Amendment ASA1-AB170

LRBs0081/1

RNK:jld&kjf:an

2015 - 2016 LEGISLATURE

ASSEMBLY SUBSTITUTE AMENDMENT 1, TO ASSEMBLY BILL 170

May 7, 2015 - Offered by Representative Kleefisch.

AB170-ASA1,1,2 An Act to create 101.124 of the statutes; relating to: regulating the use of vapor products.

Analysis by the Legislative Reference Bureau

This substitute amendment provides, with an exception, that a city, village, town, or county may not enact an ordinance that regulates the use of vapor products. The substitute amendment 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 substitute amendment specifies that a city, village, town, or county may restrict or prohibit the use of vapor products in any place in which it conducts the business of the city, village, town, or county.

The substitute amendment also provides that the prohibitions in the substitute amendment do not prevent a person, or his or her agent, from restricting, prohibiting, or allowing the use of vapor products in any place of business owned or operated by that person.

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

AB170-ASA1,1 Section 1. 101.124 of the statutes is created to read:

AB170-ASA1,2,9 101.124 Regulating the use of vapor products. (1) In this section, "vapor product" means a noncombustible product, regardless of shape or size, 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. "Vapor product" includes an electronic cigarette, electronic cigar, electronic cigarillo, or electronic pipe. "Vapor product" does not include any product regulated as a drug or device under sections 501 to 524 of the federal food, drug and cosmetic act, 21 USC 351 to 360n.

AB170-ASA1,2,11 (2) (a) 1. Except as provided in subd. 2., a city, village, town, or county may not enact an ordinance regulating the use of vapor products.

AB170-ASA1,2,14 2. A city, village, town, or county may restrict or prohibit the use of vapor products in any place in which it conducts the business of the city, village, town, or county.

AB170-ASA1,2,17 (b) If, on the effective date of this paragraph .... [LRB inserts date], a city, village, town, or county has in effect an ordinance that is inconsistent with par. (a), the ordinance does not apply and may not be enforced.

AB170-ASA1,2,20 (3) Except as provided in sub. (2) (a) 2., nothing in this section prohibits a person, or his or her agent, from restricting, prohibiting, or allowing the use of vapor products in any place of business owned or operated by that person.

AB170-ASA1,2,21 (End)