AB40: Bill Text

AB40,5,20 (5) Verifying continued eligibility. No later than 2 years after the date on which the board sends the department of transportation a written authorization under sub. (2), the person to whom the authorization applies shall submit to the board written evidence of the person's continued eligibility under sub. (3). The board may take any steps, including those described in sub. (4), to verify the person's continued eligibility.

AB40,6,2 (6) Revocation. (a) If the board determines at any time that a person whose application for an authorization under sub. (2) has been granted does not meet the requirements of sub. (3) or that a person has failed to comply with sub. (5), the board shall revoke its authorization. The board shall immediately thereafter notify the person by certified mail and notify the department of transportation of the revocation.

AB40,6,5 (b) If the board revokes its authorization with respect to a person under par. (a), the person may reapply for authorization if the person's circumstances change so that he or she is no longer ineligible.

AB40,6,6 (7) Rules. The board shall promulgate rules regarding all of the following:

AB40,6,10 (a) The method by which a person may apply under this section for authorization to carry a concealed weapon, the application forms to be used by such persons, and the forms to be used by persons documenting their continued eligibility under sub. (5).

AB40,6,11 (b) Verification by the board of a person's eligibility under sub. (3).

AB40,6,12 (c) Revocation by the board of any authorization under sub. (2).

AB40,6,14 (d) Receiving and investigating complaints that a person is ineligible for an authorization described in sub. (2).

AB40,6,18 (e) Verification by the department of transportation that a person requesting inclusion of the designation under s. 343.14 (2) (j) has had his or her application for authorization granted under this section. The board shall consult with the department of transportation in developing the rules required under this paragraph.

AB40,6,19 (f) Any other rules necessary for the administration of this section.

AB40, s. 5 Section 5. 175.33 of the statutes is created to read:

AB40,7,2 175.33 Background checks for retired peace officers. At the request of the law enforcement standards board under s. 165.87 (4) (c), the department of justice shall conduct a firearms restriction record search, as defined in s. 175.35 (1) (at). The department may not charge a fee for a firearms restriction record search conducted under this section. The department shall promulgate rules prescribing the manner by which firearms restriction record searches are to be conducted under this section.

AB40, s. 6 Section 6. 343.14 (2) (j) of the statutes is created to read:

AB40,7,7 343.14 (2) (j) A question as to whether the applicant is a retired peace officer who has successfully applied for authorization to carry a concealed weapon under s. 165.87 and who wishes to have the department include on the license document the designation described under s. 343.17 (3) (a) 14.

AB40, s. 7 Section 7. 343.17 (3) (a) 14. of the statutes is created to read:

AB40,7,13 343.17 (3) (a) 14. If the person has answered "yes" to the question under s. 343.14 (2) (j) and the department has verified that the person has successfully applied for authorization to carry a concealed weapon under s. 165.87 under rules promulgated by the law enforcement standards board under s. 165.87 (7) (e), a designation that the person has successfully applied for that authorization.

AB40, s. 8 Section 8. 343.19 (1) of the statutes is amended to read:

AB40,8,4 343.19 (1) If a license issued under this chapter or an identification card issued under s. 343.50 is lost or destroyed or, the name or address named in the license or identification card is changed or, the condition specified in s. 343.17 (3) (a) 12. or 13. no longer applies, or the condition specified in s. 343.17 (3) (a) 14. applies, the person to whom the license or identification card was issued may obtain a duplicate thereof or substitute therefor upon furnishing proof satisfactory to the department of name and date of birth and that the license or identification card has been lost or destroyed or that application for a duplicate license or identification card is being made for a change of address or name or, because the condition specified in s. 343.17 (3) (a) 12. or 13. no longer applies, or because the condition specified in s. 343.17 (3) (a) 14. applies. If the applicant is a male who is at least 18 years of age but less than 26 years of age, the application shall include the information required under s. 343.14 (2) (em). If the original license or identification card is found it shall immediately be transmitted to the department. Duplicates of nonphoto licenses shall be issued as nonphoto licenses.

AB40, s. 9 Section 9. 343.50 (4) of the statutes is amended to read:

AB40,8,16 343.50 (4) Application. The application for an identification card shall include any information required under ss. 85.103 (2) and 343.14 (2) (a), (b), (bm), (br), and (em), such further information as the department may reasonably require to enable it to determine whether the applicant is entitled by law to an identification card, and, for applicants who are aged 65 years or older, material, as provided by the department, explaining the voluntary program that is specified in s. 71.55 (10) (b). The department shall include on the application form the question described in s. 343.14 (2) (j) and shall, as part of the application process, take a photograph of the applicant to comply with sub. (3). No application may be processed without the photograph being taken. Misrepresentations in violation of s. 343.14 (5) are punishable as provided in s. 343.14 (9).

AB40, s. 10 Section 10. 813.12 (6) (am) 1. of the statutes is amended to read:

AB40,8,23 813.12 (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. 175.33 or 175.35 (2g) (c).

AB40, s. 11 Section 11. 813.12 (6) (am) 2. of the statutes is amended to read:

AB40,9,3 813.12 (6) (am) 2. Except as provided in subd. 3., the department of justice may disclose information that it receives under subd. 1. only as part of a firearms restrictions record search under s. 175.33 or 175.35 (2g) (c).

AB40, s. 12 Section 12. 813.122 (9) (am) 1. of the statutes is amended to read:

AB40,9,10 813.122 (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. 175.33 or 175.35 (2g) (c).

AB40, s. 13 Section 13. 813.122 (9) (am) 2. of the statutes is amended to read:

AB40,9,14 813.122 (9) (am) 2. Except as provided in subd. 3., the department of justice may disclose information that it receives under subd. 1. only as part of a firearms restrictions record search under s. 175.33 or 175.35 (2g) (c).

AB40, s. 14 Section 14. 813.125 (5r) (a) of the statutes is amended to read:

AB40,9,22 813.125 (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. 175.33 or 175.35 (2g) (c).

AB40, s. 15 Section 15. 813.125 (5r) (b) of the statutes is amended to read:

AB40,10,3 813.125 (5r) (b) Except as provided in par. (c), the department of justice may disclose information that it receives under par. (a) only as part of a firearms restrictions record search under s. 175.33 or 175.35 (2g) (c).

AB40, s. 16 Section 16. 938.396 (8) of the statutes is amended to read:

AB40,10,11 938.396 (8) Notwithstanding sub. (2), 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. 175.33 or 175.35 (2g) (c).

AB40, s. 17 Section 17. 941.23 of the statutes is renumbered 941.23 (2) and amended to read:

AB40,10,16 941.23 (2) Any person except a peace officer or a qualified retired peace officer who goes armed with a concealed and dangerous weapon is guilty of a Class A misdemeanor.

AB40, s. 18 Section 18. 941.23 (1) of the statutes is created to read:

AB40,10,18 941.23 (1) In this section:

AB40,10,22 (a) "Qualified retired peace officer" means a person whose request for authorization to carry a concealed weapon under s. 165.87 has been granted, who continues to meet the requirements for such an authorization, and who holds a valid state identification card containing a designation under s. 343.17 (3) (a) 14.

AB40,10,25 (b) "State identification card" means an operator's license issued under ch. 343 that contains a photograph of the license holder or an identification card issued under s. 343.50.

AB40, s. 19 Section 19. 941.23 (3) of the statutes is created to read:

AB40,11,4 941.23 (3) If he or she is carrying a concealed weapon, a qualified retired peace officer shall carry his or her state identification card and shall, upon the request of any law enforcement officer, display it to the law enforcement officer.

AB40, s. 20 Section 20. 941.237 (1) (er) of the statutes is created to read:

AB40,11,7 941.237 (1) (er) "Proprietor" means a person to whom a Class "B" or "Class B" license or permit has been issued under ch. 125.

AB40, s. 21 Section 21. 941.237 (3) (am) of the statutes is created to read:

AB40,11,13 941.237 (3) (am) A qualified retired peace officer, as defined in s. 941.23 (1) (a). This paragraph does not apply to any premises for which a Class "B" or "Class B" license or permit has been issued under ch. 125 if the sale of intoxicating liquors or fermented malt beverages or both on those premises accounts for more than 50% of the proprietor's receipts from those premises.

AB40, s. 22 Section 22. 941.237 (3m) of the statutes is created to read:

AB40,11,19 941.237 (3m) If he or she is carrying a firearm on any premises for which a Class "B" or "Class B" license or permit has been issued under ch. 125, a qualified retired peace officer, as defined in s. 941.23 (1) (a), shall carry his or her state identification card, as defined in s. 941.23 (1) (b), and shall, upon the request of any law enforcement officer, display it to the law enforcement officer.

AB40, s. 23 Section 23 . Nonstatutory provisions.

AB40,11,21 (1) (a) In this subsection, "board" means the law enforcement standards board.

AB40,12,9 (b) Using the procedure under section 227.24 of the statutes, the board shall promulgate the rules required under section 165.87 (7) of the statutes, as created by this act, for the period beginning on the effective date of this paragraph and ending on the effective date of the permanent rules promulgated under section 165.87 (7) of the statutes, as created by this act, but the rules may not remain effective for longer than the period authorized under section 227.24 (1) (c) and (2) of the statutes. The board shall promulgate the rules required under this paragraph no later than the first day of the 3rd month beginning after the effective date of this paragraph. Notwithstanding section 227.24 (1) (a), (2) (b), and (3) of the statutes, the board is not required to provide evidence that promulgating a rule under this paragraph as an emergency rule is necessary for the preservation of the public peace, health, safety, or welfare and is not required to provide a finding of emergency for a rule promulgated under this paragraph.

AB40, s. 24 Section 24. Effective dates. This act takes effect on the first day of the 4th month beginning after publication, except as follows.

AB40,12,12 (1) Section 23 of this act takes effect on the day after publication.

AB40,12,13 (End)