SB174: Bill Text

LRB-0315/1

MJL:mfd:km

1997 - 1998 LEGISLATURE

1997 Senate BILL 174

April 16, 1997 - Introduced by Senators Risser, Buettner, Clausing, Plache, Cowles and Rosenzweig, cosponsored by Representatives Duff, Bock, J. Lehman, Robson, Notestein, Baldwin, Black, Ryba, Boyle, R. Young, L. Young, Vander Loop, La Fave, Kelso, Ott and Wasserman. Referred to Committee on Health, Human Services, Aging, Corrections, Veterans and Military Affairs.

SB174,2,2 An Act to renumber and amend 101.123 (1) (a), 101.123 (2) (c) and 101.123 (9); to amend 66.124 (1), 66.124 (4), 101.123 (title), 101.123 (1) (f), 101.123 (9) (title), 165.60, 254.69 (2) (am), 254.69 (2) (c), 254.69 (2) (g), 254.74 (1) (a), 254.85 (1) and 254.85 (4); and to create 36.11 (27), 101.123 (2) (a) 11., 101.123 (2) (a) 12., 101.123 (2) (c) 2. and 3. and 101.123 (9) (a) of the statutes; relating to: prohibiting the use of cigarettes and tobacco products on the premises of shopping malls and in the common areas of privately owned residential buildings, regulating smoking in restaurants and in private schools, colleges and universities, authorizing the department of health and family services to enforce smoking restrictions in restaurants, authorizing the board of regents of the University of Wisconsin System to prohibit the use of cigarettes and tobacco products on property that is subject to its jurisdiction and authorizing a person owning, leasing or renting a building to prohibit the use of cigarettes and tobacco products in the area of that building that is subject to that person's control.

Analysis by the Legislative Reference Bureau

Current law generally prohibits smoking in public conveyances, inpatient health care facilities, indoor movie theaters, offices and passenger elevators, retail establishments, public waiting rooms, and enclosed indoor areas of a local or state unit of government. Current law also prohibits smoking in restaurants whose seating capacity is more than 50 persons and whose receipts from the sale of beer or liquor, or both, amount to 50% or less of the restaurant's total receipts, and in educational facilities that offer state-approved or state-licensed instruction or training. The department of justice (DOJ), sheriffs, constables, and other local police officers are authorized to enforce the law.

This bill expands the coverage of the existing law to prohibit smoking in indoor shopping malls, private educational facilities, common areas of privately owned residential buildings and restaurants whose seating capacity is more than 30 persons and whose receipts from the sale of beer or liquor, or both, amount to 50% or less of the restaurant's receipts. In addition, the bill authorizes the board of regents of the University of Wisconsin System to prohibit the use of cigarettes and tobacco products on property that is subject to its jurisdiction and provides that a person who owns, rents or leases a building, or an area of a building, may prohibit smoking in that building or area of that building. This bill also requires the department of health and family services to enforce concurrently with DOJ the prohibition against smoking in restaurants.

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:

SB174, s. 1 Section 1. 36.11 (27) of the statutes is created to read:

SB174,2,6 36.11 (27) Prohibition of tobacco. The board may prohibit the use of cigarettes, as defined in s. 139.30 (1), and tobacco products, as defined in s. 139.75 (12), on property that is subject to its jurisdiction.

SB174, s. 2 Section 2. 66.124 (1) of the statutes is amended to read:

SB174,3,15 66.124 (1) An employe or agent of a local health department designated by the department of health and family services under s. 254.69 (2) or the department of agriculture, trade and consumer protection under s. 97.41 may enter, at reasonable hours, any premises for which the local health department issues a permit under s. 97.41 or 254.69 (2) to inspect the premises, secure samples or specimens, examine and copy relevant documents and records or obtain photographic or other evidence needed to enforce subch. VII of ch. 254, ch. 97, s.101.123 with respect to restaurants or s. 254.47, relating to those premises. If samples of food are taken, the local health department shall pay or offer to pay the market value of those samples. The local health department, department of health and family services or department of agriculture, trade and consumer protection shall examine the samples and specimens secured and shall conduct other inspections and examinations needed to determine whether there is a violation of subch. VII of ch. 254, ch. 97, s.101.123 with respect to restaurants or s. 254.47, rules adopted by the departments promulgated under those statutes subch. VII of ch. 254, ch. 97 or s. 254.47, ordinances adopted by the village, city or county or regulations adopted by the local board of health under s. 97.41 (7) or 254.69.

SB174, s. 3 Section 3. 66.124 (4) of the statutes is amended to read:

SB174,3,23 66.124 (4) A proceeding under this section, or the issuance of a permit for the premises after notification of procedures under this section, does not constitute a waiver by the village, city or county of its authority to rely on a violation of ch. 97, s. 101.123 with respect to restaurants, s. 254.47 or subch. VII of ch. 254 or any rule adopted promulgated under those statutes ch. 97, s. 254.47 or subch. VII of ch. 254 as the basis for any subsequent suspension or revocation of the permit or any other enforcement action arising out of the violation.

SB174, s. 4 Section 4. 101.123 (title) of the statutes is amended to read:

SB174,3,25 101.123 (title) Clean indoor air Smoking restrictions.

SB174, s. 5 Section 5. 101.123 (1) (a) of the statutes is renumbered 101.123 (1) (ag) and amended to read:

SB174,4,6 101.123 (1) (ag) "Educational facility" means any building used principally for educational purposes in which a school, college or university, whether public or private, is located or a course of instruction or training program is offered that has been approved or licensed by a state agency or board.

SB174, s. 6 Section 6. 101.123 (1) (f) of the statutes is amended to read:

SB174,4,9 101.123 (1) (f) "Restaurant" means an establishment defined in s. 254.61 (5) with a seating capacity of more than 50 30 persons.

SB174, s. 7 Section 7. 101.123 (2) (a) 11. of the statutes is created to read:

SB174,4,11 101.123 (2) (a) 11. Indoor shopping malls.

SB174, s. 8 Section 8. 101.123 (2) (a) 12. of the statutes is created to read:

SB174,4,13 101.123 (2) (a) 12. Common areas of privately owned residential buildings.

SB174, s. 9 Section 9. 101.123 (2) (c) of the statutes is renumbered 101.123 (2) (c) (intro.) and amended to read:

SB174,4,16 101.123 (2) (c) (intro.) This section does not limit the any of the following:

SB174,4,19 1. The authority of any county, city, village or town to enact ordinances or of any school district to adopt policies that, complying with the purpose of this section, protect the health and comfort of the public.

SB174, s. 10 Section 10. 101.123 (2) (c) 2. and 3. of the statutes are created to read:

SB174,4,23 101.123 (2) (c) 2. The authority of the board of regents of the University of Wisconsin System under s. 36.11 (27) to prohibit the use of cigarettes and tobacco products on property that is subject to its jurisdiction.

SB174,5,3 3. The authority of a person who owns, rents or leases a building, or an area of a building, to prohibit smoking in that building or area of that building owned, leased or rented by, or under the control of, that person.

SB174, s. 11 Section 11. 101.123 (9) (title) of the statutes is amended to read:

SB174,5,5 101.123 (9) (title) Injunction Enforcement and injunction.

SB174, s. 12 Section 12. 101.123 (9) of the statutes is renumbered 101.123 (9) (b) and amended to read:

SB174,5,10 101.123 (9) (b) Notwithstanding s. 165.60 par. (a), state or local officials or any affected party may institute an action in any court with jurisdiction to enjoin repeated violations of this section.

SB174, s. 13 Section 13. 101.123 (9) (a) of the statutes is created to read:

SB174,5,15 101.123 (9) (a) The department of justice, together with sheriffs, constables and other local police officers, shall enforce this section as provided under s. 165.60. In addition, the department of health and family services under s. 254.69 shall enforce this section with respect to restaurants as provided under s. 254.85.

SB174, s. 14 Section 14. 165.60 of the statutes is amended to read:

SB174,6,2 165.60 Law enforcement. The department of justice is authorized to enforce ss. 101.123 (2), (5) and (8) and (5), 944.30, 944.31, 944.33, 944.34, 945.02 (2), 945.03 and 945.04 and is invested with the powers conferred by law upon sheriffs and municipal police officers in the performance of those duties. This section does not deprive or relieve sheriffs, constables and other local police officers of the power and duty to enforce those sections, and those officers shall likewise enforce those sections, nor does this section deprive or relieve the department of health and family services, or a local health department that is an agent of the department of health and family services under s. 254.69, of the power and duty to enforce s. 101.123 (2) and (5) with respect to restaurants, and those departments shall likewise enforce s. 101.123 (2) and (5).

SB174, s. 15 Section 15. 254.69 (2) (am) of the statutes is amended to read:

SB174,7,2 254.69 (2) (am) In the administration of this subchapter , s. 101.123 with respect to restaurants or s. 254.47, the department may enter into a written agreement with a local health department with a jurisdictional area that has a population greater than 5,000, which designates the local health department as the department's agent in issuing permits to and making investigations or inspections of hotels, restaurants, temporary restaurants, tourist rooming houses, bed and breakfast establishments, campgrounds and camping resorts, recreational and educational camps and public swimming pools. In a jurisdictional area of a local health department without agent status, the department of health and family services may issue permits, collect permit fees established by rule under s. 254.68 and make investigations or inspections of hotels, restaurants, temporary restaurants, tourist rooming houses, bed and breakfast establishments, campgrounds and camping resorts, recreational and educational camps and public swimming pools. If the department designates a local health department as its agent, the department or local health department may require no permit for the same operations other than the permit issued by the local health department under this subsection. The department shall coordinate the designation of agents under this subsection with the department of agriculture, trade and consumer protection to ensure that, to the extent feasible, the same local health department is granted agent status under this subsection and under s. 97.41. Except as otherwise provided by the department, a local health department granted agent status shall regulate all types of establishments for which this subchapter permits the department of health and family services to delegate regulatory authority.

SB174, s. 16 Section 16. 254.69 (2) (c) of the statutes is amended to read:

SB174,7,7 254.69 (2) (c) The department shall provide education and training to agents designated under this subsection to ensure uniformity in the enforcement of this subchapter, s. 101.123 with respect to restaurants, s. 254.47 and rules promulgated under this subchapter and s. 254.47.

SB174, s. 17 Section 17. 254.69 (2) (g) of the statutes is amended to read:

SB174,7,15 254.69 (2) (g) A village, city or county may adopt ordinances and a local board of health may adopt regulations regarding the permittees and premises for which the local health department is the designated agent under this subsection, which are stricter than this subchapter, s. 101.123 with respect to restaurants, s. 254.47 or rules promulgated by the department of health and family services under this subchapter or s. 254.47. No such provision may conflict with this subchapter or with department rules.

SB174, s. 18 Section 18. 254.74 (1) (a) of the statutes is amended to read:

SB174,7,21 254.74 (1) (a) Administer and enforce this subchapter, the rules promulgated under this subchapter and any other rules or laws relating to the public health and safety in hotels, tourist rooming houses, bed and breakfast establishments, restaurants, vending machine commissaries, vending machines and vending machine locations, including s. 101.123 with respect to restaurants.

SB174, s. 19 Section 19. 254.85 (1) of the statutes is amended to read:

SB174,8,7 254.85 (1) The department may enter, at reasonable hours, any premises for which a permit is required under this subchapter or s. 254.47 to inspect the premises, secure samples or specimens, examine and copy relevant documents and records or obtain photographic or other evidence needed to enforce this subchapter, s. 101.123 with respect to restaurants or s. 254.47. If samples of food are taken, the department shall pay or offer to pay the market value of the samples taken. The department shall examine the samples and specimens secured and shall conduct other inspections and examinations needed to determine whether there is a violation of this subchapter, s. 101.123 with respect to restaurants, s. 254.47 or rules promulgated by the department under this subchapter or s. 254.47.

SB174, s. 20 Section 20. 254.85 (4) of the statutes is amended to read: