LRB-0379/1
MGG:kg:jf
1999 - 2000 LEGISLATURE
January 14, 1999 - Introduced by Representatives Schneider, Boyle, Berceau and
Pettis. Referred to Committee on State Affairs.
AB16,1,2
1An Act to create 101.123 (2) (br) and 118.115 of the statutes;
relating to:
2smoking or using tobacco products at or near a school and providing a penalty.
Analysis by the Legislative Reference Bureau
Under current law, persons under the age of 18 may not possess cigarettes or
other tobacco products. This bill bans the use of cigarettes and other tobacco
products by anyone who has reason to believe that he or she is in a school zone. The
bill defines a school zone to be the premises of a school or the area within 1,000 feet
of the school premises. The bill exempts certain adults from this ban, including
adults who are on private property that is not part of the school premises and adults
who are in motor vehicles traveling through a school zone. The bill also authorizes
the school administrator to authorize certain employes of the school to detain, for a
reasonable length of time, any person whom they see violating the ban in order to
turn the person over to a law enforcement officer or a parent or guardian.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
AB16, s. 1
3Section
1. 101.123 (2) (br) of the statutes is created to read:
AB16,1,64
101.123
(2) (br) Notwithstanding par. (a) and sub. (3), no person may smoke
5in an educational facility that is located in a school zone, as defined in s. 118.115 (1)
6(f), except as provided in s. 118.115 (2) (b) 3. and 4.
AB16, s. 2
1Section
2. 118.115 of the statutes is created to read:
AB16,2,2
2118.115 Tobacco-free school zones. (1) Definitions. In this section:
AB16,2,33
(a) "Motor vehicle" has the meaning given in s. 340.01 (35).
AB16,2,44
(b) "Peace officer" has the meaning given in s. 939.22 (22).
AB16,2,55
(c) "School" has the meaning given in s. 948.61 (1) (b).
AB16,2,76
(d) "School administrator" means a school district administrator or, for private
7or parochial schools, the governing body of the school.
AB16,2,108
(e) "School premises" means any school building, grounds, recreation area or
9athletic field or any other property owned, used or operated for the purpose of the
10school.
AB16,2,1111
(f) "School zone" means any of the following:
AB16,2,1212
1. School premises.
AB16,2,1313
2. Any area within 1,000 feet of the school premises.
AB16,2,1514
(g) "Smoke" means to carry a lighted cigar, cigarette, pipe or any other lighted
15tobacco product or lighted smoking equipment.
AB16,2,1816
(h) "Tobacco products" means cigarettes, cigars, smoking tobacco, snuff and any
17other kind or form of tobacco prepared in such a manner as to be suitable for use for
18chewing or smoking or both.
AB16,2,21
19(2) Use of tobacco products in school zone. (a) No person may smoke or use
20tobacco products at a place that the person knows, or has reasonable cause to believe,
21is a school zone.
AB16,2,2322
(b) Paragraph (a) does not apply to smoking or using tobacco products by any
23of the following:
AB16,2,2424
1. An adult on private property that is not part of the school premises.
AB16,2,2525
2. An adult who is in a motor vehicle traveling through the school zone.
AB16,3,1
13. An adult in a program approved by a school in the school zone.
AB16,3,32
4. An adult in accordance with a contract entered into between a school in the
3school zone and the person or an employer of the person.
AB16,3,16
4(3) Enforcement. (a) A school administrator, or any person who is covered by
5a designation under par. (b), who has reasonable cause to believe that a person has
6violated sub. (2) (a) in his or her presence may detain the person in a reasonable
7manner for a reasonable length of time to deliver the person to a peace officer, or to
8his or her parent or guardian in the case of a minor. The detained person must be
9promptly informed of the purpose for the detention and be permitted to make phone
10calls, but he or she shall not be interrogated or searched against his or her will before
11the arrival of a peace officer who may conduct a lawful interrogation of the detained
12person. The school administrator, or any person covered by the designation under
13par. (b), may release the detained person before the arrival of a peace officer or parent
14or guardian. Any school administrator, or any person covered by the designation
15under par. (b), who acts in good faith under this subsection is immune from civil and
16criminal liability for those acts.
AB16,3,1817
(b) A school administrator may designate individual employes, or
18classifications of employes, of a school to act under par. (a).
AB16,3,20
19(4) Penalty. A person who commits a violation of sub. (2) (a) is subject to a
20forfeiture of $75.
