Legislation > Wisconsin is finally going smoke-free!!

Click here to download a brief summary of Wisconsin Act 12.

>>The Department of Commerce has proposed rules on Wisconsin Act 12.

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.

History of the legislation can be found below:

ACT NUMBER
Wisconsin Act 12

LEAD AUTHORS
Senators Fred Risser and Mike Elllis
Representatives Jon Richards and Al Ott

OTHER CO-SPONSORS

Senators Coggs, Darling, Robson, Miller, Jauch

Representatives Zigmunt, Montgomery, Cullen, Toles, Sinicki, Pasch, Mursau, Clark, Benedict, Parisi, Hilgenberg, Townsend, Spanbauer, Hintz, Bernard Schaber, Gottlieb, Milroy, Berceau, Black, Pope-Roberts, Roys, Seidel, Soletski, Smith

DESCRIPTION
Wisconsin Act 12 prohibits smoking in most indoor public places and workplaces in Wisconsin, including public buildings, bowling centers, restaurants and taverns.

ANALYSIS
Legislation prohibiting smoking in indoor environments in Wisconsin should be applied equally so everyone is guaranteed protection from secondhand smoke. Restaurant and tavern employees deserve the same health protections as people who work in office buildings.
Similar legislation passed in other states has led to immediate health improvements.

The final version of the legislation allows local governments to retain most of their local authority in legislating smoking restrictions; however, Wisconsin Act 12 does preempt local governments from applying stricter ordinances in outdoor areas of businesses, like patio seating areas.

If you would like further information about the Smoke-free Wisconsin Act, please contact SmokeFree Wisconsin.

STATUS
April 2009: Companion legislative bills were introduced in the State Senate and State Assembly on April 29.

May 2009 : Both bills received public hearings on May 5 and 6.  Health committees in the Senate and Assembly approved amended bills on May 8.  You can read the substitute amendment the committees approved here. Both houses of the legislature debated additional amendments and voted on a final version of the smoke-free workplaces bill on May 13.  The bill was signed into law by Gov. Doyle on May 18. 

July 2010: The Smoke-Free Wisconsin Act takes effect July 5, 2010.All Wisconsin workplaces will be smoke-free.

TAKE ACTION

>> Send a message to Governor Doyle thanking him for his leadership in support of strong smoke-free workplace legisiation for Wisconsin

>> Write a letter to the editor of your local newspaper about why you support the Smoke-free Wisconsin Act

Updated March 02, 2010