The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
AB834, s. 1 1Section 1. 77.52 (2) (ag) 39. (intro.) of the statutes is amended to read:
AB834,3,82 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.
651.01 (12), centers for the developmentally disabled, as defined in s. 51.01 (3),
Type
71 secured juvenile correctional facilities, as defined in s. 938.02 (19), or similar
8facilities including, by way of illustration but not of limitation, all of the following:
AB834, s. 2 9Section 2. 101.123 (1) (a) of the statutes is renumbered 101.123 (1) (ag).
AB834, s. 3 10Section 3. 101.123 (1) (ac) of the statutes is created to read:
AB834,4,211 101.123 (1) (ac) "Correctional facility" means any prison, juvenile correctional
12facility, or any other correctional facility that is used to incarcerate persons convicted
13of crimes or adjudged delinquent but does not include a facility that is the private

1residence of the incarcerated person at which no one is employed to insure the
2person's incarceration.
AB834, s. 4 3Section 4. 101.123 (1) (aj) of the statutes is created to read:
AB834,4,64 101.123 (1) (aj) Notwithstanding s. 101.01 (5), "employment" means any trade,
5occupation, or process of manufacture or any method of carrying on such trade,
6occupation, or process of manufacture in which any person may be engaged.
AB834, s. 5 7Section 5. 101.123 (1) (am) of the statutes is amended to read:
AB834,4,118 101.123 (1) (am) "Hospital" has the meaning given in s. 50.33 (2), except that
9"hospital" does not include a nursing home licensed under s. 50.03 that is operated
10in connection with a hospital or a retirement home that is operated in connection
11with a hospital
.
AB834, s. 6 12Section 6. 101.123 (1) (b) of the statutes is amended to read:
AB834,4,1513 101.123 (1) (b) "Inpatient health care facility" means a hospital, a county home
14established under s. 49.70, a county infirmary established under s. 49.72 or, a
15community-based residential facility or a nursing home licensed under s. 50.03.
AB834, s. 7 16Section 7. 101.123 (1) (bn) of the statutes is created to read:
AB834,4,1717 101.123 (1) (bn) "Lodging establishment" means any of the following:
AB834,4,1818 1. A bed and breakfast establishment, as defined in s. 254.61 (1).
AB834,4,1919 2. A hotel, as defined in s. 254.61 (3).
AB834,4,2020 3. A tourist rooming house, as defined in s. 254.61 (6).
AB834, s. 8 21Section 8. 101.123 (1) (br) of the statutes is repealed.
AB834, s. 9 22Section 9. 101.123 (1) (c) of the statutes is repealed.
AB834, s. 10 23Section 10. 101.123 (1) (d) of the statutes is amended to read:
AB834,5,224 101.123 (1) (d) "Person in charge" means the person , or his or her agent, who
25ultimately controls, governs or directs the activities aboard a public conveyance or

1within a place
at a location where smoking is prohibited or regulated under this
2section, regardless of the person's status as owner or lessee.
AB834, s. 11 3Section 11. 101.123 (1) (dg) of the statutes is repealed.
AB834, s. 12 4Section 12. 101.123 (1) (dj) of the statutes is created to read:
AB834,5,95 101.123 (1) (dj) Notwithstanding s. 101.01 (11), "place of employment" means
6any indoor area that employees normally frequent during the course of employment,
7including an office, a work area, an employee lounge, a restroom, a conference room,
8a meeting room, a classroom, a hallway, a stairway, a vehicle, or a cafeteria that is
9provided by the employer.
AB834, s. 13 10Section 13. 101.123 (1) (dm) of the statutes is renumbered 77.51 (11m)
AB834, s. 14 11Section 14. 101.123 (1) (e) of the statutes is renumbered 101.123 (1) (cm) and
12amended to read:
AB834,5,1513 101.123 (1) (cm) "Public conveyance" "Passenger vehicle" means a mass transit
14vehicles vehicle as defined by in s. 340.01 (28m), a motor bus as defined in s. 340.01
15(31),
and a school buses bus as defined by in s. 340.01 (56).
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:
AB834,6,2
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:
AB834,8,2
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:
AB834,9,3
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.
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