AB75: Bill Text

AB75,1178,17 101.123 (1) (d) "Person in charge" means the person , or his or her agent, who ultimately controls, governs or directs the activities aboard a public conveyance or within a place at a location where smoking is prohibited or regulated under this section, regardless of the person's status as owner or lessee.

AB75, s. 2090 Section 2090. 101.123 (1) (dg) of the statutes is repealed.

AB75, s. 2091 Section 2091. 101.123 (1) (dj) of the statutes is created to read:

AB75,1178,24 101.123 (1) (dj) Notwithstanding s. 101.01 (11), "place of employment" means any enclosed place that employees normally frequent during the course of employment, including an office, a work area, an elevator, an employee lounge, a restroom, a conference room, a meeting room, a classroom, a hallway, a stairway, a lobby, a common area, a vehicle, or an employee cafeteria.

AB75, s. 2092 Section 2092. 101.123 (1) (dm) of the statutes is renumbered 77.51 (11m).

AB75, s. 2093 Section 2093. 101.123 (1) (dn) of the statutes is created to read:

AB75,1179,4 101.123 (1) (dn) "Private club" means a facility used by an organization that limits its membership and is organized for a recreational, fraternal, social, patriotic, political, benevolent, or athletic purpose.

AB75, s. 2094 Section 2094. 101.123 (1) (e) of the statutes is amended to read:

AB75,1179,10 101.123 (1) (e) "Public conveyance" means a mass transit vehicles vehicle as defined by in s. 340.01 (28m) and, a school buses bus as defined by in s. 340.01 (56), or any other device by which persons are transported, for hire, on a highway or by rail, water, air, or guidewire within this state, but does not include such a device while providing transportation in interstate commerce.

AB75, s. 2095 Section 2095. 101.123 (1) (eg) of the statutes is created to read:

AB75,1179,14 101.123 (1) (eg) "Public place" means any enclosed place that is open to the public, regardless of whether a fee is charged or a place to which the public has lawful access or may be invited.

AB75, s. 2096 Section 2096. 101.123 (1) (f) of the statutes is amended to read:

AB75,1179,17 101.123 (1) (f) "Restaurant" means an establishment as defined in s. 254.61 (5) with a seating capacity of more than 50 persons.

AB75, s. 2097 Section 2097. 101.123 (1) (g) of the statutes is amended to read:

AB75,1179,22 101.123 (1) (g) "Retail establishment" means any store or shop in which retail sales is the principal business conducted, except a tavern operating under a "Class B" intoxicating liquor license or Class "B" fermented malt beverages license, and except bowling centers.

AB75, s. 2098 Section 2098. 101.123 (1) (gm) of the statutes is repealed.

AB75, s. 2099 Section 2099. 101.123 (1) (h) of the statutes is renumbered 101.123 (1) (h) (intro.) and amended to read:

AB75,1180,2 101.123 (1) (h) (intro.) "Smoking" means carrying a lighted burning or holding, or inhaling or exhaling smoke from, any of the following items containing tobacco:

AB75,1180,3 1. A lighted cigar,.

AB75,1180,4 2. A lighted cigarette,.

AB75,1180,5 3. A lighted pipe or any.

AB75,1180,6 4. Any other lighted smoking equipment.

AB75, s. 2100 Section 2100. 101.123 (1) (hm) of the statutes is created to read:

AB75,1180,10 101.123 (1) (hm) "Sports arena" means any stadium, pavilion, gymnasium, swimming pool, skating rink, bowling center, or other building where spectator sporting events are held.

AB75, s. 2101 Section 2101. 101.123 (1) (i) of the statutes is amended to read:

AB75,1180,15 101.123 (1) (i) "State institution" means a prison, a mental health institute, as defined in s. 51.01 (12) or, a center for the developmentally disabled, as defined in s. 51.01 (3), or a secure mental health facility at which persons are committed under s. 980.06.

AB75, s. 2102 Section 2102. 101.123 (1) (id) of the statutes is created to read:

AB75,1180,19 101.123 (1) (id) "Substantial wall" means a wall where at least 25 percent of the surface area of the wall is not part of an opening that may be used to allow air in from the outside.

AB75, s. 2103 Section 2103. 101.123 (1) (im) of the statutes is created to read:

AB75,1180,23 101.123 (1) (im) "Tavern" means an establishment, other than a restaurant, that holds a "Class B" intoxicating liquor license or Class "B" fermented malt beverages license.

AB75, s. 2104 Section 2104. 101.123 (1) (ip) of the statutes is created to read:

AB75,1181,3 101.123 (1) (ip) "Treatment facility" means a publicly or private operated inpatient facility that provides treatment of alcoholic, drug dependent, mentally ill, or developmentally disabled persons.

AB75, s. 2105 Section 2105. 101.123 (2) (title) of the statutes is repealed and recreated to read:

AB75,1181,6 101.123 (2) (title) Prohibition against smoking.

AB75, s. 2106 Section 2106. 101.123 (2) (a) (intro.) of the statutes is amended to read:

AB75,1181,9 101.123 (2) (a) (intro.) Except as provided in sub. (3), no person may smoke in any of the following enclosed places:

AB75, s. 2107 Section 2107. 101.123 (2) (a) 1. of the statutes is repealed.

AB75, s. 2108 Section 2108. 101.123 (2) (a) 1g. of the statutes is created to read:

AB75,1181,12 101.123 (2) (a) 1g. The state capitol.

AB75, s. 2109 Section 2109. 101.123 (2) (a) 1m. of the statutes is created to read:

AB75,1181,15 101.123 (2) (a) 1m. Residence halls or dormitories owned or operated by a college or university.

AB75, s. 2110 Section 2110. 101.123 (2) (a) 1r. of the statutes is created to read:

AB75,1181,17 101.123 (2) (a) 1r. Day care centers.

AB75, s. 2111 Section 2111. 101.123 (2) (a) 4. of the statutes is repealed and recreated to read:

AB75,1181,20 101.123 (2) (a) 4. Theaters.

AB75, s. 2112 Section 2112. 101.123 (2) (a) 5. of the statutes is repealed.

AB75, s. 2113 Section 2113. 101.123 (2) (a) 5m. of the statutes is created to read:

AB75,1181,23 101.123 (2) (a) 5m. Correctional facilities.

AB75, s. 2114 Section 2114. 101.123 (2) (a) 5t. of the statutes is created to read:

AB75,1181,25 101.123 (2) (a) 5t. State institutions.

AB75, s. 2115 Section 2115. 101.123 (2) (a) 6. of the statutes is repealed.

AB75, s. 2116 Section 2116. 101.123 (2) (a) 7m. of the statutes is created to read:

AB75,1182,3 101.123 (2) (a) 7m. Taverns.

AB75, s. 2117 Section 2117. 101.123 (2) (a) 7r. of the statutes is created to read:

AB75,1182,5 101.123 (2) (a) 7r. Private clubs.

AB75, s. 2118 Section 2118. 101.123 (2) (a) 8d. of the statutes is created to read:

AB75,1182,7 101.123 (2) (a) 8d. Common areas of multiple-unit residential properties.

AB75, s. 2119 Section 2119. 101.123 (2) (a) 8g. of the statutes is created to read:

AB75,1182,9 101.123 (2) (a) 8g. Lodging establishments except as provided in sub. (3) (k).

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: