SB181-SSA1,11,53 101.123 (2) (d) 2. Notwithstanding par. (a) and sub. (3), no person may smoke
4on
Anywhere on the premises, indoors or outdoors, of a day care center when children
5who are receiving day care services are present.
SB181-SSA1, s. 55 6Section 55. 101.123 (2) (br) of the statutes is renumbered 101.123 (2) (d) 3. and
7amended to read:
SB181-SSA1,11,108 101.123 (2) (d) 3. Notwithstanding par. (a) and sub. (3), no person may smoke
9in any enclosed, indoor area of a Type 1 juvenile correctional facility or on
Anywhere
10on
the grounds of a Type 1 juvenile correctional facility.
SB181-SSA1, s. 56 11Section 56. 101.123 (2) (bv) of the statutes is renumbered 101.123 (2) (d) 4. and
12amended to read:
SB181-SSA1,11,1613 101.123 (2) (d) 4. Notwithstanding par. (a) and sub. (3), no person may smoke
14in
A location that is 25 feet or less from a residence hall or dormitory that is owned
15or operated by the Board of Regents of the University of Wisconsin System or in any
16location that is 25 feet or less from such a residence hall or dormitory
.
SB181-SSA1, s. 57 17Section 57. 101.123 (2) (c) of the statutes is renumbered 101.123 (4m) and
18amended to read:
SB181-SSA1,12,719 101.123 (4m) Local authority. This section does not limit the authority of any
20county, city, village or town to enact ordinances or of any school district to adopt
21policies that, complying with the purpose of this section, protect the health and
22comfort of the public. If a county, city, village. or town enacts an ordinance, or if a
23school district adopts a policy, regulating or prohibiting outside smoking in certain
24areas as authorized under this subsection, the ordinance may apply only to public
25property under the jurisdiction of the county, city, village, town, or school district.

1Such ordinance shall provide that the person in charge of a restaurant, tavern,
2private club, or retail establishment located in an area subject to the ordinance may
3designate an outside area that is a reasonable distance from any entrance to the
4restaurant, tavern, private club, or retail establishment where customers,
5employees, or persons associated with the restaurant, tavern, private club, or retail
6establishment may smoke. Such ordinance may not define the term "reasonable
7distance" or set any specified measured distance as being a "reasonable distance."
SB181-SSA1, s. 58 8Section 58. 101.123 (2) (d) (intro.) of the statutes is created to read:
SB181-SSA1,12,109 101.123 (2) (d) (intro.) No person may smoke at any of the following outdoor
10locations:
SB181-SSA1, s. 59 11Section 59. 101.123 (2) (e) of the statutes is created to read:
SB181-SSA1,12,1212 101.123 (2) (e) No person may smoke in any of the following:
SB181-SSA1,12,1313 1. A sports arena.
SB181-SSA1,12,1414 2. A bus shelter.
SB181-SSA1,12,1515 3. A public conveyance.
SB181-SSA1, s. 60 16Section 60. 101.123 (2m) of the statutes is created to read:
SB181-SSA1,12,1917 101.123 (2m) Responsibility of persons in charge. (a) No person in charge
18may allow any person to smoke in violation of sub. (2) at a location that is under the
19control or direction of the person in charge.
SB181-SSA1,12,2120 (b) A person in charge may not provide matches, ashtrays, or other equipment
21for smoking at the location where smoking is prohibited.
SB181-SSA1,12,2322 (c) A person in charge shall make reasonable efforts to prohibit persons from
23smoking at a location where smoking is prohibited by doing all of the following:
SB181-SSA1,12,2524 1. Posting signs setting forth the prohibition and providing other appropriate
25notification and information concerning the prohibition.
SB181-SSA1,13,2
12. Refusing to serve a person, if the person is smoking in a restaurant, tavern,
2or private club.
SB181-SSA1,13,43 3. Asking a person who is smoking to refrain from smoking and, if the person
4refuses to do so, asking the person to leave the location.
SB181-SSA1,13,75 (d) If a person refuses to leave a location after being requested to do so as
6provided in par. (c) 3., the person in charge shall immediately notify an appropriate
7law enforcement agency of the violation.
SB181-SSA1,13,108 (e) A person in charge may take measures in addition to those listed in pars.
9(b) and (c) to prevent persons from being exposed to others who are smoking or to
10further ensure compliance with this section.
SB181-SSA1, s. 61 11Section 61. 101.123 (3) (intro.) of the statutes is amended to read:
SB181-SSA1,13,1312 101.123 (3) Exceptions. (intro.) The regulation of prohibition against smoking
13in sub. (2) (a) does not apply to the following places:
SB181-SSA1, s. 62 14Section 62. 101.123 (3) (a) to (gr) of the statutes are repealed.
SB181-SSA1, s. 63 15Section 63. 101.123 (3) (h) of the statutes is created to read:
SB181-SSA1,13,1616 101.123 (3) (h) A private residence.
SB181-SSA1, s. 64 17Section 64. 101.123 (3) (i) of the statutes is created to read:
SB181-SSA1,13,1918 101.123 (3) (i) A room used by only one person in an assisted living facility as
19his or her residence.
SB181-SSA1, s. 65 20Section 65. 101.123 (3) (j) of the statutes is created to read:
SB181-SSA1,13,2421 101.123 (3) (j) A room in an assisted living facility in which 2 or more persons
22reside if every person who lives in that room smokes and each of those persons has
23made a written request to the person in charge of the assisted living facility to be
24placed in a room where smoking is allowed.
SB181-SSA1, s. 66 25Section 66. 101.123 (3) (L) and (m) of the statutes are created to read:
SB181-SSA1,14,3
1101.123 (3) (L) A retail tobacco store that is in existence on the day after
2publication of this act .... [LRB inserts date], and in which only the smoking of cigars
3and pipes is allowed.
SB181-SSA1,14,54 (m) A tobacco bar that is in existence on the day after publication of this act ....
5[LRB inserts date], and in which only the smoking of cigars and pipes is allowed.
SB181-SSA1, s. 67 6Section 67. 101.123 (4) of the statutes is repealed.
SB181-SSA1, s. 68 7Section 68. 101.123 (5) of the statutes is repealed.
SB181-SSA1, s. 69 8Section 69. 101.123 (6) of the statutes is amended to read:
SB181-SSA1,14,129 101.123 (6) Uniform signs. The department shall, by rule, specify uniform
10dimensions and other characteristics of the signs used to designate smoking areas
11required under sub. (2m). These rules may not require the use of signs that are more
12expensive than is necessary to accomplish their purpose.
SB181-SSA1, s. 70 13Section 70. 101.123 (7) of the statutes is amended to read:
SB181-SSA1,14,1614 101.123 (7) Signs for state agencies. The department shall arrange with the
15department of administration to have the signs prepared and made available to state
16agencies for use in state facilities that set forth the prohibition against smoking.
SB181-SSA1, s. 71 17Section 71. 101.123 (8) (a) of the statutes is repealed and recreated to read:
SB181-SSA1,14,1918 101.123 (8) (a) Any person who violates sub. (2) shall be subject to a forfeiture
19of not less than $100 nor more than $250 for each violation.
SB181-SSA1, s. 72 20Section 72. 101.123 (8) (b) of the statutes is repealed.
SB181-SSA1, s. 73 21Section 73. 101.123 (8) (c) of the statutes is repealed.
SB181-SSA1, s. 74 22Section 74. 101.123 (8) (d) of the statutes is created to read:
SB181-SSA1,14,2523 101.123 (8) (d) Except as provided in par. (dm) or (em), any person in charge
24who violates sub. (2m) (b) to (d) shall be subject to a forfeiture of $100 for each
25violation.
SB181-SSA1, s. 75
1Section 75. 101.123 (8) (dm) and (em) of the statutes are created to read:
SB181-SSA1,15,52 101.123 (8) (dm) For violations subject to the forfeiture under par. (d), if the
3person in charge has not previously received a warning notice for a violation of sub.
4(2m) (b) to (d), the law enforcement officer shall issue the person in charge a warning
5notice and may not issue a citation.
SB181-SSA1,15,76 (em) No person in charge may be required under par. (d) to forfeit more than
7$100 in total for all violations of sub. (2m) (b) to (d) occurring on a single day.
SB181-SSA1, s. 76 8Section 76. 125.12 (1) (c) of the statutes is amended to read:
SB181-SSA1,15,129 125.12 (1) (c) Neither a municipality nor the department may consider an
10arrest or conviction for a violation punishable under s. 101.123 (8) (d), 945.03 (2m),
11945.04 (2m), or 945.05 (1m) in any action to revoke, suspend, or refuse to renew a
12Class "B" or "Class B" license or permit.
SB181-SSA1, s. 77 13Section 77. 165.60 of the statutes is amended to read:
SB181-SSA1,15,20 14165.60 Law enforcement. The department of justice is authorized to enforce
15ss. 101.123 (2), (5), (2m), and (8), 944.30, 944.31, 944.33, 944.34, 945.02 (2), 945.03
16(1m), and 945.04 (1m) and ch. 108 and is invested with the powers conferred by law
17upon sheriffs and municipal police officers in the performance of those duties. This
18section does not deprive or relieve sheriffs, constables, and other local police officers
19of the power and duty to enforce those sections, and those officers shall likewise
20enforce those sections.
SB181-SSA1, s. 78 21Section 78. 165.755 (1) (b) of the statutes is amended to read:
SB181-SSA1,16,422 165.755 (1) (b) A court may not impose the crime laboratories and drug law
23enforcement surcharge under par. (a) for a violation of s. 101.123 (2) (a), (am) 1., (ar),
24(bm), (br), or (bv) or (5) (b)
or (2m), for a first violation of s. 23.33 (4c) (a) 2., 30.681
25(1) (b) 1., 346.63 (1) (b), or 350.101 (1) (b), if the person who committed the violation

1had a blood alcohol concentration of 0.08 or more but less than 0.1 at the time of the
2violation, or for a violation of a state law or municipal or county ordinance involving
3a nonmoving traffic violation, a violation under s. 343.51 (1m) (b), or a safety belt use
4violation under s. 347.48 (2m).
SB181-SSA1, s. 79 5Section 79. 302.46 (1) (a) of the statutes is amended to read:
SB181-SSA1,16,186 302.46 (1) (a) If a court imposes a fine or forfeiture for a violation of state law
7or for a violation of a municipal or county ordinance except for a violation of s. 101.123
8(2) (a), (am) 1., (ar), (bm), (br), or (bv) or (5) (2m), or for a first violation of s. 23.33 (4c)
9(a) 2., 30.681 (1) (b) 1., 346.63 (1) (b), or 350.101 (1) (b), if the person who committed
10the violation had a blood alcohol concentration of 0.08 or more but less than 0.1 at
11the time of the violation, or for a violation of state laws or municipal or county
12ordinances involving nonmoving traffic violations, violations under s. 343.51 (1m)
13(b), or safety belt use violations under s. 347.48 (2m), the court, in addition, shall
14impose a jail surcharge under ch. 814 in an amount of 1 percent of the fine or
15forfeiture imposed or $10, whichever is greater. If multiple offenses are involved, the
16court shall determine the jail surcharge on the basis of each fine or forfeiture. If a
17fine or forfeiture is suspended in whole or in part, the court shall reduce the jail
18surcharge in proportion to the suspension.
SB181-SSA1, s. 80 19Section 80. 460.01 (5) of the statutes is amended to read:
SB181-SSA1,16,2220 460.01 (5) "Physician's office" has the meaning given in s. 101.123 (1) (dg)
21means a place, other than a residence or a hospital, that is used primarily to provide
22medical care and treatment
.
SB181-SSA1, s. 81 23Section 81. 757.05 (1) (a) of the statutes is amended to read:
SB181-SSA1,17,1124 757.05 (1) (a) Whenever a court imposes a fine or forfeiture for a violation of
25state law or for a violation of a municipal or county ordinance except for a violation

1of s. 101.123 (2) (a), (am) 1., (ar), (bm), (br), or (bv) or (5) (2m), or for a first violation
2of s. 23.33 (4c) (a) 2., 30.681 (1) (b) 1., 346.63 (1) (b), or 350.101 (1) (b), if the person
3who committed the violation had a blood alcohol concentration of 0.08 or more but
4less than 0.1 at the time of the violation, or for a violation of state laws or municipal
5or county ordinances involving nonmoving traffic violations, violations under s.
6343.51 (1m) (b), or safety belt use violations under s. 347.48 (2m), there shall be
7imposed in addition a penalty surcharge under ch. 814 in an amount of 26 percent
8of the fine or forfeiture imposed. If multiple offenses are involved, the penalty
9surcharge shall be based upon the total fine or forfeiture for all offenses. When a fine
10or forfeiture is suspended in whole or in part, the penalty surcharge shall be reduced
11in proportion to the suspension.
SB181-SSA1, s. 82 12Section 82. 814.63 (1) (c) of the statutes is amended to read:
SB181-SSA1,17,1813 814.63 (1) (c) This subsection does not apply to an action for a violation of s.
14101.123 (2) (a), (am) 1., (ar), (bm), (br), or (bv) or (5) (2m), for a first violation of s. 23.33
15(4c) (a) 2., 30.681 (1) (b) 1., 346.63 (1) (b), or 350.101 (1) (b), if the person who
16committed the violation had a blood alcohol concentration of 0.08 or more but less
17than 0.1 at the time of the violation, or for a violation under s. 343.51 (1m) (b) or a
18safety belt use violation under s. 347.48 (2m).
SB181-SSA1, s. 83 19Section 83. Initial applicability.
SB181-SSA1,17,2120 (1) This act first applies to violations occurring on the effective date of this
21subsection.
SB181-SSA1, s. 84 22Section 84. Effective date.
SB181-SSA1,17,2323 (1) This act takes effect on July 5, 2010.
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