Representatives Spiros, Baldeh, Billings, Bowen, Cabral-Guevara, Cabrera, Doyle, Kerkman, Mursau, L. Myers, Oldenburg, Rozar, Shelton, Subeck, Allen and Spreitzer; cosponsored by Senators Marklein, Ballweg, Cowles, Darling, Larson, Pfaff, Roth, Roys, Wanggaard, Agard and L. Taylor

Sponsors

Sponsorship breakdown

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16 sponsors · 0 co-sponsors · 116 not signed on

Sponsors (16)

Co-sponsors (0)

None.

Not signed on (116)

116 members have not signed on to this bill.

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"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.

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Frequently asked questions

Who sponsors AB 348?
AB 348 is sponsored by Spreitzer, Mark (Democrat), Allen, Scott (Republican), Subeck, Lisa (Democrat), Shelton, Rozar, Oldenburg, L. Myers, Mursau, Jeffrey (Republican), Kerkman, Doyle, Steve (Democrat), Cabrera, Cabral-Guevara, Rachael (Republican), Bowen, Billings, Jill (Democrat), Baldeh, and Spiros, John (Republican).
What is the current status of AB 348?
This bill died with 2021-2022 Regular Session. It reached “To Executive” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.
Where can I track AB 348?
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