Amendment SSA1-SB93

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.

SB93-SSA1,21,24 (c) A copy of the petition shall be served upon the department either personally or by registered or certified mail within 5 days after the individual files his or her petition under par. (b).

SB93-SSA1,22,4 (d) The department shall file an answer within 15 days after being served with the petition under par. (c). The answer shall include a brief statement of the actions taken by the department. The department shall include with the answer when filed a copy of any documents or records on which the department based its action.

SB93-SSA1,22,8 (e) The court shall review the petition, the answer, and any records or documents submitted with the petition or the answer. The review under this paragraph shall be conducted by the court without a jury but the court may schedule a hearing and take testimony.

SB93-SSA1,22,10 (f) The court shall reverse the department's action if the court finds any of the following:

SB93-SSA1,22,12 1. That the department failed to follow any procedure, or take any action, prescribed under this section.

SB93-SSA1,22,14 2. That the department erroneously interpreted a provision of law and a correct interpretation compels a different action.

SB93-SSA1,22,16 3. That the department's action depends on a finding of fact that is not supported by substantial evidence in the record.

SB93-SSA1,22,18 4. a. If the appeal is regarding a denial, that the denial was based on factors other than the factors under sub. (3).

SB93-SSA1,22,20 b. If the appeal is regarding a suspension or revocation, that the suspension or revocation was based on criteria other than those under sub. (14) (a) or (am).

SB93-SSA1,22,22 (g) 1. The court's decision shall provide whatever relief is appropriate regardless of the original form of the petition.

SB93-SSA1,22,25 2. If the court reverses the department's action, the court may order the department to pay the aggrieved individual all court costs and reasonable attorney fees.

SB93-SSA1,23,4 (15) License expiration and renewal. (a) Except as provided in par. (e) and sub. (9r) (b), an optional license issued under this section is valid for a period of 5 years from the date on which the license is issued unless the license is suspended or revoked under sub. (14).

SB93-SSA1,23,9 (b) The department shall design a notice of expiration form. At least 90 days before the expiration date of a license issued under this section, the department shall mail to the licensee a notice of expiration form and a form for renewing the license. The department shall renew the license if, no later than 90 days after the expiration date of the license, the licensee does all of the following:

SB93-SSA1,23,10 1. Submits a renewal application on the form provided by the department.

SB93-SSA1,23,13 2. Submits a statement reporting that the information provided under subd. 1. is true and complete to the best of his or her knowledge and that he or she is not disqualified under sub. (3).

SB93-SSA1,23,14 4. Pays all of the following:

SB93-SSA1,23,17 a. A renewal fee in an amount, as determined by the department by rule, that is equal to the cost of renewing the license but does not exceed $27. The department shall determine the costs of renewing a license by using a 5-year planning period.

SB93-SSA1,23,19 b. A fee for a background check that is equal to the fee charged under s. 175.35 (2i).

SB93-SSA1,23,21 (c) The department shall conduct a background check of a licensee as provided under sub. (9g) before renewing the licensee's license under par. (b).

SB93-SSA1,23,23 (d) The department shall issue a renewal license by 1st class mail within 21 days of receiving a renewal application, statement, and fees under par. (b).

SB93-SSA1,24,2 (e) The license of a member of the U.S. armed forces, a reserve unit of the armed forces, or the national guard who is deployed overseas while on active duty may not expire until at least 90 days after the end of the licensee's overseas deployment unless the license is suspended or revoked under sub. (14).

SB93-SSA1,24,5 (17) Penalties. (a) Any person who violates sub. (2m) (e), (12), or (12g) may be fined not more than $500 or sentenced to a term of imprisonment of not more than 30 days or both.

SB93-SSA1,24,10 (ar) Any law enforcement officer who uses excessive force based solely on an individual's status as a licensee may be fined not more than $500 or sentenced to a term of imprisonment of not more than 30 days or both. The application of the criminal penalty under this paragraph does not preclude the application of any other civil or criminal remedy.

SB93-SSA1,24,14 (b) Any person required under sub. (14) (b) 3. to relinquish or deliver an optional license document to the department who intentionally violates the requirements of that subdivision shall be fined not more than $500 and may be imprisoned for not more than 30 days or both.

SB93-SSA1,24,17 (18) Reciprocity agreements. The department may enter into reciprocity agreements with other states as to matters relating to licenses or other authorization to carry concealed weapons.

SB93-SSA1,25,2 (19) Statistical report. By March 1 of each year, the department shall submit a statistical report to the legislature under s. 13.172 (2) and to the governor that indicates the number of optional licenses applied for, issued, denied, suspended, and revoked under this section during the previous calendar year. For the licenses denied, the report shall indicate the reasons for the denials and the part of the application process in which the reasons for denial were discovered. For the licenses suspended or revoked, the report shall indicate the reasons for the suspensions and revocations. The department may not include in the report any information that may be used to identify an applicant or a licensee, including, but not limited to, a name, address, birth date, or social security number.

SB93-SSA1,25,7 (21) Immunity. The department of justice, the department of transportation, and the employees of each department; clerks, as defined in sub. (11) (a) 1., and their staff; and court automated information systems, as defined under sub. (11) (a) 2., and their employees are immune from liability arising from any act or omission under this section, if done so in good faith.

SB93-SSA1, s. 45 Section 45. 345.11 (1s) of the statutes is amended to read:

SB93-SSA1,25,11 345.11 (1s) The uniform traffic citation shall be used by a traffic officer employed under s. 110.07 for a violation of s. 167.31 (2) (b), (c) or (d) when committed on a highway.

SB93-SSA1, s. 46 Section 46. 345.20 (2) (f) of the statutes is amended to read:

SB93-SSA1,25,17 345.20 (2) (f) Sections 23.50 to 23.85 apply to actions in circuit court to recover forfeitures and weapons surcharges imposed under ch. 814 for violations of s. 167.31 (2) (b), (c), or (d). No points may be assessed against the driving record of a person convicted of a violation of s. 167.31 (2) (b), (c) , or (d). The report of conviction shall be forwarded to the department.

SB93-SSA1, s. 47 Section 47. 813.12 (6) (am) 1. of the statutes is amended to read:

SB93-SSA1,25,25 813.12 (6) (am) 1. If an injunction is issued or extended under sub. (4) or if a tribal injunction is filed under s. 806.247 (3), the clerk of the circuit court shall notify the department of justice of the injunction and shall provide the department of justice with information concerning the period during which the injunction is in effect and information necessary to identify the respondent for purposes of a firearms restrictions record search under s. 175.35 (2g) (c) or a background check under s. 175.60 (9g) (a).

SB93-SSA1, s. 48 Section 48. 813.122 (9) (am) 1. of the statutes is amended to read:

SB93-SSA1,26,7 813.122 (9) (am) 1. If an injunction is issued or extended under sub. (5), the clerk of the circuit court shall notify the department of justice of the injunction and shall provide the department of justice with information concerning the period during which the injunction is in effect and information necessary to identify the respondent for purposes of a firearms restrictions record search under s. 175.35 (2g) (c) or a background check under s. 175.60 (9g) (a).

SB93-SSA1, s. 49 Section 49. 813.125 (5r) (a) of the statutes is amended to read:

SB93-SSA1,26,15 813.125 (5r) (a) If an order prohibiting a respondent from possessing a firearm is issued under sub. (4m), the clerk of the circuit court shall notify the department of justice of the existence of the order prohibiting a respondent from possessing a firearm and shall provide the department of justice with information concerning the period during which the order is in effect and information necessary to identify the respondent for purposes of a firearms restrictions record search under s. 175.35 (2g) (c) or a background check under s. 175.60 (9g) (a).

SB93-SSA1, s. 50 Section 50. 895.527 (5) (a) of the statutes is amended to read: