Amendment SSA1-SB93

SB93-SSA1,11,12 (j) "Weapon" means a handgun, an electric weapon, as defined in s. 939.222 (11m), a knife other than a switchblade knife under s. 941.24, or a billy club.

SB93-SSA1,11,17 (2) Issuance and scope of license. (a) The department shall issue an optional license to carry a concealed weapon to any individual who is not disqualified under sub. (3) and who completes the application process specified in sub. (7). An optional license to carry a concealed weapon issued under this section shall meet the requirements specified in sub. (2m).

SB93-SSA1,11,20 (b) The department may not impose conditions, limitations, or requirements that are not expressly provided for in this section on the issuance, scope, effect, or content of a license.

SB93-SSA1,11,25 (c) This section does not limit an individual's right to carry a firearm that is not concealed. Except as provided in s. 948.605 (2) (b) 1r., the optional license issued under this section conveys no additional rights under Wisconsin state law to carry a firearm that is concealed than an individual who does not have a license issued under this section has to carry a firearm that is concealed.

SB93-SSA1,12,2 (d) For purposes of 18 USC 922 (q) (2) (B) (ii), an out-of-state licensee is licensed by the state.

SB93-SSA1,12,7 (2m) License document; content of license. (a) Subject to pars. (b), (bm), (c), and (d), the department shall design a single license document for licenses issued and renewed under this section. The department shall complete the design of the license document no later than the first day of the 2nd month beginning after the effective date of this paragraph .... [LRB inserts date].

SB93-SSA1,12,9 (b) A license document for a license issued under this section shall contain all of the following on one side:

SB93-SSA1,12,10 1. The full name, date of birth, and residence address of the licensee.

SB93-SSA1,12,12 2. A physical description of the licensee, including sex, height, hair color, and eye color.

SB93-SSA1,12,13 3. The date on which the license was issued.

SB93-SSA1,12,14 4. The date on which the license expires.

SB93-SSA1,12,15 5. The name of this state.

SB93-SSA1,12,16 6. A unique identification number for each licensee.

SB93-SSA1,12,18 (bm) The reverse side of a license document issued under this section shall notify the licensee that he or she shall inform the department of any address change.

SB93-SSA1,12,19 (c) The license document may not contain the licensee's social security number.

SB93-SSA1,12,22 (d) 1. The contents of the license document shall be included in the document in substantially the same way that the contents of an operator's license document issued under s. 343.17 are included in that document.

SB93-SSA1,12,25 2. The license document issued under this section shall be tamper proof in substantially the same way that the operator's license is tamper proof under s. 343.17 (2).

SB93-SSA1,13,6 (e) The department of justice may contract with the department of transportation to produce and issue license documents under this section. Neither the department of transportation nor any employee of the department of transportation may store, maintain, or access the information provided by the department of justice for the production or issuance of license documents other than to the extent necessary to produce or issue the license documents.

SB93-SSA1,13,9 (3) Restrictions on issuing a license. The department shall issue an optional license under this section to an individual who submits an application under sub. (7) unless any of the following applies:

SB93-SSA1,13,10 (a) The individual is less than 21 years of age.

SB93-SSA1,13,12 (b) The individual is prohibited under federal law from possessing a firearm that has been transported in interstate or foreign commerce.

SB93-SSA1,13,13 (c) The individual is prohibited from possessing a firearm under s. 941.29.

SB93-SSA1,13,14 (d) The individual is not a Wisconsin resident.

SB93-SSA1,13,24 (5) Application and renewal forms. (a) The department shall design an application form for use by individuals who apply for an optional license under this section and a renewal form for use by individuals applying for renewal of an optional license under sub. (15). The department shall complete the design of the application form no later than the first day of the 2nd month beginning after the effective date of this paragraph .... [LRB inserts date], and shall complete the design of the renewal form no later than the first day of the 36th month beginning after the effective date of this paragraph .... [LRB inserts date]. The forms shall require the applicant to provide only his or her name, address, date of birth, state identification card number, race, sex, height, hair color, and eye color and shall include all of the following:

SB93-SSA1,14,2 1. A statement that the applicant is ineligible for a license if sub. (3) (a), (b), (c), or (d) applies to the applicant.

SB93-SSA1,14,5 2. A statement explaining self-defense and defense of others under s. 939.48, with a place for the applicant to sign his or her name to indicate that he or she has read and understands the statement.

SB93-SSA1,14,7 3. A statement, with a place for the applicant to sign his or her name, to indicate that the applicant has read and understands the requirements of this section.

SB93-SSA1,14,10 4. A statement that an applicant may be prosecuted if he or she intentionally gives a false answer to any question on the application or intentionally submits a falsified document with the application.

SB93-SSA1,14,13 5. A statement of the penalties for intentionally giving a false answer to any question on the application or intentionally submitting a falsified document with the application.

SB93-SSA1,14,18 6. A statement of the places under ss. 941.232 (2) and 948.605 (2) (b) where a licensee is prohibited from carrying a weapon, as well as an explanation of the provisions under ss. 941.232 (3) and 943.13 (1m) (c) that could limit the places where the licensee may carry a weapon, with a place for the applicant to sign his or her name to indicate that he or she has read and understands the statement.

SB93-SSA1,14,20 (b) The department shall make the forms described in this subsection available on the Internet and, upon request, by mail.

SB93-SSA1,14,23 (7) Submission of application. An individual may apply for an optional license under this section with the department by submitting, by mail or other means made available by the department, to the department all of the following:

SB93-SSA1,14,24 (a) A completed application in the form prescribed under sub. (5) (a).

SB93-SSA1,15,3 (b) A statement that states that the information that he or she is providing in the application submitted under par. (a) and any document submitted with the application is true and complete to the best of his or her knowledge.

SB93-SSA1,15,6 (c) A license fee in an amount, as determined by the department by rule, that is equal to the cost of issuing the license but does not exceed $52. The department shall determine the costs of issuing a license by using a 5-year planning period.

SB93-SSA1,15,8 (d) A fee for a background check that is equal to the fee charged under s. 175.35 (2i).

SB93-SSA1,15,10 (9) Processing of application. (a) Upon receiving an application submitted under sub. (7), the department shall conduct a background check.

SB93-SSA1,15,12 (b) Within 21 days after receiving a complete application under sub. (7), the department shall do one of the following:

SB93-SSA1,15,14 1. Issue the license and promptly send the licensee his or her license document by 1st class mail.

SB93-SSA1,15,17 2. Deny the application, but only if sub. (3) (a), (b), (c), or (d) applies to the applicant. If the department denies the application, the department shall inform the applicant in writing, stating the reason and factual basis for the denial.

SB93-SSA1,15,19 (9g) Background checks. (a) The department shall conduct a background check regarding an applicant for an optional license using the following procedure:

SB93-SSA1,15,21 1. The department shall create a confirmation number associated with the applicant.

SB93-SSA1,15,23 2. The department shall use the transaction information for management of enforcement system and the national crime information center system.

SB93-SSA1,15,24 3. As soon as practicable, the department shall do the following:

SB93-SSA1,16,2 a. If the background check indicates sub. (3) (b) or (c) applies to the applicant, create a unique nonapproval number for the applicant.

SB93-SSA1,16,4 b. If the completed background check does not indicate that sub. (3) (b) or (c) applies to the applicant, create a unique approval number for the applicant.

SB93-SSA1,16,7 (b) The department shall maintain a record of all completed application forms and a record of all approval or nonapproval numbers regarding background checks under this subsection.

SB93-SSA1,16,13 (9r) Emergency license. (a) An individual who requires an emergency optional license may petition the court in the county in which he or she resides for such a license. Unless the court knows that the individual is ineligible for a license under sub. (3), a court may issue an emergency optional license to an individual if the court determines that immediate licensure is warranted to protect the individual from death or great bodily harm, as defined in s. 939.22 (14).

SB93-SSA1,16,15 (b) An emergency optional license issued under this subsection is valid for 30 days unless it is void under par. (c).

SB93-SSA1,16,18 (c) If the holder of an emergency optional license issued under par. (a) applies for an optional license under sub. (7) and is determined to be ineligible under sub. (3) for the license, the emergency optional license is void.

SB93-SSA1,16,19 (11) Updated information. (a) In this subsection:

SB93-SSA1,16,22 1. "Clerk" means the clerk of the circuit court or, if it has enacted a law or an ordinance in conformity with s. 346.63, the clerk of the court for a federally recognized American Indian tribe or band in this state, a city, a village, or a town.

SB93-SSA1,16,24 2. "Court automated information systems" means the systems under s. 758.19 (4).

SB93-SSA1,17,5 (b) The court automated information systems, or the clerk or register in probate, if the information is not contained in or cannot be transmitted by the court automated information systems, shall promptly notify the department of the name of any individual with respect to whom any of the following occurs and the specific reason for the notification:

SB93-SSA1,17,7 1. The individual is found by a court to have committed a felony or any other crime that would disqualify the individual from having a license under this section.

SB93-SSA1,17,8 2. The individual is found incompetent under s. 971.14.

SB93-SSA1,17,10 3. The individual is found not guilty of any crime by reason of mental disease or mental defect under s. 971.17.

SB93-SSA1,17,12 4. The individual is involuntarily committed for treatment under s. 51.20 or 51.45.

SB93-SSA1,17,13 5. The individual is found incompetent under ch. 54.

SB93-SSA1,17,15 6. The individual becomes subject to an injunction described in s. 941.29 (1) (f) or is ordered not to possess a firearm under s. 813.125 (4m).

SB93-SSA1,17,17 7. A court has prohibited the individual from possessing a dangerous weapon under s. 969.02 (3) (c).

SB93-SSA1,17,19 8. A court has ordered the individual 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).

SB93-SSA1,17,22 (c) Upon receiving a notice under par. (b), the department shall immediately determine if the individual who is the subject of the notice is a licensee, using the list maintained under sub. (12) (a).

SB93-SSA1,18,4 (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 an optional license under this section. 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.

SB93-SSA1,18,6 (b) 1. A law enforcement officer may not request or be provided information under par. (a) concerning a specific licensee except for one of the following purposes:

SB93-SSA1,18,8 a. To investigate whether an individual submitted an intentionally false statement under sub. (7) (b) or (15) (b) 2.

SB93-SSA1,18,9 b. To investigate whether an individual complied with sub. (14) (b) 3.

SB93-SSA1,18,11 2. A person who is a law enforcement officer in a state other than Wisconsin may request and be provided information for the following purposes:

SB93-SSA1,18,13 a. To confirm that a license produced by an individual at the request of a law enforcement officer in a state other than Wisconsin is valid.

SB93-SSA1,18,16 b. If an individual is carrying a concealed weapon and claims to hold a valid license issued under this section but does not have his or her license document, to confirm that the individual holds a valid license under this section.

SB93-SSA1,18,21 (c) Notwithstanding s. 19.35, the department of justice, the department of transportation, or any employee of either department may not 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).

SB93-SSA1,18,25 (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:

SB93-SSA1,19,3 1. If the law enforcement agency is not a Wisconsin law enforcement agency, to confirm that a license produced by an individual at the request of a law enforcement officer is valid.

SB93-SSA1,19,7 2. If the law enforcement agency is not a Wisconsin law enforcement agency, to confirm that an individual holds a valid license under this section if an individual is carrying a concealed weapon and claims to hold a valid license issued under this section but does not have his or her license document.

SB93-SSA1,19,10 3. If the law enforcement agency is a Wisconsin law enforcement agency, to investigate whether an individual submitted an intentionally false statement under sub. (7) (b) or (15) (b) 2.

SB93-SSA1,19,14 (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 par. (a) 3. 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.

SB93-SSA1,19,17 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 par. (a) 3. based on the individual's status as a licensee.

SB93-SSA1,19,21 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.

SB93-SSA1,20,6 (13) Lost or destroyed license. If a license document is lost, a licensee no longer has possession of his or her license, or a license document is destroyed, unreadable, or unusable, a licensee may submit to the department a statement requesting a replacement license document, the license document or any portions of the license document if available, and a $15 replacement fee. The department shall issue a replacement license document to the licensee within 14 days of receiving the statement and fee. If the licensee does not submit the original license document to the department, the department shall terminate the unique approval number of the original request and issue a new unique approval number for the replacement request.

SB93-SSA1,20,9 (14) License revocation and suspension. (a) The department shall revoke a license issued under this section if the department determines that sub. (3) (b), (c), or (d) applies to the licensee.

SB93-SSA1,20,16 (am) The department shall suspend a license issued under this section if a court has prohibited the licensee from possessing a dangerous weapon under s. 969.02 (3) (c). If the individual whose license was suspended is no longer subject to the prohibition under s. 969.02 (3) (c), sub. (3) (b), (c), or (d) does not apply to the individual, and the suspended license would not have expired under sub. (15) (a) had it not been suspended, the department shall restore the license within 5 business days of notification that the licensee is no longer subject to the prohibition.

SB93-SSA1,20,20 (b) 1. If the department suspends or revokes a license issued under this section, the department shall send the individual whose license has been suspended or revoked notice of the suspension or revocation by certified mail within one day after the suspension or revocation.

SB93-SSA1,20,23 2. If the department suspends or revokes a license under this section, the suspension or revocation takes effect when the individual whose license has been suspended or revoked receives the notice under subd. 1.

SB93-SSA1,20,25 3. Within 7 days after receiving the notice, the individual whose license has been suspended or revoked shall do one of the following:

SB93-SSA1,21,2 a. Deliver the license document personally or by certified mail to the department.

SB93-SSA1,21,5 b. Mail a signed statement to the department stating that he or she no longer has possession of his or her license document and stating the reasons why he or she no longer has possession.

SB93-SSA1,21,8 (14g) Departmental review. The department shall promulgate rules providing for the review of any action by the department denying an application for, or suspending or revoking, a license under this section.

SB93-SSA1,21,13 (14m) Appeals to the circuit court. (a) An individual aggrieved by any action by the department denying an application for, or suspending or revoking, a license under this section, may appeal directly to the circuit court of the county in which the individual resides without regard to whether the individual has sought review under the process established in sub. (14g).

SB93-SSA1,21,21 (b) To begin an appeal under this subsection, the aggrieved individual shall file a petition for review with the clerk of the applicable circuit court within 30 days of receiving notice of denial of an application for a license or of suspension or revocation of a license. The petition shall state the substance of the department's action from which the individual is appealing and the grounds upon which the individual believes the department's action to be improper. The petition may include a copy of any records or documents that are relevant to the grounds upon which the individual believes the department's action to be improper.