AB252, s. 18 12Section 18. 101.123 (1) (eg) of the statutes is created to read:
AB252,5,1513 101.123 (1) (eg) "Public place" means a place that is open to the public,
14regardless of whether a fee is charged or a place to which the public has lawful access
15or may be invited.
AB252, s. 19 16Section 19. 101.123 (1) (f) of the statutes is amended to read:
AB252,5,1817 101.123 (1) (f) "Restaurant" means an establishment as defined in s. 254.61 (5)
18with a seating capacity of more than 50 persons.
AB252, s. 20 19Section 20. 101.123 (1) (g) of the statutes is amended to read:
AB252,5,2320 101.123 (1) (g) "Retail establishment" means any store or shop in which retail
21sales is the principal business conducted, except a tavern operating under a "Class
22B" intoxicating liquor license or Class "B" fermented malt beverages license, and

23except bowling centers.
AB252, s. 21 24Section 21. 101.123 (1) (gm) of the statutes is repealed.
AB252, s. 22
1Section 22. 101.123 (1) (h) of the statutes is renumbered 101.123 (1) (h) (intro.)
2and amended to read:
AB252,6,33 101.123 (1) (h) (intro.) "Smoking" means carrying any of the following:
AB252,6,5 41. Burning or holding a lighted cigar, cigarette, pipe, or any other lighted
5smoking equipment containing tobacco products.
AB252, s. 23 6Section 23. 101.123 (1) (h) 2. of the statutes is created to read:
AB252,6,87 101.123 (1) (h) 2. Inhaling or exhaling smoke from a lighted cigar, cigarette,
8pipe, or other lighted smoking equipment containing tobacco products.
AB252, s. 24 9Section 24. 101.123 (1) (hm) of the statutes is created to read:
AB252,6,1210 101.123 (1) (hm) "Sports arena" means any stadium, pavilion, gymnasium,
11swimming pool, skating rink, bowling center, or other building where spectator
12sporting events are held.
AB252, s. 25 13Section 25. 101.123 (1) (i) of the statutes is amended to read:
AB252,6,1714 101.123 (1) (i) "State institution" means a prison, a mental health institute,
15as defined in s. 51.01 (12), a center for the developmentally disabled, as defined in
16s. 51.01 (3), or a secure mental health facility at which persons are committed under
17s. 980.06.
AB252, s. 26 18Section 26. 101.123 (1) (im) of the statutes is created to read:
AB252,6,2119 101.123 (1) (im) "Tavern" means an establishment, other than a restaurant,
20that holds a "Class B" intoxicating liquor license or Class "B" fermented malt
21beverages license.
AB252, s. 27 22Section 27. 101.123 (1) (ip) of the statutes is created to read:
AB252,6,2523 101.123 (1) (ip) "Treatment facility" means a publicly or private operated
24inpatient facility that provides treatment of alcoholic, drug dependent, mentally ill,
25or developmentally disabled persons.
AB252, s. 28
1Section 28. 101.123 (1) (j) of the statutes is repealed.
AB252, s. 29 2Section 29. 101.123 (2) (title) of the statutes is repealed and recreated to read:
AB252,7,33 101.123 (2) (title) Prohibition against smoking.
AB252, s. 30 4Section 30. 101.123 (2) (a) (intro.) of the statutes is amended to read:
AB252,7,65 101.123 (2) (a) (intro.) Except as provided in sub. (3), no person may smoke in
6any of the following indoor places:
AB252, s. 31 7Section 31. 101.123 (2) (a) 1. of the statutes is repealed.
AB252, s. 32 8Section 32. 101.123 (2) (a) 2m. of the statutes is created to read:
AB252,7,109 101.123 (2) (a) 2m. Residence halls or dormitories owned or operated by a
10college or university.
AB252, s. 33 11Section 33. 101.123 (2) (a) 2r. of the statutes is created to read:
AB252,7,1212 101.123 (2) (a) 2r. Day care centers.
AB252, s. 34 13Section 34. 101.123 (2) (a) 4. of the statutes is repealed and recreated to read:
AB252,7,1414 101.123 (2) (a) 4. Theaters except as provided in sub. (3) (L).
AB252, s. 35 15Section 35. 101.123 (2) (a) 5. of the statutes is repealed.
AB252, s. 36 16Section 36. 101.123 (2) (a) 5m. of the statutes is created to read:
AB252,7,1717 101.123 (2) (a) 5m. Correctional facilities.
AB252, s. 37 18Section 37. 101.123 (2) (a) 5t. of the statutes is created to read:
AB252,7,1919 101.123 (2) (a) 5t. State institutions.
AB252, s. 38 20Section 38. 101.123 (2) (a) 6. of the statutes is repealed.
AB252, s. 39 21Section 39. 101.123 (2) (a) 7m. of the statutes is created to read:
AB252,7,2222 101.123 (2) (a) 7m. Taverns.
AB252, s. 40 23Section 40. 101.123 (2) (a) 7r. of the statutes is created to read:
AB252,7,2424 101.123 (2) (a) 7r. Private clubs.
AB252, s. 41 25Section 41. 101.123 (2) (a) 8d. of the statutes is created to read:
AB252,8,1
1101.123 (2) (a) 8d. Common areas of multiple-unit residential properties.
AB252, s. 42 2Section 42. 101.123 (2) (a) 8g. of the statutes is created to read:
AB252,8,33 101.123 (2) (a) 8g. Lodging establishments except as provided in sub. (3) (k).
AB252, s. 43 4Section 43. 101.123 (2) (a) 9. of the statutes is repealed and recreated to read:
AB252,8,65 101.123 (2) (a) 9. Any indoor place, other than the places listed in subds. 1. to
68r., that is a place of employment or that is a public place.
AB252, s. 44 7Section 44. 101.123 (2) (a) 10. of the statutes is renumbered 101.123 (2) (a) 8r.
8and amended to read:
AB252,8,109 101.123 (2) (a) 8r. Any enclosed, indoor area of a state, State, county, city,
10village, or town building buildings.
AB252, s. 45 11Section 45. 101.123 (2) (am) of the statutes is repealed.
AB252, s. 46 12Section 46. 101.123 (2) (ar) of the statutes is renumbered 101.123 (2) (d) 1. and
13amended to read:
AB252,8,1514 101.123 (2) (d) 1. Notwithstanding par. (a) and sub. (3), no person may smoke
15in the state capitol building or in
In the immediate vicinity of the state capitol.
AB252, s. 47 16Section 47. 101.123 (2) (b) of the statutes is repealed.
AB252, s. 48 17Section 48. 101.123 (2) (bm) of the statutes is renumbered 101.123 (2) (d) 2.
18and amended to read:
AB252,8,2119 101.123 (2) (d) 2. Notwithstanding par. (a) and sub. (3), no person may smoke
20on
On the premises, indoors or outdoors, of a day care center when children who are
21receiving day care services are present.
AB252, s. 49 22Section 49. 101.123 (2) (br) of the statutes is renumbered 101.123 (2) (d) 3. and
23amended to read:
AB252,9,3
1101.123 (2) (d) 3. Notwithstanding par. (a) and sub. (3), no person may smoke
2in any enclosed, indoor area of a Type 1 juvenile correctional facility or on
On the
3grounds of a Type 1 juvenile correctional facility, as defined in s. 938.02 (19).
AB252, s. 50 4Section 50. 101.123 (2) (bv) of the statutes is renumbered 101.123 (2) (d) 4. and
5amended to read:
AB252,9,96 101.123 (2) (d) 4. Notwithstanding par. (a) and sub. (3), no person may smoke
7in
A location that is 25 feet or less from a residence hall or dormitory that is owned
8or operated by the Board of Regents of the University of Wisconsin System or in any
9location that is 25 feet or less from such a residence hall or dormitory
.
AB252, s. 51 10Section 51. 101.123 (2) (c) of the statutes is renumbered 101.123 (4m).
AB252, s. 52 11Section 52. 101.123 (2) (d) (intro.) of the statutes is created to read:
AB252,9,1312 101.123 (2) (d) (intro.) No person may smoke at any of the following outdoor
13locations:
AB252, s. 53 14Section 53. 101.123 (2) (e) of the statutes is created to read:
AB252,9,1515 101.123 (2) (e) No person may smoke in a sports arena.
AB252, s. 54 16Section 54. 101.123 (2) (f) of the statutes is created to read:
AB252,9,1717 101.123 (2) (f) No person may smoke in a public conveyance.
AB252, s. 55 18Section 55. 101.123 (2m) of the statutes is created to read:
AB252,9,2119 101.123 (2m) Responsibility of persons in charge. (a) No person in charge
20may allow any person to smoke in violation of sub. (2) at a location that is under the
21control or direction of the person in charge.
AB252,9,2322 (b) No person in charge may provide matches, ashtrays, or other equipment for
23smoking at the location where smoking is prohibited.
AB252,9,2524 (c) A person in charge shall make reasonable efforts to prohibit persons from
25smoking at a location where smoking is prohibited by doing all of the following:
AB252,10,2
11. Posting signs setting forth the prohibition and providing other appropriate
2notification and information concerning the prohibition.
AB252,10,43 2. Refusing to serve a person, if the person is smoking in a restaurant, tavern,
4or private club.
AB252,10,65 3. Asking a person who is smoking to refrain from smoking and, if the person
6refuses to do so, asking the person to leave the location.
AB252,10,97 (d) If a person refuses to leave a location after being requested to do so as
8provided in par. (c) 3., the person in charge shall immediately notify an appropriate
9law enforcement agency of the violation.
AB252,10,1210 (e) A person in charge may take measures in addition to those listed in pars.
11(b) and (c) to prevent persons from being exposed to others who are smoking or to
12further ensure compliance with this section.
AB252, s. 56 13Section 56. 101.123 (3) (intro.) of the statutes is amended to read:
AB252,10,1514 101.123 (3) Exceptions. (intro.) The regulation of prohibition against smoking
15in sub. (2) (a) does not apply to the following places:
AB252, s. 57 16Section 57. 101.123 (3) (a) to (gr) of the statutes are repealed.
AB252, s. 58 17Section 58. 101.123 (3) (h) of the statutes is created to read:
AB252,10,1818 101.123 (3) (h) A private residence.
AB252, s. 59 19Section 59. 101.123 (3) (i) of the statutes is created to read:
AB252,10,2120 101.123 (3) (i) A room used by a person in an assisted living facility as his or
21her residence.
AB252, s. 60 22Section 60. 101.123 (3) (j) of the statutes is created to read:
AB252,11,223 101.123 (3) (j) A room in an assisted living facility in which 2 or more persons
24reside if every person who lives in that room smokes and each of those persons has

1made a written request to the person in charge of the assisted living facility to be
2placed in a room where smoking is allowed.
AB252, s. 61 3Section 61. 101.123 (3) (k) of the statutes is created to read:
AB252,11,54 101.123 (3) (k) A room in a lodging establishment that has been designated as
5a room where smoking is allowed, as provided under sub. (3m).
AB252, s. 62 6Section 62. 101.123 (3) (L) of the statutes is created to read:
AB252,11,87 101.123 (3) (L) Any stage of a theater when the stage is being used for a
8theatrical performance and the smoking is part of the performance.
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