AB445: Bill Text

LRB-1151/5

MJL:kaf:kat

1997 - 1998 LEGISLATURE

1997 Assembly BILL 445

July 1, 1997 - Introduced by Representatives Wood, La Fave, M. Lehman, Goetsch, Powers, Jensen, Notestein, R. Young, Lazich, Hanson, Gunderson, Gronemus, Williams, Ziegelbauer, Albers, Hutchison, Hahn, Brandemuehl and Ainsworth, cosponsored by Senators Breske, Weeden, Rude, Plache and Decker. Referred to Committee on State Affairs.

AB445,1,3 An Act to amend 167.10 (4); and to create 167.10 (2m) of the statutes; relating to: the sale, use, shipping, storage and handling of fireworks and granting rule-making authority.

Analysis by the Legislative Reference Bureau

Current law authorizes a seller of fireworks to sell only to a person holding a state-issued permit or to a city, village or town. This bill requires a seller of fireworks to obtain and maintain for one year after the date of a sale proof of an individual purchaser's identification or, if the purchaser is a business, the name, mailing address and street address of the business, as well as the amount or quantity of each class of fireworks sold.

Current law does not prohibit a resident wholesaler or jobber from selling fireworks to a person outside this state. This bill prohibits any person from selling fireworks to a minor outside this state. The bill also forbids the sale of fireworks to a nonresident purchaser unless that purchaser signs a statement that the purchaser agrees to comply with the laws of the state of destination concerning the possession, use, storage, packaging and shipping of fireworks.

Finally, the bill requires the department of commerce to promulgate rules pertaining to the identification and documentation requirements of the bill.

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:

AB445, s. 1 Section 1. 167.10 (2m) of the statutes is created to read:

AB445,2,3 167.10 (2m) Identification and documentation requirements. (a) No person may sell fireworks to an individual unless all of the following conditions are met:

AB445,2,6 1. The purchaser, if a resident of this state, identifies himself or herself with a valid operator's license issued under ch. 343, an identification card issued under s. 343.50 or an identification card issued under s. 125.08, 1987 stats.

AB445,2,12 2. The purchaser, if not a resident of this state, identifies himself or herself with a valid operator's or driver's license or an identification card issued by another state to the purchaser that contains the full name, date of birth and residence address of the purchaser; the sex, height, weight and hair and eye color of the purchaser; the name of the issuing state and the card's issuance date and number; and the signature of the purchaser.

AB445,2,15 3. The purchaser, if not a resident of this state, signs a statement that he or she agrees to comply with the laws of the state of destination concerning the possession, use, storage, packaging, shipping and sale of fireworks.

AB445,2,17 (b) For each sale of fireworks, the seller shall obtain and maintain all of the following for one year after the date of sale:

AB445,2,20 1. If the purchaser is an individual, the name, residence address, date of birth and an identification number of the purchaser from identification furnished under par. (a).

AB445,3,3 2. If the purchaser is not an individual, the complete business name, mailing address and street address of the purchaser and whether the purchaser is a corporation, partnership, association or other legal entity.

AB445,3,5 3. The classification code under 49 CFR 173.50 and amount or quantity of each class of fireworks sold.

AB445,3,7 (c) The department of commerce shall promulgate rules for the administration of this subsection.

AB445, s. 2 Section 2. 167.10 (4) of the statutes is amended to read:

AB445,3,17 167.10 (4) (title) Out-of-state and in-state shipping. This section does not prohibit a resident wholesaler or jobber from selling fireworks to a person an adult outside of this state or to a person or group granted a permit under sub. (3) (c) 1. to 7. A resident wholesaler or jobber may not sell fireworks to a minor outside of this state. A resident wholesaler or jobber that ships the fireworks sold under this subsection shall package and ship the fireworks in accordance with applicable state and federal law by, as defined in s. 194.01 (1), (2) and (11), common motor carrier, contract motor carrier or private motor carrier, as defined respectively in s. 194.01 (1), (2) and (11).

AB445, s. 3 Section 3. Effective date.

AB445,3,20 (1) This act takes effect on the first day of the 6th month beginning after publication.

AB445,3,21 (End)