AB75, s. 2112
21Section
2112. 101.123 (2) (a) 5. of the statutes is repealed.
AB75, s. 2113
22Section
2113. 101.123 (2) (a) 5m. of the statutes is created to read:
AB75,1181,2323
101.123
(2) (a) 5m. Correctional facilities.
AB75, s. 2114
24Section
2114. 101.123 (2) (a) 5t. of the statutes is created to read:
AB75,1181,2525
101.123
(2) (a) 5t. State institutions.
AB75, s. 2115
1Section
2115. 101.123 (2) (a) 6. of the statutes is repealed.
AB75, s. 2116
2Section
2116. 101.123 (2) (a) 7m. of the statutes is created to read:
AB75,1182,33
101.123
(2) (a) 7m. Taverns.
AB75, s. 2117
4Section
2117. 101.123 (2) (a) 7r. of the statutes is created to read:
AB75,1182,55
101.123
(2) (a) 7r. Private clubs.
AB75, s. 2118
6Section
2118. 101.123 (2) (a) 8d. of the statutes is created to read:
AB75,1182,77
101.123
(2) (a) 8d. Common areas of multiple-unit residential properties.
AB75, s. 2119
8Section
2119. 101.123 (2) (a) 8g. of the statutes is created to read:
AB75,1182,99
101.123
(2) (a) 8g. Lodging establishments except as provided in sub. (3) (k).
AB75, s. 2120
10Section
2120. 101.123 (2) (a) 9. of the statutes is repealed and recreated to
11read:
AB75,1182,1312
101.123
(2) (a) 9. All enclosed places, other than those listed in subds. 1. to 8r.,
13that are places of employment or that are public places.
AB75, s. 2121
14Section
2121. 101.123 (2) (a) 10. of the statutes is renumbered 101.123 (2) (a)
158r. and amended to read:
AB75,1182,1716
101.123
(2) (a) 8r.
Any enclosed, indoor area of a state, State, county, city,
17village
, or town
building buildings.
AB75, s. 2122
18Section
2122. 101.123 (2) (am) of the statutes is repealed.
AB75, s. 2123
19Section
2123. 101.123 (2) (ar) of the statutes is renumbered 101.123 (2) (d) 1.
20and amended to read:
AB75,1182,2221
101.123
(2) (d) 1.
Notwithstanding par. (a) and sub. (3), no person may smoke
22in the state capitol building or in In the immediate vicinity of the state capitol.
AB75, s. 2124
23Section
2124. 101.123 (2) (b) of the statutes is repealed.
AB75, s. 2125
24Section
2125. 101.123 (2) (bm) of the statutes is renumbered 101.123 (2) (d)
252. and amended to read:
AB75,1183,4
1101.123
(2) (d) 2.
Notwithstanding par. (a) and sub. (3), no person may smoke
2on Anywhere on the premises
, indoors or outdoors, of a day care center when children
3who are receiving day care services are present.
When such children are not present,
4the prohibition under subd. 5. applies.
AB75, s. 2126
5Section
2126. 101.123 (2) (br) of the statutes is renumbered 101.123 (2) (d) 3.
6and amended to read:
AB75,1183,97
101.123
(2) (d) 3.
Notwithstanding par. (a) and sub. (3), no person may smoke
8in any enclosed, indoor area of a Type 1 juvenile correctional facility or on Anywhere
9on the grounds of a Type 1 juvenile correctional facility.
AB75, s. 2127
10Section
2127. 101.123 (2) (bv) of the statutes is renumbered 101.123 (2) (d) 4.
11and amended to read:
AB75,1183,1512
101.123
(2) (d) 4.
Notwithstanding par. (a) and sub. (3), no person may smoke
13in A location that is 25 feet or less from a residence hall or dormitory that is owned
14or operated by the Board of Regents of the University of Wisconsin System
or in any
15location that is 25 feet or less from such a residence hall or dormitory.
AB75, s. 2128
16Section
2128. 101.123 (2) (c) of the statutes is renumbered 101.123 (4m).
AB75, s. 2129
17Section
2129. 101.123 (2) (d) (intro.) of the statutes is created to read:
AB75,1183,1918
101.123
(2) (d) (intro.) No person may smoke at any of the following outdoor
19locations:
AB75, s. 2130
20Section
2130. 101.123 (2) (d) 5. of the statutes is created to read:
AB75,1183,2221
101.123
(2) (d) 5. A location that is less than a reasonable distance from any
22of the following:
AB75,1183,2423
a. An operable entrance to or from an enclosed place listed in sub. (2) (a) 3. to
249. or a sports arena.
AB75,1184,2
1b. An openable window that is part of an enclosed place listed in sub. (2) (a) 3.
2to 9. or a sports arena.
AB75,1184,43
c. An opening through which air enters, for the purpose of ventilation into an
4enclosed place listed in sub. (2) (a) 3. to 9., or a sports arena.
AB75, s. 2131
5Section
2131. 101.123 (2) (dm) of the statutes is created to read:
AB75,1184,76
101.123
(2) (dm) Paragraph (d) 3. applies in lieu of par. (d) 5. to smoking outside
7of a Type 1 juvenile correctional facility.
AB75, s. 2132
8Section
2132. 101.123 (2) (e) of the statutes is created to read:
AB75,1184,99
101.123
(2) (e) No person may smoke in any of the following:
AB75,1184,1010
1. A sports arena.
AB75,1184,1111
2. A bus shelter.
AB75,1184,1212
3. A public conveyance.
AB75, s. 2133
13Section
2133. 101.123 (2m) of the statutes is created to read:
AB75,1184,1614
101.123
(2m) Responsibility of persons in charge. (a) No person in charge
15may allow any person to smoke in violation of sub. (2) at a location that is under the
16control or direction of the person in charge.
AB75,1184,1817
(b) No person in charge may provide matches, ashtrays, or other equipment for
18smoking at the location where smoking is prohibited.
AB75,1184,2019
(c) A person in charge shall make reasonable efforts to prohibit persons from
20smoking at a location where smoking is prohibited by doing all of the following:
AB75,1184,2221
1. Posting signs setting forth the prohibition and providing other appropriate
22notification and information concerning the prohibition.
AB75,1184,2423
2. Refusing to serve a person, if the person is smoking in a restaurant, tavern,
24or private club.
AB75,1185,2
13. Asking a person who is smoking to refrain from smoking and, if the person
2refuses to do so, asking the person to leave the location.
AB75,1185,53
(d) If a person refuses to leave a location after being requested to do so as
4provided in par. (c) 3., the person in charge shall immediately notify an appropriate
5law enforcement agency of the violation.
AB75,1185,86
(e) A person in charge may take measures in addition to those listed in pars.
7(b) and (c) to prevent persons from being exposed to others who are smoking or to
8further ensure compliance with this section.
AB75, s. 2134
9Section
2134. 101.123 (3) (intro.) of the statutes is amended to read:
AB75,1185,1110
101.123
(3) Exceptions. (intro.) The
regulation of prohibition against smoking
11in sub. (2) (a) does not apply to the following
places:
AB75, s. 2135
12Section
2135. 101.123 (3) (a) to (gr) of the statutes are repealed.
AB75, s. 2136
13Section
2136. 101.123 (3) (h) of the statutes is created to read:
AB75,1185,1414
101.123
(3) (h) A private residence.
AB75, s. 2137
15Section
2137. 101.123 (3) (i) of the statutes is created to read:
AB75,1185,1716
101.123
(3) (i) A room used by only one person in an assisted living facility as
17his or her residence.
AB75, s. 2138
18Section
2138. 101.123 (3) (j) of the statutes is created to read:
AB75,1185,2219
101.123
(3) (j) A room in an assisted living facility in which 2 or more persons
20reside if every person who lives in that room smokes and each of those persons has
21made a written request to the person in charge of the assisted living facility to be
22placed in a room where smoking is allowed.
AB75, s. 2139
23Section
2139. 101.123 (3) (k) of the statutes is created to read:
AB75,1185,2524
101.123
(3) (k) A room in a lodging establishment that has been designated as
25a room where smoking is allowed, as provided under sub. (3m).
AB75, s. 2140
1Section
2140. 101.123 (3m) of the statutes is created to read:
AB75,1186,42
101.123
(3m) Lodging. (a) Except as provided in par. (b), the owner of a lodging
3establishment may designate not more than 25 percent of the guest rooms in the
4lodging establishment as guest rooms in which smoking is permitted.
AB75,1186,75
(b) If a lodging establishment has less than 4 rooms, the owner of the lodging
6establishment may designate one guest room as a guest room in which smoking is
7permitted.
AB75, s. 2141
8Section
2141. 101.123 (4) of the statutes is repealed.
AB75, s. 2142
9Section
2142. 101.123 (4m) (title) of the statutes is created to read:
AB75,1186,1010
101.123
(4m) (title)
Local authority.
AB75, s. 2143
11Section
2143. 101.123 (5) of the statutes is repealed.
AB75, s. 2144
12Section
2144. 101.123 (6) of the statutes is amended to read:
AB75,1186,1613
101.123
(6) Uniform signs. The department shall, by rule, specify uniform
14dimensions and other characteristics of
the signs
used to designate smoking areas 15required under sub. (2m). These rules may not require the use of signs that are more
16expensive than is necessary to accomplish their purpose.
AB75, s. 2145
17Section
2145. 101.123 (7) of the statutes is amended to read:
AB75,1186,2018
101.123
(7) Signs for state agencies. The department shall arrange with the
19department of administration to have
the signs prepared and made available to state
20agencies for use in state facilities
that set forth the prohibition against smoking.
AB75, s. 2146
21Section
2146. 101.123 (8) (a) of the statutes is repealed and recreated to read:
AB75,1186,2322
101.123
(8) (a) Any person who violates sub. (2) shall be subject to a forfeiture
23as follows:
AB75,1186,2424
1. Not less than $25 nor more than $50 for the first violation.
AB75,1186,2525
2. Not less than $50 nor more than $100 for the 2nd violation.
AB75,1187,2
13. Not less than $100 nor more than $250 for the 3rd or any subsequent
2violation.
AB75, s. 2147
3Section
2147. 101.123 (8) (b) of the statutes is repealed.
AB75, s. 2148
4Section
2148. 101.123 (8) (c) of the statutes is repealed.
AB75, s. 2149
5Section
2149. 101.123 (8) (d) of the statutes is created to read:
AB75,1187,76
101.123
(8) (d) Any person in charge who violates sub. (2m) shall be subject to
7a forfeiture as follows:
AB75,1187,88
1. Not less than $50 nor more than $100 for the first violation.
AB75,1187,99
2. Not less than $100 nor more than $200 for the 2nd violation.
AB75,1187,1110
3. Not less than $200 nor more than $500 for the 3rd or any subsequent
11violation.
AB75, s. 2150
12Section
2150. 101.123 (8) (e) of the statutes is created to read:
AB75,1187,1313
101.123
(8) (e) Each day that sub. (2m) is violated is a separate violation.
AB75, s. 2151
14Section
2151. 101.143 (3) (a) (intro.) of the statutes is amended to read: