SB169: Bill Text

SB169,38 Section 38. 175.60 (2) (c) and (d) of the statutes are amended to read:

SB169,11,4 175.60 (2) (c) Unless expressly provided in this section, this section does not limit an individual's right to carry a firearm, whether that firearm is concealed or is not concealed or whether or not the individual is a licensee or an out-of-state licensee.

SB169,11,6 (d) For To the extent permitted under federal law, for purposes of 18 USC 922 (q) (2) (B) (ii), an out-of-state licensee is licensed by this state.

SB169,39 Section 39. 175.60 (2) (e) of the statutes is created to read:

SB169,11,13 175.60 (2) (e) If the federal government creates standards that would allow a license to be recognized by other states and the license issued under this section does not comply with the federal standards, the department shall create an enhanced license that complies with the federal standards. A licensee may request the department to replace his or her license with the enhanced license by submitting proof of meeting the federal standards and a $12 replacement fee.

SB169,40 Section 40. 175.60 (2g) of the statutes is repealed.

SB169,41 Section 41. 175.60 (2m) (a) of the statutes is amended to read:

SB169,11,19 175.60 (2m) (a) Subject to pars. (am), (b), (bm), (c), and (d), the department shall design a single license document for licenses issued and renewed under this section. The department shall complete the design of the license document no later than September 1, 2011.

SB169,42 Section 42. 175.60 (2m) (am) of the statutes is created to read:

SB169,11,23 175.60 (2m) (am) The license document issued under this section shall contain a notation indicating the license is basic for an applicant who applies without providing proof of training as described under sub. (4) (a).

SB169,43 Section 43. 175.60 (2m) (bm) of the statutes is repealed.

SB169,44 Section 44. 175.60 (3) (f) of the statutes is repealed.

SB169,45 Section 45. 175.60 (3) (g) of the statutes is repealed.

SB169,46 Section 46. 175.60 (4) (a) (intro.) and (5) (a) (intro.) and 1. of the statutes are amended to read:

SB169,12,5 175.60 (4) (a) (intro.) The proof of training requirement under sub. (7) (e) for a license that is not a basic license may be met by any of the following:

SB169,12,13 (5) (a) (intro.) The department shall design an application form for use by individuals who apply for a license under this section and a renewal form for use by individuals applying for renewal of a license under sub. (15). The department shall complete the design of the application form no later than September 1, 2011, and shall complete the design of the renewal form no later than July 1, 2014. The forms shall require the applicant to provide only his or her name, address, date of birth, state identification card number, race, sex, height, and eye color and shall include all of the following:

SB169,12,15 1. A statement that the applicant is ineligible for a license if sub. (3) (a), (b), (c), (d), or (e), (f), or (g) applies to the applicant.

SB169,47 Section 47. 175.60 (5) (a) 1m. of the statutes is created to read:

SB169,12,19 175.60 (5) (a) 1m. A statement that the applicant is eligible only for a basic license if the applicant does not provide proof of training as described under sub. (4) (a).

SB169,48 Section 48. 175.60 (5) (a) 6. of the statutes is amended to read:

SB169,13,2 175.60 (5) (a) 6. A statement of the places under sub. (16) where a licensee is prohibited from carrying a weapon, as well as an An explanation of the provisions under sub. (15m) and ss. s. 943.13 (1m) (c) and 948.605 (2) (b) 1r. (1n) that could limit the places where the licensee may carry a weapon, with a place for the applicant to sign his or her name to indicate that he or she has read and understands the statement.

SB169,49 Section 49. 175.60 (7) (e) and (9) (b) 2. of the statutes are amended to read:

SB169,13,5 175.60 (7) (e) Proof Unless the individual is applying for a basic license, proof of training as described under sub. (4) (a).

SB169,13,9 (9) (b) 2. Deny the application, but only if sub. (3) (a), (b), (c), (d), or (e), (f), or (g) applies to the applicant. If the department denies the application, the department shall inform the applicant in writing, stating the reason and factual basis for the denial.

SB169,50 Section 50. 175.60 (11) (b) 1. of the statutes is renumbered 175.60 (11) (b) and amended to read:

SB169,13,15 175.60 (11) (b) No later than 30 days after changing his or her address, a licensee shall inform the department of the new address. The department shall include the individual's new address in the list under sub. (12) (a). The penalty under s. 939.61 does not apply to a violation under this paragraph.

SB169,51 Section 51. 175.60 (11) (b) 2., 3. and 4. of the statutes are repealed.

SB169,52 Section 52. 175.60 (12) (b) 1. a. and b. of the statutes are renumbered 175.60 (12) (b) 2. a. and b.

SB169,53 Section 53. 175.60 (12) (b) 2. of the statutes is renumbered 175.60 (12) (b) 2. (intro.) and amended to read:

SB169,13,23 175.60 (12) (b) 2. (intro.) A person who is a law enforcement officer in a state other than Wisconsin may request and be provided information under subd. 1. a. and b. only for one of the following purposes:

SB169,54 Section 54. 175.60 (12) (b) 2. c. of the statutes is created to read:

SB169,14,2 175.60 (12) (b) 2. c. To confirm that the individual holds a license that is not a basic license.

SB169,55 Section 55. 175.60 (12g) (a) 4. of the statutes is created to read:

SB169,14,6 175.60 (12g) (a) 4. If the law enforcement agency is not a Wisconsin law enforcement agency, to confirm if the individual holds a license that is not a basic license.

SB169,56 Section 56. 175.60 (13) (title) of the statutes is amended to read:

SB169,14,8 175.60 (13) (title) Lost or destroyed Replacement license.

SB169,57 Section 57. 175.60 (13) of the statutes is renumbered 175.60 (13) (a).

SB169,58 Section 58. 175.60 (13) (b) of the statutes is created to read:

SB169,14,16 175.60 (13) (b) A licensee who possesses a basic license may exchange the basic license for a replacement license that is not a basic license if the licensee submits to the department a statement requesting a replacement license, proof of training as described under sub. (4) (a), and a $12 replacement fee. The department shall issue a replacement license to the licensee within 14 days of receiving the statement, proof, and fee.

SB169,59 Section 59. 175.60 (14) (a) and (am) of the statutes are amended to read:

SB169,14,22 175.60 (14) (a) The department shall revoke a license issued under this section if the department determines that sub. (3) (b), (c), or (e), (f), or (g) applies to the licensee. Unless the license is a basic license, the department shall revoke a license issued under this section if the department determines that the licensee has not met the training requirements under sub. (4) (a).

SB169,15,5 (am) The department shall suspend a license issued under this section if a court has prohibited the licensee from possessing a dangerous weapon under s. 969.02 (3) (c) or 969.03 (1) (c). If the individual whose license was suspended is no longer subject to the prohibition under s. 969.02 (3) (c) or 969.03 (1) (c), whichever is applicable, sub. (3) (b), (c), (d), or (e), (f), or (g) does not apply to the individual, and the suspended license would not have expired under sub. (15) (a) had it not been suspended, the department shall restore the license within 5 business days of notification that the licensee is no longer subject to the prohibition.

SB169,60 Section 60 . 175.60 (15m) of the statutes is renumbered 103.08 and amended to read:

SB169,15,13 103.08 Employer restrictions on carrying a weapon. (1) Except as provided in par. (b) sub. (2), an employer may prohibit a licensee or an out-of-state licensee that it employs an employee 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 employee's employment or during any part of the licensee's or out-of-state licensee's employee's course of employment.

SB169,15,20 (2) An employer may not prohibit a licensee or an out-of-state licensee an employee, as a condition of employment, from carrying a concealed weapon, a particular type of concealed weapon, or ammunition or from storing a weapon, a particular type of weapon, or ammunition in the licensee's or out-of-state licensee's employee's own motor vehicle, regardless of whether the motor vehicle is used in the course of employment or whether the motor vehicle is driven or parked on property used by the employer.

SB169,61 Section 61. 175.60 (16) of the statutes is repealed.

SB169,62 Section 62. 175.60 (17) (a), (ac) and (b) of the statutes are repealed.

SB169,63 Section 63. 175.60 (21) (c) of the statutes is renumbered 103.08 (3) and amended to read:

SB169,16,3 103.08 (3) An employer that does not prohibit one or more employees from carrying a concealed weapon under sub. (15m) (1) is immune from any liability arising from its decision.

SB169,64 Section 64. 345.11 (1s) of the statutes is amended to read:

SB169,16,7 345.11 (1s) The uniform traffic citation shall be used by a traffic officer employed under s. 110.07 for a violation of s. 167.31 (2) (b), (c) or (d) when committed on a highway.

SB169,65 Section 65. 345.20 (2) (f) of the statutes is amended to read:

SB169,16,13 345.20 (2) (f) Sections 23.50 to 23.85 apply to actions in circuit court to recover forfeitures and weapons surcharges imposed under ch. 814 for violations of s. 167.31 (2) (b), (c), or (d). No points may be assessed against the driving record of a person convicted of a violation of s. 167.31 (2) (b), (c), or (d). The report of conviction shall be forwarded to the department.

SB169,66 Section 66. 440.26 (3m) of the statutes is repealed.

SB169,67 Section 67. 895.527 (5) (a) of the statutes is amended to read:

SB169,16,18 895.527 (5) (a) Section 167.30 (1), or 941.20 (1) (d) or 948.605 or any rule promulgated under those sections regulating or prohibiting the discharge of firearms.

SB169,68 Section 68. 938.34 (14q) of the statutes is amended to read:

SB169,17,4 938.34 (14q) Certain bomb scares and firearm violations. In addition to any other disposition imposed under this section, if the juvenile is found to have violated s. 947.015 and the property involved is owned or leased by the state or any political subdivision of the state, or if the property involved is a school premises, as defined in s. 948.61 (1) (c), or if the juvenile is found to have violated s. 941.235 or 948.605, immediately suspend the juvenile's operating privilege, as defined in s. 340.01 (40), for 2 years. The court shall immediately forward to the department of transportation the notice of suspension, stating that the suspension is for a violation of s. 947.015 involving school premises, or for a violation of s. 941.235 or 948.605. If otherwise eligible, the juvenile is eligible for an occupational license under s. 343.10.

SB169,69 Section 69. 938.78 (3) of the statutes is amended to read:

SB169,18,2 938.78 (3) Release of information when escape or absence; rules. If a juvenile adjudged delinquent under s. 48.12, 1993 stats., or s. 938.12 or found to be in need of protection or services under s. 48.13 (12), 1993 stats., or s. 48.13 (14), 1993 stats., or s. 938.13 (12) or (14) on the basis of a violation of s. 943.23 (1m) or (1r), 1999 stats., or s. 941.10, 941.11, 941.20, 941.21, 941.23, 941.231, 941.235, 941.237, 941.26, 941.28, 941.295, 941.298, 941.30, 941.31, 941.32, 941.325, 943.02, 943.03, 943.04, 943.10 (2) (a), 943.23 (1g), 943.32 (2), 948.02, 948.025, 948.03, 948.05, 948.055, 948.085 (2), 948.60, 948.605, or 948.61 or any crime specified in ch. 940 has escaped from a juvenile correctional facility, residential care center for children and youth, inpatient facility, as defined in s. 51.01 (10), juvenile detention facility, or juvenile portion of a county jail, or from the custody of a peace officer or a guard of such a facility, center, or jail, or has been allowed to leave a juvenile correctional facility, residential care center for children and youth, inpatient facility, juvenile detention facility, or juvenile portion of a county jail for a specified time period and is absent from the facility, center, home, or jail for more than 12 hours after the expiration of the specified period, the department of corrections or county department, whichever has supervision over the juvenile, may release the juvenile's name and any information about the juvenile that is necessary for the protection of the public or to secure the juvenile's return to the facility, center, home, or jail. The department of corrections shall promulgate rules establishing guidelines for the release of the juvenile's name or information about the juvenile to the public.

SB169,70 Section 70. 939.22 (10) of the statutes is amended to read:

SB169,18,10 939.22 (10) “Dangerous weapon" means any firearm, whether loaded or unloaded; any device designed as a weapon and capable of producing death or great bodily harm; any ligature or other instrumentality used on the throat, neck, nose, or mouth of another person to impede, partially or completely, breathing or circulation of blood; any electric weapon, as defined in s. 941.295 (1c) (a); or any other device or instrumentality which, in the manner it is used or intended to be used, is calculated or likely to produce death or great bodily harm.

SB169,71 Section 71. 939.22 (11m) of the statutes is created to read:

SB169,18,14 939.22 (11m) “Electric weapon” means any device that is designed, redesigned, used, or intended to be used, offensively or defensively, to immobilize or incapacitate persons by the use of electric current.

SB169,72 Section 72. 939.22 (13) of the statutes is created to read:

SB169,18,16 939.22 (13) “Firearm" has the meaning given in s. 167.31 (1) (c).

SB169,73 Section 73. 939.22 (20s) of the statutes is repealed.

SB169,74 Section 74. 939.32 (1) (e) of the statutes is repealed.

SB169,75 Section 75. 939.632 (1) (e) 3. of the statutes is amended to read:

SB169,18,21 939.632 (1) (e) 3. Any misdemeanor under s. 940.19 (1), 940.225 (3m), 940.32 (2), 940.42, 940.44, 941.20 (1), 941.23, 941.231, 941.235, or 941.38 (3).

SB169,76 Section 76. 941.23 of the statutes is repealed.

SB169,77 Section 77. 941.235 of the statutes is repealed.

SB169,78 Section 78. 941.237 (1) (intro.) and (e) of the statutes are consolidated, renumbered 941.237 (1) and amended to read:

SB169,19,2 941.237 (1) In this section: (e) “Premises", “premises” has the meaning given in s. 125.02 (14m), but excludes any area primarily used as a residence.

SB169,79 Section 79. 941.237 (1) (a) to (dr) and (em) to (g) of the statutes are repealed.

SB169,80 Section 80. 941.237 (2) of the statutes is amended to read:

SB169,19,7 941.237 (2) Whoever intentionally goes armed with a handgun on any premises for which a Class “B" or “Class B" license or permit has been issued under ch. 125, while consuming alcohol on the premises, is guilty of a Class A misdemeanor.

SB169,81 Section 81. 941.237 (3) of the statutes is repealed.

SB169,82 Section 82. 941.295 of the statutes is repealed and recreated to read:

SB169,19,12 941.295 Possession of electric weapon. A person prohibited from possessing a firearm under s. 941.29 who sells, transports, manufactures, possesses, or goes armed with any electric weapon is guilty of a Class H felony.

SB169,83 Section 83. 941.299 (1) (a) of the statutes is amended to read:

SB169,19,16 941.299 (1) (a) “Correctional officer" has the meaning given in s. 941.237 (1) (b) means any person employed by the state or any political subdivision as a guard or officer whose principal duties are the supervision and discipline of inmates.

SB169,84 Section 84. 943.13 (1e) (g) of the statutes is created to read:

SB169,19,18 943.13 (1e) (g) “School” has the meaning given in s. 948.61 (1) (b).

SB169,85 Section 85. 943.13 (1m) (c) 2. and 4. of the statutes are amended to read:

SB169,20,6 943.13 (1m) (c) 2. While carrying a firearm, enters or remains in any part of a nonresidential building, grounds of a nonresidential building, or land that the actor does not own or occupy after the owner of the building, grounds, or land, if that part of the building, grounds, or land has not been leased to another person, or the occupant of that part of the building, grounds, or land has notified the actor not to enter or remain in that part of the building, grounds, or land while carrying a firearm or with that type of firearm. This subdivision does not apply to a part of a building, grounds, or land occupied by a school or by the state or by a local governmental unit,; to a privately or publicly owned building on the grounds of a university or college,; or to the grounds of or land owned or occupied by a university or college,; or, if the firearm is in a vehicle driven or parked in the parking facility, to any part of a building, grounds, or land used as a parking facility.

SB169,20,14 4. While carrying a firearm, enters or remains in any part of a building that is owned, occupied, or controlled by the state or any local governmental unit, excluding any building or portion of a building under s. 175.60 (16) (a) a school, if the state or local governmental unit has notified the actor not to enter or remain in the building while carrying a firearm or with that type of firearm. This subdivision does not apply to a person who leases residential or business premises in the building or, if the firearm is in a vehicle driven or parked in the parking facility, to any part of the building used as a parking facility.

SB169,86 Section 86. 943.13 (1n) of the statutes is created to read:

SB169,20,21 943.13 (1n) (a) A person who, while carrying a firearm, enters or remains in a building that is owned or leased by a school is guilty of a Class C misdemeanor if the school has notified the person not to enter or remain in the building while carrying a firearm or with that type of firearm. This paragraph does not apply to a building, or part of a building, used for parking if the firearm is in a vehicle driven or parked in that building or part of the building.