AB252: Bill Text

AB252, s. 57 Section 57. 101.123 (3) (a) to (gr) of the statutes are repealed.

AB252, s. 58 Section 58. 101.123 (3) (h) of the statutes is created to read:

AB252,10,18 101.123 (3) (h) A private residence.

AB252, s. 59 Section 59. 101.123 (3) (i) of the statutes is created to read:

AB252,10,21 101.123 (3) (i) A room used by a person in an assisted living facility as his or her residence.

AB252, s. 60 Section 60. 101.123 (3) (j) of the statutes is created to read:

AB252,11,2 101.123 (3) (j) A room in an assisted living facility in which 2 or more persons reside if every person who lives in that room smokes and each of those persons has made a written request to the person in charge of the assisted living facility to be placed in a room where smoking is allowed.

AB252, s. 61 Section 61. 101.123 (3) (k) of the statutes is created to read:

AB252,11,5 101.123 (3) (k) A room in a lodging establishment that has been designated as a room where smoking is allowed, as provided under sub. (3m).

AB252, s. 62 Section 62. 101.123 (3) (L) of the statutes is created to read:

AB252,11,8 101.123 (3) (L) Any stage of a theater when the stage is being used for a theatrical performance and the smoking is part of the performance.

AB252, s. 63 Section 63. 101.123 (3m) of the statutes is created to read:

AB252,11,12 101.123 (3m) Lodging. (a) Except as provided in par. (b), the owner of a lodging establishment may designate not more than 25 percent of the guest rooms in the lodging establishment as guest rooms in which smoking is permitted.

AB252,11,15 (b) If a lodging establishment has less than 4 rooms, the owner of the lodging establishment may designate one guest room as a guest room in which smoking is permitted.

AB252, s. 64 Section 64. 101.123 (4) of the statutes is repealed.

AB252, s. 65 Section 65. 101.123 (4m) (title) of the statutes is created to read:

AB252,11,18 101.123 (4m) (title) Local authority.

AB252, s. 66 Section 66. 101.123 (5) of the statutes is repealed.

AB252, s. 67 Section 67. 101.123 (6) of the statutes is amended to read:

AB252,11,24 101.123 (6) Uniform signs. The department shall, by rule, specify uniform dimensions and other characteristics of the signs used to designate smoking areas required under sub. (2m). These rules may not require the use of signs that are more expensive than is necessary to accomplish their purpose.

AB252, s. 68 Section 68. 101.123 (7) of the statutes is amended to read:

AB252,12,3 101.123 (7) Signs for state agencies. The department shall arrange with the department of administration to have the signs prepared and made available to state agencies for use in state facilities that set forth the prohibition against smoking.

AB252, s. 69 Section 69. 101.123 (8) (a) of the statutes is amended to read:

AB252,12,9 101.123 (8) (a) Any person who willfully violates sub. (2) (a), (am) 1., (bm), (br), or (bv) after being advised by an employee of the facility that smoking in the area is prohibited or any person in charge or his or her agent who willfully fails to comply with sub. (5) shall forfeit not less than $10 and not more than $10 $100 for each violation.

AB252, s. 70 Section 70. 101.123 (8) (b) of the statutes is repealed.

AB252, s. 71 Section 71. 101.123 (8) (c) of the statutes is repealed.

AB252, s. 72 Section 72. 101.123 (8) (d) of the statutes is created to read:

AB252,12,14 101.123 (8) (d) Any person in charge who violates sub. (2m) shall be subject to a forfeiture as follows:

AB252,12,15 1. Not less than $50 nor more than $100 for the first violation.

AB252,12,16 2. Not less than $100 nor more than $200 for the 2nd violation.

AB252,12,18 3. Not less than $200 nor more than $500 for the 3rd or any subsequent violation.

AB252, s. 73 Section 73. 101.123 (8) (e) of the statutes is created to read:

AB252,12,20 101.123 (8) (e) Each day that sub. (2m) is violated is a separate violation.

AB252, s. 74 Section 74. 165.60 of the statutes is amended to read:

AB252,13,3 165.60 Law enforcement. The department of justice is authorized to enforce ss. 101.123 (2), (5), (2m), and (8), 944.30, 944.31, 944.33, 944.34, 945.02 (2), 945.03 (1m), and 945.04 (1m) and ch. 108 and is invested with the powers conferred by law upon sheriffs and municipal police officers in the performance of those duties. This section does not deprive or relieve sheriffs, constables, and other local police officers of the power and duty to enforce those sections, and those officers shall likewise enforce those sections.

AB252, s. 75 Section 75. 165.755 (1) (b) of the statutes is amended to read:

AB252,13,12 165.755 (1) (b) A court may not impose the crime laboratories and drug law enforcement surcharge under par. (a) for a violation of s. 101.123 (2) (a), (am) 1., (ar), (bm), (br), or (bv) or (5) (b) or (2m), for a first violation of s. 23.33 (4c) (a) 2., 30.681 (1) (b) 1., 346.63 (1) (b), or 350.101 (1) (b), if the person who committed the violation had a blood alcohol concentration of 0.08 or more but less than 0.1 at the time of the violation, or for a violation of a state law or municipal or county ordinance involving a nonmoving traffic violation, a violation under s. 343.51 (1m) (b), or a safety belt use violation under s. 347.48 (2m).

AB252, s. 76 Section 76. 302.46 (1) (a) of the statutes is amended to read:

AB252,14,2 302.46 (1) (a) If a court imposes a fine or forfeiture for a violation of state law or for a violation of a municipal or county ordinance except for a violation of s. 101.123 (2) (a), (am) 1., (ar), (bm), (br), or (bv) or (5) (2m), or for a first violation of s. 23.33 (4c) (a) 2., 30.681 (1) (b) 1., 346.63 (1) (b), or 350.101 (1) (b), if the person who committed the violation had a blood alcohol concentration of 0.08 or more but less than 0.1 at the time of the violation, or for a violation of state laws or municipal or county ordinances involving nonmoving traffic violations, violations under s. 343.51 (1m) (b), or safety belt use violations under s. 347.48 (2m), the court, in addition, shall impose a jail surcharge under ch. 814 in an amount of 1 percent of the fine or forfeiture imposed or $10, whichever is greater. If multiple offenses are involved, the court shall determine the jail surcharge on the basis of each fine or forfeiture. If a fine or forfeiture is suspended in whole or in part, the court shall reduce the jail surcharge in proportion to the suspension.

AB252, s. 77 Section 77. 460.01 (5) of the statutes is amended to read:

AB252,14,6 460.01 (5) "Physician's office" has the meaning given in s. 101.123 (1) (dg) means a place, other than a residence or a hospital, that is used primarily to provide medical care and treatment.

AB252, s. 78 Section 78. 757.05 (1) (a) of the statutes is amended to read:

AB252,14,20 757.05 (1) (a) Whenever a court imposes a fine or forfeiture for a violation of state law or for a violation of a municipal or county ordinance except for a violation of s. 101.123 (2) (a), (am) 1., (ar), (bm), (br), or (bv) or (5) (2m), or for a first violation of s. 23.33 (4c) (a) 2., 30.681 (1) (b) 1., 346.63 (1) (b), or 350.101 (1) (b), if the person who committed the violation had a blood alcohol concentration of 0.08 or more but less than 0.1 at the time of the violation, or for a violation of state laws or municipal or county ordinances involving nonmoving traffic violations, violations under s. 343.51 (1m) (b), or safety belt use violations under s. 347.48 (2m), there shall be imposed in addition a penalty surcharge under ch. 814 in an amount of 26 percent of the fine or forfeiture imposed. If multiple offenses are involved, the penalty surcharge shall be based upon the total fine or forfeiture for all offenses. When a fine or forfeiture is suspended in whole or in part, the penalty surcharge shall be reduced in proportion to the suspension.

AB252, s. 79 Section 79. 814.63 (1) (c) of the statutes is amended to read:

AB252,15,2 814.63 (1) (c) This subsection does not apply to an action for a violation of s. 101.123 (2) (a), (am) 1., (ar), (bm), (br), or (bv) or (5) (2m), for a first violation of s. 23.33 (4c) (a) 2., 30.681 (1) (b) 1., 346.63 (1) (b), or 350.101 (1) (b), if the person who committed the violation had a blood alcohol concentration of 0.08 or more but less than 0.1 at the time of the violation, or for a violation under s. 343.51 (1m) (b) or a safety belt use violation under s. 347.48 (2m).

AB252, s. 80 Section 80. Initial applicability.

AB252,15,5 (1) This act first applies to violations occurring on the effective date of this subsection.

AB252, s. 81 Section 81. Effective date.

AB252,15,8 (1) This act takes effect on May 1, 2009, or on the day after publication, whichever is later.

AB252,15,9 (End)