SB181, s. 37 9Section 37. 101.123 (2) (a) 4. of the statutes is repealed and recreated to read:
SB181,9,1010 101.123 (2) (a) 4. Theaters.
SB181, s. 38 11Section 38. 101.123 (2) (a) 5. of the statutes is repealed.
SB181, s. 39 12Section 39. 101.123 (2) (a) 5m. of the statutes is created to read:
SB181,9,1313 101.123 (2) (a) 5m. Correctional facilities.
SB181, s. 40 14Section 40. 101.123 (2) (a) 5t. of the statutes is created to read:
SB181,9,1515 101.123 (2) (a) 5t. State institutions.
SB181, s. 41 16Section 41. 101.123 (2) (a) 6. of the statutes is repealed.
SB181, s. 42 17Section 42. 101.123 (2) (a) 7m. of the statutes is created to read:
SB181,9,1818 101.123 (2) (a) 7m. Taverns.
SB181, s. 43 19Section 43. 101.123 (2) (a) 7r. of the statutes is created to read:
SB181,9,2020 101.123 (2) (a) 7r. Private clubs.
SB181, s. 44 21Section 44. 101.123 (2) (a) 8d. of the statutes is created to read:
SB181,9,2222 101.123 (2) (a) 8d. Common areas of multiple-unit residential properties.
SB181, s. 45 23Section 45. 101.123 (2) (a) 8g. of the statutes is created to read:
SB181,9,2424 101.123 (2) (a) 8g. Lodging establishments except as provided in sub. (3) (k).
SB181, s. 46 25Section 46. 101.123 (2) (a) 9. of the statutes is repealed and recreated to read:
SB181,10,2
1101.123 (2) (a) 9. All enclosed places, other than those listed in subds. 1. to 8r.,
2that are places of employment or that are public places.
SB181, s. 47 3Section 47. 101.123 (2) (a) 10. of the statutes is renumbered 101.123 (2) (a) 8r.
4and amended to read:
SB181,10,65 101.123 (2) (a) 8r. Any enclosed, indoor area of a state, State, county, city,
6village, or town building buildings.
SB181, s. 48 7Section 48. 101.123 (2) (am) of the statutes is repealed.
SB181, s. 49 8Section 49. 101.123 (2) (ar) of the statutes is renumbered 101.123 (2) (d) 1. and
9amended to read:
SB181,10,1110 101.123 (2) (d) 1. Notwithstanding par. (a) and sub. (3), no person may smoke
11in the state capitol building or in
In the immediate vicinity of the state capitol.
SB181, s. 50 12Section 50. 101.123 (2) (b) of the statutes is repealed.
SB181, s. 51 13Section 51. 101.123 (2) (bm) of the statutes is renumbered 101.123 (2) (d) 2.
14and amended to read:
SB181,10,1815 101.123 (2) (d) 2. Notwithstanding par. (a) and sub. (3), no person may smoke
16on
Anywhere on the premises, indoors or outdoors, of a day care center when children
17who are receiving day care services are present. When such children are not present,
18the prohibition under subd. 5. applies.
SB181, s. 52 19Section 52. 101.123 (2) (br) of the statutes is renumbered 101.123 (2) (d) 3. and
20amended to read:
SB181,10,2321 101.123 (2) (d) 3. Notwithstanding par. (a) and sub. (3), no person may smoke
22in any enclosed, indoor area of a Type 1 juvenile correctional facility or on
Anywhere
23on
the grounds of a Type 1 juvenile correctional facility.
SB181, s. 53 24Section 53. 101.123 (2) (bv) of the statutes is renumbered 101.123 (2) (d) 4. and
25amended to read:
SB181,11,4
1101.123 (2) (d) 4. Notwithstanding par. (a) and sub. (3), no person may smoke
2in
A location that is 25 feet or less from a residence hall or dormitory that is owned
3or operated by the Board of Regents of the University of Wisconsin System or in any
4location that is 25 feet or less from such a residence hall or dormitory
.
SB181, s. 54 5Section 54. 101.123 (2) (c) of the statutes is renumbered 101.123 (4m).
SB181, s. 55 6Section 55. 101.123 (2) (d) (intro.) of the statutes is created to read:
SB181,11,87 101.123 (2) (d) (intro.) No person may smoke at any of the following outdoor
8locations:
SB181, s. 56 9Section 56. 101.123 (2) (d) 5. of the statutes is created to read:
SB181,11,1110 101.123 (2) (d) 5. A location that is less than a reasonable distance from any
11of the following:
SB181,11,1312 a. An operable entrance to or from an enclosed place listed in sub. (2) (a) 3. to
139. or a sports arena.
SB181,11,1514 b. An openable window that is part of an enclosed place listed in sub. (2) (a) 3.
15to 9. or a sports arena.
SB181,11,1716 c. An opening through which air enters, for the purpose of ventilation into an
17enclosed place listed in sub. (2) (a) 3. to 9., or a sports arena.
SB181, s. 57 18Section 57. 101.123 (2) (dm) of the statutes is created to read:
SB181,11,2019 101.123 (2) (dm) Paragraph (d) 3. applies in lieu of par. (d) 5. to smoking outside
20of a Type 1 juvenile correctional facility.
SB181, s. 58 21Section 58. 101.123 (2) (e) of the statutes is created to read:
SB181,11,2222 101.123 (2) (e) No person may smoke in any of the following:
SB181,11,2323 1. A sports arena.
SB181,11,2424 2. A bus shelter.
SB181,11,2525 3. A public conveyance.
SB181, s. 59
1Section 59. 101.123 (2m) of the statutes is created to read:
SB181,12,42 101.123 (2m) Responsibility of persons in charge. (a) No person in charge
3may allow any person to smoke in violation of sub. (2) at a location that is under the
4control or direction of the person in charge.
SB181,12,65 (b) No person in charge may provide matches, ashtrays, or other equipment for
6smoking at the location where smoking is prohibited.
SB181,12,87 (c) A person in charge shall make reasonable efforts to prohibit persons from
8smoking at a location where smoking is prohibited by doing all of the following:
SB181,12,109 1. Posting signs setting forth the prohibition and providing other appropriate
10notification and information concerning the prohibition.
SB181,12,1211 2. Refusing to serve a person, if the person is smoking in a restaurant, tavern,
12or private club.
SB181,12,1413 3. Asking a person who is smoking to refrain from smoking and, if the person
14refuses to do so, asking the person to leave the location.
SB181,12,1715 (d) If a person refuses to leave a location after being requested to do so as
16provided in par. (c) 3., the person in charge shall immediately notify an appropriate
17law enforcement agency of the violation.
SB181,12,2018 (e) A person in charge may take measures in addition to those listed in pars.
19(b) and (c) to prevent persons from being exposed to others who are smoking or to
20further ensure compliance with this section.
SB181, s. 60 21Section 60. 101.123 (3) (intro.) of the statutes is amended to read:
SB181,12,2322 101.123 (3) Exceptions. (intro.) The regulation of prohibition against smoking
23in sub. (2) (a) does not apply to the following places:
SB181, s. 61 24Section 61. 101.123 (3) (a) to (gr) of the statutes are repealed.
SB181, s. 62 25Section 62. 101.123 (3) (h) of the statutes is created to read:
SB181,13,1
1101.123 (3) (h) A private residence.
SB181, s. 63 2Section 63. 101.123 (3) (i) of the statutes is created to read:
SB181,13,43 101.123 (3) (i) A room used by only one person in an assisted living facility as
4his or her residence.
SB181, s. 64 5Section 64. 101.123 (3) (j) of the statutes is created to read:
SB181,13,96 101.123 (3) (j) A room in an assisted living facility in which 2 or more persons
7reside if every person who lives in that room smokes and each of those persons has
8made a written request to the person in charge of the assisted living facility to be
9placed in a room where smoking is allowed.
SB181, s. 65 10Section 65. 101.123 (3) (k) of the statutes is created to read:
SB181,13,1211 101.123 (3) (k) A room in a lodging establishment that has been designated as
12a room where smoking is allowed, as provided under sub. (3m).
SB181, s. 66 13Section 66. 101.123 (3m) of the statutes is created to read:
SB181,13,1614 101.123 (3m) Lodging. (a) Except as provided in par. (b), the owner of a lodging
15establishment may designate not more than 25 percent of the guest rooms in the
16lodging establishment as guest rooms in which smoking is permitted.
SB181,13,1917 (b) If a lodging establishment has less than 4 rooms, the owner of the lodging
18establishment may designate one guest room as a guest room in which smoking is
19permitted.
SB181, s. 67 20Section 67. 101.123 (4) of the statutes is repealed.
SB181, s. 68 21Section 68. 101.123 (4m) (title) of the statutes is created to read:
SB181,13,2222 101.123 (4m) (title) Local authority.
SB181, s. 69 23Section 69. 101.123 (5) of the statutes is repealed.
SB181, s. 70 24Section 70. 101.123 (6) of the statutes is amended to read:
SB181,14,4
1101.123 (6) Uniform signs. The department shall, by rule, specify uniform
2dimensions and other characteristics of the signs used to designate smoking areas
3required under sub. (2m). These rules may not require the use of signs that are more
4expensive than is necessary to accomplish their purpose.
SB181, s. 71 5Section 71. 101.123 (7) of the statutes is amended to read:
SB181,14,86 101.123 (7) Signs for state agencies. The department shall arrange with the
7department of administration to have the signs prepared and made available to state
8agencies for use in state facilities that set forth the prohibition against smoking.
SB181, s. 72 9Section 72. 101.123 (8) (a) of the statutes is repealed and recreated to read:
SB181,14,1110 101.123 (8) (a) Any person who violates sub. (2) shall be subject to a forfeiture
11as follows:
SB181,14,1212 1. Not less than $25 nor more than $50 for the first violation.
SB181,14,1313 2. Not less than $50 nor more than $100 for the 2nd violation.
SB181,14,1514 3. Not less than $100 nor more than $250 for the 3rd or any subsequent
15violation.
SB181, s. 73 16Section 73. 101.123 (8) (b) of the statutes is repealed.
SB181, s. 74 17Section 74. 101.123 (8) (c) of the statutes is repealed.
SB181, s. 75 18Section 75. 101.123 (8) (d) of the statutes is created to read:
SB181,14,2019 101.123 (8) (d) Any person in charge who violates sub. (2m) shall be subject to
20a forfeiture as follows:
SB181,14,2121 1. Not less than $50 nor more than $100 for the first violation.
SB181,14,2222 2. Not less than $100 nor more than $200 for the 2nd violation.
SB181,14,2423 3. Not less than $200 nor more than $500 for the 3rd or any subsequent
24violation.
SB181, s. 76 25Section 76. 101.123 (8) (e) of the statutes is created to read:
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