AB414-SSA2,7,2221
101.123
(3m) Lodging. A lodging establishment may not designate more than
2225 percent of its rooms as rooms in which smoking is permitted.
AB414-SSA2, s. 37
24Section
37. 101.123 (4m) (title) of the statutes is created to read:
AB414-SSA2,7,2525
101.123
(4m) (title)
Local regulation.
AB414-SSA2, s. 38
1Section
38. 101.123 (5) (title) of the statutes is repealed and recreated to read:
AB414-SSA2,8,22
101.123
(5) (title)
Signs.
AB414-SSA2, s. 39
3Section
39. 101.123 (5) (intro.) and (a) of the statutes are consolidated,
4renumbered 101.123 (5) (am) and amended to read:
AB414-SSA2,8,75
101.123
(5) (am) The person in charge
of a place in which smoking is prohibited 6or his or her agent shall
: (a) Post post signs
identifying designated smoking areas;
7and outlining the prohibitions against smoking, as specified in this section.
AB414-SSA2, s. 42
10Section
42. 101.123 (6) of the statutes is renumbered 101.123 (5) (bn) and
11amended to read:
AB414-SSA2,8,1512
101.123
(5) (bn) The department shall, by rule, specify uniform dimensions and
13other characteristics of
the signs
used to designate smoking areas required under
14par. (am). These rules may not require the use of signs that are more expensive than
15is necessary to accomplish their purpose.
AB414-SSA2, s. 44
17Section
44. 101.123 (7) of the statutes is renumbered 101.123 (5) (c) and
18amended to read:
AB414-SSA2,8,2119
101.123
(5) (c) The department shall arrange with the department of
20administration to have the signs
that are required under par. (am) prepared and
21made available to state agencies for use in state facilities.
AB414-SSA2,9,223
101.123
(8) (a)
Any Except as provided in par. (b), any person who willfully
24violates sub. (2)
(a), (am) 1., (bm), (br), or (bv) after being advised by an employee of
25the facility that smoking in the area is prohibited or any person in charge or his or
1her agent who willfully fails to comply with sub. (5)
(am) shall forfeit not more than
2$10.
AB414-SSA2,9,74
101.123
(8) (b) Any person who willfully violates sub. (2)
(ar) (a) 10. or (d) 1.
5by smoking in the state capitol building or in the vicinity of the state capitol building 6after being advised by an employee of the
facility
state capitol building that smoking
7in the area is prohibited shall forfeit not more than $50.
AB414-SSA2,9,16
10165.60 Law enforcement. The department of justice is authorized to enforce
11ss. 101.123 (2), (5)
(am), and (8), 944.30, 944.31, 944.33, 944.34, 945.02 (2), 945.03
12(1m), and 945.04 (1m) and ch. 108 and is invested with the powers conferred by law
13upon sheriffs and municipal police officers in the performance of those duties. This
14section does not deprive or relieve sheriffs, constables, and other local police officers
15of the power and duty to enforce those sections, and those officers shall likewise
16enforce those sections.
AB414-SSA2,9,2418
165.755
(1) (b) A court may not impose the crime laboratories and drug law
19enforcement surcharge under par. (a) for a violation of s. 101.123 (2)
(a), (am) 1., (ar),
20(bm), (br), or (bv) or (5) (b), for a first violation of s. 23.33 (4c) (a) 2., 30.681 (1) (b) 1.,
21346.63 (1) (b), or 350.101 (1) (b), if the person who committed the violation had a blood
22alcohol concentration of 0.08 or more but less than 0.1 at the time of the violation,
23or for a violation of a state law or municipal or county ordinance involving a
24nonmoving traffic violation or a safety belt use violation under s. 347.48 (2m).
AB414-SSA2,10,13
1302.46
(1) (a) On or after October 1, 1987, if a court imposes a fine or forfeiture
2for a violation of state law or for a violation of a municipal or county ordinance except
3for a violation of s. 101.123 (2)
(a), (am) 1., (ar), (bm), (br), or (bv) or (5)
(am), or for
4a first violation of s. 23.33 (4c) (a) 2., 30.681 (1) (b) 1., 346.63 (1) (b), or 350.101 (1)
5(b), if the person who committed the violation had a blood alcohol concentration of
60.08 or more but less than 0.1 at the time of the violation, or for a violation of state
7laws or municipal or county ordinances involving nonmoving traffic violations or
8safety belt use violations under s. 347.48 (2m), the court, in addition, shall impose
9a jail surcharge under ch. 814 in an amount of 1% of the fine or forfeiture imposed
10or $10, whichever is greater. If multiple offenses are involved, the court shall
11determine the jail surcharge on the basis of each fine or forfeiture. If a fine or
12forfeiture is suspended in whole or in part, the court shall reduce the jail surcharge
13in proportion to the suspension.
AB414-SSA2,10,1715
460.01
(5) "Physician's office"
has the meaning given in s. 101.123 (1) (dg) 16means a place, other than a residence or a hospital, that is used primarily to provide
17medical care and treatment.
AB414-SSA2,11,620
757.05
(1) (a) Whenever a court imposes a fine or forfeiture for a violation of
21state law or for a violation of a municipal or county ordinance except for a violation
22of s. 101.123 (2)
(a), (am) 1., (ar), (bm), (br), or (bv) or (5)
(am), or for a first violation
23of s. 23.33 (4c) (a) 2., 30.681 (1) (b) 1., 346.63 (1) (b), or 350.101 (1) (b), if the person
24who committed the violation had a blood alcohol concentration of 0.08 or more but
25less than 0.1 at the time of the violation, or for a violation of state laws or municipal
1or county ordinances involving nonmoving traffic violations or safety belt use
2violations under s. 347.48 (2m), there shall be imposed in addition a penalty
3surcharge under ch. 814 in an amount of 26 percent of the fine or forfeiture imposed.
4If multiple offenses are involved, the penalty surcharge shall be based upon the total
5fine or forfeiture for all offenses. When a fine or forfeiture is suspended in whole or
6in part, the penalty surcharge shall be reduced in proportion to the suspension.
AB414-SSA2,11,138
814.63
(1) (c) This subsection does not apply to an action for a violation of s.
9101.123 (2) (a)
, (am) 1., (ar), (bm), (br), or (bv) or (5)
(am), for a first violation of s. 23.33
10(4c) (a) 2., 30.681 (1) (b) 1., 346.63 (1) (b), or 350.101 (1) (b), if the person who
11committed the violation had a blood alcohol concentration of 0.08 or more but less
12than 0.1 at the time of the violation, or for a violation of a safety belt use violation
13under s. 347.48 (2m).
AB414-SSA2,11,18
15(1
) Referendum. There shall be submitted to the vote of the electors at the
16general election in November 2006 the following question: "Shall sections 1 to 52 of
172005 Wisconsin Act .... (this act) become law effective June 1, 2008, thus changing
18current state law in the following ways:
AB414-SSA2,11,2019
(a)
Increases the closed indoor areas where smoking is prohibited in this state
20to include all restaurants, regardless of size, and all taverns.
AB414-SSA2,11,2421
(b) Prohibits smoking, or eliminates the authority to designate smoking areas,
22in all public transit vehicles and all buildings and other closed, indoor areas that
23employees normally frequent except for private residences, private rooms in
24retirement homes, and up to 25 percent of the rooms in lodging establishments?"
AB414-SSA2,12,3
1(2)
Results of referendum. If the question under subsection (1) is approved
2by a majority of all votes cast on the question at the election,
Sections 1 to 52 of this
3act shall become law; otherwise
Sections 1 to 52 of this act shall not take effect.
AB414-SSA2,12,5
5(1) Section 53 of this act takes effect on the day after publication.
AB414-SSA2,12,13
6(2) The treatment of sections 101.123 (1) (am), (b), (bn), (br), (c), (d), (dg), (dj),
7(dm), (e), (f), (g), (im), and (j), (2) (title), (a) (intro.), 1., 2m., 4., 5., 5m., 5t., 7m., 9m.,
8and 10., (am), (ar), (b), (bm), (br), (bv), (c), and (d) (intro.), (3), (3m), (4), (4m) (title),
9(5) (title), (intro.), (a), and (b), and (8) (a) and (b), 165.60, 165.755 (1) (b), 302.46 (1)
10(a), 460.01 (5), 757.05(1) (a), and 814.63 (1) (c) of the statutes, the repeal of section
11101.123 (6) (title) and (7) (title) of the statutes, and the renumbering of section
12101.123 (6) and (7) of the statutes take effect on June 1, 2008, if the condition set forth
13in
Section 53 (1) of this act is satisfied.