LRB-4973/1
KP:amn
2023 - 2024 LEGISLATURE
2023 ASSEMBLY BILL 1062
February 2, 2024 - Introduced by Representatives BILLINGS, VINING, BALDEH, BARE,
CLANCY, CONLEY, CONSIDINE, DRAKE, EMERSON, JOERS, MADISON, MAXEY,
PALMERI, SINICKI, STUBBS, SUBECK and JACOBSON, cosponsored by Senators
CARPENTER, JACQUE and ROYS. Referred to Committee on State Affairs.
***AUTHORS SUBJECT TO CHANGE***
AN ACT to repeal and recreate 101.123 (1) (h); and to create 101.123 (1) (ah)
of the statutes; relating to: applying the indoor smoking ban to electronic
smoking devices and 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. The 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. 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.
In addition, the bill specifies that “smoking” includes inhaling or exhaling an
aerosolized or vaporized liquid or other substance from an “electronic smoking
device.” The bill defines “electronic smoking device” as any device that can be used
to deliver an aerosolized or vaporized liquid or other substance for inhalation,
regardless of whether the liquid or other substance contains nicotine, including an
e-cigarette, e-cigar, e-pipe, vape pen, or e-hookah.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
1
2
3 - 2 -2023 - 2024 Legislature LRB-4973/1
KP:amn
SECTION 1 ASSEMBLY BILL 1062
SECTION 1. 101.123 (1) (ah) of the statutes is created to read:
101.123 (1) (ah) “Electronic smoking device” means a device that may be used
to deliver any aerosolized or vaporized liquid or other substance for inhalation,
regardless of whether the liquid or other substance contains nicotine, including an
e-cigarette, e-cigar, e-pipe, vape pen, or e-hookah. “Electronic smoking device”
does not include drugs, devices, or combination products authorized for sale by the
U.S. food and drug administration, as those terms are defined in the Federal Food,
Drug, and Cosmetic Act.
SECTION 2. 101.123 (1) (h) of the statutes is repealed and recreated to read:
101.123 (1) (h) “Smoking” means inhaling, exhaling, burning, or carrying any
lighted or heated cigar, cigarette, pipe, hookah, or any other lighted or heated tobacco
or plant product intended for inhalation, including marijuana, whether natural or
synthetic, in any manner or in any form. “Smoking” includes inhaling or exhaling an
aerosolized or vaporized liquid or other substance from an electronic smoking device.
(END)
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15