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2009 - 2010 LEGISLATURE
ASSEMBLY SUBSTITUTE AMENDMENT 1,
TO 2009 ASSEMBLY BILL 253
May 8, 2009 - Offered by Committee on Health and Healthcare Reform.
AB253-ASA1,2,9
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) and 101.123 (1) (dm);
to renumber and amend 101.123 (1) (h),
6101.123 (2) (a) 10., 101.123 (2) (ar), 101.123 (2) (bm), 101.123 (2) (br), 101.123
7(2) (bv) and 101.123 (2) (c);
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), 125.12 (1) (c), 165.60, 165.755 (1) (b), 302.46 (1) (a), 460.01 (5), 757.05 (1)
11(a) and 814.63 (1) (c);
to repeal and recreate 101.123 (2) (title), 101.123 (2) (a)
124., 101.123 (2) (a) 9. and 101.123 (8) (a); and
to create 101.123 (1) (ab), 101.123
13(1) (ac), 101.123 (1) (aj), 101.123 (1) (ak), 101.123 (1) (bn), 101.123 (1) (dj),
1101.123 (1) (dn), 101.123 (1) (eg), 101.123 (1) (gg), 101.123 (1) (hm), 101.123 (1)
2(id), 101.123 (1) (im), 101.123 (1) (in), 101.123 (1) (io), 101.123 (1) (ip), 101.123
3(2) (a) 1g., 101.123 (2) (a) 1m., 101.123 (2) (a) 1r., 101.123 (2) (a) 5m., 101.123
4(2) (a) 5t., 101.123 (2) (a) 7m., 101.123 (2) (a) 7r., 101.123 (2) (a) 8d., 101.123 (2)
5(a) 8g., 101.123 (2) (d) (intro.), 101.123 (2) (e), 101.123 (2m), 101.123 (3) (h),
6101.123 (3) (i), 101.123 (3) (j), 101.123 (3) (L) and (m), 101.123 (8) (d) and
7101.123 (8) (dm) and (em) of the statutes;
relating to: prohibiting smoking in
8indoor areas, in sports arenas, in public conveyances, and at certain outdoor
9locations and providing 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 substitute amendment, 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, certain existing retail tobacco stores and
tobacco bars, and certain residence rooms in assisted living facilities. In addition to
the specified indoor locations listed under current law, the substitute amendment
prohibits smoking in any public place or place of employment. The substitute
amendment 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 substitute amendment 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 substitute amendment
defines an "enclosed place" for purposes of determining at what locations smoking
is prohibited. An enclosed place must have a roof and more than 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 substitute amendment 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 substitute
amendment 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 substitute amendment prohibits smoking in any tavern that is not an existing
tobacco bar. The substitute amendment also specifically prohibits smoking in
private clubs.
The substitute amendment 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
(municipality) to enact smoking ordinances that protect the public's health and
comfort. This substitute amendment makes no change in this provision except that
if a municipality enacts an ordinance prohibiting smoking on public property, the
ordinance must provide that an owner of a restaurant, tavern, private club, or retail
establishment (establishment) may allow outdoor smoking that is a reasonable
distance from any entrance to the establishment.
This substitute amendment 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 substitute
amendment imposes a forfeiture on persons in charge who fail to take these
measures for the second and subsequent violation.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
AB253-ASA1, s. 1
1Section
1. 77.52 (2) (ag) 39. (intro.) of the statutes is amended to read:
AB253-ASA1,4,32
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.
151.01 (12), centers for the developmentally disabled, as defined in s. 51.01 (3), Type
21 juvenile correctional facilities, as defined in s. 938.02 (19), or similar facilities
3including, by way of illustration but not of limitation, all of the following:
AB253-ASA1, s. 2
4Section
2. 101.123 (1) (a) of the statutes is renumbered 101.123 (1) (ae).
AB253-ASA1, s. 3
5Section
3. 101.123 (1) (ab) of the statutes is created to read:
AB253-ASA1,4,86
101.123
(1) (ab) "Assisted living facility" means a community-based
7residential facility, as defined in s. 50.01 (1g), a residential care apartment complex,
8as defined in s. 50.01 (1d), or an adult family home, as defined in s. 50.01 (1) (b).
AB253-ASA1, s. 4
9Section
4. 101.123 (1) (ac) of the statutes is created to read:
AB253-ASA1,4,1010
101.123
(1) (ac) "Correctional facility" means any of the following:
AB253-ASA1,4,1411
1. A state prison, as defined or named in s. 302.01, except a correctional
12institution under s. 301.046 (1) or 301.048 (4) (b) if the institution is the prisoner's
13place of residence and no one is employed there to ensure the prisoner's
14incarceration.
AB253-ASA1,4,1915
2. A juvenile detention facility, as defined in s. 938.02 (10r), or a juvenile
16correctional facility, as defined in s. 938.02 (10p), except a juvenile correctional
17facility authorized under s. 938.533 (3) (b), 938.538 (4) (b), or 938.539 (5) if the facility
18is a private residence in which the juvenile is placed and no one is employed there
19to ensure that the juvenile remains in custody.
AB253-ASA1,4,2220
3. A jail, as defined in s. 165.85 (2) (bg), a Huber facility under s. 303.09, a work
21camp under s. 303.10, a reforestation camp under s. 303.07, or a lockup facility under
22s. 302.30.
AB253-ASA1, s. 5
23Section
5. 101.123 (1) (aj) of the statutes is created to read:
AB253-ASA1,5,3
1101.123
(1) (aj) Notwithstanding s. 101.01 (5), "employment" means any trade,
2occupation, or process of manufacture or any method of carrying on such trade,
3occupation, or process of manufacture in which any person may be engaged.
AB253-ASA1, s. 6
4Section
6. 101.123 (1) (ak) of the statutes is created to read:
AB253-ASA1,5,65
101.123
(1) (ak) "Enclosed place" means a structure or area that has all of the
6following:
AB253-ASA1,5,88
2. More than two substantial walls.
AB253-ASA1, s. 8
10Section
8. 101.123 (1) (ar) of the statutes is amended to read:
AB253-ASA1,5,1511
101.123
(1) (ar) "Immediate vicinity of the state capitol" means the area
12directly adjacent to the state capitol building, as determined by rule of the
13department of administration. "Immediate vicinity of the state capitol" does not
14include any location that is more than
one fathom
six feet from the state capitol
15building.
AB253-ASA1, s. 9
16Section
9. 101.123 (1) (b) of the statutes is amended to read:
AB253-ASA1,5,2117
101.123
(1) (b) "Inpatient health care facility" means
a hospital, as defined in
18s. 50.33 (2), a county home established under s. 49.70, a county infirmary established
19under s. 49.72
or a community-based residential facility or, a nursing home
licensed
20under s. 50.03, as defined in s. 50.01 (3), a hospice, as defined in s. 50.90 (1), a
21Wisconsin veteran's home under s. 45.50, or a treatment facility.
AB253-ASA1,5,2525
101.123
(1) (bn) "Lodging establishment" means any of the following:
AB253-ASA1,5,26
11. A bed and breakfast establishment, as defined in s. 254.61 (1).
AB253-ASA1,6,22
2. A hotel, as defined in s. 254.61 (3).
