Amendment SSA2-AB414

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 Section 1 . 101.123 (1) (am) of the statutes is amended to read:

AB414-SSA2,3,5 101.123 (1) (am) "Hospital" has the meaning given in s. 50.33 (2), except that "hospital" does not include a nursing home licensed under s. 50.03 that is operated in connection with a hospital or a retirement home that is operated in connection with a hospital.

AB414-SSA2, s. 2 Section 2. 101.123 (1) (b) of the statutes is amended to read:

AB414-SSA2,3,9 101.123 (1) (b) "Inpatient health care facility" means a hospital, 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.

AB414-SSA2, s. 3 Section 3. 101.123 (1) (bn) of the statutes is created to read:

AB414-SSA2,3,11 101.123 (1) (bn) "Lodging establishment" means any of the following:

AB414-SSA2,3,12 1. A bed and breakfast establishment, as defined in s. 254.61 (1).

AB414-SSA2,3,13 2. A hotel, as defined in s. 254.61 (3).

AB414-SSA2,3,14 3. A tourist rooming house, as defined in s. 254.61 (6).

AB414-SSA2, s. 4 Section 4. 101.123 (1) (br) of the statutes is repealed.

AB414-SSA2, s. 5 Section 5. 101.123 (1) (c) of the statutes is repealed.

AB414-SSA2, s. 6 Section 6. 101.123 (1) (d) of the statutes is amended to read:

AB414-SSA2,4,4 101.123 (1) (d) "Person in charge" means the person who ultimately controls, governs or directs the activities aboard a public conveyance or within a place where smoking is prohibited or regulated under this section, regardless of the person's status as owner or lessee.

AB414-SSA2, s. 7 Section 7. 101.123 (1) (dg) of the statutes is repealed.

AB414-SSA2, s. 8 Section 8. 101.123 (1) (dj) of the statutes is created to read:

AB414-SSA2,4,11 101.123 (1) (dj) "Place of employment" means any indoor area that employees normally frequent during the course of employment, including a work area, an employee lounge, a restroom, a conference room, a meeting room, a classroom, a hallway, a vehicle, or a cafeteria that is provided by the employer. "Place of employment" does not include any of the following:

AB414-SSA2,4,12 1. A private residence.

AB414-SSA2,4,13 2. A room used by a person in a retirement home as his or her residence.

AB414-SSA2,4,14 3. A hotel room in which smoking is permitted under sub. (3m).

AB414-SSA2, s. 9 Section 9. 101.123 (1) (dm) of the statutes is amended to read:

AB414-SSA2,4,19 101.123 (1) (dm) "Prison" means a prison described in s. 302.01, except it does not include the correctional institution under s. 301.046 (1) if the institution is the prisoner's place of residence and does not include a Type 2 prison, as defined in s. 301.01 (6).

AB414-SSA2, s. 10 Section 10. 101.123 (1) (e) of the statutes is renumbered 101.123 (1) (cm) and amended to read:

AB414-SSA2,4,24 101.123 (1) (cm) "Public conveyance" "Passenger vehicle" means a mass transit vehicles vehicle as defined by in s. 340.01 (28m), a motor bus as defined in s. 340.01 (31), and a school buses bus as defined by in s. 340.01 (56).

AB414-SSA2, s. 11 Section 11. 101.123 (1) (f) of the statutes is amended to read:

AB414-SSA2,5,2 101.123 (1) (f) "Restaurant" means an establishment as defined in s. 254.61 (5) with a seating capacity of more than 50 persons.

AB414-SSA2, s. 12 Section 12. 101.123 (1) (g) of the statutes is amended to read:

AB414-SSA2,5,7 101.123 (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.

AB414-SSA2, s. 13 Section 13. 101.123 (1) (im) of the statutes is created to read:

AB414-SSA2,5,10 101.123 (1) (im) "Tavern" means an establishment operating under a "Class B" intoxicating liquor license or Class "B" fermented malt beverages license.

AB414-SSA2, s. 14 Section 14. 101.123 (1) (j) of the statutes, as affected by 2005 Wisconsin Act 344, is renumbered 101.123 (1) (bj) and amended to read:

AB414-SSA2,5,15 101.123 (1) (bj) "Type 1 juvenile Juvenile secured correctional facility" has the meaning given in means a Type 1 juvenile correctional facility, as defined in s. 938.02 (19) or a Type 2 juvenile correctional facility, as defined in s. 938.02 (20).

AB414-SSA2, s. 15 Section 15. 101.123 (2) (title) of the statutes is repealed and recreated to read:

AB414-SSA2,5,17 101.123 (2) (title) Prohibition of smoking in indoor areas.

AB414-SSA2, s. 16 Section 16. 101.123 (2) (a) (intro.) of the statutes is amended to read:

AB414-SSA2,5,20 101.123 (2) (a) (intro.) Except as provided in sub. (3), no No person may smoke in the following enclosed, indoor places:

AB414-SSA2, s. 17 Section 17. 101.123 (2) (a) 1. of the statutes is repealed and recreated to read:

AB414-SSA2,5,22 101.123 (2) (a) 1. Passenger vehicles.

AB414-SSA2, s. 18 Section 18. 101.123 (2) (a) 2m. of the statutes is created to read:

AB414-SSA2,5,25 101.123 (2) (a) 2m. Residence halls and dormitories of universities and colleges.

AB414-SSA2, s. 19 Section 19. 101.123 (2) (a) 4. of the statutes is repealed and recreated to read:

AB414-SSA2,6,2 101.123 (2) (a) 4. Theaters.

AB414-SSA2, s. 20 Section 20. 101.123 (2) (a) 5. of the statutes is repealed and recreated to read:

AB414-SSA2,6,4 101.123 (2) (a) 5. Places of employment.

AB414-SSA2, s. 21 Section 21. 101.123 (2) (a) 5m. of the statutes is created to read:

AB414-SSA2,6,7 101.123 (2) (a) 5m. Lockup facilities, jails, juvenile secured correctional facilities, and prisons.

AB414-SSA2, s. 22 Section 22. 101.123 (2) (a) 5t. of the statutes is created to read:

AB414-SSA2,6,9 101.123 (2) (a) 5t. State institutions.

AB414-SSA2, s. 23 Section 23. 101.123 (2) (a) 7m. of the statutes is created to read:

AB414-SSA2,6,11 101.123 (2) (a) 7m. Taverns.

AB414-SSA2, s. 24 Section 24. 101.123 (2) (a) 9m. of the statutes is created to read:

AB414-SSA2,6,13 101.123 (2) (a) 9m. Lodging establishments except as provided in sub. (3m).

AB414-SSA2, s. 25 Section 25. 101.123 (2) (a) 10. of the statutes is amended to read:

AB414-SSA2,6,16 101.123 (2) (a) 10. Any enclosed, indoor area of a state State, county, city, village or and town building buildings.

AB414-SSA2, s. 26 Section 26. 101.123 (2) (am) of the statutes is repealed.

AB414-SSA2, s. 27 Section 27. 101.123 (2) (ar) of the statutes is renumbered 101.123 (2) (d) 1. and amended to read:

AB414-SSA2,6,21 101.123 (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.

AB414-SSA2, s. 28 Section 28. 101.123 (2) (b) of the statutes is repealed.

AB414-SSA2, s. 29 Section 29. 101.123 (2) (bm) of the statutes is renumbered 101.123 (2) (d) 2. and amended to read:

AB414-SSA2,7,3 101.123 (2) (d) 2. Notwithstanding par. (a) and sub. (3), no person may smoke Outside on the premises, indoors or outdoors, of a day care center when children who are receiving day care services are present.

AB414-SSA2, s. 30 Section 30. 101.123 (2) (br) of the statutes, as affected by 2005 Wisconsin Act 344, is renumbered 101.123 (2) (d) 3. and amended to read:

AB414-SSA2,7,8 101.123 (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 On the grounds of a Type 1 juvenile correctional facility.

AB414-SSA2, s. 31 Section 31. 101.123 (2) (bv) of the statutes is renumbered 101.123 (2) (d) 4.and amended to read:

AB414-SSA2,7,14 101.123 (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.

AB414-SSA2, s. 32 Section 32. 101.123 (2) (c) of the statutes is renumbered 101.123 (4m).

AB414-SSA2, s. 33 Section 33. 101.123 (2) (d) (intro.) of the statutes is created to read:

AB414-SSA2,7,18 101.123 (2) (d) (intro.) No person may smoke at any of the following outdoor locations:

AB414-SSA2, s. 34 Section 34. 101.123 (3) of the statutes is repealed.

AB414-SSA2, s. 35 Section 35. 101.123 (3m) of the statutes is created to read:

AB414-SSA2,7,22 101.123 (3m) Lodging. A lodging establishment may not designate more than 25 percent of its rooms as rooms in which smoking is permitted.

AB414-SSA2, s. 36 Section 36. 101.123 (4) of the statutes is repealed.