LRB-5029/1
TAY:skg&mkd:jlb
1995 - 1996 LEGISLATURE
February 29, 1996 - Introduced by Representatives Nass, Kreibich, Ainsworth,
Freese, Skindrud
and Wasserman, cosponsored by Senator Welch. Referred
to Committee on Criminal Justice and Corrections.
AB978,1,4 1An Act to amend 101.123 (4) (am) 1., 101.123 (4) (bm), 101.123 (6) and 101.123
2(8) (a); and to create 101.123 (1) (dr) and 101.123 (2) (d) of the statutes; relat
3ing to:
prohibiting prisoners from smoking in state prisons and providing a
4penalty.
Analysis by the Legislative Reference Bureau
Current law prohibits smoking in certain specified buildings or facilities, such
as enclosed, indoor areas of a state or local government building, except in areas des
ignated by the person in charge of the building or facility. This bill prohibits prison
ers from smoking anywhere in or on the premises of state prisons. The restriction
does not apply to department of corrections employes or to prison visitors.
For further information see the state fiscal estimate, which will be printed as
an appendix to this bill.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
AB978, s. 1 5Section 1. 101.123 (1) (dr) of the statutes is created to read:
AB978,1,66 101.123 (1) (dr) "Prisoner" has the meaning given in s. 301.01 (2).
AB978, s. 2 7Section 2. 101.123 (2) (d) of the statutes is created to read:
AB978,1,98 101.123 (2) (d) Notwithstanding par. (a) and subs. (3) and (4), no prisoner may
9smoke in or on the premises of a prison.
AB978, s. 3
1Section 3. 101.123 (4) (am) 1. of the statutes is amended to read:
AB978,2,102 101.123 (4) (am) 1. The secretary of health and social services or his or her de
3signee may designate areas where smoking is permitted in a state institution other
4than a prison, unless a fire marshal, law or resolution prohibits smoking in the area.
5The secretary of corrections or his or her designee may designate areas where smok
6ing is permitted in a prison, unless a fire marshal, law or resolution prohibits smok
7ing in the area and subject to the restriction under sub. (2) (d). Either secretary or
8his or her designee may designate an entire room as a smoking area in a state institu
9tion administered by the secretary's department subject to the restriction regarding
10prisoners under sub. (2) (d)
.
AB978, s. 4 11Section 4. 101.123 (4) (bm) of the statutes is amended to read:
AB978,2,2112 101.123 (4) (bm) The person in charge of a state institution, jail or lockup facil
13ity, or his or her agent, shall post notice of the designation of a smoking area under
14par. (am) in or near the area designated. If an entire room is designated a smoking
15area, the person in charge or his or her agent shall post notice of the designation con
16spicuously on or near all normally used entrances to the room. If an entire building
17in a prison, secured correctional facility, jail or lockup facility is designated a smoking
18area, the person in charge, or his or her agent, shall post notice of the designation
19on or near all normally used entrances to the building, but need not post notice of the
20designation on or near entrances to rooms within the building. If applicable, the no
21tice shall include information about the restriction under sub. (2) (d).
AB978, s. 5 22Section 5. 101.123 (6) of the statutes is amended to read:
AB978,3,223 101.123 (6) Uniform signs. The department shall, by rule, specify uniform di
24mensions and other characteristics of signs used to designate smoking areas, includ
25ing signs for areas subject to the restriction under sub. (2) (d)
. These rules may not

1require the use of signs that are more expensive than is necessary to accomplish their
2purpose.
AB978, s. 6 3Section 6. 101.123 (8) (a) of the statutes is amended to read:
AB978,3,84 101.123 (8) (a) Any person who wilfully violates sub. (2) (a), (am) 1. or (bm) after
5being advised by an employe of the facility that smoking in the area is prohibited or
6that the person is prohibited from smoking under sub. (2) (d)
or any person in charge
7or his or her agent who wilfully fails to comply with sub. (5) shall forfeit not more than
8$10.
AB978,3,99 (End)
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