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2011 - 2012 LEGISLATURE
ASSEMBLY SUBSTITUTE AMENDMENT 1,
TO 2011 SENATE BILL 93
June 21, 2011 - Offered by Representatives Barca, Turner, Zepnick, D. Cullen,
Pasch, Seidel, Bewley, Hulsey, Hintz, Berceau, Roys
and E. Coggs.
SB93-ASA1,2,13 1An Act to repeal 941.237 (4) and 948.605 (2) (b) 1., 2., 4., 5. and 7.; to renumber
2167.30, 941.295 (1), 943.13 (1e) (a) and 947.01; to renumber and amend
329.089 (2), 29.091, 29.621 (4), 167.31 (3) (a), 440.26 (3m), 941.23, 941.235 (2),
4941.295 (2) (d), 941.295 (4), 943.13 (2), 948.605 (2) (b) 6. and 948.605 (2) (b) 8.;
5to amend 23.33 (3) (e), 48.685 (2) (bb), 50.065 (2) (bb), 59.54 (6), 66.0409 (3) (b),
6165.60, 165.81 (2), 165.82 (1) (intro.), 165.82 (2), 167.31 (1) (b), 167.31 (2) (a),
7167.31 (2) (b), 167.31 (2) (c), 813.12 (6) (am) 1., 813.122 (9) (am) 1., 813.125 (5r)
8(a), 895.527 (5) (a), 938.396 (2g) (n), 939.22 (10), 941.295 (2) (intro.), 943.13 (1m)
9(b), 943.13 (3), 947.011 (2) (a) 1., 947.011 (2) (c) 1., 947.011 (2) (d), 948.60 (1),
10948.605 (2) (a), 948.605 (2) (b) (intro.), 968.255 (1) (a) 2., 971.37 (1m) (a) 2. and
11973.055 (1) (a) 1.; and to create 20.455 (2) (gs), 20.455 (2) (gu), 29.089 (2) (a),
1229.089 (2) (b), 29.089 (2) (c), 29.089 (2) (d), 29.091 (2), 29.621 (4) (a), 29.621 (4)
13(b), 29.621 (4) (c), 29.621 (4) (d), 29.621 (6), 66.0409 (6), 165.25 (12), 167.30 (2),

1167.31 (3) (a) 2., 167.31 (4) (at), 175.48, 175.49, 175.60, 440.26 (3m) (a), 440.26
2(3m) (b), 440.26 (3m) (c), 440.26 (3m) (d), 941.23 (1), 941.23 (2) (b), 941.23 (2)
3(c), 941.23 (2) (d), 941.23 (2) (e), 941.23 (3), 941.235 (2) (c), 941.235 (2) (d),
4941.235 (2) (e), 941.237 (3) (cr), 941.237 (3) (ct), 941.237 (3) (cx), 941.295 (1c) (b)
5and (c), 941.295 (2) (d) 2., 941.295 (2g), 941.295 (2r), 943.13 (1e) (aL), 943.13 (1e)
6(bm), 943.13 (1e) (cm), 943.13 (1e) (g), 943.13 (1e) (h), 943.13 (1m) (c), 943.13 (2)
7(bm), 946.71, 947.01 (2) and 948.605 (2) (b) 1m. and 1r. of the statutes; relating
8to:
carrying a concealed weapon; licenses authorizing persons to carry
9concealed weapons; possessing or transporting a firearm, bow, or crossbow
10under certain circumstances; disorderly conduct limitations; photographic
11identification cards for former law enforcement officers; providing an
12exemption from emergency rule procedures; requiring the exercise of
13rule-making authority; making appropriations; and providing penalties.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
SB93-ASA1, s. 1 14Section 1. 20.455 (2) (gs) of the statutes is created to read:
SB93-ASA1,2,1715 20.455 (2) (gs) Background check for licenses to carry concealed weapons. All
16moneys received as fee payments under s. 175.60 (7) (c) and (d), (13), and (15) (b) 4.
17a. and b. to provide services under s. 175.60.
SB93-ASA1, s. 2 18Section 2. 20.455 (2) (gu) of the statutes is created to read:
SB93-ASA1,2,2119 20.455 (2) (gu) Certification cards for carrying concealed weapons. All moneys
20received as fees under s. 175.49 (5m) to verify eligibility of, and to issue certification
21cards to, former officers seeking to carry concealed weapons.
SB93-ASA1, s. 3 22Section 3. 23.33 (3) (e) of the statutes is amended to read:
SB93-ASA1,3,3
123.33 (3) (e) With any firearm in his or her possession unless it is unloaded and
2enclosed in a carrying case or unless the firearm is a handgun, as defined in s. 175.60
3(1) (bm)
, or any bow unless it is unstrung or enclosed in a carrying case.
SB93-ASA1, s. 4 4Section 4. 29.089 (2) of the statutes is renumbered 29.089 (2) (intro.) and
5amended to read:
SB93-ASA1,3,96 29.089 (2) (intro.) Except as provided in sub. (3), no person may have in his or
7her possession or under his or her control a firearm on land located in state parks or
8state fish hatcheries unless the firearm is unloaded and enclosed within a carrying
9case. This subsection does not apply to any of the following:
SB93-ASA1, s. 5 10Section 5. 29.089 (2) (a) of the statutes is created to read:
SB93-ASA1,3,1211 29.089 (2) (a) A person who is employed in this state by a public agency as a
12law enforcement officer and to whom s. 941.23 (1) (g) 2. to 5. and (2) (b) 1. to 3. applies.
SB93-ASA1, s. 6 13Section 6. 29.089 (2) (b) of the statutes is created to read:
SB93-ASA1,3,1514 29.089 (2) (b) A qualified out-of-state law enforcement officer, as defined in s.
15941.23 (1) (g), to whom s. 941.23 (2) (b) 1. to 3. applies.
SB93-ASA1, s. 7 16Section 7. 29.089 (2) (c) of the statutes is created to read:
SB93-ASA1,3,1817 29.089 (2) (c) A former officer, as defined in s. 941.23 (1) (c), to whom s. 941.23
18(2) (c) 1. to 7. applies.
SB93-ASA1, s. 8 19Section 8. 29.089 (2) (d) of the statutes is created to read:
SB93-ASA1,3,2220 29.089 (2) (d) A licensee, as defined in s. 175.60 (1) (d), or an out-of-state
21licensee, as defined in s. 175.60 (1) (g), if the firearm is a handgun, as defined in s.
22175.60 (1) (bm).
SB93-ASA1, s. 9 23Section 9. 29.091 of the statutes is renumbered 29.091 (1) and amended to
24read:
SB93-ASA1,4,8
129.091 (1) No person may hunt or trap within any wildlife refuge established
2under s. 23.09 (2) (b) or 29.621 (1), or, except as provided in sub. (2), have possession
3or control of any gun, firearm, bow or crossbow unless the gun or firearm is unloaded,
4the bow or crossbow is unstrung and the gun, firearm, bow or crossbow is enclosed
5within a carrying case. The taking of predatory game birds and animals shall be done
6as the department directs. All state wildlife refuge boundary lines shall be marked
7by posts placed at intervals of not over 500 feet and bearing signs with the words
8"Wisconsin Wildlife Refuge".
SB93-ASA1, s. 10 9Section 10. 29.091 (2) of the statutes is created to read:
SB93-ASA1,4,1210 29.091 (2) The prohibition in sub. (1), as it relates to the possession or control
11of a loaded or unencased gun or firearm within a refuge established under s. 23.09
12(2) (b), does not apply to any of the following:
SB93-ASA1,4,1413 (a) A person who is employed in this state by a public agency as a law
14enforcement officer and to whom s. 941.23 (1) (g) 2. to 5. and (2) (b) 1. to 3. applies.
SB93-ASA1,4,1615 (b) A qualified out-of-state law enforcement officer, as defined in s. 941.23 (1)
16(g), to whom s. 941.23 (2) (b) 1. to 3. applies.
SB93-ASA1,4,1817 (c) A former officer, as defined in s. 941.23 (1) (c), to whom s. 941.23 (2) (c) 1.
18to 7. applies.
SB93-ASA1,4,2119 (d) A licensee, as defined in s. 175.60 (1) (d), or an out-of-state licensee, as
20defined in s. 175.60 (1) (g), if the gun or firearm is a handgun, as defined in s. 175.60
21(1) (bm).
SB93-ASA1, s. 11 22Section 11. 29.621 (4) of the statutes is renumbered 29.621 (4) (intro.) and
23amended to read:
SB93-ASA1,5,724 29.621 (4) Protection. (intro.) Except as provided in s. 29.091 (1), no owner
25of a wildlife refuge, and no other person, may hunt or trap within the boundaries of

1any wildlife refuge or have in his or her possession or under his or her control in the
2wildlife refuge a gun, firearm, bow or crossbow, unless the gun or firearm is unloaded,
3the bow or crossbow is unstrung and the gun, firearm, bow or crossbow is enclosed
4within a carrying case. Nothing in this section may prohibit, prevent or interfere
5with the department in the destruction of injurious animals.
This subsection, as it
6relates to the possession or control of a loaded or unencased firearm, does not apply
7to any of the following:
SB93-ASA1, s. 12 8Section 12. 29.621 (4) (a) of the statutes is created to read:
SB93-ASA1,5,109 29.621 (4) (a) A person who is employed in this state by a public agency as a
10law enforcement officer and to whom s. 941.23 (1) (g) 2. to 5. and (2) (b) 1. to 3. applies.
SB93-ASA1, s. 13 11Section 13. 29.621 (4) (b) of the statutes is created to read:
SB93-ASA1,5,1312 29.621 (4) (b) A qualified out-of-state law enforcement officer, as defined in s.
13941.23 (1) (g), to whom s. 941.23 (2) (b) 1. to 3. applies.
SB93-ASA1, s. 14 14Section 14. 29.621 (4) (c) of the statutes is created to read:
SB93-ASA1,5,1615 29.621 (4) (c) A former officer, as defined in s. 941.23 (1) (c), to whom s. 941.23
16(2) (c) 1. to 7. applies.
SB93-ASA1, s. 15 17Section 15. 29.621 (4) (d) of the statutes is created to read:
SB93-ASA1,5,2018 29.621 (4) (d) A licensee, as defined in s. 175.60 (1) (d), or an out-of-state
19licensee, as defined in s. 175.60 (1) (g), if the gun or firearm is a handgun, as defined
20in s. 175.60 (1) (bm).
SB93-ASA1, s. 16 21Section 16. 29.621 (6) of the statutes is created to read:
SB93-ASA1,5,2322 29.621 (6) Injurious animals. Nothing in this section may prohibit, prevent,
23or interfere with the department in the destruction of injurious animals.
SB93-ASA1, s. 17 24Section 17. 48.685 (2) (bb) of the statutes is amended to read:
SB93-ASA1,6,19
148.685 (2) (bb) If information obtained under par. (am) or (b) 1. indicates a
2charge of a serious crime, but does not completely and clearly indicate the final
3disposition of the charge, the department, county department, agency contracted
4with under s. 48.651 (2), child welfare agency, school board, or entity shall make
5every reasonable effort to contact the clerk of courts to determine the final disposition
6of the charge. If a background information form under sub. (6) (a) or (am) indicates
7a charge or a conviction of a serious crime, but information obtained under par. (am)
8or (b) 1. does not indicate such a charge or conviction, the department, county
9department, agency contracted with under s. 48.651 (2), child welfare agency, school
10board, or entity shall make every reasonable effort to contact the clerk of courts to
11obtain a copy of the criminal complaint and the final disposition of the complaint.
12If information obtained under par. (am) or (b) 1., a background information form
13under sub. (6) (a) or (am), or any other information indicates a conviction of a
14violation of s. 940.19 (1), 940.195, 940.20, 941.30, 942.08, 947.01 (1), or 947.013
15obtained not more than 5 years before the date on which that information was
16obtained, the department, county department, agency contracted with under s.
1748.651 (2), child welfare agency, school board, or entity shall make every reasonable
18effort to contact the clerk of courts to obtain a copy of the criminal complaint and
19judgment of conviction relating to that violation.
SB93-ASA1, s. 18 20Section 18. 50.065 (2) (bb) of the statutes is amended to read:
SB93-ASA1,7,1221 50.065 (2) (bb) If information obtained under par. (am) or (b) indicates a charge
22of a serious crime, but does not completely and clearly indicate the final disposition
23of the charge, the department or entity shall make every reasonable effort to contact
24the clerk of courts to determine the final disposition of the charge. If a background
25information form under sub. (6) (a) or (am), or any disclosure made pursuant to a

1disclosure policy described under sub. (6) (am), indicates a charge or a conviction of
2a serious crime, but information obtained under par. (am) or (b) does not indicate
3such a charge or conviction, the department or entity shall make every reasonable
4effort to contact the clerk of courts to obtain a copy of the criminal complaint and the
5final disposition of the complaint. If information obtained under par. (am) or (b), a
6background information form under sub. (6) (a) or (am), any disclosure made
7pursuant to a disclosure policy described under sub. (6) (am), or any other
8information indicates a conviction of a violation of s. 940.19 (1), 940.195, 940.20,
9941.30, 942.08, 947.01 (1), or 947.013 obtained not more than 5 years before the date
10on which that information was obtained, the department or entity shall make every
11reasonable effort to contact the clerk of courts to obtain a copy of the criminal
12complaint and judgment of conviction relating to that violation.
SB93-ASA1, s. 19 13Section 19. 59.54 (6) of the statutes is amended to read:
SB93-ASA1,7,1814 59.54 (6) Peace and order. The board may enact and enforce ordinances to
15preserve the public peace and good order within the county including, but not limited
16by enumeration, ordinances prohibiting conduct that is the same as or similar to
17conduct that is prohibited by ss. 947.01 (1) and 947.02, and provide a forfeiture for
18a violation of the ordinances.
SB93-ASA1, s. 20 19Section 20. 66.0409 (3) (b) of the statutes is amended to read:
SB93-ASA1,7,2520 66.0409 (3) (b) Nothing in this section prohibits a city, village or town that is
21authorized to exercise village powers under s. 60.22 (3) from enacting an ordinance
22or adopting a resolution that restricts the discharge of a firearm. Any ordinance or
23resolution that restricts the discharge of a firearm does not apply and may not be
24enforced if the actor's conduct is justified or, had it been subject to a criminal penalty,
25would have been subject to a defense described in s. 939.45.
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