AB75, s. 2071
1Section 2071. 100.30 (2) (L) (intro.) of the statutes is amended to read:
AB75,1175,52 100.30 (2) (L) (intro.) "Wholesaler" includes every person holding a permit as
3a bonded direct marketer as defined in s. 139.30 (1d) or
as a multiple retailer under
4s. 139.30 (8) and every person engaged in the business of making sales at wholesale,
5other than sales of motor vehicle fuel at wholesale, within this state except as follows:
AB75, s. 2072 6Section 2072. 100.30 (2) (L) 2. of the statutes is amended to read:
AB75,1175,117 100.30 (2) (L) 2. In the case of a person holding a permit as a bonded direct
8marketer as defined in s. 139.30 (1d) or
as a multiple retailer as defined in s. 139.30
9(8), "wholesaler" applies to that portion of the person's business involving the
10purchase and sale of cigarettes and to any wholesale portion of that person's
11business.
AB75, s. 2073 12Section 2073. 100.45 (1) (dm) of the statutes is amended to read:
AB75,1175,2113 100.45 (1) (dm) "State agency" means any office, department, agency,
14institution of higher education, association, society or other body in state
15government created or authorized to be created by the constitution or any law which
16is entitled to expend moneys appropriated by law, including the legislature and the
17courts, the Wisconsin Housing and Economic Development Authority, the Bradley
18Center Sports and Entertainment Corporation, the University of Wisconsin
19Hospitals and Clinics Authority, the Wisconsin Health and Educational Facilities
20Authority, the Wisconsin Aerospace Authority, the Wisconsin Quality Home Care
21Authority,
and the Fox River Navigational System Authority.
AB75, s. 2074 22Section 2074. 100.51 (5) (b) 1. of the statutes is amended to read:
AB75,1176,223 100.51 (5) (b) 1. The motor vehicle displays a special registration plates plate
24issued under s. 341.14 (1), (1a), (1m), (1q) or (1r) (a) or a special identification card
25issued under s. 343.51 or is a motor vehicle registered in another jurisdiction and

1displays a registration plate, card or emblem issued by the other jurisdiction that
2designates that the vehicle is used by a physically disabled person.
AB75, s. 2075 3Section 2075. 101.055 (8) (cm) of the statutes is created to read:
AB75,1176,104 101.055 (8) (cm) If the division of equal rights finds no probable cause to believe
5that a violation of par. (ar) has occurred, the division shall dismiss the complaint.
6If the division of equal rights dismisses the complaint, the order of dismissal is the
7final determination of the division, which may be appealed under par. (d). The
8division of equal rights shall, by a notice to be served with the determination, notify
9the parties of the complainant's right to appeal the dismissal of the complaint to the
10circuit court under par. (d).
AB75, s. 2076 11Section 2076. 101.123 (1) (a) of the statutes is renumbered 101.123 (1) (ae).
AB75, s. 2077 12Section 2077. 101.123 (1) (ab) of the statutes is created to read:
AB75,1176,1513 101.123 (1) (ab) "Assisted living facility" means a community-based
14residential facility, as defined in s. 50.01 (1g), a residential care apartment complex,
15as defined in s. 50.01 (1d), or an adult family home, as defined in s. 50.01 (1) (b).
AB75, s. 2078 16Section 2078. 101.123 (1) (ac) of the statutes is created to read:
AB75,1176,1717 101.123 (1) (ac) "Correctional facility" means any of the following:
AB75,1176,2118 1. A state prison, as defined or named in s. 302.01, except a correctional
19institution under s. 301.046 (1) or 301.048 (4) (b) if the institution is the prisoner's
20place of residence and no one is employed there to ensure the prisoner's
21incarceration.
AB75,1177,222 2. A juvenile detention facility, as defined in s. 938.02 (10r), or a juvenile
23correctional facility, as defined in s. 938.02 (10p), except a juvenile correctional
24facility authorized under s. 938.533 (3) (b), 938.538 (4) (b), or 938.539 (5) if the facility

1is a private residence in which the juvenile is placed and no one is employed there
2to ensure that the juvenile remains in custody.
AB75,1177,53 3. A jail, as defined in s. 165.85 (2) (bg), a Huber facility under s. 303.09, a work
4camp under s. 303.10, a reforestation camp under s. 303.07, or a lockup facility under
5s. 302.30.
AB75, s. 2079 6Section 2079. 101.123 (1) (aj) of the statutes is created to read:
AB75,1177,97 101.123 (1) (aj) Notwithstanding s. 101.01 (5), "employment" means any trade,
8occupation, or process of manufacture or any method of carrying on such trade,
9occupation, or process of manufacture in which any person may be engaged.
AB75, s. 2080 10Section 2080. 101.123 (1) (ak) of the statutes is created to read:
AB75,1177,1211 101.123 (1) (ak) "Enclosed place" means a structure or area that has all of the
12following:
AB75,1177,1313 1. A roof or overhead covering.
AB75,1177,1514 2. Two or more substantial walls, regardless of whether the walls are removed
15and replaced on a temporary basis.
AB75, s. 2081 16Section 2081. 101.123 (1) (am) of the statutes is repealed.
AB75, s. 2082 17Section 2082. 101.123 (1) (ar) of the statutes is amended to read:
AB75,1177,2218 101.123 (1) (ar) "Immediate vicinity of the state capitol" means the area
19directly adjacent to the state capitol building, as determined by rule of the
20department of administration. "Immediate vicinity of the state capitol" does not
21include any location that is more than one fathom six feet from the state capitol
22building.
AB75, s. 2083 23Section 2083. 101.123 (1) (b) of the statutes is amended to read:
AB75,1178,324 101.123 (1) (b) "Inpatient health care facility" means a hospital, as defined in
25s. 50.33 (2),
a county home established under s. 49.70, a county infirmary established

1under s. 49.72 or a community-based residential facility or, a nursing home licensed
2under s. 50.03
, as defined in s. 50.01 (3), a hospice, as defined in s. 50.90 (1), a
3Wisconsin veteran's home under s. 45.50, or a treatment facility
.
AB75, s. 2084 4Section 2084. 101.123 (1) (bg) of the statutes is repealed.
AB75, s. 2085 5Section 2085. 101.123 (1) (bm) of the statutes is repealed.
AB75, s. 2086 6Section 2086. 101.123 (1) (bn) of the statutes is created to read:
AB75,1178,77 101.123 (1) (bn) "Lodging establishment" means any of the following:
AB75,1178,88 1. A bed and breakfast establishment, as defined in s. 254.61 (1).
AB75,1178,99 2. A hotel, as defined in s. 254.61 (3).
AB75,1178,1010 3. A tourist rooming house, as defined in s. 254.61 (6).
AB75, s. 2087 11Section 2087. 101.123 (1) (br) of the statutes is repealed.
AB75, s. 2088 12Section 2088. 101.123 (1) (c) of the statutes is repealed.
AB75, s. 2089 13Section 2089. 101.123 (1) (d) of the statutes is amended to read:
AB75,1178,1714 101.123 (1) (d) "Person in charge" means the person , or his or her agent, who
15ultimately controls, governs or directs the activities aboard a public conveyance or
16within a place
at a location where smoking is prohibited or regulated under this
17section, regardless of the person's status as owner or lessee.
AB75, s. 2090 18Section 2090. 101.123 (1) (dg) of the statutes is repealed.
AB75, s. 2091 19Section 2091. 101.123 (1) (dj) of the statutes is created to read:
AB75,1178,2420 101.123 (1) (dj) Notwithstanding s. 101.01 (11), "place of employment" means
21any enclosed place that employees normally frequent during the course of
22employment, including an office, a work area, an elevator, an employee lounge, a
23restroom, a conference room, a meeting room, a classroom, a hallway, a stairway, a
24lobby, a common area, a vehicle, or an employee cafeteria.
AB75, s. 2092 25Section 2092. 101.123 (1) (dm) of the statutes is renumbered 77.51 (11m).
AB75, s. 2093
1Section 2093. 101.123 (1) (dn) of the statutes is created to read:
AB75,1179,42 101.123 (1) (dn) "Private club" means a facility used by an organization that
3limits its membership and is organized for a recreational, fraternal, social, patriotic,
4political, benevolent, or athletic purpose.
AB75, s. 2094 5Section 2094. 101.123 (1) (e) of the statutes is amended to read:
AB75,1179,106 101.123 (1) (e) "Public conveyance" means a mass transit vehicles vehicle as
7defined by in s. 340.01 (28m) and, a school buses bus as defined by in s. 340.01 (56),
8or any other device by which persons are transported, for hire, on a highway or by
9rail, water, air, or guidewire within this state, but does not include such a device
10while providing transportation in interstate commerce
.
AB75, s. 2095 11Section 2095. 101.123 (1) (eg) of the statutes is created to read:
AB75,1179,1412 101.123 (1) (eg) "Public place" means any enclosed place that is open to the
13public, regardless of whether a fee is charged or a place to which the public has lawful
14access or may be invited.
AB75, s. 2096 15Section 2096. 101.123 (1) (f) of the statutes is amended to read:
AB75,1179,1716 101.123 (1) (f) "Restaurant" means an establishment as defined in s. 254.61 (5)
17with a seating capacity of more than 50 persons.
AB75, s. 2097 18Section 2097. 101.123 (1) (g) of the statutes is amended to read:
AB75,1179,2219 101.123 (1) (g) "Retail establishment" means any store or shop in which retail
20sales is the principal business conducted, except a tavern operating under a "Class
21B" intoxicating liquor license or Class "B" fermented malt beverages license, and

22except bowling centers.
AB75, s. 2098 23Section 2098. 101.123 (1) (gm) of the statutes is repealed.
AB75, s. 2099 24Section 2099. 101.123 (1) (h) of the statutes is renumbered 101.123 (1) (h)
25(intro.) and amended to read:
AB75,1180,2
1101.123 (1) (h) (intro.) "Smoking" means carrying a lighted burning or holding,
2or inhaling or exhaling smoke from, any of the following items containing tobacco:
AB75,1180,3 31. A lighted cigar,.
AB75,1180,4 42. A lighted cigarette,.
AB75,1180,5 53. A lighted pipe or any.
AB75,1180,6 64. Any other lighted smoking equipment.
AB75, s. 2100 7Section 2100. 101.123 (1) (hm) of the statutes is created to read:
AB75,1180,108 101.123 (1) (hm) "Sports arena" means any stadium, pavilion, gymnasium,
9swimming pool, skating rink, bowling center, or other building where spectator
10sporting events are held.
AB75, s. 2101 11Section 2101. 101.123 (1) (i) of the statutes is amended to read:
AB75,1180,1512 101.123 (1) (i) "State institution" means a prison, a mental health institute,
13as defined in s. 51.01 (12) or, a center for the developmentally disabled, as defined
14in s. 51.01 (3), or a secure mental health facility at which persons are committed
15under s. 980.06
.
AB75, s. 2102 16Section 2102. 101.123 (1) (id) of the statutes is created to read:
AB75,1180,1917 101.123 (1) (id) "Substantial wall" means a wall where at least 25 percent of
18the surface area of the wall is not part of an opening that may be used to allow air
19in from the outside.
AB75, s. 2103 20Section 2103. 101.123 (1) (im) of the statutes is created to read:
AB75,1180,2321 101.123 (1) (im) "Tavern" means an establishment, other than a restaurant,
22that holds a "Class B" intoxicating liquor license or Class "B" fermented malt
23beverages license.
AB75, s. 2104 24Section 2104. 101.123 (1) (ip) of the statutes is created to read:
AB75,1181,3
1101.123 (1) (ip) "Treatment facility" means a publicly or private operated
2inpatient facility that provides treatment of alcoholic, drug dependent, mentally ill,
3or developmentally disabled persons.
AB75, s. 2105 4Section 2105. 101.123 (2) (title) of the statutes is repealed and recreated to
5read:
AB75,1181,66 101.123 (2) (title) Prohibition against smoking.
AB75, s. 2106 7Section 2106. 101.123 (2) (a) (intro.) of the statutes is amended to read:
AB75,1181,98 101.123 (2) (a) (intro.) Except as provided in sub. (3), no person may smoke in
9any of the following enclosed places:
AB75, s. 2107 10Section 2107. 101.123 (2) (a) 1. of the statutes is repealed.
AB75, s. 2108 11Section 2108. 101.123 (2) (a) 1g. of the statutes is created to read:
AB75,1181,1212 101.123 (2) (a) 1g. The state capitol.
AB75, s. 2109 13Section 2109. 101.123 (2) (a) 1m. of the statutes is created to read:
AB75,1181,1514 101.123 (2) (a) 1m. Residence halls or dormitories owned or operated by a
15college or university.
AB75, s. 2110 16Section 2110. 101.123 (2) (a) 1r. of the statutes is created to read:
AB75,1181,1717 101.123 (2) (a) 1r. Day care centers.
AB75, s. 2111 18Section 2111. 101.123 (2) (a) 4. of the statutes is repealed and recreated to
19read:
AB75,1181,2020 101.123 (2) (a) 4. Theaters.
AB75, s. 2112 21Section 2112. 101.123 (2) (a) 5. of the statutes is repealed.
AB75, s. 2113 22Section 2113. 101.123 (2) (a) 5m. of the statutes is created to read:
AB75,1181,2323 101.123 (2) (a) 5m. Correctional facilities.
AB75, s. 2114 24Section 2114. 101.123 (2) (a) 5t. of the statutes is created to read:
AB75,1181,2525 101.123 (2) (a) 5t. State institutions.
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