LRB-2011/1
RNK:jld&kjf:kf
2015 - 2016 LEGISLATURE
April 20, 2015 - Introduced by Senators Nass and
Lasee, cosponsored by
Representatives Kleefisch, Bernier, Brandtjen, Craig, Gannon,
Horlacher, Jarchow, Knodl, Kremer, Murphy, Mursau, R. Brooks, Steffen,
Swearingen and Weatherston. Referred to Committee on Health and Human
Services.
SB132,1,2
1An Act to create 101.124 of the statutes;
relating to: regulating the use of vapor
2products.
Analysis by the Legislative Reference Bureau
This bill prohibits the use of vapor products in the indoor locations and the
outdoor premises of a child care center when children who are receiving child care
services are present. The bill also prohibits the use of vapor products in the indoor
locations and outdoor premises of a public or private elementary or secondary school
and in the indoor locations of a hospital. The bill defines a vapor product to be a
noncombustible product that contains a cartridge or container of nicotine or
flavoring and that employs a heating element, power source, electronic circuit, or
other means to produce vapor. The definition includes such products as electronic
cigarettes and electronic cigars.
The bill also provides, with an exception, that a city, village, town, or county
may not enact an ordinance that regulates the use of vapor products unless the
ordinance or policy strictly conforms to the prohibitions established in the bill. The
bill specifies that a city, village, town, or county may restrict or prohibit the use of
vapor products in the enclosed places of buildings in which it conducts the business
of the city, village, town, or county.
The bill also provides that the prohibitions in the bill do not prevent a person,
or his or her agent, from restricting, prohibiting, or allowing the use of vapor
products in the enclosed places, or anywhere on the premises, of a place of business
owned or operated by that person, except in those places in which the use of vapor
products is specifically prohibited under the bill.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
SB132,1
1Section
1. 101.124 of the statutes is created to read:
SB132,2,2
2101.124 Restrictions on the use of vapor products. (1) In this section:
SB132,2,33
(a) "Child care center" has the meaning given in s. 49.136 (1) (ad).
SB132,2,44
(b) "Enclosed place" has the meaning given in s. 101.123 (1) (ak).
SB132,2,55
(c) "Hospital" has the meaning given in s. 50.33 (2).
SB132,2,126
(d) "Vapor product" means a noncombustible product, regardless of shape or
7size, that contains a cartridge or container of nicotine or flavoring and that employs
8a heating element, power source, electronic circuit, or other means to produce vapor.
9"Vapor product" includes an electronic cigarette, electronic cigar, electronic cigarillo,
10or electronic pipe. "Vapor product" does not include any product regulated as a drug
11or device under sections 501 to 524 of the federal food, drug and cosmetic act,
21 USC
12351 to
360n.
SB132,2,13
13(2) No person may use a vapor product in any of the following places:
SB132,2,1514
(a) The enclosed places and outdoor premises of a child care center, when
15children who are receiving child care services are present.
SB132,2,1716
(b) The enclosed places and outdoor premises of a public or private elementary
17or secondary school.
SB132,2,1818
(c) The enclosed places of a hospital.
SB132,2,21
19(3) (a) 1. Except as provided in subd. 2., a city, village, town, or county may not
20enact an ordinance regulating the use of vapor products unless the ordinance or
21policy strictly conforms with sub. (2).
SB132,3,3
12. A city, village, town, or county may restrict or prohibit the use of vapor
2products in the enclosed places in which it conducts the business of the city, village,
3town, or county.
SB132,3,64
(b) If, on the effective date of this paragraph .... [LRB inserts date], a city,
5village, town, or county has in effect an ordinance that is inconsistent with par. (a),
6the ordinance does not apply and may not be enforced.
SB132,3,10
7(4) Except as provided in subs. (2) and (3) (a) 2., nothing in this section prohibits
8a person, or his or her agent, from restricting, prohibiting, or allowing the use of
9vapor products in the enclosed places, or anywhere on the premises, of a place of
10business owned or operated by that person.
SB132,3,12
11(5) Any person who violates sub. (2) may be subject to a forfeiture of not less
12than $100 nor more than $250 for each violation.
