Amendment SSA1-SB93

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:

SB93-SSA1,26,19 895.527 (5) (a) Section 167.30 (1), 941.20 (1) (d) or 948.605 or any rule promulgated under those sections regulating or prohibiting the discharge of firearms.

SB93-SSA1, s. 51 Section 51. 938.34 (14q) of the statutes is amended to read:

SB93-SSA1,27,5 938.34 (14q) Certain bomb scares and firearm violations. In addition to any other disposition imposed under this section, if the juvenile is found to have violated s. 947.015 and the property involved is owned or leased by the state or any political subdivision of the state, or if the property involved is a school premises, as defined in s. 948.61 (1) (c), or if the juvenile is found to have violated s. 941.235 or 948.605, immediately suspend the juvenile's operating privilege, as defined in s. 340.01 (40), for 2 years. The court shall immediately forward to the department of transportation the notice of suspension, stating that the suspension is for a violation of s. 947.015 involving school premises, or for a violation of s. 941.235 or 948.605. If otherwise eligible, the juvenile is eligible for an occupational license under s. 343.10.

SB93-SSA1, s. 52 Section 52. 938.396 (2g) (n) of the statutes is amended to read:

SB93-SSA1,27,13 938.396 (2g) (n) Firearms restriction record search or background check. If a juvenile is adjudged delinquent for an act that would be a felony if committed by an adult, the court clerk shall notify the department of justice of that fact. No other information from the juvenile's court records may be disclosed to the department of justice except by order of the court. The department of justice may disclose any information provided under this subsection only as part 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. 53 Section 53. 938.78 (3) of the statutes is amended to read:

SB93-SSA1,28,10 938.78 (3) Release of information when escape or absence; rules. If a juvenile adjudged delinquent under s. 48.12, 1993 stats., or s. 938.12 or found to be in need of protection or services under s. 48.13 (12), 1993 stats., or s. 48.13 (14), 1993 stats., or s. 938.13 (12) or (14) on the basis of a violation of s. 943.23 (1m) or (1r), 1999 stats., or s. 941.10, 941.11, 941.20, 941.21, 941.23, 941.235, 941.237, 941.24, 941.26, 941.28, 941.295, 941.298, 941.30, 941.31, 941.32, 941.325, 943.02, 943.03, 943.04, 943.10 (2) (a), 943.23 (1g), 943.32 (2), 948.02, 948.025, 948.03, 948.05, 948.055, 948.085 (2), 948.60, 948.605, or 948.61 or any crime specified in ch. 940 has escaped from a juvenile correctional facility, residential care center for children and youth, inpatient facility, as defined in s. 51.01 (10), juvenile detention facility, or juvenile portion of a county jail, or from the custody of a peace officer or a guard of such a facility, center, or jail, or has been allowed to leave a juvenile correctional facility, residential care center for children and youth, inpatient facility, juvenile detention facility, or juvenile portion of a county jail for a specified time period and is absent from the facility, center, home, or jail for more than 12 hours after the expiration of the specified period, the department or county department having supervision over the juvenile may release the juvenile's name and any information about the juvenile that is necessary for the protection of the public or to secure the juvenile's return to the facility, center, home, or jail. The department shall promulgate rules establishing guidelines for the release of the juvenile's name or information about the juvenile to the public.

SB93-SSA1, s. 54 Section 54. 939.22 (10) of the statutes is amended to read:

SB93-SSA1,28,18 939.22 (10) "Dangerous weapon" means any firearm, whether loaded or unloaded; any device designed as a weapon and capable of producing death or great bodily harm; any ligature or other instrumentality used on the throat, neck, nose, or mouth of another person to impede, partially or completely, breathing or circulation of blood; any electric weapon, as defined in s. 941.295 (4); or any other device or instrumentality which, in the manner it is used or intended to be used, is calculated or likely to produce death or great bodily harm.

SB93-SSA1, s. 55 Section 55. 939.22 (11m) of the statutes is created to read:

SB93-SSA1,28,22 939.22 (11m) "Electric weapon" means any device which is designed, redesigned, used or intended to be used, offensively or defensively, to immobilize or incapacitate persons by the use of electric current.

SB93-SSA1, s. 56 Section 56. 939.632 (1) (e) 3. of the statutes is amended to read:

SB93-SSA1,28,25 939.632 (1) (e) 3. Any misdemeanor under s. 940.19 (1), 940.225 (3m), 940.32 (2), 940.42, 940.44, 941.20 (1), 941.23, 941.235, 941.24 or 941.38 (3).

SB93-SSA1, s. 57 Section 57. 941.23 of the statutes is repealed.

SB93-SSA1, s. 58 Section 58. 941.232 of the statutes is created to read:

SB93-SSA1,29,3 941.232 Carrying a weapon at certain locations. (1) In this section:

SB93-SSA1,29,4 (a) "Carry" means to go armed with.

SB93-SSA1,29,6 (b) "Weapon" means a handgun, an electric weapon, a knife other than a switchblade knife under s. 941.24, or a billy club.

SB93-SSA1,29,9 (2) (a) Except as provided in par. (b), any person other than a law enforcement officer who knowingly carries a weapon or a firearm that is not a weapon into any of the following places is guilty of a Class C misdemeanor:

SB93-SSA1,29,11 1. Any portion of a building that is a police station, sheriff's office, or state patrol station.

SB93-SSA1,29,12 2. A prison, jail, house of correction, or secured correctional facility.

SB93-SSA1,29,13 3. A county, state, or federal courthouse.

SB93-SSA1,29,14 4. A place beyond a security checkpoint in an airport.

SB93-SSA1,29,15 (b) The prohibitions under par. (a) do not apply to any of the following:

SB93-SSA1,29,17 1. A weapon in a vehicle driven or parked in a parking facility located in a building that is used as, or any portion of which is used as, a location under par. (a).

SB93-SSA1,29,20 2. A weapon in a courthouse if a judge is carrying the weapon or if another individual, whom a judge has permitted in writing to carry a weapon, is carrying the weapon.

SB93-SSA1,29,22 3. A weapon in a courthouse if a district attorney, or an assistant district attorney, is carrying the weapon.

SB93-SSA1,30,2 (3) (a) Except as provided in par. (b), an employer may prohibit an employee from carrying a concealed weapon or a particular type of concealed weapon in the course of the employee's employment or during any part of the course of the employee's employment.

SB93-SSA1,30,8 (b) An employer may not prohibit an employee, as a condition of employment, from carrying a concealed weapon, a particular type of concealed weapon, or ammunition or from storing a weapon, a particular type of weapon, or ammunition in the employee's own motor vehicle, regardless of whether the motor vehicle is used in the course of employment or whether the motor vehicle is driven or parked on property used by the employer.

SB93-SSA1,30,11 (c) An employer that does not prohibit one or more employees from carrying a concealed weapon under par. (a) is immune from any liability arising from its decision.

SB93-SSA1, s. 59 Section 59. 941.235 of the statutes is repealed.

SB93-SSA1, s. 60 Section 60. 941.237 of the statutes is repealed.

SB93-SSA1, s. 61 Section 61. 941.295 of the statutes is repealed.

SB93-SSA1, s. 62 Section 62. 941.299 (1) (a) of the statutes is amended to read:

SB93-SSA1,30,18 941.299 (1) (a) "Correctional officer" has the meaning given in s. 941.237 (1) (b) means any person employed by the state or any political subdivision as a guard or officer whose principal duties are the supervision and discipline of inmates.

SB93-SSA1, s. 63 Section 63. 943.13 (1e) (a) of the statutes is renumbered 943.13 (1e) (ar).

SB93-SSA1, s. 64 Section 64. 943.13 (1e) (aL) of the statutes is created to read:

SB93-SSA1,30,21 943.13 (1e) (aL) "Carry" means to go armed with.

SB93-SSA1, s. 65 Section 65. 943.13 (1e) (cm) of the statutes is created to read:

SB93-SSA1,30,24 943.13 (1e) (cm) "Nonresidential building" includes any privately or publicly owned building on the grounds of a university or college.

SB93-SSA1, s. 66 Section 66. 943.13 (1m) (b) of the statutes is amended to read:

SB93-SSA1,31,4 943.13 (1m) (b) Enters or remains on any land of another after having been notified by the owner or occupant not to enter or remain on the premises. This paragraph does not apply to an individual if the owner's or occupant's intent is to prevent the individual from carrying a firearm on the owner's or occupant's land.

SB93-SSA1, s. 67 Section 67. 943.13 (1m) (c) of the statutes is created to read:

SB93-SSA1,31,15 943.13 (1m) (c) 1. While carrying a firearm, enters or remains at a residence that the actor does not own or occupy after the owner of the residence, if he or she has not leased it to another person, or the occupant of the residence has notified the actor not to enter or remain at the residence while carrying a firearm. In this subdivision, "residence," with respect to a single-family residence, includes the residence building and the parcel of land upon which the residence building is located, and "residence," with respect to a residence that is not a single-family residence, does not include any common area of the building in which the residence is located or any common areas of the rest of the parcel of land upon which the residence building is located.

SB93-SSA1,31,23 2. While carrying a firearm, enters or remains in any part of a nonresidential building that the actor does not own or occupy after the owner of the building, if that part of the building has not been leased to another person, or the occupant of that part of the building has notified the actor not to enter or remain in that part of the building while carrying a firearm. This subdivision does not apply to a part of a building occupied by the state or one of its political subdivisions or, if the firearm is in a vehicle driven or parked in the parking facility, to any part of a building used as a parking facility.

SB93-SSA1,32,6 3. While carrying a firearm, enters or remains in any part of a building that is owned, occupied, or controlled by the state or any local governmental unit, excluding any building or portion of a building under s. 941.232 (2) (a), if the state or local governmental unit has notified the actor not to enter or remain in the building or part of the building while carrying a firearm. This subdivision does not apply to a person who leases residential or business premises in the building or, if the firearm is in a vehicle driven or parked in the parking facility, to any part of the building used as a parking facility.

SB93-SSA1, s. 68 Section 68. 943.13 (2) of the statutes is renumbered 943.13 (2) (am), and 943.13 (2) (am) (intro.) and 1., as renumbered, are amended to read:

SB93-SSA1,32,12 943.13 (2) (am) (intro.) A person has received notice from the owner or occupant within the meaning of sub. (1m) (b), (e) or (f) if he or she has been notified personally, either orally or in writing, or if the land is posted. Land is considered to be posted under this subsection paragraph under either of the following procedures:

SB93-SSA1,32,21 1. If a sign at least 11 inches square is placed in at least 2 conspicuous places for every 40 acres to be protected. The sign must carry provide an appropriate notice and the name of the person giving the notice followed by the word "owner" if the person giving the notice is the holder of legal title to the land and by the word "occupant" if the person giving the notice is not the holder of legal title but is a lawful occupant of the land. Proof that appropriate signs as provided in this paragraph subdivision were erected or in existence upon the premises to be protected prior to the event complained of shall be prima facie proof that the premises to be protected were posted as provided in this paragraph subdivision.

SB93-SSA1, s. 69 Section 69. 943.13 (2) (bm) of the statutes is created to read: