SB181-SSA1,4,32 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.

151.01 (12), centers for the developmentally disabled, as defined in s. 51.01 (3)
, Type
21 juvenile correctional facilities, as defined in s. 938.02 (19), or similar facilities
3including, by way of illustration but not of limitation, all of the following:
SB181-SSA1, s. 2 4Section 2. 101.123 (1) (a) of the statutes is renumbered 101.123 (1) (ae).
SB181-SSA1, s. 3 5Section 3. 101.123 (1) (ab) of the statutes is created to read:
SB181-SSA1,4,86 101.123 (1) (ab) "Assisted living facility" means a community-based
7residential facility, as defined in s. 50.01 (1g), a residential care apartment complex,
8as defined in s. 50.01 (1d), or an adult family home, as defined in s. 50.01 (1) (b).
SB181-SSA1, s. 4 9Section 4. 101.123 (1) (ac) of the statutes is created to read:
SB181-SSA1,4,1010 101.123 (1) (ac) "Correctional facility" means any of the following:
SB181-SSA1,4,1411 1. A state prison, as defined or named in s. 302.01, except a correctional
12institution under s. 301.046 (1) or 301.048 (4) (b) if the institution is the prisoner's
13place of residence and no one is employed there to ensure the prisoner's
14incarceration.
SB181-SSA1,4,1915 2. A juvenile detention facility, as defined in s. 938.02 (10r), or a juvenile
16correctional facility, as defined in s. 938.02 (10p), except a juvenile correctional
17facility authorized under s. 938.533 (3) (b), 938.538 (4) (b), or 938.539 (5) if the facility
18is a private residence in which the juvenile is placed and no one is employed there
19to ensure that the juvenile remains in custody.
SB181-SSA1,4,2220 3. A jail, as defined in s. 165.85 (2) (bg), a Huber facility under s. 303.09, a work
21camp under s. 303.10, a reforestation camp under s. 303.07, or a lockup facility under
22s. 302.30.
SB181-SSA1, s. 5 23Section 5. 101.123 (1) (aj) of the statutes is created to read:
SB181-SSA1,5,3
1101.123 (1) (aj) Notwithstanding s. 101.01 (5), "employment" means any trade,
2occupation, or process of manufacture or any method of carrying on such trade,
3occupation, or process of manufacture in which any person may be engaged.
SB181-SSA1, s. 6 4Section 6. 101.123 (1) (ak) of the statutes is created to read:
SB181-SSA1,5,65 101.123 (1) (ak) "Enclosed place" means a structure or area that has all of the
6following:
SB181-SSA1,5,77 1. A roof.
SB181-SSA1,5,88 2. More than two substantial walls.
SB181-SSA1, s. 7 9Section 7. 101.123 (1) (am) of the statutes is repealed.
SB181-SSA1, s. 8 10Section 8. 101.123 (1) (ar) of the statutes is amended to read:
SB181-SSA1,5,1511 101.123 (1) (ar) "Immediate vicinity of the state capitol" means the area
12directly adjacent to the state capitol building, as determined by rule of the
13department of administration. "Immediate vicinity of the state capitol" does not
14include any location that is more than one fathom six feet from the state capitol
15building.
SB181-SSA1, s. 9 16Section 9. 101.123 (1) (b) of the statutes is amended to read:
SB181-SSA1,5,2117 101.123 (1) (b) "Inpatient health care facility" means a hospital, as defined in
18s. 50.33 (2),
a county home established under s. 49.70, a county infirmary established
19under s. 49.72 or a community-based residential facility or, a nursing home licensed
20under s. 50.03
, as defined in s. 50.01 (3), a hospice, as defined in s. 50.90 (1), a
21Wisconsin veteran's home under s. 45.50, or a treatment facility
.
SB181-SSA1, s. 10 22Section 10. 101.123 (1) (bg) of the statutes is repealed.
SB181-SSA1, s. 11 23Section 11. 101.123 (1) (bm) of the statutes is repealed.
SB181-SSA1, s. 12 24Section 12. 101.123 (1) (bn) of the statutes is created to read:
SB181-SSA1,5,2525 101.123 (1) (bn) "Lodging establishment" means any of the following:
SB181-SSA1,5,26
11. A bed and breakfast establishment, as defined in s. 254.61 (1).
SB181-SSA1,6,22 2. A hotel, as defined in s. 254.61 (3).
SB181-SSA1,6,33 3. A tourist rooming house, as defined in s. 254.61 (6).
SB181-SSA1, s. 13 4Section 13. 101.123 (1) (br) of the statutes is repealed.
SB181-SSA1, s. 14 5Section 14. 101.123 (1) (c) of the statutes is repealed.
SB181-SSA1, s. 15 6Section 15. 101.123 (1) (d) of the statutes is amended to read:
SB181-SSA1,6,107 101.123 (1) (d) "Person in charge" means the person , or his or her agent, who
8ultimately controls, governs or directs the activities aboard a public conveyance or
9within a place
at a location where smoking is prohibited or regulated under this
10section, regardless of the person's status as owner or lessee.
SB181-SSA1, s. 16 11Section 16. 101.123 (1) (dg) of the statutes is repealed.
SB181-SSA1, s. 17 12Section 17. 101.123 (1) (dj) of the statutes is created to read:
SB181-SSA1,6,1713 101.123 (1) (dj) Notwithstanding s. 101.01 (11), "place of employment" means
14any enclosed place that employees normally frequent during the course of
15employment, including an office, a work area, an elevator, an employee lounge, a
16restroom, a conference room, a meeting room, a classroom, a hallway, a stairway, a
17lobby, a common area, a vehicle, or an employee cafeteria.
SB181-SSA1, s. 18 18Section 18. 101.123 (1) (dm) of the statutes is renumbered 77.51 (11m).
SB181-SSA1, s. 19 19Section 19. 101.123 (1) (dn) of the statutes is created to read:
SB181-SSA1,6,2220 101.123 (1) (dn) "Private club" means a facility used by an organization that
21limits its membership and is organized for a recreational, fraternal, social, patriotic,
22political, benevolent, or athletic purpose.
SB181-SSA1, s. 20 23Section 20. 101.123 (1) (e) of the statutes is amended to read:
SB181-SSA1,7,324 101.123 (1) (e) "Public conveyance" means a mass transit vehicles vehicle as
25defined by in s. 340.01 (28m) and, a school buses bus as defined by in s. 340.01 (56),

1or any other device by which persons are transported, for hire, on a highway or by
2rail, water, air, or guidewire within this state, but does not include such a device
3while providing transportation in interstate commerce
.
SB181-SSA1, s. 21 4Section 21. 101.123 (1) (eg) of the statutes is created to read:
SB181-SSA1,7,75 101.123 (1) (eg) "Public place" means any enclosed place that is open to the
6public, regardless of whether a fee is charged or a place to which the public has lawful
7access or may be invited.
SB181-SSA1, s. 22 8Section 22. 101.123 (1) (f) of the statutes is amended to read:
SB181-SSA1,7,109 101.123 (1) (f) "Restaurant" means an establishment as defined in s. 254.61 (5)
10with a seating capacity of more than 50 persons.
SB181-SSA1, s. 23 11Section 23. 101.123 (1) (g) of the statutes is amended to read:
SB181-SSA1,7,1512 101.123 (1) (g) "Retail establishment" means any store or shop in which retail
13sales is the principal business conducted, except a tavern operating under a "Class
14B" intoxicating liquor license or Class "B" fermented malt beverages license, and

15except bowling centers.
SB181-SSA1, s. 24 16Section 24. 101.123 (1) (gg) of the statutes is created to read:
SB181-SSA1,7,2017 101.123 (1) (gg) "Retail tobacco store" means a retail establishment that does
18not have a "Class B" intoxicating liquor license or a Class "B" fermented malt
19beverages license and that generates 75 percent or more of its gross annual income
20from the retail sale of tobacco products and accessories.
SB181-SSA1, s. 25 21Section 25. 101.123 (1) (gm) of the statutes is repealed.
SB181-SSA1, s. 26 22Section 26. 101.123 (1) (h) of the statutes is renumbered 101.123 (1) (h) (intro.)
23and amended to read:
SB181-SSA1,7,2524 101.123 (1) (h) (intro.) "Smoking" means carrying a lighted burning or holding,
25or inhaling or exhaling smoke from, any of the following items containing tobacco:
SB181-SSA1,7,26
11. A lighted cigar,.
SB181-SSA1,8,2 22. A lighted cigarette,.
SB181-SSA1,8,3 33. A lighted pipe or any.
SB181-SSA1,8,4 44. Any other lighted smoking equipment.
SB181-SSA1, s. 27 5Section 27. 101.123 (1) (hm) of the statutes is created to read:
SB181-SSA1,8,86 101.123 (1) (hm) "Sports arena" means any stadium, pavilion, gymnasium,
7swimming pool, skating rink, bowling center, or other building where spectator
8sporting events are held.
SB181-SSA1, s. 28 9Section 28. 101.123 (1) (i) of the statutes is amended to read:
SB181-SSA1,8,1310 101.123 (1) (i) "State institution" means a prison, a mental health institute,
11as defined in s. 51.01 (12) or, a center for the developmentally disabled, as defined
12in s. 51.01 (3), or a secure mental health facility at which persons are committed
13under s. 980.06
.
SB181-SSA1, s. 29 14Section 29. 101.123 (1) (id) of the statutes is created to read:
SB181-SSA1,8,1715 101.123 (1) (id) "Substantial wall" means a wall with an opening that may be
16used to allow air in from the outside that is less than 25 percent of the wall's surface
17area.
SB181-SSA1, s. 30 18Section 30. 101.123 (1) (im) of the statutes is created to read:
SB181-SSA1,8,2119 101.123 (1) (im) "Tavern" means an establishment, other than a restaurant,
20that holds a "Class B" intoxicating liquor license or Class "B" fermented malt
21beverages license.
SB181-SSA1, s. 31 22Section 31. 101.123 (1) (in) of the statutes is created to read:
SB181-SSA1,8,2523 101.123 (1) (in) "Tobacco bar" means a tavern that generates 15 percent or more
24of its annual gross income from the sale on the tavern premises, other than from a
25vending machine, of cigars and tobacco for pipes.
SB181-SSA1, s. 32
1Section 32. 101.123 (1) (io) of the statutes is created to read:
SB181-SSA1,9,32 101.123 (1) (io) "Tobacco product" means any form of tobacco prepared in a
3manner suitable for smoking but not including a cigarette.
SB181-SSA1, s. 33 4Section 33. 101.123 (1) (ip) of the statutes is created to read:
SB181-SSA1,9,75 101.123 (1) (ip) "Treatment facility" means a publicly or privately operated
6inpatient facility that provides treatment of alcoholic, drug dependent, mentally ill,
7or developmentally disabled persons.
SB181-SSA1, s. 34 8Section 34. 101.123 (2) (title) of the statutes is repealed and recreated to read:
SB181-SSA1,9,99 101.123 (2) (title) Prohibition against smoking.
SB181-SSA1, s. 35 10Section 35. 101.123 (2) (a) (intro.) of the statutes is amended to read:
SB181-SSA1,9,1211 101.123 (2) (a) (intro.) Except as provided in sub. (3), no person may smoke in
12any of the following enclosed places:
SB181-SSA1, s. 36 13Section 36. 101.123 (2) (a) 1. of the statutes is repealed.
SB181-SSA1, s. 37 14Section 37. 101.123 (2) (a) 1g. of the statutes is created to read:
SB181-SSA1,9,1515 101.123 (2) (a) 1g. The state capitol.
SB181-SSA1, s. 38 16Section 38. 101.123 (2) (a) 1m. of the statutes is created to read:
SB181-SSA1,9,1817 101.123 (2) (a) 1m. Residence halls or dormitories owned or operated by a
18college or university.
SB181-SSA1, s. 39 19Section 39. 101.123 (2) (a) 1r. of the statutes is created to read:
SB181-SSA1,9,2020 101.123 (2) (a) 1r. Day care centers.
SB181-SSA1, s. 40 21Section 40. 101.123 (2) (a) 4. of the statutes is repealed and recreated to read:
SB181-SSA1,9,2222 101.123 (2) (a) 4. Theaters.
SB181-SSA1, s. 41 23Section 41. 101.123 (2) (a) 5. of the statutes is repealed.
SB181-SSA1, s. 42 24Section 42. 101.123 (2) (a) 5m. of the statutes is created to read:
SB181-SSA1,9,2525 101.123 (2) (a) 5m. Correctional facilities.
SB181-SSA1, s. 43
1Section 43. 101.123 (2) (a) 5t. of the statutes is created to read:
SB181-SSA1,10,22 101.123 (2) (a) 5t. State institutions.
SB181-SSA1, s. 44 3Section 44. 101.123 (2) (a) 6. of the statutes is repealed.
SB181-SSA1, s. 45 4Section 45. 101.123 (2) (a) 7m. of the statutes is created to read:
SB181-SSA1,10,55 101.123 (2) (a) 7m. Taverns.
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