LRB-2420/2
MGG:kmg&jlg:arm
1997 - 1998 LEGISLATURE
April 2, 1997 - Introduced by Senators Adelman, Buettner, Clausing, Risser and
Plache, cosponsored by Representatives
Duff, Huber, J. Lehman, Lazich, La
Fave, Bock, Urban, R. Young, Notestein, Staskunas, Turner, Baldwin,
Morris-Tatum and
Wasserman. Referred to Committee on Economic
Development, Housing and Government Operations.
SB143,1,3
1An Act to renumber and amend 134.66 (5);
to amend 134.66 (4) (a) 1.; and
to
2create 134.66 (5) (b) and (c) of the statutes;
relating to: the sale of cigarettes
3and tobacco products and providing a penalty.
Analysis by the Legislative Reference Bureau
Under current law, a county, town, village or city may enact an ordinance
regulating the sale or giving away of cigarettes and tobacco products only if the
ordinance is in strict conformity with the state statute regulating these activities.
This bill creates an exception to this strict conformity requirement by allowing a
county, town, city or village to enact, as part of its ordinance, a prohibition against
selling cigarettes or other tobacco products in a manner that results in their being
directly accessible to the public. The ordinance may also prohibit a person from
selling or giving away tobacco products without directly handing the tobacco product
to the purchaser or other recipient.
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:
SB143, s. 1
4Section
1. 134.66 (4) (a) 1. of the statutes is amended to read:
SB143,2,3
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) that complies with sub. (5).
SB143, s. 2
4Section
2. 134.66 (5) of the statutes is renumbered 134.66 (5) (a) and amended
5to read:
SB143,2,106
134.66
(5) (a) A county, town, village or city may
adopt enact an ordinance
7regulating the conduct regulated by this section
only if it strictly conforms to this
8section
, except as provided in par. (b). A county ordinance
adopted enacted under this
9subsection does not apply within any town, village or city that has
adopted enacted 10or
adopts enacts an ordinance under this subsection.
SB143, s. 3
11Section
3. 134.66 (5) (b) and (c) of the statutes are created to read:
SB143,2,1312
134.66
(5) (b) An ordinance enacted under this subsection may contain any of
13the following:
SB143,2,1514
1. A prohibition against the offering for sale of cigarettes or tobacco products
15by a retailer in a manner that results in their being directly accessible to the public.
SB143,2,1916
2. A prohibition against the selling, exchanging, bartering, disposing or giving
17away of cigarettes or tobacco products by a retailer or a retailer's employe or agent
18unless the retailer or the employe or agent personally hands over to that person the
19cigarettes or tobacco products.
SB143,2,2120
(c) The prohibitions under par. (b) 1. and 2. may not apply to the sale of
21cigarettes or tobacco products from vending machines.
