AB834: Bill Text

LRB-3791/3

MGG:kjf&bk:rs

2007 - 2008 LEGISLATURE

2007 Assembly BILL 834

February 21, 2008 - Introduced by Representatives Wieckert, Richards, Seidel, Black, Boyle, Moulton, A. Ott, Parisi, Gottlieb, Soletski, Hilgenberg, Berceau, Wasserman, Steinbrink, Pope-Roberts and Benedict, cosponsored by Senators Risser, Roessler, Ellis, Robson, Darling and Coggs. Referred to Committee on Public Health.

AB834,2,5 An Act to repeal 101.123 (1) (br), 101.123 (1) (c), 101.123 (1) (dg), 101.123 (1) (j), 101.123 (2) (a) 5., 101.123 (2) (am), 101.123 (2) (b), 101.123 (3) (a) to (gr), 101.123 (4), 101.123 (5), 101.123 (8) (b) and 101.123 (8) (c); to renumber 101.123 (1) (a), 101.123 (1) (dm) and 101.123 (2) (c); to renumber and amend 101.123 (1) (e), 101.123 (1) (h), 101.123 (2) (a) 10., 101.123 (2) (ar), 101.123 (2) (bm), 101.123 (2) (br) and 101.123 (2) (bv); to amend 77.52 (2) (ag) 39. (intro.), 101.123 (1) (am), 101.123 (1) (b), 101.123 (1) (d), 101.123 (1) (f), 101.123 (1) (g), 101.123 (1) (i), 101.123 (2) (a) (intro.), 101.123 (3) (intro.), 101.123 (6), 101.123 (7), 101.123 (8) (a), 165.60, 165.755 (1) (b), 302.46 (1) (a), 460.01 (5), 757.05 (1) (a) and 814.63 (1) (c); to repeal and recreate 101.123 (2) (title), 101.123 (2) (a) 1., 101.123 (2) (a) 4., 101.123 (2) (a) 6. and 101.123 (2) (a) 9.; and to create 101.123 (1) (ac), 101.123 (1) (aj), 101.123 (1) (bn), 101.123 (1) (dj), 101.123 (1) (h) 2., 101.123 (1) (im), 101.123 (2) (a) 2m., 101.123 (2) (a) 2r., 101.123 (2) (a) 5m., 101.123 (2) (a) 5t., 101.123 (2) (a) 7m., 101.123 (2) (a) 8g., 101.123 (2) (d) (intro.), 101.123 (2m), 101.123 (3) (h), 101.123 (3) (i), 101.123 (3) (j), 101.123 (3) (k), 101.123 (3) (ks), 101.123 (3m), 101.123 (3r), 101.123 (4m) (title), 101.123 (8) (d) and 101.123 (8) (e) of the statutes; relating to: prohibiting smoking in places of employment, restaurants, taverns, and other indoor areas and providing a penalty.

Analysis by the Legislative Reference Bureau

Prohibition against smoking

Current law prohibits smoking in most indoor areas that are accessible to the public unless there has been a specific area that has been designated a smoking area. Under this bill, designated smoking areas may no longer be permitted in any public place or place of employment with exceptions for private residences, designated rooms in lodging establishments, certain retail establishments selling tobacco, and certain retirement homes. The bill defines "a place of employment" to be any indoor area that employees normally frequent during the course of employment such as an office, a work area, an employee lounge, a restroom, a conference room, a meeting room, a classroom, or a hallway. Other locations where smoking areas may no longer be permitted under the bill, regardless of whether they meet the definition of "place of employment," include the following:

1. Mass transit vehicles and school buses.

2. Schools and other educational facilities.

3. Residence halls and dormitories of colleges and universities.

4. Day care centers.

5. Inpatient health care facilities, such as community-based residential facilities and nursing homes.

6. Prisons, jails, and juvenile correctional facilities.

7. Mental health institutions and hospitals where the primary purpose is the treatment of mental illness, alcoholism, or drug abuse.

8. Centers for the developmentally disabled.

9. Restaurants and taverns, as described below.

10. Retail establishments.

11. Public waiting rooms.

12. 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 bill 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 bill 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 beverages license, issued by a municipality (liquor license). This bill prohibits smoking in any tavern.

Enforcement

This bill requires that persons in charge of places where smoking is prohibited enforce the prohibitions by taking certain steps to ensure compliance, such as asking the person to leave or refusing to serve the person if the place is a restaurant or tavern. This bill imposes forfeitures on persons in charge who fail to take these measures.

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:

AB834, s. 1 Section 1. 77.52 (2) (ag) 39. (intro.) of the statutes is amended to read:

AB834,3,8 77.52 (2) (ag) 39. (intro.) Equipment in offices, business facilities, schools, and hospitals but not in residential facilities including personal residences, apartments, long-term care facilities, as defined under s. 16.009 (1) (em), state institutions, as defined under s. 101.123 (1) (i), prisons, mental health institutes, as defined in s. 51.01 (12), centers for the developmentally disabled, as defined in s. 51.01 (3), Type 1 secured juvenile correctional facilities, as defined in s. 938.02 (19), or similar facilities including, by way of illustration but not of limitation, all of the following:

AB834, s. 2 Section 2. 101.123 (1) (a) of the statutes is renumbered 101.123 (1) (ag).

AB834, s. 3 Section 3. 101.123 (1) (ac) of the statutes is created to read:

AB834,4,2 101.123 (1) (ac) "Correctional facility" means any prison, juvenile correctional facility, or any other correctional facility that is used to incarcerate persons convicted of crimes or adjudged delinquent but does not include a facility that is the private residence of the incarcerated person at which no one is employed to insure the person's incarceration.

AB834, s. 4 Section 4. 101.123 (1) (aj) of the statutes is created to read:

AB834,4,6 101.123 (1) (aj) Notwithstanding s. 101.01 (5), "employment" means any trade, occupation, or process of manufacture or any method of carrying on such trade, occupation, or process of manufacture in which any person may be engaged.

AB834, s. 5 Section 5. 101.123 (1) (am) of the statutes is amended to read:

AB834,4,11 101.123 (1) (am) "Hospital" has the meaning given in s. 50.33 (2), except that "hospital" does not include a nursing home licensed under s. 50.03 that is operated in connection with a hospital or a retirement home that is operated in connection with a hospital.

AB834, s. 6 Section 6. 101.123 (1) (b) of the statutes is amended to read:

AB834,4,15 101.123 (1) (b) "Inpatient health care facility" means a hospital, a county home established under s. 49.70, a county infirmary established under s. 49.72 or, a community-based residential facility or a nursing home licensed under s. 50.03.

AB834, s. 7 Section 7. 101.123 (1) (bn) of the statutes is created to read:

AB834,4,17 101.123 (1) (bn) "Lodging establishment" means any of the following:

AB834,4,18 1. A bed and breakfast establishment, as defined in s. 254.61 (1).

AB834,4,19 2. A hotel, as defined in s. 254.61 (3).

AB834,4,20 3. A tourist rooming house, as defined in s. 254.61 (6).

AB834, s. 8 Section 8. 101.123 (1) (br) of the statutes is repealed.

AB834, s. 9 Section 9. 101.123 (1) (c) of the statutes is repealed.

AB834, s. 10 Section 10. 101.123 (1) (d) of the statutes is amended to read:

AB834,5,2 101.123 (1) (d) "Person in charge" means the person , or his or her agent, who ultimately controls, governs or directs the activities aboard a public conveyance or within a place at a location where smoking is prohibited or regulated under this section, regardless of the person's status as owner or lessee.

AB834, s. 11 Section 11. 101.123 (1) (dg) of the statutes is repealed.

AB834, s. 12 Section 12. 101.123 (1) (dj) of the statutes is created to read:

AB834,5,9 101.123 (1) (dj) Notwithstanding s. 101.01 (11), "place of employment" means any indoor area that employees normally frequent during the course of employment, including an office, a work area, an employee lounge, a restroom, a conference room, a meeting room, a classroom, a hallway, a stairway, a vehicle, or a cafeteria that is provided by the employer.

AB834, s. 13 Section 13. 101.123 (1) (dm) of the statutes is renumbered 77.51 (11m)

AB834, s. 14 Section 14. 101.123 (1) (e) of the statutes is renumbered 101.123 (1) (cm) and amended to read:

AB834,5,15 101.123 (1) (cm) "Public conveyance" "Passenger vehicle" means a mass transit vehicles vehicle as defined by in s. 340.01 (28m), a motor bus as defined in s. 340.01 (31), and a school buses bus as defined by in s. 340.01 (56).

AB834, s. 15 Section 15. 101.123 (1) (f) of the statutes is amended to read:

AB834,5,18 101.123 (1) (f) "Restaurant" means an establishment as defined in s. 254.61 (5) with a seating capacity of more than 50 persons.

AB834, s. 16 Section 16. 101.123 (1) (g) of the statutes is amended to read:

AB834,5,22 101.123 (1) (g) "Retail establishment" means any store or shop in which retail sales is the principal business conducted, except a tavern operating under a "Class B" intoxicating liquor license or Class "B" fermented malt beverages license.

AB834, s. 17 Section 17. 101.123 (1) (h) of the statutes is renumbered 101.123 (1) (h) (intro.) and amended to read:

AB834,5,25 101.123 (1) (h) (intro.) "Smoking" means carrying any of the following:

AB834,6,2 1. Burning or holding a lighted cigar, cigarette, pipe, or any other lighted smoking equipment.

AB834, s. 18 Section 18. 101.123 (1) (h) 2. of the statutes is created to read:

AB834,6,5 101.123 (1) (h) 2. Inhaling or exhaling smoke from a lighted cigar, cigarette, pipe, or other lighted smoking equipment.

AB834, s. 19 Section 19. 101.123 (1) (i) of the statutes is amended to read:

AB834,6,9 101.123 (1) (i) "State institution" means a prison, a mental health institute as defined in s. 51.01 (12) or a center for the developmentally disabled as defined in s. 51.01 (3).

AB834, s. 20 Section 20. 101.123 (1) (im) of the statutes is created to read:

AB834,6,13 101.123 (1) (im) "Tavern" means an establishment, other than a restaurant, that holds a "Class B" intoxicating liquor license or Class "B" fermented malt beverages license.