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SB181, s. 69 23Section 69. 101.123 (5) of the statutes is repealed.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SB181, s. 72 9Section 72. 101.123 (8) (a) of the statutes is repealed and recreated to read: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SB181, s. 73 16Section 73. 101.123 (8) (b) of the statutes is repealed.
SB181, s. 74 17Section 74. 101.123 (8) (c) of the statutes is repealed.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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1101.123 (8) (e) Each day that sub. (2m) is violated is a separate violation.
SB181, s. 77 2Section 77. 165.60 of the statutes is amended to read:
SB181,15,9 3165.60 Law enforcement. The department of justice is authorized to enforce
4ss. 101.123 (2), (5), (2m), and (8), 944.30, 944.31, 944.33, 944.34, 945.02 (2), 945.03
5(1m), and 945.04 (1m) and ch. 108 and is invested with the powers conferred by law
6upon sheriffs and municipal police officers in the performance of those duties. This
7section does not deprive or relieve sheriffs, constables, and other local police officers
8of the power and duty to enforce those sections, and those officers shall likewise
9enforce those sections.
SB181, s. 78 10Section 78. 165.755 (1) (b) of the statutes is amended to read:
SB181,15,1811 165.755 (1) (b) A court may not impose the crime laboratories and drug law
12enforcement surcharge under par. (a) for a violation of s. 101.123 (2) (a), (am) 1., (ar),
13(bm), (br), or (bv) or (5) (b)
or (2m), for a first violation of s. 23.33 (4c) (a) 2., 30.681
14(1) (b) 1., 346.63 (1) (b), or 350.101 (1) (b), if the person who committed the violation
15had a blood alcohol concentration of 0.08 or more but less than 0.1 at the time of the
16violation, or for a violation of a state law or municipal or county ordinance involving
17a nonmoving traffic violation, a violation under s. 343.51 (1m) (b), or a safety belt use
18violation under s. 347.48 (2m).
SB181, s. 79 19Section 79. 302.46 (1) (a) of the statutes is amended to read:
SB181,16,720 302.46 (1) (a) If a court imposes a fine or forfeiture for a violation of state law
21or for a violation of a municipal or county ordinance except for a violation of s. 101.123
22(2) (a), (am) 1., (ar), (bm), (br), or (bv) or (5) (2m), or for a first violation of s. 23.33 (4c)
23(a) 2., 30.681 (1) (b) 1., 346.63 (1) (b), or 350.101 (1) (b), if the person who committed
24the violation had a blood alcohol concentration of 0.08 or more but less than 0.1 at
25the time of the violation, or for a violation of state laws or municipal or county

1ordinances involving nonmoving traffic violations, violations under s. 343.51 (1m)
2(b), or safety belt use violations under s. 347.48 (2m), the court, in addition, shall
3impose a jail surcharge under ch. 814 in an amount of 1 percent of the fine or
4forfeiture imposed or $10, whichever is greater. If multiple offenses are involved, the
5court shall determine the jail surcharge on the basis of each fine or forfeiture. If a
6fine or forfeiture is suspended in whole or in part, the court shall reduce the jail
7surcharge in proportion to the suspension.
SB181, s. 80 8Section 80. 460.01 (5) of the statutes is amended to read:
SB181,16,119 460.01 (5) "Physician's office" has the meaning given in s. 101.123 (1) (dg)
10means a place, other than a residence or a hospital, that is used primarily to provide
11medical care and treatment
.
SB181, s. 81 12Section 81. 757.05 (1) (a) of the statutes is amended to read:
SB181,16,2513 757.05 (1) (a) Whenever a court imposes a fine or forfeiture for a violation of
14state law or for a violation of a municipal or county ordinance except for a violation
15of s. 101.123 (2) (a), (am) 1., (ar), (bm), (br), or (bv) or (5) (2m), or for a first violation
16of s. 23.33 (4c) (a) 2., 30.681 (1) (b) 1., 346.63 (1) (b), or 350.101 (1) (b), if the person
17who committed the violation had a blood alcohol concentration of 0.08 or more but
18less than 0.1 at the time of the violation, or for a violation of state laws or municipal
19or county ordinances involving nonmoving traffic violations, violations under s.
20343.51 (1m) (b), or safety belt use violations under s. 347.48 (2m), there shall be
21imposed in addition a penalty surcharge under ch. 814 in an amount of 26 percent
22of the fine or forfeiture imposed. If multiple offenses are involved, the penalty
23surcharge shall be based upon the total fine or forfeiture for all offenses. When a fine
24or forfeiture is suspended in whole or in part, the penalty surcharge shall be reduced
25in proportion to the suspension.
SB181, s. 82
1Section 82. 814.63 (1) (c) of the statutes is amended to read:
SB181,17,72 814.63 (1) (c) This subsection does not apply to an action for a violation of s.
3101.123 (2) (a), (am) 1., (ar), (bm), (br), or (bv) or (5) (2m), for a first violation of s. 23.33
4(4c) (a) 2., 30.681 (1) (b) 1., 346.63 (1) (b), or 350.101 (1) (b), if the person who
5committed the violation had a blood alcohol concentration of 0.08 or more but less
6than 0.1 at the time of the violation, or for a violation under s. 343.51 (1m) (b) or a
7safety belt use violation under s. 347.48 (2m).
SB181, s. 83 8Section 83. Initial applicability.
SB181,17,109 (1) This act first applies to violations occurring on the effective date of this
10subsection.
SB181, s. 84 11Section 84. Effective date.
SB181,17,1312 (1) This act takes effect on the first day of the 3rd month beginning after
13publication.
SB181,17,1414 (End)
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