AB75: Bill Text

AB75, s. 2120 Section 2120. 101.123 (2) (a) 9. of the statutes is repealed and recreated to read:

AB75,1182,13 101.123 (2) (a) 9. All enclosed places, other than those listed in subds. 1. to 8r., that are places of employment or that are public places.

AB75, s. 2121 Section 2121. 101.123 (2) (a) 10. of the statutes is renumbered 101.123 (2) (a) 8r. and amended to read:

AB75,1182,17 101.123 (2) (a) 8r. Any enclosed, indoor area of a state, State, county, city, village, or town building buildings.

AB75, s. 2122 Section 2122. 101.123 (2) (am) of the statutes is repealed.

AB75, s. 2123 Section 2123. 101.123 (2) (ar) of the statutes is renumbered 101.123 (2) (d) 1. and amended to read:

AB75,1182,22 101.123 (2) (d) 1. Notwithstanding par. (a) and sub. (3), no person may smoke in the state capitol building or in In the immediate vicinity of the state capitol.

AB75, s. 2124 Section 2124. 101.123 (2) (b) of the statutes is repealed.

AB75, s. 2125 Section 2125. 101.123 (2) (bm) of the statutes is renumbered 101.123 (2) (d) 2. and amended to read:

AB75,1183,4 101.123 (2) (d) 2. Notwithstanding par. (a) and sub. (3), no person may smoke on Anywhere on the premises, indoors or outdoors, of a day care center when children who are receiving day care services are present. When such children are not present, the prohibition under subd. 5. applies.

AB75, s. 2126 Section 2126. 101.123 (2) (br) of the statutes is renumbered 101.123 (2) (d) 3. and amended to read:

AB75,1183,9 101.123 (2) (d) 3. Notwithstanding par. (a) and sub. (3), no person may smoke in any enclosed, indoor area of a Type 1 juvenile correctional facility or on Anywhere on the grounds of a Type 1 juvenile correctional facility.

AB75, s. 2127 Section 2127. 101.123 (2) (bv) of the statutes is renumbered 101.123 (2) (d) 4. and amended to read:

AB75,1183,15 101.123 (2) (d) 4. Notwithstanding par. (a) and sub. (3), no person may smoke in A location that is 25 feet or less from a residence hall or dormitory that is owned or operated by the Board of Regents of the University of Wisconsin System or in any location that is 25 feet or less from such a residence hall or dormitory.

AB75, s. 2128 Section 2128. 101.123 (2) (c) of the statutes is renumbered 101.123 (4m).

AB75, s. 2129 Section 2129. 101.123 (2) (d) (intro.) of the statutes is created to read:

AB75,1183,19 101.123 (2) (d) (intro.) No person may smoke at any of the following outdoor locations:

AB75, s. 2130 Section 2130. 101.123 (2) (d) 5. of the statutes is created to read:

AB75,1183,22 101.123 (2) (d) 5. A location that is less than a reasonable distance from any of the following:

AB75,1183,24 a. An operable entrance to or from an enclosed place listed in sub. (2) (a) 3. to 9. or a sports arena.

AB75,1184,2 b. An openable window that is part of an enclosed place listed in sub. (2) (a) 3. to 9. or a sports arena.

AB75,1184,4 c. An opening through which air enters, for the purpose of ventilation into an enclosed place listed in sub. (2) (a) 3. to 9., or a sports arena.

AB75, s. 2131 Section 2131. 101.123 (2) (dm) of the statutes is created to read:

AB75,1184,7 101.123 (2) (dm) Paragraph (d) 3. applies in lieu of par. (d) 5. to smoking outside of a Type 1 juvenile correctional facility.

AB75, s. 2132 Section 2132. 101.123 (2) (e) of the statutes is created to read:

AB75,1184,9 101.123 (2) (e) No person may smoke in any of the following:

AB75,1184,10 1. A sports arena.

AB75,1184,11 2. A bus shelter.

AB75,1184,12 3. A public conveyance.

AB75, s. 2133 Section 2133. 101.123 (2m) of the statutes is created to read:

AB75,1184,16 101.123 (2m) Responsibility of persons in charge. (a) No person in charge may allow any person to smoke in violation of sub. (2) at a location that is under the control or direction of the person in charge.

AB75,1184,18 (b) No person in charge may provide matches, ashtrays, or other equipment for smoking at the location where smoking is prohibited.

AB75,1184,20 (c) A person in charge shall make reasonable efforts to prohibit persons from smoking at a location where smoking is prohibited by doing all of the following:

AB75,1184,22 1. Posting signs setting forth the prohibition and providing other appropriate notification and information concerning the prohibition.

AB75,1184,24 2. Refusing to serve a person, if the person is smoking in a restaurant, tavern, or private club.

AB75,1185,2 3. Asking a person who is smoking to refrain from smoking and, if the person refuses to do so, asking the person to leave the location.

AB75,1185,5 (d) If a person refuses to leave a location after being requested to do so as provided in par. (c) 3., the person in charge shall immediately notify an appropriate law enforcement agency of the violation.

AB75,1185,8 (e) A person in charge may take measures in addition to those listed in pars. (b) and (c) to prevent persons from being exposed to others who are smoking or to further ensure compliance with this section.

AB75, s. 2134 Section 2134. 101.123 (3) (intro.) of the statutes is amended to read:

AB75,1185,11 101.123 (3) Exceptions. (intro.) The regulation of prohibition against smoking in sub. (2) (a) does not apply to the following places:

AB75, s. 2135 Section 2135. 101.123 (3) (a) to (gr) of the statutes are repealed.

AB75, s. 2136 Section 2136. 101.123 (3) (h) of the statutes is created to read:

AB75,1185,14 101.123 (3) (h) A private residence.

AB75, s. 2137 Section 2137. 101.123 (3) (i) of the statutes is created to read:

AB75,1185,17 101.123 (3) (i) A room used by only one person in an assisted living facility as his or her residence.

AB75, s. 2138 Section 2138. 101.123 (3) (j) of the statutes is created to read:

AB75,1185,22 101.123 (3) (j) A room in an assisted living facility in which 2 or more persons reside if every person who lives in that room smokes and each of those persons has made a written request to the person in charge of the assisted living facility to be placed in a room where smoking is allowed.

AB75, s. 2139 Section 2139. 101.123 (3) (k) of the statutes is created to read:

AB75,1185,25 101.123 (3) (k) A room in a lodging establishment that has been designated as a room where smoking is allowed, as provided under sub. (3m).

AB75, s. 2140 Section 2140. 101.123 (3m) of the statutes is created to read:

AB75,1186,4 101.123 (3m) Lodging. (a) Except as provided in par. (b), the owner of a lodging establishment may designate not more than 25 percent of the guest rooms in the lodging establishment as guest rooms in which smoking is permitted.

AB75,1186,7 (b) If a lodging establishment has less than 4 rooms, the owner of the lodging establishment may designate one guest room as a guest room in which smoking is permitted.

AB75, s. 2141 Section 2141. 101.123 (4) of the statutes is repealed.

AB75, s. 2142 Section 2142. 101.123 (4m) (title) of the statutes is created to read:

AB75,1186,10 101.123 (4m) (title) Local authority.

AB75, s. 2143 Section 2143. 101.123 (5) of the statutes is repealed.

AB75, s. 2144 Section 2144. 101.123 (6) of the statutes is amended to read:

AB75,1186,16 101.123 (6) Uniform signs. The department shall, by rule, specify uniform dimensions and other characteristics of the signs used to designate smoking areas required under sub. (2m). These rules may not require the use of signs that are more expensive than is necessary to accomplish their purpose.

AB75, s. 2145 Section 2145. 101.123 (7) of the statutes is amended to read:

AB75,1186,20 101.123 (7) Signs for state agencies. The department shall arrange with the department of administration to have the signs prepared and made available to state agencies for use in state facilities that set forth the prohibition against smoking.

AB75, s. 2146 Section 2146. 101.123 (8) (a) of the statutes is repealed and recreated to read:

AB75,1186,23 101.123 (8) (a) Any person who violates sub. (2) shall be subject to a forfeiture as follows:

AB75,1186,24 1. Not less than $25 nor more than $50 for the first violation.

AB75,1186,25 2. Not less than $50 nor more than $100 for the 2nd violation.

AB75,1187,2 3. Not less than $100 nor more than $250 for the 3rd or any subsequent violation.

AB75, s. 2147 Section 2147. 101.123 (8) (b) of the statutes is repealed.

AB75, s. 2148 Section 2148. 101.123 (8) (c) of the statutes is repealed.

AB75, s. 2149 Section 2149. 101.123 (8) (d) of the statutes is created to read:

AB75,1187,7 101.123 (8) (d) Any person in charge who violates sub. (2m) shall be subject to a forfeiture as follows:

AB75,1187,8 1. Not less than $50 nor more than $100 for the first violation.

AB75,1187,9 2. Not less than $100 nor more than $200 for the 2nd violation.

AB75,1187,11 3. Not less than $200 nor more than $500 for the 3rd or any subsequent violation.

AB75, s. 2150 Section 2150. 101.123 (8) (e) of the statutes is created to read:

AB75,1187,13 101.123 (8) (e) Each day that sub. (2m) is violated is a separate violation.

AB75, s. 2151 Section 2151. 101.143 (3) (a) (intro.) of the statutes is amended to read:

AB75,1187,21 101.143 (3) (a) Who may submit a claim. (intro.) Subject to pars. (ab), (ae), (ah), (am) and (ap), an owner or operator or a person owning a home oil tank system may submit a claim to the department for an award under sub. (4) to reimburse the owner or operator or the person for the eligible costs under sub. (4) (b) that the owner or operator or the person incurs because of a petroleum products discharge from a petroleum product storage system or home oil tank system if all of the following apply:

AB75, s. 2152 Section 2152. 101.143 (3) (ab) of the statutes is created to read:

AB75,1188,2 101.143 (3) (ab) Deadline for notifying department. An owner or operator or person owning a home oil tank system is not eligible for an award under this section for costs incurred because of a petroleum product discharge if the owner or operator or person does not notify the department under par. (a) 3. of the discharge, and the potential for submitting a claim under this section, before January 1, 2012.

AB75, s. 2153 Section 2153. 101.143 (4) (ei) 1m. a. of the statutes is amended to read:

AB75,1188,14 101.143 (4) (ei) 1m. a. The owner or operator of the farm tank owns a parcel of 35 or more acres of contiguous land, on which the farm tank is located, which is devoted primarily to agricultural use, as defined in s. 91.01 (1) (2), including land designated by the department of natural resources as part of the ice age trail under s. 23.17, which during the year preceding submission of a first claim under sub. (3) produced gross farm profits, as defined in s. 71.58 (4), of not less than $6,000 or which, during the 3 years preceding that submission produced gross farm profits, as defined in s. 71.58 (4), of not less than $18,000, or a parcel of 35 or more acres, on which the farm tank is located, of which at least 35 acres, during part or all of the year preceding that submission, were enrolled in the conservation reserve program under 16 USC 3831 to 3836.

AB75, s. 2154 Section 2154. 101.143 (4) (ei) 1m. b. of the statutes is amended to read:

AB75,1189,2 101.143 (4) (ei) 1m. b. The claim is submitted by a person who, at the time that the notification was made under sub. (3) (a) 3., was the owner of the farm tank and owned a parcel of 35 or more acres of contiguous land, on which the farm tank is or was located, which was devoted primarily to agricultural use, as defined in s. 91.01 (1) (2), including land designated by the department of natural resources as part of the ice age trail under s. 23.17, which during the year preceding that notification produced gross farm profits, as defined in s. 71.58 (4), of not less than $6,000 or which, during the 3 years preceding that notification, produced gross farm profits, as defined in s. 71.58 (4), of not less than $18,000, or a parcel of 35 or more acres, on which the farm tank is located, of which at least 35 acres, during part or all of the year preceding that notification, were enrolled in the conservation reserve program under 16 USC 3831 to 3836.

AB75, s. 2155 Section 2155. 101.1435 of the statutes is created to read:

AB75,1189,6 101.1435 Removal of abandoned underground petroleum storage tanks. (1) In this section, "underground petroleum product storage tank system" has the meaning given in s. 101.143 (1) (i).

AB75,1189,11 (2) The department may contract with a person registered or certified under s. 101.09 (3) to empty, clean, remove, and dispose of an underground petroleum product storage tank system; to assess the site on which the underground petroleum product storage tank system is located; and to backfill the excavation if all of the following apply:

AB75,1189,13 (a) The department determines that the underground petroleum product storage tank system is abandoned.

AB75,1189,19 (b) Using the method that the department uses to determine inability to pay under s. 101.143 (4) (ee), the department determines that the owner of the underground petroleum product storage tank system is unable to pay to empty, clean, remove, and dispose of the underground petroleum product storage tank system; to assess the site on which the underground petroleum product storage tank system is located; and to backfill the excavation.

AB75,1190,2 (3) If the department incurs costs under sub. (2), the department shall record a statement of lien with the register of deeds of the county in which the underground petroleum product storage tank system was located. Upon recording the statement of lien, the department has a lien on the property on which the underground petroleum product storage tank system was located in the amount of the costs incurred. The property remains subject to the lien until that amount is paid in full to the department. The department shall deposit payments received under this subsection into the petroleum inspection fund.

AB75, s. 2156 Section 2156. 101.177 (1) (d) of the statutes is amended to read: