LRB-1080/1
MGG:kjf:ph
2009 - 2010 LEGISLATURE
April 30, 2009 - Introduced by Representatives Richards, A. Ott, Seidel, Zigmunt,
Milroy, Benedict, Parisi, Berceau, Black, Roys, Soletski, Gottlieb, Clark,
Bernard Schaber, Mursau, Toles, Hilgenberg, Cullen, Sinicki, Townsend,
Pope-Roberts, Smith, Pasch, Hintz, Spanbauer and Montgomery,
cosponsored by Senators Risser, Ellis, Jauch, Miller, Darling, Robson and
Coggs. Referred to Committee on Health and Healthcare Reform.
AB252,2,7
1An Act to repeal 101.123 (1) (am), 101.123 (1) (br), 101.123 (1) (c), 101.123 (1)
2(dg), 101.123 (1) (gm), 101.123 (1) (j), 101.123 (2) (a) 1., 101.123 (2) (a) 5.,
3101.123 (2) (a) 6., 101.123 (2) (am), 101.123 (2) (b), 101.123 (3) (a) to (gr), 101.123
4(4), 101.123 (5), 101.123 (8) (b) and 101.123 (8) (c);
to renumber 101.123 (1) (a),
5101.123 (1) (dm) and 101.123 (2) (c);
to renumber and amend 101.123 (1) (h),
6101.123 (2) (a) 10., 101.123 (2) (ar), 101.123 (2) (bm), 101.123 (2) (br) and
7101.123 (2) (bv);
to amend 77.52 (2) (ag) 39. (intro.), 101.123 (1) (ar), 101.123
8(1) (b), 101.123 (1) (d), 101.123 (1) (e), 101.123 (1) (f), 101.123 (1) (g), 101.123 (1)
9(i), 101.123 (2) (a) (intro.), 101.123 (3) (intro.), 101.123 (6), 101.123 (7), 101.123
10(8) (a), 165.60, 165.755 (1) (b), 302.46 (1) (a), 460.01 (5), 757.05 (1) (a) and 814.63
11(1) (c);
to repeal and recreate 101.123 (2) (title), 101.123 (2) (a) 4. and 101.123
12(2) (a) 9.; and
to create 101.123 (1) (ab), 101.123 (1) (ac), 101.123 (1) (aj),
13101.123 (1) (bn), 101.123 (1) (dj), 101.123 (1) (dn), 101.123 (1) (eg), 101.123 (1)
14(h) 2., 101.123 (1) (hm), 101.123 (1) (im), 101.123 (1) (ip), 101.123 (2) (a) 2m.,
1101.123 (2) (a) 2r., 101.123 (2) (a) 5m., 101.123 (2) (a) 5t., 101.123 (2) (a) 7m.,
2101.123 (2) (a) 7r., 101.123 (2) (a) 8d., 101.123 (2) (a) 8g., 101.123 (2) (d) (intro.),
3101.123 (2) (e), 101.123 (2) (f), 101.123 (2m), 101.123 (3) (h), 101.123 (3) (i),
4101.123 (3) (j), 101.123 (3) (k), 101.123 (3) (L), 101.123 (3m), 101.123 (4m) (title),
5101.123 (8) (d) and 101.123 (8) (e) of the statutes;
relating to: prohibiting
6smoking in indoor areas, in sports arenas, and in public conveyances and
7providing a penalty.
Analysis by the Legislative Reference Bureau
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:
AB252, s. 1
8Section
1. 77.52 (2) (ag) 39. (intro.) of the statutes is amended to read:
AB252,2,159
77.52
(2) (ag) 39. (intro.) Equipment in offices, business facilities, schools, and
10hospitals but not in residential facilities including personal residences, apartments,
11long-term care facilities, as defined under s. 16.009 (1) (em),
state institutions, as
12defined under s. 101.123 (1) (i) prisons, mental health institutes, as defined in s.
1351.01 (12), centers for the developmentally disabled, as defined in s. 51.01 (3), Type
141 juvenile correctional facilities, as defined in s. 938.02 (19), or similar facilities
15including, by way of illustration but not of limitation, all of the following:
AB252, s. 2
16Section
2. 101.123 (1) (a) of the statutes is renumbered 101.123 (1) (ae).
AB252, s. 3
17Section
3. 101.123 (1) (ab) of the statutes is created to read:
AB252,2,2018
101.123
(1) (ab) "Assisted living facility" means a community-based
19residential facility, as defined in s. 50.01 (1g), a residential care apartment complex,
20as defined in s. 50.01 (1d), or an adult family home, as defined in s. 50.01 (1) (b).
AB252, s. 4
1Section
4. 101.123 (1) (ac) of the statutes is created to read:
AB252,3,22
101.123
(1) (ac) "Correctional facility" means any of the following:
AB252,3,63
1. A state prison, as defined or named in s. 302.01, except a correctional
4institution under s. 301.046 (1) or 301.048 (4) (b) if the institution is the prisoner's
5place of residence and no one is employed there to ensure the prisoner's
6incarceration.
AB252,3,117
2. A juvenile detention facility, as defined in s. 938.02 (10r), or a juvenile
8correctional facility, as defined in s. 938.02 (10p), except a juvenile correctional
9facility authorized under s. 938.533 (3) (b), 938.538 (4) (b), or 938.539 (5) if the facility
10is a private residence in which the juvenile is placed and no one is employed there
11to ensure that the juvenile remains in custody.
AB252,3,1412
3. A jail, as defined in s. 165.85 (2) (bg), a Huber facility under s. 303.09, a work
13camp under s. 303.10, a reforestation camp under s. 303.07, or a lockup facility under
14s. 302.30.
AB252, s. 5
15Section
5. 101.123 (1) (aj) of the statutes is created to read:
AB252,3,1816
101.123
(1) (aj) Notwithstanding s. 101.01 (5), "employment" means any trade,
17occupation, or process of manufacture or any method of carrying on such trade,
18occupation, or process of manufacture in which any person may be engaged.
AB252, s. 6
19Section
6. 101.123 (1) (am) of the statutes is repealed.
AB252, s. 7
20Section
7. 101.123 (1) (ar) of the statutes is amended to read:
AB252,3,2521
101.123
(1) (ar) "Immediate vicinity of the state capitol" means the area
22directly adjacent to the state capitol building, as determined by rule of the
23department of administration. "Immediate vicinity of the state capitol" does not
24include any location that is more than
one fathom
six feet from the state capitol
25building.
AB252, s. 8
1Section
8. 101.123 (1) (b) of the statutes is amended to read:
AB252,4,62
101.123
(1) (b) "Inpatient health care facility" means
a hospital, as defined in
3s. 50.33 (2), a county home established under s. 49.70, a county infirmary established
4under s. 49.72
or a community-based residential facility or, a nursing home
licensed
5under s. 50.03, as defined in s. 50.01 (3), a hospice, as defined in s. 50.90 (1), a
6Wisconsin veteran's home under s. 45.50, or a treatment facility.
AB252, s. 9
7Section
9. 101.123 (1) (bn) of the statutes is created to read:
AB252,4,88
101.123
(1) (bn) "Lodging establishment" means any of the following:
AB252,4,99
1. A bed and breakfast establishment, as defined in s. 254.61 (1).
AB252,4,1010
2. A hotel, as defined in s. 254.61 (3).
AB252,4,1111
3. A tourist rooming house, as defined in s. 254.61 (6).
AB252, s. 10
12Section
10. 101.123 (1) (br) of the statutes is repealed.
AB252, s. 11
13Section
11. 101.123 (1) (c) of the statutes is repealed.
AB252, s. 12
14Section
12. 101.123 (1) (d) of the statutes is amended to read:
AB252,4,1815
101.123
(1) (d) "Person in charge" means the person
, or his or her agent, who
16ultimately controls, governs or directs the activities aboard a public conveyance or
17within a place at a location where smoking is
prohibited or regulated under this
18section
, regardless of the person's status as owner or lessee.
AB252, s. 13
19Section
13. 101.123 (1) (dg) of the statutes is repealed.
AB252, s. 14
20Section
14. 101.123 (1) (dj) of the statutes is created to read:
AB252,4,2521
101.123
(1) (dj) Notwithstanding s. 101.01 (11), "place of employment" means
22any indoor area that employees normally frequent during the course of employment,
23including an office, a work area, an elevator, an employee lounge, a restroom, a
24conference room, a meeting room, a classroom, a hallway, a stairway, a lobby, a
25common area, a vehicle, or an employee cafeteria.
AB252, s. 15
1Section
15. 101.123 (1) (dm) of the statutes is renumbered 77.51 (11m).
AB252, s. 16
2Section
16. 101.123 (1) (dn) of the statutes is created to read:
AB252,5,53
101.123
(1) (dn) "Private club" means an organization that limits its
4membership and is organized for a recreational, fraternal, social, patriotic, political,
5benevolent, or athletic purpose.
AB252, s. 17
6Section
17. 101.123 (1) (e) of the statutes is amended to read:
AB252,5,117
101.123
(1) (e) "Public conveyance" means
a mass transit
vehicles vehicle as
8defined
by in s. 340.01 (28m)
and, a school
buses bus as defined
by in s. 340.01 (56)
,
9or any other device by which persons are transported, for hire, on a highway or by
10rail, water, air, or guidewire within this state, but does not include such a device
11while providing transportation in interstate commerce.
AB252, s. 18
12Section
18. 101.123 (1) (eg) of the statutes is created to read:
AB252,5,1513
101.123
(1) (eg) "Public place" means a place that is open to the public,
14regardless of whether a fee is charged or a place to which the public has lawful access
15or may be invited.
AB252, s. 19
16Section
19. 101.123 (1) (f) of the statutes is amended to read:
AB252,5,1817
101.123
(1) (f) "Restaurant" means an establishment
as defined in s. 254.61 (5)
18with a seating capacity of more than 50 persons.
AB252, s. 20
19Section
20. 101.123 (1) (g) of the statutes is amended to read:
AB252,5,2320
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, and 23except bowling centers.
AB252, s. 21
24Section
21. 101.123 (1) (gm) of the statutes is repealed.
AB252, s. 22
1Section
22. 101.123 (1) (h) of the statutes is renumbered 101.123 (1) (h) (intro.)
2and amended to read:
AB252,6,33
101.123
(1) (h) (intro.) "Smoking" means
carrying any of the following: