LRBs0220/1
MGD&TNF:jld:jf
2001 - 2002 LEGISLATURE
ASSEMBLY SUBSTITUTE AMENDMENT 1,
TO 2001 ASSEMBLY BILL 529
October 29, 2001 - Offered by Representatives Pettis and Musser.
AB529-ASA1,1,6
1An Act to renumber and amend 941.23 and 941.235 (2);
to amend 343.17 (6),
2343.19 (1) and 343.50 (4); and
to create 343.14 (2) (j), 343.17 (3) (a) 14., 941.23
3(1), 941.23 (3), 941.235 (2) (b), 941.235 (3), 941.237 (3) (am) and 941.237 (3m)
4of the statutes;
relating to: retired peace officers carrying a weapon and the
5content of operators' licenses and identification cards issued by the department
6of transportation and requiring the exercise of rule-making authority.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
AB529-ASA1,1,108
343.14
(2) (j) A question as to whether, if the applicant is a retired peace officer,
9he or she wishes to have the department include on the license document the
10designation described under s. 343.17 (3) (a) 14.
AB529-ASA1, s. 2
11Section
2. 343.17 (3) (a) 14. of the statutes is created to read:
AB529-ASA1,2,4
1343.17
(3) (a) 14. If the person has requested the inclusion of the designation
2under s. 343.14 (2) (j) and the department has verified that the person is a retired
3peace officer under rules promulgated under sub. (6), a designation that the person
4is a retired peace officer.
AB529-ASA1,2,106
343.17
(6) Rules. Subject to subs. (2) and (3), the department shall promulgate
7rules setting the design and specifications for the license document and subsequent
8changes thereto.
The rules shall also include procedures for verifying whether an
9applicant is a retired peace officer, as defined in s. 941.23 (1) (b), for the purposes of
10the designation under s. 343.17 (3) (a) 14.
AB529-ASA1,2,2412
343.19
(1) If a license issued under this chapter or an identification card issued
13under s. 343.50 is lost or destroyed
or, the name or address named in the license or
14identification card is changed
or, the condition specified in s. 343.17 (3) (a) 12. or 13.
15no longer applies,
or the condition specified in s. 343.17 (3) (a) 14. applies, the person
16to whom the license or identification card was issued may obtain a duplicate thereof
17or substitute therefor upon furnishing proof satisfactory to the department of name
18and date of birth and that the license or identification card has been lost or destroyed
19or that application for a duplicate license or identification card is being made for a
20change of address or name
or, because the condition specified in s. 343.17 (3) (a) 12.
21or 13. no longer applies
, or because the condition specified in s. 343.17 (3) (a) 14.
22applies. If the original license or identification card is found it shall immediately be
23transmitted to the department. Duplicates of nonphoto licenses shall be issued as
24nonphoto licenses.
AB529-ASA1,3,13
1343.50
(4) Application. The application for an identification card shall include
2any information required under ss. 85.103 (2) and 343.14 (2) (a), (b), (bm)
, and (br),
3such further information as the department may reasonably require to enable it to
4determine whether the applicant is entitled by law to an identification card and, for
5applicants who are aged 65 years or older, material, as provided by the department,
6explaining the voluntary program that is specified in s. 71.55 (10) (b). The
7department
shall include on the application form the question described in s. 343.14
8(2) (j) and shall, as part of the application process, take a photograph of the applicant
9to comply with sub. (3). No application may be processed without the photograph
10being taken. Misrepresentations in violation of s. 343.14 (5) are punishable as
11provided in s. 343.14 (9).
The rules promulgated under s. 343.17 (6) for verifying
12whether an applicant is a retired peace officer apply to applications for identification
13cards.
AB529-ASA1, s. 6
14Section
6. 941.23 of the statutes is renumbered 941.23 (2) and amended to
15read:
AB529-ASA1,3,1816
941.23
(2) Any person except a peace officer
or a qualified retired peace officer 17who goes armed with a concealed and dangerous weapon is guilty of a Class A
18misdemeanor.
AB529-ASA1,3,2020
941.23
(1) In this section:
AB529-ASA1,3,2221
(a) "Qualified retired peace officer" means a retired peace officer who meets all
22of the following requirements:
AB529-ASA1,4,223
1. Within the preceding 2-year period, the retired peace officer has successfully
24completed a course of 8 hours or less that is offered by a technical college and that
25covers the safe use and storage of a handgun or an equivalent course. This
1subdivision does not apply during the 2-year period immediately following a retired
2peace officer's retirement from active service as a peace officer.
AB529-ASA1,4,43
2. The retired peace officer holds a valid state identification card that contains
4the designation described in s. 343.17 (3) (a) 14.
AB529-ASA1,4,95
(b) "Retired peace officer" means a person who has retired from active service
6as a peace officer and who, immediately upon retirement from active service,
7qualified for an annuity under the Wisconsin retirement system, the retirement
8system of any 1st class city, or any retirement system established under
chapter 201,
9laws of 1937.
AB529-ASA1,4,1210
(c) "State identification card" means an operator's license issued under ch. 343
11that contains a photograph of the license holder or an identification card issued
12under s. 343.50.
AB529-ASA1,4,1614
941.23
(3) If he or she is carrying a concealed weapon, a qualified retired peace
15officer shall carry his or her state identification card and shall, upon the request of
16any law enforcement officer, display it to the law enforcement officer.
AB529-ASA1, s. 9
17Section
9. 941.235 (2) of the statutes is renumbered 941.235 (2) (intro.) and
18amended to read:
AB529-ASA1,4,1919
941.235
(2) (intro.) This section does not apply to
any of the following:
AB529-ASA1,4,20
20(a) A peace
officers or armed officer.
AB529-ASA1,4,21
21(c) Armed forces or military personnel who go armed in the line of duty
or to any.
AB529-ASA1,4,24
22(d) Any person duly authorized by the chief of police of any city, village or town,
23the chief of the capitol police or the sheriff of any county to possess a firearm in any
24building under sub. (1).
AB529-ASA1,5,1
1941.235
(2) (b) A qualified retired peace officer, as defined in s. 941.23 (1) (a).
AB529-ASA1,5,63
941.235
(3) If he or she is carrying a firearm in a public building, a qualified
4retired peace officer, as defined in s. 941.23 (1) (a), shall carry his or her state
5identification card, as defined in s. 941.23 (1) (c), and shall, upon the request of any
6law enforcement officer, display it to the law enforcement officer.
AB529-ASA1,5,88
941.237
(3) (am) A qualified retired peace officer, as defined in s. 941.23 (1) (a).
AB529-ASA1,5,1410
941.237
(3m) If he or she is carrying a firearm on any premises for which a
11Class "B" or "Class B" license or permit has been issued under ch. 125, a qualified
12retired peace officer, as defined in s. 941.23 (1) (a), shall carry his or her state
13identification card, as defined in s. 941.23 (1) (c), and shall, upon the request of any
14law enforcement officer, display it to the law enforcement officer.
AB529-ASA1,5,1716
(1)
This act takes effect on the first day of the 4th month beginning after
17publication.
