MADISON, Wis. (AP) -

The Legislature's budget committee has approved Gov. Scott Walker's plan to clarify roll-your-own cigarette machine operators owe the state an excise tax.

Wisconsin law requires cigarette manufacturers to pay a tax of $2.52 per pack. The definition of manufacturer doesn't specifically include roll-your-own machine owners but state officials have imposed the tax on them anyway.

A Wausau tobacco store owner sued in 2011 arguing roll-your-own customers do the manufacturing, not the machine owners. The owner, Robert Petersen, withdrew the lawsuit last year after President Barack Obama signed federal legislation declaring roll-your-own machine owners manufacturers.

A provision in Walker's budget would clarify commercial machine owners are cigarette manufacturers and are subject to the manufacturers' tax. The Joint Finance Committee approved the change Wednesday.