LRB-3064/1
MDK:amn
2019 - 2020 LEGISLATURE
May 30, 2019 - Introduced by Senators Jacque,
Risser, Carpenter, Smith, Bewley,
Larson and Ringhand, cosponsored by Representatives Kolste,
Mursau,
Quinn, Oldenburg, Sinicki, Milroy, Goyke, Billings, Ohnstad, Considine,
Crowley, Subeck, Hesselbein, Anderson, Zamarripa, Rodriguez,
Skowronski, Pope, Stubbs and Neubauer. Referred to Committee on
Government Operations, Technology and Consumer Protection.
SB245,1,3
1An Act to repeal and recreate 101.123 (1) (h); and
to create 101.123 (1) (k) of
2the statutes;
relating to: applying the indoor smoking ban to vapor products
3and marijuana.
Analysis by the Legislative Reference Bureau
This bill revises the definition of “smoking” for purposes of the general
prohibition under current law against smoking in indoor locations. Current law
defines “smoking” as burning, holding, inhaling, or exhaling smoke from any of the
following tobacco-containing items: a lighted cigar, cigarette, or pipe or any other
lighted smoking equipment. This bill defines “smoking” as inhaling, exhaling,
burning, or carrying any lighted or heated cigar, cigarette, pipe, hookah, or any other
lighted or heated tobacco or plant product that is intended for inhalation, including
natural or synthetic marijuana, in any manner or in any form.
In addition, the bill specifies that “smoking” includes inhaling or exhaling
vapor from a “vapor product,” which the bill defines as any noncombustible product
that employs a heating element, power source, electronic circuit, or other electronic,
chemical, or mechanical means that can be used to produce vapor from a solution or
other substance. The bill specifies that “vapor product” includes an electronic
cigarette, electronic cigar, electronic cigarillo, electronic pipe, or similar product or
device. Also, a product satisfies the definition of “vapor product” regardless of
whether the product contains nicotine.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
SB245,1
1Section 1
. 101.123 (1) (h) of the statutes is repealed and recreated to read:
SB245,2,62
101.123
(1) (h) “Smoking” means inhaling, exhaling, burning, or carrying any
3lighted or heated cigar, cigarette, pipe, hookah, or any other lighted or heated tobacco
4or plant product intended for inhalation, including marijuana, whether natural or
5synthetic, in any manner or in any form. “Smoking” includes inhaling or exhaling
6vapor from a vapor product.
SB245,2
7Section 2
. 101.123 (1) (k) of the statutes is created to read:
SB245,2,118
101.123
(1) (k) 1. “Vapor product” means any noncombustible product, which
9may or may not contain nicotine, that employs a heating element, power source,
10electronic circuit, or other electronic, chemical, or mechanical means, regardless of
11shape or size, that can be used to produce vapor from a solution or other substance.
SB245,2,1212
2. “Vapor product” includes all of the following:
SB245,2,1413
a. An electronic cigarette, electronic cigar, electronic cigarillo, electronic pipe,
14or similar product or device.
SB245,2,1815
b. Any cartridge or other container of a solution or other substance, which may
16or may not contain nicotine, that is intended to be used with or in an electronic
17cigarette, electronic cigar, electronic cigarillo, electronic pipe, or similar product or
18device.
