LRB-2783/1
TAY:skg:ks
1995 - 1996 LEGISLATURE
February 21, 1995 - Introduced by Senators Weeden, Leean, Panzer, Zien, Breske,
Chvala, Rosenzweig, Buettner
and George, cosponsored by Representatives
Lorge, Jensen, Boyle, Lehman, Harsdorf, Brandemuehl, Ott, Baldus,
Wilder, Silbaugh, Hahn, Underheim, Ryba
and Musser. Referred to
Committee on Business, Economic Development and Urban Affairs.
SB76,1,5 1An Act to amend 167.10 (1) (i) and (k) to (n), 167.10 (3) (a), 167.10 (4), 167.10
2(5) (a) (intro.), 167.10 (5) (a) 1., 167.10 (5) (a) 2., 167.10 (5) (a) 3., 167.10 (6) (e),
3167.10 (6m) and 167.10 (8) (b); and to create 167.10 (5) (c), 167.10 (5) (d) and
4167.10 (8m) of the statutes; relating to: changes in the laws regulating
5fireworks and granting rule-making authority.
Analysis by the Legislative Reference Bureau
This bill makes the following changes in the law regulating fireworks, which
is administered by the department of industry, labor and human relations. The bill:
1. Revises the descriptions of various fireworks that are excluded from
regulation under current law.
2. Eliminates the current law's authority of cities, villages and towns to adopt
ordinances that regulate the possession of fireworks, that prohibit the possession of
fireworks or that define fireworks to include devices excluded from fireworks
regulation under state law.
3. Modifies the current law's restrictions on the sale of fireworks for shipment
or delivery out-of-state and on the type of carriers that may ship fireworks
out-of-state. Under the bill, a resident wholesaler, dealer or jobber may sell
fireworks at wholesale or otherwise for shipment or delivery out-of-state. The
fireworks must be shipped or delivered in accordance with federal regulations
concerning transportation of hazardous materials and may be shipped or delivered
by any common motor carrier, contract motor carrier or private motor carrier.
4. Specifies that the only fireworks seized as evidence of fireworks law
violations that may be destroyed are those fireworks that are the actual subject of
a conviction for a violation of state or local fireworks law. Any other seized fireworks
must be returned to their owners.

For further information see the state and 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:
SB76, s. 1 1Section 1. 167.10 (1) (i) and (k) to (n) of the statutes are amended to read:
SB76,2,52 167.10 (1) (i) A sparkler on a wire or wood stick not exceeding 36 inches in
3length or 0.25 inch in outside diameter which does not contain magnesium, chlorate
4or perchlorate
that is designed to produce audible or visible effects or to produce
5audible and visible effects
.
SB76,2,96 (k) A fuseless device that is designed to produce an audible sound but not
7explode, spark, move or emit an external flame after ignition and which does not
8exceed 3 grams in total weight
or visible effects or audible and visible effects, and that
9contains less than one-quarter grain of explosive mixture
.
SB76,2,1310 (L) A device that emits smoke with no external flame and does not leave the
11ground
is designed primarily to burn pyrotechnic smoke-producing mixtures, at a
12controlled rate, and that produces audible or visible effects, or audible and visible
13effects
.
SB76,2,1814 (m) A cylindrical fountain not exceeding 100 grams in total weight with an
15inside tube diameter not exceeding 0.75 inch, designed to sit on the ground and emit
16only sparks and smoke
that consists of one or more tubes and that is classified by the
17federal department of transportation as a Class C explosive, as defined in 49 CFR
18173.100
(r)
.
SB76,3,219 (n) A cone fountain not exceeding 75 grams in total weight, designed to sit on
20the ground and emit only sparks and smoke
that is classified by the federal

1department of transportation as a Class C explosive, as defined in 49 CFR 173.100
2(r)
.
SB76, s. 2 3Section 2. 167.10 (3) (a) of the statutes is amended to read:
SB76,3,104 167.10 (3) (a) No person may possess or use fireworks without a user's permit
5from the mayor of the city, president of the village or chairperson of the town in which
6the possession or use is to occur or from an official or employe of that municipality
7designated by the mayor, president or chairperson. No person may use fireworks or
8a device listed under sub. (1) (e) to (g) or (i) to (n) while attending a fireworks display
9for which a permit has been issued to a person listed under par. (c) 1. to 5. or under
10par. (c) 6. if the display is open to the general public.
SB76, s. 3 11Section 3. 167.10 (4) of the statutes is amended to read:
SB76,3,1812 167.10 (4) Out-of-state. This section does not prohibit a resident wholesaler,
13dealer or jobber from selling fireworks at wholesale, if that wholesaler, dealer or
14jobber ships or delivers the fireworks outside of this state in sealed opaque containers
15and in accordance with 49 CFR 171 by, as defined in s. 194.01 (1), (2) and (11),
16common motor carrier, contract motor carrier or private motor carrier engaged in the
17business of shipping or delivering property
, or to a person or group granted a permit
18under sub. (3) (c) 1. to 7.
SB76, s. 4 19Section 4. 167.10 (5) (a) (intro.) of the statutes is amended to read:
SB76,3,2420 167.10 (5) (a) (intro.) A Subject to pars. (b), (c) and (d), a city, village, town or
21county may enact an ordinance for any of the following, except that a county
22ordinance enacted under this paragraph does not apply and may not be enforced
23within any city, village or town that has enacted or enacts an ordinance under this
24paragraph
:
SB76, s. 5 25Section 5. 167.10 (5) (a) 1. of the statutes is amended to read:
SB76,4,2
1167.10 (5) (a) 1. Defining "fireworks" to include all items included under sub.
2(1) (intro.) and anything under sub. (1) (e), (f), (i), (j), (k), (L), (m) and (n).
SB76, s. 6 3Section 6. 167.10 (5) (a) 2. of the statutes is amended to read:
SB76,4,54 167.10 (5) (a) 2. Prohibiting the sale, possession or use, as defined by ordinance,
5of fireworks.
SB76, s. 7 6Section 7. 167.10 (5) (a) 3. of the statutes is amended to read:
SB76,4,87 167.10 (5) (a) 3. Regulating the sale, possession or use, as defined by ordinance,
8of fireworks.
SB76, s. 8 9Section 8. 167.10 (5) (c) of the statutes is created to read:
SB76,4,1310 167.10 (5) (c) An ordinance under par. (a) may not cover, prohibit or regulate
11the sale or storage of fireworks by wholesalers, importers, jobbers, dealers or
12manufacturers of fireworks who are doing business in this state on the effective date
13of this paragraph .... [revisor inserts date].
SB76, s. 9 14Section 9. 167.10 (5) (d) of the statutes is created to read:
SB76,4,1715 167.10 (5) (d) A county ordinance enacted under par. (a) does not apply and may
16not be enforced within any city, village or town that has enacted or enacts an
17ordinance under par. (a).
SB76, s. 10 18Section 10. 167.10 (6) (e) of the statutes is amended to read:
SB76,4,2119 167.10 (6) (e) No person may store fireworks within 50 25 feet of a public
20assemblage or place where gasoline or volatile liquid is sold dispensed in quantities
21exceeding one gallon.
SB76, s. 11 22Section 11. 167.10 (6m) of the statutes is amended to read:
SB76,5,223 167.10 (6m) Licensing and inspecting manufacturers. (a) After June 30,
241985, no
No person may manufacture in this state fireworks or a device listed under

1sub. (1) (e), (f) or (i) to (n) without a fireworks manufacturing license issued by the
2department of industry, labor and human relations under par. (d).
SB76,5,63 (b) After June 30, 1985, no No person may manufacture in this state fireworks
4or a device listed under sub. (1) (e), (f) or (i) to (n) unless the person complies with the
5rules of the department of industry, labor and human relations promulgated under
6par. (e).
SB76,5,107 (c) Any person who, after June 30, 1985, manufactures in this state fireworks
8or a device listed under sub. (1) (e), (f) or (i) to (n) shall provide the department of
9industry, labor and human relations with a copy of each federal license issued under
1018 USC 843 to that person.
SB76,5,1711 (d) The department of industry, labor and human relations shall issue a license
12to manufacture fireworks or devices listed under sub. (1) (e), (f) or (i) to (n) to a person
13who complies with the rules of the department promulgated under par. (e). The
14department may not issue a license to a person who does not comply with the rules
15promulgated under par. (e). The department may revoke a license under this
16subsection for the refusal to permit an inspection at reasonable times by the
17department or for a continuing violation of the rules promulgated under par. (e).
SB76,5,2318 (e) The department of industry, labor and human relations shall promulgate
19rules to establish safety standards for the manufacture in this state of fireworks and
20devices listed under sub. (1) (e), (f) or (i) to (n). The rules may not take effect before
21July 1, 1985
department of industry, labor and human relations shall conduct a
22public hearing at least once every 3 years to review whether the rules promulgated
23under this subsection need to be amended
.
SB76,6,3
1(f) The department of industry, labor and human relations may inspect at
2reasonable times the premises on which each person licensed under this subsection
3manufactures fireworks or devices listed under sub. (1) (e), (f) or (i) to (n).
SB76, s. 12 4Section 12. 167.10 (8) (b) of the statutes is amended to read:
SB76,6,125 167.10 (8) (b) Fireworks Except as provided in s. 968.20 (4), fireworks stored,
6handled, sold, possessed or used by a person who violates this section, an ordinance
7adopted under sub. (5) or a court order under par. (a) shall may be seized. The
8fireworks
and held as evidence of the violation. Fireworks that are the subject of a
9violation of this section, an ordinance adopted under sub. (5) or a court order under
10par. (a)
shall be destroyed after conviction for a violation, and otherwise. Fireworks
11that are seized as evidence of a violation for which no conviction results shall be

12returned to the owner.
SB76, s. 13 13Section 13. 167.10 (8m) of the statutes is created to read:
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