Amendment ASA1-AB253

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.

AB253-ASA1, s. 76 Section 76. 125.12 (1) (c) of the statutes is amended to read:

AB253-ASA1,15,12 125.12 (1) (c) Neither a municipality nor the department may consider an arrest or conviction for a violation punishable under s. 101.123 (8) (d), 945.03 (2m), 945.04 (2m), or 945.05 (1m) in any action to revoke, suspend, or refuse to renew a Class "B" or "Class B" license or permit.

AB253-ASA1, s. 77 Section 77. 165.60 of the statutes is amended to read:

AB253-ASA1,15,20 165.60 Law enforcement. The department of justice is authorized to enforce ss. 101.123 (2), (5), (2m), and (8), 944.30, 944.31, 944.33, 944.34, 945.02 (2), 945.03 (1m), and 945.04 (1m) and ch. 108 and is invested with the powers conferred by law upon sheriffs and municipal police officers in the performance of those duties. This section does not deprive or relieve sheriffs, constables, and other local police officers of the power and duty to enforce those sections, and those officers shall likewise enforce those sections.

AB253-ASA1, s. 78 Section 78. 165.755 (1) (b) of the statutes is amended to read:

AB253-ASA1,16,4 165.755 (1) (b) A court may not impose the crime laboratories and drug law enforcement surcharge under par. (a) for a violation of s. 101.123 (2) (a), (am) 1., (ar), (bm), (br), or (bv) or (5) (b) or (2m), for a first violation of s. 23.33 (4c) (a) 2., 30.681 (1) (b) 1., 346.63 (1) (b), or 350.101 (1) (b), if the person who committed the violation had a blood alcohol concentration of 0.08 or more but less than 0.1 at the time of the violation, or for a violation of a state law or municipal or county ordinance involving a nonmoving traffic violation, a violation under s. 343.51 (1m) (b), or a safety belt use violation under s. 347.48 (2m).

AB253-ASA1, s. 79 Section 79. 302.46 (1) (a) of the statutes is amended to read:

AB253-ASA1,16,18 302.46 (1) (a) If a court imposes a fine or forfeiture for a violation of state law or for a violation of a municipal or county ordinance except for a violation of s. 101.123 (2) (a), (am) 1., (ar), (bm), (br), or (bv) or (5) (2m), or for a first violation of s. 23.33 (4c) (a) 2., 30.681 (1) (b) 1., 346.63 (1) (b), or 350.101 (1) (b), if the person who committed the violation had a blood alcohol concentration of 0.08 or more but less than 0.1 at the time of the violation, or for a violation of state laws or municipal or county ordinances involving nonmoving traffic violations, violations under s. 343.51 (1m) (b), or safety belt use violations under s. 347.48 (2m), the court, in addition, shall impose a jail surcharge under ch. 814 in an amount of 1 percent of the fine or forfeiture imposed or $10, whichever is greater. If multiple offenses are involved, the court shall determine the jail surcharge on the basis of each fine or forfeiture. If a fine or forfeiture is suspended in whole or in part, the court shall reduce the jail surcharge in proportion to the suspension.

AB253-ASA1, s. 80 Section 80. 460.01 (5) of the statutes is amended to read:

AB253-ASA1,16,22 460.01 (5) "Physician's office" has the meaning given in s. 101.123 (1) (dg) means a place, other than a residence or a hospital, that is used primarily to provide medical care and treatment.

AB253-ASA1, s. 81 Section 81. 757.05 (1) (a) of the statutes is amended to read:

AB253-ASA1,17,11 757.05 (1) (a) Whenever a court imposes a fine or forfeiture for a violation of state law or for a violation of a municipal or county ordinance except for a violation of s. 101.123 (2) (a), (am) 1., (ar), (bm), (br), or (bv) or (5) (2m), or for a first violation of s. 23.33 (4c) (a) 2., 30.681 (1) (b) 1., 346.63 (1) (b), or 350.101 (1) (b), if the person who committed the violation had a blood alcohol concentration of 0.08 or more but less than 0.1 at the time of the violation, or for a violation of state laws or municipal or county ordinances involving nonmoving traffic violations, violations under s. 343.51 (1m) (b), or safety belt use violations under s. 347.48 (2m), there shall be imposed in addition a penalty surcharge under ch. 814 in an amount of 26 percent of the fine or forfeiture imposed. If multiple offenses are involved, the penalty surcharge shall be based upon the total fine or forfeiture for all offenses. When a fine or forfeiture is suspended in whole or in part, the penalty surcharge shall be reduced in proportion to the suspension.

AB253-ASA1, s. 82 Section 82. 814.63 (1) (c) of the statutes is amended to read:

AB253-ASA1,17,18 814.63 (1) (c) This subsection does not apply to an action for a violation of s. 101.123 (2) (a), (am) 1., (ar), (bm), (br), or (bv) or (5) (2m), for a first violation of s. 23.33 (4c) (a) 2., 30.681 (1) (b) 1., 346.63 (1) (b), or 350.101 (1) (b), if the person who committed the violation had a blood alcohol concentration of 0.08 or more but less than 0.1 at the time of the violation, or for a violation under s. 343.51 (1m) (b) or a safety belt use violation under s. 347.48 (2m).

AB253-ASA1, s. 83 Section 83. Initial applicability.

AB253-ASA1,17,21 (1) This act first applies to violations occurring on the effective date of this subsection.

AB253-ASA1, s. 84 Section 84. Effective date.

AB253-ASA1,17,23 (1) This act takes effect on July 5, 2010.

AB253-ASA1,17,24 (End)