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2011 - 2012 LEGISLATURE
SENATE SUBSTITUTE AMENDMENT 1,
TO 2011 SENATE BILL 93
May 23, 2011 - Offered by Senator Galloway.
SB93-SSA1,2,11 1An Act to repeal 23.33 (3) (e), 165.81 (2), 167.31 (1) (b), 167.31 (1) (g), 167.31 (2)
2(a), 167.31 (2) (b), 167.31 (4) (am) 2. and 3., 167.31 (4) (bg), (bn) and (bt), 167.31
3(4) (cm) and (d), 941.23, 941.235, 941.237, 941.295, 948.605 (1) (a) and (am),
4948.605 (2) (b) 1. to 5. and 7. and 973.137 (1); to renumber 29.091, 29.621 (4),
5167.30, 943.13 (1e) (a) and 947.01; to renumber and amend 167.31 (4) (am)
61., 943.13 (2) and 948.605 (2) (b) 8.; to amend 29.089 (2), 29.314 (3) (a), 29.314
7(4) (a), 48.685 (2) (bb), 50.065 (2) (bb), 59.54 (6), 66.0409 (3) (b), 110.07 (1) (a)
81., 110.07 (1) (a) 3., 110.07 (1) (b), 165.60, 165.82 (1) (intro.), 167.31 (2) (c), 167.31
9(2) (d), 167.31 (2) (e), 167.31 (3) (title), 167.31 (3) (a), 167.31 (3) (b), 167.31 (4)
10(a), 167.31 (4) (b), 167.31 (4) (c), 167.31 (4) (f), 345.11 (1s), 345.20 (2) (f), 813.12
11(6) (am) 1., 813.122 (9) (am) 1., 813.125 (5r) (a), 895.527 (5) (a), 938.34 (14q),
12938.396 (2g) (n), 938.78 (3), 939.22 (10), 939.632 (1) (e) 3., 941.299 (1) (a), 943.13
13(1m) (b), 943.13 (3), 947.011 (2) (a) 1., 947.011 (2) (c) 1., 947.011 (2) (d), 948.60

1(1), 948.605 (2) (a), 948.605 (2) (b) (intro.), 948.605 (2) (b) 6., 968.255 (1) (a) 2.,
2971.37 (1m) (a) 2. and 973.055 (1) (a) 1.; and to create 20.455 (2) (gs), 29.091
3(1), 29.314 (1) (ah), 29.621 (4) (a), 66.0409 (6), 165.25 (12), 167.30 (2), 167.31 (4)
4(at), 175.60, 939.22 (11m), 941.232, 943.13 (1e) (aL), 943.13 (1e) (cm), 943.13
5(1m) (c), 943.13 (2) (bm), 943.13 (6), 946.71, 947.01 (2) and 948.605 (2) (b) 1m.
6and 1r. of the statutes; relating to: going armed with weapons, possessing or
7transporting a firearm, bow, or crossbow under certain circumstances,
8disorderly conduct limitations, electric weapons, optional licenses to carry
9concealed weapons, providing an exemption from emergency rule procedures,
10requiring the exercise of rule-making authority, making an appropriation, and
11providing penalties.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
SB93-SSA1, s. 1 12Section 1. 20.455 (2) (gs) of the statutes is created to read:
SB93-SSA1,2,1513 20.455 (2) (gs) Background check for optional licenses to carry concealed
14weapons.
All moneys received as fee payments under s. 175.60 (7) (c) and (d), (13),
15and (15) (b) 4. a. and b. to provide services under s. 175.60.
SB93-SSA1, s. 2 16Section 2. 23.33 (3) (e) of the statutes is repealed.
SB93-SSA1, s. 3 17Section 3. 29.089 (2) of the statutes is amended to read:
SB93-SSA1,2,2118 29.089 (2) Except as provided in sub. (3) and except if the firearm is a handgun
19as defined in s. 175.35 (1) (b)
, no person may have in his or her possession or under
20his or her control a firearm on land located in state parks or state fish hatcheries
21unless the firearm is unloaded and enclosed within a carrying case.
SB93-SSA1, s. 4 22Section 4. 29.091 of the statutes is renumbered 29.091 (2).
SB93-SSA1, s. 5 23Section 5. 29.091 (1) of the statutes is created to read:
SB93-SSA1,3,1
129.091 (1) In this section:
SB93-SSA1,3,22 (a) "Firearm" does not include a handgun.
SB93-SSA1,3,33 (b) "Gun" does not include a handgun.
SB93-SSA1,3,44 (c) "Handgun" has the meaning given in s. 175.35 (1) (b).
SB93-SSA1, s. 6 5Section 6. 29.314 (1) (ah) of the statutes is created to read:
SB93-SSA1,3,66 29.314 (1) (ah) "Handgun" has the meaning given in s. 175.35 (1) (b).
SB93-SSA1, s. 7 7Section 7. 29.314 (3) (a) of the statutes is amended to read:
SB93-SSA1,3,108 29.314 (3) (a) Prohibition. No person may use or possess with intent to use a
9light for shining deer, elk, or bear while the person is hunting deer, elk, or bear or in
10possession of a firearm that is not a handgun, bow and arrow, or crossbow.
SB93-SSA1, s. 8 11Section 8. 29.314 (4) (a) of the statutes is amended to read:
SB93-SSA1,3,1412 29.314 (4) (a) Prohibition. No person may use or possess with intent to use a
13light for shining wild animals while the person is hunting or in possession of a
14firearm that is not a handgun, bow and arrow, or crossbow.
SB93-SSA1, s. 9 15Section 9. 29.621 (4) of the statutes is renumbered 29.621 (4) (b).
SB93-SSA1, s. 10 16Section 10. 29.621 (4) (a) of the statutes is created to read:
SB93-SSA1,3,1717 29.621 (4) (a) In this subsection:
SB93-SSA1,3,1818 1. "Firearm" does not include a handgun.
SB93-SSA1,3,1919 2. "Gun" does not include a handgun.
SB93-SSA1,3,2020 3. "Handgun" has the meaning given in s. 175.35 (1) (b).
SB93-SSA1, s. 11 21Section 11. 48.685 (2) (bb) of the statutes is amended to read:
SB93-SSA1,4,1522 48.685 (2) (bb) If information obtained under par. (am) or (b) 1. indicates a
23charge of a serious crime, but does not completely and clearly indicate the final
24disposition of the charge, the department, county department, agency contracted
25with under s. 48.651 (2), child welfare agency, school board, or entity shall make

1every reasonable effort to contact the clerk of courts to determine the final disposition
2of the charge. If a background information form under sub. (6) (a) or (am) indicates
3a charge or a conviction of a serious crime, but information obtained under par. (am)
4or (b) 1. does not indicate such a charge or conviction, the department, county
5department, agency contracted with under s. 48.651 (2), child welfare agency, school
6board, or entity shall make every reasonable effort to contact the clerk of courts to
7obtain a copy of the criminal complaint and the final disposition of the complaint.
8If information obtained under par. (am) or (b) 1., a background information form
9under sub. (6) (a) or (am), or any other information indicates a conviction of a
10violation of s. 940.19 (1), 940.195, 940.20, 941.30, 942.08, 947.01 (1), or 947.013
11obtained not more than 5 years before the date on which that information was
12obtained, the department, county department, agency contracted with under s.
1348.651 (2), child welfare agency, school board, or entity shall make every reasonable
14effort to contact the clerk of courts to obtain a copy of the criminal complaint and
15judgment of conviction relating to that violation.
SB93-SSA1, s. 12 16Section 12. 50.065 (2) (bb) of the statutes is amended to read:
SB93-SSA1,5,817 50.065 (2) (bb) If information obtained under par. (am) or (b) indicates a charge
18of a serious crime, but does not completely and clearly indicate the final disposition
19of the charge, the department or entity shall make every reasonable effort to contact
20the clerk of courts to determine the final disposition of the charge. If a background
21information form under sub. (6) (a) or (am), or any disclosure made pursuant to a
22disclosure policy described under sub. (6) (am), indicates a charge or a conviction of
23a serious crime, but information obtained under par. (am) or (b) does not indicate
24such a charge or conviction, the department or entity shall make every reasonable
25effort to contact the clerk of courts to obtain a copy of the criminal complaint and the

1final disposition of the complaint. If information obtained under par. (am) or (b), a
2background information form under sub. (6) (a) or (am), any disclosure made
3pursuant to a disclosure policy described under sub. (6) (am), or any other
4information indicates a conviction of a violation of s. 940.19 (1), 940.195, 940.20,
5941.30, 942.08, 947.01 (1), or 947.013 obtained not more than 5 years before the date
6on which that information was obtained, the department or entity shall make every
7reasonable effort to contact the clerk of courts to obtain a copy of the criminal
8complaint and judgment of conviction relating to that violation.
SB93-SSA1, s. 13 9Section 13. 59.54 (6) of the statutes is amended to read:
SB93-SSA1,5,1410 59.54 (6) Peace and order. The board may enact and enforce ordinances to
11preserve the public peace and good order within the county including, but not limited
12by enumeration, ordinances prohibiting conduct that is the same as or similar to
13conduct that is prohibited by ss. 947.01 (1) and 947.02, and provide a forfeiture for
14a violation of the ordinances.
SB93-SSA1, s. 14 15Section 14. 66.0409 (3) (b) of the statutes is amended to read:
SB93-SSA1,5,2116 66.0409 (3) (b) Nothing in this section prohibits a city, village or town that is
17authorized to exercise village powers under s. 60.22 (3) from enacting an ordinance
18or adopting a resolution that restricts the discharge of a firearm. Any ordinance or
19resolution that restricts the discharge of a firearm does not apply and may not be
20enforced if the actor's conduct is justified or, had it been subject to a criminal penalty,
21would have been subject to a defense described in s. 939.45.
SB93-SSA1, s. 15 22Section 15. 66.0409 (6) of the statutes is created to read:
SB93-SSA1,6,323 66.0409 (6) Unless other facts and circumstances apply, no person may be in
24violation of, or be charged with a violation of, an ordinance of a political subdivision
25relating to disorderly conduct or other inappropriate behavior for loading, carrying,

1or going armed with a firearm, without regard to whether the firearm is loaded or
2is concealed or openly carried. Any ordinance in violation of this subsection does not
3apply and may not be enforced.
SB93-SSA1, s. 16 4Section 16. 110.07 (1) (a) 1. of the statutes is amended to read:
SB93-SSA1,6,85 110.07 (1) (a) 1. Enforce and assist in the administration of this chapter and
6chs. 194, 218, 341 to 349 and 351, and ss. 23.33, 125.07 (4) (b), 125.085 (3) (b), 167.31
7(2) (b) to (c) and (d) and 287.81 and ch. 350 where applicable to highways, or orders
8or rules issued pursuant thereto.
SB93-SSA1, s. 17 9Section 17. 110.07 (1) (a) 3. of the statutes is amended to read:
SB93-SSA1,6,1410 110.07 (1) (a) 3. Have authority to enter any place where vehicles subject to this
11chapter, ss. 167.31 (2) (b) to (c) and (d) and 287.81 and chs. 194, 218 and 341 to 350
12are stored or parked at any time to examine such vehicles, or to stop such vehicles
13while en route at any time upon the public highways to examine the same and make
14arrests for all violations thereof.
SB93-SSA1, s. 18 15Section 18. 110.07 (1) (b) of the statutes is amended to read:
SB93-SSA1,6,2016 110.07 (1) (b) All municipal judges, judges, district attorneys and law
17enforcement officers shall assist in enforcing this chapter, ss. 167.31 (2) (b) to (c) and
18(d) and 287.81 and chs. 194, 218 and 341 to 351, and orders or rules issued pursuant
19thereto and shall report to the department the disposition of every uniform traffic
20citation issued for cases involving those chapters.
SB93-SSA1, s. 19 21Section 19. 165.25 (12) of the statutes is created to read:
SB93-SSA1,7,222 165.25 (12) Rules regarding concealed weapons licenses. Promulgate by
23rule a list of states that issue a permit, license, approval, or other authorization to
24carry a concealed weapon if the permit, license, approval, or other authorization

1requires, or designates that the holder chose to submit to, a background search that
2is comparable to a background check as defined in s. 175.60 (1) (ac).
SB93-SSA1, s. 20 3Section 20. 165.60 of the statutes is amended to read:
SB93-SSA1,7,11 4165.60 Law enforcement. The department of justice is authorized to enforce
5ss. 101.123 (2), (2m), and (8), 175.60 (17) (b), 944.30, 944.31, 944.33, 944.34, 945.02
6(2), 945.03 (1m), and 945.04 (1m) and ch. 108 and, with respect to a false statement
7submitted or made under s. 175.60 (7) (b) or (15) (b) 2., to enforce s. 946.32
and is
8invested with the powers conferred by law upon sheriffs and municipal police officers
9in the performance of those duties. This section does not deprive or relieve sheriffs,
10constables, and other local police officers of the power and duty to enforce those
11sections, and those officers shall likewise enforce those sections.
SB93-SSA1, s. 21 12Section 21. 165.81 (2) of the statutes is repealed.
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