comm062_EmR1022.pdf Commerce – Revises s. Comm 62.0400 – EmR1022
Publication Date: June 28, 2010
Effective Dates: July 5, 2010 through December 1, 2010
DEPARTMENT OF COMMERCE
EMERGENCY RULE
RELATING TO NO SMOKING SIGNS
The Department of Commerce finds that an emergency exists within the state of Wisconsin and that adoption of an emergency rule is necessary for the immediate preservation of the public health, safety and welfare. A statement of the facts constituting the emergency is as follows.
Pursuant to section 227.24 (1) (c), Stats., this rule is adopted as an emergency rule to take effect on July 5, 2010.
Dated at Madison this ___________
day of ___________________, 2010,
by the Department of Commerce.
_____________________________
, Secretary
Analysis of Rule
1. Statutes Interpreted
Statutes Interpreted: s. 101.123 (6), Stats.
2. Statutory Authority
Statutory Authority: ss. 101.02 (1) and 101.123 (6), Stats.
3. Related Statute or Rule
Statutes: 101.123 (2m)
4. Explanation of Agency Authority
2009 Wisconsin Act 12, s. 101.123, Stats., which is to take effect on July 5, 2010, basically prohibits smoking in enclosed places of public buildings and places of employment. The Act directs the department to establish characteristics for no smoking signs which persons in charge are to utilize aboard public conveyances and in public buildings and places of employment.
5. Summary of Proposed Rules
The rules dictate that minimally no smoking signs include the international “No Smoking” symbol consisting of a pictorial burning cigarette enclosed in a red circle with a red bar across the cigarette.
6. Summary of, and Comparison with, Existing or Proposed Federal Regulations
An internet search on U.S. federal regulations and U.S. federal register yielded no results regarding a general national prohibition of smoking in places of employment and public buildings.
7. Comparison with Rules in Adjacent States
The following is a comparison of smoking prohibitions and signage enacted in adjacent states.
Illinois The
Smoke Free Illinois Act, 410 ILCS 82, as of January 1, 2008 prohibits smoking
in a public place or in any place of employment or within 15 feet of any
entrance to a public place or place of employment. Under the Act "No Smoking" signs or
the international "No Smoking" symbol, consisting of a pictorial
representation of a burning cigarette enclosed in a red circle with a red bar
across it are to be utilized.
Iowa Effective July 1, 2008, Iowa under the Smokefree Air
Act no longer allows smoking in almost all public places and enclosed areas
within places of employment, as well as some outdoor areas. The law applies
to: restaurants, bars, outdoor entertainment events and amphitheaters. It also
covers places of employment such as office buildings, health care facilities,
and child care facilities. Smoking is allowed on the gaming floor of a licensed
casino, as well as designated hotel and motel rooms. Under the law "No Smoking" signs or
the international "No Smoking" symbol are to identify no smoking
establishments.
Michigan Beginning May 1,
2010, smoking is prohibited in most public places in Michigan. The law covers
any workplace and any food service establishment. This law covers public
places, including, but not limited to, restaurants, bars, shopping malls,
bowling alleys, concert halls, arenas, museums, mechanic shops, health
facilities, nursing homes, education facilities, and child care centers. Under
the Act "No
Smoking" signs or the international "No Smoking" symbol,
consisting of a pictorial representation of a burning cigarette enclosed in a
red circle with a red bar across it are to be utilized.
Minnesota As of October 1, 2007 Minnesota under the Clean Indoor Air Act prohibits smoking in bars, restaurants, private clubs such as VFWs and American Legion halls, bowling alleys, country club lounges, lobbies of hotels and motels, public transportation, taxis, home offices where employees work or customers visit, home day cares when children are present, and smaller commercial vehicles carrying more than one person. Under the rules administered by the Minnesota Department of Health, s. 4620.0500, whenever the international no smoking symbol is used, the diameter of the outer circle must not be less than three inches.
8. Summary of Factual Data and Analytical Methodologies
The rules were developed as a result of an analysis of 2009 Wisconsin Act 12 and the variety of buildings and structures potentially affected and their circumstances of operation.
9. Analysis and Supporting Documents used to Determine Effect on Small Business or in Preparation of Economic Impact Report
The department does not believe that the proposed rules will increase the effect on small businesses over that imposed by the Act.
An economic impact report has not been required to be prepared.
10. Agency Contact.
James Quast, Program Manager, jim.quast@wisconsin.gov, (608) 266-9292
11. Public Hearing Comments.
The hearing record on this emergency rule will remain open until July 30, 2010. Written comments on the proposed may be submitted to James Quast, at the Department of Commerce, P.O. Box 2689, Madison, WI 53701-2689, or Email at jim.quast@wisconsin.gov.
TEXT OF RULE:
SECTION 1. Comm 62.0400 (5) is created to read:
Comm 62.0400 (5) NO-SMOKING SIGNS. No-smoking signs shall include the international “No Smoking” symbol consisting of a pictorial burning cigarette enclosed in a red circle with a red bar across the cigarette.
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