Wisconsin 2023-2024 Regular Session

Wisconsin Assembly Bill AB1062 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
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3	3	2023 - 2024 LEGISLATURE
4	4	2023 ASSEMBLY BILL 1062
5	5	February 2, 2024 - Introduced by Representatives BILLINGS, VINING, BALDEH, BARE,
6	6	CLANCY, CONLEY, CONSIDINE, DRAKE, EMERSON, JOERS, MADISON, MAXEY,
7	7	PALMERI, SINICKI, STUBBS, SUBECK and JACOBSON, cosponsored by Senators
8	8	CARPENTER, JACQUE and ROYS. Referred to Committee on State Affairs.
9	9	*AUTHORS SUBJECT TO CHANGE*
10	10	AN ACT to repeal and recreate 101.123 (1) (h); and to create 101.123 (1) (ah)
11	11	of the statutes; relating to: applying the indoor smoking ban to electronic
12	12	smoking devices and marijuana.
13	13	Analysis by the Legislative Reference Bureau
14	14	This bill revises the definition of “smoking” for purposes of the general
15	15	prohibition under current law against smoking in indoor locations. The bill defines
16	16	“smoking” as inhaling, exhaling, burning, or carrying any lighted or heated cigar,
17	17	cigarette, pipe, hookah, or any other lighted or heated tobacco or plant product that
18	18	is intended for inhalation, including natural or synthetic marijuana, in any manner
19	19	or in any form. Current law defines “smoking” as burning, holding, inhaling, or
20	20	exhaling smoke from any of the following tobacco-containing items: a lighted cigar,
21	21	cigarette, or pipe or any other lighted smoking equipment.
22	22	In addition, the bill specifies that “smoking” includes inhaling or exhaling an
23	23	aerosolized or vaporized liquid or other substance from an “electronic smoking
24	24	device.” The bill defines “electronic smoking device” as any device that can be used
25	25	to deliver an aerosolized or vaporized liquid or other substance for inhalation,
26	26	regardless of whether the liquid or other substance contains nicotine, including an
27	27	e-cigarette, e-cigar, e-pipe, vape pen, or e-hookah.
28	28	The people of the state of Wisconsin, represented in senate and assembly, do
29	29	enact as follows:
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32	32	3 - 2 -2023 - 2024 Legislature LRB-4973/1
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34	34	SECTION 1 ASSEMBLY BILL 1062
35	35	SECTION 1. 101.123 (1) (ah) of the statutes is created to read:
36	36	101.123 (1) (ah) “Electronic smoking device” means a device that may be used
37	37	to deliver any aerosolized or vaporized liquid or other substance for inhalation,
38	38	regardless of whether the liquid or other substance contains nicotine, including an
39	39	e-cigarette, e-cigar, e-pipe, vape pen, or e-hookah. “Electronic smoking device”
40	40	does not include drugs, devices, or combination products authorized for sale by the
41	41	U.S. food and drug administration, as those terms are defined in the Federal Food,
42	42	Drug, and Cosmetic Act.
43	43	SECTION 2. 101.123 (1) (h) of the statutes is repealed and recreated to read:
44	44	101.123 (1) (h) “Smoking” means inhaling, exhaling, burning, or carrying any
45	45	lighted or heated cigar, cigarette, pipe, hookah, or any other lighted or heated tobacco
46	46	or plant product intended for inhalation, including marijuana, whether natural or
47	47	synthetic, in any manner or in any form. “Smoking” includes inhaling or exhaling an
48	48	aerosolized or vaporized liquid or other substance from an electronic smoking device.
49	49	(END)
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