LRB-2796/1
MGG:wlj:jf
2005 - 2006 LEGISLATURE
May 5, 2005 - Introduced by Senators Darling, Roessler and Risser, cosponsored
by Representatives Gottlieb, Lehman, Wasserman, Underheim, Bies, Black,
Boyle, Gielow, Hines, Ott and Parisi. Referred to Committee on Health,
Children, Families, Aging and Long Term Care.
SB199,1,12
1An Act to repeal 101.123 (1) (br), 101.123 (1) (c), 101.123 (3) (b), 101.123 (3) (f),
2101.123 (4) (a) 1. and 101.123 (4) (a) 3.;
to renumber 101.123 (1) (a) and 101.123
3(4) (am) 3.;
to renumber and amend 101.123 (1) (e), 101.123 (4) (a) 2., 101.123
4(4) (am) 1. and 101.123 (4) (am) 2.;
to consolidate, renumber and amend
5101.123 (4) (b) and (bm);
to amend 101.123 (1) (ar), 101.123 (1) (d), 101.123 (1)
6(f), 101.123 (1) (g), 101.123 (2) (am) 1., 101.123 (2) (am) 2., 101.123 (3) (intro.),
7101.123 (3) (d), 101.123 (4) (c) and 101.123 (4) (d);
to repeal and recreate
8101.123 (2) (a) 1. and 101.123 (2) (a) 5.; and
to create 101.123 (1) (ac), 101.123
9(1) (dj) and 101.123 (4) (aw) of the statutes;
relating to: indoor places where
10smoking is prohibited, designating smoking areas in indoor places where
11smoking is generally prohibited, and smoking outside the state capitol
12building.
Analysis by the Legislative Reference Bureau
Current law prohibits smoking in most enclosed, indoor locations that are
accessible to the public unless there has been a specific area that has been designated
a smoking area. This bill limits the areas where any smoking areas may be
designated to hospitals where the primary purpose is for treatment of mental illness,
alcoholism, or drug abuse; mental health institutions; centers for the
developmentally disabled; prisons; and jails. The locations where smoking areas
may no longer be designated under the bill include the following:
1. Mass transit vehicles and school buses.
2. Schools and other educational facilities.
3. Inpatient health care facilities such as community-based residential
facilities and licensed nursing homes.
4. Movie theaters.
5. Offices and other places of employment, as described below.
6. Restaurants that have seating capacities of more than 50 persons, except as
described below.
7. Retail establishments.
8. Public waiting rooms.
9. County, city, village, state, and town buildings.
Current law provides exceptions from the prohibition against smoking 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 bill
eliminates these exceptions. This bill also expands the concept of "offices" under
current law to include any place of employment. The bill defines "a place of
employment" to be any indoor area that employees normally frequent during the
course of employment such as a work area, an employee lounge, a restroom, a
conference room, a meeting room, a classroom, or a hallway. The definition excludes
any private residence unless it is an adult day care center.
Current law allows smoking in any restaurant holding an intoxicating liquor
license or beer license issued by a municipality if the sale of alcoholic beverages
subject to the license accounts for more than 50 percent of the restaurant's receipts.
The bill increases this percentage to 75 percent and applies this provision to all
businesses operating under one of these licenses.
Current law also allows smoking in any bowling center and any restaurant that
has seating for a maximum of 50 persons. This bill eliminates the capacity
requirements for restaurants and prohibits smoking in bowling centers.
Current law prohibits any person from smoking at an outside location that
within the immediate vicinity of the state capitol building. Current law defines
"immediate vicinity" for this purpose to be six feet. The bill changes this distance to
25 feet.
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:
SB199, s. 1
1Section
1. 101.123 (1) (a) of the statutes is renumbered 101.123 (1) (ag).
SB199, s. 2
1Section
2. 101.123 (1) (ac) of the statutes is created to read:
SB199,3,52
101.123
(1) (ac) "Adult day care center" means a facility in which services are
3provided for part of a day in a group setting to adults who need an enriched
4health-supportive or social experience and who may need assistance with activities
5of daily living, supervision, or protection.
SB199, s. 3
6Section
3. 101.123 (1) (ar) of the statutes is amended to read:
SB199,3,117
101.123
(1) (ar) "Immediate vicinity of the state capitol" means the area
8directly adjacent to the state capitol building, as determined by rule of the
9department of administration. "Immediate vicinity of the state capitol" does not
10include any location that is more than
one fathom
25 feet from the state capitol
11building.
SB199, s. 4
12Section
4. 101.123 (1) (br) of the statutes is repealed.
SB199, s. 5
13Section
5. 101.123 (1) (c) of the statutes is repealed.
SB199, s. 6
14Section
6. 101.123 (1) (d) of the statutes is amended to read:
SB199,3,1815
101.123
(1) (d) "Person in charge" means the person who ultimately controls,
16governs or directs the activities
aboard a public conveyance or within a place where
17smoking is regulated under this section, regardless of the person's status as owner
18or lessee.
SB199, s. 7
19Section
7. 101.123 (1) (dj) of the statutes is created to read:
SB199,3,2420
101.123
(1) (dj) "Place of employment" means any indoor area that employees
21normally frequent during the course of employment, including a work area, an
22employee lounge, a restroom, a conference room, a meeting room, a classroom, a
23hallway, a vehicle, and or a cafeteria that is provided by the employer. "Place of
24employment" does not include any of the following:
SB199,3,2525
1. A private residence unless it is used as an adult day care center.
SB199,4,3
12. A business operating under a "Class B" intoxicating liquor license or a Class
2"B" fermented malt beverage license if the sales of intoxicating liquors or fermented
3malt beverages or both accounts for more than 75 percent of the business's receipts.
SB199, s. 8
4Section
8. 101.123 (1) (e) of the statutes is renumbered 101.123 (1) (cm) and
5amended to read:
SB199,4,86
101.123
(1) (cm)
"Public conveyance" "Passenger vehicle" means
a mass transit
7vehicles vehicle as defined
by in s. 340.01 (28m)
, a motor bus as defined in s. 340.01
8(31), and
a school
buses bus as defined
by in s. 340.01 (56).
SB199, s. 9
9Section
9. 101.123 (1) (f) of the statutes is amended to read:
SB199,4,1110
101.123
(1) (f) "Restaurant" means an establishment
as defined in s. 254.61 (5)
11with a seating capacity of more than 50 persons.
SB199, s. 10
12Section
10. 101.123 (1) (g) of the statutes is amended to read:
SB199,4,1713
101.123
(1) (g) "Retail establishment" means any store or shop in which retail
14sales is the principal business conducted, except a
tavern business operating under
15a "Class B" intoxicating liquor license or Class "B" fermented malt beverages license
,
16and except bowling centers if the sales of intoxicating liquors or fermented malt
17beverages or both accounts for more than 75 percent of the business's receipts.
SB199, s. 11
18Section
11. 101.123 (2) (a) 1. of the statutes is repealed and recreated to read:
SB199,4,1919
101.123
(2) (a) 1. Passenger vehicles.
SB199, s. 12
20Section
12. 101.123 (2) (a) 5. of the statutes is repealed and recreated to read:
SB199,4,2121
101.123
(2) (a) 5. Places of employment.
SB199, s. 13
22Section
13. 101.123 (2) (am) 1. of the statutes is amended to read:
SB199,4,2423
101.123
(2) (am) 1. Notwithstanding par. (a) and sub. (3) and except as provided
24in subd. 2., no person may smoke
in a motor bus, in a hospital or in a physician's office.
SB199, s. 14
25Section
14. 101.123 (2) (am) 2. of the statutes is amended to read:
SB199,5,5
1101.123
(2) (am) 2. Notwithstanding subd. 1., a person who is an adult patient
2of a hospital or unit of a hospital that has as its primary purpose the care and
3treatment of mental illness, alcoholism or drug abuse and who has the written
4permission of a physician may smoke in a room that is designated as a smoking area
5under sub. (4) (a)
2.
SB199, s. 15
6Section
15. 101.123 (3) (intro.) of the statutes is amended to read:
SB199,5,87
101.123
(3) Exceptions. (intro.) The regulation of smoking in sub. (2) (a) does
8not apply to
any of the following places:
SB199, s. 16
9Section
16. 101.123 (3) (b) of the statutes is repealed.
SB199, s. 17
10Section
17. 101.123 (3) (d) of the statutes is amended to read:
SB199,5,1311
101.123
(3) (d) Restaurants holding a "Class B" intoxicating liquor or Class "B"
12fermented malt beverage license if the sale of intoxicating liquors or fermented malt
13beverages or both accounts for more than
50% 75 percent of the restaurant's receipts.
SB199, s. 18
14Section
18. 101.123 (3) (f) of the statutes is repealed.
SB199, s. 19
15Section
19. 101.123 (4) (a) 1. of the statutes is repealed.
SB199, s. 20
16Section
20. 101.123 (4) (a) 2. of the statutes is renumbered 101.123 (4) (a) and
17amended to read:
SB199,6,818
101.123
(4) (a)
Hospitals. A person in charge
of a hospital or his or her agent
19may
not designate
an entire building as a smoking area or designate any smoking
20areas in the state capitol building, in the immediate vicinity of the state capitol, in
21a Type 1 secured correctional facility, on the grounds of a Type 1 secured correctional
22facility, in a motor bus, hospital, or physician's office or on the premises, indoors or
23outdoors, of a day care center when children who are receiving day care services are
24present, in a residence hall or dormitory that is owned or operated by the Board of
25Regents of the University of Wisconsin System or in any location that is 25 feet or
1less from such a residence hall or dormitory, except that in a hospital or a unit of a
2hospital that has as its primary purpose the care and treatment of mental illness,
3alcoholism, or drug abuse
a person in charge or his or her agent may designate a
4portion of one or more enclosed rooms with outside ventilation
as smoking areas for
5the use of adult patients who have the written permission of a physician. Subject to
6this subdivision and sub. (3) (b), a person in charge or his or her agent may not
7designate an entire room as a smoking area for the purpose of allowing smoking as
8specified in sub. (2) (am) 2.
SB199, s. 21
9Section
21. 101.123 (4) (a) 3. of the statutes is repealed.
SB199, s. 22
10Section
22. 101.123 (4) (am) 1. of the statutes is renumbered 101.123 (4) (as)
11and amended to read:
SB199,6,1912
101.123
(4) (as)
State institutions. The secretary of health and family services
13or his or her
designee agent may designate areas where smoking is permitted in a
14state institution other than a prison
, unless a fire marshal, law or resolution
15prohibits smoking in the area. The secretary of corrections or his or her
designee 16agent may designate areas where smoking is permitted in a prison
, unless a fire
17marshal, law or resolution prohibits smoking in the area. Either secretary or his or
18her
designee agent may designate an entire room as a smoking area in a state
19institution administered by the secretary's department.
SB199, s. 23
20Section
23. 101.123 (4) (am) 2. of the statutes is renumbered 101.123 (4) (ar)
21and amended to read: