LRB-2215/1
ARG&SWB:kjf
2015 - 2016 LEGISLATURE
December 29, 2015 - Introduced by Senators Bewley and Lassa, cosponsored by
Representatives Meyers, Barnes, A. Ott, Milroy, Pope, Subeck, Spreitzer,
Ohnstad, Considine, Hebl, Berceau and Brostoff. Referred to Committee on
Health and Human Services.
SB480,1,4
1An Act to amend 255.15 (3) (b) (intro.); and
to create 20.435 (1) (gc), 346.94 (24),
2346.947, 346.95 (13), 814.75 (28) and 814.79 (11) of the statutes;
relating to:
3smoking in motor vehicles while a child is present, making an appropriation,
4and providing a penalty.
Analysis by the Legislative Reference Bureau
Current law prohibits, with exceptions, a person from smoking in specified
enclosed or outdoor locations, including in a "public conveyance," which is a mass
transit vehicle, school bus, or other device by which persons are transported for hire
except in interstate commerce. A person who violates this prohibition is subject to
a forfeiture of not less than $100 nor more than $250 for each violation.
Also under current law, the Department of Health Services administers a
tobacco use control program to award grants for specified purposes, including to
reduce tobacco use and promote tobacco use cessation and prevention.
This bill prohibits a person from smoking in a motor vehicle while a child under
the age of eight years, weighing not more than 80 pounds, and of a height not more
than 57 inches is present in the motor vehicle, regardless of whether the motor
vehicle is on a highway. However, the bill does not apply to smoking in a public
conveyance. A person who violates this prohibition must forfeit $25 for the first
offense and $50 for each subsequent offense and must also pay a surcharge in the
same amount. The surcharge proceeds provide additional funding for the tobacco use
control program. A law enforcement officer may not stop or inspect a vehicle solely
to determine compliance with this smoking prohibition but may issue a citation for
a violation observed in the course of a stop or inspection made for other purposes.
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:
SB480,1
1Section
1. 20.435 (1) (gc) of the statutes is created to read:
SB480,2,42
20.435
(1) (gc)
Tobacco use control, surcharge proceeds. All moneys received
3from vehicle smoking surcharges under s. 346.947 for grants and programs under s.
4255.15 (3).
SB480,2
5Section
2. 255.15 (3) (b) (intro.) of the statutes is amended to read:
SB480,2,76
255.15
(3) (b) (intro.) From the appropriation
account accounts under s. 20.435
7(1) (fm)
and (gc), the department may award grants for any of the following:
SB480,3
8Section
3. 346.94 (24) of the statutes is created to read:
SB480,2,109
346.94
(24) Smoking in motor vehicles while a child is present. (a) In this
10subsection:
SB480,2,1211
1. "Child" means a person who is under the age of 8 years, weighs not more than
1280 pounds, and is not more than 57 inches in height.
SB480,2,1313
2. "Public conveyance" has the meaning given in s. 101.123 (1) (e).
SB480,2,1514
3. "Smoke" means to burn or hold, or inhale or exhale smoke from, any item
15described in s. 101.123 (1) (h) 1. to 4. containing tobacco.
SB480,2,1716
(b) No person may smoke in a motor vehicle while any child is present in the
17motor vehicle, regardless of whether the motor vehicle is on a highway.
SB480,2,1818
(c) This subsection does not apply if the motor vehicle is a public conveyance.
SB480,3,619
(d) Notwithstanding s. 349.02, a law enforcement officer may not stop or
20inspect a vehicle solely to determine compliance with this subsection or a local
1ordinance in conformity with this subsection. This paragraph does not limit the
2authority of a law enforcement officer to issue a citation for a violation of this
3subsection or a local ordinance in conformity with this subsection observed in the
4course of a stop or inspection made for other purposes, except that a law enforcement
5officer may not take a person into physical custody solely for a violation of this
6subsection or a local ordinance in conformity with this subsection.
SB480,4
7Section
4. 346.947 of the statutes is created to read:
SB480,3,11
8346.947 Smoking in vehicle surcharge.
(1) Whenever a court imposes a
9forfeiture under s. 346.95 (13) for a violation of s. 346.94 (24), the court shall also
10impose a vehicle smoking surcharge under ch. 814 in an amount equal to the amount
11of the forfeiture imposed.
SB480,3,13
12(2) If a forfeiture is suspended in whole or in part, the surcharge under sub.
13(1) shall be reduced in proportion to the suspension.
SB480,3,18
14(3) If any deposit is made for an offense to which this section applies, the person
15making the deposit shall also deposit a sufficient amount to include the surcharge
16under this section. If the deposit is forfeited, the amount of the surcharge shall be
17transmitted to the secretary of administration under sub. (4). If the deposit is
18returned, the amount of the surcharge shall also be returned.
SB480,3,23
19(4) The clerk of the circuit court shall collect and transmit to the county
20treasurer the vehicle smoking surcharge as required under s. 59.40 (2) (m). The
21county treasurer shall then pay the secretary of administration as provided in s.
2259.25 (3) (f) 2. The secretary of administration shall deposit all amounts received
23under this subsection in the general fund to be appropriated under s. 20.435 (1) (gc).
SB480,5
24Section
5. 346.95 (13) of the statutes is created to read:
SB480,4,2
1346.95
(13) Any person violating s. 346.94 (24) shall be required to forfeit $25
2for the first offense and $50 for each subsequent offense.
SB480,6
3Section
6. 814.75 (28) of the statutes is created to read:
SB480,4,44
814.75
(28) The vehicle smoking surcharge under s. 346.947.
SB480,7
5Section
7. 814.79 (11) of the statutes is created to read:
SB480,4,66
814.79
(11) The vehicle smoking surcharge under s. 346.947.
SB480,8
7Section
8.
Effective date.
SB480,4,98
(1) This act takes effect on the first day of the 4th month beginning after
9publication.
