101.123 (1) (ac) "Correctional facility" means any of the following:
1. A state prison, as defined or named in s. 302.01, except a correctional institution under s. 301.046 (1) or 301.048 (4) (b) if the institution is the prisoner's place of residence and no one is employed there to ensure the prisoner's incarceration.
2. A juvenile detention facility, as defined in s. 938.02 (10r), or a juvenile correctional facility, as defined in s. 938.02 (10p), except a juvenile correctional facility authorized under s. 938.533 (3) (b), 938.538 (4) (b), or 938.539 (5) if the facility is a private residence in which the juvenile is placed and no one is employed there to ensure that the juvenile remains in custody.
3. A jail, as defined in s. 165.85 (2) (bg), a Huber facility under s. 303.09, a work camp under s. 303.10, a reforestation camp under s. 303.07, or a lockup facility under s. 302.30.
12,5
Section
5. 101.123 (1) (aj) of the statutes is created to read:
101.123 (1) (aj) Notwithstanding s. 101.01 (5), "employment" means any trade, occupation, or process of manufacture or any method of carrying on such trade, occupation, or process of manufacture in which any person may be engaged.
12,6
Section
6. 101.123 (1) (ak) of the statutes is created to read:
101.123 (1) (ak) "Enclosed place" means a structure or area that has all of the following:
1. A roof.
2. More than 2 substantial walls.
12,7
Section
7. 101.123 (1) (am) of the statutes is repealed.
12,8
Section
8. 101.123 (1) (ar) of the statutes is amended to read:
101.123 (1) (ar) "Immediate vicinity of the state capitol" means the area directly adjacent to the state capitol building, as determined by rule of the department of administration. "Immediate vicinity of the state capitol" does not include any location that is more than one fathom six feet from the state capitol building.
12,9
Section
9. 101.123 (1) (b) of the statutes is amended to read:
101.123 (1) (b) "Inpatient health care facility" means a hospital, as defined in s. 50.33 (2), a county home established under s. 49.70, a county infirmary established under s. 49.72 or a community-based residential facility or, a nursing home licensed under s. 50.03, as defined in s. 50.01 (3), a hospice, as defined in s. 50.90 (1), a Wisconsin veterans home under s. 45.50, or a treatment facility.
12,10
Section
10. 101.123 (1) (bg) of the statutes is repealed.
12,11
Section
11. 101.123 (1) (bm) of the statutes is repealed.
12,12
Section
12. 101.123 (1) (bn) of the statutes is created to read:
101.123 (1) (bn) "Lodging establishment" means any of the following:
1. A bed and breakfast establishment, as defined in s. 254.61 (1).
2. A hotel, as defined in s. 254.61 (3).
3. A tourist rooming house, as defined in s. 254.61 (6).
12,13
Section
13. 101.123 (1) (br) of the statutes is repealed.
12,14
Section
14. 101.123 (1) (c) of the statutes is repealed.
12,15
Section
15. 101.123 (1) (d) of the statutes is amended to read:
101.123 (1) (d) "Person in charge" means the person
, or his or her agent, who ultimately controls, governs or directs the activities aboard a public conveyance or within a place at a location where smoking is
prohibited or regulated under this section, regardless of the person's status as owner or lessee.
12,16
Section
16. 101.123 (1) (dg) of the statutes is repealed.
12,17
Section
17. 101.123 (1) (dj) of the statutes is created to read:
101.123 (1) (dj) Notwithstanding s. 101.01 (11), "place of employment" means any enclosed place that employees normally frequent during the course of employment, including an office, a work area, an elevator, an employee lounge, a restroom, a conference room, a meeting room, a classroom, a hallway, a stairway, a lobby, a common area, a vehicle, or an employee cafeteria.
12,18
Section
18. 101.123 (1) (dm) of the statutes is renumbered 77.51 (11m).
12,19
Section
19. 101.123 (1) (dn) of the statutes is created to read:
101.123 (1) (dn) "Private club" means a facility used by an organization that limits its membership and is organized for a recreational, fraternal, social, patriotic, political, benevolent, or athletic purpose.
12,20
Section
20. 101.123 (1) (e) of the statutes is amended to read:
101.123 (1) (e) "Public conveyance" means a mass transit vehicles vehicle as defined
by in s. 340.01 (28m) and, a school buses
bus as defined by in s. 340.01 (56), or any other device by which persons are transported, for hire, on a highway or by rail, water, air, or guidewire within this state, but does not include such a device while providing transportation in interstate commerce.
12,21
Section
21. 101.123 (1) (eg) of the statutes is created to read:
101.123 (1) (eg) "Public place" means any enclosed place that is open to the public, regardless of whether a fee is charged or a place to which the public has lawful access or may be invited.
12,22
Section
22. 101.123 (1) (f) of the statutes is amended to read:
101.123 (1) (f) "Restaurant" means an establishment as defined in s. 254.61 (5) with a seating capacity of more than 50 persons.
12,23
Section
23. 101.123 (1) (g) of the statutes is amended to read:
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.
12,24
Section
24. 101.123 (1) (gg) of the statutes is created to read:
101.123 (1) (gg) "Retail tobacco store" means a retail establishment that does not have a "Class B" intoxicating liquor license or a Class "B" fermented malt beverages license and that generates 75 percent or more of its gross annual income from the retail sale of tobacco products and accessories.
12,25
Section
25. 101.123 (1) (gm) of the statutes is repealed.
12,26
Section
26. 101.123 (1) (h) of the statutes is renumbered 101.123 (1) (h) (intro.) and amended to read:
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:
1. A lighted cigar,.
2. A lighted cigarette,.
3. A lighted pipe or any.
4. Any other lighted smoking equipment.
12,27
Section
27. 101.123 (1) (hm) of the statutes is created to read:
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.
12,28
Section
28. 101.123 (1) (i) of the statutes is amended to read:
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.
12,29
Section
29. 101.123 (1) (id) of the statutes is created to read:
101.123 (1) (id) "Substantial wall" means a wall with an opening that may be used to allow air in from the outside that is less than 25 percent of the wall's surface area.
12,30
Section
30. 101.123 (1) (im) of the statutes is created to read:
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.
12,31
Section
31. 101.123 (1) (in) of the statutes is created to read:
101.123 (1) (in) "Tobacco bar" means a tavern that generates 15 percent or more of its annual gross income from the sale on the tavern premises, other than from a vending machine, of cigars and tobacco for pipes.
12,32
Section
32. 101.123 (1) (io) of the statutes is created to read:
101.123 (1) (io) "Tobacco product" means any form of tobacco prepared in a manner suitable for smoking but not including a cigarette.
12,33
Section
33. 101.123 (1) (ip) of the statutes is created to read:
101.123 (1) (ip) "Treatment facility" means a publicly or privately operated inpatient facility that provides treatment of alcoholic, drug dependent, mentally ill, or developmentally disabled persons.
12,34
Section
34. 101.123 (2) (title) of the statutes is repealed and recreated to read:
101.123 (2) (title) Prohibition against smoking.
12,35
Section
35. 101.123 (2) (a) (intro.) of the statutes is amended to read:
101.123 (2) (a) (intro.) Except as provided in sub. (3), no person may smoke in any of the following enclosed places:
12,36
Section
36. 101.123 (2) (a) 1. of the statutes is repealed.
12,37
Section
37. 101.123 (2) (a) 1g. of the statutes is created to read:
101.123 (2) (a) 1g. The state capitol.
12,38
Section
38. 101.123 (2) (a) 1m. of the statutes is created to read:
101.123 (2) (a) 1m. Residence halls or dormitories owned or operated by a college or university.
12,39
Section
39. 101.123 (2) (a) 1r. of the statutes is created to read:
101.123 (2) (a) 1r. Day care centers.
12,40
Section
40. 101.123 (2) (a) 4. of the statutes is repealed and recreated to read:
101.123 (2) (a) 4. Theaters.
12,41
Section
41. 101.123 (2) (a) 5. of the statutes is repealed.
12,42
Section
42. 101.123 (2) (a) 5m. of the statutes is created to read:
101.123 (2) (a) 5m. Correctional facilities.
12,43
Section
43. 101.123 (2) (a) 5t. of the statutes is created to read:
101.123 (2) (a) 5t. State institutions.
12,44
Section
44. 101.123 (2) (a) 6. of the statutes is repealed.
12,45
Section
45. 101.123 (2) (a) 7m. of the statutes is created to read:
101.123 (2) (a) 7m. Taverns.
12,46
Section
46. 101.123 (2) (a) 7r. of the statutes is created to read:
101.123 (2) (a) 7r. Private clubs.
12,47
Section
47. 101.123 (2) (a) 8d. of the statutes is created to read:
101.123 (2) (a) 8d. Common areas of multiple-unit residential properties.
12,48
Section
48. 101.123 (2) (a) 8g. of the statutes is created to read:
