SB181, s. 22 7Section 22. 101.123 (1) (f) of the statutes is amended to read:
SB181,7,98 101.123 (1) (f) "Restaurant" means an establishment as defined in s. 254.61 (5)
9with a seating capacity of more than 50 persons.
SB181, s. 23 10Section 23. 101.123 (1) (g) of the statutes is amended to read:
SB181,7,1411 101.123 (1) (g) "Retail establishment" means any store or shop in which retail
12sales is the principal business conducted, except a tavern operating under a "Class
13B" intoxicating liquor license or Class "B" fermented malt beverages license, and

14except bowling centers.
SB181, s. 24 15Section 24. 101.123 (1) (gm) of the statutes is repealed.
SB181, s. 25 16Section 25. 101.123 (1) (h) of the statutes is renumbered 101.123 (1) (h) (intro.)
17and amended to read:
SB181,7,1918 101.123 (1) (h) (intro.) "Smoking" means carrying a lighted burning or holding,
19or inhaling or exhaling smoke from, any of the following items containing tobacco:
SB181,7,20 201. A lighted cigar,.
SB181,7,21 212. A lighted cigarette,.
SB181,7,22 223. A lighted pipe or any.
SB181,7,23 234. Any other lighted smoking equipment.
SB181, s. 26 24Section 26. 101.123 (1) (hm) of the statutes is created to read:
SB181,8,3
1101.123 (1) (hm) "Sports arena" means any stadium, pavilion, gymnasium,
2swimming pool, skating rink, bowling center, or other building where spectator
3sporting events are held.
SB181, s. 27 4Section 27. 101.123 (1) (i) of the statutes is amended to read:
SB181,8,85 101.123 (1) (i) "State institution" means a prison, a mental health institute,
6as defined in s. 51.01 (12) or, a center for the developmentally disabled, as defined
7in s. 51.01 (3), or a secure mental health facility at which persons are committed
8under s. 980.06
.
SB181, s. 28 9Section 28. 101.123 (1) (id) of the statutes is created to read:
SB181,8,1210 101.123 (1) (id) "Substantial wall" means a wall where at least 25 percent of
11the surface area of the wall is not part of an opening that may be used to allow air
12in from the outside.
SB181, s. 29 13Section 29. 101.123 (1) (im) of the statutes is created to read:
SB181,8,1614 101.123 (1) (im) "Tavern" means an establishment, other than a restaurant,
15that holds a "Class B" intoxicating liquor license or Class "B" fermented malt
16beverages license.
SB181, s. 30 17Section 30. 101.123 (1) (ip) of the statutes is created to read:
SB181,8,2018 101.123 (1) (ip) "Treatment facility" means a publicly or private operated
19inpatient facility that provides treatment of alcoholic, drug dependent, mentally ill,
20or developmentally disabled persons.
SB181, s. 31 21Section 31. 101.123 (2) (title) of the statutes is repealed and recreated to read:
SB181,8,2222 101.123 (2) (title) Prohibition against smoking.
SB181, s. 32 23Section 32. 101.123 (2) (a) (intro.) of the statutes is amended to read:
SB181,8,2524 101.123 (2) (a) (intro.) Except as provided in sub. (3), no person may smoke in
25any of the following enclosed places:
SB181, s. 33
1Section 33. 101.123 (2) (a) 1. of the statutes is repealed.
SB181, s. 34 2Section 34. 101.123 (2) (a) 1g. of the statutes is created to read:
SB181,9,33 101.123 (2) (a) 1g. The state capitol.
SB181, s. 35 4Section 35. 101.123 (2) (a) 1m. of the statutes is created to read:
SB181,9,65 101.123 (2) (a) 1m. Residence halls or dormitories owned or operated by a
6college or university.
SB181, s. 36 7Section 36. 101.123 (2) (a) 1r. of the statutes is created to read:
SB181,9,88 101.123 (2) (a) 1r. Day care centers.
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.
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