LRBs0742/1
MGG:kjf&wlj:ch
2005 - 2006 LEGISLATURE
SENATE SUBSTITUTE AMENDMENT 2,
TO 2005 ASSEMBLY BILL 414
May 3, 2006 - Offered by Senator
Roessler.
AB414-SSA2,2,3
1An Act to repeal 101.123 (1) (br), 101.123 (1) (c), 101.123 (1) (dg), 101.123 (2)
2(am), 101.123 (2) (b), 101.123 (3), 101.123 (4), 101.123 (5) (b), 101.123 (6) (title)
3and 101.123 (7) (title);
to renumber 101.123 (2) (c);
to renumber and amend
4101.123 (1) (e), 101.123 (1) (j), 101.123 (2) (ar), 101.123 (2) (bm), 101.123 (2) (br),
5101.123 (2) (bv), 101.123 (6) and 101.123 (7);
to consolidate, renumber and
6amend 101.123 (5) (intro.) and (a);
to amend 101.123 (1) (am), 101.123 (1) (b),
7101.123 (1) (d), 101.123 (1) (dm), 101.123 (1) (f), 101.123 (1) (g), 101.123 (2) (a)
8(intro.), 101.123 (2) (a) 10., 101.123 (8) (a), 101.123 (8) (b), 165.60, 165.755 (1)
9(b), 302.46 (1) (a), 460.01 (5), 757.05 (1) (a) and 814.63 (1) (c);
to repeal and
10recreate 101.123 (2) (title), 101.123 (2) (a) 1., 101.123 (2) (a) 4., 101.123 (2) (a)
115. and 101.123 (5) (title); and
to create 101.123 (1) (bn), 101.123 (1) (dj), 101.123
12(1) (im), 101.123 (2) (a) 2m., 101.123 (2) (a) 5m., 101.123 (2) (a) 5t., 101.123 (2)
13(a) 7m., 101.123 (2) (a) 9m., 101.123 (2) (d) (intro.), 101.123 (3m) and 101.123
1(4m) (title) of the statutes;
relating to: prohibiting smoking in places of
2employment, restaurants, taverns, and other indoor areas and requiring a
3referendum.
Analysis by the Legislative Reference Bureau
Current law prohibits smoking in most enclosed, indoor locations that are
accessible to the public unless there has been a specific area that has been designated
a smoking area. Under this substitute amendment, designated smoking areas may
no longer be permitted in any place of employment with exceptions for private
residences, designated smoking rooms in lodging establishments, and certain
retirement homes. The substitute amendment defines "a place of employment" to be
any indoor area that employees normally frequent during the course of employment
such as a work area, an employee lounge, a restroom, a conference room, a meeting
room, a classroom, or a hallway. Other locations where designated smoking areas
may no longer be permitted under the substitute amendment, regardless of whether
they meet the definition of "place of employment," include the following:
1. Mass transit vehicles and school buses.
2. Schools and other educational facilities.
3. Residence halls and dormitories of colleges and universities.
4. Inpatient health care facilities, such as community-based residential
facilities and nursing homes.
5. Prisons, jails, and juvenile correction facilities.
6. Mental health institutions and hospitals where the primary purpose is the
treatment of mental illness, alcoholism, or drug abuse.
7. Centers for the developmentally disabled.
8. Restaurants and taverns, as described below.
9. Retail establishments.
10. Public waiting rooms.
11. Governmental buildings.
Current law also provides exceptions from the prohibition against smoking for
bowling centers, halls used for private functions, for rooms in which the main
occupants are smokers, and for areas of facilities that are used to manufacture or
assemble goods, products, or merchandise. This substitute amendment eliminates
these exceptions.
Current law allows smoking in any restaurant that has a seating capacity of 50
individuals or less, or that holds a liquor license, if the sale of alcohol beverages
accounts for more than 50 percent of the restaurant's receipts. This substitute
amendment prohibits smoking in any restaurant regardless of seating capacity or
the number of liquor sale receipts.
Current law allows smoking in any tavern holding a "Class B" intoxicating
liquor license or Class "B" fermented malt beverage license, issued by a municipality
(liquor license). This substitute amendment prohibits smoking in any restaurant or
tavern.
The substitute amendment, however, requires that the contents of this
legislation be presented as a question to the voters in a referendum in the November
2006 general election. The provisions of this legislation will not take effect unless
the referendum question is approved by a majority of all votes cast on the question
at the election. If approved, the legislation will take effect on June 1, 2008.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
AB414-SSA2, s. 1
1Section
1
. 101.123 (1) (am) of the statutes is amended to read:
AB414-SSA2,3,52
101.123
(1) (am) "Hospital" has the meaning given in s. 50.33 (2), except that
3"hospital" does not include a nursing home licensed under s. 50.03 that is operated
4in connection with a hospital
or a retirement home that is operated in connection
5with a hospital.
AB414-SSA2, s. 2
6Section
2. 101.123 (1) (b) of the statutes is amended to read:
AB414-SSA2,3,97
101.123
(1) (b) "Inpatient health care facility" means
a hospital, a county home
8established under s. 49.70, a county infirmary established under s. 49.72
or, a
9community-based residential facility or a nursing home licensed under s. 50.03.
AB414-SSA2, s. 3
10Section
3. 101.123 (1) (bn) of the statutes is created to read:
AB414-SSA2,3,1111
101.123
(1) (bn) "Lodging establishment" means any of the following:
AB414-SSA2,3,1212
1. A bed and breakfast establishment, as defined in s. 254.61 (1).
AB414-SSA2,3,1313
2. A hotel, as defined in s. 254.61 (3).
AB414-SSA2,3,1414
3. A tourist rooming house, as defined in s. 254.61 (6).
AB414-SSA2, s. 6
17Section
6. 101.123 (1) (d) of the statutes is amended to read:
AB414-SSA2,4,4
1101.123
(1) (d) "Person in charge" means the person who ultimately controls,
2governs or directs the activities
aboard a public conveyance or within a place where
3smoking is
prohibited or regulated under this section, regardless of the person's
4status as owner or lessee.
AB414-SSA2, s. 8
6Section
8. 101.123 (1) (dj) of the statutes is created to read:
AB414-SSA2,4,117
101.123
(1) (dj) "Place of employment" means any indoor area that employees
8normally frequent during the course of employment, including a work area, an
9employee lounge, a restroom, a conference room, a meeting room, a classroom, a
10hallway, a vehicle, or a cafeteria that is provided by the employer. "Place of
11employment" does not include any of the following:
AB414-SSA2,4,1212
1. A private residence.
AB414-SSA2,4,1313
2. A room used by a person in a retirement home as his or her residence.
AB414-SSA2,4,1414
3. A hotel room in which smoking is permitted under sub. (3m).
AB414-SSA2, s. 9
15Section
9. 101.123 (1) (dm) of the statutes is amended to read:
AB414-SSA2,4,1916
101.123
(1) (dm) "Prison" means a prison described in s. 302.01
, except it does
17not include the correctional institution under s. 301.046 (1) if the institution is the
18prisoner's place of residence and does not include a Type 2 prison, as defined in s.
19301.01 (6).
AB414-SSA2, s. 10
20Section
10. 101.123 (1) (e) of the statutes is renumbered 101.123 (1) (cm) and
21amended to read:
AB414-SSA2,4,2422
101.123
(1) (cm)
"Public conveyance" "Passenger vehicle" means
a mass transit
23vehicles vehicle as defined
by in s. 340.01 (28m)
, a motor bus as defined in s. 340.01
24(31), and
a school
buses bus as defined
by in s. 340.01 (56).
AB414-SSA2,5,2
1101.123
(1) (f) "Restaurant" means an establishment
as defined in s. 254.61 (5)
2with a seating capacity of more than 50 persons.
