LRB-4124/1
RJM:wlj:ch
1999 - 2000 LEGISLATURE
February 1, 2000 - Introduced by Representatives Jensen, Rhoades, Suder,
Kestell, Pettis, Duff, La Fave, Albers, Sykora, Grothman, Owens,
Underheim, Gard, Seratti, Schooff, Kedzie, Ryba, Gronemus, Pocan,
Klusman and Skindrud, cosponsored by Senators Wirch, Breske, Decker,
Roessler, Panzer, Huelsman, Fitzgerald, Robson, George and Darling.
Referred to Committee on Small Business and Economic Development.
AB685,1,4
1An Act to renumber and amend 167.10 (2);
to amend 167.10 (3) (bm), 167.10
2(4), 167.10 (8) (a) and 167.10 (9) (b); and
to create 167.10 (2) (bm) and 167.10
3(3) (b) 8. of the statutes;
relating to: the sale of fireworks to nonresidents and
4shipping of fireworks.
Analysis by the Legislative Reference Bureau
Current law regulates the sale, use and possession of certain fireworks. With
limited exceptions, current law prohibits the sale of regulated fireworks to any
person who does not hold a fireworks user's permit. One exception in current law
authorizes a resident wholesaler to sell regulated fireworks "to a person outside of
this state". In State v. Victory Fireworks, Inc., Nos. 99-0243 to 99-0251, slip op. (Wis.
Ct. App. Sept. 30, 1999), the court of appeals held that this exception only permits
a sale to a person who is physically located outside of this state. Under current law,
if a resident wholesaler sells fireworks under this exception, the resident wholesaler
must package and ship the fireworks in accordance with applicable state and federal
laws and must ship the fireworks by common, contract or private motor carrier.
This bill reverses State v. Victory Fireworks, Inc. Under this bill, a resident
wholesaler may sell regulated fireworks to any nonresident person if the fireworks
are for use outside of this state. Under the bill, a nonresident person may still
purchase fireworks for use within this state if the nonresident person meets the
requirements for use and possession in current law.
The bill also changes the shipping and transport requirements for fireworks.
Under the bill, fireworks that are purchased by a nonresident person for use outside
of this state must be transported by the nonresident person or shipped by the
resident wholesaler to a location outside of this state. If the fireworks are
transported by the nonresident person, the bill authorizes the nonresident person to
stop in any city, town or village for up to 12 hours while en route to the out-of-state
destination. This authorization is similar to an authorization in current law that
applies to a person who is transporting fireworks to a permitted location within this
state. In addition, the bill repeals the requirement that a resident wholesaler must
use a common, contract or private motor carrier to ship fireworks. Under the bill,
if fireworks are shipped by a resident wholesaler, the resident wholesaler must follow
all applicable state and federal laws.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
AB685, s. 1
1Section
1. 167.10 (2) of the statutes is renumbered 167.10 (2) (am) and
2amended to read:
AB685,2,43
167.10
(2) (am)
Generally. No person may sell or possess with intent to sell
4fireworks, except
to any of the following:
AB685,2,55
1.
To a A person holding a permit under sub. (3) (c)
;.
AB685,2,66
2.
To a A city, village or town
; or.
AB685,2,77
3.
For A person for a purpose specified under sub. (3) (b) 2. to 6.
AB685, s. 2
8Section
2. 167.10 (2) (bm) of the statutes is created to read:
AB685,2,119
167.10
(2) (bm)
Exception; sale by resident wholesaler or jobber. Paragraph
10(am) does not prohibit a resident wholesaler or resident jobber from selling fireworks
11to a nonresident person for use outside of this state.
AB685, s. 3
12Section
3. 167.10 (3) (b) 8. of the statutes is created to read:
AB685,2,1613
167.10
(3) (b) 8. Except as provided in par. (bm), the possession of fireworks by
14a nonresident person in any city, town or village if the nonresident person intends
15to use the fireworks outside of this state and is transporting the fireworks to a
16location outside of this state.
AB685, s. 4
17Section
4. 167.10 (3) (bm) of the statutes is amended to read:
AB685,3,4
1167.10
(3) (bm) Paragraph (a) applies to a person transporting fireworks under
2par. (b) 7.
or 8. if, in the course of transporting the fireworks through a city, town or
3village, the person remains in that city, town or village for a period of at least 12
4hours.
AB685, s. 5
5Section
5. 167.10 (4) of the statutes is amended to read:
AB685,3,156
167.10
(4) Out-of-state and in-state shipping. Shipping and transporting. 7This section does not prohibit a resident wholesaler or jobber from selling fireworks
8to a person outside of this state or to a person or group granted a permit under sub.
9(3) (c) 1. to 7. Fireworks that are purchased by a nonresident person from a resident
10wholesaler or jobber for use outside of this state shall be transported by the
11nonresident person or shipped by the wholesaler or jobber to a location outside of this
12state. A resident wholesaler or
resident jobber that ships
the fireworks sold
under
13this subsection by the wholesaler or jobber shall package and ship the fireworks in
14accordance with applicable state and federal law
by, as defined in s. 194.01 (1), (2)
15and (11), common motor carrier, contract motor carrier or private motor carrier.
AB685, s. 6
16Section
6. 167.10 (8) (a) of the statutes is amended to read:
AB685,3,1817
167.10
(8) (a) A city, village or town may petition the circuit court for an order
18enjoining violations of sub. (2)
(am), (3) or (6) or an ordinance adopted under sub. (5).
AB685, s. 7
19Section
7. 167.10 (9) (b) of the statutes is amended to read:
AB685,3,2120
167.10
(9) (b) A person who violates sub. (2)
(am), (3) or (6) or an ordinance
21adopted under sub. (5) shall forfeit not more than $1,000.
AB685,3,2423
(1) This act first applies to actions for violations of section 167.10 of the statutes
24that are pending on the effective date of this subsection.
