AB252: Bill Text

LRB-1080/1

MGG:kjf:ph

2009 - 2010 LEGISLATURE

2009 Assembly BILL 252

April 30, 2009 - Introduced by Representatives Richards, A. Ott, Seidel, Zigmunt, Milroy, Benedict, Parisi, Berceau, Black, Roys, Soletski, Gottlieb, Clark, Bernard Schaber, Mursau, Toles, Hilgenberg, Cullen, Sinicki, Townsend, Pope-Roberts, Smith, Pasch, Hintz, Spanbauer and Montgomery, cosponsored by Senators Risser, Ellis, Jauch, Miller, Darling, Robson and Coggs. Referred to Committee on Health and Healthcare Reform.

AB252,2,7 An Act to repeal 101.123 (1) (am), 101.123 (1) (br), 101.123 (1) (c), 101.123 (1) (dg), 101.123 (1) (gm), 101.123 (1) (j), 101.123 (2) (a) 1., 101.123 (2) (a) 5., 101.123 (2) (a) 6., 101.123 (2) (am), 101.123 (2) (b), 101.123 (3) (a) to (gr), 101.123 (4), 101.123 (5), 101.123 (8) (b) and 101.123 (8) (c); to renumber 101.123 (1) (a), 101.123 (1) (dm) and 101.123 (2) (c); to renumber and amend 101.123 (1) (h), 101.123 (2) (a) 10., 101.123 (2) (ar), 101.123 (2) (bm), 101.123 (2) (br) and 101.123 (2) (bv); to amend 77.52 (2) (ag) 39. (intro.), 101.123 (1) (ar), 101.123 (1) (b), 101.123 (1) (d), 101.123 (1) (e), 101.123 (1) (f), 101.123 (1) (g), 101.123 (1) (i), 101.123 (2) (a) (intro.), 101.123 (3) (intro.), 101.123 (6), 101.123 (7), 101.123 (8) (a), 165.60, 165.755 (1) (b), 302.46 (1) (a), 460.01 (5), 757.05 (1) (a) and 814.63 (1) (c); to repeal and recreate 101.123 (2) (title), 101.123 (2) (a) 4. and 101.123 (2) (a) 9.; and to create 101.123 (1) (ab), 101.123 (1) (ac), 101.123 (1) (aj), 101.123 (1) (bn), 101.123 (1) (dj), 101.123 (1) (dn), 101.123 (1) (eg), 101.123 (1) (h) 2., 101.123 (1) (hm), 101.123 (1) (im), 101.123 (1) (ip), 101.123 (2) (a) 2m., 101.123 (2) (a) 2r., 101.123 (2) (a) 5m., 101.123 (2) (a) 5t., 101.123 (2) (a) 7m., 101.123 (2) (a) 7r., 101.123 (2) (a) 8d., 101.123 (2) (a) 8g., 101.123 (2) (d) (intro.), 101.123 (2) (e), 101.123 (2) (f), 101.123 (2m), 101.123 (3) (h), 101.123 (3) (i), 101.123 (3) (j), 101.123 (3) (k), 101.123 (3) (L), 101.123 (3m), 101.123 (4m) (title), 101.123 (8) (d) and 101.123 (8) (e) of the statutes; relating to: prohibiting smoking in indoor areas, in sports arenas, and in public conveyances and providing a penalty.

Analysis by the Legislative Reference Bureau

For further information see the state and local 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:

AB252, s. 1 Section 1. 77.52 (2) (ag) 39. (intro.) of the statutes is amended to read:

AB252,2,15 77.52 (2) (ag) 39. (intro.) Equipment in offices, business facilities, schools, and hospitals but not in residential facilities including personal residences, apartments, long-term care facilities, as defined under s. 16.009 (1) (em), state institutions, as defined under s. 101.123 (1) (i) prisons, mental health institutes, as defined in s. 51.01 (12), centers for the developmentally disabled, as defined in s. 51.01 (3), Type 1 juvenile correctional facilities, as defined in s. 938.02 (19), or similar facilities including, by way of illustration but not of limitation, all of the following:

AB252, s. 2 Section 2. 101.123 (1) (a) of the statutes is renumbered 101.123 (1) (ae).

AB252, s. 3 Section 3. 101.123 (1) (ab) of the statutes is created to read:

AB252,2,20 101.123 (1) (ab) "Assisted living facility" means a community-based residential facility, as defined in s. 50.01 (1g), a residential care apartment complex, as defined in s. 50.01 (1d), or an adult family home, as defined in s. 50.01 (1) (b).

AB252, s. 4 Section 4. 101.123 (1) (ac) of the statutes is created to read:

AB252,3,2 101.123 (1) (ac) "Correctional facility" means any of the following:

AB252,3,6 1. A state prison, as defined or named in s. 302.01, except a correctional institution under s. 301.046 (1) or 301.048 (4) (b) if the institution is the prisoner's place of residence and no one is employed there to ensure the prisoner's incarceration.

AB252,3,11 2. A juvenile detention facility, as defined in s. 938.02 (10r), or a juvenile correctional facility, as defined in s. 938.02 (10p), except a juvenile correctional facility authorized under s. 938.533 (3) (b), 938.538 (4) (b), or 938.539 (5) if the facility is a private residence in which the juvenile is placed and no one is employed there to ensure that the juvenile remains in custody.

AB252,3,14 3. A jail, as defined in s. 165.85 (2) (bg), a Huber facility under s. 303.09, a work camp under s. 303.10, a reforestation camp under s. 303.07, or a lockup facility under s. 302.30.

AB252, s. 5 Section 5. 101.123 (1) (aj) of the statutes is created to read:

AB252,3,18 101.123 (1) (aj) Notwithstanding s. 101.01 (5), "employment" means any trade, occupation, or process of manufacture or any method of carrying on such trade, occupation, or process of manufacture in which any person may be engaged.

AB252, s. 6 Section 6. 101.123 (1) (am) of the statutes is repealed.

AB252, s. 7 Section 7. 101.123 (1) (ar) of the statutes is amended to read:

AB252,3,25 101.123 (1) (ar) "Immediate vicinity of the state capitol" means the area directly adjacent to the state capitol building, as determined by rule of the department of administration. "Immediate vicinity of the state capitol" does not include any location that is more than one fathom six feet from the state capitol building.

AB252, s. 8 Section 8. 101.123 (1) (b) of the statutes is amended to read:

AB252,4,6 101.123 (1) (b) "Inpatient health care facility" means a hospital, as defined in s. 50.33 (2), a county home established under s. 49.70, a county infirmary established under s. 49.72 or a community-based residential facility or, a nursing home licensed under s. 50.03, as defined in s. 50.01 (3), a hospice, as defined in s. 50.90 (1), a Wisconsin veteran's home under s. 45.50, or a treatment facility.

AB252, s. 9 Section 9. 101.123 (1) (bn) of the statutes is created to read:

AB252,4,8 101.123 (1) (bn) "Lodging establishment" means any of the following:

AB252,4,9 1. A bed and breakfast establishment, as defined in s. 254.61 (1).

AB252,4,10 2. A hotel, as defined in s. 254.61 (3).

AB252,4,11 3. A tourist rooming house, as defined in s. 254.61 (6).

AB252, s. 10 Section 10. 101.123 (1) (br) of the statutes is repealed.

AB252, s. 11 Section 11. 101.123 (1) (c) of the statutes is repealed.

AB252, s. 12 Section 12. 101.123 (1) (d) of the statutes is amended to read:

AB252,4,18 101.123 (1) (d) "Person in charge" means the person , or his or her agent, who ultimately controls, governs or directs the activities aboard a public conveyance or within a place at a location where smoking is prohibited or regulated under this section, regardless of the person's status as owner or lessee.

AB252, s. 13 Section 13. 101.123 (1) (dg) of the statutes is repealed.

AB252, s. 14 Section 14. 101.123 (1) (dj) of the statutes is created to read:

AB252,4,25 101.123 (1) (dj) Notwithstanding s. 101.01 (11), "place of employment" means any indoor area that employees normally frequent during the course of employment, including an office, a work area, an elevator, an employee lounge, a restroom, a conference room, a meeting room, a classroom, a hallway, a stairway, a lobby, a common area, a vehicle, or an employee cafeteria.

AB252, s. 15 Section 15. 101.123 (1) (dm) of the statutes is renumbered 77.51 (11m).

AB252, s. 16 Section 16. 101.123 (1) (dn) of the statutes is created to read:

AB252,5,5 101.123 (1) (dn) "Private club" means an organization that limits its membership and is organized for a recreational, fraternal, social, patriotic, political, benevolent, or athletic purpose.

AB252, s. 17 Section 17. 101.123 (1) (e) of the statutes is amended to read:

AB252,5,11 101.123 (1) (e) "Public conveyance" means a mass transit vehicles vehicle as defined by in s. 340.01 (28m) and, a school buses bus as defined by in s. 340.01 (56), or any other device by which persons are transported, for hire, on a highway or by rail, water, air, or guidewire within this state, but does not include such a device while providing transportation in interstate commerce.

AB252, s. 18 Section 18. 101.123 (1) (eg) of the statutes is created to read:

AB252,5,15 101.123 (1) (eg) "Public place" means a place that is open to the public, regardless of whether a fee is charged or a place to which the public has lawful access or may be invited.

AB252, s. 19 Section 19. 101.123 (1) (f) of the statutes is amended to read:

AB252,5,18 101.123 (1) (f) "Restaurant" means an establishment as defined in s. 254.61 (5) with a seating capacity of more than 50 persons.

AB252, s. 20 Section 20. 101.123 (1) (g) of the statutes is amended to read:

AB252,5,23 101.123 (1) (g) "Retail establishment" means any store or shop in which retail sales is the principal business conducted, except a tavern operating under a "Class B" intoxicating liquor license or Class "B" fermented malt beverages license, and except bowling centers.

AB252, s. 21 Section 21. 101.123 (1) (gm) of the statutes is repealed.

AB252, s. 22 Section 22. 101.123 (1) (h) of the statutes is renumbered 101.123 (1) (h) (intro.) and amended to read:

AB252,6,3 101.123 (1) (h) (intro.) "Smoking" means carrying any of the following:

AB252,6,5 1. Burning or holding a lighted cigar, cigarette, pipe, or any other lighted smoking equipment containing tobacco products.

AB252, s. 23 Section 23. 101.123 (1) (h) 2. of the statutes is created to read:

AB252,6,8 101.123 (1) (h) 2. Inhaling or exhaling smoke from a lighted cigar, cigarette, pipe, or other lighted smoking equipment containing tobacco products.

AB252, s. 24 Section 24. 101.123 (1) (hm) of the statutes is created to read:

AB252,6,12 101.123 (1) (hm) "Sports arena" means any stadium, pavilion, gymnasium, swimming pool, skating rink, bowling center, or other building where spectator sporting events are held.

AB252, s. 25 Section 25. 101.123 (1) (i) of the statutes is amended to read:

AB252,6,17 101.123 (1) (i) "State institution" means a prison, a mental health institute, as defined in s. 51.01 (12), a center for the developmentally disabled, as defined in s. 51.01 (3), or a secure mental health facility at which persons are committed under s. 980.06.

AB252, s. 26 Section 26. 101.123 (1) (im) of the statutes is created to read:

AB252,6,21 101.123 (1) (im) "Tavern" means an establishment, other than a restaurant, that holds a "Class B" intoxicating liquor license or Class "B" fermented malt beverages license.

AB252, s. 27 Section 27. 101.123 (1) (ip) of the statutes is created to read:

AB252,6,25 101.123 (1) (ip) "Treatment facility" means a publicly or private operated inpatient facility that provides treatment of alcoholic, drug dependent, mentally ill, or developmentally disabled persons.

AB252, s. 28 Section 28. 101.123 (1) (j) of the statutes is repealed.

AB252, s. 29 Section 29. 101.123 (2) (title) of the statutes is repealed and recreated to read:

AB252,7,3 101.123 (2) (title) Prohibition against smoking.

AB252, s. 30 Section 30. 101.123 (2) (a) (intro.) of the statutes is amended to read:

AB252,7,6 101.123 (2) (a) (intro.) Except as provided in sub. (3), no person may smoke in any of the following indoor places:

AB252, s. 31 Section 31. 101.123 (2) (a) 1. of the statutes is repealed.

AB252, s. 32 Section 32. 101.123 (2) (a) 2m. of the statutes is created to read:

AB252,7,10 101.123 (2) (a) 2m. Residence halls or dormitories owned or operated by a college or university.

AB252, s. 33 Section 33. 101.123 (2) (a) 2r. of the statutes is created to read:

AB252,7,12 101.123 (2) (a) 2r. Day care centers.

AB252, s. 34 Section 34. 101.123 (2) (a) 4. of the statutes is repealed and recreated to read:

AB252,7,14 101.123 (2) (a) 4. Theaters except as provided in sub. (3) (L).

AB252, s. 35 Section 35. 101.123 (2) (a) 5. of the statutes is repealed.