Amendment SSA1-SB93

SENATE SUBSTITUTE AMENDMENT 1, TO 2011 SENATE BILL 93

May 23, 2011 - Offered by Senator Galloway.

SB93-SSA1,2,11 An Act to repeal 23.33 (3) (e), 165.81 (2), 167.31 (1) (b), 167.31 (1) (g), 167.31 (2) (a), 167.31 (2) (b), 167.31 (4) (am) 2. and 3., 167.31 (4) (bg), (bn) and (bt), 167.31 (4) (cm) and (d), 941.23, 941.235, 941.237, 941.295, 948.605 (1) (a) and (am), 948.605 (2) (b) 1. to 5. and 7. and 973.137 (1); to renumber 29.091, 29.621 (4), 167.30, 943.13 (1e) (a) and 947.01; to renumber and amend 167.31 (4) (am) 1., 943.13 (2) and 948.605 (2) (b) 8.; to amend 29.089 (2), 29.314 (3) (a), 29.314 (4) (a), 48.685 (2) (bb), 50.065 (2) (bb), 59.54 (6), 66.0409 (3) (b), 110.07 (1) (a) 1., 110.07 (1) (a) 3., 110.07 (1) (b), 165.60, 165.82 (1) (intro.), 167.31 (2) (c), 167.31 (2) (d), 167.31 (2) (e), 167.31 (3) (title), 167.31 (3) (a), 167.31 (3) (b), 167.31 (4) (a), 167.31 (4) (b), 167.31 (4) (c), 167.31 (4) (f), 345.11 (1s), 345.20 (2) (f), 813.12 (6) (am) 1., 813.122 (9) (am) 1., 813.125 (5r) (a), 895.527 (5) (a), 938.34 (14q), 938.396 (2g) (n), 938.78 (3), 939.22 (10), 939.632 (1) (e) 3., 941.299 (1) (a), 943.13 (1m) (b), 943.13 (3), 947.011 (2) (a) 1., 947.011 (2) (c) 1., 947.011 (2) (d), 948.60 (1), 948.605 (2) (a), 948.605 (2) (b) (intro.), 948.605 (2) (b) 6., 968.255 (1) (a) 2., 971.37 (1m) (a) 2. and 973.055 (1) (a) 1.; and to create 20.455 (2) (gs), 29.091 (1), 29.314 (1) (ah), 29.621 (4) (a), 66.0409 (6), 165.25 (12), 167.30 (2), 167.31 (4) (at), 175.60, 939.22 (11m), 941.232, 943.13 (1e) (aL), 943.13 (1e) (cm), 943.13 (1m) (c), 943.13 (2) (bm), 943.13 (6), 946.71, 947.01 (2) and 948.605 (2) (b) 1m. and 1r. of the statutes; relating to: going armed with weapons, possessing or transporting a firearm, bow, or crossbow under certain circumstances, disorderly conduct limitations, electric weapons, optional licenses to carry concealed weapons, providing an exemption from emergency rule procedures, requiring the exercise of rule-making authority, making an appropriation, and providing penalties.

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

SB93-SSA1, s. 1 Section 1. 20.455 (2) (gs) of the statutes is created to read:

SB93-SSA1,2,15 20.455 (2) (gs) Background check for optional licenses to carry concealed weapons. All moneys received as fee payments under s. 175.60 (7) (c) and (d), (13), and (15) (b) 4. a. and b. to provide services under s. 175.60.

SB93-SSA1, s. 2 Section 2. 23.33 (3) (e) of the statutes is repealed.

SB93-SSA1, s. 3 Section 3. 29.089 (2) of the statutes is amended to read:

SB93-SSA1,2,21 29.089 (2) Except as provided in sub. (3) and except if the firearm is a handgun as defined in s. 175.35 (1) (b), 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.

SB93-SSA1, s. 4 Section 4. 29.091 of the statutes is renumbered 29.091 (2).

SB93-SSA1, s. 5 Section 5. 29.091 (1) of the statutes is created to read:

SB93-SSA1,3,1 29.091 (1) In this section:

SB93-SSA1,3,2 (a) "Firearm" does not include a handgun.

SB93-SSA1,3,3 (b) "Gun" does not include a handgun.

SB93-SSA1,3,4 (c) "Handgun" has the meaning given in s. 175.35 (1) (b).

SB93-SSA1, s. 6 Section 6. 29.314 (1) (ah) of the statutes is created to read:

SB93-SSA1,3,6 29.314 (1) (ah) "Handgun" has the meaning given in s. 175.35 (1) (b).

SB93-SSA1, s. 7 Section 7. 29.314 (3) (a) of the statutes is amended to read:

SB93-SSA1,3,10 29.314 (3) (a) Prohibition. No person may use or possess with intent to use a light for shining deer, elk, or bear while the person is hunting deer, elk, or bear or in possession of a firearm that is not a handgun, bow and arrow, or crossbow.

SB93-SSA1, s. 8 Section 8. 29.314 (4) (a) of the statutes is amended to read:

SB93-SSA1,3,14 29.314 (4) (a) Prohibition. No person may use or possess with intent to use a light for shining wild animals while the person is hunting or in possession of a firearm that is not a handgun, bow and arrow, or crossbow.

SB93-SSA1, s. 9 Section 9. 29.621 (4) of the statutes is renumbered 29.621 (4) (b).

SB93-SSA1, s. 10 Section 10. 29.621 (4) (a) of the statutes is created to read:

SB93-SSA1,3,17 29.621 (4) (a) In this subsection:

SB93-SSA1,3,18 1. "Firearm" does not include a handgun.

SB93-SSA1,3,19 2. "Gun" does not include a handgun.

SB93-SSA1,3,20 3. "Handgun" has the meaning given in s. 175.35 (1) (b).

SB93-SSA1, s. 11 Section 11. 48.685 (2) (bb) of the statutes is amended to read:

SB93-SSA1,4,15 48.685 (2) (bb) If information obtained under par. (am) or (b) 1. indicates a charge of a serious crime, but does not completely and clearly indicate the final disposition of the charge, the department, county department, agency contracted with under s. 48.651 (2), child welfare agency, school board, or entity shall make every reasonable effort to contact the clerk of courts to determine the final disposition of the charge. If a background information form under sub. (6) (a) or (am) indicates a charge or a conviction of a serious crime, but information obtained under par. (am) or (b) 1. does not indicate such a charge or conviction, the department, county department, agency contracted with under s. 48.651 (2), child welfare agency, school board, or entity shall make every reasonable effort to contact the clerk of courts to obtain a copy of the criminal complaint and the final disposition of the complaint. If information obtained under par. (am) or (b) 1., a background information form under sub. (6) (a) or (am), or any other information indicates a conviction of a violation of s. 940.19 (1), 940.195, 940.20, 941.30, 942.08, 947.01 (1), or 947.013 obtained not more than 5 years before the date on which that information was obtained, the department, county department, agency contracted with under s. 48.651 (2), child welfare agency, school board, or entity shall make every reasonable effort to contact the clerk of courts to obtain a copy of the criminal complaint and judgment of conviction relating to that violation.

SB93-SSA1, s. 12 Section 12. 50.065 (2) (bb) of the statutes is amended to read:

SB93-SSA1,5,8 50.065 (2) (bb) If information obtained under par. (am) or (b) indicates a charge of a serious crime, but does not completely and clearly indicate the final disposition of the charge, the department or entity shall make every reasonable effort to contact the clerk of courts to determine the final disposition of the charge. If a background information form under sub. (6) (a) or (am), or any disclosure made pursuant to a disclosure policy described under sub. (6) (am), indicates a charge or a conviction of a serious crime, but information obtained under par. (am) or (b) does not indicate such a charge or conviction, the department or entity shall make every reasonable effort to contact the clerk of courts to obtain a copy of the criminal complaint and the final disposition of the complaint. If information obtained under par. (am) or (b), a background information form under sub. (6) (a) or (am), any disclosure made pursuant to a disclosure policy described under sub. (6) (am), or any other information indicates a conviction of a violation of s. 940.19 (1), 940.195, 940.20, 941.30, 942.08, 947.01 (1), or 947.013 obtained not more than 5 years before the date on which that information was obtained, the department or entity shall make every reasonable effort to contact the clerk of courts to obtain a copy of the criminal complaint and judgment of conviction relating to that violation.

SB93-SSA1, s. 13 Section 13. 59.54 (6) of the statutes is amended to read:

SB93-SSA1,5,14 59.54 (6) Peace and order. The board may enact and enforce ordinances to preserve the public peace and good order within the county including, but not limited by enumeration, ordinances prohibiting conduct that is the same as or similar to conduct that is prohibited by ss. 947.01 (1) and 947.02, and provide a forfeiture for a violation of the ordinances.

SB93-SSA1, s. 14 Section 14. 66.0409 (3) (b) of the statutes is amended to read:

SB93-SSA1,5,21 66.0409 (3) (b) Nothing in this section prohibits a city, village or town that is authorized to exercise village powers under s. 60.22 (3) from enacting an ordinance or adopting a resolution that restricts the discharge of a firearm. Any ordinance or resolution that restricts the discharge of a firearm does not apply and may not be enforced if the actor's conduct is justified or, had it been subject to a criminal penalty, would have been subject to a defense described in s. 939.45.

SB93-SSA1, s. 15 Section 15. 66.0409 (6) of the statutes is created to read:

SB93-SSA1,6,3 66.0409 (6) Unless other facts and circumstances apply, no person may be in violation of, or be charged with a violation of, an ordinance of a political subdivision relating to disorderly conduct or other inappropriate behavior for loading, carrying, or going armed with a firearm, without regard to whether the firearm is loaded or is concealed or openly carried. Any ordinance in violation of this subsection does not apply and may not be enforced.

SB93-SSA1, s. 16 Section 16. 110.07 (1) (a) 1. of the statutes is amended to read:

SB93-SSA1,6,8 110.07 (1) (a) 1. Enforce and assist in the administration of this chapter and chs. 194, 218, 341 to 349 and 351, and ss. 23.33, 125.07 (4) (b), 125.085 (3) (b), 167.31 (2) (b) to (c) and (d) and 287.81 and ch. 350 where applicable to highways, or orders or rules issued pursuant thereto.

SB93-SSA1, s. 17 Section 17. 110.07 (1) (a) 3. of the statutes is amended to read:

SB93-SSA1,6,14 110.07 (1) (a) 3. Have authority to enter any place where vehicles subject to this chapter, ss. 167.31 (2) (b) to (c) and (d) and 287.81 and chs. 194, 218 and 341 to 350 are stored or parked at any time to examine such vehicles, or to stop such vehicles while en route at any time upon the public highways to examine the same and make arrests for all violations thereof.

SB93-SSA1, s. 18 Section 18. 110.07 (1) (b) of the statutes is amended to read:

SB93-SSA1,6,20 110.07 (1) (b) All municipal judges, judges, district attorneys and law enforcement officers shall assist in enforcing this chapter, ss. 167.31 (2) (b) to (c) and (d) and 287.81 and chs. 194, 218 and 341 to 351, and orders or rules issued pursuant thereto and shall report to the department the disposition of every uniform traffic citation issued for cases involving those chapters.

SB93-SSA1, s. 19 Section 19. 165.25 (12) of the statutes is created to read:

SB93-SSA1,7,2 165.25 (12) Rules regarding concealed weapons licenses. Promulgate by rule a list of states that issue a permit, license, approval, or other authorization to carry a concealed weapon if the permit, license, approval, or other authorization requires, or designates that the holder chose to submit to, a background search that is comparable to a background check as defined in s. 175.60 (1) (ac).

SB93-SSA1, s. 20 Section 20. 165.60 of the statutes is amended to read:

SB93-SSA1,7,11 165.60 Law enforcement. The department of justice is authorized to enforce ss. 101.123 (2), (2m), and (8), 175.60 (17) (b), 944.30, 944.31, 944.33, 944.34, 945.02 (2), 945.03 (1m), and 945.04 (1m) and ch. 108 and, with respect to a false statement submitted or made under s. 175.60 (7) (b) or (15) (b) 2., to enforce s. 946.32 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.

SB93-SSA1, s. 21 Section 21. 165.81 (2) of the statutes is repealed.

SB93-SSA1, s. 22 Section 22. 165.82 (1) (intro.) of the statutes is amended to read:

SB93-SSA1,7,16 165.82 (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 175.60:

SB93-SSA1, s. 23 Section 23. 167.30 of the statutes is renumbered 167.30 (1).

SB93-SSA1, s. 24 Section 24. 167.30 (2) of the statutes is created to read:

SB93-SSA1,7,21 167.30 (2) Subsection (1) does not apply to the discharge of a firearm if the actor's conduct is justified or, had it been subject to a criminal penalty, would have been subject to a defense described in s. 939.45.

SB93-SSA1, s. 25 Section 25. 167.31 (1) (b) of the statutes is repealed.

SB93-SSA1, s. 26 Section 26. 167.31 (1) (g) of the statutes is repealed.

SB93-SSA1, s. 27 Section 27. 167.31 (2) (a) of the statutes is repealed.

SB93-SSA1, s. 28 Section 28. 167.31 (2) (b) of the statutes is repealed.

SB93-SSA1, s. 29 Section 29. 167.31 (2) (c) of the statutes is amended to read:

SB93-SSA1,8,3 167.31 (2) (c) Except as provided in sub. (4), no person may load or discharge a firearm or shoot a bolt or an arrow from a bow or crossbow in or from a vehicle.

SB93-SSA1, s. 30 Section 30. 167.31 (2) (d) of the statutes is amended to read:

SB93-SSA1,8,7 167.31 (2) (d) Except as provided in sub. (4) (a), (bg), (cg), (e), and (g), no person may discharge a firearm or shoot a bolt or an arrow from a bow or crossbow from or across a highway or within 50 feet of the center of a roadway.

SB93-SSA1, s. 31 Section 31. 167.31 (2) (e) of the statutes is amended to read:

SB93-SSA1,8,10 167.31 (2) (e) A person who violates pars. (a) to par. (c) or (d) is subject to a forfeiture of not more than $100.

SB93-SSA1, s. 32 Section 32. 167.31 (3) (title) of the statutes is amended to read:

SB93-SSA1,8,12 167.31 (3) (title) Prohibitions Prohibition; aircraft.

SB93-SSA1, s. 33 Section 33. 167.31 (3) (a) of the statutes is amended to read:

SB93-SSA1,8,17 167.31 (3) (a) Except as provided in sub. (4), no person may place, possess or transport a firearm, bow or crossbow in or on an a commercial aircraft, unless the firearm is unloaded and encased or unless the bow or crossbow is unstrung or is enclosed in a carrying case.

SB93-SSA1, s. 34 Section 34. 167.31 (3) (b) of the statutes is amended to read:

SB93-SSA1,8,21 167.31 (3) (b) Except as provided in sub. (4), no person may load or discharge a firearm or shoot a bolt or an arrow from a bow or crossbow in or from an a commercial aircraft.

SB93-SSA1, s. 35 Section 35. 167.31 (4) (a) of the statutes is amended to read:

SB93-SSA1,9,2 167.31 (4) (a) Subsections (2) (c) and (d) and (3) (a) and (b) do not apply to any of the following who, in the line of duty, place, possess, transport, load or discharge a firearm in, on or from a vehicle, motorboat or commercial aircraft or discharge a firearm from or across a highway or within 50 feet of the center of a roadway:

SB93-SSA1, s. 36 Section 36. 167.31 (4) (am) 1. of the statutes is renumbered 167.31 (4) (am) and amended to read:

SB93-SSA1,9,8 167.31 (4) (am) Subsections (2) (a), (c) and (d) and (3) (a) and (b) do not apply to a peace officer who, in the line of duty, loads or discharges a firearm in, on, or from a vehicle, motorboat or commercial aircraft or discharges a firearm from or across a highway or within 50 feet of the center of a roadway.

SB93-SSA1, s. 37 Section 37. 167.31 (4) (am) 2. and 3. of the statutes are repealed.

SB93-SSA1, s. 38 Section 38. 167.31 (4) (at) of the statutes is created to read:

SB93-SSA1,9,14 167.31 (4) (at) Subsections (2) (c) and (d), (3) (a) and (b), and (3m) (a) do not apply to the discharge of a firearm if the actor's conduct is justified or, had it been subject to a criminal penalty, would have been subject to a defense described in s. 939.45.

SB93-SSA1, s. 39 Section 39. 167.31 (4) (b) of the statutes is amended to read:

SB93-SSA1,9,19 167.31 (4) (b) Subsections (2) (a), (b) and (c), (3) (a) and (b), and (3m) (a) do not apply to the holder of a scientific research license under s. 169.25 or a scientific collector permit under s. 29.614 who is using a net gun or tranquilizer gun in an activity related to the purpose for which the license or permit was issued.

SB93-SSA1, s. 40 Section 40. 167.31 (4) (bg), (bn) and (bt) of the statutes are repealed.

SB93-SSA1, s. 41 Section 41. 167.31 (4) (c) of the statutes is amended to read:

SB93-SSA1,9,23 167.31 (4) (c) Subsection (2) (b) and (c) does not apply to the holder of a Class A or Class B permit under s. 29.193 (2) who is hunting from a stationary vehicle.

SB93-SSA1, s. 42 Section 42. 167.31 (4) (cm) and (d) of the statutes are repealed.

SB93-SSA1, s. 43 Section 43. 167.31 (4) (f) of the statutes is amended to read:

SB93-SSA1,10,3 167.31 (4) (f) Subsection (2) (d) does not prohibit a person from possessing a loaded firearm within 50 feet of the center of a roadway if the person does not violate sub. (2) (b) or (c).

SB93-SSA1, s. 44 Section 44. 175.60 of the statutes is created to read:

SB93-SSA1,10,6 175.60 Optional license to carry a concealed weapon. (1) Definitions. In this section:

SB93-SSA1,10,9 (ac) "Background check" means the searches the department conducts under sub. (9g) to determine a person's eligibility for an optional license to carry a concealed weapon.

SB93-SSA1,10,10 (ag) "Carry" means to go armed with.