SB181: Bill Text

SB181, s. 22 Section 22. 101.123 (1) (f) of the statutes is amended to read:

SB181,7,9 101.123 (1) (f) "Restaurant" means an establishment as defined in s. 254.61 (5) with a seating capacity of more than 50 persons.

SB181, s. 23 Section 23. 101.123 (1) (g) of the statutes is amended to read:

SB181,7,14 101.123 (1) (g) "Retail establishment" means any store or shop in which retail sales is the principal business conducted, except a tavern operating under a "Class B" intoxicating liquor license or Class "B" fermented malt beverages license, and except bowling centers.

SB181, s. 24 Section 24. 101.123 (1) (gm) of the statutes is repealed.

SB181, s. 25 Section 25. 101.123 (1) (h) of the statutes is renumbered 101.123 (1) (h) (intro.) and amended to read:

SB181,7,19 101.123 (1) (h) (intro.) "Smoking" means carrying a lighted burning or holding, or inhaling or exhaling smoke from, any of the following items containing tobacco:

SB181,7,20 1. A lighted cigar,.

SB181,7,21 2. A lighted cigarette,.

SB181,7,22 3. A lighted pipe or any.

SB181,7,23 4. Any other lighted smoking equipment.

SB181, s. 26 Section 26. 101.123 (1) (hm) of the statutes is created to read:

SB181,8,3 101.123 (1) (hm) "Sports arena" means any stadium, pavilion, gymnasium, swimming pool, skating rink, bowling center, or other building where spectator sporting events are held.

SB181, s. 27 Section 27. 101.123 (1) (i) of the statutes is amended to read:

SB181,8,8 101.123 (1) (i) "State institution" means a prison, a mental health institute, as defined in s. 51.01 (12) or, a center for the developmentally disabled, as defined in s. 51.01 (3), or a secure mental health facility at which persons are committed under s. 980.06.

SB181, s. 28 Section 28. 101.123 (1) (id) of the statutes is created to read:

SB181,8,12 101.123 (1) (id) "Substantial wall" means a wall where at least 25 percent of the surface area of the wall is not part of an opening that may be used to allow air in from the outside.

SB181, s. 29 Section 29. 101.123 (1) (im) of the statutes is created to read:

SB181,8,16 101.123 (1) (im) "Tavern" means an establishment, other than a restaurant, that holds a "Class B" intoxicating liquor license or Class "B" fermented malt beverages license.

SB181, s. 30 Section 30. 101.123 (1) (ip) of the statutes is created to read:

SB181,8,20 101.123 (1) (ip) "Treatment facility" means a publicly or private operated inpatient facility that provides treatment of alcoholic, drug dependent, mentally ill, or developmentally disabled persons.

SB181, s. 31 Section 31. 101.123 (2) (title) of the statutes is repealed and recreated to read:

SB181,8,22 101.123 (2) (title) Prohibition against smoking.

SB181, s. 32 Section 32. 101.123 (2) (a) (intro.) of the statutes is amended to read:

SB181,8,25 101.123 (2) (a) (intro.) Except as provided in sub. (3), no person may smoke in any of the following enclosed places:

SB181, s. 33 Section 33. 101.123 (2) (a) 1. of the statutes is repealed.

SB181, s. 34 Section 34. 101.123 (2) (a) 1g. of the statutes is created to read:

SB181,9,3 101.123 (2) (a) 1g. The state capitol.

SB181, s. 35 Section 35. 101.123 (2) (a) 1m. of the statutes is created to read:

SB181,9,6 101.123 (2) (a) 1m. Residence halls or dormitories owned or operated by a college or university.

SB181, s. 36 Section 36. 101.123 (2) (a) 1r. of the statutes is created to read:

SB181,9,8 101.123 (2) (a) 1r. Day care centers.

SB181, s. 37 Section 37. 101.123 (2) (a) 4. of the statutes is repealed and recreated to read:

SB181,9,10 101.123 (2) (a) 4. Theaters.

SB181, s. 38 Section 38. 101.123 (2) (a) 5. of the statutes is repealed.

SB181, s. 39 Section 39. 101.123 (2) (a) 5m. of the statutes is created to read:

SB181,9,13 101.123 (2) (a) 5m. Correctional facilities.

SB181, s. 40 Section 40. 101.123 (2) (a) 5t. of the statutes is created to read:

SB181,9,15 101.123 (2) (a) 5t. State institutions.

SB181, s. 41 Section 41. 101.123 (2) (a) 6. of the statutes is repealed.

SB181, s. 42 Section 42. 101.123 (2) (a) 7m. of the statutes is created to read:

SB181,9,18 101.123 (2) (a) 7m. Taverns.

SB181, s. 43 Section 43. 101.123 (2) (a) 7r. of the statutes is created to read:

SB181,9,20 101.123 (2) (a) 7r. Private clubs.

SB181, s. 44 Section 44. 101.123 (2) (a) 8d. of the statutes is created to read:

SB181,9,22 101.123 (2) (a) 8d. Common areas of multiple-unit residential properties.

SB181, s. 45 Section 45. 101.123 (2) (a) 8g. of the statutes is created to read:

SB181,9,24 101.123 (2) (a) 8g. Lodging establishments except as provided in sub. (3) (k).

SB181, s. 46 Section 46. 101.123 (2) (a) 9. of the statutes is repealed and recreated to read:

SB181,10,2 101.123 (2) (a) 9. All enclosed places, other than those listed in subds. 1. to 8r., that are places of employment or that are public places.

SB181, s. 47 Section 47. 101.123 (2) (a) 10. of the statutes is renumbered 101.123 (2) (a) 8r. and amended to read:

SB181,10,6 101.123 (2) (a) 8r. Any enclosed, indoor area of a state, State, county, city, village, or town building buildings.

SB181, s. 48 Section 48. 101.123 (2) (am) of the statutes is repealed.

SB181, s. 49 Section 49. 101.123 (2) (ar) of the statutes is renumbered 101.123 (2) (d) 1. and amended to read:

SB181,10,11 101.123 (2) (d) 1. Notwithstanding par. (a) and sub. (3), no person may smoke in the state capitol building or in In the immediate vicinity of the state capitol.

SB181, s. 50 Section 50. 101.123 (2) (b) of the statutes is repealed.

SB181, s. 51 Section 51. 101.123 (2) (bm) of the statutes is renumbered 101.123 (2) (d) 2. and amended to read:

SB181,10,18 101.123 (2) (d) 2. Notwithstanding par. (a) and sub. (3), no person may smoke on Anywhere on the premises, indoors or outdoors, of a day care center when children who are receiving day care services are present. When such children are not present, the prohibition under subd. 5. applies.

SB181, s. 52 Section 52. 101.123 (2) (br) of the statutes is renumbered 101.123 (2) (d) 3. and amended to read:

SB181,10,23 101.123 (2) (d) 3. Notwithstanding par. (a) and sub. (3), no person may smoke in any enclosed, indoor area of a Type 1 juvenile correctional facility or on Anywhere on the grounds of a Type 1 juvenile correctional facility.

SB181, s. 53 Section 53. 101.123 (2) (bv) of the statutes is renumbered 101.123 (2) (d) 4. and amended to read:

SB181,11,4 101.123 (2) (d) 4. Notwithstanding par. (a) and sub. (3), no person may smoke in A location that is 25 feet or less from a residence hall or dormitory that is owned or operated by the Board of Regents of the University of Wisconsin System or in any location that is 25 feet or less from such a residence hall or dormitory.

SB181, s. 54 Section 54. 101.123 (2) (c) of the statutes is renumbered 101.123 (4m).

SB181, s. 55 Section 55. 101.123 (2) (d) (intro.) of the statutes is created to read:

SB181,11,8 101.123 (2) (d) (intro.) No person may smoke at any of the following outdoor locations:

SB181, s. 56 Section 56. 101.123 (2) (d) 5. of the statutes is created to read:

SB181,11,11 101.123 (2) (d) 5. A location that is less than a reasonable distance from any of the following:

SB181,11,13 a. An operable entrance to or from an enclosed place listed in sub. (2) (a) 3. to 9. or a sports arena.

SB181,11,15 b. An openable window that is part of an enclosed place listed in sub. (2) (a) 3. to 9. or a sports arena.

SB181,11,17 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.

SB181, s. 57 Section 57. 101.123 (2) (dm) of the statutes is created to read:

SB181,11,20 101.123 (2) (dm) Paragraph (d) 3. applies in lieu of par. (d) 5. to smoking outside of a Type 1 juvenile correctional facility.

SB181, s. 58 Section 58. 101.123 (2) (e) of the statutes is created to read:

SB181,11,22 101.123 (2) (e) No person may smoke in any of the following:

SB181,11,23 1. A sports arena.

SB181,11,24 2. A bus shelter.

SB181,11,25 3. A public conveyance.

SB181, s. 59 Section 59. 101.123 (2m) of the statutes is created to read:

SB181,12,4 101.123 (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.

SB181,12,6 (b) No person in charge may provide matches, ashtrays, or other equipment for smoking at the location where smoking is prohibited.

SB181,12,8 (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:

SB181,12,10 1. Posting signs setting forth the prohibition and providing other appropriate notification and information concerning the prohibition.

SB181,12,12 2. Refusing to serve a person, if the person is smoking in a restaurant, tavern, or private club.

SB181,12,14 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.

SB181,12,17 (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.

SB181,12,20 (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.

SB181, s. 60 Section 60. 101.123 (3) (intro.) of the statutes is amended to read:

SB181,12,23 101.123 (3) Exceptions. (intro.) The regulation of prohibition against smoking in sub. (2) (a) does not apply to the following places:

SB181, s. 61 Section 61. 101.123 (3) (a) to (gr) of the statutes are repealed.