Amendment ASA3-AB529

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MGD:cs:ch&pg&rs

2001 - 2002 LEGISLATURE

ASSEMBLY SUBSTITUTE AMENDMENT 3, TO 2001 ASSEMBLY BILL 529

November 1, 2001 - Offered by Representatives Schneider and Reynolds.

AB529-ASA3,1,6 An Act to renumber and amend 941.23; to amend 25.29 (1) (a), 165.82 (2) and 941.235 (2); and to create 20.370 (5) (csr), 20.455 (2) (gp), 29.595, 59.25 (3) (u), 167.31 (4) (ar), 175.50, 440.26 (3r), 941.23 (2), 941.295 (2) (bm) and 948.605 (2) (b) 4m. of the statutes; relating to: licenses to carry a concealed weapon, granting rule-making authority, making appropriations, and providing penalties.

The people of the state of Wisconsin, represented in senate and assembly, do enact as follows:

AB529-ASA3, s. 1 Section 1. 20.370 (5) (csr) of the statutes is created to read:

AB529-ASA3,1,11 20.370 (5) (csr) Recreation aids — grants for shooting ranges. All moneys received from the shooting range improvement fee under s. 175.50 (7) (bp) and (15) (b) 4. c. for the purpose of making grants and administering the grant program under s. 29.595.

AB529-ASA3, s. 2 Section 2. 20.455 (2) (gp) of the statutes is created to read:

AB529-ASA3,2,3 20.455 (2) (gp) Concealed weapons licenses background check. All moneys received as fee payments under s. 175.50 (7) (bh) and (15) (b) 4. b. to provide services under s. 175.50.

AB529-ASA3, s. 3 Section 3. 25.29 (1) (a) of the statutes is amended to read:

AB529-ASA3,2,10 25.29 (1) (a) Except as provided in ss. 25.293 and 25.295, all moneys accruing to the state for or in behalf of the department under chs. 26, 27, 28, 29 and 350, subchs. I and VI of ch. 77 and ss. 23.09 to 23.31, 23.325 to 23.42, 23.50 to 23.99, 30.50 to 30.55, 70.58, 71.10 (5) and, 71.30 (10), and 175.50 (7) (bp) and (15) (b) 4. c., including grants received from the federal government or any of its agencies except as otherwise provided by law.

AB529-ASA3, s. 4 Section 4. 29.595 of the statutes is created to read:

AB529-ASA3,2,15 29.595 Grants for shooting ranges. (1) The department may award grants to persons for construction or improvement of shooting ranges. A grant awarded under this section shall be paid from the appropriation account under s. 20.370 (5) (csr).

AB529-ASA3,2,18 (2) A grant awarded under this section may be for up to 50% of the cost of the construction or improvement of the shooting range. A grant awarded under this section may not be used to pay for any of the following:

AB529-ASA3,2,20 (a) The construction of clubhouses and facilities that are not essential to the operation of the shooting range.

AB529-ASA3,2,21 (b) The operation and maintenance of the shooting range.

AB529-ASA3,2,25 (3) In order to receive a grant under this section, the person creating or improving a shooting range shall agree to provide, for a fee of not more than $20, a firearm safety course that will qualify an individual to satisfy the requirements under s. 175.50 (3) (i) for a license to carry a concealed weapon.

AB529-ASA3,3,4 (4) In determining whether to make a grant under this section, the department shall consider the potential of the project to meet the needs of firearm safety courses in the area served by the shooting range relative to the proposed cost of the construction or improvement.

AB529-ASA3,3,6 (5) The department shall promulgate rules establishing a procedure for applying for grants under this section.

AB529-ASA3, s. 5 Section 5. 59.25 (3) (u) of the statutes is created to read:

AB529-ASA3,3,10 59.25 (3) (u) 1. Subject to the terms of an agreement under s. 175.50 (2) (c), deposit all moneys received under s. 175.50 (7) (bd), (13), and (15) (b) 4. a. and (d) 1. in the general fund of the county.

AB529-ASA3,3,13 2. Forward all moneys received under s. 175.50 (7) (bh) and (15) (b) 4. b. to the state treasurer for payment of firearms restrictions record searches conducted under s. 175.50 (9g) at the request of the county's sheriff.

AB529-ASA3,3,16 3. Forward all moneys received under s. 175.50 (7) (bp) and (15) (b) 4. c. to the state treasurer for deposit in the conservation fund to be credited to the appropriation account under s. 20.370 (5) (csr).

AB529-ASA3,3,20 4. Subject to the terms of an agreement under s. 175.50 (2) (c), deposit all moneys received from payments made under s. 175.50 (7) (bt) and (15) (b) 4. d. in the law enforcement excellence fund established under s. 175.50 (20) and make payments from the fund for the purposes of s. 175.50 (20) (b).

AB529-ASA3, s. 6 Section 6. 165.82 (2) of the statutes is amended to read:

AB529-ASA3,3,24 165.82 (2) Except as provided in s. ss. 175.35 and 175.50, the department of justice shall not impose fees for criminal history searches for purposes related to criminal justice.

AB529-ASA3, s. 7 Section 7. 167.31 (4) (ar) of the statutes is created to read:

AB529-ASA3,4,2 167.31 (4) (ar) Subsections (2) and (3) do not apply to a person who holds a valid license to carry a concealed weapon issued under s. 175.50.

AB529-ASA3, s. 8 Section 8. 175.50 of the statutes is created to read:

AB529-ASA3,4,5 175.50 License to carry concealed weapon. (1) Definitions. In this section:

AB529-ASA3,4,6 (a) "Department" means the department of justice.

AB529-ASA3,4,7 (am) "Drunk driving offense" means any of the following:

AB529-ASA3,4,8 1. A violation of s. 346.63 or a local ordinance in conformity with that section.

AB529-ASA3,4,10 2. A violation of a law of a federally recognized American Indian tribe or band in this state in conformity with s. 346.63.

AB529-ASA3,4,16 3. A violation of the law of another jurisdiction, as defined in s. 340.01 (41m), that prohibits use of a motor vehicle while intoxicated, while under the influence of a controlled substance, a controlled substance analog, or a combination thereof, with an excess or specified range of alcohol concentration, or under the influence of any drug to a degree that renders the person incapable of safely driving, as those or substantially similar terms are used in that jurisdiction's laws.

AB529-ASA3,4,18 (b) "Firearms restrictions record search" has the meaning given in s. 175.35 (1) (at).

AB529-ASA3,4,19 (c) "Law enforcement officer" has the meaning given in s. 165.85 (2) (c).

AB529-ASA3,4,21 (d) "Licensee" means an individual holding a valid license to carry a concealed weapon issued under this section.

AB529-ASA3,4,22 (e) "Misdemeanor crime of violence" means any of the following:

AB529-ASA3,4,24 1. A misdemeanor violation of chs. 940, 941, or 948 or of s. 947.013 or a violation of s. 947.01.

AB529-ASA3,5,2 2. A crime under federal law or the law of another state that is comparable to a crime described in subd. 1.

AB529-ASA3,5,7 (f) "Weapon" means a handgun, as defined in s. 175.35 (1) (b), an electric weapon, as defined in s. 941.295 (4), a tear gas gun, a knife other than a switchblade knife under s. 941.24, or a billy club. "Weapon" does not include a machine gun, as defined in s. 941.27 (1), a short-barreled rifle, as defined in s. 941.28 (1) (b), or a short-barreled shotgun, as defined in s. 941.28 (1) (c).

AB529-ASA3,5,12 (2) Issuance of license. (a) Except as provided in pars. (b) and (c), each county, through its sheriff, shall issue licenses to carry a concealed weapon to an individual who meets the qualifications specified in subs. (3) and (4) and who completes the application process specified in sub. (7). A license to carry a concealed weapon issued under this section shall meet the requirements specified in sub. (2m).

AB529-ASA3,5,15 (b) A sheriff may, but is not required to, issue licenses to carry a concealed weapon under this section if, before the first day of the 4th month beginning after the effective of this paragraph .... [revisor inserts date], all of the following occur:

AB529-ASA3,5,17 1. The sheriff requests the county board of the sheriff's county to authorize him or her to decline to issue licenses to carry a concealed weapon under this section.

AB529-ASA3,5,20 2. After receiving a request from the sheriff under subd. 1., the county board of the sheriff's county grants the sheriff's request by a two-thirds vote of all the members of the board.

AB529-ASA3,5,24 (c) Any 2 or more sheriffs may by agreement jointly exercise powers granted to them and discharge duties imposed on them under this section. An agreement for joint issuance of licenses to carry a concealed weapon under this section may be entered into at any time and shall satisfy all of the following criteria:

AB529-ASA3,5,25 1. The agreement shall be in writing.

AB529-ASA3,6,2 2. The agreement shall be approved by the county board of the county of each sheriff who is a party to the agreement.

AB529-ASA3,6,5 2m. The agreement shall specify how the powers and duties that are the subject of the agreement are to be allocated among the sheriffs that are parties to the agreement.

AB529-ASA3,6,8 3. The agreement shall specify how costs incurred and moneys received under this section shall be apportioned among the sheriffs who are a party to the agreement and their respective counties.

AB529-ASA3,6,10 4. The agreement shall designate one county to be identified as the county of issuance.

AB529-ASA3,6,14 5. If a sheriff who is party to an agreement has issued licenses under this section before entering into the agreement, the agreement shall provide for the renewal of any licenses that were issued by that sheriff before he or she entered into the agreement.

AB529-ASA3,6,17 (2g) Carrying a concealed weapon; carrying and display of license. (a) A licensee may carry a concealed weapon anywhere in this state except as provided under sub. (16).

AB529-ASA3,6,19 (b) A licensee shall carry his or her license at all times during which he or she is carrying a concealed weapon.

AB529-ASA3,6,22 (c) If he or she is carrying a concealed weapon, a licensee shall display his or her license to a law enforcement officer upon the request of the law enforcement officer.

AB529-ASA3,7,4 (2m) License document; content of license. (a) Subject to pars. (b), (c), and (d), the department shall design the license document for licenses issued under this section. The department shall complete the design of the license document no later than the first day of the 4th month beginning after the effective date of this paragraph .... [revisor inserts date], and shall distribute the design for the license document to any sheriff who issues licenses under sub. (2) (a) or (c) for the sheriff to use for licenses that he or she issues under this section.

AB529-ASA3,7,6 (am) The department shall establish a unique code number for each county of this state for use as a prefix to the identification number required under par. (c) 8.

AB529-ASA3,7,8 (b) A license issued under this section shall be a single document, with the information specified in par. (c) appearing on one side.

AB529-ASA3,7,9 (c) One side of the license document shall include all of the following:

AB529-ASA3,7,10 1. The full name, date of birth, and residence address of the licensee.

AB529-ASA3,7,11 2. A color photograph of the licensee.

AB529-ASA3,7,13 3. A physical description of the licensee, including gender, height, weight, and hair and eye color.

AB529-ASA3,7,14 4. The date on which the license was issued.

AB529-ASA3,7,15 5. The date on which the license expires.

AB529-ASA3,7,16 6. The name of this state.

AB529-ASA3,7,17 7. The name of the county that issues the license.

AB529-ASA3,7,19 8. A unique identification number for each licensee that begins with the code number, established by the department under par. (am), for the county.

AB529-ASA3,7,23 (d) A license document issued under this section shall be, to the maximum extent possible, tamper proof and shall be produced using the same or similar equipment used by the department of transportation to produce an operator's license under s. 343.17.

AB529-ASA3,7,25 (3) Qualifications a person must have to get a license. An individual is eligible for a license under this section if all of the following apply: