LRB-4388/1
MGG:jlg:lp
1997 - 1998 LEGISLATURE
January 6, 1998 - Introduced by Representatives Dobyns, Walker, Bock, Kreibich,
Handrick, Staskunas, Notestein, Turner, Duff, Cullen, Jeskewitz, R. Young,
Ladwig, Green, La Fave, Robson, Goetsch, Boyle, Morris-Tatum and Huber,
cosponsored by Senators Roessler, Darling and Rosenzweig. Referred to
Committee on State Affairs.
AB691,1,4
1An Act to amend 134.66 (4) (a) 1., 134.66 (5) and 938.983 (5) of the statutes;
2relating to: the authority of counties, towns, villages and cities to enact
3ordinances regulating the purchase, possession, sale or giving away of
4cigarettes and tobacco products.
Analysis by the Legislative Reference Bureau
Under current law, a city, village, town or county may enact an ordinance
regulating the sale or giving away of cigarettes or tobacco products only if the
ordinance strictly conforms to the state statute regulating that conduct. In addition,
current law provides that a city, village, town or county may enact an ordinance
regulating the purchase or possession of cigarettes or tobacco products by a child only
if the ordinance strictly conforms to the state statute regulating that conduct. This
bill removes the requirement that these types of local ordinances strictly conform to
state statutes and instead requires that the local ordinances be at least as strict as
state statutes.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
AB691, s. 1
5Section
1. 134.66 (4) (a) 1. of the statutes is amended to read:
AB691,2,3
1134.66
(4) (a) 1. In this paragraph, "violation" means a violation of sub. (2) (a),
2(c), (cm), (d) or (e) or a local ordinance
which strictly conforms to sub. (2) (a), (c), (cm),
3(d) or (e) enacted under sub. (5).
AB691, s. 2
4Section
2. 134.66 (5) of the statutes is amended to read:
AB691,2,105
134.66
(5) Local ordinance. A county, town, village or city may
adopt enact 6an ordinance regulating the
conduct regulated by this section only if it strictly
7conforms to this section sale or giving away of cigarettes and tobacco products if the
8ordinance is at least as strict as this section. A county ordinance
adopted enacted 9under this subsection does not apply within any town, village or city that has
adopted
10or adopts enacted or enacts an ordinance under this subsection.
AB691, s. 3
11Section
3. 938.983 (5) of the statutes is amended to read:
AB691,2,1712
938.983
(5) A county, town, village or city may
adopt enact an ordinance
13regulating the
conduct regulated by this section only if it strictly conforms to 14purchase or possession of cigarettes or tobacco products by a person under 18 years
15of age if the ordinance is at least as strict as this section. A county ordinance
adopted 16enacted under this section does not apply within any town, village or city that has
17adopted or adopts enacted or enacts an ordinance under this subsection.
