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Legislation Currently Being Considered:The Department of Commerce has proposed rules on the smoke-free law COMMERCE RULE NUMBER Comm. 6 Details on the proposed rules can be found here. LEAD CONTACT Jim Quast, Program Manager DESCRIPTION The Department of Commerce (DOC) is granted rule-making authority by Wisconsin Act 12. DOC has the authority to protect public health and provide for the safety of buildings or structures. The process of rule-making is detailed in Chart 1 of this document. ANALYSIS The DOC rules clarify the definition of enclosed in the statewide smoke-free air law. The statutory definitions for "enclosed place" and "substantial wall" provided in Wisconsin Act 12 can be construed to allow smoking in many public buildings and places of employment. These definitions are inconsistent with the objectives of the smoke-free air law. Department of Commerce has redefined "enclosed indoor place" to clarify the definitions and to match the statute with the intention of legislators. The definition means that areas that are bounded by a ceiling and floor and at least 50% walls, windows, or doors are enclosed places and must be smoke-free. Screening materials does not count as a wall. STATUS February 2010: Rules are released and a public hearing has been scheduled for April 6th in Madison.
Tobacco-Free Families (AB 381)
ANALYSIS: When legislators increased the cigarette tax by 75 cents per pack in the most recent budget, the fee to tobacco distributors increased at a rate proportional to the cigarette tax increase – unnecessarily putting more money in the pockets of tobacco distributors. With past cigarette tax increases, an adjustment had been made to this fee to prevent a taxpayer-funded raise to tobacco sellers. In the tightest budget in recent years, however, lawmakers rejected the adjustment. The Tobacco-Free Families bill rolls back the unnecessary raise given to Wisconsin tobacco distributors and instead directs this funding (approximately $1.2 million per year) to the Tobacco Prevention and Control Program, which was cut by 55 percent in the last budget.
Legislation Considered in the Past:State Budget 2009-2011
June 2009: After both houses of the legislature passed different state budgets (though each with a 75 cent cigarette tax increase and a nearly 40% cut for Tobacco Prevention and Control), a budget conference committee convened and produced a budget with even deeper cuts for Tobacco Prevention and Control, bringing the total cut to 55%, or a funding level of $6.85 million per year. The conference committee budget also contained a 75 cent cigarette tax increase and some changes in taxation for other tobacco products. That budget was passed by both houses and signed by the governor on Monday, June 29. Smoke-Free Wisconsin Act (WI Act 12)
May 13, 2009: After voting down close to 50 amendments seeking to create exemptions or weaken the bill, both houses of the legislature passed Senate Substitute Amendment 1 and the respective versions of the Smoke-Free Wisconsin Act itself. The bill was signed into law by Gov. Jim Doyle on May 18.
Updated March 8, 2010
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