LRB-4156/1
FFK:amn
2017 - 2018 LEGISLATURE
September 14, 2017 - Introduced by Senators Tiffany, Moulton, Olsen,
LeMahieu, Marklein and Stroebel, cosponsored by Representatives
Kleefisch, Ballweg, Edming, Gannon, Felzkowski, Horlacher, Jarchow,
Katsma, Milroy, Mursau, Ripp, Tusler, Thiesfeldt and E. Brooks. Referred
to Committee on Judiciary and Public Safety.
SB402,1,4 1An Act to renumber and amend 120.13 (1) (bm) and 120.13 (1) (c) 2m.; and to
2create
120.13 (1) (bm) 2., 120.13 (1) (bm) 3., 120.13 (1) (c) 2m. b. and 120.13 (1)
3(c) 2m. c. of the statutes; relating to: suspending and expelling a pupil for
4possession of a firearm at school.
Analysis by the Legislative Reference Bureau
This bill creates two exceptions to the general requirement that a school board
must suspend and expel a pupil if the school board determines the pupil possessed
a firearm at school or while under the supervision of the school board. The first
exception created under this bill is for a firearm that is lawfully stored inside a locked
vehicle on school property. The second exception applies to the possession of a
firearm for an activity approved and authorized by the school board if the school
board adopts appropriate safeguards to ensure pupil safety. Under current law,
there is an exception for the possession of a firearm while legally hunting in a school
forest, if the school district allows firearms in the school forest. Current law also
allows a school board to make modifications to the requirement to expel a pupil on
a case-by-case basis.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
SB402,1
1Section 1. 120.13 (1) (bm) of the statutes is renumbered 120.13 (1) (bm) (intro.)
2and amended to read:
SB402,2,83 120.13 (1) (bm) (intro.) The school district administrator or any principal or
4teacher designated by the school district administrator shall suspend a pupil under
5par. (b) if the school district administrator, principal, or teacher determines that the
6pupil, while at school or while under the supervision of a school authority, possessed
7a firearm, as defined in 18 USC 921 (a) (3). This paragraph does not apply to the any
8of the following:
SB402,2,10 91. The possession of a firearm while legally hunting in a school forest if allowed
10under s. 120.13 (38).
SB402,2 11Section 2. 120.13 (1) (bm) 2. of the statutes is created to read:
SB402,2,1312 120.13 (1) (bm) 2. A firearm that is lawfully stored inside a locked vehicle on
13school property.
SB402,3 14Section 3. 120.13 (1) (bm) 3. of the statutes is created to read:
SB402,2,1715 120.13 (1) (bm) 3. The possession of a firearm for an activity approved and
16authorized by the school district if the school district adopts appropriate safeguards
17to ensure pupil safety.
SB402,4 18Section 4. 120.13 (1) (c) 2m. of the statutes is renumbered 120.13 (1) (c) 2m.
19(intro.) and amended to read:
SB402,2,2520 120.13 (1) (c) 2m. (intro.) The school board shall commence proceedings under
21subd. 3. and expel a pupil from school for not less than one year whenever it finds that
22the pupil, while at school or while under the supervision of a school authority,
23possessed a firearm, as defined in 18 USC 921 (a) (3). Annually, the school board
24shall report to the department the information specified under 20 USC 8921 (d) (1)
25and (2). This subdivision does not apply to the any of the following:
SB402,3,2
1a. The possession of a firearm while legally hunting in a school forest if allowed
2under s. 120.13 (38).
SB402,5 3Section 5. 120.13 (1) (c) 2m. b. of the statutes is created to read:
SB402,3,54 120.13 (1) (c) 2m. b. A firearm that is lawfully stored inside a locked vehicle on
5school property.
SB402,6 6Section 6. 120.13 (1) (c) 2m. c. of the statutes is created to read:
SB402,3,97 120.13 (1) (c) 2m. c. The possession of a firearm for an activity approved and
8authorized by the school district if the school district adopts appropriate safeguards
9to ensure pupil safety.
SB402,3,1010 (End)
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