2009 WISCONSIN ACT
12
An Act
to repeal
101.123 (1) (am), 101.123 (1) (bg), 101.123 (1) (bm), 101.123 (1) (br), 101.123 (1) (c), 101.123 (1) (dg), 101.123 (1) (gm), 101.123 (2) (a) 1., 101.123 (2) (a) 5., 101.123 (2) (a) 6., 101.123 (2) (am), 101.123 (2) (b), 101.123 (3) (a) to (gr), 101.123 (4), 101.123 (5), 101.123 (8) (b) and 101.123 (8) (c);
to renumber
101.123 (1) (a) and 101.123 (1) (dm);
to renumber and amend
101.123 (1) (h), 101.123 (2) (a) 10., 101.123 (2) (ar), 101.123 (2) (bm), 101.123 (2) (br), 101.123 (2) (bv) and 101.123 (2) (c);
to amend
77.52 (2) (ag) 39. (intro.), 101.123 (1) (ar), 101.123 (1) (b), 101.123 (1) (d), 101.123 (1) (e), 101.123 (1) (f), 101.123 (1) (g), 101.123 (1) (i), 101.123 (2) (a) (intro.), 101.123 (3) (intro.), 101.123 (6), 101.123 (7), 125.12 (1) (c), 165.60, 165.755 (1) (b), 302.46 (1) (a), 460.01 (5), 757.05 (1) (a) and 814.63 (1) (c);
to repeal and recreate
101.123 (2) (title), 101.123 (2) (a) 4., 101.123 (2) (a) 9. and 101.123 (8) (a); and
to create
101.123 (1) (ab), 101.123 (1) (ac), 101.123 (1) (aj), 101.123 (1) (ak), 101.123 (1) (bn), 101.123 (1) (dj), 101.123 (1) (dn), 101.123 (1) (eg), 101.123 (1) (gg), 101.123 (1) (hm), 101.123 (1) (id), 101.123 (1) (im), 101.123 (1) (in), 101.123 (1) (io), 101.123 (1) (ip), 101.123 (2) (a) 1g., 101.123 (2) (a) 1m., 101.123 (2) (a) 1r., 101.123 (2) (a) 5m., 101.123 (2) (a) 5t., 101.123 (2) (a) 7m., 101.123 (2) (a) 7r., 101.123 (2) (a) 8d., 101.123 (2) (a) 8g., 101.123 (2) (d) (intro.), 101.123 (2) (e), 101.123 (2m), 101.123 (3) (h), 101.123 (3) (i), 101.123 (3) (j), 101.123 (3) (L) and (m), 101.123 (8) (d) and 101.123 (8) (dm) and (em) of the statutes;
relating to:
prohibiting smoking in indoor areas, in sports arenas, in public conveyances, and at certain outdoor locations and providing a penalty.
The people of the state of Wisconsin, represented in senate and assembly, do enact as follows:
Section
1
.
77.52 (2) (ag) 39. (intro.) of the statutes is amended to read:
77.52
(2)
(ag) 39. (intro.) Equipment in offices, business facilities, schools, and hospitals but not in residential facilities including personal residences, apartments, long-term care facilities, as defined under s. 16.009 (1) (em),
state institutions, as defined under s. 101.123 (1) (i)
prisons, mental health institutes, as defined in s. 51.01 (12), centers for the developmentally disabled, as defined in s. 51.01 (3)
, Type 1 juvenile correctional facilities, as defined in s. 938.02 (19), or similar facilities including, by way of illustration but not of limitation, all of the following:
Section
2
.
101.123 (1) (a) of the statutes is renumbered 101.123 (1) (ae).
Section
3
.
101.123 (1) (ab) of the statutes is created to read:
101.123
(1)
(ab) "Assisted living facility" means a community-based residential facility, as defined in s. 50.01 (1g), a residential care apartment complex, as defined in s. 50.01 (1d), or an adult family home, as defined in s. 50.01 (1) (b).
Section
4
.
101.123 (1) (ac) of the statutes is created to read:
101.123
(1)
(ac) "Correctional facility" means any of the following:
1. A state prison, as defined or named in s. 302.01, except a correctional institution under s. 301.046 (1) or 301.048 (4) (b) if the institution is the prisoner's place of residence and no one is employed there to ensure the prisoner's incarceration.
2. A juvenile detention facility, as defined in s. 938.02 (10r), or a juvenile correctional facility, as defined in s. 938.02 (10p), except a juvenile correctional facility authorized under s. 938.533 (3) (b), 938.538 (4) (b), or 938.539 (5) if the facility is a private residence in which the juvenile is placed and no one is employed there to ensure that the juvenile remains in custody.
3. A jail, as defined in s. 165.85 (2) (bg), a Huber facility under s. 303.09, a work camp under s. 303.10, a reforestation camp under s. 303.07, or a lockup facility under s. 302.30.
Section
5
.
101.123 (1) (aj) of the statutes is created to read:
101.123
(1)
(aj) Notwithstanding s. 101.01 (5), "employment" means any trade, occupation, or process of manufacture or any method of carrying on such trade, occupation, or process of manufacture in which any person may be engaged.
Section
6
.
101.123 (1) (ak) of the statutes is created to read:
101.123
(1)
(ak) "Enclosed place" means a structure or area that has all of the following:
1. A roof.
2. More than 2 substantial walls.
Section
7
.
101.123 (1) (am) of the statutes is repealed.
Section
8
.
101.123 (1) (ar) of the statutes is amended to read:
101.123
(1)
(ar) "Immediate vicinity of the state capitol" means the area directly adjacent to the state capitol building, as determined by rule of the department of administration. "Immediate vicinity of the state capitol" does not include any location that is more than
one fathom
six feet
from the state capitol building.
Section
9
.
101.123 (1) (b) of the statutes is amended to read:
101.123
(1)
(b) "Inpatient health care facility" means
a hospital, as defined in s. 50.33 (2),
a county home established under s. 49.70, a county infirmary established under s. 49.72
or a community-based residential facility or
,
a nursing home
licensed under s. 50.03
, as defined in s. 50.01 (3), a hospice, as defined in s. 50.90 (1), a Wisconsin veterans home under s. 45.50, or a treatment facility
.
Section
10
.
101.123 (1) (bg) of the statutes is repealed.
Section
11
.
101.123 (1) (bm) of the statutes is repealed.
Section
12
.
101.123 (1) (bn) of the statutes is created to read:
101.123
(1)
(bn) "Lodging establishment" means any of the following:
1. A bed and breakfast establishment, as defined in s. 254.61 (1).
2. A hotel, as defined in s. 254.61 (3).
3. A tourist rooming house, as defined in s. 254.61 (6).
Section
13
.
101.123 (1) (br) of the statutes is repealed.
Section
14
.
101.123 (1) (c) of the statutes is repealed.
Section
15
.
101.123 (1) (d) of the statutes is amended to read:
101.123
(1)
(d) "Person in charge" means the person
, or his or her agent,
who ultimately controls, governs or directs the activities aboard a public conveyance or
within a place
at a location
where smoking is
prohibited or
regulated under this section
, regardless of the person's status as owner or lessee
.
Section
16
.
101.123 (1) (dg) of the statutes is repealed.
Section
17
.
101.123 (1) (dj) of the statutes is created to read:
101.123
(1)
(dj) Notwithstanding s. 101.01 (11), "place of employment" means any enclosed place that employees normally frequent during the course of employment, including an office, a work area, an elevator, an employee lounge, a restroom, a conference room, a meeting room, a classroom, a hallway, a stairway, a lobby, a common area, a vehicle, or an employee cafeteria.
Section
18
.
101.123 (1) (dm) of the statutes is renumbered 77.51 (11m).
Section
19
.
101.123 (1) (dn) of the statutes is created to read:
101.123
(1)
(dn) "Private club" means a facility used by an organization that limits its membership and is organized for a recreational, fraternal, social, patriotic, political, benevolent, or athletic purpose.
Section
20
.
101.123 (1) (e) of the statutes is amended to read:
101.123
(1)
(e) "Public conveyance" means
a
mass transit
vehicles
vehicle
as defined
by
in
s. 340.01 (28m)
and
, a
school
buses
bus
as defined
by
in
s. 340.01 (56)
, or any other device by which persons are transported, for hire, on a highway or by rail, water, air, or guidewire within this state, but does not include such a device while providing transportation in interstate commerce
.
Section
21
.
101.123 (1) (eg) of the statutes is created to read:
101.123
(1)
(eg) "Public place" means any enclosed place that is open to the public, regardless of whether a fee is charged or a place to which the public has lawful access or may be invited.
Section
22
.
101.123 (1) (f) of the statutes is amended to read:
101.123
(1)
(f) "Restaurant" means an establishment
as
defined in s. 254.61 (5)
with a seating capacity of more than 50 persons
.
Section
23
.
101.123 (1) (g) of the statutes is amended to read:
101.123
(1)
(g) "Retail establishment" means any store or shop in which retail sales is the principal business conducted
, except a tavern operating under a "Class B" intoxicating liquor license or Class "B" fermented malt beverages license, and
except bowling centers
.
Section
24
.
101.123 (1) (gg) of the statutes is created to read:
101.123
(1)
(gg) "Retail tobacco store" means a retail establishment that does not have a "Class B" intoxicating liquor license or a Class "B" fermented malt beverages license and that generates 75 percent or more of its gross annual income from the retail sale of tobacco products and accessories.
Section
25
.
101.123 (1) (gm) of the statutes is repealed.
Section
26
.
101.123 (1) (h) of the statutes is renumbered 101.123 (1) (h) (intro.) and amended to read:
101.123
(1)
(h) (intro.) "Smoking" means
carrying a lighted
burning or holding, or inhaling or exhaling smoke from, any of the following items containing tobacco:
1. A lighted
cigar
,
.
2. A lighted
cigarette
,
.
3. A lighted
pipe
or any
.
4. Any
other lighted smoking equipment.
Section
27
.
101.123 (1) (hm) of the statutes is created to read:
101.123
(1)
(hm) "Sports arena" means any stadium, pavilion, gymnasium, swimming pool, skating rink, bowling center, or other building where spectator sporting events are held.
Section
28
.
101.123 (1) (i) of the statutes is amended to read:
101.123
(1)
(i) "State institution" means
a prison,
a mental health institute
,
as defined in s. 51.01 (12)
or
,
a center for the developmentally disabled
,
as defined in s. 51.01 (3)
, or a secure mental health facility at which persons are committed under s. 980.06
.
Section
29
.
101.123 (1) (id) of the statutes is created to read:
101.123
(1)
(id) "Substantial wall" means a wall with an opening that may be used to allow air in from the outside that is less than 25 percent of the wall's surface area.
Section
30
.
101.123 (1) (im) of the statutes is created to read:
101.123
(1)
(im) "Tavern" means an establishment, other than a restaurant, that holds a "Class B" intoxicating liquor license or Class "B" fermented malt beverages license.
Section
31
.
101.123 (1) (in) of the statutes is created to read:
101.123
(1)
(in) "Tobacco bar" means a tavern that generates 15 percent or more of its annual gross income from the sale on the tavern premises, other than from a vending machine, of cigars and tobacco for pipes.
Section
32
.
101.123 (1) (io) of the statutes is created to read:
101.123
(1)
(io) "Tobacco product" means any form of tobacco prepared in a manner suitable for smoking but not including a cigarette.
Section
33
.
101.123 (1) (ip) of the statutes is created to read:
101.123
(1)
(ip) "Treatment facility" means a publicly or privately operated inpatient facility that provides treatment of alcoholic, drug dependent, mentally ill, or developmentally disabled persons.
Section
34
.
101.123 (2) (title) of the statutes is repealed and recreated to read:
101.123
(2)
(title)
Prohibition against smoking.
Section
35
.
101.123 (2) (a) (intro.) of the statutes is amended to read:
101.123
(2)
(a) (intro.) Except as provided in sub. (3), no person may smoke in
any of
the following
enclosed
places:
Section
36
.
101.123 (2) (a) 1. of the statutes is repealed.
Section
37
.
101.123 (2) (a) 1g. of the statutes is created to read:
101.123
(2)
(a) 1g. The state capitol.
Section
38
.
101.123 (2) (a) 1m. of the statutes is created to read:
101.123
(2)
(a) 1m. Residence halls or dormitories owned or operated by a college or university.
Section
39
.
101.123 (2) (a) 1r. of the statutes is created to read:
101.123
(2)
(a) 1r. Day care centers.
Section
40
.
101.123 (2) (a) 4. of the statutes is repealed and recreated to read:
101.123
(2)
(a) 4. Theaters.
Section
41
.
101.123 (2) (a) 5. of the statutes is repealed.
Section
42
.
101.123 (2) (a) 5m. of the statutes is created to read:
101.123
(2)
(a) 5m. Correctional facilities.
Section
43
.
101.123 (2) (a) 5t. of the statutes is created to read:
101.123
(2)
(a) 5t. State institutions.
Section
44
.
101.123 (2) (a) 6. of the statutes is repealed.
Section
45
.
101.123 (2) (a) 7m. of the statutes is created to read:
101.123
(2)
(a) 7m. Taverns.
Section
46
.
101.123 (2) (a) 7r. of the statutes is created to read:
101.123
(2)
(a) 7r. Private clubs.
Section
47
.
101.123 (2) (a) 8d. of the statutes is created to read:
101.123
(2)
(a) 8d. Common areas of multiple-unit residential properties.
Section
48
.
101.123 (2) (a) 8g. of the statutes is created to read:
101.123
(2)
(a) 8g. Lodging establishments.
Section
49
.
101.123 (2) (a) 9. of the statutes is repealed and recreated to read:
101.123
(2)
(a) 9. All enclosed places, other than those listed in subds. 1. to 8r., that are places of employment or that are public places.
Section
50
.
101.123 (2) (a) 10. of the statutes is renumbered 101.123 (2) (a) 8r. and amended to read:
101.123
(2)
(a) 8r.
Any enclosed, indoor area of a state,
State,
county, city, village
,
or town
building
buildings
.
Section
51
.
101.123 (2) (am) of the statutes is repealed.
Section
52
.
101.123 (2) (ar) of the statutes is renumbered 101.123 (2) (d) 1. and amended to read:
101.123
(2)
(d) 1.
Notwithstanding par. (a) and sub. (3), no person may smoke in the state capitol building or in
In
the immediate vicinity of the state capitol.
Section
53
.
101.123 (2) (b) of the statutes is repealed.
Section
54
.
101.123 (2) (bm) of the statutes is renumbered 101.123 (2) (d) 2. and amended to read:
101.123
(2)
(d) 2.
Notwithstanding par. (a) and sub. (3), no person may smoke on
Anywhere on
the premises
, indoors or outdoors,
of a day care center when children who are receiving day care services are present.
Section
55
.
101.123 (2) (br) of the statutes is renumbered 101.123 (2) (d) 3. and amended to read:
101.123
(2)
(d) 3.
Notwithstanding par. (a) and sub. (3), no person may smoke in any enclosed, indoor area of a Type 1 juvenile correctional facility or on
Anywhere on
the grounds of a Type 1 juvenile correctional facility.
Section
56
.
101.123 (2) (bv) of the statutes is renumbered 101.123 (2) (d) 4. and amended to read:
101.123
(2)
(d) 4.
Notwithstanding par. (a) and sub. (3), no person may smoke in
A location that is 25 feet or less from
a residence hall or dormitory that is owned or operated by the Board of Regents of the University of Wisconsin System
or in any location that is 25 feet or less from such a residence hall or dormitory
.
Section
57
.
101.123 (2) (c) of the statutes is renumbered 101.123 (4m) and amended to read:
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."
Section
58
.
101.123 (2) (d) (intro.) of the statutes is created to read:
101.123
(2)
(d) (intro.) No person may smoke at any of the following outdoor locations:
Section
59
.
101.123 (2) (e) of the statutes is created to read:
101.123
(2)
(e) No person may smoke in any of the following:
1. A sports arena.
2. A bus shelter.
3. A public conveyance.
Section
60
.
101.123 (2m) of the statutes is created to read:
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.
(b) A person in charge may not provide matches, ashtrays, or other equipment for smoking at the location where smoking is prohibited.
(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:
1. Posting signs setting forth the prohibition and providing other appropriate notification and information concerning the prohibition.
2. Refusing to serve a person, if the person is smoking in a restaurant, tavern, or private club.
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.
(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.
(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.
Section
61
.
101.123 (3) (intro.) of the statutes is amended to read:
101.123
(3)
Exceptions.
(intro.) The
regulation of
prohibition against
smoking in sub. (2) (a) does not apply to the following
places
:
Section
62
.
101.123 (3) (a) to (gr) of the statutes are repealed.
Section
63
.
101.123 (3) (h) of the statutes is created to read:
101.123
(3)
(h) A private residence.
Section
64
.
101.123 (3) (i) of the statutes is created to read:
101.123
(3)
(i) A room used by only one person in an assisted living facility as his or her residence.
Section
65
.
101.123 (3) (j) of the statutes is created to read:
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.
Section
66
.
101.123 (3) (L) and (m) of the statutes are created to read:
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.
(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.
Section
67
.
101.123 (4) of the statutes is repealed.
Section
68
.
101.123 (5) of the statutes is repealed.
Section
69
.
101.123 (6) of the statutes is amended to read:
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.
Section
70
.
101.123 (7) of the statutes is amended to read:
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
.
Section
71
.
101.123 (8) (a) of the statutes is repealed and recreated to read:
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.
Section
72
.
101.123 (8) (b) of the statutes is repealed.
Section
73
.
101.123 (8) (c) of the statutes is repealed.
Section
74
.
101.123 (8) (d) of the statutes is created to read:
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.
Section
75
.
101.123 (8) (dm) and (em) of the statutes are created to read:
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.
(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.
Section
76
.
125.12 (1) (c) of the statutes is amended to read:
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.
Section
77
.
165.60 of the statutes is amended to read:
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.
Section
78
.
165.755 (1) (b) of the statutes is amended to read:
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).
Section
79
.
302.46 (1) (a) of the statutes is amended to read:
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.
Section
80
.
460.01 (5) of the statutes is amended to read:
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
.
Section
81
.
757.05 (1) (a) of the statutes is amended to read:
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.
Section
82
.
814.63 (1) (c) of the statutes is amended to read:
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).
Section
83
.
Initial applicability.
(1) This act first applies to violations occurring on the effective date of this subsection.
Section
84
.
Effective date.
(1) This act takes effect on July 5, 2010.
