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 of the statutes is repealed and recreated to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2122. 101.123 (2) (am) of the statutes is repealed.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2124. 101.123 (2) (b) of the statutes is repealed.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:
AB75,1187,2115
101.143
(3) (a)
Who may submit a claim. (intro.) Subject to pars.
(ab), (ae), (ah),
16(am) and (ap), an owner or operator or a person owning a home oil tank system may
17submit a claim to the department for an award under sub. (4) to reimburse the owner
18or operator or the person for the eligible costs under sub. (4) (b) that the owner or
19operator or the person incurs because of a petroleum products discharge from a
20petroleum product storage system or home oil tank system if all of the following
21apply:
AB75, s. 2152
22Section
2152. 101.143 (3) (ab) of the statutes is created to read:
AB75,1188,223
101.143
(3) (ab)
Deadline for notifying department. An owner or operator or
24person owning a home oil tank system is not eligible for an award under this section
25for costs incurred because of a petroleum product discharge if the owner or operator
1or person does not notify the department under par. (a) 3. of the discharge, and the
2potential for submitting a claim under this section, before January 1, 2012.
AB75, s. 2153
3Section
2153. 101.143 (4) (ei) 1m. a. of the statutes is amended to read:
AB75,1188,144
101.143
(4) (ei) 1m. a. The owner or operator of the farm tank owns a parcel
5of 35 or more acres of contiguous land, on which the farm tank is located, which is
6devoted primarily to agricultural use, as defined in s. 91.01
(1) (2), including land
7designated by the department of natural resources as part of the ice age trail under
8s. 23.17, which during the year preceding submission of a first claim under sub. (3)
9produced gross farm profits, as defined in s. 71.58 (4), of not less than $6,000 or
10which, during the 3 years preceding that submission produced gross farm profits, as
11defined in s. 71.58 (4), of not less than $18,000, or a parcel of 35 or more acres, on
12which the farm tank is located, of which at least 35 acres, during part or all of the
13year preceding that submission, were enrolled in the conservation reserve program
14under
16 USC 3831 to
3836.
AB75, s. 2154
15Section
2154. 101.143 (4) (ei) 1m. b. of the statutes is amended to read:
AB75,1189,216
101.143
(4) (ei) 1m. b. The claim is submitted by a person who, at the time that
17the notification was made under sub. (3) (a) 3., was the owner of the farm tank and
18owned a parcel of 35 or more acres of contiguous land, on which the farm tank is or
19was located, which was devoted primarily to agricultural use, as defined in s. 91.01
20(1) (2), including land designated by the department of natural resources as part of
21the ice age trail under s. 23.17, which during the year preceding that notification
22produced gross farm profits, as defined in s. 71.58 (4), of not less than $6,000 or
23which, during the 3 years preceding that notification, produced gross farm profits,
24as defined in s. 71.58 (4), of not less than $18,000, or a parcel of 35 or more acres, on
25which the farm tank is located, of which at least 35 acres, during part or all of the
1year preceding that notification, were enrolled in the conservation reserve program
2under
16 USC 3831 to
3836.
AB75, s. 2155
3Section
2155. 101.1435 of the statutes is created to read:
AB75,1189,6
4101.1435 Removal of abandoned underground petroleum storage
5tanks. (1) In this section, "underground petroleum product storage tank system"
6has the meaning given in s. 101.143 (1) (i).