AB516: Bill Text

LRB-3459/1

MGG:jrd:ks

1995 - 1996 LEGISLATURE

1995 Assembly BILL 516

August 21, 1995 - Introduced by Representatives Walker, Ladwig, Bock, Urban, Underheim, Duff, Freese, F. Lasee, Goetsch, Kelso, Riley, Grobschmidt, Turner, La Fave, Wasserman, Morris-Tatum, Krusick, Gard, Ward, Ott, Vrakas, Zukowski, Ryba, Ainsworth, Cullen, Bell, Hanson, Kreibich, Brandemuehl, Albers, Plache, Wirch, Black, Baldwin, Robson, Carpenter, R. Young and R. Potter, cosponsored by Senators Darling, Buettner, Rosenzweig, Cowles, Farrow, C. Potter, Plewa, Huelsman, Burke, Risser, Jauch, Clausing and Chvala. Referred to Committee on Urban and Local Affairs.

AB516,1,4 An Act to amend 48.983 (5), 134.66 (4) (a) 1. and 134.66 (5) of the statutes; relating to: the authority of counties, towns, villages and cities to enact ordinances regulating the purchase, possession, sale or giving of cigarettes and tobacco products.

Analysis by the Legislative Reference Bureau

Under current law, a county, town, village or city may enact an ordinance regulating the purchase or possession of cigarettes and tobacco products by minors and an ordinance regulating the sale or free distribution of cigarettes and tobacco products to minors, if those ordinances are in strict conformity with the state statute regulating that conduct. This bill permits a county, town, village or city to enact an ordinance regulating the purchase or possession of cigarettes and tobacco products by a minor and an ordinance regulating the sale or free distribution of cigarettes and tobacco products to minors, if those ordinances are at least as strict as the state statute regulating that conduct. The bill also provides that the state statute regulating the sale or free distribution of cigarettes and tobacco products to minors does not preclude a county, town, village or city from enacting a local ordinance regulating that conduct with respect to adults.

For further information see the 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:

AB516, s. 1 Section 1. 48.983 (5) of the statutes is amended to read:

AB516,2,6 48.983 (5) A county, town, village or city may adopt enact an ordinance regulating the conduct regulated by this section only if it strictly conforms to purchase or possession of cigarettes or tobacco products by a child, if the ordinance is at least as strict as this section. A county ordinance adopted enacted under this section does not apply within any town, village or city that has adopted or adopts enacted or enacts an ordinance under this subsection.

AB516, s. 2 Section 2. 134.66 (4) (a) 1. of the statutes is amended to read:

AB516,2,10 134.66 (4) (a) 1. In this paragraph, "violation" means a violation of sub. (2) (a), (c), (cm), (d) or (e) or a local ordinance which strictly conforms to that is at least as strict as sub. (2) (a), (c), (cm), (d) or (e).

AB516, s. 3 Section 3. 134.66 (5) of the statutes is amended to read:

AB516,2,20 134.66 (5) Local ordinance. A county, town, village or city may adopt enact an ordinance regulating the conduct regulated by this section only if it strictly conforms to this section sale or free distribution of cigarettes and tobacco products to minors if the ordinance is at least as strict as this section. This section does not preclude a county, town, village or city from enacting an ordinance regulating the sale or free distribution of cigarettes and tobacco products to adults. A county ordinance adopted enacted under this subsection does not apply within any town, village or city that has adopted or adopts enacted or enacts an ordinance under this subsection.

AB516,2,21 (End)