SB150, s. 54
18Section
54. 101.123 (5) of the statutes is repealed.
SB150, s. 55
19Section
55. 101.123 (6) (title) of the statutes is repealed.
SB150, s. 56
20Section
56. 101.123 (6) of the statutes is amended to read:
SB150,10,2421
101.123
(6) Uniform signs. The department shall, by rule, specify uniform
22dimensions and other characteristics of
the signs
used to designate smoking areas 23required under sub. (2m). These rules may not require the use of signs that are more
24expensive than is necessary to accomplish their purpose.
SB150, s. 57
25Section
57. 101.123 (7) of the statutes is amended to read:
SB150,11,3
1101.123
(7) Signs for state agencies. The department shall arrange with the
2department of administration to have
the signs prepared and made available to state
3agencies for use in state facilities
that set forth the prohibition against smoking.
SB150, s. 58
4Section
58. 101.123 (8) (a) of the statutes is amended to read:
SB150,11,85
101.123
(8) (a) Any person who
willfully violates sub. (2)
(a), (am) 1., (bm), (br),
6or (bv) after being advised by an employee of the facility that smoking in the area is
7prohibited or any person in charge or his or her agent who willfully fails to comply
8with sub. (5) shall forfeit
not less than $10 and not more than
$10 $100 per violation.
SB150, s. 59
9Section
59. 101.123 (8) (b) of the statutes is repealed.
SB150, s. 60
10Section
60. 101.123 (8) (c) of the statutes is repealed.
SB150, s. 61
11Section
61. 101.123 (8) (d) of the statutes is created to read:
SB150,11,1312
101.123
(8) (d) Any person in charge who violates sub. (2m) shall be subject to
13a forfeiture as follows:
SB150,11,1414
1. Not less than $50 nor more than $100 for the first violation.
SB150,11,1515
2. Not less than $100 nor more than $200 for the 2nd violation.
SB150,11,1716
3. Not less than $200 nor more than $500 for the 3rd or any subsequent
17violation.
SB150, s. 62
18Section
62. 101.123 (8) (e) of the statutes is created to read:
SB150,11,1919
101.123
(8) (e) Each day that sub. (2m) is violated is a separate violation.
SB150, s. 63
20Section
63. 165.60 of the statutes is amended to read:
SB150,12,2
21165.60 Law enforcement. The department of justice is authorized to enforce
22ss. 101.123 (2),
(5), (2m), and (8), 944.30, 944.31, 944.33, 944.34, 945.02 (2), 945.03
23(1m), and 945.04 (1m) and ch. 108 and is invested with the powers conferred by law
24upon sheriffs and municipal police officers in the performance of those duties. This
25section does not deprive or relieve sheriffs, constables, and other local police officers
1of the power and duty to enforce those sections, and those officers shall likewise
2enforce those sections.
SB150, s. 64
3Section
64. 165.755 (1) (b) of the statutes is amended to read:
SB150,12,114
165.755
(1) (b) A court may not impose the crime laboratories and drug law
5enforcement surcharge under par. (a) for a violation of s. 101.123 (2)
(a), (am) 1., (ar),
6(bm), (br), or (bv) or (5) (b) or (2m), for a first violation of s. 23.33 (4c) (a) 2., 30.681
7(1) (b) 1., 346.63 (1) (b), or 350.101 (1) (b), if the person who committed the violation
8had a blood alcohol concentration of 0.08 or more but less than 0.1 at the time of the
9violation, or for a violation of a state law or municipal or county ordinance involving
10a nonmoving traffic violation, a violation under s. 343.51 (1m) (b), or a safety belt use
11violation under s. 347.48 (2m).
SB150, s. 65
12Section
65. 302.46 (1) (a) of the statutes is amended to read:
SB150,12,2513
302.46
(1) (a) If a court imposes a fine or forfeiture for a violation of state law
14or for a violation of a municipal or county ordinance except for a violation of s. 101.123
15(2)
(a), (am) 1., (ar), (bm), (br), or (bv) or
(5) (2m), or for a first violation of s. 23.33 (4c)
16(a) 2., 30.681 (1) (b) 1., 346.63 (1) (b), or 350.101 (1) (b), if the person who committed
17the violation had a blood alcohol concentration of 0.08 or more but less than 0.1 at
18the time of the violation, or for a violation of state laws or municipal or county
19ordinances involving nonmoving traffic violations, violations under s. 343.51 (1m)
20(b), or safety belt use violations under s. 347.48 (2m), the court, in addition, shall
21impose a jail surcharge under ch. 814 in an amount of 1 percent of the fine or
22forfeiture imposed or $10, whichever is greater. If multiple offenses are involved, the
23court shall determine the jail surcharge on the basis of each fine or forfeiture. If a
24fine or forfeiture is suspended in whole or in part, the court shall reduce the jail
25surcharge in proportion to the suspension.
SB150, s. 66
1Section
66. 460.01 (5) of the statutes is amended to read:
SB150,13,42
460.01
(5) "Physician's office"
has the meaning given in s. 101.123 (1) (dg) 3means a place, other than a residence or a hospital, that is used primarily to provide
4medical care and treatment.
SB150, s. 67
5Section
67. 757.05 (1) (a) of the statutes is amended to read:
SB150,13,186
757.05
(1) (a) Whenever a court imposes a fine or forfeiture for a violation of
7state law or for a violation of a municipal or county ordinance except for a violation
8of s. 101.123 (2)
(a), (am) 1., (ar), (bm), (br), or (bv) or
(5) (2m), or for a first violation
9of s. 23.33 (4c) (a) 2., 30.681 (1) (b) 1., 346.63 (1) (b), or 350.101 (1) (b), if the person
10who committed the violation had a blood alcohol concentration of 0.08 or more but
11less than 0.1 at the time of the violation, or for a violation of state laws or municipal
12or county ordinances involving nonmoving traffic violations, violations under s.
13343.51 (1m) (b), or safety belt use violations under s. 347.48 (2m), there shall be
14imposed in addition a penalty surcharge under ch. 814 in an amount of 26 percent
15of the fine or forfeiture imposed. If multiple offenses are involved, the penalty
16surcharge shall be based upon the total fine or forfeiture for all offenses. When a fine
17or forfeiture is suspended in whole or in part, the penalty surcharge shall be reduced
18in proportion to the suspension.
SB150, s. 68
19Section
68. 814.63 (1) (c) of the statutes is amended to read:
SB150,13,2520
814.63
(1) (c) This subsection does not apply to an action for a violation of s.
21101.123 (2)
(a), (am) 1., (ar), (bm), (br), or (bv) or
(5) (2m), for a first violation of s. 23.33
22(4c) (a) 2., 30.681 (1) (b) 1., 346.63 (1) (b), or 350.101 (1) (b), if the person who
23committed the violation had a blood alcohol concentration of 0.08 or more but less
24than 0.1 at the time of the violation, or for a violation under s. 343.51 (1m) (b) or a
25safety belt use violation under s. 347.48 (2m).
SB150,14,32
(1) This act first applies to violations occurring on the effective date of this
3subsection.
SB150,14,65
(1) This act takes effect on the first day of the 7th month beginning after
6publication.