Wisconsin

Clean Indoor Air

Public Places

Smoking is prohibited in or on the grounds of a Type One secured correctional facility and on motor buses. Smoking is restricted to designated areas in other public conveyances, indoor theaters, public passenger elevators, retail stores and public waiting rooms. Exceptions to this law include: 1) rooms used for private functions under the sponsor’s control; 2) most types of correctional facilities; and 3) rooms occupied exclusively by smokers. The person in charge of the places where smoking is restricted may not designate an entire building as a smoking area.

WIS. STAT. § 101.123 (2004).

Government Buildings

By executive order, smoking is prohibited in all state office buildings under the control of cabinet secretaries.

Exec. Order #89 (2005).

The use of all tobacco products is prohibited at any Division of Disability and Elder Service (DDES) facility. This prohibition extends to all buildings and grounds of each DDES facility. The prohibition includes staff, patients/residents, visitors, renters, vendors, and any other individuals on the grounds of any facility. The only exception is for ceremonial use of tobacco by Native American patients/residents.

WI Admin. Code 60-05.00 (2005).

The possession and use of tobacco products is prohibited in and on all Department of Corrections owned and leased property. Exceptions can be made for specific circumstances such as for possession or use in inmate religious activities. The policy became effective September 1, 2006.

WI Dept. of Corrections Policy (2006).

Smoking is restricted to designated areas in any enclosed indoor area of a state, county, city, village, or town building.

WIS. STAT. § 101.123 (2004).

No person may smoke in the state capitol building or in the immediate vicinity of the state capitol. Violation is subject to a fine of $50.

WI STAT. ANN. § 101.123 (2)(ar) (2000).

Private Workplaces

Smoking is restricted to designated areas in any space that serves as an office. An office is defined as any area that serves as a place of work at which the principal activities consist of professional, clerical or administrative services. Exceptions include any area of a facility used principally to manufacture or assemble goods, products or merchandise for sale, and offices occupied exclusively by smokers.

WIS. STAT. § 101.123 (2004).

Schools

The use of all tobacco products is prohibited on premises controlled by a school board, except that the school board may allow the use of tobacco products on premises owned by the school district and rented to another person for non-educational purposes.

WIS. STAT. § 120.12(20) (2001).

No person may smoke in a residence hall or dormitory that is owned or operated by the Board of Regents of the University of Wisconsin System or in any location that is 25 feet or less from such a residence hall or dormitory.

WIS. STAT. § 101.123(2)(bv) (2004).

Smoking is restricted to designated areas in any other educational facility, which is any building used principally for educational purposes in which a school is located or a course of instruction or training program is offered that has been approved or licensed by a state agency or board.

WIS. STAT. § 101.123 (2004).

Child Care Centers

Smoking is prohibited on the premises, indoors or outdoors, of a day care center, when children who are receiving day care services are present.

WIS. STAT. § 101.123 (2004).

Health Facilities

Smoking is restricted to designated areas in inpatient health care facilities. Smoking is prohibited in hospitals or physician’s offices except in hospitals that have as a primary purpose the care and treatment of mental illness, alcoholism, or drug abuse.

WIS. STAT. § 101.123 (2004).

Restaurants

Smoking is restricted to designated areas in restaurants, unless the restaurant’s liquor sales account for more than 50 percent of the receipts, or the seating capacity is less than 50 persons.

WIS. STAT. § 101.123 (2004).

Penalties/Enforcement

The person in charge or their agent shall post notice of the designation of a smoking area in or near the area designated. If an entire room is designated a smoking area, they shall post notice of the designation conspicuously on or near all entrances to the room normally used by the public. Individuals who willfully violate the restrictions on smoking will be fined not more than $10. State or local officials or any affected party may institute an action in any court with jurisdiction to enjoin repeated violations.

WIS. STAT. § 101.123 (2004).

Tobacco Excise Tax

Cigarettes

Tax rate per pack of 20: $1.77

Date last changed: January 1, 2008 — from 77 cents to $1.77

Year first enacted: 1939

WIS. STAT. § 139.31 (2008).

Other Tobacco Products

Moist snuff: $1.31/oz.;

Cigars: 50% of the manufacturer’s list price, not exceeding 50 cents per cigar;

All other tobacco products: 50% of the manufacturer’s list price

WIS. STAT. § 139.76(1) (2008).

Revenue Collected

$296,130,000

Youth Access

Compliance/Enforcement

A governmental regulatory authority may conduct unannounced investigations at retail outlets, including tobacco vending machine premises, to enforce compliance with the state sales to minors’ law or a local ordinance. The Department of Health and Family Services may contract with a local health department, a state agency, or a state or local law enforcement agency to conduct investigations authorized under this section, and a local health department, state agency, or state or local law enforcement agency may contract with any other person to conduct these investigations. No retailer may be subjected to an unannounced investigation more than twice annually unless the retailer is found to have violated the law or a local ordinance in the most recent investigation. With the permission of their parent or guardian, a person under 18 years of age, but not under 15 years of age, may buy, attempt to buy or possess any cigarette or tobacco product if the person is directly supervised during the conducting of the investigation by an adult employee of a governmental regulatory authority and other specified requirements for the use of minors in such investigations are followed. If a county, town, village, or city conducts unannounced investigations of retail outlets to determine compliance with a local ordinance the investigations shall meet the requirements of sections 254.916(3)(a-f) of the Wisconsin statutes and any standards established by the state Department of Health Services.

WIS. STAT. §§ 254.916 (2001) & 134.66(5) (2007).

Penalties for Sales to Minors

No retailer, manufacturer or distributor, or agent, employee or independent contractor thereof, may sell or provide for nominal or no consideration cigarettes or tobacco products to any person under the age of 18. Vending machine operators are not liable for this provision if they were unaware of the purchase. Violation is punishable by a fine of up to $500 for the first offense; and between $200 and $500 for the second and subsequent violations within 12 months. Upon the second violation within 12 months, the license to sell tobacco products shall also be suspended for not more than three days; for a third violation within 12 months, the license shall be suspended for three to 10 days; and for a fourth violation within 12 months, the license shall be suspended for 15 to 30 days. It is a defense to prosecution that the purchaser falsely represented that he or she had attained the age of 18 and presented an identification card; that the appearance of the purchaser was such that an ordinary and prudent person would believe that the purchaser had attained the age of 18; and that the sale was made in good faith, in reasonable reliance on the identification card and appearance of the purchaser. A county, town, village or city may adopt an ordinance regulating the conduct regulated by this section only if it strictly conforms to this section.

WIS. STAT. § 134.66 (2007).

Penalties to Minors

No person under 18 years of age may possess, purchase or falsely represent their age in an attempt to purchase tobacco products. This does not apply to a minor during employment or a minor who is participating in a compliance check. Violation is subject to seizure of the tobacco product by a law enforcement officer. A county, town, village or city may adopt an ordinance regulating the conduct regulated by this section only if it strictly conforms to this section.

WIS. STAT. § 254.92 (2005).

Placement of Tobacco Products

None.

Sign Posting

Retailers shall post signs in areas within their premises where tobacco products are sold to consumers stating that the sale of tobacco products to minors is unlawful. Failure to post such notice is punishable by a fine of $25. A county, town, village or city may adopt an ordinance regulating the conduct regulated by this section only if it strictly conforms to this section.

WIS. STAT. § 134.66 (2007).

Other Provisions

Internet Sales: Requires direct marketers of cigarettes, which are sales of cigarettes to consumers where the consumer is not physically present, to register and provide certain information to the Department of Revenue. Direct marketers are also required to pay all applicable taxes on their products; verify the consumer’s name and address and that they are at least 18 years of age using a database with information based on public records or receive from the consumer at the time of purchase a photocopy of a government-issued ID; for sales over the Internet, obtain the purchaser’s E-mail address and receive payment by debit card, credit card or check prior to shipping; and the person making the delivery is required to check a government-issued ID to verify the person receiving the cigarettes is at least 18 years of age, if the person is not the addressee, the person must sign a statement saying the addressee is 18 years of age. Violation is subject to a penalty of $100 to $1,000 and/or 10 days to 90 days in jail.

WIS. STAT. §§ 139.345 (2005) & 139.44(5) (2001).

Note: Some parts of this law may be affected by the U.S. Supreme Court decision in Rowe v. New Hampshire Motor Transport Association, decided February 20, 2008.

At the time that a retailer hires or contracts with an agent, employee, or independent contractor whose duties will include the sale of cigarettes or tobacco products, the retailer shall provide the agent, employee, or independent contractor with training on compliance with applicable youth access laws and the penalties for violation. At the completion of the training, the retailer and the agent, employee, or independent contractor shall sign a form provided by the Department of Health and Family Services verifying that the agent, employee, or independent contractor has received the training, which the retailer shall retain in the personnel file of the agent, employee, or independent contractor. Upon violation, a citation will be given to the retailer and his employee if the employee has undergone this training. A citation will be issued only to the retailer if the employee has not undergone this training.

WIS. STAT. § 134.66 (2003).

Restrictions on Distribution of Tobacco Product Samples or Sales of Single Cigarettes

Samples

No manufacturer, distributor, jobber, sub-jobber or retailer, or their employees or agents, may provide cigarettes or tobacco products for nominal or no consideration to any person except in a place where no person younger than 18 years of age is present or permitted to enter unless the person who is younger than 18 years of age is accompanied by a parent or guardian or spouse who has attained the age of 18 years. Providing cigarettes or tobacco products at no or nominal cost to persons under age 18 is also prohibited. Violation is subject to the same penalties as selling tobacco products to minors, including license suspensions for multiple violations. A county, town, village or city may adopt an ordinance regulating the conduct regulated by this section only if it strictly conforms to this section.

WIS. STAT. § 134.66 (2007).

Single Cigarettes

No retailer may sell cigarettes in a form other than as a package or container on which a stamp is affixed. Violation is subject to the same penalties as selling tobacco products to minors, including license suspensions for multiple violations. A county, town, village or city may adopt an ordinance regulating the conduct regulated by this section only if it strictly conforms to this section.

WIS. STAT. § 134.66 (2007).

No person may sell or distribute in this state, acquire, store, possess, or transport for sale or distribution in this state, import or cause to be imported into this state for sale or distribution in this state, or affix stamps to a cigarette package that does not comply with 15 U.S.C. 1333 and 15 U.S.C. 1335 or other federal law.

WIS. STAT. § 139.31 (2001).

Restrictions on Sale of Tobacco Products in Vending Machines

Placement

No retailer may place a vending machine within 500 feet of a school. Vending machines are restricted to places where the retailer or vending machine operator ensures that no person younger than 18 years of age is present or permitted to enter unless accompanied by a parent, guardian or spouse who is 18 or older. A county, town, village or city may adopt an ordinance regulating the conduct regulated by this section only if it strictly conforms to this section.

WIS. STAT. § 134.66 (2007).

Penalty

Violation is subject to the same penalties as selling tobacco products to minors, including license suspensions for multiple violations. A county, town, village or city may adopt an ordinance regulating the conduct regulated by this section only if it strictly conforms to this section.

WIS. STAT. § 134.66 (2007).

Sign Posting

A vending machine operator shall attach a notice in a conspicuous place on the front of their machine stating that the purchase of tobacco products by persons under 18 years of age is unlawful and violators may be fined up to $50. Failure to post such notice is punishable by a fine of $25. A county, town, village or city may adopt an ordinance regulating the conduct regulated by this section only if it strictly conforms to this section.

WIS. STAT. § 134.66 (2007).

Licensing Requirements

Requirements

Multiple retailers (a person who operates 10 or more retail outlets), distributors, manufacturers and vending machine operators must obtain a state permit from the Department of Revenue to sell cigarettes. A separate license is required for each place of business. Distributors are also required to obtain a permit to distribute tobacco products from the Department of Revenue.

WIS. STAT. §§ 139.34 (2001) & 139.79 (1997).

No person shall in any manner sell, distribute or give away cigarettes or tobacco products to any person not holding a license or permit without first obtaining a license from the clerk of the city, village or town wherein such privilege is sought to be exercised. A city, village, or town clerk may not issue a license unless the applicant specifies in the license application whether the applicant will sell, exchange, barter, dispose of, or give away the cigarette or tobacco products over the counter or in a vending machine, or both. Licenses expire on June 30th of every year unless suspended or revoked. A separate license is required for each place of business.

WIS. STAT. § 134.65 (2001).

Fee

Not less than $5 or more than $100 annually for a retail license from a city, village or town; no fees specified for Department of Revenue permits.

WIS. STAT. § 134.65 (2001).

License Suspension for Sales to Minors

Punishments for violations of the sales to minors’ law include a three day suspension of the applicable license for the second violation within 12 months and progressive suspensions for subsequent offenses within that period. The maximum suspension provided is 15 to 30 days for four or more violations within 12 months. A county, town, village or city may adopt an ordinance regulating the conduct regulated by this section only if it strictly conforms to this section.

WIS. STAT. § 134.66 (2003).

Smoker Protection Laws

No employer, labor organization, employment agency, licensing agency or other person may engage in any act of employment discrimination against any individual on the basis of use or nonuse of lawful products off the employer’s premises during non-working hours. This section does not apply to nonprofit corporations that, have as one of their primary purposes or objectives the encouragement or discouragement of the general public from using this lawful product. It is acceptable for employers to offer a life, health or disability insurance policy under which the type or price of coverage varies for employees based on their usage of this lawful product when the policy meets certain conditions.

WIS. STAT. §§ 111.31 et seq. (1991).

Tobacco Liability

Industry Protection

During the pendency of an appeal of a judgment in any civil action, the court shall set the amount of the undertaking to be furnished by all appellants collectively in order to stay the execution of the judgment during appellate review, but the undertaking shall not exceed $100 million. If an appellee proves by a preponderance of the evidence that an appellant is dissipating assets outside the ordinary course of business to avoid payment of a judgment, a court may enter any order necessary to protect the appellee and may require the appellant to post a bond in an amount not to exceed the amount of the judgment.

WIS. STAT. § 808.07 (2m) (2003).

Tobacco Settlement

Tobacco Control Appropriations

Wisconsin allocated $15,250,000 for tobacco prevention and cessation programs in FY2009 (July 1, 2008 to June 30, 2009) from the state general fund. This is the second year of the FY2008-FY2009 biennium. $15,000,000 was allocated in FY2008.

FY2008-FY2009 Biennial Budget (S.B. 40) enacted and effective 10/26/07 (FY2008) & 7/1/08 (FY2009).

Securitization

The Secretary of Administration is authorized to sell for cash or other consideration the state’s right to receive any of the payments under the tobacco settlement agreement. The secretary may organize one or more non-stock corporations or limited liability companies for any purpose related to the sale of the state’s right to receive any of the payments under the tobacco settlement agreement and may take any action necessary to facilitate and complete the sale.

WIS. STAT. § 16.63 (2001).

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