Amendment SSA2-SB214

SB214-SSA2,30,19 a. "Clerk" means the clerk of the circuit court or, if it has enacted a law or an ordinance in conformity with s. 346.63, the clerk of the court for a federally recognized American Indian tribe or band in this state, a city, a village, or a town.

SB214-SSA2,30,21 b. "Court automated information systems" means the systems under s. 758.19 (4).

SB214-SSA2,31,2 2. The court automated information systems, or the clerk, if the information is not contained in or cannot be transmitted by the court automated information systems, shall immediately notify the department of the name of any individual with respect to whom any of the following occurs and the specific reason for the notification:

SB214-SSA2,31,7 a. The individual is charged with a felony, a misdemeanor crime of violence, a violation of ch. 961, the solicitation, conspiracy, or attempt to commit any violation of ch. 961, a violation of s. 941.20 (1) (b), a violation of sub. (17) (c), (d), or (e), or any other crime that, upon conviction, would disqualify the individual from having a license under this section.

SB214-SSA2,31,8 b. The individual is charged with a drunk driving offense.

SB214-SSA2,31,10 c. The individual is found by a court to have committed any offense described in subd. 2. a. or b.

SB214-SSA2,31,12 d. Prosecution of a felony or a misdemeanor crime of violence for which the individual is charged is suspended under a deferred prosecution agreement.

SB214-SSA2,31,13 e. The individual is found incompetent under s. 971.14.

SB214-SSA2,31,15 f. The individual is found not guilty of any crime by reason of mental disease or mental defect under s. 971.17.

SB214-SSA2,31,17 g. The individual is involuntarily committed for treatment under s. 51.20 or 51.45.

SB214-SSA2,31,18 h. The individual is found incompetent under ch. 880.

SB214-SSA2,31,20 i. The individual becomes subject to an injunction described in s. 941.29 (1) (f) or is ordered not to possess a firearm under s. 813.125 (4m).

SB214-SSA2,31,22 j. A court has prohibited the individual from possessing a dangerous weapon under s. 969.02 (3) (c).

SB214-SSA2,32,3 3. Upon receiving a notice under subd. 2., the department shall immediately determine if the individual who is the subject of the notice is a licensee, using the list maintained under par. (am). If the department determines that the individual is a licensee, the department shall immediately inform the sheriff of the county that issued the license of the individual's name and the basis for the notice under subd. 2.

SB214-SSA2,32,7 (12) Updated information. (a) Within 10 days after being charged under federal law or the law of another state with any crime or any drunk driving offense, a licensee shall notify the sheriff of the county that issued his or her license of the charge.

SB214-SSA2,32,11 (b) No later than 30 days after changing his or her address, a licensee shall inform the sheriff of the county that issued the license of his or her new address. The sheriff shall provide the individual's new address to the department for inclusion in the list under sub. (11) (am).

SB214-SSA2,32,17 (13) Lost or destroyed license. No later than 30 days after losing his or her license document or after his or her license document is destroyed, a licensee shall submit to the sheriff of the county that issued the license a notarized statement that his or her license document has been lost or destroyed. The sheriff shall issue a replacement license document upon receiving the notarized statement and a replacement license fee of $15.

SB214-SSA2,32,20 (14) License revocation and suspension. (a) A sheriff shall revoke a license that his or her county issued under this section if the licensee no longer meets all of the criteria specified in sub. (3) (b) to (g), (i) to (n), or (p) to (s).

SB214-SSA2,32,22 (am) 1. If any of the following occurs with respect to a licensee, the sheriff of the county that issued the license shall suspend the licensee's license:

SB214-SSA2,32,24 a. The licensee is the subject of a pending civil or criminal case, the disposition of which could require revocation of his or her license under par. (a).

SB214-SSA2,33,2 b. A court has prohibited the licensee from possessing a dangerous weapon under s. 969.02 (3) (c).

SB214-SSA2,33,5 2. If the sheriff suspends a license under subd. 1., he or she shall restore the license if, upon disposition of the case, the person to whom the license was issued meets all of the criteria specified in sub. (3).

SB214-SSA2,33,7 (b) 1. If a sheriff revokes or suspends a license under this section, the revocation or suspension shall take effect immediately.

SB214-SSA2,33,13 2. A sheriff who suspends or revokes a license issued under this section shall send the individual whose license has been suspended or revoked notice of the suspension or revocation by certified mail within one day after the suspension or revocation. Within 7 days after receiving the notice, the individual whose license has been suspended or revoked shall deliver the license document personally or by certified mail to the sheriff.

SB214-SSA2,33,17 (14m) Appeals. (a) A person aggrieved by any action by a sheriff denying an application for a license or suspending or revoking a license under this section may appeal directly to the circuit court of the sheriff's county or, if applicable, to the circuit court of the county of issuance designated under sub. (2) (c).

SB214-SSA2,33,25 (b) To begin an appeal under this subsection, the aggrieved person shall file a petition for review with the clerk of the applicable circuit court within 30 days after the date of the sheriff's action or, if applicable, within 30 days after the date of the notice provided to the person under sub. (9) (b) 2. The petition shall state the substance of the sheriff's action that the person is appealing from and the grounds upon which the person believes the sheriff's action to be improper. The petition may include a copy of any records or documents that are relevant to the grounds upon which the person believes the sheriff's action to be improper.

SB214-SSA2,34,3 (c) A copy of the petition shall be served upon the sheriff either personally or by registered or certified mail within 5 days after the person files his or her petition under par. (b).

SB214-SSA2,34,7 (d) The sheriff shall file an answer within 15 days after being served with the petition under par. (c). The answer shall include a brief statement of the actions taken by the sheriff, and a copy of any documents or records on which the sheriff based his or her action shall be included with the answer when filed.

SB214-SSA2,34,13 (e) The court shall review the petition, the answer, and any records or documents submitted with the petition or the answer. The review under this paragraph shall be conducted by the court without a jury and shall be confined to the petition, the answer, and any records or documents submitted with the petition or the answer, except that in cases of alleged irregularities in procedure by the sheriff the court may take testimony that the court determines is appropriate.

SB214-SSA2,34,15 (f) The court shall affirm the sheriff's action unless the court finds any of the following:

SB214-SSA2,34,16 1. That the sheriff failed to follow procedure prescribed under this section.

SB214-SSA2,34,18 2. That the sheriff erroneously interpreted a provision of law and a correct interpretation compels a different action.

SB214-SSA2,34,20 3. That the sheriff's action depends on a finding of fact that is not supported by substantial evidence in the record.

SB214-SSA2,34,22 (g) The court's decision shall provide whatever relief is appropriate regardless of the original form of the petition.

SB214-SSA2,35,2 (15) License expiration and renewal. (a) Except as provided in sub. (9r) (b) 1., a license issued under this section is valid for a period of 5 years from the date on which the license is issued unless the license is suspended or revoked under sub. (9g) (e) 1. or (14).

SB214-SSA2,35,8 (b) The department shall design a form notice of expiration and shall distribute the form to any sheriff who issues licenses under sub. (2) (a) or (c) for use under this paragraph. At least 90 days before the expiration date of a license issued under this section, the sheriff who issued the license shall mail to the licensee a notice of expiration and a form for renewing the license. The sheriff shall renew the license if, before the date the license expires, the licensee does all of the following:

SB214-SSA2,35,9 1. Submits a renewal application on the form provided by the sheriff.

SB214-SSA2,35,12 2. Submits a notarized affidavit swearing under oath that the information provided under subd. 1. is true and complete to the best of his or her knowledge and that he or she is qualified under sub. (3).

SB214-SSA2,35,13 4. Pays all of the following:

SB214-SSA2,35,16 a. A fee set by the sheriff that does not exceed either the cost to the sheriff of renewing a license issued under this section, including the cost of equipment purchase or rental, or $75, whichever is less.

SB214-SSA2,35,17 b. The fee for a background check specified in sub. (9g) (c).

SB214-SSA2,35,18 c. A shooting range improvement fee of $15.

SB214-SSA2,35,19 d. A law enforcement excellence fund fee of $15.

SB214-SSA2,35,22 (c) The sheriff shall request that the department conduct a background check of a licensee as provided under sub. (9g) before renewing the licensee's license under par. (b).

SB214-SSA2,36,2 (d) If an individual whose license has expired does not submit a renewal application under par. (b) before 6 months after the expiration date, the license shall permanently expire. An individual whose license has permanently expired may be issued a new license if he or she applies for a license under sub. (7).

SB214-SSA2,36,7 (15m) Private employer restrictions. (a) Except as provided in par. (b), a private employer may prohibit a licensee or an out-of-state licensee that it employs from carrying a concealed weapon or a particular type of concealed weapon in the course of the licensee's or out-of-state licensee's employment or during any part of the licensee's or out-of-state licensee's course of employment.

SB214-SSA2,36,11 (b) A private employer may not prohibit a licensee or an out-of-state licensee, as a condition of employment, from carrying a concealed weapon or a particular type of concealed weapon in the licensee's or out-of-state licensee's own motor vehicle, regardless of whether the motor vehicle is used in the course of employment.

SB214-SSA2,36,13 (16) Prohibited activity. (a) Neither a licensee nor an out-of-state licensee may knowingly carry a concealed weapon in any of the following places:

SB214-SSA2,36,14 1. A place that has been declared a nuisance under ch. 823.

SB214-SSA2,36,18 2. A police station, sheriff's office, or state patrol station. This subdivision does not prohibit a peace officer who is acting within the scope of his or her employment from carrying a concealed weapon in a police station, sheriff's office, or state patrol station.

SB214-SSA2,36,19 3. A prison, jail, house of correction, or secured correctional facility.

SB214-SSA2,36,23 4. A courthouse, except that a judge who is a licensee may carry a concealed weapon in a courthouse in which he or she is presiding in court and may permit in writing any other licensee or out-of-state licensee to carry a concealed weapon in a courthouse in which he or she is presiding in court.

SB214-SSA2,37,3 5. A place at which a school, college, or professional athletic event is taking place, unless the event is related to firearms and the licensee or out-of-state licensee is a participant in the event.

SB214-SSA2,37,4 6. A school administration building.

SB214-SSA2,37,6 7. Any premises for which a Class "B" or "Class B" license or permit has been issued under ch. 125, unless one of the following applies:

SB214-SSA2,37,8 a. The licensee or the out-of-state licensee is a person described in s. 941.237 (3) (a), (b), (c), (cm), or (d).

SB214-SSA2,37,10 b. If the licensee or the out-of-state licensee is carrying a handgun, his or her possession of the handgun is described in s. 941.237 (3) (e), (f), (g), (h), (i), or (j).

SB214-SSA2,37,13 c. The sale of intoxicating liquors or fermented malt beverages or both on those premises accounts for not more than 50% of the proprietor's receipts from those premises.

SB214-SSA2,37,15 8. An airport, unless the weapon is encased for shipment as baggage to be transported by aircraft.

SB214-SSA2,37,16 9. A place in which carrying the weapon is prohibited by federal law.

SB214-SSA2,37,18 10. A building or part of a building used for religious worship or another religious purpose.

SB214-SSA2,37,19 11. A building or part of a building that is used to provide child care services.

SB214-SSA2,37,22 12. A building or part of a building that is used for a domestic violence victim services program or by an organization that provides a safe haven for victims of domestic violence.

SB214-SSA2,37,23 13. A facility licensed as a hospital, as defined in s. 50.33 (2).

SB214-SSA2,37,25 14. A building located on the campus of a private or public university, college, or technical college.

SB214-SSA2,38,2 15. A building or part of a building used for instructional purposes by a private or public university, college, or technical college.

SB214-SSA2,38,5 (am) Notwithstanding par. (a) 10., 11., 12., and 13., the owner or authorized representative may permit a licensee or out-of-state licensee to carry a concealed weapon in any of the places mentioned in par. (a) 10., 11., 12., or 13.

SB214-SSA2,38,9 (b) Neither a licensee nor an out-of-state licensee may knowingly carry a handgun in a school zone, as defined in s. 948.605 (1) (c), unless he or she is not in or on the grounds of a school, as defined in s. 948.61 (1) (b), and one of the following applies:

SB214-SSA2,38,10 1. The individual is in a motor vehicle or on a snowmobile or bicycle.

SB214-SSA2,38,12 2. The individual has exited a motor vehicle and is encasing the handgun or storing it in the motor vehicle.

SB214-SSA2,38,15 3. The individual is traveling directly to any person's private property from his or her place of employment or business, from any person's private property, or from a place outside of the school zone.

SB214-SSA2,38,18 4. The individual is traveling directly to his or her place of employment or business from another place of his or her employment or business, from any person's private property, or from a place outside of the school zone.

SB214-SSA2,38,21 5. The individual is traveling directly to a place outside of the school zone from another place outside of the school zone, from any individual's private property, or from his or her place of employment or business.

SB214-SSA2,38,22 6. The individual's possession of the handgun is described in s. 948.605 (2) (b).

SB214-SSA2,38,25 (c) Neither a licensee nor an out-of-state licensee may carry a weapon other than a handgun on school premises, as defined in s. 948.61 (1) (c), unless he or she is a person described in or a person whose conduct is described in s. 948.61 (3).

SB214-SSA2,39,2 (cm) 1. A person may not carry a concealed weapon if any of the following applies:

SB214-SSA2,39,3 a. The person's alcohol concentration exceeds 0.08.

SB214-SSA2,39,5 b. The person is under the influence of an intoxicant to a degree which materially impairs his or her ability to handle the weapon.

SB214-SSA2,39,10 2. A person may be charged with and a prosecutor may proceed upon a complaint based upon a violation of subd. 1. a. or b. or both for acts arising out of the same incident or occurrence. If the person is charged with violating both subd. 1. a. and b., the offenses shall be joined. Subdivision 1. a. and b. each requires proof of a fact for conviction which the other does not require.

SB214-SSA2,39,11 (d) This subsection does not apply to a peace officer, as defined in s. 939.22 (22).

SB214-SSA2,39,13 (17) Penalties. (a) Any person who violates sub. (2g) (b) or (c) may be required to forfeit not more than $25.

SB214-SSA2,39,15 (b) Any person who violates sub. (2k) (e) or (16) may be fined not more than $1,000 or imprisoned for not more than 90 days or both.

SB214-SSA2,39,19 (c) Any person who intentionally falsely swears under sub. (6) or (15) (b) 2. or who intentionally makes a false statement to a sheriff in requesting or in connection with the issuance of an emergency license under sub. (9r) shall be fined not less than $500 nor more than $10,000 and may be imprisoned for not more than 9 months.

SB214-SSA2,39,21 (d) Any person who intentionally violates sub. (12) (a) shall be fined not less than $500 nor more than $10,000 and may be imprisoned for not more than 9 months.

SB214-SSA2,39,25 (e) Any person required under sub. (14) (b) 2. to relinquish or deliver a license document to a sheriff who intentionally violates the requirements of that subdivision shall be fined not less than $500 nor more than $10,000 and may be imprisoned for not more than 9 months.

SB214-SSA2,40,3 (18) Access to records. Records created or kept under this section by the department or a sheriff, other than reports created under sub. (19) or records created under sub. (20), are not subject to access under s. 19.35.

SB214-SSA2,40,11 (19) Statistical report. (a) By February 1 of each year, a sheriff who is issuing or renewing licenses under this section shall submit a statistical report to the department indicating the number of licenses applied for, issued, denied, suspended, and revoked under this section during the previous calendar year. For the licenses denied, the report shall indicate the reasons for the denials and the part of the application process during which the reasons for denial were discovered. For the licenses suspended or revoked, the report shall indicate the reasons for the suspensions and revocations.

SB214-SSA2,40,19 (b) By March 1 of each year, the department shall submit a statistical report to the legislature under s. 13.172 (2) and to the governor that is compiled from the reports submitted under par. (a) and that indicates the number of licenses applied for, issued, denied, suspended, and revoked under this section during the previous calendar year. For the licenses denied, the report shall indicate the reasons for the denials and the part of the application process in which the reasons for denial were discovered. For the licenses suspended or revoked, the report shall indicate the reasons for the suspensions and revocations.

SB214-SSA2,40,25 (20) Law enforcement excellence fund. (a) If a county's sheriff issues licenses under sub. (2) (a) or is party to an agreement under sub. (2) (c), the county board shall establish a law enforcement excellence fund. All money received by a sheriff from payments made under subs. (7) (bt) and (15) (b) 4. d. shall be deposited in accordance with s. 59.25 (3) (u) 4. in the law enforcement excellence fund established under this subsection.