AB21: Bill Text

LRB-1450/1

TAY:kaf:jlb

1997 - 1998 LEGISLATURE

1997 Assembly BILL 21

January 28, 1997 - Introduced by Representatives Nass, Kreibich, Handrick, Ladwig, Ainsworth, Olsen, Ott, Wasserman, Kelso, Lazich, Schafer, Powers and Gunderson, cosponsored by Senators Welch, Clausing, Weeden and Zien. Referred to Committee on Criminal Justice and Corrections.

AB21,1,4 An Act to amend 101.123 (4) (am) 1., 101.123 (4) (bm), 101.123 (6) and 101.123 (8) (a); and to create 101.123 (1) (dr) and 101.123 (2) (d) of the statutes; relating to: prohibiting prisoners from smoking in state prisons and providing a penalty.

Analysis by the Legislative Reference Bureau

Current law prohibits smoking in certain specified buildings or facilities, such as enclosed, indoor areas of a state or local government building, except in areas designated by the person in charge of the building or facility. This bill prohibits prisoners from smoking anywhere in or on the premises of state prisons. The restriction does not apply to department of corrections employes or to prison visitors.

For further information see the state 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:

AB21, s. 1 Section 1. 101.123 (1) (dr) of the statutes is created to read:

AB21,1,6 101.123 (1) (dr) "Prisoner" has the meaning given in s. 301.01 (2).

AB21, s. 2 Section 2. 101.123 (2) (d) of the statutes is created to read:

AB21,2,2 101.123 (2) (d) Notwithstanding par. (a) and subs. (3) and (4), no prisoner may smoke in or on the premises of a prison.

AB21, s. 3 Section 3. 101.123 (4) (am) 1. of the statutes is amended to read:

AB21,2,12 101.123 (4) (am) 1. The secretary of health and family services or his or her designee may designate areas where smoking is permitted in a state institution other than a prison, unless a fire marshal, law or resolution prohibits smoking in the area. The secretary of corrections or his or her designee may designate areas where smoking is permitted in a prison, unless a fire marshal, law or resolution prohibits smoking in the area and subject to the restriction under sub. (2) (d). Either secretary or his or her designee may designate an entire room as a smoking area in a state institution administered by the secretary's department subject to the restriction regarding prisoners under sub. (2) (d).

AB21, s. 4 Section 4. 101.123 (4) (bm) of the statutes is amended to read:

AB21,2,24 101.123 (4) (bm) The person in charge of a state institution, jail or lockup facility, or his or her agent, shall post notice of the designation of a smoking area under par. (am) in or near the area designated. If an entire room is designated a smoking area, the person in charge or his or her agent shall post notice of the designation conspicuously on or near all normally used entrances to the room. If an entire building in a prison, secured correctional facility, jail or lockup facility is designated a smoking area, the person in charge, or his or her agent, shall post notice of the designation on or near all normally used entrances to the building, but need not post notice of the designation on or near entrances to rooms within the building. If applicable, the notice shall include information about the restriction under sub. (2) (d).

AB21, s. 5 Section 5. 101.123 (6) of the statutes is amended to read:

AB21,3,5 101.123 (6) Uniform signs. The department shall, by rule, specify uniform dimensions and other characteristics of signs used to designate smoking areas, including signs for areas subject to the restriction under sub. (2) (d). These rules may not require the use of signs that are more expensive than is necessary to accomplish their purpose.

AB21, s. 6 Section 6. 101.123 (8) (a) of the statutes is amended to read:

AB21,3,11 101.123 (8) (a) Any person who wilfully violates sub. (2) (a), (am) 1. or (bm) after being advised by an employe of the facility that smoking in the area is prohibited or that the person is prohibited from smoking under sub. (2) (d) or any person in charge or his or her agent who wilfully fails to comply with sub. (5) shall forfeit not more than $10.

AB21,3,12 (End)