LRB-2100/1
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2017 - 2018 LEGISLATURE
March 20, 2017 - Introduced by Representatives Pope, Kolste, Mason, Milroy,
Anderson, Sargent, Berceau, Vruwink, Crowley, Subeck, Billings,
Spreitzer, Sinicki, Considine, Wachs and Mursau, cosponsored by Senators
C. Larson, Miller, L. Taylor and Ringhand. Referred to Committee on
Education.
AB159,1,3 1An Act to amend 119.04 (1); and to create 118.073 of the statutes; relating to:
2policies regulating the use of electronic smoking devices on school district
3property.
Analysis by the Legislative Reference Bureau
This bill requires the Department of Public Instruction to develop a model
policy regulating the use of electronic smoking devices on school district property
(model electronic smoking policy). The bill also requires each school board to adopt
an electronic smoking policy, which may be the same as the model electronic smoking
policy developed by DPI. Under the bill, an “electronic smoking device" is defined as
an electronic device containing or delivering nicotine, or any other substance, that
an individual uses to simulate smoking by inhaling vapor or aerosol from the device.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
AB159,1 4Section 1. 118.073 of the statutes is created to read:
AB159,2,4 5118.073 Policy on electronic smoking devices. (1) In this section,
6“electronic smoking device" means an electronic device containing or delivering
7nicotine or any other substance intended for human consumption that an individual

1may use to simulate smoking by inhaling vapor or aerosol from the device, regardless
2of whether the device is manufactured, distributed, marketed, or sold as an
3“e-cigarette," “e-cigar," “e-pipe," “e-hookah," or “vape pen" or under any other
4product name or descriptor.
AB159,2,8 5(2) By 180 days after the effective date of this subsection .... [LRB inserts date],
6the department shall develop a model policy regulating the use of electronic smoking
7devices on school district property. The department shall post the model policy on
8its Internet site.
AB159,2,13 9(3) By 270 days after the effective date of this subsection .... [LRB inserts date],
10each school board shall adopt a policy regulating the use of electronic smoking
11devices on school district property. A school board may adopt the model policy under
12sub. (2). The school board shall provide a copy of the policy to any person who
13requests it.
AB159,2 14Section 2. 119.04 (1) of the statutes is amended to read:
AB159,3,215 119.04 (1) Subchapters IV, V and VII of ch. 115, ch. 121 and ss. 66.0235 (3) (c),
1666.0603 (1m) to (3), 115.01 (1) and (2), 115.28, 115.31, 115.33, 115.34, 115.343,
17115.345, 115.363, 115.365 (3), 115.38 (2), 115.415, 115.445, 118.001 to 118.04,
18118.045, 118.06, 118.07, 118.073, 118.075, 118.076, 118.10, 118.12, 118.125 to 118.14,
19118.145 (4), 118.15, 118.153, 118.16, 118.162, 118.163, 118.164, 118.18, 118.19,
20118.20, 118.223, 118.225, 118.24 (1), (2) (c) to (f), (6), (8), and (10), 118.245, 118.255,
21118.258, 118.291, 118.292, 118.293, 118.30 to 118.43, 118.46, 118.50, 118.51, 118.52,
22118.53, 118.55, 118.56, 120.12 (2m), (4m), (5), and (15) to (27), 120.125, 120.13 (1), (2)
23(b) to (g), (3), (14), (17) to (19), (26), (34), (35), (37), (37m), and (38), 120.137, 120.14,
24120.20, 120.21 (3), and 120.25 are applicable to a 1st class city school district and
25board but not, unless explicitly provided in this chapter or in the terms of a contract,

1to the commissioner or to any school transferred to an opportunity schools and
2partnership program.
AB159,3,33 (End)
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