Amendment SSA2-SB93

SB93-SSA2,27,17 (9g) Background checks. (a) The department shall conduct a background check regarding an applicant for a license using the following procedure:

SB93-SSA2,27,19 1. The department shall create a confirmation number associated with the applicant.

SB93-SSA2,28,11 2. The department shall conduct a criminal history record search and shall search its records and conduct a search in the national instant criminal background check system to determine whether the applicant is prohibited from possessing a firearm under federal law; whether the applicant is prohibited from possessing a firearm under s. 941.29; whether the applicant is prohibited from possessing a firearm under s. 51.20 (13) (cv) 1., 2007 stats.; whether the applicant has been ordered 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); whether the applicant is subject to an injunction under s. 813.12 or 813.122, or a tribal injunction, as defined in s. 813.12 (1) (e), issued by a court established by any federally recognized Wisconsin Indian tribe or band, except the Menominee Indian tribe of Wisconsin, that includes notice to the respondent that he or she is subject to the requirements and penalties under s. 941.29 and that has been filed with the circuit court under s. 806.247 (3); and whether the applicant is prohibited from possessing a firearm under s. 813.125 (4m); and to determine if the court has prohibited the applicant from possessing a dangerous weapon under s. 969.02 (3) (c) or 969.03 (1) (c) and if the applicant is prohibited from possessing a dangerous weapon as a condition of release under s. 969.01.

SB93-SSA2,28,12 3. As soon as practicable, the department shall do the following:

SB93-SSA2,28,14 a. If the background check indicates sub. (3) (b), (c), (d), or (e) applies to the applicant, create a unique nonapproval number for the applicant.

SB93-SSA2,28,16 b. If the completed background check does not indicate that sub. (3) (b), (c), (d), or (e) applies to the applicant, create a unique approval number for the applicant.

SB93-SSA2,28,19 (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-SSA2,28,25 (9r) Emergency license. (a) An individual who requires an immediate 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 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-SSA2,29,2 (b) An emergency license issued under this subsection is valid for 30 days unless it is revoked under par. (bm) or it is void under par. (c).

SB93-SSA2,29,5 (bm) If the court determines that a holder of an emergency license issued under par. (a) is ineligible under sub. (3) for a license, the court shall revoke the emergency license.

SB93-SSA2,29,8 (c) If the holder of an emergency license issued under par. (a) applies for a license under sub. (7) and is determined to be ineligible under sub. (3) for a license, the emergency license is void.

SB93-SSA2,29,9 (11) Updated information. (a) 1. In this paragraph:

SB93-SSA2,29,12 a. "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-SSA2,29,14 b. "Court automated information systems" means the systems under s. 758.19 (4).

SB93-SSA2,29,19 2. 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-SSA2,29,21 a. 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-SSA2,29,22 b. The individual is found incompetent under s. 971.14.

SB93-SSA2,29,24 c. The individual is found not guilty of any crime by reason of mental disease or mental defect under s. 971.17.

SB93-SSA2,30,2 d. The individual is involuntarily committed for treatment under s. 51.20 or 51.45.

SB93-SSA2,30,3 e. The individual is found incompetent under ch. 54.

SB93-SSA2,30,5 f. 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-SSA2,30,7 g. A court has prohibited the individual from possessing a dangerous weapon under s. 969.02 (3) (c) or 969.03 (1) (c).

SB93-SSA2,30,9 h. 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-SSA2,30,11 i. The individual is on release under s. 969.01 and the individual may not possess a dangerous weapon as a condition of the release.

SB93-SSA2,30,14 3. Upon receiving a notice under subd. 2., 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-SSA2,30,17 (b) 1. No later than 30 days after changing his or her address, a licensee shall inform the department of the new address. The department shall include the individual's new address in the list under sub. (12) (a).

SB93-SSA2,30,19 2. Except as provided in subd. 3., for a first violation of subd. 1., the department must issue the licensee a warning.

SB93-SSA2,30,22 3. If an individual is in violation of subd. 1. and his or her license has been suspended or revoked under sub. (14), the individual is subject to the penalty under sub. (17) (ac).

SB93-SSA2,30,25 4. A licensee may not be charged with a violation of subd. 1. if the department learns of the violation when the licensee informs the department of the address change.

SB93-SSA2,31,8 (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 and all individuals issued a certification card under s. 175.49 (3). Subject to par. (b) 1. b., 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 individuals or by the identification numbers assigned to licensees under sub. (2m) (b) 6.

SB93-SSA2,31,11 (b) 1. A law enforcement officer may not request or be provided information under par. (a) concerning a specific individual except for one of the following purposes:

SB93-SSA2,31,13 a. To confirm that a license or certification card produced by an individual at the request of a law enforcement officer is valid.

SB93-SSA2,31,17 b. If an individual is carrying a concealed weapon and claims to hold a valid license issued under this section or a valid certification card issued under s. 175.49 (3) but does not have his or her license document or certification card, to confirm that the individual holds a valid license or certification card.

SB93-SSA2,31,19 c. To investigate whether an individual submitted an intentionally false statement under sub. (7) (b) or (15) (b) 2.

SB93-SSA2,31,20 d. To investigate whether an individual complied with sub. (14) (b) 3.

SB93-SSA2,31,22 2. A person who is a law enforcement officer in a state other than Wisconsin may request and be provided information under subd. 1. a. and b.

SB93-SSA2,32,2 (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 or holder of a certification card is relevant or through a report created under sub. (19).

SB93-SSA2,32,6 (12g) Providing licensee information to law enforcement agencies. (a) The department shall provide information concerning a specific individual on the list maintained under sub. (12) (a) to a law enforcement agency, but only if the law enforcement agency is requesting the information for any of the following purposes:

SB93-SSA2,32,8 1. To confirm that a license or certification card produced by an individual at the request of a law enforcement officer is valid.

SB93-SSA2,32,12 2. If an individual is carrying a concealed weapon and claims to hold a valid license issued under this section or a valid certification card issued under s. 175.49 (3) but does not have his or her license document or certification card, to confirm that an individual holds a valid license or certification card.

SB93-SSA2,32,15 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-SSA2,32,20 (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 available to the public except in the context of a prosecution for an offense in which the person's status as a licensee or holder of a certification card is relevant.

SB93-SSA2,32,24 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 based on the individual's status as a licensee or holder of a certificate card.

SB93-SSA2,33,4 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 or holders of certification cards of any individuals involved.

SB93-SSA2,33,14 (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 $12 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-SSA2,33,17 (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), (d), (e), (f), or (g) applies to the licensee.

SB93-SSA2,33,25 (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) or 969.03 (1) (c). If the individual whose license was suspended is no longer subject to the prohibition under s. 969.02 (3) (c) or 969.03 (1) (c), whichever is applicable, sub. (3) (b), (c), (d), (e), (f), or (g) 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-SSA2,34,4 (b) 1. If the department suspends or revokes a license issued under this section, the department shall send by mail the individual whose license has been suspended or revoked notice of the suspension or revocation within one day after the suspension or revocation.

SB93-SSA2,34,7 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-SSA2,34,9 3. Within 7 days after receiving the notice, the individual whose license has been suspended or revoked shall do one of the following:

SB93-SSA2,34,11 a. Deliver the license document personally or by certified mail to the department.

SB93-SSA2,34,14 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-SSA2,34,17 (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-SSA2,34,22 (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-SSA2,35,5 (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-SSA2,35,8 (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-SSA2,35,12 (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-SSA2,35,16 (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-SSA2,35,18 (f) The court shall reverse the department's action if the court finds any of the following:

SB93-SSA2,35,20 1. That the department failed to follow any procedure, or take any action, prescribed under this section.

SB93-SSA2,35,22 2. That the department erroneously interpreted a provision of law and a correct interpretation compels a different action.

SB93-SSA2,35,24 3. That the department's action depends on a finding of fact that is not supported by substantial evidence in the record.

SB93-SSA2,36,2 4. a. If the appeal is regarding a denial, that the denial was based on factors other than the factors under sub. (3).

SB93-SSA2,36,4 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-SSA2,36,6 (g) 1. The court's decision shall provide whatever relief is appropriate regardless of the original form of the petition.

SB93-SSA2,36,9 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-SSA2,36,13 (15) License expiration and renewal. (a) Except as provided in par. (e) and sub. (9r) (b), a 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-SSA2,36,18 (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-SSA2,36,19 1. Submits a renewal application on the form provided by the department.

SB93-SSA2,36,22 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-SSA2,36,23 4. Pays all of the following:

SB93-SSA2,37,3 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 $12. The department shall determine the costs of renewing a license by using a 5-year planning period.

SB93-SSA2,37,5 b. A fee for a background check that is equal to the fee charged under s. 175.35 (2i).

SB93-SSA2,37,7 (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-SSA2,37,9 (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-SSA2,37,13 (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-SSA2,37,18 (15m) Employer restrictions. (a) Except as provided in par. (b), an employer may prohibit a licensee or an out-of-state licensee that it employs from carrying a concealed weapon or a particular type of concealed weapon in the course of the licensee's or out-of-state licensee's employment or during any part of the licensee's or out-of-state licensee's course of employment.

SB93-SSA2,37,24 (b) An employer may not prohibit a licensee or an out-of-state licensee, 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 licensee's or out-of-state licensee'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-SSA2,38,3 (16) Prohibited activity. (a) Except as provided in par. (b), neither a licensee nor an out-of-state licensee may knowingly carry a concealed weapon, a weapon that is not concealed, or a firearm that is not a weapon in any of the following places:

SB93-SSA2,38,6 1. Any portion of a building that is a police station, sheriff's office, state patrol station, or the office of a division of criminal investigation special agent of the department.

SB93-SSA2,38,8 2. Any portion of a building that is a prison, jail, house of correction, or secured correctional facility.

SB93-SSA2,38,9 3. The facility established under s. 46.055.

SB93-SSA2,38,10 4. The center established under s. 46.056.

SB93-SSA2,38,13 5. Any secured unit or secured portion of a mental health institute under s. 51.05, including a facility designated as the Maximum Security Facility at Mendota Mental Health Institute.

SB93-SSA2,38,14 6. Any portion of a building that is a county, state, or federal courthouse.

SB93-SSA2,38,15 7. Any portion of a building that is a municipal courtroom if court is in session.

SB93-SSA2,38,16 8. A place beyond a security checkpoint in an airport.

SB93-SSA2,38,17 (b) The prohibitions under par. (a) do not apply to any of the following:

SB93-SSA2,38,19 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).