AB68: Bill Text

AB68,1289,21 175.35 (2g) (a) The department of justice shall promulgate rules prescribing procedures for use under sub. (2) (cm) 1. for a transferee to provide and a firearms dealer to inspect identification containing a photograph of the transferee.

AB68,2373 Section 2373 . 175.35 (2g) (b) 1. of the statutes is amended to read:

AB68,1290,3 175.35 (2g) (b) 1. The department of justice shall promulgate rules prescribing a notification form for use under sub. (2) (cm) 2. and 3. requiring the transferee to provide his or her name, date of birth, gender, race and social security number and other identification necessary to permit an accurate firearms restrictions record search under par. (c) 3. and the required notification under par. (c) 4. The department of justice shall make the forms available at locations throughout the state.

AB68,2374 Section 2374 . 175.35 (2g) (b) 2. of the statutes is amended to read:

AB68,1290,10 175.35 (2g) (b) 2. The department of justice shall ensure that each notification form under subd. 1. requires the transferee to indicate that he or she is not purchasing receiving a transfer of the firearm with the purpose or intent to transfer the firearm to a person who is prohibited from possessing a firearm under state or federal law and that each notification form informs the transferee that making a false statement with regard to this purpose or intent is a Class H felony.

AB68,2375 Section 2375 . 175.35 (2i) of the statutes is renumbered 175.35 (2i) (a) and amended to read:

AB68,1290,15 175.35 (2i) (a) The department shall charge a firearms dealer a $10 fee for each firearms restrictions record search that the firearms dealer requests under sub. (2) (c) (cm) 3.

AB68,1290,16 (b) 1. The firearms dealer may collect the fee under par. (a) from the transferee.

AB68,1290,19 (c) The department may refuse to conduct firearms restrictions record searches for any firearms dealer who fails to pay any fee under this subsection par. (a) within 30 days after billing by the department.

AB68,2376 Section 2376 . 175.35 (2i) (b) 2. of the statutes is created to read:

AB68,1290,23 175.35 (2i) (b) 2. If the transfer is made under sub. (2) (bm), the firearms dealer may collect from the transferor the fee under par. (a) and any additional amount to cover any costs he or she incurs in processing the transfer.

AB68,2377 Section 2377 . 175.35 (2j) of the statutes is renumbered 175.35 (2j) (a).

AB68,2378 Section 2378 . 175.35 (2j) (b) of the statutes is created to read:

AB68,1291,4 175.35 (2j) (b) If a person transfers a firearm through a firearms dealer under sub. (2) (bm), or transfers a firearm to a firearms dealer, the firearms dealer shall provide the person a written receipt documenting the dealer's participation in the transfer.

AB68,2379 Section 2379 . 175.35 (2k) (ar) 2. of the statutes is amended to read:

AB68,1291,13 175.35 (2k) (ar) 2. Check each notification form received under sub. (2j) (a) against the information recorded by the department regarding the corresponding request for a firearms restrictions record search under sub. (2g). If the department previously provided a unique approval number regarding the request and nothing in the completed notification form indicates that the transferee is prohibited from possessing a firearm under s. 941.29, the department shall destroy all records regarding that firearms restrictions record search within 30 days after receiving the notification form.

AB68,2380 Section 2380 . 175.35 (2k) (c) 2. a. of the statutes is amended to read:

AB68,1291,17 175.35 (2k) (c) 2. a. A statement that the Wisconsin law enforcement agency is conducting an investigation of a crime in which a handgun firearm was used or was attempted to be used or was unlawfully possessed.

AB68,2381 Section 2381 . 175.35 (2k) (c) 2. b. of the statutes is amended to read:

AB68,1291,22 175.35 (2k) (c) 2. b. A statement by a division commander or higher authority within the Wisconsin law enforcement agency that he or she has a reasonable suspicion that the person who is the subject of the information request has obtained or is attempting to obtain a handgun firearm.

AB68,2382 Section 2382 . 175.35 (2k) (g) of the statutes is amended to read:

AB68,1292,2 175.35 (2k) (g) If a search conducted under sub. (2g) indicates that the transferee is prohibited from possessing a firearm under s. 941.29, the attorney general or his or her designee may disclose to a law enforcement agency that the transferee has attempted to obtain a handgun firearm.

AB68,2383 Section 2383 . 175.35 (2k) (h) of the statutes is amended to read:

AB68,1292,9 175.35 (2k) (h) If a search conducted under sub. (2g) indicates a felony charge without a recorded disposition and the attorney general or his or her designee has reasonable grounds to believe the transferee may pose a danger to himself, herself or another, the attorney general or his or her designee may disclose to a law enforcement agency that the transferee has obtained or has attempted to obtain a handgun firearm.

AB68,2384 Section 2384 . 175.35 (2L) of the statutes is amended to read:

AB68,1292,17 175.35 (2L) The department of justice shall promulgate rules providing for the review of nonapprovals under sub. (2g) (c) 4. a. Any person who is denied the right to purchase receive a transfer of a handgun firearm because the firearms dealer received a nonapproval number under sub. (2g) (c) 4. a. may request a firearms restrictions record search review under those rules. If the person disagrees with the results of that review, the person may file an appeal under rules promulgated by the department.

AB68,2385 Section 2385 . 175.35 (2t) (a), (b) and (c) of the statutes are amended to read:

AB68,1292,20 175.35 (2t) (a) Transfers of any handgun firearm classified as an antique by regulations of the U.S. department of the treasury.

AB68,1292,22 (b) Transfers of any handgun firearm between firearms dealers or between wholesalers and dealers.

AB68,1292,24 (c) Transfers of any handgun firearm to law enforcement or armed services agencies.

AB68,2386 Section 2386 . 175.35 (3) (b) 2. of the statutes is amended to read:

AB68,1293,6 175.35 (3) (b) 2. A person who violates sub. (2e) by intentionally providing false information regarding whether he or she is purchasing receiving a transfer of the firearm with the purpose or intent to transfer the firearm to another who the person knows or reasonably should know is prohibited from possessing a firearm under state or federal law is guilty of a Class H felony. The penalty shall include a fine that is not less than $500.

AB68,2387 Section 2387. 175.405 of the statutes is repealed.

AB68,2388 Section 2388 . 175.60 (7) (d) of the statutes is amended to read:

AB68,1293,10 175.60 (7) (d) A fee for a background check that is equal to the fee charged under s. 175.35 (2i) (a).

AB68,2389 Section 2389 . 175.60 (9g) (a) 2. of the statutes is amended to read:

AB68,1294,4 175.60 (9g) (a) 2. The department shall conduct a criminal history record search and shall search its records and conduct a search in the national instant criminal background check system to determine whether the applicant is prohibited from possessing a firearm under federal law; whether the applicant is prohibited from possessing a firearm under s. 941.29; whether the applicant is prohibited from possessing a firearm under s. 51.20 (13) (cv) 1., 2007 stats.; whether the applicant has been ordered not to possess a firearm under s. 51.20 (13) (cv) 1., 51.45 (13) (i) 1., 54.10 (3) (f) 1., or 55.12 (10) (a); whether the applicant is subject to an injunction under s. 813.12 or 813.122, or a tribal injunction, as defined in s. 813.12 (1) (e), issued by a court established by any federally recognized Wisconsin Indian tribe or band, except the Menominee Indian tribe of Wisconsin, that includes notice to the respondent that he or she is subject to the requirements and penalties under s. 941.29 and that has been filed with the circuit court under s. 813.128 (3g); and whether the applicant is prohibited from possessing a firearm under s. 813.123 (5m), 813.124 (2t) or (3), or 813.125 (4m); and to determine if the court has prohibited the applicant from possessing a dangerous weapon under s. 969.02 (3) (c) or 969.03 (1) (c) and if the applicant is prohibited from possessing a dangerous weapon as a condition of release under s. 969.01.

AB68,2390 Section 2390 . 175.60 (15) (b) 4. b. of the statutes is amended to read:

AB68,1294,7 175.60 (15) (b) 4. b. A fee for a background check that is equal to the fee charged under s. 175.35 (2i) (a).

AB68,2391 Section 2391. 175.65 of the statutes is created to read:

AB68,1294,11 175.65 Law enforcement agency employment files. Each Wisconsin law enforcement agency, as defined in s. 165.85 (2) (bv), shall keep an employment file, as defined in s. 165.85 (2) (ap), for each person the agency employs.

AB68,2392 Section 2392 . 182.004 (6) of the statutes is amended to read:

AB68,1294,18 182.004 (6) Stock may be issued and leases made to husband and wife spouses, and to the survivor of them, in which event title shall descend the same as in like conveyances of real property subject to ch. 766. Otherwise, title to the stock and lease shall descend to the persons to whom a homestead of the stockholder would descend except as provided in ch. 766. The interest of a tenant in the lease and stock shall be exempt from execution to the same extent as a homestead in real estate.

AB68,2393 Section 2393 . 182.01 (7) of the statutes is created to read:

AB68,1294,22 182.01 (7) Information to be provided with business formation filings. The department shall provide informational materials and resources on worker misclassification to each person who files with the department any of the following:

AB68,1294,23 (a) Articles of incorporation under s. 180.0202 or 181.0202.

AB68,1294,24 (b) Articles of organization under s. 183.0202.

AB68,1294,25 (c) A statement of qualification under s. 178.0901.

AB68,1295,1 (d) A certificate of limited partnership under s. 179.11.

AB68,2394 Section 2394. 182.0172 of the statutes is created to read:

AB68,1295,4 182.0172 Electric providers using easements to provide broadband. (1) In this section:

AB68,1295,7 (a) 1. “Broadband infrastructure” means any of the following that can be used to facilitate, directly or indirectly, originate, send, and receive high-quality voice, data, graphics, video, and video programming communications:

AB68,1295,8 a. Materials.

AB68,1295,9 b. Wires.

AB68,1295,11 c. Cables, including fiber optic and copper cables regardless of whether the cables are dark or lit and whether the cables are in use or dormant.

AB68,1295,12 d. Conduits.

AB68,1295,13 e. Antennas.

AB68,1295,14 f. Equipment.

AB68,1295,15 g. Fixtures.

AB68,1295,16 h. Switching multiplexers.

AB68,1295,17 i. Poles.

AB68,1295,18 j. Routers.

AB68,1295,19 k. Switches.

AB68,1295,20 L. Servers.

AB68,1295,21 m. Appurtenances.

AB68,1295,22 n. Facilities.

AB68,1295,23 o. Ancillary or auxiliary equipment.

AB68,1295,25 2. “Broadband infrastructure” does not include new poles or new towers that are used exclusively for providing broadband services.

AB68,1296,1 (b) “Electric provider” means any of the following:

AB68,1296,3 1. A public utility, as defined in s. 196.01 (5), that generates, transmits, or distributes electric energy at wholesale or retail.

AB68,1296,6 2. A cooperative association incorporated under ch. 185 to do business in this state that carries on the business of generating, transmitting, or distributing electric energy to its members at wholesale or retail.

AB68,1296,8 (2) (a) 1. An electric provider may use an easement that it holds for any of the following purposes:

AB68,1296,11 a. Installing or maintaining broadband infrastructure to provide broadband services or allowing a supplier of broadband services to install or maintain broadband infrastructure to provide broadband services.

AB68,1296,13 b. Leasing or providing to a supplier of broadband services any excess capacity in the electric provider's broadband infrastructure.

AB68,1296,16 2. This paragraph does not exempt, except, or exclude an electric provider or supplier of broadband services from complying with any provision of state or federal law applicable to siting broadband infrastructure or providing broadband services.

AB68,1296,19 (b) Except as provided in par. (c) 1., terms or conditions of an easement held by an electric provider that inhibit the electric provider from using the easement for a purpose under par. (a) do not apply.

AB68,1296,21 (c) Paragraphs (a) and (b) do not apply to an easement that does any of the following:

AB68,1296,23 1. Expressly prohibits, by its terms, using the easement for a purpose under par. (a).

AB68,1296,24 2. Applies to property owned by the state or a city, village, town, or county.

AB68,1297,2 (3) (a) In this subsection, “owner” means a person who owns a fee simple or life estate interest in land or who is a land contract vendee.

AB68,1297,7 (b) At least 30 days before first using an easement for a purpose under sub. (2) (a), an electric provider shall make a reasonable attempt to mail a notice to the owner of the property subject to the easement, as determined from records of the office of the register of deeds of the county in which the property subject to the easement is located, by mailing a notice to at least one of the following:

AB68,1297,8 1. The last known address for the owner of the property subject to the easement.

AB68,1297,10 2. The address listed with the county real property lister for the owner of the property subject to the easement.

AB68,1297,13 3. The registered agent office or principal office listed in the records of the department of financial institutions for the owner of the property subject to the easement.

AB68,1297,16 (c) If an electric provider is unable to identify an address to mail a notice under par. (b), the electric provider shall publish a class 1 notice under ch. 985 at least 30 days before first using an easement for a purpose under sub. (2) (a).

AB68,1297,18 (d) An electric provider shall include all of the following in a notice under par. (b) or (c):

AB68,1297,21 1. An identification of the property subject to the easement, which may be made by reference to the property address, by reference to the tax parcel number of the property, by map, or by legal description.

AB68,1297,23 2. A statement that the electric provider intends to install broadband infrastructure or use existing infrastructure to make broadband service available.

AB68,1297,25 3. An estimate of when the electric provider intends to install or begin using infrastructure under subd. 2.