Amendment ASA1-AB253

AB253-ASA1,9,3 101.123 (1) (io) "Tobacco product" means any form of tobacco prepared in a manner suitable for smoking but not including a cigarette.

AB253-ASA1, s. 33 Section 33. 101.123 (1) (ip) of the statutes is created to read:

AB253-ASA1,9,7 101.123 (1) (ip) "Treatment facility" means a publicly or privately operated inpatient facility that provides treatment of alcoholic, drug dependent, mentally ill, or developmentally disabled persons.

AB253-ASA1, s. 34 Section 34. 101.123 (2) (title) of the statutes is repealed and recreated to read:

AB253-ASA1,9,9 101.123 (2) (title) Prohibition against smoking.

AB253-ASA1, s. 35 Section 35. 101.123 (2) (a) (intro.) of the statutes is amended to read:

AB253-ASA1,9,12 101.123 (2) (a) (intro.) Except as provided in sub. (3), no person may smoke in any of the following enclosed places:

AB253-ASA1, s. 36 Section 36. 101.123 (2) (a) 1. of the statutes is repealed.

AB253-ASA1, s. 37 Section 37. 101.123 (2) (a) 1g. of the statutes is created to read:

AB253-ASA1,9,15 101.123 (2) (a) 1g. The state capitol.

AB253-ASA1, s. 38 Section 38. 101.123 (2) (a) 1m. of the statutes is created to read:

AB253-ASA1,9,18 101.123 (2) (a) 1m. Residence halls or dormitories owned or operated by a college or university.

AB253-ASA1, s. 39 Section 39. 101.123 (2) (a) 1r. of the statutes is created to read:

AB253-ASA1,9,20 101.123 (2) (a) 1r. Day care centers.

AB253-ASA1, s. 40 Section 40. 101.123 (2) (a) 4. of the statutes is repealed and recreated to read:

AB253-ASA1,9,22 101.123 (2) (a) 4. Theaters.

AB253-ASA1, s. 41 Section 41. 101.123 (2) (a) 5. of the statutes is repealed.

AB253-ASA1, s. 42 Section 42. 101.123 (2) (a) 5m. of the statutes is created to read:

AB253-ASA1,9,25 101.123 (2) (a) 5m. Correctional facilities.

AB253-ASA1, s. 43 Section 43. 101.123 (2) (a) 5t. of the statutes is created to read:

AB253-ASA1,10,2 101.123 (2) (a) 5t. State institutions.

AB253-ASA1, s. 44 Section 44. 101.123 (2) (a) 6. of the statutes is repealed.

AB253-ASA1, s. 45 Section 45. 101.123 (2) (a) 7m. of the statutes is created to read:

AB253-ASA1,10,5 101.123 (2) (a) 7m. Taverns.

AB253-ASA1, s. 46 Section 46. 101.123 (2) (a) 7r. of the statutes is created to read:

AB253-ASA1,10,7 101.123 (2) (a) 7r. Private clubs.

AB253-ASA1, s. 47 Section 47. 101.123 (2) (a) 8d. of the statutes is created to read:

AB253-ASA1,10,9 101.123 (2) (a) 8d. Common areas of multiple-unit residential properties.

AB253-ASA1, s. 48 Section 48. 101.123 (2) (a) 8g. of the statutes is created to read:

AB253-ASA1,10,11 101.123 (2) (a) 8g. Lodging establishments.

AB253-ASA1, s. 49 Section 49. 101.123 (2) (a) 9. of the statutes is repealed and recreated to read:

AB253-ASA1,10,14 101.123 (2) (a) 9. All enclosed places, other than those listed in subds. 1. to 8r., that are places of employment or that are public places.

AB253-ASA1, s. 50 Section 50. 101.123 (2) (a) 10. of the statutes is renumbered 101.123 (2) (a) 8r. and amended to read:

AB253-ASA1,10,18 101.123 (2) (a) 8r. Any enclosed, indoor area of a state, State, county, city, village, or town building buildings.

AB253-ASA1, s. 51 Section 51. 101.123 (2) (am) of the statutes is repealed.

AB253-ASA1, s. 52 Section 52. 101.123 (2) (ar) of the statutes is renumbered 101.123 (2) (d) 1. and amended to read:

AB253-ASA1,10,23 101.123 (2) (d) 1. Notwithstanding par. (a) and sub. (3), no person may smoke in the state capitol building or in In the immediate vicinity of the state capitol.

AB253-ASA1, s. 53 Section 53. 101.123 (2) (b) of the statutes is repealed.

AB253-ASA1, s. 54 Section 54. 101.123 (2) (bm) of the statutes is renumbered 101.123 (2) (d) 2. and amended to read:

AB253-ASA1,11,5 101.123 (2) (d) 2. Notwithstanding par. (a) and sub. (3), no person may smoke on Anywhere on the premises, indoors or outdoors, of a day care center when children who are receiving day care services are present.

AB253-ASA1, s. 55 Section 55. 101.123 (2) (br) of the statutes is renumbered 101.123 (2) (d) 3. and amended to read:

AB253-ASA1,11,10 101.123 (2) (d) 3. Notwithstanding par. (a) and sub. (3), no person may smoke in any enclosed, indoor area of a Type 1 juvenile correctional facility or on Anywhere on the grounds of a Type 1 juvenile correctional facility.

AB253-ASA1, s. 56 Section 56. 101.123 (2) (bv) of the statutes is renumbered 101.123 (2) (d) 4. and amended to read:

AB253-ASA1,11,16 101.123 (2) (d) 4. Notwithstanding par. (a) and sub. (3), no person may smoke in A location that is 25 feet or less from a residence hall or dormitory that is owned or operated by the Board of Regents of the University of Wisconsin System or in any location that is 25 feet or less from such a residence hall or dormitory.

AB253-ASA1, s. 57 Section 57. 101.123 (2) (c) of the statutes is renumbered 101.123 (4m) and amended to read:

AB253-ASA1,12,7 101.123 (4m) Local authority. This section does not limit the authority of any county, city, village or town to enact ordinances or of any school district to adopt policies that, complying with the purpose of this section, protect the health and comfort of the public. If a county, city, village. or town enacts an ordinance, or if a school district adopts a policy, regulating or prohibiting outside smoking in certain areas as authorized under this subsection, the ordinance may apply only to public property under the jurisdiction of the county, city, village, town, or school district. Such ordinance shall provide that the person in charge of a restaurant, tavern, private club, or retail establishment located in an area subject to the ordinance may designate an outside area that is a reasonable distance from any entrance to the restaurant, tavern, private club, or retail establishment where customers, employees, or persons associated with the restaurant, tavern, private club, or retail establishment may smoke. Such ordinance may not define the term "reasonable distance" or set any specified measured distance as being a "reasonable distance."

AB253-ASA1, s. 58 Section 58. 101.123 (2) (d) (intro.) of the statutes is created to read:

AB253-ASA1,12,10 101.123 (2) (d) (intro.) No person may smoke at any of the following outdoor locations:

AB253-ASA1, s. 59 Section 59. 101.123 (2) (e) of the statutes is created to read:

AB253-ASA1,12,12 101.123 (2) (e) No person may smoke in any of the following:

AB253-ASA1,12,13 1. A sports arena.

AB253-ASA1,12,14 2. A bus shelter.

AB253-ASA1,12,15 3. A public conveyance.

AB253-ASA1, s. 60 Section 60. 101.123 (2m) of the statutes is created to read:

AB253-ASA1,12,19 101.123 (2m) Responsibility of persons in charge. (a) No person in charge may allow any person to smoke in violation of sub. (2) at a location that is under the control or direction of the person in charge.

AB253-ASA1,12,21 (b) A person in charge may not provide matches, ashtrays, or other equipment for smoking at the location where smoking is prohibited.

AB253-ASA1,12,23 (c) A person in charge shall make reasonable efforts to prohibit persons from smoking at a location where smoking is prohibited by doing all of the following:

AB253-ASA1,12,25 1. Posting signs setting forth the prohibition and providing other appropriate notification and information concerning the prohibition.

AB253-ASA1,13,2 2. Refusing to serve a person, if the person is smoking in a restaurant, tavern, or private club.

AB253-ASA1,13,4 3. Asking a person who is smoking to refrain from smoking and, if the person refuses to do so, asking the person to leave the location.

AB253-ASA1,13,7 (d) If a person refuses to leave a location after being requested to do so as provided in par. (c) 3., the person in charge shall immediately notify an appropriate law enforcement agency of the violation.

AB253-ASA1,13,10 (e) A person in charge may take measures in addition to those listed in pars. (b) and (c) to prevent persons from being exposed to others who are smoking or to further ensure compliance with this section.

AB253-ASA1, s. 61 Section 61. 101.123 (3) (intro.) of the statutes is amended to read:

AB253-ASA1,13,13 101.123 (3) Exceptions. (intro.) The regulation of prohibition against smoking in sub. (2) (a) does not apply to the following places:

AB253-ASA1, s. 62 Section 62. 101.123 (3) (a) to (gr) of the statutes are repealed.

AB253-ASA1, s. 63 Section 63. 101.123 (3) (h) of the statutes is created to read:

AB253-ASA1,13,16 101.123 (3) (h) A private residence.

AB253-ASA1, s. 64 Section 64. 101.123 (3) (i) of the statutes is created to read:

AB253-ASA1,13,19 101.123 (3) (i) A room used by only one person in an assisted living facility as his or her residence.

AB253-ASA1, s. 65 Section 65. 101.123 (3) (j) of the statutes is created to read:

AB253-ASA1,13,24 101.123 (3) (j) A room in an assisted living facility in which 2 or more persons reside if every person who lives in that room smokes and each of those persons has made a written request to the person in charge of the assisted living facility to be placed in a room where smoking is allowed.

AB253-ASA1, s. 66 Section 66. 101.123 (3) (L) and (m) of the statutes are created to read:

AB253-ASA1,14,3 101.123 (3) (L) A retail tobacco store that is in existence on the day after publication of this act .... [LRB inserts date], and in which only the smoking of cigars and pipes is allowed.

AB253-ASA1,14,5 (m) A tobacco bar that is in existence on the day after publication of this act .... [LRB inserts date], and in which only the smoking of cigars and pipes is allowed.

AB253-ASA1, s. 67 Section 67. 101.123 (4) of the statutes is repealed.

AB253-ASA1, s. 68 Section 68. 101.123 (5) of the statutes is repealed.

AB253-ASA1, s. 69 Section 69. 101.123 (6) of the statutes is amended to read:

AB253-ASA1,14,12 101.123 (6) Uniform signs. The department shall, by rule, specify uniform dimensions and other characteristics of the signs used to designate smoking areas required under sub. (2m). These rules may not require the use of signs that are more expensive than is necessary to accomplish their purpose.

AB253-ASA1, s. 70 Section 70. 101.123 (7) of the statutes is amended to read:

AB253-ASA1,14,16 101.123 (7) Signs for state agencies. The department shall arrange with the department of administration to have the signs prepared and made available to state agencies for use in state facilities that set forth the prohibition against smoking.

AB253-ASA1, s. 71 Section 71. 101.123 (8) (a) of the statutes is repealed and recreated to read:

AB253-ASA1,14,19 101.123 (8) (a) Any person who violates sub. (2) shall be subject to a forfeiture of not less than $100 nor more than $250 for each violation.

AB253-ASA1, s. 72 Section 72. 101.123 (8) (b) of the statutes is repealed.

AB253-ASA1, s. 73 Section 73. 101.123 (8) (c) of the statutes is repealed.

AB253-ASA1, s. 74 Section 74. 101.123 (8) (d) of the statutes is created to read:

AB253-ASA1,14,25 101.123 (8) (d) Except as provided in par. (dm) or (em), any person in charge who violates sub. (2m) (b) to (d) shall be subject to a forfeiture of $100 for each violation.

AB253-ASA1, s. 75 Section 75. 101.123 (8) (dm) and (em) of the statutes are created to read:

AB253-ASA1,15,5 101.123 (8) (dm) For violations subject to the forfeiture under par. (d), if the person in charge has not previously received a warning notice for a violation of sub. (2m) (b) to (d), the law enforcement officer shall issue the person in charge a warning notice and may not issue a citation.

AB253-ASA1,15,7 (em) No person in charge may be required under par. (d) to forfeit more than $100 in total for all violations of sub. (2m) (b) to (d) occurring on a single day.