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11. 134.66 (1) (k) of the statutes is repealed and recreated to read: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12. 134.66 (1) (L) of the statutes is repealed and recreated to read: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.
AB1076-ASA2,5,2218
134.66
(2) (b) 2. A
tobacco vending machine operator shall attach a notice in
19a conspicuous place on the front of his or her
tobacco vending machines stating that
20the purchase of any cigarette or tobacco product by a person under the age of 18 is
21unlawful under s. 48.983 and that the purchaser is subject to a forfeiture of not to
22exceed
$25 $50.
AB1076-ASA2, s. 15
23Section
15. 134.66 (2) (c) 1. (intro.) of the statutes is renumbered 134.66 (2)
24(c) (intro.) and amended to read:
AB1076-ASA2,6,4
1134.66
(2) (c) (intro.)
Except as provided in par. (cm), no No retailer may keep
2a
tobacco vending machine
in within the premises of any
public place that is open to
3persons under the age of 18 the general public unless
all any of the following
apply 4applies:
AB1076-ASA2,6,108
134.66
(2) (c) 1m. The tobacco vending machine is in a barroom, as defined in
9s. 125.51 (3m) (a), located on premises described in a license issued under s. 125.26
10or 125.51 (3).
AB1076-ASA2,6,1513
134.66
(2) (c) 2m. The tobacco vending machine is located in a portion of a
14factory, business, office, club or other establishment to which members of the general
15public and minors do not have access.
AB1076-ASA2, s. 22
17Section
22. 134.66 (2) (cm) 1. of the statutes is renumbered 134.66 (2) (cm) and
18amended to read:
AB1076-ASA2,6,2019
134.66
(2) (cm) Notwithstanding par. (c), no retailer may place a
tobacco 20vending machine
in a school or within 500 feet of a school.
AB1076-ASA2, s. 24
22Section
24. 134.66 (2) (d) of the statutes is renumbered 134.66 (2) (d) 1. and
23amended to read:
AB1076-ASA2,7,324
134.66
(2) (d) 1.
No Except as provided in subd. 2., no retailer, manufacturer,
25distributor, jobber
, or subjobber
or retailer, or their employes or agents, and no
1employe or agent of a retailer, manufacturer, distributor, jobber or subjobber may
2provide give away cigarettes or tobacco products
for nominal or no consideration to
3any person
under the age of 18.
AB1076-ASA2,7,75
134.66
(2) (d) 2. A retailer, manufacturer, distributor, jobber or subjobber or an
6employe or agent of a retailer, manufacturer, distributor, jobber or subjobber may
7give away tobacco products to a person who is at least 18 years of age.
AB1076-ASA2,7,129
134.66
(3) Defense of retailer, manufacturer and distributor. (intro.) Proof
10of all of the following facts by a retailer, manufacturer or distributor who
sells 11allegedly sold cigarettes or tobacco products to a
person under the age of 18 minor 12is a defense to any prosecution for a violation of sub. (2) (a):
AB1076-ASA2, s. 27
13Section
27. 134.66 (3) (a) of the statutes is renumbered 134.66 (3) (am).
AB1076-ASA2,7,1715
134.66
(3) (ab) That the retailer, manufacturer or distributor requested to see
16an identification card of the purchaser if an ordinary and prudent person would
17believe that the purchaser had not attained the age of 25.
AB1076-ASA2,7,2319
(1)
Penalties for certain violations. The treatment of sections 48.983 (4m)
20and 134.66 (2) (a), (c) 1. (intro.), 1m. and 2m. and (cm) 1. and (3) (intro.), (a) and (ab)
21of the statutes, the renumbering and amendment of section 134.66 (2) (d) of the
22statutes and the creation of section 134.66 (2) (d) 2. of the statutes first apply to
23violations committed on the effective date of this subsection.