SB85: Bill Text

The people of the state of Wisconsin, represented in senate and assembly, do enact as follows:

SB85, s. 1 Section 1. 167.10 (2) (a) of the statutes is amended to read:

SB85,3,6 167.10 (2) (a) To a person holding a permit under sub. (3) (c). A person who sells fireworks to a civic organization or group of resident or nonresident individuals holding a permit under sub. (3) (c), other than a civic organization or group that is described in sub. (3) (c) 1. to 4. or 7., may provide the fireworks only to the individual to whom the permit is provided under sub. (3) (i);

SB85, s. 2 Section 2. 167.10 (3) (a) of the statutes is amended to read:

SB85,3,15 167.10 (3) (a) No person may possess or use fireworks without a user's permit, obtained by the person from the mayor of the city, president of the village or chairperson of the town city, village, or town in which the possession or use is to occur or from an official or employee of that municipality designated by the mayor, president or chairperson, that specifically authorizes the possession or use. No person may use fireworks or a device listed under sub. (1) (e) to (g) or (i) to (n) while attending a fireworks display for which a permit has been issued to a person listed under par. (c) 1. to 5. or under par. (c) 6. if the display is open to the general public.

SB85, s. 3 Section 3. 167.10 (3) (cm) of the statutes is created to read:

SB85,3,24 167.10 (3) (cm) 1. Each permit issued by a city, village, or town under this subsection shall be issued by the mayor or city manager of the city, president of the village, or chairperson of the town, or an official or employee of that municipality designated by the mayor, city manager, president, or chairperson, acting on behalf of that municipality. The mayor, city manager, president, chairperson, or designated official or employee shall issue each permit under this subsection at a location where he or she, in the normal course of municipal affairs, carries out his or her official responsibilities or duties.

SB85,4,3 2. A fire official of a city, village, or town shall approve and sign each permit under this subsection before the permit is issued by that city, village, or town. The fire official shall retain a copy of each permit that the fire official approves and signs.

SB85,4,6 3. A city, village, or town may issue a permit under this subsection only if the permit is issued at least 2 days before the date of the use authorized under the permit.

SB85, s. 4 Section 4. 167.10 (3) (e) of the statutes is amended to read:

SB85,4,18 167.10 (3) (e) The person city, village, or town issuing a permit under this subsection may require an indemnity bond with good and sufficient sureties or policy of liability insurance for the payment of all claims that may arise by reason of injuries to person or property from the handling, use or discharge of fireworks under the permit. The bond or policy, if required, shall be taken in the name of the city, village or town wherein the fireworks are to be used, and any person injured thereby may bring an action on the bond or policy in the person's own name to recover the damage the person has sustained, but the aggregate liability of the surety or insurer to all persons shall not exceed the amount of the bond or policy. The bond or policy, if required, together with a copy of the permit shall be filed in the office of the clerk of the city, village or town.

SB85, s. 5 Section 5. 167.10 (3) (g) of the statutes is repealed.

SB85, s. 6 Section 6. 167.10 (3) (i) of the statutes is created to read:

SB85,4,24 167.10 (3) (i) A city, village, or town may not issue a permit under this subsection to a civic organization or group of resident or nonresident individuals, other than a civic organization or group that is described in par. (c) 1. to 4. or 7., unless all of the following are satisfied:

SB85,5,5 1. The permit is provided to an individual who gives the city, village, or town reasonable proof that the individual has been a member of the civic organization or group for at least the 6 months preceding the date on which the permit is requested and that the individual is authorized to act on behalf of the civic organization or group.

SB85,5,6 2. The permit states the name of the individual to whom the permit is provided.

SB85,5,9 3. The city, village, or town has not, during the 6 months preceding the date on which the permit is requested, provided a different individual with a permit issued to the civic organization or group under this subsection.

SB85, s. 7 Section 7. 167.10 (7) (title) of the statutes is repealed and recreated to read:

SB85,5,11 167.10 (7) (title) Liability.

SB85, s. 8 Section 8. 167.10 (7) of the statutes is renumbered 167.10 (7) (a).

SB85, s. 9 Section 9. 167.10 (7) (b) of the statutes is created to read:

SB85,5,16 167.10 (7) (b) A person who sells fireworks in violation of sub. (2) may be held liable for any bodily injury to or death of others and for any damage to the property of others that is caused by the use of the fireworks.

SB85, s. 10 Section 10. 167.10 (8) (a) of the statutes is amended to read:

SB85,5,21 167.10 (8) (a) A city, village or town may petition the circuit court for an order enjoining violations of sub. (2), (3) or (6) or an ordinance adopted under sub. (5) within the municipality. A district attorney of a county where violations of sub. (2), (3), or (6) occur may petition the circuit court for an order enjoining the violations.

SB85, s. 11 Section 11. 895.035 (7) of the statutes is amended to read:

SB85,5,24 895.035 (7) This section does not affect or limit any liability of a parent under s. 167.10 (7) (a) or 343.15 (2).

SB85, s. 12 Section 12. 895.485 (2) (intro.) of the statutes is amended to read:

SB85,6,3 895.485 (2) (intro.) Except as provided in ss. 167.10 (7) (a) and 343.15 (2), any foster, treatment foster or family-operated group home parent licensed under s. 48.62 or 48.625 is immune from civil liability for any of the following:

SB85, s. 13 Section 13. Initial applicability.

SB85,6,6 (1) Sales. The treatment of section 167.10 (2) (a) of the statutes first applies to transactions entered into on the effective date of this subsection.

SB85,6,9 (2) Permits. The treatment of section 167.10 (3) (a), (cm), (g), and (i) of the statutes first applies to permits issued under section 167.10 (3) of the statutes on the effective date of this subsection.

SB85,6,12 (3) Liability. The treatment of section 167.10 (7) (b) of the statutes first applies to bodily injury to or death of others and to damage to the property of others that is caused by the use of the fireworks sold on the effective date of this subsection.

SB85,6,13 (End)