AB93: Bill Text

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2011 - 2012 LEGISLATURE

2011 Assembly BILL 93

April 13, 2011 - Introduced by Representatives Bies, Krug, Fields, Berceau, Bernard Schaber, Brooks, Bewley, Endsley, Hebl, Honadel, Jacque, Jorgensen, Kerkman, Knilans, A. Ott, Pasch, Richards, Severson, Sinicki, Spanbauer, Strachota, Wynn, Zamarripa and Zepnick, cosponsored by Senators Cowles, Olsen, Holperin and Lassa. Referred to Committee on Public Health and Public Safety.

AB93,1,3 An Act to amend 254.92 (2m) (intro.) of the statutes; relating to: prohibiting purchase of tobacco products on behalf of, or to provide to, a minor and providing penalties.

Analysis by the Legislative Reference Bureau

Under current law, purchasing cigarettes on behalf of, or to provide to, a minor is punishable by a forfeiture of not more than $500 for a violation that is not committed within 30 months of a previous violation; a fine of not more than $500 or imprisonment for not more than 30 days, or both, for a violation that is committed within 30 months of a previous violation; a fine of not more than $1,000 or imprisonment for not more than 90 days, or both, for a violation that is committed within 30 months of two previous violations; and a fine of not more than $10,000 or imprisonment for not more than nine months, or both, for a violation that is committed within 30 months of three previous violations.

This bill expands the prohibition on purchasing cigarettes on behalf of, or to provide to, a minor, to include purchasing tobacco products for the same purpose.

Because this bill creates a new crime or revises a penalty for an existing crime, the Joint Review Committee on Criminal Penalties may be requested to prepare a report concerning the proposed penalty and the costs or savings that are likely to result if the bill is enacted.

The people of the state of Wisconsin, represented in senate and assembly, do enact as follows:

AB93, s. 1 Section 1. 254.92 (2m) (intro.) of the statutes is amended to read:

AB93,2,4 254.92 (2m) (intro.) No person may purchase cigarettes or tobacco products on behalf of, or to provide to, any person who is under 18 years of age. Any person who violates this subsection may be:

AB93,2,5 (End)