AB286: Bill Text

AB286,2,13 (L) A device that emits smoke with no external flame and does not leave the ground is designed primarily to burn pyrotechnic smoke-producing mixtures, at a controlled rate, and that produces audible or visible effects, or audible and visible effects.

AB286,2,18 (m) A cylindrical fountain not exceeding 100 grams in total weight with an inside tube diameter not exceeding 0.75 inch, designed to sit on the ground and emit only sparks and smoke that consists of one or more tubes and that is classified by the federal department of transportation as a Class C explosive, as defined in 49 CFR 173.100 (r).

AB286,3,2 (n) A cone fountain not exceeding 75 grams in total weight, designed to sit on the ground and emit only sparks and smoke that is classified by the federal department of transportation as a Class C explosive, as defined in 49 CFR 173.100 (r).

AB286, s. 2 Section 2. 167.10 (3) (a) of the statutes is amended to read:

AB286,3,10 167.10 (3) (a) No person may possess or use fireworks without a user's permit from the mayor of the city, president of the village or chairperson of the town in which the possession or use is to occur or from an official or employe of that municipality designated by the mayor, president or chairperson. 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.

AB286, s. 3 Section 3. 167.10 (4) of the statutes is amended to read:

AB286,3,18 167.10 (4) Out-of-state. This section does not prohibit a resident wholesaler, dealer or jobber from selling fireworks at wholesale, if that wholesaler, dealer or jobber ships or delivers the fireworks outside of this state in sealed opaque containers and in accordance with 49 CFR 171 by, as defined in s. 194.01 (1), (2) and (11), common motor carrier, contract motor carrier or private motor carrier engaged in the business of shipping or delivering property, or to a person or group granted a permit under sub. (3) (c) 1. to 7.

AB286, s. 4 Section 4. 167.10 (5) (a) (intro.) of the statutes is amended to read:

AB286,3,24 167.10 (5) (a) (intro.) A Subject to pars. (b), (c) and (d), a city, village, town or county may enact an ordinance for any of the following, except that a county ordinance enacted under this paragraph does not apply and may not be enforced within any city, village or town that has enacted or enacts an ordinance under this paragraph:

AB286, s. 5 Section 5. 167.10 (5) (a) 1. of the statutes is amended to read:

AB286,4,2 167.10 (5) (a) 1. Defining "fireworks" to include all items included under sub. (1) (intro.) and anything under sub. (1) (e), (f), (i), (j), (k), (L), (m) and (n).

AB286, s. 6 Section 6. 167.10 (5) (a) 2. of the statutes is amended to read:

AB286,4,5 167.10 (5) (a) 2. Prohibiting the sale, possession or use, as defined by ordinance, of fireworks.

AB286, s. 7 Section 7. 167.10 (5) (a) 3. of the statutes is amended to read:

AB286,4,8 167.10 (5) (a) 3. Regulating the sale, possession or use, as defined by ordinance, of fireworks.

AB286, s. 8 Section 8. 167.10 (5) (c) of the statutes is created to read:

AB286,4,13 167.10 (5) (c) An ordinance under par. (a) may not cover, prohibit or regulate the sale or storage of fireworks by wholesalers, importers, jobbers, dealers or manufacturers of fireworks who are doing business in this state on the effective date of this paragraph .... [revisor inserts date].

AB286, s. 9 Section 9. 167.10 (5) (d) of the statutes is created to read:

AB286,4,17 167.10 (5) (d) A county ordinance enacted under par. (a) does not apply and may not be enforced within any city, village or town that has enacted or enacts an ordinance under par. (a).

AB286, s. 10 Section 10. 167.10 (6) (e) of the statutes is amended to read:

AB286,4,21 167.10 (6) (e) No person may store fireworks within 50 25 feet of a public assemblage or place where gasoline or volatile liquid is sold dispensed in quantities exceeding one gallon.

AB286, s. 11 Section 11. 167.10 (6m) of the statutes is amended to read:

AB286,5,2 167.10 (6m) Licensing and inspecting manufacturers. (a) After June 30, 1985, no No person may manufacture in this state fireworks or a device listed under sub. (1) (e), (f) or (i) to (n) without a fireworks manufacturing license issued by the department of industry, labor and human relations under par. (d).

AB286,5,6 (b) After June 30, 1985, no No person may manufacture in this state fireworks or a device listed under sub. (1) (e), (f) or (i) to (n) unless the person complies with the rules of the department of industry, labor and human relations promulgated under par. (e).

AB286,5,10 (c) Any person who, after June 30, 1985, manufactures in this state fireworks or a device listed under sub. (1) (e), (f) or (i) to (n) shall provide the department of industry, labor and human relations with a copy of each federal license issued under 18 USC 843 to that person.

AB286,5,17 (d) The department of industry, labor and human relations shall issue a license to manufacture fireworks or devices listed under sub. (1) (e), (f) or (i) to (n) to a person who complies with the rules of the department promulgated under par. (e). The department may not issue a license to a person who does not comply with the rules promulgated under par. (e). The department may revoke a license under this subsection for the refusal to permit an inspection at reasonable times by the department or for a continuing violation of the rules promulgated under par. (e).

AB286,5,23 (e) The department of industry, labor and human relations shall promulgate rules to establish safety standards for the manufacture in this state of fireworks and devices listed under sub. (1) (e), (f) or (i) to (n). The rules may not take effect before July 1, 1985 department of industry, labor and human relations shall conduct a public hearing at least once every 3 years to review whether the rules promulgated under this subsection need to be amended.

AB286,6,3 (f) The department of industry, labor and human relations may inspect at reasonable times the premises on which each person licensed under this subsection manufactures fireworks or devices listed under sub. (1) (e), (f) or (i) to (n).

AB286, s. 12 Section 12. 167.10 (8) (b) of the statutes is amended to read:

AB286,6,12 167.10 (8) (b) Fireworks Except as provided in s. 968.20 (4), fireworks stored, handled, sold, possessed or used by a person who violates this section, an ordinance adopted under sub. (5) or a court order under par. (a) shall may be seized. The fireworks and held as evidence of the violation. Fireworks that are the subject of a violation of this section, an ordinance adopted under sub. (5) or a court order under par. (a) shall be destroyed after conviction for a violation, and otherwise. Fireworks that are seized as evidence of a violation for which no conviction results shall be returned to the owner.

AB286, s. 13 Section 13. 167.10 (8m) of the statutes is created to read:

AB286,6,19 167.10 (8m) Rules. The department of industry, labor and human relations shall promulgate rules to establish safety standards for the storage, use, sale at retail and wholesale, and import and distribution of fireworks and any device under sub. (1) (i) to (n). The department of industry, labor and human relations shall conduct a public hearing at least once every 3 years to review whether the rules promulgated under this subsection need to be amended.

AB286, s. 14 Section 14. Initial applicability.

AB286,6,23 (1)  Fireworks seizure and destruction. The treatment of section 167.10 (8) (b) of the statutes first applies to any fireworks seized for a violation committed on the effective date of this subsection.

AB286,6,24 (End)