Amendment SSA2-SB214

SENATE SUBSTITUTE AMENDMENT 2, TO 2003 SENATE BILL 214

October 22, 2003 - Offered by Joint Committee on Finance.

SB214-SSA2,2,2 An Act to renumber and amend 29.091, 29.621 (4), 941.23, 941.235 (2) and 943.13 (2); to amend 23.33 (3) (e), 29.089 (2), 51.20 (13) (cv) 4., 51.20 (16) (gm), 51.30 (3) (a), 165.82 (1) (intro.), 165.82 (2), 175.35 (1) (at), 175.35 (2) (d), 175.35 (2g) (c) 4. a. and b., 175.35 (2k) (ar) 2., 440.26 (3m), 813.12 (6) (am) 1., 813.12 (6) (am) 2., 813.122 (9) (am) 1., 813.122 (9) (am) 2., 813.125 (5r) (a), 813.125 (5r) (b), 885.235 (1g) (intro.), 938.396 (8), 941.20 (1) (a), 941.20 (1) (b), 941.295 (2) (d), 943.13 (1m) (b) and 943.13 (3); and to create 29.091 (2), 29.621 (4) (b), 55.06 (17) (d), 59.25 (3) (u), 165.25 (11), 167.31 (4) (ar), 175.35 (1) (am), 175.50, 885.235 (1g) (e), 938.396 (8m), 941.20 (1) (bm), 941.23 (1) (a), 941.23 (1) (b), 941.23 (1) (c), 941.23 (2), 941.235 (2) (c), 941.237 (3) (ct), 941.295 (2g), 941.295 (2r), 943.13 (1e) (bm), 943.13 (1e) (g), 943.13 (1m) (c), 943.13 (2) (bm), 946.32 (3), 948.605 (2) (c) and 948.61 (3m) of the statutes; relating to: carrying or going armed with a concealed weapon, background checks for handgun purchases, requiring the exercise of rule-making authority, providing an exemption from rule-making authority, and providing penalties.

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

SB214-SSA2, s. 1 Section 1. 23.33 (3) (e) of the statutes is amended to read:

SB214-SSA2,2,8 23.33 (3) (e) With any firearm in his or her possession unless it is unloaded and enclosed in a carrying case, or. This paragraph does not apply to the possession of a handgun, as defined in s. 175.50 (1) (bm), by a person who holds a valid license to carry a concealed weapon issued under s. 175.50 or by an out-of-state licensee, as defined in s. 175.50 (1) (g).

SB214-SSA2,2,9 (em) With any bow unless it is unstrung or enclosed in a carrying case.

SB214-SSA2, s. 2 Section 2. 29.089 (2) of the statutes is amended to read:

SB214-SSA2,2,16 29.089 (2) Except as provided in sub. (3), no person may have in his or her possession or under his or her control a firearm on land located in state parks or state fish hatcheries unless the firearm is unloaded and enclosed within a carrying case. This subsection does not apply if the firearm is a handgun, as defined in s. 175.50 (1) (bm), and the person holds a valid license to carry a concealed weapon issued under s. 175.50 or an out-of-state licensee, as defined in s. 175.50 (1) (g).

SB214-SSA2, s. 3 Section 3. 29.091 of the statutes is renumbered 29.091 (1) and amended to read:

SB214-SSA2,3,3 29.091 (1) No person may hunt or trap within any wildlife refuge established under s. 23.09 (2) (b) or 29.621 (1), or, except as provided in sub. (2), have possession or control of any gun, firearm, bow or crossbow unless the gun or firearm is unloaded, the bow or crossbow is unstrung and the gun, firearm, bow or crossbow is enclosed within a carrying case. The taking of predatory game birds and animals shall be done as the department directs. All state wildlife refuge boundary lines shall be marked by posts placed at intervals of not over 500 feet and bearing signs with the words "Wisconsin Wildlife Refuge".

SB214-SSA2, s. 4 Section 4. 29.091 (2) of the statutes is created to read:

SB214-SSA2,3,8 29.091 (2) The prohibition of the possession or control of a loaded or unencased gun or firearm in sub. (1) does not apply to the possession of a handgun, as defined in s. 175.50 (1) (bm), by a person who holds a valid license to carry a concealed weapon issued under s. 175.50 or by an out-of-state licensee, as defined in s. 175.50 (1) (g).

SB214-SSA2, s. 5 Section 5. 29.621 (4) of the statutes is renumbered 29.621 (4) (a) and amended to read:

SB214-SSA2,3,17 29.621 (4) (a) Except as provided in s. 29.091 (1), no owner of a wildlife refuge, and no other person, may hunt or trap within the boundaries of any wildlife refuge or, except as provided in par. (b), have in his or her possession or under his or her control in the wildlife refuge a gun, firearm, bow or crossbow, unless the gun or firearm is unloaded, the bow or crossbow is unstrung and the gun, firearm, bow or crossbow is enclosed within a carrying case. Nothing in this section may prohibit, prevent or interfere with the department in the destruction of injurious animals.

SB214-SSA2, s. 6 Section 6. 29.621 (4) (b) of the statutes is created to read:

SB214-SSA2,3,23 29.621 (4) (b) The prohibition of the possession or control of a loaded or unencased gun or firearm in par. (a) does not apply to the possession of a handgun, as defined in s. 175.50 (1) (bm), by a person who holds a valid license to carry a concealed weapon issued under s. 175.50 or an out-of-state licensee, as defined in s. 175.50 (1) (g).

SB214-SSA2, s. 7 Section 7. 51.20 (13) (cv) 4. of the statutes is amended to read:

SB214-SSA2,4,11 51.20 (13) (cv) 4. If the court prohibits a subject individual from possessing a firearm under subd. 1. or cancels a prohibition under subd. 2., the court clerk shall notify the department of justice of that fact and provide any information identifying the subject individual that is necessary to permit an accurate involuntary commitment history record search under s. 175.35 (2g) (c) or a background check under s. 175.50 (9g) (b). No other information from the subject individual's court records may be disclosed to the department of justice except by order of the court. The department of justice may disclose information provided under this subdivision only as part of an involuntary commitment history record search under s. 175.35 (2g) (c) or a background check under s. 175.50 (9g) (b) or to a sheriff under s. 175.50 (9g) (b) 3. a. or c. or (e) 1., (9r) (b) 2., or (11) (d) 3.

SB214-SSA2, s. 8 Section 8. 51.20 (16) (gm) of the statutes is amended to read:

SB214-SSA2,4,23 51.20 (16) (gm) Upon a request under par. (a), a court may cancel the prohibition under sub. (13) (cv) 1. if the court determines, based on evidence presented on the issue of the subject individual's dangerousness, that there no longer is a substantial probability that the individual may use a firearm to cause physical harm to himself or herself or endanger public safety. If a court cancels a prohibition under sub. (13) (cv) 1. under this paragraph, the court clerk shall notify the department of justice of that fact and provide any information identifying the subject individual that is necessary to permit an accurate involuntary commitment record search under s. 175.35 (2g) (c) or a background check under s. 175.50 (9g) (b). No other information from the subject individual's court records may be disclosed to the department of justice except by order of the court.

SB214-SSA2, s. 9 Section 9. 51.30 (3) (a) of the statutes is amended to read:

SB214-SSA2,5,5 51.30 (3) (a) Except as provided in pars. (b) and (c) and s. 175.50 (11) (d) 2. g. and 3. and under rules that the department of justice promulgates under s. 175.35 (2g) (c) 3. or 175.50 (9g) (f), the files and records of the court proceedings under this chapter shall be closed but shall be accessible to any individual who is the subject of a petition filed under this chapter.

SB214-SSA2, s. 10 Section 10. 55.06 (17) (d) of the statutes is created to read:

SB214-SSA2,5,9 55.06 (17) (d) Notwithstanding par. (a), information from records described in par. (a) may be disclosed under rules that the department of justice promulgates under s. 175.35 (2g) (c) 3. or 175.50 (9g) (f).

SB214-SSA2, s. 11 Section 11. 59.25 (3) (u) of the statutes is created to read:

SB214-SSA2,5,13 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) and (bp), (13), and (15) (b) 4. a. and c. in the general fund of the county.

SB214-SSA2,5,15 2. Forward all moneys received under s. 175.50 (7) (bh) and (15) (b) 4. b. to the state treasurer for deposit in the general fund.

SB214-SSA2,5,19 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).

SB214-SSA2, s. 12 Section 12. 165.25 (11) of the statutes is created to read:

SB214-SSA2,5,25 165.25 (11) List of concealed-carry license approved states. Determine which states issue permits or licenses to carry a concealed weapon to persons who meet training requirements and criminal background checks that are substantially similar to or more restrictive than those specified under s. 175.50 (3) (h) and (9g) and promulgate by rule a list of those states.

SB214-SSA2, s. 13 Section 13. 165.82 (1) (intro.) of the statutes, as affected by 2003 Wisconsin Act 33, is amended to read:

SB214-SSA2,6,5 165.82 (1) (intro.) Notwithstanding s. 19.35 (3), the department of justice shall impose the following fees, plus any surcharge required under sub. (1m), for criminal history searches for purposes unrelated to criminal justice or to s. 175.35 or 175.50:

SB214-SSA2, s. 14 Section 14. 165.82 (2) of the statutes is amended to read:

SB214-SSA2,6,9 165.82 (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.

SB214-SSA2, s. 15 Section 15. 167.31 (4) (ar) of the statutes is created to read:

SB214-SSA2,6,14 167.31 (4) (ar) Subsections (2) (a), (b), and (c) and (3) (a) and (b) do not apply to the placement, possession, transportation, or loading of a handgun, as defined in s. 175.50 (1) (bm), by a person who holds a valid license to carry a concealed weapon issued under s. 175.50 or an out-of-state licensee, as defined in s. 175.50 (1) (g).

SB214-SSA2, s. 16 Section 16. 175.35 (1) (am) of the statutes is created to read:

SB214-SSA2,6,20 175.35 (1) (am) "Disqualifying mental health adjudication" means one of the following events if it occurs in a proceeding that was not commenced by the person who is the subject of the proceeding and if it is based on the person having markedly subnormal intelligence or the person's mental illness, incompetency, condition, or disease:

SB214-SSA2,6,22 1. An order entered by a court in this state that commits a person for treatment in an inpatient mental health facility.

SB214-SSA2,6,25 2. A determination by a court in this state that a person is a danger to himself or herself or others under s. 51.20 (1) (a) 2. or lacks the mental capacity to contract or manage his or her own affairs.

SB214-SSA2, s. 17 Section 17. 175.35 (1) (at) of the statutes is amended to read:

SB214-SSA2,7,14 175.35 (1) (at) "Firearms restrictions record search" means a search of department of justice records to determine whether a person seeking to purchase a handgun is prohibited from possessing a firearm under s. 941.29 or based on a disqualifying mental health adjudication. "Firearms restriction record search" includes a criminal history record search, a search to determine whether a person is prohibited from possessing a firearm under s. 51.20 (13) (cv), a search to determine whether the person 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. 806.247 (3), and a search to determine whether the person is prohibited from possessing a firearm under s. 813.125 (4m).

SB214-SSA2, s. 18 Section 18. 175.35 (2) (d) of the statutes is amended to read:

SB214-SSA2,7,21 175.35 (2) (d) Forty-eight hours, subject to extension under sub. (2g) (c) 4. c., have elapsed from the time that the firearms dealer has received a confirmation number regarding the firearms restrictions record search under sub. (2g) (c) from the department of justice and the firearms dealer has not been notified that the transfer would be in violation of s. 941.29 or that the transferee would be prohibited from possessing a firearm based on a disqualifying mental health adjudication.

SB214-SSA2, s. 19 Section 19. 175.35 (2g) (c) 4. a. and b. of the statutes are amended to read:

SB214-SSA2,8,2 175.35 (2g) (c) 4. a. If the search indicates that the transferee is prohibited from possessing a firearm under s. 941.29 or based on a disqualifying mental health adjudication, the department shall provide the firearms dealer with a unique nonapproval number. The department may not disclose to the firearms dealer the reason the transferee is prohibited from possessing a firearm under s. 941.29.

SB214-SSA2,8,5 b. If the search indicates that the transferee is not prohibited from possessing a firearm under s. 941.29 or based on a disqualifying mental health adjudication, the department shall provide the firearms dealer with a unique approval number.

SB214-SSA2, s. 20 Section 20. 175.35 (2k) (ar) 2. of the statutes is amended to read:

SB214-SSA2,8,14 175.35 (2k) (ar) 2. Check each duplicate notification form received under sub. (2j) 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 duplicate completed notification form indicates that the transferee is prohibited from possessing a firearm under s. 941.29 or based on a disqualifying mental health adjudication, the department shall destroy all records regarding that firearms restrictions record search within 30 days after receiving the duplicate form.

SB214-SSA2, s. 21 Section 21. 175.50 of the statutes is created to read:

SB214-SSA2,8,17 175.50 License to carry a concealed weapon. (1) Definitions. In this section:

SB214-SSA2,8,18 (ab) "Alcohol beverages" has the meaning given in s. 125.02 (1).

SB214-SSA2,8,19 (abm) "Alcohol concentration" has the meaning given in s. 340.01 (1v).

SB214-SSA2,8,22 (ac) "Background check" means a search of department and court records conducted under sub. (9g) to determine a person's eligibility for a license to carry a concealed weapon.

SB214-SSA2,8,23 (ag) Except in subs. (2g) (b) and (11) (c) 1. b., "carry" means to go armed with.

SB214-SSA2,8,25 (ah) "Controlled substance" means a controlled substance, as defined in s. 961.01 (4), or a controlled substance analog, as defined in s. 961.01 (4m).

SB214-SSA2,9,1 (aj) "Department" means the department of justice.

SB214-SSA2,9,2 (am) "Drunk driving offense" means any of the following:

SB214-SSA2,9,3 1. A violation of s. 346.63 or a local ordinance in conformity with that section.

SB214-SSA2,9,5 2. A violation of a law of a federally recognized American Indian tribe or band in this state in conformity with s. 346.63.

SB214-SSA2,9,11 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 while 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.

SB214-SSA2,9,16 (bm) "Handgun" means any weapon designed or redesigned, or made or remade, and intended to be fired while held in one hand and to use the energy of an explosive to expel a projectile through a smooth or rifled bore. "Handgun" 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).

SB214-SSA2,9,18 (bq) "Intoxicant" means any alcohol beverage, controlled substance, or other drug, or any combination thereof.

SB214-SSA2,9,19 (c) "Law enforcement officer" has the meaning given in s. 165.85 (2) (c).

SB214-SSA2,9,21 (d) "Licensee" means an individual holding a valid license to carry a concealed weapon issued under this section.

SB214-SSA2,9,22 (e) "Misdemeanor crime of violence" means any of the following:

SB214-SSA2,9,24 1. A misdemeanor violation of chs. 940, 941, or 948 or of s. 947.013 or a violation of s. 947.01.

SB214-SSA2,10,2 2. A crime under federal law or the law of another state that is comparable to a crime described in subd. 1.

SB214-SSA2,10,4 (eg) "Misdemeanor delinquency adjudication" means a finding that a juvenile is delinquent for an act that would be a misdemeanor if committed by an adult.

SB214-SSA2,10,6 (f) "Out-of-state authorization" means a valid permit document or a valid license document issued by another state to which all of the following apply:

SB214-SSA2,10,8 1. The permit document or license document documents that a person is authorized under the law of that state to carry a concealed weapon in that state.

SB214-SSA2,10,12 2. The permit document or license document is issued by that state only to those persons who meet training requirements and criminal background checks that are substantially similar to or more restrictive than those specified under sub. (3) (h) and (9g).

SB214-SSA2,10,16 (g) "Out-of-state licensee" means an individual who is 21 years of age or over, who has been issued an out-of-state authorization and who is not prohibited from possessing a firearm under s. 941.29 or from possessing a firearm that has been transported in interstate or foreign commerce under federal law.

SB214-SSA2,10,17 (h) "Private property" has the meaning given in s. 943.13 (1e) (e).

SB214-SSA2,10,19 (i) "Proprietor" means a person to whom a Class "B" or "Class B" license or permit has been issued under ch. 125.

SB214-SSA2,10,22 (ig) "Purpose of authorized analysis" means for the purpose of determining or obtaining evidence of the presence, quantity, or concentration of any intoxicant in a person's blood, breath, or urine.

SB214-SSA2,10,24 (is) "Test facility" means a test facility or agency prepared to administer tests under s. 343.305 (2).

SB214-SSA2,11,2 (j) "Weapon" means a handgun, 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.

SB214-SSA2,11,7 (2) Issuance of license. (a) Except as provided in pars. (b) 1. and (c), each county, through its sheriff, shall issue licenses to carry a concealed weapon to an individual who meets the qualifications specified in sub. (3) 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).

SB214-SSA2,11,10 (b) 1. 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 date of this subdivision .... [revisor inserts date], all of the following occur:

SB214-SSA2,11,12 a. 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.

SB214-SSA2,11,15 b. After receiving a request from the sheriff under subd. 1. a., 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.

SB214-SSA2,11,18 2. At any time the county board of the sheriff's county may rescind the authorization it grants under subd. 1. by a two-thirds vote of all members of the county board.

SB214-SSA2,11,22 (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:

SB214-SSA2,11,23 1. The agreement shall be in writing.

SB214-SSA2,11,25 2. The agreement shall be approved by the county board of the county of each sheriff who is a party to the agreement.

SB214-SSA2,12,3 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.