SB174: Bill Text

SB174,4,11 101.123 (2) (a) 11. Indoor shopping malls.

SB174, s. 8 Section 8. 101.123 (2) (a) 12. of the statutes is created to read:

SB174,4,13 101.123 (2) (a) 12. Common areas of privately owned residential buildings.

SB174, s. 9 Section 9. 101.123 (2) (c) of the statutes is renumbered 101.123 (2) (c) (intro.) and amended to read:

SB174,4,16 101.123 (2) (c) (intro.) This section does not limit the any of the following:

SB174,4,19 1. The authority of any county, city, village or town to enact ordinances or of any school district to adopt policies that, complying with the purpose of this section, protect the health and comfort of the public.

SB174, s. 10 Section 10. 101.123 (2) (c) 2. and 3. of the statutes are created to read:

SB174,4,23 101.123 (2) (c) 2. The authority of the board of regents of the University of Wisconsin System under s. 36.11 (27) to prohibit the use of cigarettes and tobacco products on property that is subject to its jurisdiction.

SB174,5,3 3. The authority of a person who owns, rents or leases a building, or an area of a building, to prohibit smoking in that building or area of that building owned, leased or rented by, or under the control of, that person.

SB174, s. 11 Section 11. 101.123 (9) (title) of the statutes is amended to read:

SB174,5,5 101.123 (9) (title) Injunction Enforcement and injunction.

SB174, s. 12 Section 12. 101.123 (9) of the statutes is renumbered 101.123 (9) (b) and amended to read:

SB174,5,10 101.123 (9) (b) Notwithstanding s. 165.60 par. (a), state or local officials or any affected party may institute an action in any court with jurisdiction to enjoin repeated violations of this section.

SB174, s. 13 Section 13. 101.123 (9) (a) of the statutes is created to read:

SB174,5,15 101.123 (9) (a) The department of justice, together with sheriffs, constables and other local police officers, shall enforce this section as provided under s. 165.60. In addition, the department of health and family services under s. 254.69 shall enforce this section with respect to restaurants as provided under s. 254.85.

SB174, s. 14 Section 14. 165.60 of the statutes is amended to read:

SB174,6,2 165.60 Law enforcement. The department of justice is authorized to enforce ss. 101.123 (2), (5) and (8) and (5), 944.30, 944.31, 944.33, 944.34, 945.02 (2), 945.03 and 945.04 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, nor does this section deprive or relieve the department of health and family services, or a local health department that is an agent of the department of health and family services under s. 254.69, of the power and duty to enforce s. 101.123 (2) and (5) with respect to restaurants, and those departments shall likewise enforce s. 101.123 (2) and (5).

SB174, s. 15 Section 15. 254.69 (2) (am) of the statutes is amended to read:

SB174,7,2 254.69 (2) (am) In the administration of this subchapter , s. 101.123 with respect to restaurants or s. 254.47, the department may enter into a written agreement with a local health department with a jurisdictional area that has a population greater than 5,000, which designates the local health department as the department's agent in issuing permits to and making investigations or inspections of hotels, restaurants, temporary restaurants, tourist rooming houses, bed and breakfast establishments, campgrounds and camping resorts, recreational and educational camps and public swimming pools. In a jurisdictional area of a local health department without agent status, the department of health and family services may issue permits, collect permit fees established by rule under s. 254.68 and make investigations or inspections of hotels, restaurants, temporary restaurants, tourist rooming houses, bed and breakfast establishments, campgrounds and camping resorts, recreational and educational camps and public swimming pools. If the department designates a local health department as its agent, the department or local health department may require no permit for the same operations other than the permit issued by the local health department under this subsection. The department shall coordinate the designation of agents under this subsection with the department of agriculture, trade and consumer protection to ensure that, to the extent feasible, the same local health department is granted agent status under this subsection and under s. 97.41. Except as otherwise provided by the department, a local health department granted agent status shall regulate all types of establishments for which this subchapter permits the department of health and family services to delegate regulatory authority.

SB174, s. 16 Section 16. 254.69 (2) (c) of the statutes is amended to read:

SB174,7,7 254.69 (2) (c) The department shall provide education and training to agents designated under this subsection to ensure uniformity in the enforcement of this subchapter, s. 101.123 with respect to restaurants, s. 254.47 and rules promulgated under this subchapter and s. 254.47.

SB174, s. 17 Section 17. 254.69 (2) (g) of the statutes is amended to read:

SB174,7,15 254.69 (2) (g) A village, city or county may adopt ordinances and a local board of health may adopt regulations regarding the permittees and premises for which the local health department is the designated agent under this subsection, which are stricter than this subchapter, s. 101.123 with respect to restaurants, s. 254.47 or rules promulgated by the department of health and family services under this subchapter or s. 254.47. No such provision may conflict with this subchapter or with department rules.

SB174, s. 18 Section 18. 254.74 (1) (a) of the statutes is amended to read:

SB174,7,21 254.74 (1) (a) Administer and enforce this subchapter, the rules promulgated under this subchapter and any other rules or laws relating to the public health and safety in hotels, tourist rooming houses, bed and breakfast establishments, restaurants, vending machine commissaries, vending machines and vending machine locations, including s. 101.123 with respect to restaurants.

SB174, s. 19 Section 19. 254.85 (1) of the statutes is amended to read:

SB174,8,7 254.85 (1) The department may enter, at reasonable hours, any premises for which a permit is required under this subchapter or s. 254.47 to inspect the premises, secure samples or specimens, examine and copy relevant documents and records or obtain photographic or other evidence needed to enforce this subchapter, s. 101.123 with respect to restaurants or s. 254.47. If samples of food are taken, the department shall pay or offer to pay the market value of the samples taken. The department shall examine the samples and specimens secured and shall conduct other inspections and examinations needed to determine whether there is a violation of this subchapter, s. 101.123 with respect to restaurants, s. 254.47 or rules promulgated by the department under this subchapter or s. 254.47.

SB174, s. 20 Section 20. 254.85 (4) of the statutes is amended to read:

SB174,8,14 254.85 (4) A proceeding under this section, or the issuance of a permit for the premises after notification of procedures under this section, does not constitute a waiver by the department of its authority to rely on a violation of this subchapter, s. 101.123 with respect to restaurants, s. 254.47 or any rule promulgated under this subchapter or s. 254.47 as the basis for any subsequent suspension or revocation of the permit or any other enforcement action arising out of the violation.

SB174,8,15 (End)