LRB-2298/1
RJM:kmg:rs
2003 - 2004 LEGISLATURE
March 18, 2003 - Introduced by Joint Legislative Council. Referred to
Committee on Judiciary, Corrections and Privacy.
SB75,1,3
1An Act to create 167.10 (7m) of the statutes;
relating to: creating a civil liability
2exemption for certain municipalities and their agents that issue fireworks
3permits.
Analysis by the Legislative Reference Bureau
Under this bill, a city, village, or town, or committee, official, or employee of a
city, village, or town, may not be held civilly liable for damage to any person or
property caused by fireworks by reason of issuing a fireworks permit in accordance
with statutory and local requirements.
This bill is further explained in the Prefatory note provided by the Joint
Legislative Council in the bill.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
Joint Legislative Council prefatory note: This bill was prepared for the Joint
Legislative Council's Special Committee on Review of Fireworks Law. Current law
generally prohibits the sale of fireworks and the possession of fireworks with the intent
to sell them. The exceptions are that fireworks may be sold to a person holding a valid
user's permit, to a city, village, or town, or for certain specified purposes such as in a
manufacturing process. The law authorizes a city, village, or town to issue a user's permit
if certain requirements are met. Current law also generally limits local government
liability for damages, injury, or death to $50,000. [See s. 893.80 (3).] The bill provides that
no city, village, or town, or committee, official, or employee of a city, village, or town, is
civilly liable for damage to any person or property caused by fireworks by reason of
issuing a permit, in accordance with applicable legal requirements, that authorized the
purchase, possession, or use of the fireworks.
SB75, s. 1
1Section
1. 167.10 (7m) of the statutes is created to read:
SB75,2,62
167.10
(7m) Municipal liability. No city, village, or town, or committee,
3official, or employee of a city, village, or town, is civilly liable for damage to any person
4or property caused by fireworks by reason of issuing a permit in accordance with the
5requirements of sub. (3) and any applicable requirements authorized under sub. (5),
6that authorized the purchase, possession, or use of the fireworks.
