2013 - 2014 LEGISLATURE
December 9, 2013 - Introduced by Representatives Kerkman, C. Taylor, Barnes,
Berceau, Bies, Billings, Kahl, Kolste, T. Larson, Milroy, Ohnstad, A. Ott,
Pope, Tranel, Wachs and Wright, cosponsored by Senators Cowles,
T. Cullen, Harris, L. Taylor, Lassa and Lehman. Referred to Committee on
Public Safety and Homeland Security.
1An Act to amend
101.123 (2) (d) 2. and 101.123 (3) (h) of the statutes; relating
2to: smoking in private residences that are used as child care centers.
Analysis by the Legislative Reference Bureau
Under current law, no person may smoke in most indoor locations. Current law
specifically bans smoking at any time inside child care centers that are operated by
child care providers who are required to be licensed or who are otherwise regulated
by the Department of Children and Families (regulated child care centers). A child
care provider is required to be licensed or is subject to other regulation if the provider
provides care to four or more children who are under the age of seven. Current law
also bans smoking outside on the premises of a regulated child care center when
children who are receiving child care services are present.
The bill expands the ban against smoking inside and outside regulated child
care centers to include private residences that are used as licensed child care centers.
For further information see the state and local fiscal estimate, which will be
printed as an appendix to this bill.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
101.123 (2) (d) 2. of the statutes is amended to read:
(d) 2. Anywhere on the premises of a child care center, including
2a private residence that is used as a child care center,
when children who are 3
receiving child care services are present.
101.123 (3) (h) of the statutes is amended to read:
(h) A private residence, unless it is used as a child care center