SB104: Bill Text

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2003 - 2004 LEGISLATURE

2003 Senate BILL 104

April 9, 2003 - Introduced by Senators Kedzie, Brown, Cowles, Schultz, Roessler, Kanavas and A. Lasee, cosponsored by Representatives Jeskewitz, Albers, Hahn, Ladwig, Townsend, Hines, Travis, Weber and Ott. Referred to Committee on Judiciary, Corrections and Privacy.

SB104,1,3 An Act to amend 167.10 (9) (b); and to create 167.10 (3) (i) and 167.10 (9) (bm) of the statutes; relating to: prohibiting the use of fireworks at certain indoor venues and providing a penalty.

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.

This bill prohibits any person from using fireworks in an indoor area in any building where individuals may assemble to enjoy musical or other entertainment, unless the indoor area has a capacity of more than 500 individuals. This prohibition does not apply to the use of fireworks for purposes of science education at an educational seminar that is open to the public and sponsored by a postsecondary educational institution. The bill creates criminal penalties of increasing severity for a violation of this prohibition, depending upon whether the violation results in bodily harm to or the death of an individual.

Because this bill creates a new crime or revises a penalty for an existing crime, the Joint Review Committee on Criminal Penalties may be requested to prepare a report concerning the proposed penalty and the costs or savings that are likely to result if the bill is enacted.

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

SB104, s. 1 Section 1. 167.10 (3) (i) of the statutes is created to read:

SB104,2,8 167.10 (3) (i) No person may intentionally use fireworks in an indoor area in any building where individuals may assemble to enjoy musical or other entertainment, unless the indoor area has a capacity of more than 500 individuals. This paragraph does not prohibit the use of fireworks for purposes of science education at an educational seminar that is open to the public and sponsored by a postsecondary educational institution. This paragraph does not exempt any person from the requirement to obtain a permit under par. (a).

SB104, s. 2 Section 2. 167.10 (9) (b) of the statutes is amended to read:

SB104,2,11 167.10 (9) (b) A person who violates sub. (2), (3) (a) to (h), or (6) or an ordinance adopted under sub. (5) shall forfeit not more than $1,000.

SB104, s. 3 Section 3. 167.10 (9) (bm) of the statutes is created to read:

SB104,2,14 167.10 (9) (bm) 1. A person who violates sub. (3) (i) may be fined not more than $1,000 or imprisoned for not more than 90 days or both.

SB104,2,17 2. If a person violates sub. (3) (i) and the violation results in bodily harm to an individual, the person may be fined not more than $10,000 or imprisoned for not more than 9 months or both.

SB104,2,19 3. If a person violates sub. (3) (i) and the violation results in the death of an individual, the person is guilty of a Class H felony.

SB104,2,20 (End)