AB438: Bill Text

AB438, s. 13 Section 13. 167.10 (3) (f) (intro.) and 4. of the statutes are amended to read:

AB438,9,6 167.10 (3) (f) (intro.) A permit under this subsection par. (a) shall specify all of the following:

AB438,9,8 4. The date and location of permitted use the event at which the fireworks purchased pursuant to the permit will be displayed.

AB438, s. 14 Section 14. 167.10 (3) (g) of the statutes is repealed.

AB438, s. 15 Section 15. 167.10 (3) (h) of the statutes is amended to read:

AB438,9,12 167.10 (3) (h) A permit under this subsection par. (a) may not be issued to a minor.

AB438, s. 16 Section 16. 167.10 (3m) of the statutes is created to read:

AB438,9,17 167.10 (3m) Wholesale licenses; registration of wholesale purchasers. (a) In this subsection, "wholesale" means the sale of fireworks to a fireworks wholesaler who is licensed in this state or to a person who is registered with the department of commerce under par. (c).

AB438,9,19 (b) 1. No person may sell fireworks at wholesale in this state without a fireworks wholesale license from the department of commerce.

AB438,9,23 2. Application for a fireworks wholesale license shall be made upon forms furnished upon request by the department of commerce. The application shall state the applicant's name and business address, a description of the products that are to be sold, and any other relevant information that the department requires.

AB438,9,25 3. A licensed fireworks wholesaler shall maintain a record of each sale of fireworks for 5 years. The record shall include the name, address, and license or registration number of the purchaser, the date of purchase, and the amount and type of fireworks sold to the purchaser.

AB438,10,11 (c) The department of commerce shall promulgate rules governing the licensing of fireworks wholesalers and annual registration of wholesale purchasers. The rules shall require an applicant for registration to provide proof, other than a signed statement, that the person is engaged in the legal retail or wholesale sale of fireworks. The department shall assign a registration number to each person meeting the requirements for registration. The rules shall specify a license and registration fee and enforcement procedures, including license suspension or revocation against a licensee who violates this section or any other state or federal laws or regulations pertaining to fireworks.

AB438, s. 17 Section 17. 167.10 (4) of the statutes is amended to read:

AB438,10,22 167.10 (4) Out-of-state and in-state shipping Shipping by wholesalers. This section does not prohibit a resident wholesaler or jobber from selling fireworks to a person outside of this state or to a person or group granted a permit under sub. (3) (c) 1. to 7. A resident fireworks wholesaler or jobber licensed under sub. (3m) (b) that ships the fireworks sold under this subsection shall package and ship the fireworks in accordance with applicable state and federal law by , and the fireworks shall be transported by common motor carrier, as defined in s. 194.01 (1), (2) and (11), common motor carrier, contract motor carrier or private motor carrier a fireworks wholesaler licensed under sub. (3m) (b), or a wholesale purchaser registered under sub. (3m) (c).

AB438, s. 18 Section 18. 167.10 (7) (title) of the statutes is repealed and recreated to read:

AB438,10,24 167.10 (7) (title) Liability.

AB438, s. 19 Section 19. 167.10 (7) of the statutes is renumbered 167.10 (7) (a).

AB438, s. 20 Section 20. 167.10 (7) (b) of the statutes is created to read:

AB438,11,4 167.10 (7) (b) A person who sells fireworks in violation of sub. (2) may be held liable for any bodily injury to or death of others and for any damage to the property of others that is caused by the use of the fireworks.

AB438, s. 21 Section 21. 167.10 (8) (a) and (b) of the statutes are amended to read:

AB438,11,11 167.10 (8) (a) A city, village or town may petition the circuit court for an order enjoining violations of sub. (2), (3), or (6) or an ordinance adopted under sub. (5) within the municipality. A district attorney of a county where violations of sub. (2), (3), or (6) occur or the attorney general may petition the circuit court for an order enjoining the violations. The district attorney, the corporation counsel, or the attorney general may enforce an order under this subsection.

AB438,11,19 (b) 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) may be seized and held as evidence of the violation. Except as provided in s. 968.20 (4), only the fireworks that are the subject of a violation of this section, an ordinance adopted under sub. (5) or a court order under par. (a) may be destroyed after conviction for a violation. Except as provided in s. 968.20 (4), fireworks that are seized as evidence of a violation for which no conviction results shall be returned to the owner in the same condition as they were when seized to the extent practicable.

AB438, s. 22 Section 22. 167.10 (9) (b) of the statutes is amended to read:

AB438,11,25 167.10 (9) (b) A person who violates sub. (2), (3) or (6) or an ordinance adopted under sub. (5) shall may be required to forfeit not more than $1,000, except that a person who violates sub. (3) or (6) may be fined not more than $10,000 or imprisoned for not more than 9 months or both, for any violation within 3 years of a previous violation.

AB438, s. 23 Section 23. 167.10 (9) (bm) of the statutes is created to read:

AB438,12,3 167.10 (9) (bm) A person who violates sub. (2) may be fined not more than $10,000 or imprisoned for not more than 9 months or both.

AB438, s. 24 Section 24. 167.10 (9) (bs) of the statutes is created to read:

AB438,12,6 167.10 (9) (bs) A person who violates an ordinance adopted under sub. (5) may be required to forfeit not more than $1,000.

AB438, s. 25 Section 25. 167.10 (9) (j) of the statutes is created to read:

AB438,12,10 167.10 (9) (j) It is an affirmative defense to prosecution for a violation of this section that an item which is the subject of the prosecution is not included in the definition of "fireworks" under sub. (1).

AB438,12,11 (End)