AB834: Bill Text

AB834, s. 32 Section 32. 101.123 (2) (a) 7m. of the statutes is created to read:

AB834,7,11 101.123 (2) (a) 7m. Taverns.

AB834, s. 33 Section 33. 101.123 (2) (a) 8g. of the statutes is created to read:

AB834,7,13 101.123 (2) (a) 8g. Lodging establishments except as provided in sub. (3m).

AB834, s. 34 Section 34. 101.123 (2) (a) 9. of the statutes is repealed and recreated to read:

AB834,7,17 101.123 (2) (a) 9. Any indoor place, other than the places listed in subds. 1. to 8r., that is a place of employment or that is open to the public or to which members of the public may be invited or have lawful access.

AB834, s. 35 Section 35. 101.123 (2) (a) 10. of the statutes is renumbered 101.123 (2) (a) 8r. and amended to read:

AB834,7,21 101.123 (2) (a) 8r. Any enclosed, indoor area of a state, State, county, city, village, or and town building buildings.

AB834, s. 36 Section 36. 101.123 (2) (am) of the statutes is repealed.

AB834, s. 37 Section 37. 101.123 (2) (ar) of the statutes is renumbered 101.123 (2) (d) 1. and amended to read:

AB834,8,2 101.123 (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.

AB834, s. 38 Section 38. 101.123 (2) (b) of the statutes is repealed.

AB834, s. 39 Section 39. 101.123 (2) (bm) of the statutes is renumbered 101.123 (2) (d) 2. and amended to read:

AB834,8,8 101.123 (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.

AB834, s. 40 Section 40. 101.123 (2) (br) of the statutes is renumbered 101.123 (2) (d) 3. and amended to read:

AB834,8,13 101.123 (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, as defined in s. 938.02 (19).

AB834, s. 41 Section 41. 101.123 (2) (bv) of the statutes is renumbered 101.123 (2) (d) 4. and amended to read:

AB834,8,19 101.123 (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.

AB834, s. 42 Section 42. 101.123 (2) (c) of the statutes is renumbered 101.123 (4m).

AB834, s. 43 Section 43. 101.123 (2) (d) (intro.) of the statutes is created to read:

AB834,8,23 101.123 (2) (d) (intro.) No person may smoke at any of the following outdoor locations:

AB834, s. 44 Section 44. 101.123 (2m) of the statutes is created to read:

AB834,9,3 101.123 (2m) Responsibility of persons in charge. (a) No person in charge may allow any person to smoke in violation of sub. (2) at a location that is under the control or direction of the person in charge.

AB834,9,5 (b) No person in charge may provide matches, ashtrays, or other equipment for smoking at the location where smoking is prohibited.

AB834,9,7 (c) A person in charge shall make reasonable efforts to prohibit persons from smoking at a location where smoking is prohibited by doing all of the following:

AB834,9,9 1. Posting signs setting forth the prohibition and providing other appropriate notification and information concerning the prohibition.

AB834,9,10 2. Refusing to serve a person, if the person is smoking in a restaurant or tavern.

AB834,9,12 3. Asking a person who is smoking to refrain from smoking and, if the person refuses to do so, asking the person to leave the location.

AB834,9,15 (d) If a person refuses to leave a location after being requested to do so as provided in par. (c) 3., the person in charge shall immediately notify an appropriate law enforcement agency of the violation.

AB834,9,18 (e) A person in charge may take measures in addition to those listed in pars. (b) and (c) to prevent persons from being exposed to others who are smoking or to further ensure compliance with this section.

AB834, s. 45 Section 45. 101.123 (3) (intro.) of the statutes is amended to read:

AB834,9,21 101.123 (3) Exceptions. (intro.) The regulation of prohibition against smoking in sub. (2) (a) does not apply to the following places:

AB834, s. 46 Section 46. 101.123 (3) (a) to (gr) of the statutes are repealed.

AB834, s. 47 Section 47. 101.123 (3) (h) of the statutes is created to read:

AB834,9,24 101.123 (3) (h) A private residence.

AB834, s. 48 Section 48. 101.123 (3) (i) of the statutes is created to read:

AB834,10,2 101.123 (3) (i) A room used by a person in a retirement home as his or her residence.

AB834, s. 49 Section 49. 101.123 (3) (j) of the statutes is created to read:

AB834,10,7 101.123 (3) (j) A room in a retirement home in which 2 or more persons reside if every person who lives in that room smokes and each of those persons has made a written request to the person in charge of the retirement home to be placed in a room where smoking is allowed.

AB834, s. 50 Section 50. 101.123 (3) (k) of the statutes is created to read:

AB834,10,10 101.123 (3) (k) A room in a lodging establishment that has been designated as a room where smoking is allowed, as provided under sub. (3m).

AB834, s. 51 Section 51. 101.123 (3) (ks) of the statutes is created to read:

AB834,10,13 101.123 (3) (ks) A retail establishment that sells tobacco products, as provided under sub. (3r).

AB834, s. 52 Section 52. 101.123 (3m) of the statutes is created to read:

AB834,10,17 101.123 (3m) Lodging. (a) Except as provided in par. (b), the owner of a lodging establishment may designate not more than 25 percent of the guest rooms in the lodging establishment as guest rooms in which smoking is permitted.

AB834,10,20 (b) If a lodging establishment has less than 4 rooms, the owner of the lodging establishment may designate one guest room as a guest room in which smoking is permitted.

AB834, s. 53 Section 53. 101.123 (3r) of the statutes is created to read:

AB834,11,2 101.123 (3r) Tobacco retailers. The owner of a retail establishment selling tobacco products may allow customers to sample tobacco, tobacco products, and tobacco product accessories in order for the customers to determine whether to make a purchase if the retail establishment derives not less than 80 percent of its annual gross income from the on-site sale of tobacco, tobacco products, and tobacco product accessories.

AB834, s. 54 Section 54. 101.123 (4) of the statutes is repealed.

AB834, s. 55 Section 55. 101.123 (4m) (title) of the statutes is created to read:

AB834,11,5 101.123 (4m) (title) Local regulation.

AB834, s. 56 Section 56. 101.123 (5) of the statutes is repealed.

AB834, s. 57 Section 57. 101.123 (6) of the statutes is amended to read:

AB834,11,11 101.123 (6) Uniform signs. The department shall, by rule, specify uniform dimensions and other characteristics of the signs used to designate smoking areas required under sub. (2m). These rules may not require the use of signs that are more expensive than is necessary to accomplish their purpose.

AB834, s. 58 Section 58. 101.123 (7) of the statutes is amended to read:

AB834,11,15 101.123 (7) Signs for state agencies. The department shall arrange with the department of administration to have the signs prepared and made available to state agencies for use in state facilities that set forth the prohibition against smoking.

AB834, s. 59 Section 59. 101.123 (8) (a) of the statutes is amended to read:

AB834,11,20 101.123 (8) (a) 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) shall forfeit not less than $10 and not more than $10 $100 per violation.

AB834, s. 60 Section 60. 101.123 (8) (b) of the statutes is repealed.

AB834, s. 61 Section 61. 101.123 (8) (c) of the statutes is repealed.

AB834, s. 62 Section 62. 101.123 (8) (d) of the statutes is created to read:

AB834,11,25 101.123 (8) (d) Any person in charge who violates sub. (2m) shall be subject to a forfeiture as follows:

AB834,12,1 1. Not less than $50 nor more than $100 for the first violation.

AB834,12,2 2. Not less than $100 nor more than $200 for the 2nd violation.

AB834,12,4 3. Not less than $200 nor more than $500 for the 3rd or any subsequent violation.

AB834, s. 63 Section 63. 101.123 (8) (e) of the statutes is created to read:

AB834,12,6 101.123 (8) (e) Each day that sub. (2m) is violated is a separate violation.

AB834, s. 64 Section 64. 165.60 of the statutes is amended to read:

AB834,12,14 165.60 Law enforcement. The department of justice is authorized to enforce ss. 101.123 (2), (5), (2m), 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.

AB834, s. 65 Section 65. 165.755 (1) (b) of the statutes is amended to read:

AB834,12,23 165.755 (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) or (2m), 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, a violation under s. 343.51 (1m) (b), or a safety belt use violation under s. 347.48 (2m).

AB834, s. 66 Section 66. 302.46 (1) (a) of the statutes is amended to read:

AB834,13,13 302.46 (1) (a) 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) (2m), 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, violations under s. 343.51 (1m) (b), 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 percent 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.

AB834, s. 67 Section 67. 460.01 (5) of the statutes is amended to read:

AB834,13,17 460.01 (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.

AB834, s. 68 Section 68. 757.05 (1) (a) of the statutes is amended to read:

AB834,14,6 757.05 (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) (2m), 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, violations under s. 343.51 (1m) (b), 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.

AB834, s. 69 Section 69. 814.63 (1) (c) of the statutes is amended to read:

AB834,14,13 814.63 (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) (2m), 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 under s. 343.51 (1m) (b) or a safety belt use violation under s. 347.48 (2m).

AB834, s. 70 Section 70. Initial applicability.

AB834,14,16 (1) This act first applies to violations occurring on the effective date of this subsection.

AB834, s. 71 Section 71. Effective date.

AB834,14,18 (1) This act takes effect on January 1, 2009.

AB834,14,19 (End)