Wisconsin 2025 Regular Session Status: To Executive Bipartisan · 27 R · 4 D cosponsors

AB 211 — Relating to: exempting tobacco bars from the public smoking ban.

Last action — Failed to pass notwithstanding the objections of the Governor pursuant to Joint Rule 82

  1. ✓
    Introduced
  2. ✓
    In Committee
  3. ✓
    Passed Assembly
  4. ✓
    Passed Senate
  5. 5
    To Executive
  6. 6
    Enacted

This bill has been sent to the executive. Introduced April 23, 2025. It awaits signature.

Vetoed by Governor Tony Evers (Democratic) on December 05, 2025.

Next likely step: the executive signs it into law or issues a veto.

Odds of enactment

Low chance

Based on the sponsor, cosponsors, and committee posture, this bill has a low chance of becoming law.

Upgrade to see the exact probability and what's driving it.

A statistical estimate from our own model of past outcomes — an insight, not a guarantee. Policymaking is volatile.

Prognosis

Likely to advance 90% · high confidence

  • To Executive

    Current position in the legislative process.

  • 36 sponsors

    1 primary, 35 co-sponsors signed on.

  • Bipartisan support

    Sponsored across 2 parties (27 R · 4 D) — cross-party backing.

  • Cleared a recorded vote

    Passed 4 recorded votes so far.

Based on stage, sponsorship breadth, committee status, recorded votes, and cross-state momentum — a description of the observable signals, not a prediction.

Summary

An Act to create 101.123 (3) (n) of the statutes;

Bill Text

What changed in the latest version

21 added · 34 removed

Plain-language change summary

The key change in Assembly Bill 211 is that it allows certain tobacco bars to be exempt from Wisconsin's public smoking ban. To qualify for this exemption, these tobacco bars must have been established after June 4, 2009, allow only smoking of cigars and pipes, and not be classified as retail food establishments. Additionally, they must meet specific conditions related to age restrictions for patrons and employee consent regarding secondhand smoke exposure. This matters because it creates a legal space for these establishments to operate differently from other indoor venues, highlighting a distinction in how tobacco consumption is regulated.

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- 2026 LEGISLATURE LRB-0951/1 KP:cdc ASSEMBLY BILL 211 April 23, 2025 - Introduced by Representatives G USTAFSON , ORTIZ-VELEZ, C ALLAHAN, GUNDRUM , ARMSTRONG , ZIMMERMAN , M ELOTIK, BRIL, KRUG , K ITCHENS, GOEBEN , K NODL, TITTL, DONOVAN , P ENTERMAN , W ICHGERS, PRONSCHINSKE , MURSAU , MURPHY, GREEN , UCKER , B.
Date of enactment:
ACOBSON, BEHNKE , D ALLMAN, NEYLON , WITTKE, SINICK, PIWOWARCZYK , RODRIGUEZ, M IRESSE and K IRSCH, cosponsored by SenatorsOMCZYK , FEYEN, NASS, ESTIN and C ABRAL-GUEVARA .
Assembly Bill 211 Date of publication*:
Referred to Committee on State Affairs.
WISCONSIN ACT A N A CT to create 101.123 (3) (n) of the statutes;
A N A CT to create 101.123 (3) (n) of the statutes;
Analysis by the Legislative Reference Bureau This bill exempts tobacco bars from the general prohibition under current law against smoking in indoor locations if the tobacco bar satisfies all of the following:
The people of the state of Wisconsin, represented in sen- 4.
1) the tobacco bar came into existence on or after June 4, 2009;
A notice that smoking of cigars and pipes is al- ate and assembly, do enact as follows:
2) only the smoking of cigars and pipes is allowed in the tobacco bar;
lowed on the premises is displayed in a conspicuous place in the tobacco bar.
and 3) the tobacco bar is not a retail food establishment.
Current law defines a “tobacco bar” as a tavern that generates percent or more of its annual gross income from the sale on the tavern premises, other than from a vending machine, of cigars and pipe tobacco.
Also, under current law, tobacco bars that existed on June 3, 2009, are exempt from the general prohibition against smoking in indoor locations.
The people of the state of Wisconsin, represented in senate and assembly, do enact as follows:
101.123 (3) (n) of the statutes is created to read:
101.123 (3) (n) of the statutes is created 5.
101.123 (3) (n) A tobacco bar that satisfies all of the following:
Persons under the age of 21 are prohibited from to read:
1.
101.123 (3) (n) A tobacco bar that satisfies all of the entering the tobacco bar premises.
The tobacco bar came into existence on or after June 4, 2009.
following:
- 2026 Legislature - 2 - LRB-0951/1 KP:cdc ASSEMBLY BILL 211 S ECTION 1 2.
6.
Only the smoking of cigars and pipes is allowed in the tobacco bar.
Every employee of the tobacco bar signs an ac- knowledgement that the employee will be subjected to 1.
3.
The tobacco bar came into existence on or after secondhand smoke.
The tobacco bar is not a retail food establishment, as defined in s.
June 4, 2009.
7.
The tobacco bar includes in an application for, or 2.
Only the smoking of cigars and pipes is allowed for the renewal of, a Class “B” or “Class B” license, in in the tobacco bar.
addition to the information required under s.
125.04 (3), 3.
The tobacco bar is not a retail food establishment, building plan documents demonstrating that the tobacco as defined in s.
END )
bar’s premises have sufficient air filtration and exhaust.
* Section 991.11, ISCONSINSTATUTES:
Effective date of acts.
“Every act and every portion of an act enacted by the legislature over the gov- ernor's partial veto which does not expressly prescribe the time when it takes effect shall take effect on the day after its date of publication.”
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Action History

  1. Failed to pass notwithstanding the objections of the Governor pursuant to Joint Rule 82

  2. Placed on calendar 5-12-2026 pursuant to Joint Rule 82 (2)(a)

  3. Report vetoed by the Governor on 12-5-2025

  4. Presented to the Governor on 12-4-2025

  5. Report correctly enrolled on 11-19-2025

  6. Received from Senate concurred in

  7. Ordered immediately messaged

  8. Read a third time and concurred in, Ayes 18, Noes 15

  9. Rules suspended to give bill its third reading

  10. Ordered to a third reading

  11. Read a second time

  12. Placed on calendar 11-18-2025 pursuant to Senate Rule 18(1)

  13. Available for scheduling

  14. Report concurrence recommended by Committee on Government Operations, Labor and Economic Development, Ayes 3, Noes 2

  15. Executive action taken

  16. Public hearing held

  17. Read first time and referred to committee on Government Operations, Labor and Economic Development

  18. Received from Assembly

  19. Ordered immediately messaged

  20. Read a third time and passed, Ayes 57, Noes 37, Paired 2

  21. Representative Stubbs added as a coauthor

  22. Rules suspended

  23. Ordered to a third reading

  24. Assembly Amendment 1 adopted

  25. Read a second time

  26. Assembly Amendment 1 offered by Representative Gustafson

  27. Withdrawn from Committee on Rules and referred to calendar of 9-11-2025

  28. Referred to committee on Rules

  29. Report passage recommended by Committee on State Affairs, Ayes 7, Noes 1

  30. Executive action taken

  31. Public hearing held

  32. Read first time and referred to Committee on State Affairs

  33. Introduced by Representatives Gustafson, Ortiz-Velez, Callahan, Gundrum, Armstrong, Zimmerman, Melotik, Brill, Krug, Kitchens, Goeben, Knodl, Tittl, Donovan, Penterman, Wichgers, Pronschinske, Mursau, Murphy, Green, Tucker, B. Jacobson, Behnke, Dallman, Neylon, Wittke, Sinicki, Piwowarczyk, Rodriguez, Miresse and Kirsch; cosponsored by Senators Tomczyk, Feyen, Nass, Testin and Cabral-Guevara

Sponsors

Sponsorship breakdown

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1 sponsors · 35 co-sponsors · 96 not signed on · 47 voted No

Sponsors (1)

Co-sponsors (35)

Not signed on (96)

96 members have not signed on to this bill.

Show all 96 →

"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.

Whip count is in markup. Polling the chamber and every recorded vote this session. Only the first open is slow. It’s instant for you after this. Calling the roll · Tallying · Engrossing

Votes

Read a third time and concurred in

Passed 18 Yea · 15 Nay
Party YeaNayPresentNot Voting
Republican 18000
Democrat 01200
Unaffiliated 0300
Total 181500
% of votes cast 55%45%0%0%
How each member voted (33)
Member Party Vote
JOHNSON — Nay
DASSLER-ALFHEI — Nay
HABUSH SINYKIN — Nay
Carpenter, Tim Democrat Nay
Drake, Dora Democrat Nay
Hesselbein, Dianne Democrat Nay
Keyeski, Sarah Democrat Nay
Larson, Chris Democrat Nay
Pfaff, Brad Democrat Nay
Ratcliff, Melissa Democrat Nay
Roys, Kelda Democrat Nay
Smith, Jeff Democrat Nay
Spreitzer, Mark Democrat Nay
Wall, Jamie Democrat Nay
Wirch, Robert Democrat Nay
Bradley, Julian Republican Yea
Cabral-Guevara, Rachael Republican Yea
Felzkowski, Mary Republican Yea
Feyen, Dan Republican Yea
Hutton, Rob Republican Yea
Jacque, André Republican Yea
Jagler, John Republican Yea
James, Jesse Republican Yea
Kapenga, Chris Republican Yea
LeMahieu, Devin Republican Yea
Marklein, Howard Republican Yea
Nass, Steve Republican Yea
Quinn, Romaine Republican Yea
Stafsholt, Rob Republican Yea
Testin, Patrick Republican Yea
Tomczyk, Cory Republican Yea
Wanggaard, Van Republican Yea
Wimberger, Eric Republican Yea

Official roll call →

Read a third time and passed

Passed 57 Yea · 37 Nay · 3 Other
Party YeaNayPresentNot Voting
Republican 49002
Democrat 73501
Unaffiliated 1200
Total 573703
% of votes cast 59%38%0%3%
How each member voted (97)
Member Party Vote
JOHNSON — Nay
MOORE OMOKUNDE — Nay
SPEAKER — Yea
Anderson, Clinton Democrat Yea
Andraca, Deb Democrat Nay
Arney, Margaret Democrat Nay
Bare, Mike Democrat Nay
Billings, Jill Democrat Nay
Brown, Brienne Democrat Nay
Clancy, Ryan Democrat Nay
Cruz, Angelina Democrat Not Voting
DeSanto, Karen Democrat Nay
DeSmidt, Ben Democrat Nay
Doyle, Steve Democrat Nay
Emerson, Jodi Democrat Nay
Fitzgerald, Joan Democrat Nay
Goodwin, Russell Democrat Nay
Haywood, Kalan Democrat Nay
Hong, Francesca Democrat Nay
Hysell, Andrew Democrat Nay
Jacobson, Jenna Democrat Nay
Joers, Alex Democrat Nay
Kirsch, Karen Democrat Yea
Madison, Darrin Democrat Nay
Mayadev, Renuka Democrat Nay
McCarville, Maureen Democrat Nay
McGuire, Tip Democrat Nay
Miresse, Vincent Democrat Yea
Neubauer, Greta Democrat Nay
Ortiz-Velez, Sylvia Democrat Yea
Palmeri, Lori Democrat Nay
Phelps, Christian Democrat Nay
Prado, Priscilla Democrat Nay
Rivera-Wagner, Amaad Democrat Yea
Roe, Ann Democrat Nay
Sheehan, Joe Democrat Nay
Sinicki, Christine Democrat Yea
Snodgrass, Lee Democrat Nay
Spaude, Ryan Democrat Nay
Stroud, Angela Democrat Nay
Stubbs, Shelia Democrat Yea
Subeck, Lisa Democrat Nay
Taylor, Sequanna Democrat Nay
Tenorio, Angelito Democrat Nay
Udell, Randy Democrat Nay
Vining, Robyn Democrat Nay
Allen, Scott Republican Yea
Armstrong, David Republican Yea
August, Tyler Republican Yea
Behnke, Elijah Republican Yea
Born, Mark Republican Yea
Brill, Lindee Republican Yea
Brooks, Robert Republican Yea
Callahan, Calvin Republican Yea
Dallman, Alex Republican Yea
Dittrich, Barbara Republican Yea
Donovan, Bob Republican Yea
Duchow, Cindi Republican Yea
Franklin, Benjamin Republican Yea
Goeben, Joy Republican Yea
Green, Chanz Republican Yea
Gundrum, Rick Republican Not Voting
Gustafson, Nate Republican Yea
Hurd, Karen Republican Yea
Jacobson, Brent Republican Yea
Kaufert, Dean Republican Yea
Kitchens, Joel Republican Yea
Knodl, Daniel Republican Yea
Kreibich, Rob Republican Yea
Krug, Scott Republican Yea
Kurtz, Tony Republican Yea
Maxey, Dave Republican Yea
Melotik, Paul Republican Yea
Moses, Clint Republican Yea
Murphy, David Republican Yea
Mursau, Jeffrey Republican Yea
Nedweski, Amanda Republican Yea
Neylon, Adam Republican Yea
Novak, Todd Republican Yea
Penterman, William Republican Yea
Piwowarczyk, Jim Republican Yea
Pronschinske, Treig Republican Yea
Rodriguez, Jessie Republican Yea
Snyder, Patrick Republican Yea
Sortwell, Shae Republican Yea
Spiros, John Republican Yea
Steffen, David Republican Yea
Summerfield, Rob Republican Yea
Swearingen, Rob Republican Yea
Tittl, Paul Republican Yea
Tranel, Travis Republican Yea
Tucker, Duke Republican Yea
Tusler, Ron Republican Yea
VanderMeer, Nancy Republican Yea
Wichgers, Chuck Republican Yea
Wittke, Robert Republican Yea
Zimmerman, Shannon Republican Not Voting

Official roll call →

Subjects

public-safety civil-rights health-insurance
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Frequently asked questions

What does AB 211 do?
An Act to create 101.123 (3) (n) of the statutes;
Who sponsors AB 211?
AB 211 is sponsored by Tomczyk, Feyen, Nass, Testin, Cabral-Guevara, Gustafson, Nate (Republican), Ortiz-Velez, Sylvia (Democrat), Callahan, Calvin (Republican), Gundrum, Rick (Republican), Armstrong, David (Republican), Zimmerman, Shannon (Republican), Melotik, Paul (Republican), Brill, Lindee (Republican), Krug, Scott (Republican), Kitchens, Joel (Republican), Goeben, Joy (Republican), Knodl, Daniel (Republican), Tittl, Paul (Republican), Donovan, Bob (Republican), Penterman, William (Republican), Wichgers, Chuck (Republican), Pronschinske, Treig (Republican), Mursau, Jeffrey (Republican), Murphy, David (Republican), Green, Chanz (Republican), Tucker, Duke (Republican), Jacobson, Brent (Republican), Behnke, Elijah (Republican), Dallman, Alex (Republican), Neylon, Adam (Republican), Wittke, Robert (Republican), Sinicki, Christine (Democrat), Piwowarczyk, Jim (Republican), Rodriguez, Jessie (Republican), Miresse, Vincent (Democrat), and Kirsch, Karen (Democrat).
What is the current status of AB 211?
This bill has been sent to the executive. Introduced April 23, 2025. It awaits signature.
Where can I track AB 211?
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