MGG:kjf&bk:rs
2007 - 2008 LEGISLATURE
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
1An Act to repeal 101.123 (1) (br), 101.123 (1) (c), 101.123 (1) (dg), 101.123 (1)
2(j), 101.123 (2) (a) 5., 101.123 (2) (am), 101.123 (2) (b), 101.123 (3) (a) to (gr),
3101.123 (4), 101.123 (5), 101.123 (8) (b) and 101.123 (8) (c);
to renumber
4101.123 (1) (a), 101.123 (1) (dm) and 101.123 (2) (c);
to renumber and amend
5101.123 (1) (e), 101.123 (1) (h), 101.123 (2) (a) 10., 101.123 (2) (ar), 101.123 (2)
6(bm), 101.123 (2) (br) and 101.123 (2) (bv);
to amend 77.52 (2) (ag) 39. (intro.),
7101.123 (1) (am), 101.123 (1) (b), 101.123 (1) (d), 101.123 (1) (f), 101.123 (1) (g),
8101.123 (1) (i), 101.123 (2) (a) (intro.), 101.123 (3) (intro.), 101.123 (6), 101.123
9(7), 101.123 (8) (a), 165.60, 165.755 (1) (b), 302.46 (1) (a), 460.01 (5), 757.05 (1)
10(a) and 814.63 (1) (c);
to repeal and recreate 101.123 (2) (title), 101.123 (2) (a)
111., 101.123 (2) (a) 4., 101.123 (2) (a) 6. and 101.123 (2) (a) 9.; and
to create
12101.123 (1) (ac), 101.123 (1) (aj), 101.123 (1) (bn), 101.123 (1) (dj), 101.123 (1)
13(h) 2., 101.123 (1) (im), 101.123 (2) (a) 2m., 101.123 (2) (a) 2r., 101.123 (2) (a) 5m.,
14101.123 (2) (a) 5t., 101.123 (2) (a) 7m., 101.123 (2) (a) 8g., 101.123 (2) (d) (intro.),
1101.123 (2m), 101.123 (3) (h), 101.123 (3) (i), 101.123 (3) (j), 101.123 (3) (k),
2101.123 (3) (ks), 101.123 (3m), 101.123 (3r), 101.123 (4m) (title), 101.123 (8) (d)
3and 101.123 (8) (e) of the statutes;
relating to: prohibiting smoking in places
4of employment, restaurants, taverns, and other indoor areas and providing a
5penalty.
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
1Section
1. 77.52 (2) (ag) 39. (intro.) of the statutes is amended to read:
AB834,3,82
77.52
(2) (ag) 39. (intro.) Equipment in offices, business facilities, schools, and
3hospitals but not in residential facilities including personal residences, apartments,
4long-term care facilities, as defined under s. 16.009 (1) (em),
state institutions, as
5defined under s. 101.123 (1) (i), prisons, mental health institutes, as defined in s.
651.01 (12), centers for the developmentally disabled, as defined in s. 51.01 (3), Type
71
secured juvenile correctional facilities, as defined in s. 938.02 (19), or similar
8facilities including, by way of illustration but not of limitation, all of the following:
AB834, s. 2
9Section
2. 101.123 (1) (a) of the statutes is renumbered 101.123 (1) (ag).
AB834, s. 3
10Section
3. 101.123 (1) (ac) of the statutes is created to read:
AB834,4,211
101.123
(1) (ac) "Correctional facility" means any prison, juvenile correctional
12facility, or any other correctional facility that is used to incarcerate persons convicted
13of crimes or adjudged delinquent but does not include a facility that is the private
1residence of the incarcerated person at which no one is employed to insure the
2person's incarceration.
AB834, s. 4
3Section
4. 101.123 (1) (aj) of the statutes is created to read:
AB834,4,64
101.123
(1) (aj) Notwithstanding s. 101.01 (5), "employment" means any trade,
5occupation, or process of manufacture or any method of carrying on such trade,
6occupation, or process of manufacture in which any person may be engaged.
AB834, s. 5
7Section
5. 101.123 (1) (am) of the statutes is amended to read:
AB834,4,118
101.123
(1) (am) "Hospital" has the meaning given in s. 50.33 (2), except that
9"hospital" does not include a nursing home licensed under s. 50.03 that is operated
10in connection with a hospital
or a retirement home that is operated in connection
11with a hospital.
AB834, s. 6
12Section
6. 101.123 (1) (b) of the statutes is amended to read:
AB834,4,1513
101.123
(1) (b) "Inpatient health care facility" means
a hospital, a county home
14established under s. 49.70, a county infirmary established under s. 49.72
or, a
15community-based residential facility or a nursing home licensed under s. 50.03.
AB834, s. 7
16Section
7. 101.123 (1) (bn) of the statutes is created to read:
AB834,4,1717
101.123
(1) (bn) "Lodging establishment" means any of the following:
AB834,4,1818
1. A bed and breakfast establishment, as defined in s. 254.61 (1).
AB834,4,1919
2. A hotel, as defined in s. 254.61 (3).
AB834,4,2020
3. A tourist rooming house, as defined in s. 254.61 (6).
AB834, s. 8
21Section
8. 101.123 (1) (br) of the statutes is repealed.
AB834, s. 9
22Section
9. 101.123 (1) (c) of the statutes is repealed.
AB834, s. 10
23Section
10. 101.123 (1) (d) of the statutes is amended to read:
AB834,5,224
101.123
(1) (d) "Person in charge" means the person
, or his or her agent, who
25ultimately controls, governs or directs the activities
aboard a public conveyance or
1within a place at a location where smoking is
prohibited or regulated under this
2section
, regardless of the person's status as owner or lessee.
AB834, s. 11
3Section
11. 101.123 (1) (dg) of the statutes is repealed.
AB834, s. 12
4Section
12. 101.123 (1) (dj) of the statutes is created to read:
AB834,5,95
101.123
(1) (dj) Notwithstanding s. 101.01 (11), "place of employment" means
6any indoor area that employees normally frequent during the course of employment,
7including an office, a work area, an employee lounge, a restroom, a conference room,
8a meeting room, a classroom, a hallway, a stairway, a vehicle, or a cafeteria that is
9provided by the employer.
AB834, s. 13
10Section
13. 101.123 (1) (dm) of the statutes is renumbered 77.51 (11m)
AB834, s. 14
11Section
14. 101.123 (1) (e) of the statutes is renumbered 101.123 (1) (cm) and
12amended to read:
AB834,5,1513
101.123
(1) (cm)
"Public conveyance" "Passenger vehicle" means
a mass transit
14vehicles vehicle as defined
by in s. 340.01 (28m)
, a motor bus as defined in s. 340.01
15(31), and
a school
buses bus as defined
by in s. 340.01 (56).
AB834, s. 15
16Section
15. 101.123 (1) (f) of the statutes is amended to read:
AB834,5,1817
101.123
(1) (f) "Restaurant" means an establishment
as defined in s. 254.61 (5)
18with a seating capacity of more than 50 persons.
AB834, s. 16
19Section
16. 101.123 (1) (g) of the statutes is amended to read:
AB834,5,2220
101.123
(1) (g) "Retail establishment" means any store or shop in which retail
21sales is the principal business conducted
, except a tavern operating under a "Class
22B" intoxicating liquor license or Class "B" fermented malt beverages license.
AB834, s. 17
23Section
17. 101.123 (1) (h) of the statutes is renumbered 101.123 (1) (h) (intro.)
24and amended to read:
AB834,5,2525
101.123
(1) (h) (intro.) "Smoking" means
carrying any of the following:
AB834,6,2
11. Burning or holding a lighted cigar, cigarette, pipe
, or any other lighted
2smoking equipment.
AB834, s. 18
3Section
18. 101.123 (1) (h) 2. of the statutes is created to read:
AB834,6,54
101.123
(1) (h) 2. Inhaling or exhaling smoke from a lighted cigar, cigarette,
5pipe, or other lighted smoking equipment.
AB834, s. 19
6Section
19. 101.123 (1) (i) of the statutes is amended to read:
AB834,6,97
101.123
(1) (i) "State institution" means
a prison, a mental health institute as
8defined in s. 51.01 (12) or a center for the developmentally disabled as defined in s.
951.01 (3).
AB834, s. 20
10Section
20. 101.123 (1) (im) of the statutes is created to read:
AB834,6,1311
101.123
(1) (im) "Tavern" means an establishment, other than a restaurant,
12that holds a "Class B" intoxicating liquor license or Class "B" fermented malt
13beverages license.
AB834, s. 21
14Section
21. 101.123 (1) (j) of the statutes is repealed.
AB834, s. 22
15Section
22. 101.123 (2) (title) of the statutes is repealed and recreated to read:
AB834,6,1616
101.123
(2) (title)
Prohibition against smoking.
AB834, s. 23
17Section
23. 101.123 (2) (a) (intro.) of the statutes is amended to read:
AB834,6,1918
101.123
(2) (a) (intro.) Except as provided in sub. (3), no person may smoke in
19any of the following
indoor places:
AB834, s. 24
20Section
24. 101.123 (2) (a) 1. of the statutes is repealed and recreated to read:
AB834,6,2121
101.123
(2) (a) 1. Passenger vehicles.
AB834, s. 25
22Section
25. 101.123 (2) (a) 2m. of the statutes is created to read:
AB834,6,2323
101.123
(2) (a) 2m. Residence halls or dormitories of universities or colleges.
AB834, s. 26
24Section
26. 101.123 (2) (a) 2r. of the statutes is created to read:
AB834,6,2525
101.123
(2) (a) 2r. Day care centers.
AB834, s. 27
1Section
27. 101.123 (2) (a) 4. of the statutes is repealed and recreated to read:
AB834,7,22
101.123
(2) (a) 4. Theaters.