2. Schools and other educational facilities.
3. Residence halls and dormitories of colleges and universities.
4. Inpatient health care facilities, such as community-based residential
facilities and nursing homes.
5. Prisons, jails, and juvenile correction facilities.
6. Mental health institutions and hospitals where the primary purpose is the
treatment of mental illness, alcoholism, or drug abuse.
7. Centers for the developmentally disabled.
8. Restaurants and taverns, as described below.
9. Retail establishments.
10. Public waiting rooms.
11. Governmental buildings.
Current law also provides exceptions from the prohibition against smoking for
bowling centers, halls used for private functions, 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 substitute amendment eliminates
these exceptions.
Current law allows smoking in any restaurant that has a seating capacity of 50
individuals or less, or that holds a liquor license, if the sale of alcohol beverages
accounts for more than 50 percent of the restaurant's receipts. This substitute
amendment prohibits smoking in any restaurant regardless of seating capacity or
the number of liquor sale receipts.
Current law allows smoking in any tavern holding a "Class B" intoxicating
liquor license or Class "B" fermented malt beverage license, issued by a municipality
(liquor license). This substitute amendment prohibits smoking in any restaurant or
tavern.
The substitute amendment, however, requires that the contents of this
legislation be presented as a question to the voters in a referendum in the November
2006 general election. The provisions of this legislation will not take effect unless
the referendum question is approved by a majority of all votes cast on the question
at the election. If approved, the legislation will take effect on June 1, 2008.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
AB414-SSA2, s. 1
1Section
1
. 101.123 (1) (am) of the statutes is amended to read:
AB414-SSA2,3,52
101.123
(1) (am) "Hospital" has the meaning given in s. 50.33 (2), except that
3"hospital" does not include a nursing home licensed under s. 50.03 that is operated
4in connection with a hospital
or a retirement home that is operated in connection
5with a hospital.
AB414-SSA2, s. 2
6Section
2. 101.123 (1) (b) of the statutes is amended to read:
AB414-SSA2,3,97
101.123
(1) (b) "Inpatient health care facility" means
a hospital, a county home
8established under s. 49.70, a county infirmary established under s. 49.72
or, a
9community-based residential facility or a nursing home licensed under s. 50.03.
AB414-SSA2, s. 3
10Section
3. 101.123 (1) (bn) of the statutes is created to read:
AB414-SSA2,3,1111
101.123
(1) (bn) "Lodging establishment" means any of the following:
AB414-SSA2,3,1212
1. A bed and breakfast establishment, as defined in s. 254.61 (1).
AB414-SSA2,3,1313
2. A hotel, as defined in s. 254.61 (3).
AB414-SSA2,3,1414
3. A tourist rooming house, as defined in s. 254.61 (6).
AB414-SSA2, s. 6
17Section
6. 101.123 (1) (d) of the statutes is amended to read:
AB414-SSA2,4,4
1101.123
(1) (d) "Person in charge" means the person who ultimately controls,
2governs or directs the activities
aboard a public conveyance or within a place where
3smoking is
prohibited or regulated under this section, regardless of the person's
4status as owner or lessee.
AB414-SSA2, s. 8
6Section
8. 101.123 (1) (dj) of the statutes is created to read:
AB414-SSA2,4,117
101.123
(1) (dj) "Place of employment" means any indoor area that employees
8normally frequent during the course of employment, including a work area, an
9employee lounge, a restroom, a conference room, a meeting room, a classroom, a
10hallway, a vehicle, or a cafeteria that is provided by the employer. "Place of
11employment" does not include any of the following:
AB414-SSA2,4,1212
1. A private residence.
AB414-SSA2,4,1313
2. A room used by a person in a retirement home as his or her residence.
AB414-SSA2,4,1414
3. A hotel room in which smoking is permitted under sub. (3m).
AB414-SSA2, s. 9
15Section
9. 101.123 (1) (dm) of the statutes is amended to read:
AB414-SSA2,4,1916
101.123
(1) (dm) "Prison" means a prison described in s. 302.01
, except it does
17not include the correctional institution under s. 301.046 (1) if the institution is the
18prisoner's place of residence and does not include a Type 2 prison, as defined in s.
19301.01 (6).
AB414-SSA2, s. 10
20Section
10. 101.123 (1) (e) of the statutes is renumbered 101.123 (1) (cm) and
21amended to read:
AB414-SSA2,4,2422
101.123
(1) (cm)
"Public conveyance" "Passenger vehicle" means
a mass transit
23vehicles vehicle as defined
by in s. 340.01 (28m)
, a motor bus as defined in s. 340.01
24(31), and
a school
buses bus as defined
by in s. 340.01 (56).
AB414-SSA2,5,2
1101.123
(1) (f) "Restaurant" means an establishment
as defined in s. 254.61 (5)
2with a seating capacity of more than 50 persons.
AB414-SSA2,5,74
101.123
(1) (g) "Retail establishment" means any store or shop in which retail
5sales is the principal business conducted
, except a tavern operating under a "Class
6B" intoxicating liquor license or Class "B" fermented malt beverages license, and 7except bowling centers.
AB414-SSA2,5,109
101.123
(1) (im) "Tavern" means an establishment operating under a "Class B"
10intoxicating liquor license or Class "B" fermented malt beverages license.
AB414-SSA2,5,1513
101.123
(1) (bj) "
Type 1 juvenile
Juvenile secured correctional facility"
has the
14meaning given in means a Type 1 juvenile correctional facility, as defined in s. 938.02
15(19)
or a Type 2 juvenile correctional facility, as defined in s. 938.02 (20).
AB414-SSA2, s. 15
16Section
15. 101.123 (2) (title) of the statutes is repealed and recreated to read:
AB414-SSA2,5,1717
101.123
(2) (title)
Prohibition of smoking in indoor areas.
AB414-SSA2, s. 16
18Section
16. 101.123 (2) (a) (intro.) of the statutes is amended to read:
AB414-SSA2,5,2019
101.123
(2) (a) (intro.)
Except as provided in sub. (3), no No person may smoke
20in the following
enclosed, indoor places:
AB414-SSA2, s. 17
21Section
17. 101.123 (2) (a) 1. of the statutes is repealed and recreated to read:
AB414-SSA2,5,2222
101.123
(2) (a) 1. Passenger vehicles.
AB414-SSA2, s. 18
23Section
18. 101.123 (2) (a) 2m. of the statutes is created to read:
AB414-SSA2,5,2524
101.123
(2) (a) 2m. Residence halls and dormitories of universities and
25colleges.
AB414-SSA2, s. 19
1Section
19. 101.123 (2) (a) 4. of the statutes is repealed and recreated to read:
AB414-SSA2,6,22
101.123
(2) (a) 4. Theaters.
AB414-SSA2, s. 20
3Section
20. 101.123 (2) (a) 5. of the statutes is repealed and recreated to read:
AB414-SSA2,6,44
101.123
(2) (a) 5. Places of employment.
AB414-SSA2, s. 21
5Section
21. 101.123 (2) (a) 5m. of the statutes is created to read:
AB414-SSA2,6,76
101.123
(2) (a) 5m. Lockup facilities, jails, juvenile secured correctional
7facilities, and prisons.
AB414-SSA2, s. 22
8Section
22. 101.123 (2) (a) 5t. of the statutes is created to read:
AB414-SSA2,6,99
101.123
(2) (a) 5t. State institutions.
AB414-SSA2, s. 23
10Section
23. 101.123 (2) (a) 7m. of the statutes is created to read:
AB414-SSA2,6,1111
101.123
(2) (a) 7m. Taverns.
AB414-SSA2, s. 24
12Section
24. 101.123 (2) (a) 9m. of the statutes is created to read:
AB414-SSA2,6,1313
101.123
(2) (a) 9m. Lodging establishments except as provided in sub. (3m).
AB414-SSA2, s. 25
14Section
25. 101.123 (2) (a) 10. of the statutes is amended to read:
AB414-SSA2,6,1615
101.123
(2) (a) 10.
Any enclosed, indoor area of a state State, county, city,
16village
or and town
building buildings.
AB414-SSA2, s. 27
18Section
27. 101.123 (2) (ar) of the statutes is renumbered 101.123 (2) (d) 1. and
19amended to read:
AB414-SSA2,6,2120
101.123
(2) (d) 1.
Notwithstanding par. (a) and sub. (3), no person may smoke
21in the state capitol building or in In the immediate vicinity of the state capitol.
AB414-SSA2, s. 29
23Section
29. 101.123 (2) (bm) of the statutes is renumbered 101.123 (2) (d) 2.
24and amended to read:
AB414-SSA2,7,3
1101.123
(2) (d) 2.
Notwithstanding par. (a) and sub. (3), no person may smoke 2Outside on the premises
, indoors or outdoors, of a day care center
when children who
3are receiving day care services are present.
AB414-SSA2,7,86
101.123
(2) (d) 3.
Notwithstanding par. (a) and sub. (3), no person may smoke
7in any enclosed, indoor area of a Type 1 juvenile correctional facility or on On the
8grounds of a Type 1 juvenile correctional facility.
AB414-SSA2, s. 31
9Section
31. 101.123 (2) (bv) of the statutes is renumbered 101.123 (2) (d) 4.and
10amended to read:
AB414-SSA2,7,1411
101.123
(2) (d) 4.
Notwithstanding par. (a) and sub. (3), no person may smoke
12in A location that is 25 feet or less from a residence hall or dormitory that is owned
13or operated by the Board of Regents of the University of Wisconsin System
or in any
14location that is 25 feet or less from such a residence hall or dormitory.
AB414-SSA2, s. 32
15Section
32. 101.123 (2) (c) of the statutes is renumbered 101.123 (4m).
AB414-SSA2, s. 33
16Section
33. 101.123 (2) (d) (intro.) of the statutes is created to read:
AB414-SSA2,7,1817
101.123
(2) (d) (intro.) No person may smoke at any of the following outdoor
18locations:
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: