167.31(4)(f)
(f) Subsection (2) (d) does not prohibit a person from possessing a loaded firearm within 50 feet of the center of a roadway if the person does not violate
sub. (2) (b) or
(c).
167.31(4)(g)
(g) A person who is fishing with a bow and arrow may shoot an arrow from a bow within 50 feet of the center of a roadway if the person does not shoot the arrow from the roadway or across a highway.
167.31(4)(h)
(h) Subsection (3m) does not apply to any of the following who discharge a firearm in the direction of a transmission facility:
167.31(4m)
(4m) Rules. The department of natural resources may further restrict hunting from stationary vehicles on county or town highways by promulgating rules designating certain county and town highways, or portions thereof, upon which a holder of a Class A or Class B permit issued under
s. 29.193 (2) may not discharge a firearm or shoot a bolt or an arrow from a bow or crossbow under
sub. (4) (cg). For each restriction of hunting from a county or town highway contained in a rule to be promulgated under this subsection, the department shall submit a specific justification for the restriction with the rule submitted to legislative council staff for review under
s. 227.15 (1).
167.31(5)(a)(a) If a court imposes a fine or forfeiture for a violation of this section, the court shall also impose a weapons surcharge under
ch. 814 equal to 75% of the amount of the fine or forfeiture.
167.31(5)(b)
(b) If a fine or forfeiture is suspended in whole or in part, the weapons surcharge shall be reduced in proportion to the suspension.
167.31(5)(c)
(c) If any deposit is made for an offense to which this subsection applies, the person making the deposit shall also deposit a sufficient amount to include the weapons surcharge under this subsection. If the deposit is forfeited, the amount of the weapons surcharge shall be transmitted to the secretary of administration under
par. (d). If the deposit is returned, the amount of the weapons surcharge shall also be returned.
167.31(5)(d)
(d) The clerk of the circuit court shall collect and transmit to the county treasurer the weapons surcharge as required under
s. 59.40 (2) (m). The county treasurer shall then pay the secretary of administration as provided in
s. 59.25 (3) (f) 2. The secretary of administration shall deposit all amounts received under this paragraph in the conservation fund to be appropriated under
s. 20.370 (3) (mu).
167.31 History
History: 1985 a. 36;
1987 a. 27,
353;
1991 a. 77;
1993 a. 147;
1995 a. 122,
201;
1997 a. 248,
249;
1999 a. 32,
158;
2001 a. 8,
56,
90,
108;
2003 a. 33,
139,
326;
2005 a. 169,
253,
286,
345;
2007 a. 97.
167.31 Cross-reference
Cross Reference: See also ss.
NR 10.001,
10.05, and
10.07, Wis. adm. code.
167.32
167.32
Safety at sporting events. 167.32(1)(a)
(a) "Alcohol beverages" means fermented malt beverages and intoxicating liquor.
167.32(1)(e)
(e) "Passing" includes pushing, pulling, throwing and moving.
167.32(1)(f)
(f) "Sports facility" means a facility where sporting events are held, regardless of whether that is the exclusive use of the facility.
167.32(2)(a)(a) A spectator at a sporting event at a sports facility shall not participate in the process of passing another person above the floor or ground from one location to another.
167.32(2)(b)
(b) Paragraph (a) does not apply to the act of a person moving another person in order to render first aid or otherwise assist or care for that other person.
167.32(3)
(3) Object passing. A spectator at a sporting event at a sports facility shall not participate in the process of passing bleachers, seats or other objects in a manner which threatens the safety of other persons.
167.32(4)(a)(a) A spectator shall not bring alcohol beverages into a sports facility where there is a sporting event at the sports facility.
167.32(4)(b)
(b) A spectator shall not possess or consume alcohol beverages at a sporting event at a sports facility if the alcohol beverages were brought to the facility as specified in
par. (a).
167.32(4)(c)
(c) This subsection does not apply to any vendor or other person who brings alcohol beverages into a sports facility with the authorization of the person in charge of the facility.
167.32(6)
(6) Citation procedure. The state may use the citation procedures under
s. 778.25 to enforce this section. A county or municipality may use the citation procedures under
s. 778.25 to enforce a local ordinance strictly conforming to this section.
167.32 History
History: 1985 a. 254.
167.35
167.35
Fire safety performance standards for cigarettes. 167.35(1)(a)
(a) "Cigarette" means any roll of tobacco wrapped in paper or in any substance other than tobacco.
167.35(1)(b)
(b) "Department" means the department of commerce unless the context requires otherwise.
167.35(1)(f)1.
1. Any person who manufactures or otherwise produces cigarettes anywhere or causes cigarettes to be manufactured or produced anywhere, if the person intends that the cigarettes are to be sold in this state, including cigarettes that are sold in the United States through an importer.
167.35(1)(f)2.
2. The first purchaser anywhere that intends to resell in the United States cigarettes that are manufactured anywhere, if the original manufacturer or producer did not intend that the cigarettes be sold in the United States.
167.35(1)(f)3.
3. Any entity that becomes a successor to a person described in
subd. 1. or a purchaser described in
subd. 2.
167.35(1)(g)
(g) "Repeatability" means the range of values within which the repeat results of cigarette test trials from a single laboratory will fall 95 percent of the time.
167.35(2)
(2) Certification filed by manufacturers. 167.35(2)(a)(a) Each manufacturer that sells or offers to sell cigarettes in this state shall file a written certification with the department, certifying that each type of cigarette listed in the certification has been tested in accordance with
sub. (3) and complies with the applicable fire safety performance standard under
sub. (3).
167.35(2)(b)
(b) For each type of cigarette listed in the certification, all of the following information shall be included in the certification:
167.35(2)(b)1.
1. The brand or trade name that appears on the package.
167.35(2)(b)2.
2. The style of the cigarette, such as light or ultra-light.
167.35(2)(b)7.
7. The type of individual container in which the cigarette is packaged, such as a soft pack or a box.
167.35(2)(b)9.
9. The name, address, and telephone number of the laboratory conducting the testing of the cigarette as required under
sub. (3), if the laboratory is not owned and operated by the manufacturer of the cigarette.
167.35(2)(c)
(c) Upon filing a certification under
par. (a), a manufacturer shall provide a copy of the certification to each distributor, jobber, or direct marketer that purchases from the manufacturer cigarettes that are the subject of the certification. Each manufacturer shall also provide to each distributor, jobber, and direct marketer sufficient copies of an illustration of the package marking required under
sub. (4) to be given to each retailer to whom the distributor, jobber, or direct marketer sells cigarettes.
167.35(2)(d)
(d) Each manufacturer shall file the certification under
par. (a) with the department every 3 years.
167.35(2)(e)
(e) The department shall promptly forward a copy of each certification it receives under
par. (a) to the attorney general.
167.35(2)(f)
(f) Each manufacturer shall pay to the department a fee of $1,000 for each brand family of cigarette listed in each certification filed with the department under
par. (a). The fee shall apply to all cigarettes within the brand family and shall include any new cigarette that is included in the 3-year certification period for which the fee is paid. The manufacturer shall pay the fee upon filing each certification for a new brand family.
167.35(2)(g)
(g) If a manufacturer has certified a type of cigarette pursuant to this subsection, and makes any change after the certification to that type of cigarette that is likely to alter its compliance with the applicable fire safety performance standard, no person may offer for sale or sell that type of cigarette in this state unless the manufacturer retests the cigarette in accordance with the applicable testing method under
sub. (3) (a) or
(d) and maintains the reports of that testing as required under
sub. (3) (f).
167.35(3)
(3) Test methods; performance standards. 167.35(3)(a)(a)
Method of testing. For purposes of this section, testing of cigarettes conducted by a manufacturer or conducted or sponsored by the state shall meet all of the following requirements:
167.35(3)(a)1.
1. The testing shall be conducted in accordance with the standard test method for measuring the ignition strength of cigarettes established by the American Society for Testing and Materials International standard E2187-04. The department may adopt a substitute test method that is different from the standard test method, if the department finds that the substitute test method does not result in a change in the percentage of full-length burns exhibited by any tested cigarette when compared to the percentage of full-length burns the same cigarette would exhibit when tested in accordance with the standard test method.
167.35(3)(a)2.
2. The testing shall be conducted on 10 layers of filter paper.
167.35(3)(a)3.
3. The fire safety performance standard under this subsection shall be applied only to a complete test trial, which shall consist of 40 replicate tests for each cigarette tested.
167.35(3)(a)4.
4. Each laboratory conducting the testing shall implement a quality control and quality assurance program that meets the requirements under
par. (b) and that includes a procedure that will determine the repeatability of the results from the testing. The repeatability value may not be greater than 0.19.
167.35(3)(a)5.
5. Each laboratory conducting the test under this subsection shall be accredited pursuant to the standard ISO/IEC 17025 of the International Organization for Standardization or other comparable accreditation standard required by the department.
167.35(3)(b)
(b)
Quality control and quality assurance program. For purposes of
par. (a) 4., a quality control and quality assurance program shall include a laboratory procedure that ensures all of the following:
167.35(3)(b)1.
1. That operator bias, systematic and nonsystematic methodological errors, and equipment-related problems do not affect the results of the testing.
167.35(3)(b)2.
2. That the testing repeatability remains within the required repeatability value stated in
par. (a) 4. for all of the test trials used to certify cigarettes under
sub. (2).
167.35(3)(c)1.1. A testing of cigarettes does not meet the applicable fire safety performance standard unless no more than 25 percent of the cigarettes tested in a complete test trial under
par. (a) exhibit full-length burns.
167.35(3)(c)2.
2. Each type of cigarette listed in a certification under
sub. (2) that uses lowered permeability bands in the cigarette paper in order to meet the fire safety performance standard under
subd. 1. shall meet one of the following requirements:
167.35(3)(c)2.a.
a. For a cigarette that does not have bands positioned by design, the cigarette shall have at least 2 nominally identical bands on the paper surrounding the tobacco column, at least one of them being a complete band located at least 15 millimeters from the lighting end of the tobacco column.
167.35(3)(c)2.b.
b. For a cigarette that has bands positioned by design, the cigarette shall have at least 2 nominally identical bands on the paper surrounding the tobacco column. At least one of these bands shall fully be located at least 15 millimeters from the lighting end of the tobacco column, and at least one of the remaining bands shall fully be located at least 10 millimeters from the filter end of the tobacco column or at least 10 millimeters from the labeled end of the tobacco column for a nonfiltered cigarette.
167.35(3)(d)
(d)
Alternative test methods and performance standards proposed by manufacturers. 167.35(3)(d)1.1. If the department determines that a type of cigarette cannot be tested in accordance with the test method required under
par. (a), the manufacturer thereof shall propose an alternative test method and alternative fire safety performance standard for approval by the department.
167.35(3)(d)2.
2. If the department determines that the alternative fire safety performance standard proposed under
subd. 1. is equivalent to the applicable fire safety performance standard under
par. (c), the department shall approve the alternative test method and the alternative performance standard for use by the manufacturer.
167.35(3)(e)
(e)
Provisions from other states. In lieu of approving an alternative test method and alternative fire safety performance standard under
par. (d), the department may review the cigarette fire safety requirements enacted or otherwise adopted by another state. The department shall allow a manufacturer to use the results of the other state's alternative test method and alternative performance standard for the purpose of certification under
sub. (2) (a), if the department determines that the safety requirements are comparable to the requirements under this section, that the other state's safety requirements specify the same test method and the same performance standard that are specified in
pars. (a) and
(c), and that the other state has approved an alternative test method and alternative performance standard as meeting the requirements under that state's cigarette fire safety requirements. The department may not require additional testing under this paragraph, unless the department determines that it is not reasonable for the results to be used for this purpose.
167.35(3)(em)
(em)
Additional testing. This subsection does not require additional testing if the cigarettes have been tested for another purpose with methods that are in accordance with the testing methods recognized under this subsection.
167.35(3)(f)1.1. Each manufacturer shall keep reports on all test results on all types of cigarettes that are offered for sale and that are conducted to determine compliance with this section and shall keep copies of these reports for 3 years.
167.35(3)(f)2.
2. Upon written request from the department or the attorney general, a manufacturer shall make copies of the reports under
subd. 1. available to the department or the attorney general within 60 days after receiving the request.
