Amendment SA1-SSA1-SB403

LRBa1613/1

MGD/CMH/RLR:all:jf

2005 - 2006 LEGISLATURE

SENATE AMENDMENT 1, TO SENATE SUBSTITUTE AMENDMENT 1, TO 2005 SENATE BILL 403

December 5, 2005 - Offered by Joint Committee on Finance.

SB403-SSA1-SA1,1,1 At the locations indicated, amend the substitute amendment as follows:

SB403-SSA1-SA1,1,3 1. Page 2, line 4: after "weapon," insert "licenses authorizing persons to carry concealed weapons,".

SB403-SSA1-SA1,1,4 2. Page 7, line 2: delete " (d)" and substitute "(a)".

SB403-SSA1-SA1,1,5 3. Page 7, line 22: after that line insert:

SB403-SSA1-SA1,1,6 " Section 26m. 165.60 of the statutes is amended to read:

SB403-SSA1-SA1,2,2 165.60 Law enforcement. The department of justice is authorized to enforce ss. 101.123 (2), (5), and (8), 175.50 (17) (c), (d), and (e), 944.30, 944.31, 944.33, 944.34, 945.02 (2), 945.03 (1m), and 945.04 (1m) and is invested with the powers conferred by law upon sheriffs and municipal police officers in the performance of those duties. This section does not deprive or relieve sheriffs, constables, and other local police officers of the power and duty to enforce those sections, and those officers shall likewise enforce those sections.".

SB403-SSA1-SA1,2,4 4. Page 10, line 19: after "cards." insert "(1) In this section, "Wisconsin law enforcement agency" has the meaning given in s. 175.46 (1) (f).

SB403-SSA1-SA1,2,5 (2)".

SB403-SSA1-SA1,2,6 5. Page 10, line 20: delete ", as defined in s. 175.46 (1) (f),".

SB403-SSA1-SA1,2,7 6. Page 10, line 23: delete "(1)" and substitute "(a)".

SB403-SSA1-SA1,2,8 7. Page 10, line 24: delete "(2)" and substitute "(b)".

SB403-SSA1-SA1,2,9 8. Page 11, line 1: delete "(3)" and substitute "(c)".

SB403-SSA1-SA1,2,10 9. Page 11, line 2: delete "subsection" and substitute "paragraph".

SB403-SSA1-SA1,2,11 10. Page 11, line 6: delete "(4)" and substitute "(d)".

SB403-SSA1-SA1,2,12 11. Page 11, line 7: after that line insert:

SB403-SSA1-SA1,2,16 "(3) Unless sub. (2) (a), (b), (c), or (d) applies, if a Wisconsin law enforcement agency does not issue photographic identification cards to its officers, it shall issue such a card to an officer formerly employed by that agency upon the former officer's request and at his or her expense.".

SB403-SSA1-SA1,2,17 12. Page 14, line 5: delete "(11) (c) 1. b." and substitute "(12g) (a) 2.".

SB403-SSA1-SA1,2,18 13. Page 14, line 25: after that line insert:

SB403-SSA1-SA1,2,19 "(bv) "Law enforcement agency" does not include the department.".

SB403-SSA1-SA1,2,20 14. Page 15, line 6: after "(cm)" insert "1".

SB403-SSA1-SA1,2,21 15. Page 15, line 10: after that line insert:

SB403-SSA1-SA1,2,22 "(er) "Motor vehicle" has the meaning given in s. 340.01 (35).".

SB403-SSA1-SA1,2,23 16. Page 17, line 8: on lines 8 and 12, after "(cm)" insert "1.".

SB403-SSA1-SA1,3,1 17. Page 18, line 5: on lines 5, 9 and 24, after "(cm)" insert "1.".

SB403-SSA1-SA1,3,2 18. Page 18, line 18: after "(cm)" insert "1".

SB403-SSA1-SA1,3,3 19. Page 19, line 22: after "(cm)" insert "1.".

SB403-SSA1-SA1,3,4 20. Page 20, line 12: on lines 12 and 18, after "(cm)" insert "1.".

SB403-SSA1-SA1,3,5 21. Page 21, line 10: after "(cm)" insert "1.".

SB403-SSA1-SA1,3,6 22. Page 21, line 23: on lines 23 and 25, after "(cm)" insert "1".

SB403-SSA1-SA1,3,7 23. Page 25, line 25: after that line insert:

SB403-SSA1-SA1,3,10 "(mm) The individual has not been convicted of a misdemeanor violation of s. 940.32, 1999 stats., or a misdemeanor violation of a federal law or a law of another state that is comparable to s. 940.32.".

SB403-SSA1-SA1,3,12 24. Page 28, line 3: after "color" insert "and the registration number for each motor vehicle registered in the applicant's name".

SB403-SSA1-SA1,3,13 25. Page 30, line 17: after "(m)," insert "(mm),".

SB403-SSA1-SA1,3,14 26. Page 30, line 20: after "(m)," insert "(mm),".

SB403-SSA1-SA1,3,15 27. Page 31, line 7: delete "confirmation numbers and corresponding".

SB403-SSA1-SA1,3,17 28. Page 31, line 9: delete the material beginning with "under" and ending with "this subsection" on line 11.

SB403-SSA1-SA1,3,18 29. Page 31, line 11: delete "previously".

SB403-SSA1-SA1,3,20 30. Page 31, line 12: delete the material beginning with "and nothing" and ending with "or (r)" on line 14.

SB403-SSA1-SA1,3,22 31. Page 31, line 16: delete the material beginning with "If the" and ending with "license." on line 20.

SB403-SSA1-SA1,4,1 32. Page 31, line 23: delete "requests for".

SB403-SSA1-SA1,4,2 33. Page 31, line 24: delete "confirmation numbers and".

SB403-SSA1-SA1,4,3 34. Page 32, line 20: after "(m)," insert "(mm),".

SB403-SSA1-SA1,4,4 35. Page 33, line 15: delete lines 15 to 25.

SB403-SSA1-SA1,4,5 36. Page 34, line 1: delete lines 1 to 13.

SB403-SSA1-SA1,4,7 37. Page 34, line 14: delete "(d)" and substitute "(11) Updated information. (a)".

SB403-SSA1-SA1,4,8 38. Page 35, line 23: delete "par. (a)" and substitute "sub. (12) (a)".

SB403-SSA1-SA1,4,10 39. Page 36, line 1: delete "(12) Updated information. (a)" and substitute "(b) 1.".

SB403-SSA1-SA1,4,11 40. Page 36, line 4: delete "(b)" and substitute "2.".

SB403-SSA1-SA1,4,12 41. Page 36, line 6: delete "(11) (a)" and substitute "(12) (a)".

SB403-SSA1-SA1,4,13 42. Page 36, line 6: after that line insert:

SB403-SSA1-SA1,4,21 "(12) Maintenance, use, and publication of records by the department. (a) The department shall maintain a computerized record listing the names and the information specified in sub. (2m) (b) of all individuals who have been issued a license under this section. Except as provided in par. (b) 1. and subject to par. (b) 2., neither the department nor any employee of the department may store, maintain, format, sort, or access the information in any way other than by the names, dates of birth, or sex of licensees or by the identification numbers assigned to licensees under sub. (2m) (b) 6.

SB403-SSA1-SA1,5,3 (b) 1. A law enforcement officer who is employed by the department may obtain information regarding a licensee from the department of transportation under s. 341.175 (4).

SB403-SSA1-SA1,5,6 2. A law enforcement officer who is employed by the department may not request or be provided information maintained by the department under par. (a) concerning a specific licensee except for one of the following purposes:

SB403-SSA1-SA1,5,8 a. To confirm that a license produced by an individual at the request of a law enforcement officer is valid.

SB403-SSA1-SA1,5,11 b. To confirm that an individual holds a valid license under this section, if the individual is going armed with a concealed weapon but is not carrying his or her license document and claims to hold a valid license issued under this section.

SB403-SSA1-SA1,5,15 c. To investigate whether an individual submitted an intentionally false notarized statement under sub. (7) (b) or (15) (b) 2., intentionally violated sub. (11) (b) 1., or intentionally made a false statement to the department in connection with the individual's request for an emergency license under sub. (9r).

SB403-SSA1-SA1,5,17 d. To investigate whether an individual complied with sub. (11) (b) 1. or (14) (b) 2.

SB403-SSA1-SA1,5,21 (c) Notwithstanding s. 19.35, neither the department nor any department employee may make information obtained under this section available to the public except in the context of a prosecution for an offense in which the person's status as a licensee is relevant or through a report created under sub. (19).

SB403-SSA1-SA1,5,25 (12g) Providing licensee information to law enforcement agencies. (a) The department shall provide information concerning a specific licensee to a law enforcement agency, but only if the law enforcement agency is requesting the information for any of the following purposes:

SB403-SSA1-SA1,6,2 1. To confirm that a license produced by an individual at the request of a law enforcement officer is valid.

SB403-SSA1-SA1,6,5 2. To confirm that an individual holds a valid license under this section, if the individual is going armed with a concealed weapon but is not carrying his or her license document and claims to hold a valid license issued under this section.

SB403-SSA1-SA1,6,9 3. To investigate whether an individual submitted an intentionally false notarized statement under sub. (7) (b) or (15) (b) 2., intentionally violated sub. (11) (b) 1., or intentionally made a false statement to the department in connection with the individual's request for an emergency license under sub. (9r).

SB403-SSA1-SA1,6,14 (b) 1. Notwithstanding s. 19.35, neither a law enforcement agency nor any of its employees may make information regarding an individual that was obtained from the department under this subsection or from the department of transportation under s. 341.175 available to the public except in the context of a prosecution for an offense in which the person's status as a licensee is relevant.

SB403-SSA1-SA1,6,18 2. Neither a law enforcement agency nor any of its employees may store or maintain information regarding an individual that was obtained from the department under this subsection or from the department of transportation under s. 341.175 based on the individual's status as a licensee.

SB403-SSA1-SA1,6,22 3. Neither a law enforcement agency nor any of its employees may sort or access information regarding vehicle stops, investigations, civil or criminal offenses, or other activities involving the agency based on the status as licensees of any individuals involved.

SB403-SSA1-SA1,7,2 (12r) Providing licensee information to the department of transportation. If any of the following happens with respect to a person, the department shall notify the department of transportation of the person's name, date of birth, and sex, the date on which the person was last issued a license under this section, and any vehicle registration number provided by the person on his or her application for that license:

SB403-SSA1-SA1,7,3 (a) The person is issued a license.

SB403-SSA1-SA1,7,4 (b) The person's license is renewed.

SB403-SSA1-SA1,7,5 (c) The person's license expires and is not renewed.