LRB-2051/2
MGG:wlj:pg
2005 - 2006 LEGISLATURE
November 17, 2005 - Introduced by Representatives Pettis, Krawczyk,
Gunderson, Gronemus, F. Lasee and Musser, cosponsored by Senators S.
Fitzgerald, Decker, Reynolds, Robson, Hansen, Kedzie and Breske.
Referred to Committee on Tourism.
AB833,1,3
1An Act to amend 167.10 (3) (c) (intro.) and 167.10 (4); and
to repeal and
2recreate 167.10 (3) (c) 6. of the statutes;
relating to: the issuance of permits
3to individuals for the use of fireworks and the sale of fireworks to nonresidents.
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. An 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., 230 Wis. 2d 721, 602 N.W.2d 128 (Ct.
App. 1999), the court of appeals held that this exception only permits a sale to a
person who is physically located outside of this state.
This bill reverses State v. Victory Fireworks, Inc. Under this bill, a resident
wholesaler may sell regulated fireworks to any nonresident person, regardless of the
person's location, for use outside this state, without the nonresident person having
a permit. 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.
Under current law, a fireworks user's permit may be issued only to an entity
such as an amusement park, park board, or a civic organization. A user's permit may
also be issued to any group of individuals. The bill eliminates the requirement that
individuals be in a group and allows a permit to be issued to a single individual.
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:
AB833, s. 1
1Section
1. 167.10 (3) (c) (intro.) of the statutes is amended to read:
AB833,2,32
167.10
(3) (c) (intro.) A permit under this subsection may be issued only to the
3following
persons:
AB833, s. 2
4Section
2. 167.10 (3) (c) 6. of the statutes is repealed and recreated to read:
AB833,2,55
167.10
(3) (c) 6. Any individual or group of individuals.
AB833, s. 3
6Section
3. 167.10 (4) of the statutes is amended to read:
AB833,2,137
167.10
(4) Out-of-state and in-state shipping. This section does not prohibit
8a resident wholesaler or jobber from selling fireworks to a
person outside of this state 9nonresident person or to a person or group granted a permit under sub. (3) (c) 1. to
107. A resident wholesaler or jobber that ships
the fireworks sold under this subsection
11shall package and ship the fireworks in accordance with applicable state and federal
12law by, as defined in s. 194.01 (1), (2) and (11), common motor carrier, contract motor
13carrier or private motor carrier.
