SB151: Bill Text

LRB-2622/1

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1999 - 2000 LEGISLATURE

1999 Senate BILL 151

May 13, 1999 - Introduced by Senators Rosenzweig, Risser, Roessler, Erpenbach, Panzer, Darling, Clausing and A. Lasee, cosponsored by Representatives Urban, Olsen, Bock, Montgomery, Jeskewitz, Ladwig, Cullen, Staskunas, Freese, Huber, Black, Owens, Richards, Miller and Young. Referred to Committee on Economic Development, Housing and Government Operations.

SB151,1,3 An Act to renumber and amend 134.66 (2) (e); and to create 134.66 (2) (e) 2. of the statutes; relating to: sale and distribution of cigarettes in packages or containers with fewer than 20 cigarettes.

Analysis by the Legislative Reference Bureau

Under current law, a retailer is prohibited from selling cigarettes other than in a package or a container on which a cigarette tax stamp has been affixed. Although tax stamps are usually affixed to packages of 20 cigarettes, state law does not preclude the sale and affixing of tax stamps to packages with fewer than 20 cigarettes.

On November 23, 1998, Wisconsin and other states agreed to a settlement of lawsuits brought against the major U.S. tobacco product manufacturers. Under that settlement agreement, manufacturers that are bound by the agreement are prohibited from selling or distributing in Wisconsin or in these other states cigarettes in packs or containers that contain fewer than 20 cigarettes, but this prohibition ends on December 31, 2001.

This bill prohibits the sale or giving away of cigarettes in packages or containers with fewer than 20 cigarettes, thus making the prohibition permanent in Wisconsin.

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

SB151, s. 1 Section 1. 134.66 (2) (e) of the statutes is renumbered 134.66 (2) (e) (intro.) and amended to read:

SB151,2,6 134.66 (2) (e) (intro.) No retailer, manufacturer, distributor, jobber or subjobber, no agent, employe or independent contractor of a retailer, manufacturer, distributor, jobber or subjobber and no agent or employe of an independent contractor may sell do any of the following:

SB151,2,8 1. Sell or provide for nominal or no consideration cigarettes in a form other than as a package or container on which a stamp is affixed under s. 139.32 (1).

SB151, s. 2 Section 2. 134.66 (2) (e) 2. of the statutes is created to read:

SB151,2,11 134.66 (2) (e) 2. Sell or provide for nominal or no consideration cigarettes in a package or container with fewer than 20 cigarettes.

SB151,2,12 (End)