LRB-0077/6
MGG:kjf:jf
2007 - 2008 LEGISLATURE
April 18, 2007 - Introduced by Senators Risser, Roessler, Coggs, Miller and
Darling, cosponsored by Representatives Wieckert, Richards, Gottlieb,
Boyle, Parisi, Black, Benedict, A. Ott, Berceau, Wasserman, Young,
Pope-Roberts and
Toles. Referred to Committee on Public Health, Senior
Issues, Long Term Care and Privacy.
SB150,2,5
1An Act to repeal 101.123 (1) (br), 101.123 (1) (c), 101.123 (1) (dg), 101.123 (1)
2(j), 101.123 (2) (a) 5., 101.123 (2) (am), 101.123 (2) (b), 101.123 (3) (a) to (gr),
3101.123 (4), 101.123 (5), 101.123 (6) (title), 101.123 (8) (b) and 101.123 (8) (c);
4to renumber 101.123 (1) (a), 101.123 (1) (dm) and 101.123 (2) (c);
to renumber
5and amend 101.123 (1) (e), 101.123 (1) (h), 101.123 (2) (a) 10., 101.123 (2) (ar),
6101.123 (2) (bm), 101.123 (2) (br) and 101.123 (2) (bv);
to amend 77.52 (2) (ag)
739. (intro.), 101.123 (1) (am), 101.123 (1) (b), 101.123 (1) (d), 101.123 (1) (f),
8101.123 (1) (g), 101.123 (1) (i), 101.123 (2) (a) (intro.), 101.123 (3) (intro.),
9101.123 (6), 101.123 (7), 101.123 (8) (a), 165.60, 165.755 (1) (b), 302.46 (1) (a),
10460.01 (5), 757.05 (1) (a) and 814.63 (1) (c);
to repeal and recreate 101.123 (2)
11(title), 101.123 (2) (a) 1., 101.123 (2) (a) 4., 101.123 (2) (a) 6. and 101.123 (2) (a)
129.; and
to create 101.123 (1) (ac), 101.123 (1) (aj), 101.123 (1) (bn), 101.123 (1)
13(dj), 101.123 (1) (h) 2., 101.123 (1) (im), 101.123 (2) (a) 2m., 101.123 (2) (a) 2r.,
14101.123 (2) (a) 5m., 101.123 (2) (a) 5t., 101.123 (2) (a) 7m., 101.123 (2) (a) 8g.,
1101.123 (2) (d) (intro.), 101.123 (2m), 101.123 (3) (h), 101.123 (3) (i), 101.123 (3)
2(j), 101.123 (3) (k), 101.123 (3m), 101.123 (4m) (title), 101.123 (8) (d) and
3101.123 (8) (e) of the statutes;
relating to: prohibiting smoking in places of
4employment, restaurants, taverns, and other indoor areas and providing a
5penalty.
Analysis by the Legislative Reference Bureau
Prohibition against smoking
Current law prohibits smoking in most indoor areas 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 public
place or place of employment with exceptions for private residences, designated
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 an office, 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. Day care centers.
5. Inpatient health care facilities, such as community-based residential
facilities and nursing homes.
6. Prisons, jails, and juvenile correctional facilities.
7. Mental health institutions and hospitals where the primary purpose is the
treatment of mental illness, alcoholism, or drug abuse.
8. Centers for the developmentally disabled.
9. Restaurants and taverns, as described below.
10. Retail establishments.
11. Public waiting rooms.
12. 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 beverages license, issued by a
municipality (liquor license). This bill prohibits smoking in any tavern.
Enforcement
This bill requires that persons in charge of places where smoking is prohibited
enforce the prohibitions by taking certain steps to ensure compliance, such as asking
the person to leave or refusing to serve the person if the place is a restaurant or
tavern. This bill imposes forfeitures on persons in charge who fail to take these
measures.
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:
SB150, s. 1
1Section
1. 77.52 (2) (ag) 39. (intro.) of the statutes is amended to read:
SB150,3,82
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 institutions, 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:
SB150, s. 2
9Section
2. 101.123 (1) (a) of the statutes is renumbered 101.123 (1) (ag).
SB150, s. 3
10Section
3. 101.123 (1) (ac) of the statutes is created to read:
SB150,4,211
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.
SB150, s. 4
3Section
4. 101.123 (1) (aj) of the statutes is created to read:
SB150,4,64
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.
SB150, s. 5
7Section
5. 101.123 (1) (am) of the statutes is amended to read:
SB150,4,118
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.
SB150, s. 6
12Section
6. 101.123 (1) (b) of the statutes is amended to read:
SB150,4,1513
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.
SB150, s. 7
16Section
7. 101.123 (1) (bn) of the statutes is created to read:
SB150,4,1717
101.123
(1) (bn) "Lodging establishment" means any of the following:
SB150,4,1818
1. A bed and breakfast establishment, as defined in s. 254.61 (1).
SB150,4,1919
2. A hotel, as defined in s. 254.61 (3).
SB150,4,2020
3. A tourist rooming house, as defined in s. 254.61 (6).
SB150, s. 8
21Section
8. 101.123 (1) (br) of the statutes is repealed.
SB150, s. 9
22Section
9. 101.123 (1) (c) of the statutes is repealed.
SB150, s. 10
23Section
10. 101.123 (1) (d) of the statutes is amended to read:
SB150,5,224
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.
