AB440: Bill Text

LRB-1764/5

MGG:wlj:rs

2005 - 2006 LEGISLATURE

2005 Assembly BILL 440

May 24, 2005 - Introduced by Representatives Gottlieb, Wasserman, Bies, Black, Boyle, Gielow, Hines, Lehman, Ott, Parisi and Underheim, cosponsored by Senators Darling, Roessler and Risser. Referred to Committee on State Affairs.

AB440,1,12 An Act to repeal 101.123 (1) (br), 101.123 (1) (c), 101.123 (3) (b), 101.123 (3) (f), 101.123 (4) (a) 1. and 101.123 (4) (a) 3.; to renumber 101.123 (1) (a) and 101.123 (4) (am) 3.; to renumber and amend 101.123 (1) (e), 101.123 (4) (a) 2., 101.123 (4) (am) 1. and 101.123 (4) (am) 2.; to consolidate, renumber and amend 101.123 (4) (b) and (bm); to amend 101.123 (1) (ar), 101.123 (1) (d), 101.123 (1) (f), 101.123 (1) (g), 101.123 (2) (am) 1., 101.123 (2) (am) 2., 101.123 (3) (intro.), 101.123 (3) (d), 101.123 (4) (c) and 101.123 (4) (d); to repeal and recreate 101.123 (2) (a) 1. and 101.123 (2) (a) 5.; and to create 101.123 (1) (ac), 101.123 (1) (dj) and 101.123 (4) (aw) of the statutes; relating to: indoor places where smoking is prohibited, designating smoking areas in indoor places where smoking is generally prohibited, and smoking outside the state capitol building.

Analysis by the Legislative Reference Bureau

Current law prohibits smoking in most enclosed, indoor locations that are accessible to the public unless there has been a specific area that has been designated a smoking area. This bill limits the areas where any smoking areas may be designated to hospitals where the primary purpose is for treatment of mental illness, alcoholism, or drug abuse; mental health institutions; centers for the developmentally disabled; prisons; and jails. The locations where smoking areas may no longer be designated under the bill include the following:

1. Mass transit vehicles and school buses.

2. Schools and other educational facilities.

3. Inpatient health care facilities such as community-based residential facilities and licensed nursing homes.

4. Movie theaters.

5. Offices and other places of employment, as described below.

6. Restaurants that have seating capacities of more than 50 persons, except as described below.

7. Retail establishments.

8. Public waiting rooms.

9. County, city, village, state, and town buildings.

Current law provides exceptions from the prohibition against smoking for rooms in which the main occupants are smokers and for areas of facilities that are used to manufacture or assemble goods, products, or merchandise. This bill eliminates these exceptions. This bill also expands the concept of "offices" under current law to include any place of employment. The bill defines "a place of employment" to be any indoor area that employees normally frequent during the course of employment such as a work area, an employee lounge, a restroom, a conference room, a meeting room, a classroom, or a hallway. The definition excludes any private residence unless it is an adult day care center.

Current law allows smoking in any restaurant holding an intoxicating liquor license or beer license issued by a municipality if the sale of alcoholic beverages subject to the license accounts for more than 50 percent of the restaurant's receipts. The bill increases this percentage to 75 percent and applies this provision to all businesses operating under one of these licenses.

Current law also allows smoking in any bowling center and any restaurant that has seating for a maximum of 50 persons. This bill eliminates the capacity requirements for restaurants and prohibits smoking in bowling centers.

Current law prohibits any person from smoking at an outside location that within the immediate vicinity of the state capitol building. Current law defines "immediate vicinity" for this purpose to be six feet. The bill changes this distance to 25 feet.

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:

AB440, s. 1 Section 1. 101.123 (1) (a) of the statutes is renumbered 101.123 (1) (ag).

AB440, s. 2 Section 2. 101.123 (1) (ac) of the statutes is created to read:

AB440,3,5 101.123 (1) (ac) "Adult day care center" means a facility in which services are provided for part of a day in a group setting to adults who need an enriched health-supportive or social experience and who may need assistance with activities of daily living, supervision, or protection.

AB440, s. 3 Section 3. 101.123 (1) (ar) of the statutes is amended to read:

AB440,3,11 101.123 (1) (ar) "Immediate vicinity of the state capitol" means the area directly adjacent to the state capitol building, as determined by rule of the department of administration. "Immediate vicinity of the state capitol" does not include any location that is more than one fathom 25 feet from the state capitol building.

AB440, s. 4 Section 4. 101.123 (1) (br) of the statutes is repealed.

AB440, s. 5 Section 5. 101.123 (1) (c) of the statutes is repealed.

AB440, s. 6 Section 6. 101.123 (1) (d) of the statutes is amended to read:

AB440,3,18 101.123 (1) (d) "Person in charge" means the person who ultimately controls, governs or directs the activities aboard a public conveyance or within a place where smoking is regulated under this section, regardless of the person's status as owner or lessee.

AB440, s. 7 Section 7. 101.123 (1) (dj) of the statutes is created to read:

AB440,3,24 101.123 (1) (dj) "Place of employment" means any indoor area that employees normally frequent during the course of employment, including a work area, an employee lounge, a restroom, a conference room, a meeting room, a classroom, a hallway, a vehicle, and or a cafeteria that is provided by the employer. "Place of employment" does not include any of the following:

AB440,3,25 1. A private residence unless it is used as an adult day care center.

AB440,4,3 2. A business operating under a "Class B" intoxicating liquor license or a Class "B" fermented malt beverage license if the sales of intoxicating liquors or fermented malt beverages or both accounts for more than 75 percent of the business' receipts.

AB440, s. 8 Section 8. 101.123 (1) (e) of the statutes is renumbered 101.123 (1) (cm) and amended to read:

AB440,4,8 101.123 (1) (cm) "Public conveyance" "Passenger vehicle" means a mass transit vehicles vehicle as defined by in s. 340.01 (28m), a motor bus as defined in s. 340.01 (31), and a school buses bus as defined by in s. 340.01 (56).

AB440, s. 9 Section 9. 101.123 (1) (f) of the statutes is amended to read:

AB440,4,11 101.123 (1) (f) "Restaurant" means an establishment as defined in s. 254.61 (5) with a seating capacity of more than 50 persons.

AB440, s. 10 Section 10. 101.123 (1) (g) of the statutes is amended to read:

AB440,4,17 101.123 (1) (g) "Retail establishment" means any store or shop in which retail sales is the principal business conducted, except a tavern business operating under a "Class B" intoxicating liquor license or Class "B" fermented malt beverages license, and except bowling centers if the sales of intoxicating liquors or fermented malt beverages or both accounts for more than 75 percent of the business' receipts.

AB440, s. 11 Section 11. 101.123 (2) (a) 1. of the statutes is repealed and recreated to read:

AB440,4,19 101.123 (2) (a) 1. Passenger vehicles.

AB440, s. 12 Section 12. 101.123 (2) (a) 5. of the statutes is repealed and recreated to read:

AB440,4,21 101.123 (2) (a) 5. Places of employment.

AB440, s. 13 Section 13. 101.123 (2) (am) 1. of the statutes is amended to read:

AB440,4,24 101.123 (2) (am) 1. Notwithstanding par. (a) and sub. (3) and except as provided in subd. 2., no person may smoke in a motor bus, in a hospital or in a physician's office.

AB440, s. 14 Section 14. 101.123 (2) (am) 2. of the statutes is amended to read: