Wisconsin Legislature: AB834, s. 30

AB834, s. 15 16Section 15. 101.123 (1) (f) of the statutes is amended to read:

AB834,5,1817 101.123 (1) (f) "Restaurant" means an establishment as defined in s. 254.61 (5)
18with a seating capacity of more than 50 persons.

AB834, s. 16 19Section 16. 101.123 (1) (g) of the statutes is amended to read:

AB834,5,2220 101.123 (1) (g) "Retail establishment" means any store or shop in which retail
21sales is the principal business conducted, except a tavern operating under a "Class
22B" intoxicating liquor license or Class "B" fermented malt beverages license.

AB834, s. 17 23Section 17. 101.123 (1) (h) of the statutes is renumbered 101.123 (1) (h) (intro.)
24and amended to read:

AB834,5,2525 101.123 (1) (h) (intro.) "Smoking" means carrying any of the following:

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11. Burning or holding a lighted cigar, cigarette, pipe, or any other lighted
2smoking equipment.

AB834, s. 18 3Section 18. 101.123 (1) (h) 2. of the statutes is created to read:

AB834,6,54 101.123 (1) (h) 2. Inhaling or exhaling smoke from a lighted cigar, cigarette,
5pipe, or other lighted smoking equipment.

AB834, s. 19 6Section 19. 101.123 (1) (i) of the statutes is amended to read:

AB834,6,97 101.123 (1) (i) "State institution" means a prison, a mental health institute as
8defined in s. 51.01 (12) or a center for the developmentally disabled as defined in s.
951.01 (3).

AB834, s. 20 10Section 20. 101.123 (1) (im) of the statutes is created to read:

AB834,6,1311 101.123 (1) (im) "Tavern" means an establishment, other than a restaurant,
12that holds a "Class B" intoxicating liquor license or Class "B" fermented malt
13beverages license.

AB834, s. 21 14Section 21. 101.123 (1) (j) of the statutes is repealed.

AB834, s. 22 15Section 22. 101.123 (2) (title) of the statutes is repealed and recreated to read:

AB834,6,1616 101.123 (2) (title) Prohibition against smoking.

AB834, s. 23 17Section 23. 101.123 (2) (a) (intro.) of the statutes is amended to read:

AB834,6,1918 101.123 (2) (a) (intro.) Except as provided in sub. (3), no person may smoke in
19any of the following indoor places:

AB834, s. 24 20Section 24. 101.123 (2) (a) 1. of the statutes is repealed and recreated to read:

AB834,6,2121 101.123 (2) (a) 1. Passenger vehicles.

AB834, s. 25 22Section 25. 101.123 (2) (a) 2m. of the statutes is created to read:

AB834,6,2323 101.123 (2) (a) 2m. Residence halls or dormitories of universities or colleges.

AB834, s. 26 24Section 26. 101.123 (2) (a) 2r. of the statutes is created to read:

AB834,6,2525 101.123 (2) (a) 2r. Day care centers.

AB834, s. 27

1Section 27. 101.123 (2) (a) 4. of the statutes is repealed and recreated to read:

AB834,7,22 101.123 (2) (a) 4. Theaters.

AB834, s. 28 3Section 28. 101.123 (2) (a) 5. of the statutes is repealed.

AB834, s. 29 4Section 29. 101.123 (2) (a) 5m. of the statutes is created to read:

AB834,7,55 101.123 (2) (a) 5m. Lockup facilities, jails, or correctional facilities.

AB834, s. 30 6Section 30. 101.123 (2) (a) 5t. of the statutes is created to read:

AB834,7,77 101.123 (2) (a) 5t. State institutions.

AB834, s. 31 8Section 31. 101.123 (2) (a) 6. of the statutes is repealed and recreated to read:

AB834,7,99 101.123 (2) (a) 6. Elevators.

AB834, s. 32 10Section 32. 101.123 (2) (a) 7m. of the statutes is created to read:

AB834,7,1111 101.123 (2) (a) 7m. Taverns.

AB834, s. 33 12Section 33. 101.123 (2) (a) 8g. of the statutes is created to read:

AB834,7,1313 101.123 (2) (a) 8g. Lodging establishments except as provided in sub. (3m).

AB834, s. 34 14Section 34. 101.123 (2) (a) 9. of the statutes is repealed and recreated to read:

AB834,7,1715 101.123 (2) (a) 9. Any indoor place, other than the places listed in subds. 1. to
168r., that is a place of employment or that is open to the public or to which members
17of the public may be invited or have lawful access.

AB834, s. 35 18Section 35. 101.123 (2) (a) 10. of the statutes is renumbered 101.123 (2) (a) 8r.
19and amended to read:

AB834,7,2120 101.123 (2) (a) 8r. Any enclosed, indoor area of a state, State, county, city,
21village, or and town building buildings.

AB834, s. 36 22Section 36. 101.123 (2) (am) of the statutes is repealed.

AB834, s. 37 23Section 37. 101.123 (2) (ar) of the statutes is renumbered 101.123 (2) (d) 1. and
24amended to read:

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1101.123 (2) (d) 1. Notwithstanding par. (a) and sub. (3), no person may smoke
2in the state capitol building or in In the immediate vicinity of the state capitol.

AB834, s. 38 3Section 38. 101.123 (2) (b) of the statutes is repealed.

AB834, s. 39 4Section 39. 101.123 (2) (bm) of the statutes is renumbered 101.123 (2) (d) 2.
5and amended to read:

AB834,8,86 101.123 (2) (d) 2. Notwithstanding par. (a) and sub. (3), no person may smoke
7Outside on the premises, indoors or outdoors, of a day care center when children who
8are receiving day care services are present.

AB834, s. 40 9Section 40. 101.123 (2) (br) of the statutes is renumbered 101.123 (2) (d) 3. and
10amended to read:

AB834,8,1311 101.123 (2) (d) 3. Notwithstanding par. (a) and sub. (3), no person may smoke
12in any enclosed, indoor area of a Type 1 juvenile correctional facility or on On the
13grounds of a Type 1 juvenile correctional facility, as defined in s. 938.02 (19).

AB834, s. 41 14Section 41. 101.123 (2) (bv) of the statutes is renumbered 101.123 (2) (d) 4. and
15amended to read:

AB834,8,1916 101.123 (2) (d) 4. Notwithstanding par. (a) and sub. (3), no person may smoke
17in A location that is 25 feet or less from a residence hall or dormitory that is owned
18or operated by the Board of Regents of the University of Wisconsin System or in any
19location that is 25 feet or less from such a residence hall or dormitory.

AB834, s. 42 20Section 42. 101.123 (2) (c) of the statutes is renumbered 101.123 (4m).

AB834, s. 43 21Section 43. 101.123 (2) (d) (intro.) of the statutes is created to read:

AB834,8,2322 101.123 (2) (d) (intro.) No person may smoke at any of the following outdoor
23locations:

AB834, s. 44 24Section 44. 101.123 (2m) of the statutes is created to read:

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1101.123 (2m) Responsibility of persons in charge. (a) No person in charge
2may allow any person to smoke in violation of sub. (2) at a location that is under the
3control or direction of the person in charge.

AB834,9,54 (b) No person in charge may provide matches, ashtrays, or other equipment for
5smoking at the location where smoking is prohibited.

AB834,9,76 (c) A person in charge shall make reasonable efforts to prohibit persons from
7smoking at a location where smoking is prohibited by doing all of the following:

AB834,9,98 1. Posting signs setting forth the prohibition and providing other appropriate
9notification and information concerning the prohibition.

AB834,9,1010 2. Refusing to serve a person, if the person is smoking in a restaurant or tavern.

AB834,9,1211 3. Asking a person who is smoking to refrain from smoking and, if the person
12refuses to do so, asking the person to leave the location.

AB834,9,1513 (d) If a person refuses to leave a location after being requested to do so as
14provided in par. (c) 3., the person in charge shall immediately notify an appropriate
15law enforcement agency of the violation.

AB834,9,1816 (e) A person in charge may take measures in addition to those listed in pars.
17(b) and (c) to prevent persons from being exposed to others who are smoking or to
18further ensure compliance with this section.

AB834, s. 45 19Section 45. 101.123 (3) (intro.) of the statutes is amended to read:

AB834,9,2120 101.123 (3) Exceptions. (intro.) The regulation of prohibition against smoking
21in sub. (2) (a) does not apply to the following places:

AB834, s. 46 22Section 46. 101.123 (3) (a) to (gr) of the statutes are repealed.

AB834, s. 47 23Section 47. 101.123 (3) (h) of the statutes is created to read:

AB834,9,2424 101.123 (3) (h) A private residence.

AB834, s. 48 25Section 48. 101.123 (3) (i) of the statutes is created to read:

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1101.123 (3) (i) A room used by a person in a retirement home as his or her
2residence.

AB834, s. 49 3Section 49. 101.123 (3) (j) of the statutes is created to read:

AB834,10,74 101.123 (3) (j) A room in a retirement home in which 2 or more persons reside
5if every person who lives in that room smokes and each of those persons has made
6a written request to the person in charge of the retirement home to be placed in a
7room where smoking is allowed.

AB834, s. 50 8Section 50. 101.123 (3) (k) of the statutes is created to read:

AB834,10,109 101.123 (3) (k) A room in a lodging establishment that has been designated as
10a room where smoking is allowed, as provided under sub. (3m).

AB834, s. 51 11Section 51. 101.123 (3) (ks) of the statutes is created to read:

AB834,10,1312 101.123 (3) (ks) A retail establishment that sells tobacco products, as provided
13under sub. (3r).

AB834, s. 52 14Section 52. 101.123 (3m) of the statutes is created to read:

AB834,10,1715 101.123 (3m) Lodging. (a) Except as provided in par. (b), the owner of a lodging
16establishment may designate not more than 25 percent of the guest rooms in the
17lodging establishment as guest rooms in which smoking is permitted.

AB834,10,2018 (b) If a lodging establishment has less than 4 rooms, the owner of the lodging
19establishment may designate one guest room as a guest room in which smoking is
20permitted.

AB834, s. 53 21Section 53. 101.123 (3r) of the statutes is created to read:

AB834,11,222 101.123 (3r) Tobacco retailers. The owner of a retail establishment selling
23tobacco products may allow customers to sample tobacco, tobacco products, and
24tobacco product accessories in order for the customers to determine whether to make
25a purchase if the retail establishment derives not less than 80 percent of its annual

1gross income from the on-site sale of tobacco, tobacco products, and tobacco product
2accessories.

AB834, s. 54 3Section 54. 101.123 (4) of the statutes is repealed.

AB834, s. 55 4Section 55. 101.123 (4m) (title) of the statutes is created to read:

AB834,11,55 101.123 (4m) (title) Local regulation.

AB834, s. 56 6Section 56. 101.123 (5) of the statutes is repealed.

AB834, s. 57 7Section 57. 101.123 (6) of the statutes is amended to read:

AB834,11,118 101.123 (6) Uniform signs. The department shall, by rule, specify uniform
9dimensions and other characteristics of the signs used to designate smoking areas
10required under sub. (2m). These rules may not require the use of signs that are more
11expensive than is necessary to accomplish their purpose.

AB834, s. 58 12Section 58. 101.123 (7) of the statutes is amended to read:

AB834,11,1513 101.123 (7) Signs for state agencies. The department shall arrange with the
14department of administration to have the signs prepared and made available to state
15agencies for use in state facilities that set forth the prohibition against smoking.