LRB-3321/1
ISR:cjs:jf
1999 - 2000 LEGISLATURE
November 18, 1999 - Introduced by Representatives Sykora, Kelso, La Fave,
Kreibich, Musser and
Petrowski, cosponsored by Senators Risser, Darling
and Cowles. Referred to Committee on Highway Safety.
AB591,1,3
1An Act to amend 110.07 (1) (a) 1., 110.07 (1) (a) 3. and 110.07 (1) (b); and
to
2create 345.11 (1t) and 345.20 (2) (h) of the statutes;
relating to: enforcement
3by the state traffic patrol of restrictions on the possession and use of fireworks.
Analysis by the Legislative Reference Bureau
Current law grants state traffic patrol officers specific power and duties,
including the enforcement of state traffic laws, the enforcement of the conditions
placed on the possession and transport of a firearm, bow or crossbow and the
enforcement of the prohibition against littering on a highway.
Current law also prohibits a person from possessing or using fireworks without
a permit unless certain conditions apply. A person who uses or possesses fireworks
without a permit is subject to a fine of not more than $1000.
This bill expands the powers and duties of state traffic patrol officers to include
the enforcement of the permit requirement for the possession and use of fireworks
where applicable to highways. In exercising this new power and duty, state traffic
patrol officers may issue uniform traffic citations for violations of the permit
requirement. This bill also prohibits a court from forwarding records of convictions
for violations of the permit requirement to the department of transportation (DOT)
and prohibits DOT from assessing persons demerit points for the convictions.
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:
AB591, s. 1
1Section
1. 110.07 (1) (a) 1. of the statutes is amended to read:
AB591,2,52
110.07
(1) (a) 1. Enforce and assist in the administration of this chapter and
3chs. 166, 194, 218, 341 to 349 and 351, and ss. 23.33, 125.07 (4) (b), 125.085 (3) (b),
4167.10 (3) (a), 167.31 (2) (b) to (d) and 287.81 and ch. 350 where applicable to
5highways, or orders or rules issued pursuant thereto.
AB591, s. 2
6Section
2. 110.07 (1) (a) 3. of the statutes is amended to read:
AB591,2,117
110.07
(1) (a) 3. Have authority to enter any place where vehicles subject to this
8chapter, ss.
167.10 (3) (a), 167.31 (2) (b) to (d) and 287.81 and chs. 194, 218 and 341
9to 350 are stored or parked at any time to examine such vehicles, or to stop such
10vehicles while en route at any time upon the public highways to examine the same
11and make arrests for all violations thereof.
AB591, s. 3
12Section
3. 110.07 (1) (b) of the statutes is amended to read:
AB591,2,1713
110.07
(1) (b) All municipal judges, judges, district attorneys and law
14enforcement officers shall assist in enforcing this chapter, ss.
167.10 (3) (a), 167.31
15(2) (b) to (d) and 287.81 and chs. 194, 218 and 341 to 351, and orders or rules issued
16pursuant thereto and shall report to the department the disposition of every uniform
17traffic citation issued for cases involving those chapters.
AB591, s. 4
18Section
4. 345.11 (1t) of the statutes is created to read:
AB591,2,2119
345.11
(1t) The uniform traffic citation may be used by a traffic officer
20employed under s. 110.07 for a violation of s. 167.10 (3) (a) when committed on a
21highway.
AB591, s. 5
1Section
5. 345.20 (2) (h) of the statutes is created to read:
AB591,3,52
345.20
(2) (h) Sections 23.50 to 23.85 apply to actions in circuit court to recover
3forfeitures for violations of s. 167.10 (3) (a). No demerit points may be assessed under
4s. 343. 32 (2) for a conviction of a violation of s. 167.10 (3) (a). No report of conviction
5of a violation of s. 167.10 (3) (a) may be forwarded to the department.
