Wisconsin 2019-2020 Regular Session Status: Passed Assembly Bipartisan · 8 D · 6 R cosponsors

AB 422 — 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

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

This bill died with 2019-2020 Regular Session. It reached “Passed Assembly” 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This bill is no longer active — its legislative session has ended, so there is no live prognosis. It would have to be reintroduced in the current session to move again.

Bill Text

What changed in the latest version

247 added · 93 removed

Plain-language change summary

The recent amendments to Bill AB 422 raise the legal age for purchasing cigarettes, tobacco products, and nicotine products from 18 to 21 years old. Additionally, the bill now establishes a minimum legal age specifically for vapor products. These changes are important because they aim to reduce youth access to nicotine and tobacco products, potentially helping to lower smoking rates among young people and improve public health outcomes.

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- 2020 LEGISLATURE LRBa1297/1 MCP&SWB:cjs ASSEMBLY AMENDMENT 3, TO ASSEMBLY SUBSTITUTE AMENDMENT 1, TO ASSEMBLY BILL 422 February 19, 2020 - Offered by RepresentativPIROS.
- 2020 LEGISLATURE LRB-3796/1 TJD&MCP:kjf&amn ASSEMBLY BILL 422 September 12, 2019 - Introduced by Representatives SPIROS, ROWLEY , DITTRIC, L .M YERS, OLDENBURG , RODRIGUEZ, ROHRKASTE , SARGENT, VRUWINK , OWEN , C ONSIDINE, DOYLE, EMERSON , GOYKE, HAYWOOD , JAMES, KOLSTE, B.M EYERS, M ILROY, M URSAU, O HNSTAD, P OPE, SINICK, SPREITZER, STEFFEN , STUBBS, SUBECK , C.TAYLOR, WITTKE, ZAMARRIPA and FIELDS, cosponsored by Senators M ARKLEIN, BEWLEY , DARLING, OLSEN , SHILLIN, JOHNSON , LARSON , RISSE, SCHACHTNER , L.
At the locations indicated, amend the substitute amendment as follows:
TAYLOR, W ANGGAARD , W IRCH and C OWLES .
1.
Referred to Committee on Substance Abuse and Prevention.
Page 1, line 7:
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), 139.345 (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., 254.92 (title), 254.92 (1), 254.92 (2), 254.92 (2m) (intro.) and 254.92 (3);
after “products," insert “providing a legal age for sale, purchase, and possession of vapor products,".
and to create 134.66 (1) (jm), 254.911 (11) and 254.916 (2) (d) of the statutes;
2.
relating to:
Page 2, line 1:
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.
before that line insert:
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 a minimum age for purchasing vapor products.
“SECTION 1e.
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 inhalation - 2020 Legislature - 2 - LRB-3796/1 TJD&MCP:kjf&amn ASSEMBLY BILL 422 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 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 under the age of 21.
For further information see the state 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.
SECTION 1m.
SECTION 2.
LRBa1297/1 - 2020 Legislature - 2 - MCP&SWB:cjs SECTION 1s.
LRB-3796/1 - 2020 Legislature - 3 - TJD&MCP:kjf&amn SECTION 3 ASSEMBLY BILL 422 S ECTION 3.
139.75 (14).”.
139.75 (14).
3.
S ECTION 4.
Page 2, line 7:
134.66 (2) (a), (am), (b) and (cm) 1m.
delete “nicotine products, or tobacco products" and substitute “nicotine products, oracco products, or vapor products".
of the statutes are amended to read:
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, orcco products, or vapor products to any person under the age of 18 21, except as provided in s.
Page 2, line 10:
254.92 (2) (a).
delete the material beginning with “nicotine products," and ending with “tobacco products" on line 11 and substitute “nicotine products, or tobacco products, or vapor products”.
A vending machine operator is not liable under this paragraph for the purchase of cigarettes, nicotine products, or tobacco products from his or her vending machine by a person under the age of 121 if the vending machine operator was unaware of the purchase.
5.
(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 1821 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 years.
Page 3, line 7:
(b) 1.
delete “or tobacco products" and substitute “or tobacco products, or vapor produ".s 6.
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 - 2020 Legislature - 4 - LRB-3796/1 TJD&MCP:kjf&amn ASSEMBLY BILL 422 S ECTION 4 the sale of any cigarette orbacco product, or vapor product to a person under the age of 18 21 is unlawful under this section and s.
Page 3, line 16:
254.92.
delete the material beginning with “cigarettes" and ending with “tobacco product" on line 17 and substitute “cigarettes or, tobacco products, or vapor products are sold to consumers stating that the sale of any cigarette or, tobacco product, or vapor product 7.
2.
Page 3, line 21:
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 the material beginning with “cigarette" and ending with “tobacco product" on line 22 and substitute “cigarette or, tobacco product, or vapor product”.
254.92 and that the purchaser is subject to a forfeiture of not to exceed $50.
8.
(cm) 1m.
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Page 4, line 1:
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 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 years.
delete the material beginning with “cigarettes" and ending with “tobacco products" on line 2 and substitute “cigarettes or, tobacco products, or vapor products”.
S ECTION 5.
9.
Page 4, line 8:
after that line insert:
“SECTION 1z.
(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 LRBa1297/1 - 2020 Legislature - 3 - MCP&SWB:cjs provide the agent, employee, or independent contractor with training on compliance with sub.
(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.
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.”.
At the completion of the training, the retailer and the agent, employee, or independent contractor shall sign a form provided by the LRB-3796/1 - 2020 Legislature - 5 - TJD&MCP:kjf&amn SECTION 5 ASSEMBLY BILL 422 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.
10.
SECTION 6.
Page 4, line 13:
134.66 (3) of the statutes is amended to read:
delete the material beginning with “cigarettes" and ending with “products" on line 14 and substitute “cigarettes orco products, or vapor products”.
134.66 (3) D EFENSE;
11.
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 products, or vapor producto a person under the age of 18 21 is a defense to any prosecution, or a complaint made under s.
Page 6, line 6:
134.65 (7), for a violation of sub.
after “NICOTINE PRODUCTS, " insert “VAPOR PRODUCTS,".
(2) (a):
12.
(a) That the purchaser falsely represented that he or she had attained the age of 181 and presented an identification card.
Page 6, line 7:
(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.
after that line insert:
SECTION 7.
“SECTION 6m.
139.345 (3) (a) (intro.) of the statutes is amended to read:
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:
SECTION 8.
139.345 (3) (b) 2.
of the statutes is amended to read:
139.345 (3) (b) 2.
That the consumer understands that no person who is under 1821 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.
SECTION 9.
139.345 (7) (a) of the statutes is amended to read:
- 2020 Legislature - 6 - LRB-3796/1 TJD&MCP:kjf&amn ASSEMBLY BILL 422 SECTION 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 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.
SECTION 10.
Subchapter IX (title) of chapter 254 [precedes 254.911] of the statutes is amended to read:
CHAPTER 254 SUBCHAPTER IX SALE OR GIFT OF CIGARETTES, NICOTINE PRODUCTS, VAPOR PRODUCTS, OR TOBACCO PRODUCTS TO MINORS SECTION 11.
139.75 (14).”.
139.75 (14).
13.
SECTION 12.
Page 6, line 12:
254.916 (2) (intro.) of the statutes is amended to read:
delete “or tobacco product" and substitute “or tobacco product, or vapor product LRBa1297/1 - 2020 Legislature - 4 - MCP&SWB:cjs 14.
254.916 (2) (intro.) With the permission of his or her parent or guardian, 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:
Page 7, line 15:
SECTION 13.
delete the material beginning with “cigarettes" and ending with “products" on line 16 and substitute “cigarettes or, tobacco products, nicotine products, or vapor products”.
254.916 (2) (d) of the statutes is created to read:
15.
LRB-3796/1 - 2020 Legislature - 7 - TJD&MCP:kjf&amn S ECTION 13 ASSEMBLY BILL 422 254.916 (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.
Page 7, line 21:
SECTION 14.
delete that line and substitute “or tobacco product, or vapor product.”.
254.916 (3) (a), (b), (c) and (d) of the statutes are amended to read:
16.
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 used in the investigation shall state his or her true age.
Page 8, line 1:
(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.
delete “or tobacco product" and substitute “or tobacco product, or vapor product 17.
(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 5:
(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 “or tobacco products" and substitute “or tobacco products, or vapor products 18.
If a prosecution results from an investigation, the photograph or videotape shall be retained until the final disposition of the case.
Page 8, line 9:
SECTION 15.
delete the material beginning with “nicotine products, or" and ending with “tobacco products" on line 10 and substitute “nicotine products, or tobacco products, or vapor products”.
254.916 (3) (f) 2.
19.
of the statutes is amended to read:
Page 8, line 13:
254.916 (3) (f) 2.
delete the material beginning with “tobacco products, or" and ending with “nicotine products" on line 14 and substitute “tobacco products, or nicotine products, or vapor products”.
The age of the minor person under 21 years of age used in the investigation.
20.
SECTION 16.
Page 8, line 19:
254.92 (title) of the statutes is amended to read:
delete “or tobacco product" and substitute “orco product, or vapor product".
254.92 (title) Purchase or possession of cigarettes or, tobacco products, nicotine products, or vapor products by person under 18 21 prohibited.
21.
SECTION 17.
Page 8, line 25:
254.92 (1) of the statutes is amended to read:
delete “or tobacco product" and substitute “tobacco product, or vapor product".
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.
22.
- 2020 Legislature - 8 - LRB-3796/1 TJD&MCP:kjf&amn ASSEMBLY BILL 422 S ECTION 18 S ECTION 18.
Page 9, line 2:
254.92 (2) of the statutes is amended to read:
delete the material beginning with “cigarettes" and ending with “to persons" on line 3 and substitute “cigarettes, nicotine products, tobacco products, or vapor products to persons”.
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:
(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.
(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).
S ECTION 19.
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:
S ECTION 20.
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.
S ECTION 21.Initial 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 the age of 21 on the effective date of this subsection and to sales or the provision of cigarettes, nicotine LRB-3796/1 - 2020 Legislature - 9 - TJD&MCP:kjf&amn S ECTION 21 ASSEMBLY BILL 422 products, tobacco products, or vapor products to persons under the age of 21 on the effective date of this subsection.
SECTION 22.0Effective date.
(1) This act takes effect on the first day of the 7th month beginning after publication.
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Action History

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

  2. Available for scheduling

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

  4. Received from Assembly

  5. Ordered immediately messaged

  6. Representative Hesselbein added as a coauthor

  7. Read a third time and passed

  8. Rules suspended

  9. Ordered to a third reading

  10. Assembly Substitute Amendment 1 adopted

  11. Assembly Amendment 5 to Assembly Substitute Amendment 1 laid on table, Ayes 63, Noes 36

  12. Assembly Amendment 5 to Assembly Substitute Amendment 1 offered by Representatives Billings, Kolste, Sargent, Vining, Anderson, Bowen, Brostoff, Cabrera, Considine, Crowley, Doyle, Emerson, Fields, Goyke, Haywood, Hebl, Hesselbein, Hintz, McGuire, B. Meyers, Milroy, L. Myers, Neubauer, Ohnstad, Pope, Riemer, Shankland, Sinicki, Spreitzer, Stubbs, Stuck, Subeck, C. Taylor, Vruwink and Zamarripa

  13. Assembly Amendment 4 to Assembly Substitute Amendment 1 withdrawn and returned to author

  14. Assembly Amendment 4 to Assembly Substitute Amendment 1 offered by Representatives Kolste, Billings, Sargent and Vining

  15. Assembly Amendment 3 to Assembly Substitute Amendment 1 adopted

  16. Assembly Amendment 2 to Assembly Substitute Amendment 1 withdrawn and returned to author

  17. Read a second time

  18. Assembly Amendment 3 to Assembly Substitute Amendment 1 offered by Representative Spiros

  19. Assembly Amendment 2 to Assembly Substitute Amendment 1 offered by Representatives Kolste, Billings, Sargent and Vining

  20. Made a special order of business at 10:08 AM on 2-20-2020 pursuant to Assembly Resolution 21

  21. Referred to committee on Rules

  22. Report passage as amended recommended by Committee on Substance Abuse and Prevention, Ayes 6, Noes 3

  23. Report Assembly Substitute Amendment 1 adoption recommended by Committee on Substance Abuse and Prevention, Ayes 6, Noes 3

  24. Executive action taken

  25. Assembly Amendment 1 to Assembly Substitute Amendment 1 offered by Representatives Billings, Kolste and Sargent

  26. Assembly Substitute Amendment 1 offered by Representative Spiros

  27. Fiscal estimate received

  28. Fiscal estimate received

  29. Public hearing held

  30. Fiscal estimate received

  31. Representative Emerson withdrawn as a coauthor

  32. Fiscal estimate received

  33. Fiscal estimate received

  34. Fiscal estimate received

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

  36. Introduced by Representatives Spiros, Crowley, Dittrich, L. Myers, Oldenburg, Rodriguez, Rohrkaste, Sargent, Vruwink, Bowen, Considine, Doyle, Emerson, Goyke, Haywood, James, Kolste, B. Meyers, Milroy, Mursau, Ohnstad, Pope, Sinicki, Spreitzer, Steffen, Stubbs, Subeck, C. Taylor, Wittke, Zamarripa and Fields; cosponsored by Senators Marklein, Bewley, Darling, Olsen, Shilling, Johnson, Larson, Risser, Schachtner, L. Taylor, Wanggaard, Wirch and Cowles

Sponsors

Sponsorship breakdown

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31 sponsors · 0 co-sponsors · 101 not signed on

Sponsors (31)

Co-sponsors (0)

None.

Not signed on (101)

101 members have not signed on to this bill.

Show all 101 →

"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 422?
AB 422 is sponsored by B. Meyers, Spiros, John (Republican), Crowley, L. Myers, Oldenburg, Rodriguez, Jessie (Republican), Rohrkaste, Sargent, Vruwink, Bowen, Considine, Doyle, Steve (Democrat), Goyke, James, Kolste, Milroy, Mursau, Jeffrey (Republican), Ohnstad, Pope, Sinicki, Christine (Democrat), Spreitzer, Mark (Democrat), Steffen, David (Republican), Subeck, Lisa (Democrat), Taylor, Sequanna (Democrat), Stubbs, Shelia (Democrat), Haywood, Kalan (Democrat), Dittrich, Barbara (Republican), Zamarripa, Fields, Wittke, Robert (Republican), and Emerson, Jodi (Democrat).
What is the current status of AB 422?
This bill died with 2019-2020 Regular Session. It reached “Passed Assembly” 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 422?
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