Amendment SSA2-AB414

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AB414-SSA2, s. 15 Section 15. 101.123 (2) (title) of the statutes is repealed and recreated to read: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 of the statutes is repealed and recreated to read: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 of the statutes is repealed and recreated to read: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 of the statutes is repealed and recreated to read: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AB414-SSA2, s. 26 Section 26. 101.123 (2) (am) of the statutes is repealed.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.

AB414-SSA2, s. 37 Section 37. 101.123 (4m) (title) of the statutes is created to read:

AB414-SSA2,7,25 101.123 (4m) (title) Local regulation.

AB414-SSA2, s. 38 Section 38. 101.123 (5) (title) of the statutes is repealed and recreated to read:

AB414-SSA2,8,2 101.123 (5) (title) Signs.

AB414-SSA2, s. 39 Section 39. 101.123 (5) (intro.) and (a) of the statutes are consolidated, renumbered 101.123 (5) (am) and amended to read:

AB414-SSA2,8,7 101.123 (5) (am) The person in charge of a place in which smoking is prohibited or his or her agent shall: (a) Post post signs identifying designated smoking areas; and outlining the prohibitions against smoking, as specified in this section.

AB414-SSA2, s. 40 Section 40. 101.123 (5) (b) of the statutes is repealed.

AB414-SSA2, s. 41 Section 41. 101.123 (6) (title) of the statutes is repealed.

AB414-SSA2, s. 42 Section 42. 101.123 (6) of the statutes is renumbered 101.123 (5) (bn) and amended to read:

AB414-SSA2,8,15 101.123 (5) (bn) The department shall, by rule, specify uniform dimensions and other characteristics of the signs used to designate smoking areas required under par. (am). These rules may not require the use of signs that are more expensive than is necessary to accomplish their purpose.

AB414-SSA2, s. 43 Section 43. 101.123 (7) (title) of the statutes is repealed.

AB414-SSA2, s. 44 Section 44. 101.123 (7) of the statutes is renumbered 101.123 (5) (c) and amended to read:

AB414-SSA2,8,21 101.123 (5) (c) The department shall arrange with the department of administration to have the signs that are required under par. (am) prepared and made available to state agencies for use in state facilities.

AB414-SSA2, s. 45 Section 45. 101.123 (8) (a) of the statutes is amended to read:

AB414-SSA2,9,2 101.123 (8) (a) Any Except as provided in par. (b), any person who willfully violates sub. (2) (a), (am) 1., (bm), (br), or (bv) after being advised by an employee of the facility that smoking in the area is prohibited or any person in charge or his or her agent who willfully fails to comply with sub. (5) (am) shall forfeit not more than $10.

AB414-SSA2, s. 46 Section 46. 101.123 (8) (b) of the statutes is amended to read:

AB414-SSA2,9,7 101.123 (8) (b) Any person who willfully violates sub. (2) (ar) (a) 10. or (d) 1. by smoking in the state capitol building or in the vicinity of the state capitol building after being advised by an employee of the facility state capitol building that smoking in the area is prohibited shall forfeit not more than $50.

AB414-SSA2, s. 47 Section 47. 165.60 of the statutes, as affected by 2005 Wisconsin Act 86, is amended to read:

AB414-SSA2,9,16 165.60 Law enforcement. The department of justice is authorized to enforce ss. 101.123 (2), (5) (am), and (8), 944.30, 944.31, 944.33, 944.34, 945.02 (2), 945.03 (1m), and 945.04 (1m) and ch. 108 and is invested with the powers conferred by law upon sheriffs and municipal police officers in the performance of those duties. This section does not deprive or relieve sheriffs, constables, and other local police officers of the power and duty to enforce those sections, and those officers shall likewise enforce those sections.

AB414-SSA2, s. 48 Section 48. 165.755 (1) (b) of the statutes is amended to read:

AB414-SSA2,9,24 165.755 (1) (b) A court may not impose the crime laboratories and drug law enforcement surcharge under par. (a) for a violation of s. 101.123 (2) (a), (am) 1., (ar), (bm), (br), or (bv) or (5) (b), for a first violation of s. 23.33 (4c) (a) 2., 30.681 (1) (b) 1., 346.63 (1) (b), or 350.101 (1) (b), if the person who committed the violation had a blood alcohol concentration of 0.08 or more but less than 0.1 at the time of the violation, or for a violation of a state law or municipal or county ordinance involving a nonmoving traffic violation or a safety belt use violation under s. 347.48 (2m).

AB414-SSA2, s. 49 Section 49. 302.46 (1) (a) of the statutes is amended to read:

AB414-SSA2,10,13 302.46 (1) (a) On or after October 1, 1987, if a court imposes a fine or forfeiture for a violation of state law or for a violation of a municipal or county ordinance except for a violation of s. 101.123 (2) (a), (am) 1., (ar), (bm), (br), or (bv) or (5) (am), or for a first violation of s. 23.33 (4c) (a) 2., 30.681 (1) (b) 1., 346.63 (1) (b), or 350.101 (1) (b), if the person who committed the violation had a blood alcohol concentration of 0.08 or more but less than 0.1 at the time of the violation, or for a violation of state laws or municipal or county ordinances involving nonmoving traffic violations or safety belt use violations under s. 347.48 (2m), the court, in addition, shall impose a jail surcharge under ch. 814 in an amount of 1% of the fine or forfeiture imposed or $10, whichever is greater. If multiple offenses are involved, the court shall determine the jail surcharge on the basis of each fine or forfeiture. If a fine or forfeiture is suspended in whole or in part, the court shall reduce the jail surcharge in proportion to the suspension.

AB414-SSA2, s. 50 Section 50. 460.01 (5) of the statutes is amended to read:

AB414-SSA2,10,17 460.01 (5) "Physician's office" has the meaning given in s. 101.123 (1) (dg) means a place, other than a residence or a hospital, that is used primarily to provide medical care and treatment.

AB414-SSA2, s. 51 Section 51. 757.05 (1) (a) of the statutes, as affected by 2005 Wisconsin Act 60, is amended to read:

AB414-SSA2,11,6 757.05 (1) (a) Whenever a court imposes a fine or forfeiture for a violation of state law or for a violation of a municipal or county ordinance except for a violation of s. 101.123 (2) (a), (am) 1., (ar), (bm), (br), or (bv) or (5) (am), or for a first violation of s. 23.33 (4c) (a) 2., 30.681 (1) (b) 1., 346.63 (1) (b), or 350.101 (1) (b), if the person who committed the violation had a blood alcohol concentration of 0.08 or more but less than 0.1 at the time of the violation, or for a violation of state laws or municipal or county ordinances involving nonmoving traffic violations or safety belt use violations under s. 347.48 (2m), there shall be imposed in addition a penalty surcharge under ch. 814 in an amount of 26 percent of the fine or forfeiture imposed. If multiple offenses are involved, the penalty surcharge shall be based upon the total fine or forfeiture for all offenses. When a fine or forfeiture is suspended in whole or in part, the penalty surcharge shall be reduced in proportion to the suspension.

AB414-SSA2, s. 52 Section 52 . 814.63 (1) (c) of the statutes is amended to read:

AB414-SSA2,11,13 814.63 (1) (c) This subsection does not apply to an action for a violation of s. 101.123 (2) (a), (am) 1., (ar), (bm), (br), or (bv) or (5) (am), for a first violation of s. 23.33 (4c) (a) 2., 30.681 (1) (b) 1., 346.63 (1) (b), or 350.101 (1) (b), if the person who committed the violation had a blood alcohol concentration of 0.08 or more but less than 0.1 at the time of the violation, or for a violation of a safety belt use violation under s. 347.48 (2m).

AB414-SSA2, s. 53 Section 53 . Nonstatutory provisions.

AB414-SSA2,11,18 (1 ) Referendum. There shall be submitted to the vote of the electors at the general election in November 2006 the following question: "Shall sections 1 to 52 of 2005 Wisconsin Act .... (this act) become law effective June 1, 2008, thus changing current state law in the following ways:

AB414-SSA2,11,20 (a) Increases the closed indoor areas where smoking is prohibited in this state to include all restaurants, regardless of size, and all taverns.

AB414-SSA2,11,24 (b) Prohibits smoking, or eliminates the authority to designate smoking areas, in all public transit vehicles and all buildings and other closed, indoor areas that employees normally frequent except for private residences, private rooms in retirement homes, and up to 25 percent of the rooms in lodging establishments?"

AB414-SSA2,12,3 (2) Results of referendum. If the question under subsection (1) is approved by a majority of all votes cast on the question at the election, Sections 1 to 52 of this act shall become law; otherwise Sections 1 to 52 of this act shall not take effect.

AB414-SSA2, s. 54 Section 54. Effective dates.

AB414-SSA2,12,5 (1) Section 53 of this act takes effect on the day after publication.

AB414-SSA2,12,13 (2) The treatment of sections 101.123 (1) (am), (b), (bn), (br), (c), (d), (dg), (dj), (dm), (e), (f), (g), (im), and (j), (2) (title), (a) (intro.), 1., 2m., 4., 5., 5m., 5t., 7m., 9m., and 10., (am), (ar), (b), (bm), (br), (bv), (c), and (d) (intro.), (3), (3m), (4), (4m) (title), (5) (title), (intro.), (a), and (b), and (8) (a) and (b), 165.60, 165.755 (1) (b), 302.46 (1) (a), 460.01 (5), 757.05(1) (a), and 814.63 (1) (c) of the statutes, the repeal of section 101.123 (6) (title) and (7) (title) of the statutes, and the renumbering of section 101.123 (6) and (7) of the statutes take effect on June 1, 2008, if the condition set forth in Section 53 (1) of this act is satisfied.

AB414-SSA2,12,14 (End)