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