Date of enactment: April 20, 2004
2003 Senate Bill 75 Date of publication*: May 4, 2004
* Section 991.11, Wisconsin Statutes 2001-02 : Effective date of acts. "Every act and every portion of an act enacted by the legislature over the governor's partial veto which does not expressly prescribe the time when it takes effect shall take effect on the day after its date of publication as designated" by the secretary of state [the date of publication may not be more than 10 working days after the date of enactment].
2003 WISCONSIN ACT 298
An Act to create 167.10 (7m) of the statutes; relating to: creating a civil liability exemption for certain municipalities and their agents that issue fireworks permits.
The people of the state of Wisconsin, represented in senate and assembly, do enact as follows:
Joint Legislative Council prefatory note: This bill was prepared for the Joint Legislative Council's Special Committee on Review of Fireworks Law. Current law generally prohibits the sale of fireworks and the possession of fireworks with the intent to sell them. The exceptions are that fireworks may be sold to a person holding a valid user's permit, to a city, village, or town, or for certain specified purposes such as in a manufacturing process. The law authorizes a city, village, or town to issue a user's permit if certain requirements are met. Current law also generally limits local government liability for damages, injury, or death to $50,000. [See s. 893.80 (3).] The bill provides that no city, village, or town, or committee, official, or employee of a city, village, or town, is civilly liable for damage to any person or property caused by fireworks by reason of issuing a permit, in accordance with applicable legal requirements, that authorized the purchase, possession, or use of the fireworks.
298,1 Section 1. 167.10 (7m) of the statutes is created to read:
167.10 (7m) Municipal liability. No city, village, or town, or committee, official, or employee of a city, village, or town, is civilly liable for damage to any person or property caused by fireworks for the sole reason that the city, village, or town issued a permit in accordance with the requirements of sub. (3) and any applicable requirements authorized under sub. (5), that authorized the purchase, possession, or use of the fireworks.
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