MADISON — Gamers of Wisconsin, start saving your pennies. You’ll have to dig deeper for your beloved “Halo 3,” “Madden NFL ’08” and “Grand Theft Auto” if a state lawmaker gets his way.

State Sen. Jon Erpenbach, D-Middleton, has proposed a bill that would raise the age at which Wisconsin law considers a person an adult in criminal court from 17 to 18. That means the juvenile justice system would have to accommodate 17-year-olds, driving up costs for counties that administer court procedures, treatment and education for juvenile delinquents.
Enter the gamers — and their wallets. Erpenbach’s measure would pay for the new expenses by creating a new power pill for the counties: a 1 percent surcharge on video games and video game consoles, such as Wii systems, Xboxes and PlayStations. The fee would translate to about 60 cents more on the $60 “Halo 3” or $2.50 more on a $250 Wii.

The surcharge would be the first on video games and consoles to support juvenile justice in the country, according to the Entertainment Software Association. The group’s CEO, Michael Gallagher, blasted the idea. He said the surcharge amounts to a discriminatory tax, wrongly implies a link between video games and crime, and would stunt the video game industry in Wisconsin.

“It negatively impacts the hundreds of Wisconsin citizens whose jobs and families depend on the computer and video game industry,” Gallagher said.

Erpenbach said he doesn’t believe video games cause crime. He simply was searching for a revenue stream to cover his bill, he said.

“Here’s one idea to pay for it,” he said. “If you have another one, fine.”

Kaethe Paynter, 36, of Madison, loves to play “Jak and Daxter” and “Ratchet and Clank” on PlayStation 2 with her son, 21-year-old Tristan Rondu. She said 1 percent more amounts to almost nothing for consumers and the money would go to a good cause.

“It would be like young people helping young people,” she said. “It’s a sensible approach to things.”

Wisconsin is among 10 states that automatically treat 17-year-olds as adults in criminal court, according to the National Conference of State Legislatures; 38 other states consider them juveniles.

An average of 27,830 17-year-olds were arrested in Wisconsin each year between 2004 and 2006, according to the latest state figures.

Erpenbach said the law is too harsh. He wrote in a memo to other legislators that brain research proves adolescents make hasty decisions and act on impulse, leading to trouble.

Wendy Henderson, a policy analyst for the Wisconsin Council on Children and Families, said the juvenile system provides treatment and education 17-year-olds need to salvage their lives. Paying for it through video games is appropriate, she said.

“Video games are perhaps not the best use of the kids’ time, so if we can use some of the money from the video games and turn it into something positive, that’s a really good use of that money.”

Erpenbach stressed the bill wouldn’t change provisions in state law that automatically treat anyone older than 10 as adults if they’re charged with violent crimes, such as first-degree murder.

The measure also wouldn’t affect provisions that give prosecutors the option of charging kids between 14 and 16 as adults in other crimes, including kidnapping, drug dealing or gang activity, Erpenbach said.

But the bill’s prospects are murky. Erpenbach is searching for co-sponsors and hasn’t formally introduced the proposal.

No estimates has been made yet of how much the measure might cost counties or how much revenue it could generate. John Reinemann, legislative director of the Wisconsin Counties Association, said the group supports moving 17-year-olds into juvenile court but can’t get behind the bill unless it would clearly pay for itself.

Rep. Steve Nass, R-Whitewater, went Donkey Kong on the measure, sending an e-mail to Republican Assembly members in December warning the bill would create a new sales tax and questioning the tie between video games and juvenile justice.

“Bah-humbug!” Nass’ e-mail said of Erpenbach’s plan.

Still, Nathan Bakken, 20, of Stoughton — a big fan of games such as Guitar Hero and Mass Effect 2 — said the surcharge wouldn’t change his game-buying habits.

“I’m not going to boycott it or anything,” he said. “It’s not that much money. And it’s helping people.”

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