Current law also grants state traffic patrol officers specific power and duties,
including the enforcement of state traffic laws, enforcement of the conditions placed
on the possession and transport of a firearm, bow, or crossbow, and enforcement of
the prohibition against littering on a highway. 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 a record of conviction for violation of the permit requirement
to the department of transportation (DOT) and prohibits DOT from assessing any
demerit points against the person's driving record for the conviction.
This bill also reverses State v. Victory Fireworks, Inc. Under this bill, a resident
wholesaler may sell regulated fireworks to any nonresident person if the nonresident
person gives the wholesaler a signed statement indicating that the fireworks are for
use outside of this state. The bill authorizes a nonresident person to transport
fireworks to an out-of-state location and to stop in any city, town, or village for up
to 12 hours while en route to the out-of-state destination. This authorization is
similar to an authorization in current law that applies to a person who is
transporting fireworks to a permitted location within this state. Under the bill, 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.
In addition, this bill clarifies that a person who intends to lawfully sell
regulated fireworks may possess the fireworks without first obtaining a fireworks
permit. The bill also deletes the authority for the seizure of fireworks that are
possessed or used in violation of the fireworks laws or a fireworks ordinance, unless
the violation is subject to criminal penalties under the fireworks laws. The bill
retains the authority to seize fireworks that are possessed or used in violation of
certain court orders.
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:
AB362, s. 1
1Section
1. 110.07 (1) (a) 1. of the statutes is amended to read:
AB362,3,22
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),
1167.10 (3) (a), 167.31 (2) (b) to (d)
, and 287.81 and ch. 350 where applicable to
2highways, or orders or rules issued pursuant thereto.
AB362, s. 2
3Section
2. 110.07 (1) (b) of the statutes is amended to read:
AB362,3,84
110.07
(1) (b) All municipal judges, judges, district attorneys
, and law
5enforcement officers shall assist in enforcing this chapter, ss.
167.10 (3) (a), 167.31
6(2) (b) to (d)
, and 287.81 and chs. 194, 218
, and 341 to 351, and orders or rules issued
7pursuant thereto and shall report to the department the disposition of every uniform
8traffic citation issued for cases involving those chapters.
AB362, s. 3
9Section
3. 167.10 (2) (intro.) of the statutes is amended to read:
AB362,3,1110
167.10
(2) Sale. (intro.) No person may sell
or possess with intent to sell 11fireworks, except
to any of the following:
AB362,3,1212
(a)
To a A person holding a permit under sub. (3) (c)
;.
AB362,3,1313
(b)
To a A city, village
, or town
; or.
AB362,3,1414
(c)
For A person for a purpose specified under sub. (3) (b) 2. to 6.
AB362, s. 4
15Section
4. 167.10 (2) (d) of the statutes is created to read:
AB362,3,1716
167.10
(2) (d) A nonresident person who, prior to the sale, gives the seller a
17signed statement indicating that the fireworks are for use outside of this state.
AB362, s. 5
18Section
5. 167.10 (3) (title) of the statutes is repealed and recreated to read:
AB362,3,1919
167.10
(3) (title)
Possession and use.
AB362, s. 6
20Section
6. 167.10 (3) (a) of the statutes is amended to read:
AB362,4,421
167.10
(3) (a)
No Except as otherwise provided in this paragraph, no person
22may possess or use fireworks without a user's permit from the mayor of the city,
23president of the village
, or chairperson of the town in which the possession or use is
24to occur or from an official or employee of that municipality designated by the mayor,
25president, or chairperson.
This paragraph does not prohibit the possession of
1fireworks with intent to sell the fireworks in compliance with sub. (2). No person may
2use fireworks or a device listed under sub. (1) (e) to (g) or (i) to (n) while attending
3a fireworks display for which a permit has been issued to a person listed under par.
4(c) 1. to 5. or under par. (c) 6. if the display is open to the general public.
AB362, s. 7
5Section
7. 167.10 (3) (b) (intro.) of the statutes is amended to read:
AB362,4,76
167.10
(3) (b) (intro.)
Paragraph (a) does The prohibitions under par. (a) do not
7apply to:
AB362, s. 8
8Section
8. 167.10 (3) (b) 8. of the statutes is created to read:
AB362,4,129
167.10
(3) (b) 8. Except as provided in par. (bm), the possession of fireworks by
10a nonresident person in any city, town, or village if the nonresident person intends
11to use the fireworks outside of this state and is transporting the fireworks to a
12location outside of this state.
AB362, s. 9
13Section
9. 167.10 (3) (bm) of the statutes is amended to read:
AB362,4,1714
167.10
(3) (bm) Paragraph (a) applies to a person transporting fireworks under
15par. (b) 7.
or 8. if, in the course of transporting the fireworks through a city, town
, or
16village, the person remains in that city, town
, or village for a period of at least 12
17hours.
AB362, s. 10
18Section
10. 167.10 (4) of the statutes is amended to read:
AB362,4,2519
167.10
(4) Out-of-state and in-state shipping. Shipping and transporting. 20This section does not prohibit a resident wholesaler or jobber from selling fireworks
21to a
nonresident person
outside of this state or to a person or group granted a permit
22under sub. (3) (c) 1. to 7. A resident wholesaler or
resident jobber that ships the
23fireworks sold under this subsection shall package and ship the fireworks in
24accordance with applicable state and federal law by, as defined in s. 194.01 (1), (2)
, 25and (11), common motor carrier, contract motor carrier
, or private motor carrier.
AB362, s. 11
1Section
11. 167.10 (8) (b) of the statutes is amended to read:
AB362,5,102
167.10
(8) (b) Fireworks stored, handled, sold, possessed
, or used by a person
3who violates
this section, an ordinance adopted under sub. (5) sub. (6m) (a), (b), or
4(c); a rule promulgated under sub. (6m) (e); or a court order under par. (a) may be
5seized and held as evidence of the violation. Except as provided in s. 968.20 (4), only
6the fireworks that are the subject of a violation of this section, an ordinance adopted
7under sub. (5)
, or a court order under par. (a) may be destroyed after conviction for
8a violation. Except as provided in s. 968.20 (4), fireworks that are seized as evidence
9of a violation for which no conviction results shall be returned to the owner in the
10same condition as they were when seized to the extent practicable.
AB362, s. 12
11Section
12. 345.11 (1t) of the statutes is created to read:
AB362,5,1412
345.11
(1t) The uniform traffic citation may be used by a traffic officer
13employed under s. 110.07 for a violation of s. 167.10 (3) (a) when committed on a
14highway.
AB362, s. 13
15Section
13. 345.20 (2) (h) of the statutes is created to read:
AB362,5,2016
345.20
(2) (h) Sections 23.50 to 23.85 apply to actions in circuit court to recover
17forfeitures for violations of s. 167.10 (3) (a). No demerit points may be assessed
18against the driving record of a person convicted of a violation of s. 167.10 (3) (a). No
19report of conviction of a violation of s. 167.10 (3) (a) may be forwarded to the
20department.
