LRB-0086/1
MGG:kjf:md
2009 - 2010 LEGISLATURE
May 4, 2009 - Introduced by Senators Risser, Ellis, Robson, Jauch, Miller,
Darling
and Coggs, cosponsored by Representatives Richards, A. Ott, Seidel,
Zigmunt, Milroy, Benedict, Parisi, Berceau, Black, Roys, Soletski, Gottlieb,
Clark, Bernard Schaber, Mursau, Toles, Hilgenberg, Cullen, Sinicki,
Townsend, Pope-Roberts, Smith, Pasch, Hintz, Spanbauer
and Montgomery.
Referred to Committee on Health, Health Insurance, Privacy, Property Tax
Relief, and Revenue.
SB181,2,8 1An Act to repeal 101.123 (1) (am), 101.123 (1) (bg), 101.123 (1) (bm), 101.123 (1)
2(br), 101.123 (1) (c), 101.123 (1) (dg), 101.123 (1) (gm), 101.123 (2) (a) 1., 101.123
3(2) (a) 5., 101.123 (2) (a) 6., 101.123 (2) (am), 101.123 (2) (b), 101.123 (3) (a) to
4(gr), 101.123 (4), 101.123 (5), 101.123 (8) (b) and 101.123 (8) (c); to renumber
5101.123 (1) (a), 101.123 (1) (dm) and 101.123 (2) (c); to renumber and amend
6101.123 (1) (h), 101.123 (2) (a) 10., 101.123 (2) (ar), 101.123 (2) (bm), 101.123
7(2) (br) and 101.123 (2) (bv); to amend 77.52 (2) (ag) 39. (intro.), 101.123 (1) (ar),
8101.123 (1) (b), 101.123 (1) (d), 101.123 (1) (e), 101.123 (1) (f), 101.123 (1) (g),
9101.123 (1) (i), 101.123 (2) (a) (intro.), 101.123 (3) (intro.), 101.123 (6), 101.123
10(7), 165.60, 165.755 (1) (b), 302.46 (1) (a), 460.01 (5), 757.05 (1) (a) and 814.63
11(1) (c); to repeal and recreate 101.123 (2) (title), 101.123 (2) (a) 4., 101.123 (2)
12(a) 9. and 101.123 (8) (a); and to create 101.123 (1) (ab), 101.123 (1) (ac),
13101.123 (1) (aj), 101.123 (1) (ak), 101.123 (1) (bn), 101.123 (1) (dj), 101.123 (1)
14(dn), 101.123 (1) (eg), 101.123 (1) (hm), 101.123 (1) (id), 101.123 (1) (im), 101.123

1(1) (ip), 101.123 (2) (a) 1g., 101.123 (2) (a) 1m., 101.123 (2) (a) 1r., 101.123 (2)
2(a) 5m., 101.123 (2) (a) 5t., 101.123 (2) (a) 7m., 101.123 (2) (a) 7r., 101.123 (2)
3(a) 8d., 101.123 (2) (a) 8g., 101.123 (2) (d) (intro.), 101.123 (2) (d) 5., 101.123 (2)
4(dm), 101.123 (2) (e), 101.123 (2m), 101.123 (3) (h), 101.123 (3) (i), 101.123 (3)
5(j), 101.123 (3) (k), 101.123 (3m), 101.123 (4m) (title), 101.123 (8) (d) and
6101.123 (8) (e) of the statutes; relating to: prohibiting smoking in indoor areas,
7in sports arenas, in public conveyances, and at certain outdoor locations and
8providing a penalty.
Analysis by the Legislative Reference Bureau
Current law prohibits smoking in mass transit vehicles and specific enclosed,
indoor locations, including the following:
1. Inpatient health care facilities, such as community based-residential
facilities and nursing homes.
2. Prisons and jails.
3. Retail establishments.
4. Restaurants.
5. Governmental buildings.
Except for hospitals, school buses, day care centers where children are present,
and a few other places, a smoking area at an indoor location may be designated by
the person who is in charge of that location. For example, the person in charge of a
business is the owner of the business and the person in charge of a prison is the state
secretary of corrections.
Under the bill, smoking areas at indoor locations may no longer be designated
resulting in a complete ban on indoor smoking at those locations with exceptions for
private residences, a limited number of designated rooms in lodging establishments,
and certain residence rooms in assisted living facilities. In addition to the specified
indoor locations listed under current law, the bill prohibits smoking in any public
place or place of employment. The bill defines "a place of employment" to be any
indoor place that employees normally frequent during the course of employment,
such as an office, a work area, an employee lounge, a restroom, a conference room,
a meeting room, a classroom, or a hallway. The bill also defines a "public place" to
be a 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. In addition, the bill defines
an "enclosed place" for purposes of determining at what locations smoking is
prohibited. An enclosed place must have a roof and at least two walls.
Current law provides exemptions from the prohibition against smoking for
bowling centers, taverns, halls used for private functions, rooms in which the main

occupants are smokers, and areas of facilities that are used to manufacture or
assemble goods, products, or merchandise. This bill eliminates these exemptions.
Current law allows smoking in any restaurant that has a seating capacity of 50
individuals or less, or that holds a liquor license, if the sale of alcohol beverages
accounts for more than 50 percent of the restaurant's receipts. This bill prohibits
smoking in any restaurant regardless of seating capacity or the number of liquor sale
receipts.
Current law allows smoking in any tavern holding a "Class B" intoxicating
liquor license or Class "B" fermented malt beverages license issued by a municipality.
This bill prohibits smoking in any tavern. The bill also specifically prohibits smoking
in private clubs.
Under current law, smoking is prohibited outside in limited instances. These
include within a certain distance of the state capitol building, dormitories that are
owned or operated by the University of Wisconsin, and day care centers where
children are present. This bill makes no changes to these specific prohibitions, but
adds a general prohibition against smoking outside within less than a reasonable
distance from any entrance into a building, an openable window, or a ventilation
opening that draws air inside.
The bill also specifically prohibits smoking in sports arenas and bus shelters,
regardless of whether they meet the definition of "enclosed place."
Current law does not limit the authority of any county, city, village, or town to
enact smoking ordinances that protect the public's health and comfort. This bill
makes no change in this provision.
This bill requires that persons in charge of places where smoking is prohibited
enforce the prohibitions by taking certain steps to ensure compliance, such as asking
a person who is smoking to leave and refusing to serve the person if the place is a
restaurant, tavern, or private club. This bill imposes forfeitures on persons in charge
who fail to take these measures.
For further information see the state and local fiscal estimate, which will be
printed as an appendix to this bill.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
SB181, s. 1 1Section 1. 77.52 (2) (ag) 39. (intro.) of the statutes is amended to read:
SB181,4,22 77.52 (2) (ag) 39. (intro.) Equipment in offices, business facilities, schools, and
3hospitals but not in residential facilities including personal residences, apartments,
4long-term care facilities, as defined under s. 16.009 (1) (em), state institutions, as
5defined under s. 101.123 (1) (i)
prisons, mental health institutes, as defined in s.
651.01 (12), centers for the developmentally disabled, as defined in s. 51.01 (3)
, Type

11 juvenile correctional facilities, as defined in s. 938.02 (19), or similar facilities
2including, by way of illustration but not of limitation, all of the following:
SB181, s. 2 3Section 2. 101.123 (1) (a) of the statutes is renumbered 101.123 (1) (ae).
SB181, s. 3 4Section 3. 101.123 (1) (ab) of the statutes is created to read:
SB181,4,75 101.123 (1) (ab) "Assisted living facility" means a community-based
6residential facility, as defined in s. 50.01 (1g), a residential care apartment complex,
7as defined in s. 50.01 (1d), or an adult family home, as defined in s. 50.01 (1) (b).
SB181, s. 4 8Section 4. 101.123 (1) (ac) of the statutes is created to read:
SB181,4,99 101.123 (1) (ac) "Correctional facility" means any of the following:
SB181,4,1310 1. A state prison, as defined or named in s. 302.01, except a correctional
11institution under s. 301.046 (1) or 301.048 (4) (b) if the institution is the prisoner's
12place of residence and no one is employed there to ensure the prisoner's
13incarceration.
SB181,4,1814 2. A juvenile detention facility, as defined in s. 938.02 (10r), or a juvenile
15correctional facility, as defined in s. 938.02 (10p), except a juvenile correctional
16facility authorized under s. 938.533 (3) (b), 938.538 (4) (b), or 938.539 (5) if the facility
17is a private residence in which the juvenile is placed and no one is employed there
18to ensure that the juvenile remains in custody.
SB181,4,2119 3. A jail, as defined in s. 165.85 (2) (bg), a Huber facility under s. 303.09, a work
20camp under s. 303.10, a reforestation camp under s. 303.07, or a lockup facility under
21s. 302.30.
SB181, s. 5 22Section 5. 101.123 (1) (aj) of the statutes is created to read:
SB181,4,2523 101.123 (1) (aj) Notwithstanding s. 101.01 (5), "employment" means any trade,
24occupation, or process of manufacture or any method of carrying on such trade,
25occupation, or process of manufacture in which any person may be engaged.
SB181, s. 6
1Section 6. 101.123 (1) (ak) of the statutes is created to read:
SB181,5,32 101.123 (1) (ak) "Enclosed place" means a structure or area that has all of the
3following:
SB181,5,44 1. A roof or overhead covering.
SB181,5,65 2. Two or more substantial walls, regardless of whether the walls are removed
6and replaced on a temporary basis.
SB181, s. 7 7Section 7. 101.123 (1) (am) of the statutes is repealed.
SB181, s. 8 8Section 8. 101.123 (1) (ar) of the statutes is amended to read:
SB181,5,139 101.123 (1) (ar) "Immediate vicinity of the state capitol" means the area
10directly adjacent to the state capitol building, as determined by rule of the
11department of administration. "Immediate vicinity of the state capitol" does not
12include any location that is more than one fathom six feet from the state capitol
13building.
SB181, s. 9 14Section 9. 101.123 (1) (b) of the statutes is amended to read:
SB181,5,1915 101.123 (1) (b) "Inpatient health care facility" means a hospital, as defined in
16s. 50.33 (2),
a county home established under s. 49.70, a county infirmary established
17under s. 49.72 or a community-based residential facility or, a nursing home licensed
18under s. 50.03
, as defined in s. 50.01 (3), a hospice, as defined in s. 50.90 (1), a
19Wisconsin veteran's home under s. 45.50, or a treatment facility
.
SB181, s. 10 20Section 10. 101.123 (1) (bg) of the statutes is repealed.
SB181, s. 11 21Section 11. 101.123 (1) (bm) of the statutes is repealed.
SB181, s. 12 22Section 12. 101.123 (1) (bn) of the statutes is created to read:
SB181,5,2323 101.123 (1) (bn) "Lodging establishment" means any of the following:
SB181,5,2424 1. A bed and breakfast establishment, as defined in s. 254.61 (1).
SB181,5,2525 2. A hotel, as defined in s. 254.61 (3).
SB181,6,1
13. A tourist rooming house, as defined in s. 254.61 (6).
SB181, s. 13 2Section 13. 101.123 (1) (br) of the statutes is repealed.
SB181, s. 14 3Section 14. 101.123 (1) (c) of the statutes is repealed.
SB181, s. 15 4Section 15. 101.123 (1) (d) of the statutes is amended to read:
SB181,6,85 101.123 (1) (d) "Person in charge" means the person , or his or her agent, who
6ultimately controls, governs or directs the activities aboard a public conveyance or
7within a place
at a location where smoking is prohibited or regulated under this
8section, regardless of the person's status as owner or lessee.
SB181, s. 16 9Section 16. 101.123 (1) (dg) of the statutes is repealed.
SB181, s. 17 10Section 17. 101.123 (1) (dj) of the statutes is created to read:
SB181,6,1511 101.123 (1) (dj) Notwithstanding s. 101.01 (11), "place of employment" means
12any enclosed place that employees normally frequent during the course of
13employment, including an office, a work area, an elevator, an employee lounge, a
14restroom, a conference room, a meeting room, a classroom, a hallway, a stairway, a
15lobby, a common area, a vehicle, or an employee cafeteria.
SB181, s. 18 16Section 18. 101.123 (1) (dm) of the statutes is renumbered 77.51 (11m).
SB181, s. 19 17Section 19. 101.123 (1) (dn) of the statutes is created to read:
SB181,6,2018 101.123 (1) (dn) "Private club" means a facility used by an organization that
19limits its membership and is organized for a recreational, fraternal, social, patriotic,
20political, benevolent, or athletic purpose.
SB181, s. 20 21Section 20. 101.123 (1) (e) of the statutes is amended to read:
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