Amendment SSA2-SB403

SB403-SSA2,31,3 (9) Processing of application. (a) Upon receiving an application submitted under sub. (7), the department shall conduct a background check, as provided under sub. (9g).

SB403-SSA2,31,5 (b) Subject to par. (c), within 21 days after receiving an application under sub. (7), the department shall do one of the following:

SB403-SSA2,31,7 1. Issue the license and promptly send the licensee his or her license document by 1st class mail.

SB403-SSA2,31,11 2. Deny the application, but only if the applicant fails to qualify under the criteria specified in sub. (3). If the department denies the application, the department shall inform the applicant in writing, stating the reason and factual basis for the denial to the extent permitted under federal law.

SB403-SSA2,31,13 (c) The time period specified in par. (b) (intro.) is tolled during the pendency of any action brought under sub. (10m).

SB403-SSA2,31,15 (9g) Background checks. (b) The department shall conduct a background check regarding an applicant for a license using the following procedure:

SB403-SSA2,31,17 1. The department shall create a confirmation number associated with the applicant.

SB403-SSA2,31,19 2. The department shall use the transaction information for management of enforcement system and the national crime information center system.

SB403-SSA2,31,20 3. As soon as practicable, the department shall do the following:

SB403-SSA2,31,23 a. If the background check indicates that the applicant does not qualify for a license under sub. (3) (c), (d), (e), (f), (g), (i), (im), (j), (k), (L), (m), (mm), (n), (o), or (r), create a unique nonapproval number for the applicant.

SB403-SSA2,32,3 b. If the completed background check does not indicate that the applicant is disqualified for a license under sub. (3) (c), (d), (e), (f), (g), (i), (im), (j), (k), (L), (m), (mm), (n), (o), or (r), create a unique approval number for the applicant.

SB403-SSA2,32,8 c. If the background check indicates that the applicant was the subject of a relevant criminal charge for which there is no recorded disposition or if, in the case of a misdemeanor delinquency adjudication, the background check does not indicate how long the resultant dispositional order was in effect, make all reasonable efforts to obtain the missing information.

SB403-SSA2,32,11 (c) The department shall conduct the background check under par. (b) immediately if the background check is for an applicant for an emergency license under sub. (9r).

SB403-SSA2,32,14 (d) The department shall maintain the record of all completed application forms and a record of all approval or nonapproval numbers regarding background checks under this subsection.

SB403-SSA2,32,18 (e) 1. The department shall check each application form. If the department provided a unique approval number regarding the request, the department shall, except as provided in subd. 2., destroy all records regarding that background check within 30 days after receiving the form.

SB403-SSA2,32,23 2. The department may maintain records necessary to administer this subsection and, for a period of not more than 15 months after the department issues a unique approval number, a log of dates of background checks under this subsection together with unique approval and nonapproval numbers corresponding to those dates.

SB403-SSA2,33,3 (f) The department shall promulgate rules authorizing it to obtain records necessary to determine an applicant's eligibility under sub. (3) (e), (g) 1., (i), (im), and (j) for a license issued under this section.

SB403-SSA2,33,15 (9r) Emergency license. (a) Unless the department knows that the person is not qualified for a license under sub. (3) (a) to (g) or (i) to (s), the department shall issue a license under this section to an individual who does not satisfy the requirements under sub. (3) (h) 1. if the department determines that immediate licensure is warranted to protect the individual from death or great bodily harm, as defined in s. 939.22 (14). If the individual has obtained a temporary restraining order or injunction under s. 813.12 or 813.125 or a foreign protection order that meets the requirements of s. 806.247 (2) and that has the same effect as an order issued under s. 813.12 or 813.125, the department shall presume that immediate licensure is warranted to protect the individual from death or great bodily harm. If the department issues a license under this paragraph it shall conduct an immediate background check under sub. (9g).

SB403-SSA2,33,17 (b) 1. Except as provided in subd. 2. and par. (d), a license issued under par. (a) is valid for 120 days from the date on which it is issued and may not be renewed.

SB403-SSA2,33,21 2. If the department learns that an individual to whom the department has issued a license under par. (a) does not qualify for a license under sub. (3) (c), (d), (e), (f), (g), (i), (im), (j), (k), (L), (m), (mm), (n), (o), or (r), the department shall revoke the license.

SB403-SSA2,34,3 (c) The department may waive the fees that would otherwise be required under sub. (7) (bd), (bh), and (bp) for an individual who is applying for a license under par. (a) if requiring the individual to pay the fees would create a hardship for the individual. The department shall promulgate rules specifying the procedures and definitions to apply when determining whether an individual is eligible for a waiver of the fees for an emergency license under this section as provided under this paragraph.

SB403-SSA2,34,7 (d) A person who has been issued a license under par. (a) may obtain a license under sub. (2) if he or she meets the qualifications specified under sub. (3) and completes the application process specified in sub. (7). A license issued to a person under par. (a) is void if the person is issued a license under sub. (2).

SB403-SSA2,34,10 (10) Exemption from background check. Notwithstanding subs. (9) (a) and (15) (c), the department shall issue or renew a license under this section to any of the following individuals without requesting a background check:

SB403-SSA2,34,11 (a) A law enforcement officer.

SB403-SSA2,34,12 (b) A correctional officer.

SB403-SSA2,34,13 (c) A probation, parole, and extended supervision agent.

SB403-SSA2,34,15 (d) A person who holds a current certification from the law enforcement standards board under s. 165.85 (3) (c).

SB403-SSA2,34,24 (10m) Disqualification petition regarding certain misdemeanants. (a) If the department receives an application for a license under this section from a person who has committed a misdemeanor crime of violence and the person is eligible for a license under sub. (3) (m), the department may file a petition under this subsection asking the circuit court to enter an order barring the person from receiving a license. The department may only file such a petition if the petition alleges that, based on the person's commission of one or more misdemeanor crimes of violence, the person would pose a substantial risk to others if the person were issued a license under this section.

SB403-SSA2,35,5 (b) The department shall file any such petition in the circuit court of the person's county of residence. The department may not file the petition more than 30 days after receiving the person's completed application, unless the person was issued a license under sub. (9r). The court shall allow the person 30 days to file an answer to the petition. The court may hold an evidentiary hearing on the petition.

SB403-SSA2,35,9 (c) If the court determines, by clear and convincing evidence, that the person would pose a substantial risk to others if the person were issued a license under this section, the court shall enter an order prohibiting the person from obtaining a license under this section.

SB403-SSA2,35,11 (d) If the court denies the department's petition, the court shall award the person costs and reasonable attorney fees.

SB403-SSA2,35,12 (e) The court shall expedite any proceeding brought under this subsection.

SB403-SSA2,35,13 (11) Updated information. (a) 1. In this paragraph:

SB403-SSA2,35,16 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.

SB403-SSA2,35,18 b. "Court automated information systems" means the systems under s. 758.19 (4).

SB403-SSA2,35,23 2. The court automated information systems, or the clerk or register in probate, if the information is not contained in or cannot be transmitted by the court automated information systems, shall promptly 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:

SB403-SSA2,36,3 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.

SB403-SSA2,36,4 b. The individual is charged with a drunk driving offense.

SB403-SSA2,36,6 c. The individual is found by a court to have committed any offense described in subd. 2. a. or b.

SB403-SSA2,36,8 d. Prosecution of a felony or a misdemeanor crime of violence for which the individual is charged is suspended under a deferred prosecution agreement.

SB403-SSA2,36,9 e. The individual is found incompetent under s. 971.14.

SB403-SSA2,36,11 f. The individual is found not guilty of any crime by reason of mental disease or mental defect under s. 971.17.

SB403-SSA2,36,13 g. The individual is involuntarily committed for treatment under s. 51.20 or 51.45.

SB403-SSA2,36,14 h. The individual is found incompetent under ch. 880.

SB403-SSA2,36,16 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).

SB403-SSA2,36,18 j. A court has prohibited the individual from possessing a dangerous weapon under s. 969.02 (3) (c).

SB403-SSA2,36,21 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 sub. (12) (a).

SB403-SSA2,36,24 (b) 1. 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 department of the charge.

SB403-SSA2,37,3 2. No later than 30 days after changing his or her address, a licensee shall inform the department of his or her new address. The department shall include the individual's new address in the list under sub. (12) (a).

SB403-SSA2,37,11 (12) Maintenance, use, and publication of records by the department. (a) The department shall maintain a computerized record listing the names and the information specified in sub. (2m) (b) of all individuals who have been issued a license under this section. Except as provided in par. (b) 1. and subject to par. (b) 2., neither the department nor any employee of the department may store, maintain, format, sort, or access the information in any way other than by the names, dates of birth, or sex of licensees or by the identification numbers assigned to licensees under sub. (2m) (b) 6.

SB403-SSA2,37,14 (b) 1. A law enforcement officer who is employed by the department may obtain information regarding a licensee from the department of transportation under s. 341.175 (4).

SB403-SSA2,37,17 2. A law enforcement officer who is employed by the department may not request or be provided information maintained by the department under par. (a) concerning a specific licensee except for one of the following purposes:

SB403-SSA2,37,19 a. To confirm that a license produced by an individual at the request of a law enforcement officer is valid.

SB403-SSA2,37,22 b. To confirm that an individual holds a valid license under this section, if the individual is going armed with a concealed weapon but is not carrying his or her license document and claims to hold a valid license issued under this section.

SB403-SSA2,38,2 c. To investigate whether an individual submitted an intentionally false notarized statement under sub. (7) (b) or (15) (b) 2., intentionally violated sub. (11) (b) 1., or intentionally made a false statement to the department in connection with the individual's request for an emergency license under sub. (9r).

SB403-SSA2,38,4 d. To investigate whether an individual complied with sub. (11) (b) 1. or (14) (b) 2.

SB403-SSA2,38,9 (c) Notwithstanding s. 19.35, neither the department nor any department employee may make information obtained under this section available to the public except in the context of a prosecution for an offense in which the person's status as a licensee is relevant, in the context of a proceeding under sub. (10m), or through a report created under sub. (19).

SB403-SSA2,38,13 (12g) Providing licensee information to law enforcement agencies. (a) The department shall provide information concerning a specific licensee to a law enforcement agency, but only if the law enforcement agency is requesting the information for any of the following purposes:

SB403-SSA2,38,15 1. To confirm that a license produced by an individual at the request of a law enforcement officer is valid.

SB403-SSA2,38,18 2. To confirm that an individual holds a valid license under this section, if the individual is going armed with a concealed weapon but is not carrying his or her license document and claims to hold a valid license issued under this section.

SB403-SSA2,38,22 3. To investigate whether an individual submitted an intentionally false notarized statement under sub. (7) (b) or (15) (b) 2., intentionally violated sub. (11) (b) 1., or intentionally made a false statement to the department in connection with the individual's request for an emergency license under sub. (9r).

SB403-SSA2,39,2 (b) 1. Notwithstanding s. 19.35, neither a law enforcement agency nor any of its employees may make information regarding an individual that was obtained from the department under this subsection or from the department of transportation under s. 341.175 available to the public except in the context of a prosecution for an offense in which the person's status as a licensee is relevant.

SB403-SSA2,39,6 2. Neither a law enforcement agency nor any of its employees may store or maintain information regarding an individual that was obtained from the department under this subsection or from the department of transportation under s. 341.175 based on the individual's status as a licensee.

SB403-SSA2,39,10 3. Neither a law enforcement agency nor any of its employees may sort or access information regarding vehicle stops, investigations, civil or criminal offenses, or other activities involving the agency based on the status as licensees of any individuals involved.

SB403-SSA2,39,15 (12r) Providing licensee information to the department of transportation. If any of the following happens with respect to a person, the department shall notify the department of transportation of the person's name, date of birth, and sex, the date on which the person was last issued a license under this section, and any vehicle registration number provided by the person on his or her application for that license:

SB403-SSA2,39,16 (a) The person is issued a license.

SB403-SSA2,39,17 (b) The person's license is renewed.

SB403-SSA2,39,18 (c) The person's license expires and is not renewed.

SB403-SSA2,39,19 (d) The person's license is suspended or revoked.

SB403-SSA2,39,20 (e) The person's suspended license is reinstated.

SB403-SSA2,40,2 (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 department a notarized statement that his or her license document has been lost or destroyed. The department shall issue a replacement license document within 14 days of receiving the notarized statement and a replacement license fee of $15.

SB403-SSA2,40,5 (14) License revocation and suspension. (a) The department shall revoke a license issued under this section if the licensee no longer meets all of the criteria specified in sub. (3) (b) to (g), (i) to (n), and (p) to (s).

SB403-SSA2,40,7 (am) 1. If any of the following occurs with respect to a licensee, the department shall suspend the licensee's license:

SB403-SSA2,40,9 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).

SB403-SSA2,40,11 b. A court has prohibited the licensee from possessing a dangerous weapon under s. 969.02 (3) (c).

SB403-SSA2,40,15 2. If the department suspends a license under subd. 1., and, upon disposition of the case, the person to whom the license was issued meets all of the criteria specified in sub. (3), the department shall restore the license within 14 days of receiving the disposition.

SB403-SSA2,40,17 (b) 1. If the department revokes or suspends a license under this section, the revocation or suspension shall take effect immediately.

SB403-SSA2,40,23 2. If the department suspends or revokes a license issued under this section, it 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 department.

SB403-SSA2,41,2 (14g) Departmental review. The department shall promulgate rules providing for the review of any action by the department denying an application for a license under this section, suspending or revoking a license under this section, or denying certification as an instructor under sub. (3m) (b).

SB403-SSA2,41,7 (14m) Appeals to the circuit court. (a) A person aggrieved by any action by the department denying an application for a license under this section, suspending or revoking a license under this section, or denying certification as an instructor under sub. (3m) (b) may appeal directly to the circuit court of his or her county, but only if the person has completed the review process established under sub. (14g).

SB403-SSA2,41,14 (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 completion of the review process established under sub. (14g). The petition shall state the substance of the department's action that the person is appealing from and the grounds upon which the person believes the department'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 department's action to be improper.

SB403-SSA2,41,17 (c) A copy of the petition shall be served upon the department either personally or by registered or certified mail within 5 days after the person files his or her petition under par. (b).

SB403-SSA2,41,21 (d) The department 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 department. A copy of any documents or records on which the department based its action shall be included with the answer when filed.

SB403-SSA2,42,2 (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 department the court may take testimony that the court determines is appropriate.

SB403-SSA2,42,4 (f) The court shall affirm the department's action unless the court finds any of the following:

SB403-SSA2,42,5 1. That the department failed to follow procedure prescribed under this section.

SB403-SSA2,42,7 2. That the department erroneously interpreted a provision of law and a correct interpretation compels a different action.

SB403-SSA2,42,9 3. That the department's action depends on a finding of fact that is not supported by substantial evidence in the record.

SB403-SSA2,42,11 (g) 1. The court's decision shall provide whatever relief is appropriate regardless of the original form of the petition.