Amendment SSA2-SB403

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.

SB403-SSA2,42,14 2. If the court overturns the department's decision under sub. (3m) (b), the court shall order the department to pay the aggrieved person all court costs and reasonable attorney fees.

SB403-SSA2,42,18 (15) License expiration and renewal. (a) Except as provided in par. (e) and 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).

SB403-SSA2,42,23 (b) The department shall design a notice of expiration form. At least 90 days before the expiration date of a license issued under this section, the department shall mail to the licensee a notice of expiration form and a form for renewing the license. The department shall renew the license if, before the date the license expires, the licensee does all of the following:

SB403-SSA2,42,24 1. Submits a renewal application on the form provided by the department.

SB403-SSA2,43,3 2. Submits a notarized statement reporting 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).

SB403-SSA2,43,4 4. Pays all of the following:

SB403-SSA2,43,5 a. A $27 renewal fee.

SB403-SSA2,43,6 b. A fee for a background check of $8.

SB403-SSA2,43,9 c. A shooting range improvement fee of $15 written as a separate check, made out to the applicant's county of residence, that the department shall forward to that county on at least a quarterly basis.

SB403-SSA2,43,11 (c) The department shall conduct a background check of a licensee as provided under sub. (9g) before renewing the licensee's license under par. (b).

SB403-SSA2,43,15 (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 apply for a new license under sub. (7).

SB403-SSA2,43,19 (e) The license of a member of the U.S. armed forces, a reserve unit of the armed forces, or the national guard who is deployed overseas while on active duty may not expire until at least 90 days after the end of the licensee's overseas deployment unless the license is suspended or revoked under sub. (9g) (e) 1. or (14).

SB403-SSA2,43,24 (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.

SB403-SSA2,44,4 (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.

SB403-SSA2,44,6 (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:

SB403-SSA2,44,7 1. A place that has been declared a nuisance under ch. 823.

SB403-SSA2,44,11 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.

SB403-SSA2,44,12 3. A prison, jail, house of correction, or secured correctional facility.

SB403-SSA2,44,16 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.

SB403-SSA2,44,19 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.

SB403-SSA2,44,20 5m. A place at which an organized youth sporting event is taking place.

SB403-SSA2,44,21 6. A school administration building.

SB403-SSA2,44,23 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:

SB403-SSA2,44,25 a. The licensee or the out-of-state licensee is a person described in s. 941.237 (3) (a), (b), (c), (cm), or (d).

SB403-SSA2,45,2 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).

SB403-SSA2,45,5 c. The sale of intoxicating liquors or fermented malt beverages or both on those premises accounts for not more than 50 percent of the proprietor's annual gross receipts from those premises.

SB403-SSA2,45,7 8. A security checkpoint or a place beyond a security checkpoint in an airport, unless the weapon is encased for shipment as baggage to be transported by aircraft.

SB403-SSA2,45,8 9. A place in which carrying the weapon is prohibited by federal law.

SB403-SSA2,45,9 10. A kindergarten facility or classroom.

SB403-SSA2,45,12 11. A child care center licensed under s. 48.65. This subdivision does not apply to the owner of the child care center or, if the child care center is located in a residence, to a person who resides in that residence.

SB403-SSA2,45,15 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.

SB403-SSA2,45,19 13. A building or part of a building that is used for religious worship or another religious purpose, except that the owner of the building or an authorized representative of the owner may permit a licensee or out-of-state licensee to carry a concealed weapon in the building or a part of the building.

SB403-SSA2,46,2 14. A health-related facility, except that the director of any health-related facility, or his or her authorized representative, may permit a licensee or out-of-state licensee to carry a concealed weapon in the health-related facility. In this subdivision "health-related facility" means a health care facility, as defined in s. 150.84 (2); a clinic or office that is used by a physician licensed under ch. 448; an adult family home, as defined in s. 50.01 (1); a residential care apartment complex, as defined in s. 50.01 (1d); a facility, as defined in s. 50.01 (1m); or a home health agency, as defined in s. 50.49 (1) (a).

SB403-SSA2,46,9 15. A building located on the campus of a private or public university, college, or technical college, except that the president of a private university or college; the chancellor of an institution, as defined in s. 36.05 (9), except the chancellor of the University of Wisconsin Colleges, as defined in s. 36.05 (14); the dean of a college campus, as defined in s. 36.05 (6m); or the director of a technical college district may permit a licensee or out-of-state licensee to carry a concealed weapon in a building under his or her jurisdiction.

SB403-SSA2,46,12 16. A building owned by a nonprofit organization, whose primary function is to provide direct services to children or families, in or at which the nonprofit organization provides direct services to children or families.

SB403-SSA2,46,18 (at) Neither a licensee nor an out-of-state licensee may carry a concealed weapon in a building owned or leased by the state or any political subdivision of the state if the building provides electronic screening for weapons at all public entrances to the building and for the locked storage of weapons on the premises while the licensee or out-of-state licensee is in the building. This paragraph does not apply to:

SB403-SSA2,46,20 1. Peace officers or armed forces or military personnel who go armed in the line of duty.

SB403-SSA2,46,22 2. A person authorized to carry a weapon in the building by the chief of police of the city, village, or town or the sheriff of the county in which the building is located.

SB403-SSA2,46,24 3. A person authorized to carry a weapon in the building by the chief of the capitol police, if the building is owned or leased by the state.

SB403-SSA2,47,4 (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:

SB403-SSA2,47,5 1. The individual is in a motor vehicle or on a snowmobile or bicycle.

SB403-SSA2,47,7 2. The individual has exited a motor vehicle and is encasing the handgun or storing it in the motor vehicle.

SB403-SSA2,47,10 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.

SB403-SSA2,47,13 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.

SB403-SSA2,47,16 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.

SB403-SSA2,47,17 6. The individual's possession of the handgun is described in s. 948.605 (2) (b).

SB403-SSA2,47,21 (c) Neither a licensee nor an out-of-state licensee may knowingly 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).

SB403-SSA2,47,23 (cm) 1. A person may not carry a concealed weapon if any of the following applies:

SB403-SSA2,47,24 a. The person's alcohol concentration exceeds 0.08.

SB403-SSA2,48,2 b. The person is under the influence of an intoxicant to a degree which materially impairs his or her ability to handle the weapon.

SB403-SSA2,48,7 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.

SB403-SSA2,48,9 (d) Paragraphs (a), (at), (b), and (c) do not apply to a peace officer, as defined in s. 939.22 (22).

SB403-SSA2,48,11 (17) Penalties. (a) Any person who violates sub. (2g) (b) or (c) may be required to forfeit not more than $25.

SB403-SSA2,48,13 (ag) Any person who violates sub. (12) or (12g) may be fined not more than $500 or sentenced to a term of imprisonment of not more than 30 days or both.

SB403-SSA2,48,16 (ar) Any law enforcement officer who uses excessive force based solely on an individual's status as a licensee may be fined not more than $500 or sentenced to a term of imprisonment of not more than 30 days or both.

SB403-SSA2,48,18 (b) Any person who violates sub. (16) (a), (at), (b), or (c) may be fined not more than $1,000 or imprisoned for not more than 90 days or both.

SB403-SSA2,48,20 (bm) Any person who violates sub. (2k) (e) or (16) (cm) 1. may be fined not more than $10,000 or imprisoned for not more than 9 months or both.

SB403-SSA2,48,25 (c) Any person who submits an intentionally false notarized statement under sub. (7) (b) or (15) (b) 2. or who intentionally makes a false statement to the department 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.

SB403-SSA2,49,2 (d) Any person who intentionally violates sub. (11) (b) 1. shall be fined not less than $500 nor more than $10,000 and may be imprisoned for not more than 9 months.

SB403-SSA2,49,6 (e) Any person required under sub. (14) (b) 2. to relinquish or deliver a license document to the department 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.

SB403-SSA2,49,13 (19) Statistical report. 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 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.

SB403-SSA2,49,16 (20m) Grants for shooting ranges. (a) Using the fees collected under subs. (7) (bp) and (15) (b) 4. c., a county shall award grants to persons for construction or improvement of shooting ranges.

SB403-SSA2,49,19 (b) A grant awarded under this subsection may be for up to 50 percent of the cost of the construction or improvement of the shooting range. A grant awarded under this subsection may not be used to pay for any of the following:

SB403-SSA2,49,21 1. The construction of clubhouses and facilities that are not essential to the operation of the shooting range.

SB403-SSA2,49,22 2. The operation and maintenance of the shooting range.

SB403-SSA2,49,25 (c) In order to receive a grant under this subsection, the person creating or improving a shooting range shall agree to provide the facility for a firearm safety course or class that meets the requirements under sub. (3m) (a).

SB403-SSA2,50,5 (d) In determining whether to make a grant under this subsection to a particular applicant, the county shall consider the potential of the project to meet the needs of firearm safety courses or classes that meet the requirements under sub. (3m) in the area served by the shooting range relative to the proposed cost of the construction or improvement.

SB403-SSA2,50,9 (21) Immunity. (a) The department and its employees, clerks, as defined in sub. (11) (a) 1. a., and their staff, and court automated information systems, as defined under sub. (11) (a) 1. b., and their employees are immune from liability arising from any act or omission under this section, if done in good faith.

SB403-SSA2,50,12 (b) A person providing a firearm safety or firearm training course or class in good faith is immune from liability arising from any act or omission related to the course or class if the course or class is one described in sub. (3) (h) 1.

SB403-SSA2,50,15 (c) A person that permits an individual to carry a concealed weapon on property that the person owns or occupies is immune from any liability arising from its decision to do so, if done in good faith.

SB403-SSA2,50,18 (d) An employer that permits any of its employees to carry a concealed weapon under sub. (15m) is immune from any liability arising from its decision to do so, if done in good faith.

SB403-SSA2, s. 38 Section 38. 341.175 of the statutes is created to read:

SB403-SSA2,50,21 341.175 Department to maintain records. (1) In this section, "licensee" has the meaning given in s. 175.50 (1) (d).

SB403-SSA2,51,2 (2) Using the information provided under s. 175.50 (12r) and obtained through rules promulgated under sub. (3), the department shall maintain a record of each owner who is a licensee. If its records indicate that an owner of a vehicle is a licensee, the department shall, in its registration records for that vehicle, include a confidential entry that informs a law enforcement officer who requests information regarding that vehicle that the owner is a licensee.

SB403-SSA2,51,6 (3) The department, in consultation with the department of justice, shall promulgate rules specifying how it shall obtain the vehicle registration number for a licensee, as defined in s. 175.50 (1) (d), if there was no motor vehicle registered to the person when he or she became a licensee.

SB403-SSA2,51,9 (4) A law enforcement officer may request information maintained by the department under sub. (2) only if he or she is conducting a vehicle stop that meets the requirements of s. 349.02 (2) (a).

SB403-SSA2,51,11 (5) (a) Notwithstanding s. 19.35, neither the department nor any of its employees may make information maintained under sub. (2) available to the public.

SB403-SSA2,51,14 (b) Neither the department nor any of its employees may store, maintain, format, sort, or access information regarding licensees based on their status as licensees.