LRBs0731/4
MGG/DAK:kmg&kaf:ks
1995 - 1996 LEGISLATURE
ASSEMBLY SUBSTITUTE AMENDMENT 2,
To 1995 ASSEMBLY BILL 1076
May 9, 1996 - Offered by Representatives Walker and Klusman.
AB1076-ASA2,1,11
1An Act to repeal 101.123 (1) (dg), 134.66 (2) (c) 1. a., 134.66 (2) (c) 1. b., 134.66
2(2) (c) 2., 134.66 (2) (c) 3. and 4. and 134.66 (2) (cm) 2. and 3.;
to renumber
3134.66 (3) (a);
to renumber and amend 134.66 (2) (c) 1. (intro.), 134.66 (2) (cm)
41. and 134.66 (2) (d);
to amend 47.03 (7), 77.54 (20) (c) 6., 101.123 (1) (c),
5101.123 (2) (am) 1., 101.123 (2) (am) 2., 134.66 (1) (h), 134.66 (2) (a), 134.66 (2)
6(b) 2. and 134.66 (3) (intro.);
to repeal and recreate 134.66 (1) (k) and 134.66
7(1) (L); and
to create 48.983 (4m), 101.123 (1) (ah), 134.66 (1) (bn), 134.66 (2)
8(c) 1m., 134.66 (2) (c) 2m., 134.66 (2) (d) 2. and 134.66 (3) (ab) of the statutes;
9relating to: the sale and gift of cigarettes or tobacco products, to prohibiting
10smoking in health care provider offices and in certain government buildings
11and to locations and control of tobacco vending machines.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
AB1076-ASA2,2,10
147.03
(7) If the department decides that a business under sub. (4) would not
2be feasible and profitable in any state building, the department may contract with
3vending machine operators
, as defined in s. 254.61 (10), to install vending machines
,
4as defined in s. 254.61 (7), in the building, giving preference to blind operators of
5vending machines. The department may, under the procedures established as
6required under sub. (4) (b), charge the net proceeds of each business operating under
7this subsection. The department shall deposit the moneys from the charges made
8under this subsection in the appropriations under s. 20.445 (5) (h) and (hd) and shall
9disburse the proceeds to provide services to blind persons under sub. (4) in
10accordance with
20 USC 107 to
107f.
AB1076-ASA2,2,1212
48.983
(4m) A person who violates this section shall forfeit $50.
AB1076-ASA2,2,2014
77.54
(20) (c) 6. For purposes of subd. 1., "premises" shall be construed broadly,
15and, by way of illustration but not limitation, shall include the lobby, aisles and
16auditorium of a theater or the seating, aisles and parking area of an arena, rink or
17stadium or the parking area of a drive-in or outdoor theater. The premises of a
18caterer with respect to catered meals or beverages shall be the place where served.
19Vending machine premises The premises of a vending machine, as defined in s.
20254.61 (7), shall include the room or area in which located.
AB1076-ASA2,2,2222
101.123
(1) (ah) "Health care provider" means any of the following:
AB1076-ASA2,2,2323
1. A nurse licensed under ch. 441.
AB1076-ASA2,2,2424
2. A chiropractor licensed under ch. 446.
AB1076-ASA2,2,2525
3. A dentist licensed under ch. 447.
AB1076-ASA2,3,1
14. A physician, podiatrist or physical therapist licensed under ch. 448.
AB1076-ASA2,3,32
5. An occupational therapist, occupational therapy assistant, physician
3assistant or respiratory care practitioner certified under ch. 448.
AB1076-ASA2,3,54
6. A dietitian certified under subch. IV of ch. 448. This subdivision does not
5apply after June 30, 1999.
AB1076-ASA2,3,66
7. An optometrist licensed under ch. 449.
AB1076-ASA2,3,77
8. A pharmacist licensed under ch. 450.
AB1076-ASA2,3,88
9. An acupuncturist certified under ch. 451.
AB1076-ASA2,3,99
10. A psychologist licensed under ch. 455.
AB1076-ASA2,3,1110
11. A social worker, marriage and family therapist or professional counselor
11certified under ch. 457.
AB1076-ASA2,3,1412
12. A speech-language pathologist or audiologist licensed under subch. II of ch.
13459 or a speech and language pathologist licensed by the department of public
14instruction.
AB1076-ASA2,3,1615
13. A partnership of any providers specified under subds. 1. to 12. that provides
16health care services.
AB1076-ASA2,3,1817
14. A corporation or limited liability company of any providers specified under
18subds. 1. to 12. that provides health care services.
AB1076-ASA2,3,2119
15. An operational cooperative sickness care plan organized under ss. 185.981
20to 185.985 that directly provides services through salaried employes in its own
21facility.
AB1076-ASA2,3,2222
16. A hospice licensed under subch. IV of ch. 50.
AB1076-ASA2,3,2323
17. An inpatient health care facility, as defined in s. 50.135 (1).
AB1076-ASA2,3,2424
18. A community-based residential facility, as defined in s. 50.01 (1g).
AB1076-ASA2,4,4
1101.123
(1) (c) "Office" means any area, whether publicly or privately owned
2or occupied, that serves as a place of work at which the principal activities consist
3of professional, clerical or administrative services
, including any service offered by
4health care providers.
AB1076-ASA2, s. 7
6Section
7. 101.123 (2) (am) 1. of the statutes is amended to read:
AB1076-ASA2,4,117
101.123
(2) (am) 1. Notwithstanding par. (a) and sub. (3) and except as provided
8in subd. 2., no person may smoke in a motor bus, in a hospital
or in a physician's office,
9in an office of a health care provider or in any enclosed, indoor area of a state, county,
10city, village or town building in which health care services are delivered to children
11or pregnant women, except that jails and lockup facilities are subject to sub. (4).
AB1076-ASA2, s. 8
12Section
8. 101.123 (2) (am) 2. of the statutes is amended to read:
AB1076-ASA2,4,1713
101.123
(2) (am) 2.
Notwithstanding subd. 1., a A person who is an adult
14patient of a hospital or unit of a hospital that has as its primary purpose the care and
15treatment of mental illness, alcoholism or drug abuse and who has the written
16permission of a physician may smoke in a room that is designated as a smoking area
17under sub. (4) (a) 2.
AB1076-ASA2,4,2119
134.66
(1) (bn) "Give away" means to transfer for no consideration or to transfer
20for consideration for advertising or promotional purposes outside the ordinary
21business course of selling.
AB1076-ASA2,4,2323
134.66
(1) (h) "School" has the meaning given in s. 118.257 (1)
(c) (d).
AB1076-ASA2, s. 11
24Section
11. 134.66 (1) (k) of the statutes is repealed and recreated to read:
AB1076-ASA2,5,3
1134.66
(1) (k) "Tobacco vending machine" is any mechanical device that
2automatically dispenses cigarettes or tobacco products when money or tokens are
3deposited in the device in payment for the cigarettes or tobacco products.
AB1076-ASA2, s. 12
4Section
12. 134.66 (1) (L) of the statutes is repealed and recreated to read:
AB1076-ASA2,5,95
134.66
(1) (L) "Tobacco vending machine operator" means a person who
6acquires tobacco products or stamped cigarettes from manufacturers or permittees,
7stores them and sells them through the medium of tobacco vending machines that
8he or she owns, operates or services and that are located on premises that are owned
9or under the control of other persons.
AB1076-ASA2,5,1611
134.66
(2) (a) No retailer, manufacturer or distributor may sell
or give 12cigarettes or tobacco products to
any person under the age of 18 a minor, except as
13provided in s. 48.983 (3). A
tobacco vending machine operator is not liable under this
14paragraph for the purchase of cigarettes or tobacco products from his or her
tobacco 15vending machine by a
person under the age of 18 minor if the
tobacco vending
16machine operator was unaware of the purchase.
