Amendment AA2-SSA2-AB843

AB843-SSA2-AA2,8,9 (2) A school district is eligible for aid under this section if all of the following apply:

AB843-SSA2-AA2,8,11 (a) The school board and a local law enforcement agency jointly develop a school safety expenditure plan that satisfies all of the following criteria:

AB843-SSA2-AA2,8,13 1. The plan is consistent with the school board's school safety plan under s. 118.07 (4).

AB843-SSA2-AA2,8,14 2. The plan covers each school in the school district.

AB843-SSA2-AA2,8,15 3. The plan describes how the school board will use aid under this section.

AB843-SSA2-AA2,8,17 (b) The school board approves and submits the school safety expenditure plan to the department.

AB843-SSA2-AA2,8,23 (3) Beginning in the 2018-19 school year, from the appropriation under s. 20.255 (2) (ap), the department shall pay each school district that is eligible under sub. (2) an amount equal to $100 times the number of pupils enrolled in the school district or $40,000, whichever is greater, for the purpose of covering compensation costs associated with providing security officers in the school district, purchasing safety equipment, and improving school safety.

AB843-SSA2-AA2,14 Section 14. 118.07 (4) (b) of the statutes is amended to read:

AB843-SSA2-AA2,9,14 118.07 (4) (b) A school safety plan shall be created Each school board and the governing body of each private school shall establish a school safety team. The school board or governing body shall create the school safety plan with the active participation of appropriate parties, as specified by the school board or governing body of the private school. The appropriate parties the school safety team. The school safety team may include local law enforcement officers, fire fighters, school administrators, teachers, pupil services professionals, as defined in s. 118.257 (1) (c), parents, pupils, community members, and mental health professionals. A school safety plan shall include general guidelines specifying procedures for emergency prevention and mitigation, preparedness, response, and recovery. The plan shall specify one individual employed by the school board or governing body who is responsible for implementing the school safety plan. The plan shall also specify the process for reviewing the methods for conducting drills required to comply with the plan.

AB843-SSA2-AA2,15 Section 15. 118.07 (4) (d) of the statutes is amended to read:

AB843-SSA2-AA2,9,20 118.07 (4) (d) Each school board and the governing body of each private school shall review the school safety plan at least once every 3 years after the plan goes into effect. At least once every 3 years, each school board and the governing body of each private school shall conduct a comprehensive security site assessment of each school building and facility that is owned or leased by the school board or governing body.

AB843-SSA2-AA2,16 Section 16. 118.07 (4) (e) of the statutes is created to read:

AB843-SSA2-AA2,9,24 118.07 (4) (e) The department shall promulgate rules to establish minimum standards for conducting comprehensive security site assessments and for establishing school safety teams.

AB843-SSA2-AA2,17 Section 17. 119.04 (1) of the statutes, as affected by 2017 Wisconsin Act 59, is amended to read:

AB843-SSA2-AA2,10,15 119.04 (1) Subchapters IV, V and VII of ch. 115, ch. 121 and ss. 66.0235 (3) (c), 66.0603 (1m) to (3), 115.01 (1) and (2), 115.28, 115.31, 115.33, 115.34, 115.343, 115.345, 115.363, 115.364, 115.365 (3), 115.367, 115.369, 115.38 (2), 115.415, 115.434, 115.445, 118.001 to 118.04, 118.045, 118.06, 118.07, 118.075, 118.076, 118.10, 118.12, 118.125 to 118.14, 118.145 (4), 118.15, 118.153, 118.16, 118.162, 118.163, 118.164, 118.18, 118.19, 118.196, 118.20, 118.223, 118.225, 118.24 (1), (2) (c) to (f), (6), (8), and (10), 118.245, 118.255, 118.258, 118.291, 118.292, 118.293, 118.30 to 118.43, 118.46, 118.50, 118.51, 118.52, 118.53, 118.55, 118.56, 120.12 (2m), (4m), (5), and (15) to (27), 120.125, 120.13 (1), (2) (b) to (g), (3), (14), (17) to (19), (26), (34), (35), (37), (37m), (38), and (39), 120.137, 120.14, 120.20, 120.21 (3), and 120.25 are applicable to a 1st class city school district and board but not, unless explicitly provided in this chapter or in the terms of a contract, to the commissioner or to any school transferred to an opportunity schools and partnership program.

AB843-SSA2-AA2,18 Section 18. 165.63 (3) of the statutes is amended to read:

AB843-SSA2-AA2,10,20 165.63 (3) Requests from courts. In making a determination required under s. 813.124 (8) (a), 813.1285 (7) (a), or 968.20 (1m) (d) 1., a judge or court commissioner shall request information under sub. (2) from the department or from a law enforcement agency or law enforcement officer as provided in sub. (4) (d).

AB843-SSA2-AA2,19 Section 19. 165.63 (4) (d) of the statutes is amended to read:

AB843-SSA2-AA2,10,24 165.63 (4) (d) Aid the court in making a determination required under s. 813.124 (8) (a), 813.1285 (7) (a), or 968.20 (1m) (d) 1. or aid an entity in making a determination required under s. 968.20 (1m) (d) 2.

AB843-SSA2-AA2,20 Section 20. 175.33 of the statutes is created to read:

AB843-SSA2-AA2,11,1 175.33 Transfer of firearms. (1) In this section:

AB843-SSA2-AA2,11,3 (a) “Family member" means a spouse, parent, grandparent, sibling, child, or grandchild. The relationship may be by blood, marriage, or adoption.

AB843-SSA2-AA2,11,4 (b) “Firearms dealer" has the meaning given in s. 175.35 (1) (ar).

AB843-SSA2-AA2,11,6 (2) No person may sell or transfer ownership of a firearm, or purchase or obtain ownership of a firearm, unless one of the following applies:

AB843-SSA2-AA2,11,7 (a) The seller or transferor is a firearms dealer.

AB843-SSA2-AA2,11,9 (b) The seller or transferor makes the sale or transfer to or through a firearms dealer and obtains a receipt under s. 175.35 (2j) (b).

AB843-SSA2-AA2,11,11 (c) The sale or transfer of ownership of the firearm is one of the transfers listed under s. 175.35 (2t).

AB843-SSA2-AA2,11,14 (d) The transferor is transferring ownership of the firearm to a family member by gift, bequest, sale, or inheritance, the transferee is not prohibited from possessing a firearm under s. 941.29, and the transferee is at least 18 years of age.

AB843-SSA2-AA2,11,18 (e) The transferor is transferring ownership of the firearm with the intent that the transfer be temporary, neither the transferor nor the transferee is prohibited from possessing a firearm under s. 941.29, and the purpose of the transfer is not prohibited by law.

AB843-SSA2-AA2,11,22 (3) Any person who intentionally violates sub. (2) is guilty of a misdemeanor and shall be fined not less than $500 nor more than $10,000 and may be imprisoned for not more than 9 months. The person is also prohibited under s. 941.29 from possessing a firearm for a period of 2 years.

AB843-SSA2-AA2,21 Section 21. 175.35 (title) of the statutes is amended to read:

AB843-SSA2-AA2,11,25 175.35 (title) Purchase Waiting period for the purchase of handguns firearms.

AB843-SSA2-AA2,22 Section 22. 175.35 (1) (at) of the statutes is amended to read:

AB843-SSA2-AA2,12,17 175.35 (1) (at) “Firearms restrictions record search" means a search of department of justice records to determine whether a person seeking to purchase a handgun firearm is prohibited from possessing a firearm under s. 941.29. “Firearms restrictions record search" includes a criminal history record search, a search to determine whether a person is prohibited from possessing a firearm under s. 51.20 (13) (cv) 1., 2007 stats., a search in the national instant criminal background check system to determine whether a person 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), a search to determine whether the person 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. 813.128 (3g), and a search to determine whether the person is prohibited from possessing a firearm under s. 813.123 (5m), 813.124 (3) or (4), or 813.125 (4m).

AB843-SSA2-AA2,23 Section 23. 175.35 (1) (b) of the statutes is repealed.

AB843-SSA2-AA2,24 Section 24. 175.35 (2) (intro.) of the statutes is renumbered 175.35 (2) (am) and amended to read:

AB843-SSA2-AA2,12,23 175.35 (2) (am) When a firearms dealer sells or transfers a handgun firearm, he or she may not transfer possession of that handgun firearm to any other person until all of the following have occurred: requirements under par. (cm) have been met.

AB843-SSA2-AA2,25 Section 25. 175.35 (2) (a), (b), (c) and (d) of the statutes are renumbered 175.35 (2) (cm) 1., 2., 3. and 4., and 175.35 (2) (cm) 4., as renumbered, is amended to read:

AB843-SSA2-AA2,13,6 175.35 (2) (cm) 4. The Forty-eight hours have elapsed from the time that the firearms dealer has received an approval a confirmation number regarding the firearms restrictions record search under sub. (2g) (c) from the department of justice and the firearms dealer has not been notified that the person is prohibited under state or federal law from possessing a firearm or that the department needs an extension under sub. (2g) (c) 4. c.

AB843-SSA2-AA2,26 Section 26. 175.35 (2) (bm) of the statutes is created to read:

AB843-SSA2-AA2,13,14 175.35 (2) (bm) When a person sells a firearm or transfers ownership of a firearm through a firearms dealer, the person may not transfer possession of that firearm to any person other than the firearms dealer, and the firearms dealer may not transfer or authorize the transfer of possession of that firearm to any person, until all of the requirements of par. (cm) have been met. This paragraph does not apply if a person sells a firearm, or transfers ownership of a firearm, to a firearms dealer.

AB843-SSA2-AA2,27 Section 27. 175.35 (2) (cm) (intro.) of the statutes is created to read:

AB843-SSA2-AA2,13,17 175.35 (2) (cm) (intro.) All of the following must occur before a sale or transfer of a firearm occurs under par. (am) or (bm):

AB843-SSA2-AA2,28 Section 28. 175.35 (2g) (a) of the statutes is amended to read:

AB843-SSA2-AA2,13,21 175.35 (2g) (a) The department of justice shall promulgate rules prescribing procedures for use under sub. (2) (cm) 1. for a transferee to provide and a firearms dealer to inspect identification containing a photograph of the transferee.

AB843-SSA2-AA2,29 Section 29. 175.35 (2g) (b) of the statutes is amended to read:

AB843-SSA2-AA2,14,3 175.35 (2g) (b) The department of justice shall promulgate rules prescribing a notification form for use under sub. (2) (cm) 2. and 3. requiring the transferee to provide his or her name, date of birth, gender, race and social security number, and other identification necessary to permit an accurate firearms restrictions record search under par. (c) 3. and the required notification under par. (c) 4. The department of justice shall make the forms available at locations throughout the state.

AB843-SSA2-AA2,30 Section 30. 175.35 (2g) (c) 4. c. of the statutes is amended to read:

AB843-SSA2-AA2,14,11 175.35 (2g) (c) 4. c. If the search indicates that it is unclear whether the person is prohibited under state or federal law from possessing a firearm and the department needs more time than provided under sub. (2) (cm) 4. to make the determination, the department shall make every reasonable effort to determine whether the person is prohibited under state or federal law from possessing a firearm and notify the firearms dealer of the results as soon as practicable but no later than 5 working days after the search was requested.

AB843-SSA2-AA2,31 Section 31. 175.35 (2i) of the statutes is renumbered 175.35 (2i) (a) and amended to read:

AB843-SSA2-AA2,14,16 175.35 (2i) (a) The department shall charge a firearms dealer a $10 fee for each firearms restrictions record search that the firearms dealer requests under sub. (2) (c) (cm) 3.

AB843-SSA2-AA2,14,17 (b) 1. The firearms dealer may collect the fee under par. (a) from the transferee.

AB843-SSA2-AA2,14,20 (c) The department may refuse to conduct firearms restrictions record searches for any firearms dealer who fails to pay any fee under this subsection par. (a) within 30 days after billing by the department.

AB843-SSA2-AA2,32 Section 32. 175.35 (2i) (b) 2. of the statutes is created to read:

AB843-SSA2-AA2,14,24 175.35 (2i) (b) 2. If the transfer is made under sub. (2) (bm), the firearms dealer may collect from the transferor the fee under par. (a) and any additional amount to cover any costs he or she incurs in processing the transfer.

AB843-SSA2-AA2,33 Section 33. 175.35 (2j) of the statutes is renumbered 175.35 (2j) (a).

AB843-SSA2-AA2,34 Section 34. 175.35 (2j) (b) of the statutes is created to read:

AB843-SSA2-AA2,15,6 175.35 (2j) (b) If a person sells a firearm or transfers ownership of a firearm through a firearms dealer under sub. (2) (bm), or sells a firearm or transfers ownership of a firearm to a firearms dealer, the firearms dealer shall provide the person a written receipt documenting the dealer's participation in the sale or transfer.

AB843-SSA2-AA2,35 Section 35. 175.35 (2k) (ar) 2. of the statutes is amended to read:

AB843-SSA2-AA2,15,15 175.35 (2k) (ar) 2. Check each notification form received under sub. (2j) (a) against the information recorded by the department regarding the corresponding request for a firearms restrictions record search under sub. (2g). If the department previously provided a unique approval number regarding the request and nothing in the completed notification form indicates that the transferee is prohibited from possessing a firearm under s. 941.29, the department shall destroy all records regarding that firearms restrictions record search within 30 days after receiving the notification form.

AB843-SSA2-AA2,36 Section 36. 175.35 (2k) (c) 2. a. of the statutes is amended to read:

AB843-SSA2-AA2,15,19 175.35 (2k) (c) 2. a. A statement that the Wisconsin law enforcement agency is conducting an investigation of a crime in which a handgun firearm was used or was attempted to be used or was unlawfully possessed.

AB843-SSA2-AA2,37 Section 37. 175.35 (2k) (c) 2. b. of the statutes is amended to read:

AB843-SSA2-AA2,15,24 175.35 (2k) (c) 2. b. A statement by a division commander or higher authority within the Wisconsin law enforcement agency that he or she has a reasonable suspicion that the person who is the subject of the information request has obtained or is attempting to obtain a handgun firearm.

AB843-SSA2-AA2,38 Section 38. 175.35 (2k) (g) of the statutes is amended to read:

AB843-SSA2-AA2,16,4 175.35 (2k) (g) If a search conducted under sub. (2g) indicates that the transferee is prohibited from possessing a firearm under s. 941.29, the attorney general or his or her designee may shall disclose to a law enforcement agency that the transferee has attempted to obtain a handgun firearm.

AB843-SSA2-AA2,39 Section 39. 175.35 (2k) (h) of the statutes is amended to read:

AB843-SSA2-AA2,16,11 175.35 (2k) (h) If a search conducted under sub. (2g) indicates a felony charge without a recorded disposition and the attorney general or his or her designee has reasonable grounds to believe the transferee may pose a danger to himself, herself or another, the attorney general or his or her designee may disclose to a law enforcement agency that the transferee has obtained or has attempted to obtain a handgun firearm.

AB843-SSA2-AA2,40 Section 40. 175.35 (2L) of the statutes is amended to read:

AB843-SSA2-AA2,16,18 175.35 (2L) The department of justice shall promulgate rules providing for the review of nonapprovals under sub. (2g) (c) 4. a. Any person who is denied the right to purchase a handgun firearm because the firearms dealer received a nonapproval number under sub. (2g) (c) 4. a. may request a firearms restrictions record search review under those rules. If the person disagrees with the results of that review, the person may file an appeal under rules promulgated by the department.

AB843-SSA2-AA2,41 Section 41. 175.35 (2t) (a), (b) and (c) of the statutes are amended to read:

AB843-SSA2-AA2,16,21 175.35 (2t) (a) Transfers of any handgun firearm classified as an antique by regulations of the U.S. department of the treasury.

AB843-SSA2-AA2,16,23 (b) Transfers of any handgun firearm between firearms dealers or between wholesalers and dealers.

AB843-SSA2-AA2,16,25 (c) Transfers of any handgun firearm to law enforcement or armed services agencies.

AB843-SSA2-AA2,42 Section 42. 175.60 (7) (d) of the statutes is amended to read:

AB843-SSA2-AA2,17,3 175.60 (7) (d) A fee for a background check that is equal to the fee charged under s. 175.35 (2i) (a).

AB843-SSA2-AA2,43 Section 43. 175.60 (9g) (a) 2. of the statutes is amended to read:

AB843-SSA2-AA2,17,22 175.60 (9g) (a) 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. 813.128 (3g); and whether the applicant is prohibited from possessing a firearm under s. 813.123 (5m), 813.124 (3) or (4), or 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.

AB843-SSA2-AA2,44 Section 44. 175.60 (15) (b) 4. b. of the statutes is amended to read:

AB843-SSA2-AA2,17,25 175.60 (15) (b) 4. b. A fee for a background check that is equal to the fee charged under s. 175.35 (2i) (a).

AB843-SSA2-AA2,45 Section 45. 757.69 (1) (j) of the statutes is amended to read:

AB843-SSA2-AA2,18,3 757.69 (1) (j) Hold hearings, make findings and issue temporary restraining orders under s. 813.122 or, 813.123 , or 813.124.

AB843-SSA2-AA2,46 Section 46. 801.50 (5s) of the statutes is amended to read:

AB843-SSA2-AA2,18,7 801.50 (5s) Venue of an action under s. 813.122 , 813.124, or 813.125 shall be in the county in which the cause of action arose or where the petitioner or the respondent resides.

AB843-SSA2-AA2,47 Section 47. 813.06 of the statutes is amended to read:

AB843-SSA2-AA2,18,17 813.06 Security for damages. In proceedings under s. 767.225 the court or judge may, and in all other proceedings except proceedings under ss. 813.12, 813.122, 813.124, 813.125 and 823.113 the court or judge shall, require a bond of the party seeking an injunction, with sureties, to the effect that he or she will pay to the party enjoined such damages, not exceeding an amount to be specified, as he or she may sustain by reason of the injunction if the court finally decides that the party was not entitled thereto. Copies of such bond, affidavit or other pleading shall be served upon the party enjoined and the officer serving the same shall, within 8 days after such service, file his or her return in the office of the clerk of the court.

AB843-SSA2-AA2,48 Section 48. 813.124 of the statutes is created to read:

AB843-SSA2-AA2,18,20 813.124 Lethal violence protective orders and injunctions. (1) Definitions. In this section:

AB843-SSA2-AA2,18,21 (a) “Firearms dealer" has the meaning given in s. 175.35 (1) (ar).