LRB-2904/1
RNK:wlj:ph
2009 - 2010 LEGISLATURE
June 2, 2009 - Introduced by Representatives Sherman, Clark, Ballweg, Brooks,
Gottlieb, Kerkman, Kestell, Kleefisch, LeMahieu, Mursau, Nerison,
Nygren, Roys, Strachota, Steinbrink, Tauchen
and M. Williams,
cosponsored by Senators Jauch, Plale, Taylor and Vinehout. Referred to
Committee on Tourism, Recreation and State Properties.
AB295,1,2 1An Act to create 101.123 (3) (k) and 101.123 (3m) of the statutes; relating to:
2the designation of smoking rooms in lodging establishments.
Analysis by the Legislative Reference Bureau
Current law prohibits smoking in mass transit vehicles and specific enclosed
indoor locations, including the following:
1. Inpatient health care facilities.
2. Prisons and jails.
3. Retail establishments.
4. Restaurants.
5. Government buildings.
Except for hospitals, school buses, day care centers where children are present
and a few other places, a smoking area at an indoor location may be designated by
the person who is in charge of that location.
The prohibitions against smoking were expanded by 2009 Wisconsin Act 12,
effective on July 5, 2010, so that smoking will be prohibited in most indoor locations.
Under that act, among other changes to the prohibitions on smoking, a person in
charge may no longer designate smoking areas at indoor locations.
This bill authorizes the owner of a lodging establishment to designate up to 25
percent of the guest rooms in the lodging establishment as guest rooms in which
smoking is permitted. If the lodging establishment has fewer than four guest rooms,

the owner may designate one guest room as a guest room in which smoking is
permitted.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
AB295, s. 1 1Section 1. 101.123 (3) (k) of the statutes is created to read:
AB295,2,32 101.123 (3) (k) A room in a lodging establishment that has been designated as
3a room where smoking is allowed, as provided under sub. (3m).
AB295, s. 2 4Section 2. 101.123 (3m) of the statutes is created to read:
AB295,2,75 101.123 (3m) Lodging. (a) Except as provided in par. (b), the owner of a lodging
6establishment may designate not more than 25 percent of the guest rooms in the
7lodging establishment as guest rooms in which smoking is permitted.
AB295,2,108 (b) If a lodging establishment has fewer than 4 guest rooms, the owner of the
9lodging establishment may designate one guest room as a guest room in which
10smoking is permitted.
AB295, s. 3 11Section 3. Effective date.
AB295,2,1212 (1) This act takes effect on July 5, 2010.
AB295,2,1313 (End)
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