SB430,2,2 1An Act to repeal 101.123 (1) (br), 101.123 (1) (c), 101.123 (1) (dg), 101.123 (2)
2(am), 101.123 (2) (b), 101.123 (3), 101.123 (4), 101.123 (5) (b), 101.123 (6) (title)
3and 101.123 (7) (title); to renumber 101.123 (2) (c); to renumber and amend
4101.123 (1) (e), 101.123 (1) (j), 101.123 (2) (ar), 101.123 (2) (bm), 101.123 (2) (br),
5101.123 (2) (bv), 101.123 (6) and 101.123 (7); to consolidate, renumber and
6amend
101.123 (5) (intro.) and (a); to amend 101.123 (1) (am), 101.123 (1) (b),
7101.123 (1) (d), 101.123 (1) (dm), 101.123 (1) (f), 101.123 (1) (g), 101.123 (2) (a)
8(intro.), 101.123 (2) (a) 10., 101.123 (8) (a), 101.123 (8) (b), 165.60, 165.755 (1)
9(b), 302.46 (1) (a), 460.01 (5), 757.05 (1) (a) and 814.63 (1) (c); to repeal and
10recreate
101.123 (2) (title), 101.123 (2) (a) 1., 101.123 (2) (a) 4., 101.123 (2) (a)
115. and 101.123 (5) (title); and to create 101.123 (1) (bn), 101.123 (1) (dj), 101.123
12(1) (im), 101.123 (2) (a) 2m., 101.123 (2) (a) 5m., 101.123 (2) (a) 5t., 101.123 (2)
13(a) 7m., 101.123 (2) (a) 9m., 101.123 (2) (d) (intro.), 101.123 (3m) and 101.123

1(4m) (title) of the statutes; relating to: prohibiting smoking in places of
2employment, restaurants, taverns, and other indoor areas.
Analysis by the Legislative Reference Bureau
Current law prohibits smoking in most enclosed, indoor locations that are
accessible to the public unless there has been a specific area that has been designated
a smoking area. Under this bill, designated smoking areas may no longer be
permitted in any place of employment with exceptions for private residences,
designated smoking rooms in lodging establishments, and certain retirement homes.
The bill defines "a place of employment" to be any indoor area that employees
normally frequent during the course of employment such as a work area, an
employee lounge, a restroom, a conference room, a meeting room, a classroom, or a
hallway. Other locations where smoking areas may no longer be permitted under the
bill, regardless of whether they meet the definition of "place of employment," include
the following:
1. Mass transit vehicles and school buses.
2. Schools and other educational facilities.
3. Residence halls and dormitories of colleges and universities.
4. Inpatient health care facilities, such as community-based residential
facilities and nursing homes.
5. Prisons, jails, and juvenile correction facilities.
6. Mental health institutions and hospitals where the primary purpose is the
treatment of mental illness, alcoholism, or drug abuse.
7. Centers for the developmentally disabled.
8. Restaurants and taverns, as described below.
9. Retail establishments.
10. Public waiting rooms.
11. Governmental buildings.
Current law also provides exceptions from the prohibition against smoking for
bowling centers, halls used for private functions, for rooms in which the main
occupants are smokers, and for areas of facilities that are used to manufacture or
assemble goods, products, or merchandise. This bill eliminates these exceptions.
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 beverage license, issued by a municipality
(liquor license). This bill prohibits smoking in any restaurant or tavern.

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:
SB430, s. 1 1Section 1. 101.123 (1) (am) of the statutes is amended to read:
SB430,3,52 101.123 (1) (am) "Hospital" has the meaning given in s. 50.33 (2), except that
3"hospital" does not include a nursing home licensed under s. 50.03 that is operated
4in connection with a hospital or a retirement home that is operated in connection
5with a hospital
.
SB430, s. 2 6Section 2. 101.123 (1) (b) of the statutes is amended to read:
SB430,3,97 101.123 (1) (b) "Inpatient health care facility" means a hospital, a county home
8established under s. 49.70, a county infirmary established under s. 49.72 or, a
9community-based residential facility or a nursing home licensed under s. 50.03.
SB430, s. 3 10Section 3. 101.123 (1) (bn) of the statutes is created to read:
SB430,3,1111 101.123 (1) (bn) "Lodging establishment" means any of the following:
SB430,3,1212 1. A bed and breakfast establishment, as defined in s. 254.61 (1).
SB430,3,1313 2. A hotel, as defined in s. 254.61 (3).
SB430,3,1414 3. A tourist rooming house, as defined in s. 254.61 (6).
SB430, s. 4 15Section 4. 101.123 (1) (br) of the statutes is repealed.
SB430, s. 5 16Section 5. 101.123 (1) (c) of the statutes is repealed.
SB430, s. 6 17Section 6. 101.123 (1) (d) of the statutes is amended to read:
SB430,3,2118 101.123 (1) (d) "Person in charge" means the person who ultimately controls,
19governs or directs the activities aboard a public conveyance or within a place where
20smoking is prohibited or regulated under this section, regardless of the person's
21status as owner or lessee.
SB430, s. 7
1Section 7. 101.123 (1) (dg) of the statutes is repealed.
SB430, s. 8 2Section 8. 101.123 (1) (dj) of the statutes is created to read:
SB430,4,73 101.123 (1) (dj) "Place of employment" means any indoor area that employees
4normally frequent during the course of employment, including a work area, an
5employee lounge, a restroom, a conference room, a meeting room, a classroom, a
6hallway, a vehicle, or a cafeteria that is provided by the employer. "Place of
7employment" does not include any of the following:
SB430,4,88 1. A private residence.
SB430,4,99 2. A room used by a person in a retirement home as his or her residence.
SB430,4,1010 3. A hotel room in which smoking is permitted under sub. (3m).
SB430, s. 9 11Section 9. 101.123 (1) (dm) of the statutes is amended to read:
SB430,4,1512 101.123 (1) (dm) "Prison" means a prison described in s. 302.01, except it does
13not include the correctional institution under s. 301.046 (1) if the institution is the
14prisoner's place of residence and does not include a Type 2 prison, as defined in s.
15301.01 (6)
.
SB430, s. 10 16Section 10. 101.123 (1) (e) of the statutes is renumbered 101.123 (1) (cm) and
17amended to read:
SB430,4,2018 101.123 (1) (cm) "Public conveyance" "Passenger vehicle" means a mass transit
19vehicles vehicle as defined by in s. 340.01 (28m), a motor bus as defined in s. 340.01
20(31),
and a school buses bus as defined by in s. 340.01 (56).
SB430, s. 11 21Section 11. 101.123 (1) (f) of the statutes is amended to read:
SB430,4,2322 101.123 (1) (f) "Restaurant" means an establishment as defined in s. 254.61 (5)
23with a seating capacity of more than 50 persons.
SB430, s. 12 24Section 12. 101.123 (1) (g) of the statutes is amended to read:
SB430,5,4
1101.123 (1) (g) "Retail establishment" means any store or shop in which retail
2sales is the principal business conducted, except a tavern operating under a "Class
3B" intoxicating liquor license or Class "B" fermented malt beverages license, and

4except bowling centers.
SB430, s. 13 5Section 13. 101.123 (1) (im) of the statutes is created to read:
SB430,5,76 101.123 (1) (im) "Tavern" means an establishment operating under a "Class B"
7intoxicating liquor license or Class "B" fermented malt beverages license.
SB430, s. 14 8Section 14. 101.123 (1) (j) of the statutes is renumbered 101.123 (1) (bj) and
9amended to read:
SB430,5,1210 101.123 (1) (bj) "Type 1 Juvenile secured correctional facility" has the meaning
11given in
means a Type 1 secured correctional facility, as defined in s. 938.02 (19) or
12a Type 2 secured correctional facility, as defined in s. 938.02 (20)
.
SB430, s. 15 13Section 15. 101.123 (2) (title) of the statutes is repealed and recreated to read:
SB430,5,1414 101.123 (2) (title) Prohibition of smoking in indoor areas.
SB430, s. 16 15Section 16. 101.123 (2) (a) (intro.) of the statutes is amended to read:
SB430,5,1716 101.123 (2) (a) (intro.) Except as provided in sub. (3), no No person may smoke
17in the following enclosed, indoor places:
SB430, s. 17 18Section 17. 101.123 (2) (a) 1. of the statutes is repealed and recreated to read:
SB430,5,1919 101.123 (2) (a) 1. Passenger vehicles.
SB430, s. 18 20Section 18. 101.123 (2) (a) 2m. of the statutes is created to read:
SB430,5,2121 101.123 (2) (a) 2m. Residence halls or dormitories of universities or colleges.
SB430, s. 19 22Section 19. 101.123 (2) (a) 4. of the statutes is repealed and recreated to read:
SB430,5,2323 101.123 (2) (a) 4. Theaters.
SB430, s. 20 24Section 20. 101.123 (2) (a) 5. of the statutes is repealed and recreated to read:
SB430,5,2525 101.123 (2) (a) 5. Places of employment.
SB430, s. 21
1Section 21. 101.123 (2) (a) 5m. of the statutes is created to read:
SB430,6,32 101.123 (2) (a) 5m. Lockup facilities, jails, juvenile secured correctional
3facilities, or prisons.
SB430, s. 22 4Section 22. 101.123 (2) (a) 5t. of the statutes is created to read:
SB430,6,55 101.123 (2) (a) 5t. State institutions.
SB430, s. 23 6Section 23. 101.123 (2) (a) 7m. of the statutes is created to read:
SB430,6,77 101.123 (2) (a) 7m. Taverns.
SB430, s. 24 8Section 24. 101.123 (2) (a) 9m. of the statutes is created to read:
SB430,6,99 101.123 (2) (a) 9m. Lodging establishments except as provided in sub. (3m).
SB430, s. 25 10Section 25. 101.123 (2) (a) 10. of the statutes is amended to read:
SB430,6,1211 101.123 (2) (a) 10. Any enclosed, indoor area of a state, county, city, village or
12town building.
SB430, s. 26 13Section 26. 101.123 (2) (am) of the statutes is repealed.
SB430, s. 27 14Section 27. 101.123 (2) (ar) of the statutes is renumbered 101.123 (2) (d) 1. and
15amended to read:
SB430,6,1716 101.123 (2) (d) 1. Notwithstanding par. (a) and sub. (3), no person may smoke
17in the state capitol building or in
In the immediate vicinity of the state capitol.
SB430, s. 28 18Section 28. 101.123 (2) (b) of the statutes is repealed.
SB430, s. 29 19Section 29. 101.123 (2) (bm) of the statutes is renumbered 101.123 (2) (d) 2.
20and amended to read:
SB430,6,2321 101.123 (2) (d) 2. Notwithstanding par. (a) and sub. (3), no person may smoke
22Outside on the premises, indoors or outdoors, of a day care center when children who
23are receiving day care services are present
.
SB430, s. 30 24Section 30. 101.123 (2) (br) of the statutes is renumbered 101.123 (2) (d) 3. and
25amended to read:
SB430,7,3
1101.123 (2) (d) 3. Notwithstanding par. (a) and sub. (3), no person may smoke
2in any enclosed, indoor area of a Type 1 secured correctional facility or on
On the
3grounds of a Type 1 secured correctional facility.
SB430, s. 31 4Section 31. 101.123 (2) (bv) of the statutes is renumbered 101.123 (2) (d) 4.and
5amended to read:
SB430,7,96 101.123 (2) (d) 4. Notwithstanding par. (a) and sub. (3), no person may smoke
7in
A location that is 25 feet or less from a residence hall or dormitory that is owned
8or operated by the Board of Regents of the University of Wisconsin System or in any
9location that is 25 feet or less from such a residence hall or dormitory
.
SB430, s. 32 10Section 32. 101.123 (2) (c) of the statutes is renumbered 101.123 (4m).
SB430, s. 33 11Section 33. 101.123 (2) (d) (intro.) of the statutes is created to read:
SB430,7,1312 101.123 (2) (d) (intro.) No person may smoke at any of the following outdoor
13locations:
SB430, s. 34 14Section 34. 101.123 (3) of the statutes is repealed.
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