1 | 1 | | LRB-4964/1 |
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2 | 2 | | KMS:cdc |
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3 | 3 | | 2023 - 2024 LEGISLATURE |
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4 | 4 | | 2023 ASSEMBLY BILL 1063 |
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5 | 5 | | February 2, 2024 - Introduced by Representatives BILLINGS, VINING, BALDEH, BARE, |
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6 | 6 | | BEHNKE, CLANCY, CONLEY, CONSIDINE, DRAKE, EMERSON, HONG, JOERS, |
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7 | 7 | | MADISON, MAXEY, PALMERI, RATCLIFF, SINICKI, STUBBS, SUBECK and MURSAU, |
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8 | 8 | | cosponsored by Senators CARPENTER, ROYS, SPREITZER and TAYLOR. Referred to |
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9 | 9 | | Committee on State Affairs. |
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10 | 10 | | ***AUTHORS SUBJECT TO CHANGE*** |
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11 | 11 | | AN ACT to create 118.07 (6) of the statutes; relating to: prohibiting vaping on |
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12 | 12 | | public and private school property. |
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13 | 13 | | Analysis by the Legislative Reference Bureau |
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14 | 14 | | This bill prohibits vaping on school premises. Under the bill, “school premises” |
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15 | 15 | | is defined as any real property owned by, rented by, or under the control of a school |
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16 | 16 | | board, operator or governing board of an independent charter school, or governing |
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17 | 17 | | body of a private school. “School premises” includes outdoor spaces such as |
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18 | 18 | | playgrounds and athletic fields. The bill defines vaping as inhaling or exhaling vapor |
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19 | 19 | | from an electronic smoking device, which is defined as a device that may be used to |
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20 | 20 | | deliver any aerosolized or vaporized liquid or other substance for inhalation, |
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21 | 21 | | regardless of whether the liquid or other substance contains nicotine. |
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22 | 22 | | The people of the state of Wisconsin, represented in senate and assembly, do |
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23 | 23 | | enact as follows: |
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24 | 24 | | SECTION 1. 118.07 (6) of the statutes is created to read: |
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25 | 25 | | 118.07 (6) (a) In this subsection: |
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26 | 26 | | 1. “Electronic smoking device” means a device that may be used to deliver any |
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27 | 27 | | aerosolized or vaporized liquid or other substance for inhalation, regardless of |
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33 | 33 | | 6 - 2 -2023 - 2024 Legislature LRB-4964/1 |
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34 | 34 | | KMS:cdc |
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35 | 35 | | SECTION 1 ASSEMBLY BILL 1063 |
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36 | 36 | | whether the liquid or other substance contains nicotine, including an e-cigarette, |
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37 | 37 | | e-cigar, e-pipe, vape pen, or e-hookah. “Electronic smoking device” does not include |
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38 | 38 | | drugs, devices, or combination products authorized for sale by the U.S. food and drug |
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39 | 39 | | administration, as those terms are defined in the Federal Food, Drug, and Cosmetic |
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40 | 40 | | Act. |
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41 | 41 | | 2. “School premises” means all of the following: |
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42 | 42 | | a. Real property owned or rented by, or under the control of, a school board, |
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43 | 43 | | including playgrounds, athletic facilities or fields, and any other property that is |
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44 | 44 | | occupied by pupils on a regular basis. |
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45 | 45 | | b. Real property owned or rented by an operator or governing board of a charter |
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46 | 46 | | school that is used for the operation of a charter school, including playgrounds, |
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47 | 47 | | athletic facilities or fields, and any other property that is occupied on a regular basis |
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48 | 48 | | by pupils attending the charter school. |
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49 | 49 | | c. Real property owned or rented by the governing body of a private school that |
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50 | 50 | | is used for the operation of a private school, including playgrounds, athletic facilities |
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51 | 51 | | or fields, and any other property that is occupied on a regular basis by pupils |
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52 | 52 | | attending the private school. |
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53 | 53 | | 3. “Vape” means to inhale or exhale vapor from an electronic smoking device. |
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54 | 54 | | (b) No individual may vape on school premises. |
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55 | 55 | | (END) |
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