Amendment SA1-SSA2-AB843

AB843-SSA2-SA1,7 Section 7. 115.364 (2) (a) 1., 2. and 3. of the statutes, as created by 2017 Wisconsin Act 59, are amended to read:

AB843-SSA2-SA1,3,16 115.364 (2) (a) 1. Subject to par. (b), from the appropriation under s. 20.255 (2) (da), pay to an eligible school district an amount equal to 50 percent of the amount by which the school district increased its expenditures in the preceding school year to employ, hire, or retain social workers pupil services personnel over the amount it expended in the school year immediately preceding the preceding school year to employ, hire, or retain social workers pupil services personnel.

AB843-SSA2-SA1,3,22 2. Subject to par. (b), from the appropriation under s. 20.255 (2) (da), pay to an eligible independent charter school an amount equal to 50 percent of the amount by which the independent charter school increased its expenditures in the preceding school year to employ, hire, or retain social workers pupil services personnel over the amount it expended in the school year immediately preceding the preceding school year to employ, hire, or retain social workers pupil services personnel.

AB843-SSA2-SA1,4,3 3. Subject to par. (b), from the appropriation under s. 20.255 (2) (da), pay to an eligible private school an amount equal to 50 percent of the amount by which the private school increased it expenditures in the preceding school year to employ, hire, or retain social workers pupil services personnel over the amount it expended in the school year immediately preceding the preceding school year to employ, hire, or retain social workers pupil services personnel.

AB843-SSA2-SA1,8 Section 8. 115.364 (2) (b) 2. a. of the statutes, as created by 2017 Wisconsin Act 59, is amended to read:

AB843-SSA2-SA1,4,13 115.364 (2) (b) 2. a. Subject to subd. 2. b., if, after making the payments required under par. (a), moneys remain in the appropriation account under s. 20.255 (2) (da), the state superintendent shall reimburse eligible school districts, private schools, and independent charter schools for an amount equal to expenditures made by the school district, private school, or independent charter school in the preceding school year to employ, hire, or retain social workers pupil services personnel less the amount of increased expenditures for which the school district, private school, or independent charter school was reimbursed under par. (a).

AB843-SSA2-SA1,9 Section 9. 115.367 (3) of the statutes, as created by 2017 Wisconsin Act 59, is amended to read:

AB843-SSA2-SA1,4,19 115.367 (3) Awards. The department shall award grants under this section beginning in the 2018-19 school year. From the appropriation under s. 20.255 (2) (dt), the department shall award at least $3,250,000 $10,250,000 in grants under this section each school year.

AB843-SSA2-SA1,10 Section 10. 115.369 of the statutes is created to read:

AB843-SSA2-SA1,4,24 115.369 Violence prevention and reduction grants. (1) Beginning in the 2018-19 school year, the department shall award grants on a competitive basis to school districts to develop and implement programs to prevent and reduce violence in schools.

AB843-SSA2-SA1,5,2 (2) A school district may not expend proceeds of a grant received under this section on school district personnel costs.

AB843-SSA2-SA1,5,4 (3) The department shall promulgate rules to implement and administer this section, including all of the following:

AB843-SSA2-SA1,5,5 (a) Rules that specify eligibility criteria for receiving a grant under this section.

AB843-SSA2-SA1,5,7 (b) Rules that specify eligible uses of grant proceeds, including funding any of the following school violence prevention activities:

AB843-SSA2-SA1,5,9 1. Developing and implementing conflict resolution or dispute management strategies, including restorative justice and student leadership programs.

AB843-SSA2-SA1,5,11 2. Providing character education, asset building, peer mediation, antibullying, and equity programs.

AB843-SSA2-SA1,5,13 3. Developing and implementing suicide risk screening, intervention, and prevention efforts.

AB843-SSA2-SA1,5,14 4. Implementing behavioral systems of support.

AB843-SSA2-SA1,5,15 5. Developing and implementing violence prevention curricula.

AB843-SSA2-SA1,5,17 6. Providing wraparound services for pupils, community schools, and family engagement activities.

AB843-SSA2-SA1,5,18 7. Providing school threat or risk assessments.

AB843-SSA2-SA1,5,20 8. Developing and implementing safety, violence prevention, emergency preparedness, and all-hazards school plans.

AB843-SSA2-SA1,5,21 9. Providing trainings with local community or law enforcement partners.

AB843-SSA2-SA1,11 Section 11. 115.434 of the statutes is created to read:

AB843-SSA2-SA1,5,23 115.434 School safety aid. (1) In this section:

AB843-SSA2-SA1,6,3 (a) “Local law enforcement agency" means a governmental unit of one or more persons employed full time by a city, town, village, or county in this state for the purpose of preventing and detecting crime and enforcing state laws or local ordinances, employees of which unit are authorized to make arrests for crimes while acting within the scope of their authority.

AB843-SSA2-SA1,6,5 (b) “Number of pupils enrolled" has the meaning given in s. 121.90 (1) (intro.) and includes 40 percent of the summer enrollment.

AB843-SSA2-SA1,6,7 (2) A school district is eligible for aid under this section if all of the following apply:

AB843-SSA2-SA1,6,9 (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-SA1,6,11 1. The plan is consistent with the school board's school safety plan under s. 118.07 (4).

AB843-SSA2-SA1,6,12 2. The plan covers each school in the school district.

AB843-SSA2-SA1,6,13 3. The plan describes how the school board will use aid under this section.

AB843-SSA2-SA1,6,15 (b) The school board approves and submits the school safety expenditure plan to the department.

AB843-SSA2-SA1,6,21 (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-SA1,12 Section 12. 118.07 (4) (b) of the statutes is amended to read:

AB843-SSA2-SA1,7,11 118.07 (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-SA1,13 Section 13. 118.07 (4) (d) of the statutes is amended to read:

AB843-SSA2-SA1,7,17 118.07 (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-SA1,14 Section 14. 118.07 (4) (e) of the statutes is created to read:

AB843-SSA2-SA1,7,21 118.07 (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-SA1,15 Section 15. 119.04 (1) of the statutes, as affected by 2017 Wisconsin Act 59, is amended to read:

AB843-SSA2-SA1,8,11 119.04 (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-SA1,15g Section 15g. 165.25 (17) of the statutes is created to read:

AB843-SSA2-SA1,8,18 165.25 (17) Background checks for private gun sales. Upon request from an individual, the department of justice shall perform a background check on an individual that is identical to a firearms restrictions record search under s. 175.35 (1) (at) and, if the search does not indicate that the individual is prohibited from possessing a firearm under state or federal law, issue the individual a certificate indicating the results of the search that is valid for 30 days after issuance.

AB843-SSA2-SA1,15t Section 15t. 165.82 (1) (intro.) of the statutes is amended to read:

AB843-SSA2-SA1,8,23 165.82 (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. 165.25 (17), 175.35, 175.49, or 175.60:

AB843-SSA2-SA1,16 Section 16. 175.33 of the statutes is created to read:

AB843-SSA2-SA1,8,25 175.33 Transfer of firearms. (1) In this section:

AB843-SSA2-SA1,9,2 (a) “Family member" means a spouse, parent, grandparent, sibling, child, or grandchild. The relationship may be by blood, marriage, or adoption.

AB843-SSA2-SA1,9,3 (b) “Firearms dealer" has the meaning given in s. 175.35 (1) (ar).

AB843-SSA2-SA1,9,5 (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-SA1,9,6 (a) The seller or transferor is a firearms dealer.

AB843-SSA2-SA1,9,8 (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-SA1,9,11 (bm) The seller or transferor is not a firearms dealer and is transferring ownership of the firearm to a person who has a valid certificate issued by the department of justice under s. 165.25 (17).

AB843-SSA2-SA1,9,13 (c) The sale or transfer of ownership of the firearm is one of the transfers listed under s. 175.35 (2t).

AB843-SSA2-SA1,9,16 (d) The transferor is transferring ownership of the firearm to a family member by gift, bequest, inheritance, or sale, 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-SA1,9,20 (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-SA1,9,24 (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-SA1,17 Section 17. 175.35 (title) of the statutes is amended to read:

AB843-SSA2-SA1,10,1 175.35 (title) Purchase of handguns firearms.

AB843-SSA2-SA1,18 Section 18. 175.35 (1) (at) of the statutes is amended to read:

AB843-SSA2-SA1,10,18 175.35 (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) or 813.125 (4m).

AB843-SSA2-SA1,19 Section 19. 175.35 (1) (b) of the statutes is repealed.

AB843-SSA2-SA1,20 Section 20. 175.35 (2) (intro.) of the statutes is renumbered 175.35 (2) (am) and amended to read:

AB843-SSA2-SA1,10,24 175.35 (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-SA1,21 Section 21. 175.35 (2) (a), (b), (c) and (d) of the statutes are renumbered 175.35 (2) (cm) 1., 2., 3. and 4.

AB843-SSA2-SA1,22 Section 22. 175.35 (2) (bm) of the statutes is created to read:

AB843-SSA2-SA1,11,10 175.35 (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-SA1,23 Section 23. 175.35 (2) (cm) (intro.) of the statutes is created to read:

AB843-SSA2-SA1,11,13 175.35 (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-SA1,24 Section 24. 175.35 (2g) (a) of the statutes is amended to read:

AB843-SSA2-SA1,11,17 175.35 (2g) (a) The department of justice shall promulgate rules prescribing procedures for use under sub. (2) (d) for a transferee to provide and a firearms dealer to inspect identification containing a photograph of the transferee.

AB843-SSA2-SA1,25 Section 25. 175.35 (2g) (b) of the statutes is amended to read:

AB843-SSA2-SA1,11,24 175.35 (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-SA1,26 Section 26. 175.35 (2g) (c) 4. c. of the statutes is amended to read:

AB843-SSA2-SA1,12,7 175.35 (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-SA1,27 Section 27. 175.35 (2i) of the statutes is renumbered 175.35 (2i) (a) and amended to read:

AB843-SSA2-SA1,12,12 175.35 (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-SA1,12,13 (b) 1. The firearms dealer may collect the fee under par. (a) from the transferee.

AB843-SSA2-SA1,12,16 (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-SA1,28 Section 28. 175.35 (2i) (b) 2. of the statutes is created to read:

AB843-SSA2-SA1,12,20 175.35 (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-SA1,29 Section 29. 175.35 (2j) of the statutes is renumbered 175.35 (2j) (a).

AB843-SSA2-SA1,30 Section 30. 175.35 (2j) (b) of the statutes is created to read:

AB843-SSA2-SA1,13,2 175.35 (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-SA1,31 Section 31. 175.35 (2k) (ar) 2. of the statutes is amended to read:

AB843-SSA2-SA1,13,11 175.35 (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-SA1,32 Section 32. 175.35 (2k) (c) 2. a. of the statutes is amended to read:

AB843-SSA2-SA1,13,15 175.35 (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.