AB75: Bill Text

AB75,1184,2 b. An openable window that is part of an enclosed place listed in sub. (2) (a) 3. to 9. or a sports arena.

AB75,1184,4 c. An opening through which air enters, for the purpose of ventilation into an enclosed place listed in sub. (2) (a) 3. to 9., or a sports arena.

AB75, s. 2131 Section 2131. 101.123 (2) (dm) of the statutes is created to read:

AB75,1184,7 101.123 (2) (dm) Paragraph (d) 3. applies in lieu of par. (d) 5. to smoking outside of a Type 1 juvenile correctional facility.

AB75, s. 2132 Section 2132. 101.123 (2) (e) of the statutes is created to read:

AB75,1184,9 101.123 (2) (e) No person may smoke in any of the following:

AB75,1184,10 1. A sports arena.

AB75,1184,11 2. A bus shelter.

AB75,1184,12 3. A public conveyance.

AB75, s. 2133 Section 2133. 101.123 (2m) of the statutes is created to read:

AB75,1184,16 101.123 (2m) Responsibility of persons in charge. (a) No person in charge may allow any person to smoke in violation of sub. (2) at a location that is under the control or direction of the person in charge.

AB75,1184,18 (b) No person in charge may provide matches, ashtrays, or other equipment for smoking at the location where smoking is prohibited.

AB75,1184,20 (c) A person in charge shall make reasonable efforts to prohibit persons from smoking at a location where smoking is prohibited by doing all of the following:

AB75,1184,22 1. Posting signs setting forth the prohibition and providing other appropriate notification and information concerning the prohibition.

AB75,1184,24 2. Refusing to serve a person, if the person is smoking in a restaurant, tavern, or private club.

AB75,1185,2 3. Asking a person who is smoking to refrain from smoking and, if the person refuses to do so, asking the person to leave the location.

AB75,1185,5 (d) If a person refuses to leave a location after being requested to do so as provided in par. (c) 3., the person in charge shall immediately notify an appropriate law enforcement agency of the violation.

AB75,1185,8 (e) A person in charge may take measures in addition to those listed in pars. (b) and (c) to prevent persons from being exposed to others who are smoking or to further ensure compliance with this section.

AB75, s. 2134 Section 2134. 101.123 (3) (intro.) of the statutes is amended to read:

AB75,1185,11 101.123 (3) Exceptions. (intro.) The regulation of prohibition against smoking in sub. (2) (a) does not apply to the following places:

AB75, s. 2135 Section 2135. 101.123 (3) (a) to (gr) of the statutes are repealed.

AB75, s. 2136 Section 2136. 101.123 (3) (h) of the statutes is created to read:

AB75,1185,14 101.123 (3) (h) A private residence.

AB75, s. 2137 Section 2137. 101.123 (3) (i) of the statutes is created to read:

AB75,1185,17 101.123 (3) (i) A room used by only one person in an assisted living facility as his or her residence.

AB75, s. 2138 Section 2138. 101.123 (3) (j) of the statutes is created to read:

AB75,1185,22 101.123 (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.

AB75, s. 2139 Section 2139. 101.123 (3) (k) of the statutes is created to read:

AB75,1185,25 101.123 (3) (k) A room in a lodging establishment that has been designated as a room where smoking is allowed, as provided under sub. (3m).

AB75, s. 2140 Section 2140. 101.123 (3m) of the statutes is created to read:

AB75,1186,4 101.123 (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.

AB75,1186,7 (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.

AB75, s. 2141 Section 2141. 101.123 (4) of the statutes is repealed.

AB75, s. 2142 Section 2142. 101.123 (4m) (title) of the statutes is created to read:

AB75,1186,10 101.123 (4m) (title) Local authority.

AB75, s. 2143 Section 2143. 101.123 (5) of the statutes is repealed.

AB75, s. 2144 Section 2144. 101.123 (6) of the statutes is amended to read:

AB75,1186,16 101.123 (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.

AB75, s. 2145 Section 2145. 101.123 (7) of the statutes is amended to read:

AB75,1186,20 101.123 (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.

AB75, s. 2146 Section 2146. 101.123 (8) (a) of the statutes is repealed and recreated to read:

AB75,1186,23 101.123 (8) (a) Any person who violates sub. (2) shall be subject to a forfeiture as follows:

AB75,1186,24 1. Not less than $25 nor more than $50 for the first violation.

AB75,1186,25 2. Not less than $50 nor more than $100 for the 2nd violation.

AB75,1187,2 3. Not less than $100 nor more than $250 for the 3rd or any subsequent violation.

AB75, s. 2147 Section 2147. 101.123 (8) (b) of the statutes is repealed.

AB75, s. 2148 Section 2148. 101.123 (8) (c) of the statutes is repealed.

AB75, s. 2149 Section 2149. 101.123 (8) (d) of the statutes is created to read:

AB75,1187,7 101.123 (8) (d) Any person in charge who violates sub. (2m) shall be subject to a forfeiture as follows:

AB75,1187,8 1. Not less than $50 nor more than $100 for the first violation.

AB75,1187,9 2. Not less than $100 nor more than $200 for the 2nd violation.

AB75,1187,11 3. Not less than $200 nor more than $500 for the 3rd or any subsequent violation.

AB75, s. 2150 Section 2150. 101.123 (8) (e) of the statutes is created to read:

AB75,1187,13 101.123 (8) (e) Each day that sub. (2m) is violated is a separate violation.

AB75, s. 2151 Section 2151. 101.143 (3) (a) (intro.) of the statutes is amended to read:

AB75,1187,21 101.143 (3) (a) Who may submit a claim. (intro.) Subject to pars. (ab), (ae), (ah), (am) and (ap), an owner or operator or a person owning a home oil tank system may submit a claim to the department for an award under sub. (4) to reimburse the owner or operator or the person for the eligible costs under sub. (4) (b) that the owner or operator or the person incurs because of a petroleum products discharge from a petroleum product storage system or home oil tank system if all of the following apply:

AB75, s. 2152 Section 2152. 101.143 (3) (ab) of the statutes is created to read:

AB75,1188,2 101.143 (3) (ab) Deadline for notifying department. An owner or operator or person owning a home oil tank system is not eligible for an award under this section for costs incurred because of a petroleum product discharge if the owner or operator or person does not notify the department under par. (a) 3. of the discharge, and the potential for submitting a claim under this section, before January 1, 2012.

AB75, s. 2153 Section 2153. 101.143 (4) (ei) 1m. a. of the statutes is amended to read:

AB75,1188,14 101.143 (4) (ei) 1m. a. The owner or operator of the farm tank owns a parcel of 35 or more acres of contiguous land, on which the farm tank is located, which is devoted primarily to agricultural use, as defined in s. 91.01 (1) (2), including land designated by the department of natural resources as part of the ice age trail under s. 23.17, which during the year preceding submission of a first claim under sub. (3) produced gross farm profits, as defined in s. 71.58 (4), of not less than $6,000 or which, during the 3 years preceding that submission produced gross farm profits, as defined in s. 71.58 (4), of not less than $18,000, or a parcel of 35 or more acres, on which the farm tank is located, of which at least 35 acres, during part or all of the year preceding that submission, were enrolled in the conservation reserve program under 16 USC 3831 to 3836.

AB75, s. 2154 Section 2154. 101.143 (4) (ei) 1m. b. of the statutes is amended to read:

AB75,1189,2 101.143 (4) (ei) 1m. b. The claim is submitted by a person who, at the time that the notification was made under sub. (3) (a) 3., was the owner of the farm tank and owned a parcel of 35 or more acres of contiguous land, on which the farm tank is or was located, which was devoted primarily to agricultural use, as defined in s. 91.01 (1) (2), including land designated by the department of natural resources as part of the ice age trail under s. 23.17, which during the year preceding that notification produced gross farm profits, as defined in s. 71.58 (4), of not less than $6,000 or which, during the 3 years preceding that notification, produced gross farm profits, as defined in s. 71.58 (4), of not less than $18,000, or a parcel of 35 or more acres, on which the farm tank is located, of which at least 35 acres, during part or all of the year preceding that notification, were enrolled in the conservation reserve program under 16 USC 3831 to 3836.

AB75, s. 2155 Section 2155. 101.1435 of the statutes is created to read:

AB75,1189,6 101.1435 Removal of abandoned underground petroleum storage tanks. (1) In this section, "underground petroleum product storage tank system" has the meaning given in s. 101.143 (1) (i).

AB75,1189,11 (2) The department may contract with a person registered or certified under s. 101.09 (3) to empty, clean, remove, and dispose of an underground petroleum product storage tank system; to assess the site on which the underground petroleum product storage tank system is located; and to backfill the excavation if all of the following apply:

AB75,1189,13 (a) The department determines that the underground petroleum product storage tank system is abandoned.

AB75,1189,19 (b) Using the method that the department uses to determine inability to pay under s. 101.143 (4) (ee), the department determines that the owner of the underground petroleum product storage tank system is unable to pay to empty, clean, remove, and dispose of the underground petroleum product storage tank system; to assess the site on which the underground petroleum product storage tank system is located; and to backfill the excavation.

AB75,1190,2 (3) If the department incurs costs under sub. (2), the department shall record a statement of lien with the register of deeds of the county in which the underground petroleum product storage tank system was located. Upon recording the statement of lien, the department has a lien on the property on which the underground petroleum product storage tank system was located in the amount of the costs incurred. The property remains subject to the lien until that amount is paid in full to the department. The department shall deposit payments received under this subsection into the petroleum inspection fund.

AB75, s. 2156 Section 2156. 101.177 (1) (d) of the statutes is amended to read:

AB75,1190,13 101.177 (1) (d) "State agency" means any office, department, agency, institution of higher education, association, society, or other body in state government created or authorized to be created by the constitution or any law, that is entitled to expend moneys appropriated by law, including the legislature and the courts, the Wisconsin Housing and Economic Development Authority, the Bradley Center Sports and Entertainment Corporation, the University of Wisconsin Hospitals and Clinics Authority, the Wisconsin Aerospace Authority, the Wisconsin Quality Home Care Authority, and the Wisconsin Health and Educational Facilities Authority, but excluding the Health Insurance Risk-Sharing Plan Authority and the Lower Fox River Remediation Authority.

AB75, s. 2157 Section 2157. 101.596 of the statutes is repealed.

AB75, s. 2158 Section 2158. 101.9208 (4m) of the statutes is amended to read:

AB75,1190,21 101.9208 (4m) Upon filing an application under sub. (1) or (4), a supplemental title fee to be paid by the owner of the manufactured home, except that this fee shall be waived with respect to an application under sub. (4) for transfer of a decedent's interest in a manufactured home to his or her surviving spouse or domestic partner under ch. 770. The fee required under this subsection shall be paid in addition to any other fee specified in this section.

AB75, s. 2159 Section 2159. 102.475 (6) of the statutes is amended to read:

AB75,1190,25 102.475 (6) Proof. In administering this section the department may require reasonable proof of birth, marriage, domestic partnership under ch. 770, relationship, or dependency.

AB75, s. 2160 Section 2160. 102.49 (1) of the statutes is amended to read:

AB75,1191,14 102.49 (1) Where When the beneficiary under s. 102.46 or 102.47 (1) is the wife or husband spouse or domestic partner under ch. 770 of the deceased employee and is wholly dependent for support, an additional death benefit shall be paid from the funds provided by sub. (5) for each child by their marriage or domestic partnership under ch. 770 who is living at the time of the death of the employee, and who is likewise wholly dependent upon the employee for support. Such That payment shall commence at the time that primary death benefit payments are completed , or, if advancement of compensation has been paid, at the time when payments would normally have been completed. Payments shall continue at the rate of 10% of the surviving parent's weekly indemnity until the child's 18th birthday. If the child is physically or mentally incapacitated, such payments may be continued beyond the child's 18th birthday but the payments may not continue for more than a total of 15 years.

AB75, s. 2161 Section 2161. 102.49 (2) of the statutes is amended to read:

AB75,1191,21 102.49 (2) A child lawfully adopted by the deceased employee and the surviving spouse or domestic partner under ch. 770, prior to the time of the injury, and a child not the deceased employee's own by birth or adoption but living with the deceased employee as a member of the deceased employee's family at the time of the injury shall for the purpose of this section be taken as a child by their marriage or domestic partnership under ch. 770.

AB75, s. 2162 Section 2162. 102.49 (3) of the statutes is amended to read:

AB75,1192,6 102.49 (3) If the employee leaves a spouse or domestic partner under ch. 770 wholly dependent and also a child by a former marriage, domestic partnership under ch. 770, or adoption, likewise wholly dependent, aggregate benefits shall be the same in amount as if the child were the child of the surviving spouse or partner, and the entire benefit shall be apportioned to the dependents in the amounts that the department shall determine determines to be just, considering the ages of the dependents and other factors bearing on dependency. The benefit awarded to the surviving spouse or partner shall not exceed 4 times the average annual earnings of the deceased employee.

AB75, s. 2163 Section 2163. 102.51 (1) (a) 2m. of the statutes is created to read:

AB75,1192,9 102.51 (1) (a) 2m. A domestic partner under ch. 770 upon his or her partner with whom he or she is living at the time of the partner's death.

AB75, s. 2164 Section 2164. 102.51 (2) (a) of the statutes is amended to read:

AB75,1192,14 102.51 (2) (a) No person shall be considered a dependent unless that person is a spouse, a domestic partner under ch. 770, a divorced spouse who has not remarried, or a lineal descendant, lineal ancestor, brother, sister, or other member of the family, whether by blood or by adoption, of the deceased employee.

AB75, s. 2165 Section 2165. 102.51 (6) of the statutes is amended to read:

AB75,1192,21 102.51 (6) Division among dependents. Benefits accruing to a minor dependent child may be awarded to either parent in the discretion of the department. Notwithstanding sub. (1), the department may reassign the death benefit, in accordance with their respective needs therefor for the death benefit as between a surviving spouse or a domestic partner under ch. 770 and children designated in sub. (1) and s. 102.49.

AB75, s. 2166 Section 2166. 102.64 (1) of the statutes is amended to read:

AB75,1193,9 102.64 (1) Upon request of the department of administration, a representative of the department of justice shall represent the state in cases involving payment into or out of the state treasury under s. 20.865 (1) (fm), (kr), or (ur) or 102.29. The department of justice, after giving notice to the department of administration, may compromise the amount of such those payments but such compromises shall be subject to review by the department of workforce development. If the spouse or domestic partner under ch. 770 of the deceased employee compromises his or her claim for a primary death benefit, the claim of the children of such the employee under s. 102.49 shall be compromised on the same proportional basis, subject to approval by the department. If the persons entitled to compensation on the basis of total dependency under s. 102.51 (1) compromise their claim, payments under s. 102.49 (5) (a) shall be compromised on the same proportional basis.