SB411: Bill Text

SB411,4,9 101.123 (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, or a facility that is operated by this state.

SB411, s. 3 Section 3. 101.123 (1) (dm) of the statutes is repealed.

SB411, s. 4 Section 4. 101.123 (1) (i) of the statutes is repealed.

SB411, s. 5 Section 5. 101.123 (2) (a) 10. of the statutes is amended to read:

SB411,4,14 101.123 (2) (a) 10. Any enclosed, indoor area of a state, county, city, village, or town building.

SB411, s. 6 Section 6. 101.123 (2) (af) of the statutes is created to read:

SB411,4,18 101.123 (2) (af) Notwithstanding par. (a) and sub. (3), and except as provided in sub. (4) (af), no person may smoke in a building that is owned or leased by this state.

SB411, s. 7 Section 7. 101.123 (2) (ar) of the statutes is amended to read:

SB411,4,21 101.123 (2) (ar) Notwithstanding par. (a) and sub. (3), no person may smoke in the state capitol building or in the immediate vicinity of the state capitol.

SB411, s. 8 Section 8. 101.123 (2) (b) of the statutes is amended to read:

SB411,4,24 101.123 (2) (b) The prohibition prohibitions in pars. (a), (af), and (am) 1. applies apply only to enclosed, indoor areas.

SB411, s. 9 Section 9. 101.123 (2) (br) of the statutes is amended to read:

SB411,5,3 101.123 (2) (br) Notwithstanding par. (a) and sub. (3), no person may smoke in any enclosed, indoor area of a Type 1 secured correctional facility or on the grounds of a Type 1 secured correctional facility.

SB411, s. 10 Section 10. 101.123 (3) (gg) to (gr) of the statutes are repealed.

SB411, s. 11 Section 11. 101.123 (4) (a) 2. of the statutes is amended to read:

SB411,5,19 101.123 (4) (a) 2. A person in charge, or his or her agent, may not designate an entire building as a smoking area or, may not designate any smoking areas in the state capitol building, buildings that are owned or leased by this state, except as provided in par. (af), and may not designate any smoking areas in the immediate vicinity of the state capitol, in a Type 1 secured correctional facility, on the grounds of a Type 1 secured correctional facility, in a motor bus, hospital , or physician's office, or on the premises, indoors or outdoors, of a day care center when children who are receiving day care services are present, except that in a hospital or a unit of a hospital that has as its primary purpose the care and treatment of mental illness, alcoholism, or drug abuse a person in charge or his or her agent may designate one or more enclosed rooms with outside ventilation as smoking areas for the use of adult patients who have the written permission of a physician. Subject to this subdivision, par. (af), and sub. (3) (b), a person in charge or his or her agent may not designate an entire room as a smoking area.

SB411, s. 12 Section 12. 101.123 (4) (af) of the statutes is created to read:

SB411,6,2 101.123 (4) (af) A person in charge of any building that is owned or leased by this state where individuals reside, other than a Type 1 secured correctional facility, may designate as a smoking area any room within the building that is used primarily as an individual's living quarters, if all individuals who use the room primarily as living quarters consent. Subsection (2) (af) does not apply to any smoking area designated under this paragraph.

SB411, s. 13 Section 13. 101.123 (4) (am) 1. of the statutes is repealed.

SB411, s. 14 Section 14. 101.123 (4) (am) 3. of the statutes is amended to read:

SB411,6,6 101.123 (4) (am) 3. Except in a prison, jail or lockup facility, an entire building may not be designated as a smoking area.

SB411, s. 15 Section 15. 101.123 (4) (bm) of the statutes is amended to read:

SB411,6,16 101.123 (4) (bm) The person in charge of a state institution, jail or lockup facility, or his or her agent, shall post notice of the designation of a smoking area under par. (am) in or near the area designated. If an entire room is designated a smoking area, the person in charge, or his or her agent, shall post notice of the designation conspicuously on or near all normally used entrances to the room. If an entire building in a prison, jail or lockup facility is designated a smoking area, the person in charge, or his or her agent, shall post notice of the designation on or near all normally used entrances to the building, but need not post notice of the designation on or near entrances to rooms within the building.

SB411, s. 16 Section 16. 101.123 (8) (b) of the statutes is amended to read:

SB411,6,20 101.123 (8) (b) Any person who wilfully willfully violates sub. (2) (af) or (ar) after being advised by an employee of the facility that smoking in the area is prohibited shall forfeit not more than $50.

SB411, s. 17 Section 17. 165.755 (1) (b) of the statutes, as affected by 2003 Wisconsin Act 30, is amended to read:

SB411,7,4 165.755 (1) (b) A court may not impose the crime laboratories and drug law enforcement assessment under par. (a) for a violation of s. 101.123 (2) (a), (af), (am) 1., (ar), (bm), or (br) 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).

SB411, s. 18 Section 18. 302.46 (1) (a) of the statutes, as affected by 2003 Wisconsin Act 30, is amended to read:

SB411,7,19 302.46 (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), (af), (am) 1., (ar), (bm), or (br) or (5), 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 assessment 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 assessment 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 assessment in proportion to the suspension.

SB411, s. 19 Section 19. 757.05 (1) (a) of the statutes, as affected by 2003 Wisconsin Act 30, is amended to read:

SB411,8,8 757.05 (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), (af), (am) 1., (ar), (bm), or (br) or (5), 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 assessment in an amount of 24% of the fine or forfeiture imposed. If multiple offenses are involved, the penalty assessment 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 assessment shall be reduced in proportion to the suspension.

SB411, s. 20 Section 20. 814.63 (1) (c) of the statutes, as affected by 2003 Wisconsin Act 30, is amended to read:

SB411,8,16 814.63 (1) (c) This subsection does not apply to an action for a violation of s. 101.123 (2) (a), (af), (am) 1., (ar), (bm), or (br) or (5), 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).

SB411,8,17 (End)