SB150,6,1412
101.123
(1) (im) "Tavern" means an establishment, other than a restaurant,
13that holds a "Class B" intoxicating liquor license or Class "B" fermented malt
14beverages license.
SB150, s. 21
15Section
21. 101.123 (1) (j) of the statutes is repealed.
SB150, s. 22
16Section
22. 101.123 (2) (title) of the statutes is repealed and recreated to read:
SB150,6,1717
101.123
(2) (title)
Prohibition against smoking.
SB150, s. 23
18Section
23. 101.123 (2) (a) (intro.) of the statutes is amended to read:
SB150,6,2019
101.123
(2) (a) (intro.) Except as provided in sub. (3), no person may smoke in
20any of the following
indoor places:
SB150, s. 24
21Section
24. 101.123 (2) (a) 1. of the statutes is repealed and recreated to read:
SB150,6,2222
101.123
(2) (a) 1. Passenger vehicles.
SB150, s. 25
23Section
25. 101.123 (2) (a) 2m. of the statutes is created to read:
SB150,6,2424
101.123
(2) (a) 2m. Residence halls or dormitories of universities or colleges.
SB150, s. 26
25Section
26. 101.123 (2) (a) 2r. of the statutes is created to read:
SB150,7,1
1101.123
(2) (a) 2r. Day care centers.
SB150, s. 27
2Section
27. 101.123 (2) (a) 4. of the statutes is repealed and recreated to read:
SB150,7,33
101.123
(2) (a) 4. Theaters.
SB150, s. 28
4Section
28. 101.123 (2) (a) 5. of the statutes is repealed.
SB150, s. 29
5Section
29. 101.123 (2) (a) 5m. of the statutes is created to read:
SB150,7,66
101.123
(2) (a) 5m. Lockup facilities, jails, or correctional facilities.
SB150, s. 30
7Section
30. 101.123 (2) (a) 5t. of the statutes is created to read:
SB150,7,88
101.123
(2) (a) 5t. State institutions.
SB150, s. 31
9Section
31. 101.123 (2) (a) 6. of the statutes is repealed and recreated to read:
SB150,7,1010
101.123
(2) (a) 6. Elevators.
SB150, s. 32
11Section
32. 101.123 (2) (a) 7m. of the statutes is created to read:
SB150,7,1212
101.123
(2) (a) 7m. Taverns.
SB150, s. 33
13Section
33. 101.123 (2) (a) 8g. of the statutes is created to read:
SB150,7,1414
101.123
(2) (a) 8g. Lodging establishments except as provided in sub. (3m).
SB150, s. 34
15Section
34. 101.123 (2) (a) 9. of the statutes is repealed and recreated to read:
SB150,7,1816
101.123
(2) (a) 9. Any indoor place, other than the places listed in subd. 1. to
178r., that is a place of employment or that is open to the public or to which members
18of the public may be invited or have lawful access.
SB150, s. 35
19Section
35. 101.123 (2) (a) 10. of the statutes is renumbered 101.123 (2) (a) 8r.
20and amended to read:
SB150,7,2221
101.123
(2) (a) 8r.
Any enclosed, indoor area of a state, State, county, city,
22village
, or and town
building buildings.
SB150, s. 36
23Section
36. 101.123 (2) (am) of the statutes is repealed.
SB150, s. 37
24Section
37. 101.123 (2) (ar) of the statutes is renumbered 101.123 (2) (d) 1. and
25amended to read:
SB150,8,2
1101.123
(2) (d) 1.
Notwithstanding par. (a) and sub. (3), no person may smoke
2in the state capitol building or in In the immediate vicinity of the state capitol.
SB150, s. 38
3Section
38. 101.123 (2) (b) of the statutes is repealed.
SB150, s. 39
4Section
39. 101.123 (2) (bm) of the statutes is renumbered 101.123 (2) (d) 2.
5and amended to read:
SB150,8,86
101.123
(2) (d) 2.
Notwithstanding par. (a) and sub. (3), no person may smoke 7Outside on the premises
, indoors or outdoors, of a day care center when children who
8are receiving day care services are present.
SB150, s. 40
9Section
40. 101.123 (2) (br) of the statutes is renumbered 101.123 (2) (d) 3. and
10amended to read:
SB150,8,1311
101.123
(2) (d) 3.
Notwithstanding par. (a) and sub. (3), no person may smoke
12in any enclosed, indoor area of a Type 1 juvenile correctional facility or on On the
13grounds of a Type 1 juvenile correctional facility
, as defined in s. 938.02 (19).
SB150, s. 41
14Section
41. 101.123 (2) (bv) of the statutes is renumbered 101.123 (2) (d) 4. and
15amended to read:
SB150,8,1916
101.123
(2) (d) 4.
Notwithstanding par. (a) and sub. (3), no person may smoke
17in A location that is 25 feet or less from a residence hall or dormitory that is owned
18or operated by the Board of Regents of the University of Wisconsin System
or in any
19location that is 25 feet or less from such a residence hall or dormitory.
SB150, s. 42
20Section
42. 101.123 (2) (c) of the statutes is renumbered 101.123 (4m).
SB150, s. 43
21Section
43. 101.123 (2) (d) (intro.) of the statutes is created to read:
SB150,8,2322
101.123
(2) (d) (intro.) No person may smoke at any of the following outdoor
23locations:
SB150, s. 44
24Section
44. 101.123 (2m) of the statutes is created to read:
SB150,9,3
1101.123
(2m) Responsibility of persons in charge. (a) No person in charge
2may allow any person to smoke in violation of sub. (2) at a location that is under the
3control or direction of the person in charge.
SB150,9,54
(b) No person in charge may provide matches, ashtrays, or other equipment for
5smoking at the location where smoking is prohibited.
SB150,9,76
(c) A person in charge shall make reasonable efforts to prohibit persons from
7smoking at a location where smoking is prohibited by doing all of the following:
SB150,9,98
1. Posting signs setting forth the prohibition and providing other appropriate
9notification and information concerning the prohibition.
SB150,9,1010
2. Refusing to serve a person, if the person is smoking in a restaurant or tavern.
SB150,9,1211
3. Asking a person who is smoking to refrain from smoking and, if the person
12refuses to do so, asking the person to leave the location.
SB150,9,1513
(d) If a person refuses to leave a location after being requested to do so as
14provided in par. (c) 3., the person in charge shall immediately notify an appropriate
15law enforcement agency of the violation.
SB150,9,1816
(e) A person in charge may take measures in addition to those listed in par. (b)
17and (c) to prevent persons from being exposed to others who are smoking or to further
18ensure compliance with this section.
SB150, s. 45
19Section
45. 101.123 (3) (intro.) of the statutes is amended to read:
SB150,9,2120
101.123
(3) Exceptions. (intro.) The
regulation of prohibition against smoking
21in sub. (2) (a) does not apply to the following places:
SB150, s. 46
22Section
46. 101.123 (3) (a) to (gr) of the statutes are repealed.
SB150, s. 47
23Section
47. 101.123 (3) (h) of the statutes is created to read:
SB150,9,2424
101.123
(3) (h) A private residence.
SB150, s. 48
25Section
48. 101.123 (3) (i) of the statutes is created to read:
SB150,10,2
1101.123
(3) (i) A room used by a person in a retirement home as his or her
2residence.
SB150, s. 49
3Section
49. 101.123 (3) (j) of the statutes is created to read:
SB150,10,74
101.123
(3) (j) A room in a retirement home in which 2 or more persons reside
5if every person that lives in that room smokes and each of those persons has made
6a written request to the person in charge of the retirement home to be placed in a
7room where smoking is allowed.
SB150, s. 50
8Section
50. 101.123 (3) (k) of the statutes is created to read:
SB150,10,109
101.123
(3) (k) A room in a lodging establishment that has been designated as
10a room where smoking is allowed, as provided under sub. (3m).
SB150, s. 51
11Section
51. 101.123 (3m) of the statutes is created to read:
SB150,10,1412
101.123
(3m) Lodging. The owner of a lodging establishment may designate
13not more than 25 percent of the guest rooms in the lodging establishment as guest
14rooms in which smoking is permitted.
SB150, s. 52
15Section
52. 101.123 (4) of the statutes is repealed.
SB150, s. 53
16Section
53. 101.123 (4m) (title) of the statutes is created to read:
SB150,10,1717
101.123
(4m) (title)
Local regulation.
SB150, s. 54
18Section
54. 101.123 (5) of the statutes is repealed.
SB150, s. 55
19Section
55. 101.123 (6) (title) of the statutes is repealed.
SB150, s. 56
20Section
56. 101.123 (6) of the statutes is amended to read:
SB150,10,2421
101.123
(6) Uniform signs. The department shall, by rule, specify uniform
22dimensions and other characteristics of
the signs
used to designate smoking areas 23required under sub. (2m). These rules may not require the use of signs that are more
24expensive than is necessary to accomplish their purpose.
SB150, s. 57
25Section
57. 101.123 (7) of the statutes is amended to read:
SB150,11,3
1101.123
(7) Signs for state agencies. The department shall arrange with the
2department of administration to have
the signs prepared and made available to state
3agencies for use in state facilities
that set forth the prohibition against smoking.
SB150, s. 58
4Section
58. 101.123 (8) (a) of the statutes is amended to read:
SB150,11,85
101.123
(8) (a) Any person who
willfully violates sub. (2)
(a), (am) 1., (bm), (br),
6or (bv) after being advised by an employee of the facility that smoking in the area is
7prohibited or any person in charge or his or her agent who willfully fails to comply
8with sub. (5) shall forfeit
not less than $10 and not more than
$10 $100 per violation.
SB150, s. 59
9Section
59. 101.123 (8) (b) of the statutes is repealed.
SB150, s. 60
10Section
60. 101.123 (8) (c) of the statutes is repealed.
SB150, s. 61
11Section
61. 101.123 (8) (d) of the statutes is created to read:
SB150,11,1312
101.123
(8) (d) Any person in charge who violates sub. (2m) shall be subject to
13a forfeiture as follows:
SB150,11,1414
1. Not less than $50 nor more than $100 for the first violation.
SB150,11,1515
2. Not less than $100 nor more than $200 for the 2nd violation.
SB150,11,1716
3. Not less than $200 nor more than $500 for the 3rd or any subsequent
17violation.
SB150, s. 62
18Section
62. 101.123 (8) (e) of the statutes is created to read:
SB150,11,1919
101.123
(8) (e) Each day that sub. (2m) is violated is a separate violation.
SB150, s. 63
20Section
63. 165.60 of the statutes is amended to read:
SB150,12,2
21165.60 Law enforcement. The department of justice is authorized to enforce
22ss. 101.123 (2),
(5), (2m), and (8), 944.30, 944.31, 944.33, 944.34, 945.02 (2), 945.03
23(1m), and 945.04 (1m) and ch. 108 and is invested with the powers conferred by law
24upon sheriffs and municipal police officers in the performance of those duties. This
25section does not deprive or relieve sheriffs, constables, and other local police officers
1of the power and duty to enforce those sections, and those officers shall likewise
2enforce those sections.
SB150, s. 64
3Section
64. 165.755 (1) (b) of the statutes is amended to read:
SB150,12,114
165.755
(1) (b) A court may not impose the crime laboratories and drug law
5enforcement surcharge under par. (a) for a violation of s. 101.123 (2)
(a), (am) 1., (ar),
6(bm), (br), or (bv) or (5) (b) or (2m), for a first violation of s. 23.33 (4c) (a) 2., 30.681
7(1) (b) 1., 346.63 (1) (b), or 350.101 (1) (b), if the person who committed the violation
8had a blood alcohol concentration of 0.08 or more but less than 0.1 at the time of the
9violation, or for a violation of a state law or municipal or county ordinance involving
10a nonmoving traffic violation, a violation under s. 343.51 (1m) (b), or a safety belt use
11violation under s. 347.48 (2m).
SB150, s. 65
12Section
65. 302.46 (1) (a) of the statutes is amended to read: