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 of the statutes is repealed and recreated to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 of the statutes is repealed.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.
AB75, s. 2115
1Section 2115. 101.123 (2) (a) 6. of the statutes is repealed.
AB75, s. 2116 2Section 2116. 101.123 (2) (a) 7m. of the statutes is created to read:
AB75,1182,33 101.123 (2) (a) 7m. Taverns.
AB75, s. 2117 4Section 2117. 101.123 (2) (a) 7r. of the statutes is created to read:
AB75,1182,55 101.123 (2) (a) 7r. Private clubs.
AB75, s. 2118 6Section 2118. 101.123 (2) (a) 8d. of the statutes is created to read:
AB75,1182,77 101.123 (2) (a) 8d. Common areas of multiple-unit residential properties.
AB75, s. 2119 8Section 2119. 101.123 (2) (a) 8g. of the statutes is created to read:
AB75,1182,99 101.123 (2) (a) 8g. Lodging establishments except as provided in sub. (3) (k).
AB75, s. 2120 10Section 2120. 101.123 (2) (a) 9. of the statutes is repealed and recreated to
11read:
AB75,1182,1312 101.123 (2) (a) 9. All enclosed places, other than those listed in subds. 1. to 8r.,
13that are places of employment or that are public places.
AB75, s. 2121 14Section 2121. 101.123 (2) (a) 10. of the statutes is renumbered 101.123 (2) (a)
158r. and amended to read:
AB75,1182,1716 101.123 (2) (a) 8r. Any enclosed, indoor area of a state, State, county, city,
17village, or town building buildings.
AB75, s. 2122 18Section 2122. 101.123 (2) (am) of the statutes is repealed.
AB75, s. 2123 19Section 2123. 101.123 (2) (ar) of the statutes is renumbered 101.123 (2) (d) 1.
20and amended to read:
AB75,1182,2221 101.123 (2) (d) 1. Notwithstanding par. (a) and sub. (3), no person may smoke
22in the state capitol building or in
In the immediate vicinity of the state capitol.
AB75, s. 2124 23Section 2124. 101.123 (2) (b) of the statutes is repealed.
AB75, s. 2125 24Section 2125. 101.123 (2) (bm) of the statutes is renumbered 101.123 (2) (d)
252. and amended to read:
AB75,1183,4
1101.123 (2) (d) 2. Notwithstanding par. (a) and sub. (3), no person may smoke
2on
Anywhere on the premises, indoors or outdoors, of a day care center when children
3who are receiving day care services are present. When such children are not present,
4the prohibition under subd. 5. applies.
AB75, s. 2126 5Section 2126. 101.123 (2) (br) of the statutes is renumbered 101.123 (2) (d) 3.
6and amended to read:
AB75,1183,97 101.123 (2) (d) 3. Notwithstanding par. (a) and sub. (3), no person may smoke
8in any enclosed, indoor area of a Type 1 juvenile correctional facility or on
Anywhere
9on
the grounds of a Type 1 juvenile correctional facility.
AB75, s. 2127 10Section 2127. 101.123 (2) (bv) of the statutes is renumbered 101.123 (2) (d) 4.
11and amended to read:
AB75,1183,1512 101.123 (2) (d) 4. Notwithstanding par. (a) and sub. (3), no person may smoke
13in
A location that is 25 feet or less from a residence hall or dormitory that is owned
14or operated by the Board of Regents of the University of Wisconsin System or in any
15location that is 25 feet or less from such a residence hall or dormitory
.
AB75, s. 2128 16Section 2128. 101.123 (2) (c) of the statutes is renumbered 101.123 (4m).
AB75, s. 2129 17Section 2129. 101.123 (2) (d) (intro.) of the statutes is created to read:
AB75,1183,1918 101.123 (2) (d) (intro.) No person may smoke at any of the following outdoor
19locations:
AB75, s. 2130 20Section 2130. 101.123 (2) (d) 5. of the statutes is created to read:
AB75,1183,2221 101.123 (2) (d) 5. A location that is less than a reasonable distance from any
22of the following:
AB75,1183,2423 a. An operable entrance to or from an enclosed place listed in sub. (2) (a) 3. to
249. or a sports arena.
AB75,1184,2
1b. An openable window that is part of an enclosed place listed in sub. (2) (a) 3.
2to 9. or a sports arena.
AB75,1184,43 c. An opening through which air enters, for the purpose of ventilation into an
4enclosed place listed in sub. (2) (a) 3. to 9., or a sports arena.
AB75, s. 2131 5Section 2131. 101.123 (2) (dm) of the statutes is created to read:
AB75,1184,76 101.123 (2) (dm) Paragraph (d) 3. applies in lieu of par. (d) 5. to smoking outside
7of a Type 1 juvenile correctional facility.
AB75, s. 2132 8Section 2132. 101.123 (2) (e) of the statutes is created to read:
AB75,1184,99 101.123 (2) (e) No person may smoke in any of the following:
AB75,1184,1010 1. A sports arena.
AB75,1184,1111 2. A bus shelter.
AB75,1184,1212 3. A public conveyance.
AB75, s. 2133 13Section 2133. 101.123 (2m) of the statutes is created to read:
AB75,1184,1614 101.123 (2m) Responsibility of persons in charge. (a) No person in charge
15may allow any person to smoke in violation of sub. (2) at a location that is under the
16control or direction of the person in charge.
AB75,1184,1817 (b) No person in charge may provide matches, ashtrays, or other equipment for
18smoking at the location where smoking is prohibited.
AB75,1184,2019 (c) A person in charge shall make reasonable efforts to prohibit persons from
20smoking at a location where smoking is prohibited by doing all of the following:
AB75,1184,2221 1. Posting signs setting forth the prohibition and providing other appropriate
22notification and information concerning the prohibition.
AB75,1184,2423 2. Refusing to serve a person, if the person is smoking in a restaurant, tavern,
24or private club.
AB75,1185,2
13. Asking a person who is smoking to refrain from smoking and, if the person
2refuses to do so, asking the person to leave the location.
AB75,1185,53 (d) If a person refuses to leave a location after being requested to do so as
4provided in par. (c) 3., the person in charge shall immediately notify an appropriate
5law enforcement agency of the violation.
AB75,1185,86 (e) A person in charge may take measures in addition to those listed in pars.
7(b) and (c) to prevent persons from being exposed to others who are smoking or to
8further ensure compliance with this section.
AB75, s. 2134 9Section 2134. 101.123 (3) (intro.) of the statutes is amended to read:
AB75,1185,1110 101.123 (3) Exceptions. (intro.) The regulation of prohibition against smoking
11in sub. (2) (a) does not apply to the following places:
AB75, s. 2135 12Section 2135. 101.123 (3) (a) to (gr) of the statutes are repealed.
AB75, s. 2136 13Section 2136. 101.123 (3) (h) of the statutes is created to read:
AB75,1185,1414 101.123 (3) (h) A private residence.
AB75, s. 2137 15Section 2137. 101.123 (3) (i) of the statutes is created to read:
AB75,1185,1716 101.123 (3) (i) A room used by only one person in an assisted living facility as
17his or her residence.
AB75, s. 2138 18Section 2138. 101.123 (3) (j) of the statutes is created to read:
AB75,1185,2219 101.123 (3) (j) A room in an assisted living facility in which 2 or more persons
20reside if every person who lives in that room smokes and each of those persons has
21made a written request to the person in charge of the assisted living facility to be
22placed in a room where smoking is allowed.
AB75, s. 2139 23Section 2139. 101.123 (3) (k) of the statutes is created to read:
AB75,1185,2524 101.123 (3) (k) A room in a lodging establishment that has been designated as
25a room where smoking is allowed, as provided under sub. (3m).
AB75, s. 2140
1Section 2140. 101.123 (3m) of the statutes is created to read:
AB75,1186,42 101.123 (3m) Lodging. (a) Except as provided in par. (b), the owner of a lodging
3establishment may designate not more than 25 percent of the guest rooms in the
4lodging establishment as guest rooms in which smoking is permitted.
AB75,1186,75 (b) If a lodging establishment has less than 4 rooms, the owner of the lodging
6establishment may designate one guest room as a guest room in which smoking is
7permitted.
AB75, s. 2141 8Section 2141. 101.123 (4) of the statutes is repealed.
AB75, s. 2142 9Section 2142. 101.123 (4m) (title) of the statutes is created to read:
AB75,1186,1010 101.123 (4m) (title) Local authority.
AB75, s. 2143 11Section 2143. 101.123 (5) of the statutes is repealed.
AB75, s. 2144 12Section 2144. 101.123 (6) of the statutes is amended to read:
AB75,1186,1613 101.123 (6) Uniform signs. The department shall, by rule, specify uniform
14dimensions and other characteristics of the signs used to designate smoking areas
15required under sub. (2m). These rules may not require the use of signs that are more
16expensive than is necessary to accomplish their purpose.
AB75, s. 2145 17Section 2145. 101.123 (7) of the statutes is amended to read:
AB75,1186,2018 101.123 (7) Signs for state agencies. The department shall arrange with the
19department of administration to have the signs prepared and made available to state
20agencies for use in state facilities that set forth the prohibition against smoking.
AB75, s. 2146 21Section 2146. 101.123 (8) (a) of the statutes is repealed and recreated to read:
AB75,1186,2322 101.123 (8) (a) Any person who violates sub. (2) shall be subject to a forfeiture
23as follows:
AB75,1186,2424 1. Not less than $25 nor more than $50 for the first violation.
AB75,1186,2525 2. Not less than $50 nor more than $100 for the 2nd violation.
AB75,1187,2
13. Not less than $100 nor more than $250 for the 3rd or any subsequent
2violation.
AB75, s. 2147 3Section 2147. 101.123 (8) (b) of the statutes is repealed.
AB75, s. 2148 4Section 2148. 101.123 (8) (c) of the statutes is repealed.
AB75, s. 2149 5Section 2149. 101.123 (8) (d) of the statutes is created to read:
AB75,1187,76 101.123 (8) (d) Any person in charge who violates sub. (2m) shall be subject to
7a forfeiture as follows:
AB75,1187,88 1. Not less than $50 nor more than $100 for the first violation.
AB75,1187,99 2. Not less than $100 nor more than $200 for the 2nd violation.
AB75,1187,1110 3. Not less than $200 nor more than $500 for the 3rd or any subsequent
11violation.
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