RJM:jld:km
2001 - 2002 LEGISLATURE
March 13, 2001 - Introduced by Senators Darling and Farrow, cosponsored by
Representatives Steinbrink, Starzyk, Kreuser, J. Lehman and Williams.
Referred to Committee on Universities, Housing, and Government
Operations.
SB85,1,7 1An Act to repeal 167.10 (3) (g); to renumber 167.10 (7); to amend 167.10 (2)
2(a), 167.10 (3) (a), 167.10 (3) (e), 167.10 (8) (a), 895.035 (7) and 895.485 (2)
3(intro.); to repeal and recreate 167.10 (7) (title); and to create 167.10 (3) (cm),
4167.10 (3) (i) and 167.10 (7) (b) of the statutes; relating to: permits for the
5possession or use of certain fireworks, sales of fireworks to certain
6organizations and groups, liability for the use of illegally sold fireworks, and the
7authority of district attorneys to enforce laws relating to fireworks.
Analysis by the Legislative Reference Bureau
Current law regulates the possession, use, sale, storage, handling, and
manufacture of certain fireworks. With certain exceptions, current law requires any
person who possesses or uses regulated fireworks to have a fireworks permit that
was issued by the city, village, or town (municipality) in which the possession or use
occurs. Current law authorizes the mayor, president, or chairperson of a
municipality, or other designated municipal official or employee, to issue a fireworks
permit. In addition, under current law, a fire or law enforcement official of the
municipality must be given a copy of a permit at least two days before the date of the
use authorized in the permit. Current law does not specify who is required to give
this copy to the fire or law enforcement official.
This bill specifies that a person must obtain a fireworks permit directly from
the municipality that issues the permit. The bill also specifies that the municipal

official or employee who issues the fireworks permit must do so at a location where
he or she, in the normal course of municipal affairs, carries out his or her official
responsibilities or duties. In addition, the bill requires each permit issued by a
municipality to be approved and signed by a fire official of the municipality. The bill
replaces the requirement that a copy of each permit be given to a fire or law
enforcement official of the municipality with a requirement that the fire official
retain a copy of each permit he or she approves and signs. The bill also specifies that
a municipality may not issue a fireworks permit if less than two days remain before
the date that the fireworks may be used under the permit.
With limited exceptions, current law prohibits the sale of regulated fireworks
to any person who does not hold a fireworks permit. Only certain persons may obtain
a fireworks permit under current law. These persons include, among others, any
civic organization or group of resident or nonresident individuals.
With certain limited exceptions, this bill imposes additional requirements on
a civic organization or group of resident or nonresident individuals that seeks to
obtain a fireworks permit. Under the bill, a municipality may issue a permit to this
type of organization or group only if the permit is provided to an individual who gives
the municipality reasonable proof that he or she has been a member of the
organization or group for at least six months and is authorized to act on behalf of the
organization or group. In addition, under the bill, a municipality may not issue a
permit to this type of organization or group if, within the six months preceding the
date on which the permit is requested, the municipality provided a different
individual with a permit for the organization or group. Any fireworks sold to this
type of organization or group under the bill may be provided by the seller only to the
individual who obtained the permit on behalf of the organization or group.
Under current law, certain individuals, including parents, foster parents, and
legal guardians, may be held liable for damages caused by the use of fireworks by
minors for whom the individuals are responsible. This bill creates another liability
provision under which a person who illegally sells fireworks may be held liable for
any bodily injury, death, and damage to property that is caused by the use of the
fireworks.
Current law allows a municipality to enact ordinances that regulate the
possession, use, and sale of fireworks in the municipality, provided the ordinances
are at least as restrictive as similar provisions in the state fireworks law. A
municipality may sue in circuit court for an order enjoining violations of its
ordinances or violations of certain state laws relating to fireworks. This bill grants
district attorneys the same authority to petition for an order enjoining violations of
state laws relating to fireworks as is currently provided to municipalities.
For further information see the 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:
SB85, s. 1
1Section 1. 167.10 (2) (a) of the statutes is amended to read:
SB85,3,62 167.10 (2) (a) To a person holding a permit under sub. (3) (c). A person who sells
3fireworks to a civic organization or group of resident or nonresident individuals
4holding a permit under sub. (3) (c), other than a civic organization or group that is
5described in sub. (3) (c) 1. to 4. or 7., may provide the fireworks only to the individual
6to whom the permit is provided under sub. (3) (i)
;
SB85, s. 2 7Section 2. 167.10 (3) (a) of the statutes is amended to read:
SB85,3,158 167.10 (3) (a) No person may possess or use fireworks without a user's permit,
9obtained by the person
from the mayor of the city, president of the village or
10chairperson of the town
city, village, or town in which the possession or use is to occur
11or from an official or employee of that municipality designated by the mayor,
12president or chairperson
, that specifically authorizes the possession or use. No
13person may use fireworks or a device listed under sub. (1) (e) to (g) or (i) to (n) while
14attending a fireworks display for which a permit has been issued to a person listed
15under par. (c) 1. to 5. or under par. (c) 6. if the display is open to the general public.
SB85, s. 3 16Section 3. 167.10 (3) (cm) of the statutes is created to read:
SB85,3,2417 167.10 (3) (cm) 1. Each permit issued by a city, village, or town under this
18subsection shall be issued by the mayor or city manager of the city, president of the
19village, or chairperson of the town, or an official or employee of that municipality
20designated by the mayor, city manager, president, or chairperson, acting on behalf
21of that municipality. The mayor, city manager, president, chairperson, or designated
22official or employee shall issue each permit under this subsection at a location where
23he or she, in the normal course of municipal affairs, carries out his or her official
24responsibilities or duties.
SB85,4,3
12. A fire official of a city, village, or town shall approve and sign each permit
2under this subsection before the permit is issued by that city, village, or town. The
3fire official shall retain a copy of each permit that the fire official approves and signs.
SB85,4,64 3. A city, village, or town may issue a permit under this subsection only if the
5permit is issued at least 2 days before the date of the use authorized under the
6permit.
SB85, s. 4 7Section 4. 167.10 (3) (e) of the statutes is amended to read:
SB85,4,188 167.10 (3) (e) The person city, village, or town issuing a permit under this
9subsection may require an indemnity bond with good and sufficient sureties or policy
10of liability insurance for the payment of all claims that may arise by reason of injuries
11to person or property from the handling, use or discharge of fireworks under the
12permit. The bond or policy, if required, shall be taken in the name of the city, village
13or town wherein the fireworks are to be used, and any person injured thereby may
14bring an action on the bond or policy in the person's own name to recover the damage
15the person has sustained, but the aggregate liability of the surety or insurer to all
16persons shall not exceed the amount of the bond or policy. The bond or policy, if
17required, together with a copy of the permit shall be filed in the office of the clerk of
18the city, village or town.
SB85, s. 5 19Section 5. 167.10 (3) (g) of the statutes is repealed.
SB85, s. 6 20Section 6. 167.10 (3) (i) of the statutes is created to read:
SB85,4,2421 167.10 (3) (i) A city, village, or town may not issue a permit under this
22subsection to a civic organization or group of resident or nonresident individuals,
23other than a civic organization or group that is described in par. (c) 1. to 4. or 7., unless
24all of the following are satisfied:
SB85,5,5
11. The permit is provided to an individual who gives the city, village, or town
2reasonable proof that the individual has been a member of the civic organization or
3group for at least the 6 months preceding the date on which the permit is requested
4and that the individual is authorized to act on behalf of the civic organization or
5group.
SB85,5,66 2. The permit states the name of the individual to whom the permit is provided.
SB85,5,97 3. The city, village, or town has not, during the 6 months preceding the date on
8which the permit is requested, provided a different individual with a permit issued
9to the civic organization or group under this subsection.
SB85, s. 7 10Section 7. 167.10 (7) (title) of the statutes is repealed and recreated to read:
SB85,5,1111 167.10 (7) (title) Liability.
SB85, s. 8 12Section 8. 167.10 (7) of the statutes is renumbered 167.10 (7) (a).
SB85, s. 9 13Section 9. 167.10 (7) (b) of the statutes is created to read:
SB85,5,1614 167.10 (7) (b) A person who sells fireworks in violation of sub. (2) may be held
15liable for any bodily injury to or death of others and for any damage to the property
16of others that is caused by the use of the fireworks.
SB85, s. 10 17Section 10. 167.10 (8) (a) of the statutes is amended to read:
SB85,5,2118 167.10 (8) (a) A city, village or town may petition the circuit court for an order
19enjoining violations of sub. (2), (3) or (6) or an ordinance adopted under sub. (5)
20within the municipality. A district attorney of a county where violations of sub. (2),
21(3), or (6) occur may petition the circuit court for an order enjoining the violations
.
SB85, s. 11 22Section 11. 895.035 (7) of the statutes is amended to read:
SB85,5,2423 895.035 (7) This section does not affect or limit any liability of a parent under
24s. 167.10 (7) (a) or 343.15 (2).
SB85, s. 12 25Section 12. 895.485 (2) (intro.) of the statutes is amended to read:
SB85,6,3
1895.485 (2) (intro.) Except as provided in ss. 167.10 (7) (a) and 343.15 (2), any
2foster, treatment foster or family-operated group home parent licensed under s.
348.62 or 48.625 is immune from civil liability for any of the following:
SB85, s. 13 4Section 13. Initial applicability.
SB85,6,65 (1) Sales. The treatment of section 167.10 (2) (a) of the statutes first applies
6to transactions entered into on the effective date of this subsection.
SB85,6,97 (2) Permits. The treatment of section 167.10 (3) (a), (cm), (g), and (i) of the
8statutes first applies to permits issued under section 167.10 (3) of the statutes on the
9effective date of this subsection.
SB85,6,1210 (3) Liability. The treatment of section 167.10 (7) (b) of the statutes first applies
11to bodily injury to or death of others and to damage to the property of others that is
12caused by the use of the fireworks sold on the effective date of this subsection.
SB85,6,1313 (End)
Loading...
Loading...