This is the preview version of the Wisconsin State Legislature site.
Please see http://docs.legis.wisconsin.gov for the production version.
SB70-AA10,9451 4Section 9451. Effective dates; Other.
SB70-AA10,96,105 (1ex) Expungement. The treatment of ss. 111.335 (3) (a), (ah), and (g) and (4)
6(b), (c) 1. (intro.), (e), and (f) 1., 950.04 (1v) (g), 973.015 (1b), (1m) (a) 3. a., c., cg., cr.,
7and d. and 4., (b), and (c), and (4), and 973.25 (1) (a), the renumbering and
8amendment of s. 973.015 (1m) (a) 1., the creation of s. 973.015 (1m) (a) 1. a. and b.,
9and Section 9351 (1ex) of this act take effect on the first day of the 13th month
10beginning after publication.”.
SB70-AA10,96,11 11244. Page 374, line 11: after that line insert:
SB70-AA10,96,12 12 Section 157. 20.455 (2) (cv) of the statutes is amended to read:
SB70-AA10,96,1413 20.455 (2) (cv) Shot Spotter Gunfire Detection Program. The amounts in the
14schedule for the Shot Spotter Gunfire Detection Program in the city of Milwaukee.”.
SB70-AA10,96,15 15245. Page 374, line 11: after that line insert:
SB70-AA10,96,16 16 Section 1. 343.50 (1) (c) 1. of the statutes is amended to read:
SB70-AA10,96,2317 343.50 (1) (c) 1. The department may issue a receipt to any applicant for an
18identification card, and shall issue a receipt to an applicant requesting an
19identification card under sub. (5) (a) 3., which receipt shall constitute a temporary
20identification card while the application is being processed and shall be valid for a
21period not to exceed 60 180 days. If the application for an identification card is
22processed under the exception specified in s. 343.165 (7) or (8), the receipt shall
23include the marking specified in sub. (3) (b).”.
SB70-AA10,96,24 24246. Page 374, line 11: after that line insert:
SB70-AA10,97,1
1 Section 158. 85.61 (1) of the statutes is amended to read:
SB70-AA10,97,122 85.61 (1) The secretary of transportation and the administrator of the elections
3commission shall enter into an agreement to match personally identifiable
4information on the official registration list maintained by the commission under s.
56.36 (1) and the information specified in s. ss. 6.256 (2) and 6.34 (2m) with personally
6identifiable information in the operating record file database under ch. 343 and
7vehicle registration records under ch. 341 to the extent required to enable the
8secretary of transportation and the administrator of the elections commission to
9verify the accuracy of the information provided for the purpose of voter registration.
10Notwithstanding ss. 110.09 (2), 342.06 (1) (eg), and 343.14 (2j), but subject to s.
11343.14 (2p) (b), the agreement shall provide for the transfer of electronic information
12under s. 6.256 (2) to the commission on a continuous basis, no less often than weekly.
SB70-AA10,159 13Section 159. 343.14 (2p) of the statutes is created to read:
SB70-AA10,97,1814 343.14 (2p) (a) The forms for application for a license or identification card or
15for renewal thereof shall inform the applicant of the department's duty to make
16available to the elections commission the information described in s. 6.256 (2) for the
17purposes specified in s. 6.256 (1) and (3) and shall provide the applicant an
18opportunity to elect not to have this information made available for these purposes.
SB70-AA10,97,2419 (b) If the applicant elects not to have the information described in s. 6.256 (2)
20made available for the purposes specified in s. 6.256 (1) and (3), the department may
21not make this information available for these purposes. This paragraph does not
22preclude the department from making available to the elections commission
23information for the purposes specified in s. 6.34 (2m) or for any purpose other than
24those specified in s. 6.256 (1) and (3).
SB70-AA10,9112 25Section 9112. Nonstatutory provisions; Elections Commission.
SB70-AA10,98,5
1(1) Initial sharing of registration information. Notwithstanding ss. 85.61
2(1), 110.09 (2), 342.06 (1) (eg), and 343.14 (2j), the department of transportation shall
3enter into and begin transferring information under a revised agreement with the
4elections commission administrator pursuant to s. 85.61 (1) no later than the first
5day of the 9th month beginning after the effective date of this subsection.” .
SB70-AA10,98,6 6247. Page 374, line 11: after that line insert:
SB70-AA10,98,7 7 Section 48s. 19.35 (3) (c) of the statutes is amended to read:
SB70-AA10,98,118 19.35 (3) (c) Except as otherwise provided by law or as authorized to be
9prescribed by law, an authority may impose a fee upon a requester for locating a
10record, not exceeding the actual, necessary and direct cost of location, if the cost is
11$50 $100 or more.
SB70-AA10,9351 12Section 9351. Initial applicability; Other.
SB70-AA10,98,1413 (1) Public records location fee. The treatment of s. 19.35 (3) (c) first applies
14to a public records request received on the effective date of this subsection.”.
SB70-AA10,98,15 15248. Page 374, line 11: after that line insert:
SB70-AA10,98,16 16 Section 160. 20.455 (2) (gr) of the statutes is amended to read:
SB70-AA10,98,2017 20.455 (2) (gr) Handgun Firearm purchaser record check; checks for licenses or
18certifications to carry concealed weapons.
All moneys received as fee payments under
19ss. 175.35 (2i) (a), 175.49 (5m), and 175.60 (7) (c) and (d), (13), and (15) (b) 4. a. and
20b. to provide services under ss. 175.35, 175.49, and 175.60.
SB70-AA10,161 21Section 161. 175.33 of the statutes is created to read:
SB70-AA10,98,22 22175.33 Transfer of firearms. (1) In this section:
SB70-AA10,98,2423 (a) “Family member" means a spouse, parent, grandparent, sibling, child, or
24grandchild. The relationship may be by blood, marriage, or adoption.
SB70-AA10,99,1
1(b) “Firearm” includes the frame or receiver of a firearm.
SB70-AA10,99,22 (c) “Firearms dealer" has the meaning given in s. 175.35 (1) (ar).
SB70-AA10,99,33 (d) “Transfer” has the meaning given in s. 175.35 (1) (br).
SB70-AA10,99,5 4(2) No person may transfer ownership of a firearm, or be transferred ownership
5of a firearm, unless one of the following applies:
SB70-AA10,99,66 (a) The transferor is a firearms dealer.
SB70-AA10,99,87 (b) The transferor makes the transfer to or through a firearms dealer and
8obtains a receipt under s. 175.35 (2j) (b).
SB70-AA10,99,109 (c) The transfer of ownership of the firearm is one of the transfers listed under
10s. 175.35 (2t).
SB70-AA10,99,1311 (d) The transferor is transferring ownership of the firearm to a family member
12by gift, bequest, or inheritance, the transferee is not prohibited from possessing a
13firearm under state or federal law, and the transferee is at least 18 years of age.
SB70-AA10,99,1814 (e) The transferor is transferring the firearm with the intent that the transfer
15is for the purpose of hunting or target shooting if the transfer is for no longer than
1614 days, the transferor did not receive in exchange for the transfer more than
17nominal consideration, the transferee is not prohibited from possessing a firearm
18under state or federal law, and the transfer is not otherwise prohibited by law.
SB70-AA10,99,22 19(3) Any person who intentionally violates sub. (2) is guilty of a misdemeanor
20and shall be fined not less than $500 nor more than $10,000 and may be imprisoned
21for not more than 9 months. The person is also prohibited under s. 941.29 from
22possessing a firearm for a period of 2 years.
SB70-AA10,162 23Section 162. 175.35 (title) of the statutes is amended to read:
SB70-AA10,99,24 24175.35 (title) Purchase Transfer of handguns firearms.
SB70-AA10,163
1Section 163 . 175.35 (1) (at) of the statutes, as affected by 2023 Wisconsin Act
2.... (this act), is amended to read:
SB70-AA10,100,183 175.35 (1) (at) “Firearms restrictions record search" means a search of
4department of justice records to determine whether a person seeking to purchase be
5transferred
a handgun firearm is prohibited from possessing a firearm under s.
6941.29. “Firearms restrictions record search" includes a criminal history record
7search, a search to determine whether a person is prohibited from possessing a
8firearm under s. 51.20 (13) (cv) 1., 2007 stats., a search in the national instant
9criminal background check system to determine whether a person has been ordered
10not to possess a firearm under s. 51.20 (13) (cv) 1., 51.45 (13) (i) 1., 54.10 (3) (f) 1., or
1155.12 (10) (a), a search to determine whether the person is subject to an injunction
12under s. 813.12 or 813.122, or a tribal injunction, as defined in s. 813.12 (1) (e), issued
13by a court established by any federally recognized Wisconsin Indian tribe or band,
14except the Menominee Indian tribe of Wisconsin, that includes notice to the
15respondent that he or she is subject to the requirements and penalties under s.
16941.29 and that has been filed with the circuit court under s. 813.128 (3g), and a
17search to determine whether the person is prohibited from possessing a firearm
18under s. 813.123 (5m) or 813.125 (4m).
SB70-AA10,164 19Section 164. 175.35 (1) (b) of the statutes is repealed.
SB70-AA10,165 20Section 165. 175.35 (1) (br) of the statutes is created to read:
SB70-AA10,100,2221 175.35 (1) (br) “Transfer” includes to sell, assign, pledge, lease, loan, give away,
22or otherwise dispose of.
SB70-AA10,166 23Section 166. 175.35 (2) (intro.) of the statutes is renumbered 175.35 (2) (am)
24and amended to read:
SB70-AA10,101,4
1175.35 (2) (am) When a firearms dealer sells transfers a handgun firearm,
2including the frame or receiver of a firearm
, he or she may not transfer possession
3of that handgun firearm to any other person until all of the following have occurred:
4requirements under par. (cm) have been met.
SB70-AA10,167 5Section 167. 175.35 (2) (a), (b), (c) and (d) of the statutes are renumbered
6175.35 (2) (cm) 1., 2., 3. and 4.
SB70-AA10,168 7Section 168. 175.35 (2) (bm) of the statutes is created to read:
SB70-AA10,101,108 175.35 (2) (bm) When a person transfers a firearm, including the frame or
9receiver of a firearm, through a firearms dealer, the transfer of possession of that
10firearm may not be made until all of the requirements of par. (cm) have been met.
SB70-AA10,169 11Section 169. 175.35 (2) (cm) (intro.) of the statutes is created to read:
SB70-AA10,101,1312 175.35 (2) (cm) (intro.) All of the following must occur before a transfer of a
13firearm occurs under par. (am) or (bm):
SB70-AA10,170 14Section 170. 175.35 (2g) (a) of the statutes is amended to read:
SB70-AA10,101,1715 175.35 (2g) (a) The department of justice shall promulgate rules prescribing
16procedures for use under sub. (2) (cm) 1. for a transferee to provide and a firearms
17dealer to inspect identification containing a photograph of the transferee.
SB70-AA10,171 18Section 171. 175.35 (2g) (b) 1. of the statutes is amended to read:
SB70-AA10,101,2419 175.35 (2g) (b) 1. The department of justice shall promulgate rules prescribing
20a notification form for use under sub. (2) (cm) 2. and 3. requiring the transferee to
21provide his or her name, date of birth, gender, race and social security number and
22other identification necessary to permit an accurate firearms restrictions record
23search under par. (c) 3. and the required notification under par. (c) 4. The department
24of justice shall make the forms available at locations throughout the state.
SB70-AA10,172 25Section 172. 175.35 (2g) (b) 2. of the statutes is amended to read:
SB70-AA10,102,6
1175.35 (2g) (b) 2. The department of justice shall ensure that each notification
2form under subd. 1. requires the transferee to indicate that he or she is not
3purchasing receiving a transfer of the firearm with the purpose or intent to transfer
4the firearm to a person who is prohibited from possessing a firearm under state or
5federal law and that each notification form informs the transferee that making a
6false statement with regard to this purpose or intent is a Class H felony.
SB70-AA10,173 7Section 173. 175.35 (2i) of the statutes is renumbered 175.35 (2i) (a) and
8amended to read:
SB70-AA10,102,119 175.35 (2i) (a) The department shall charge a firearms dealer a $10 fee for each
10firearms restrictions record search that the firearms dealer requests under sub. (2)
11(c) (cm) 3.
SB70-AA10,102,12 12(b) 1. The firearms dealer may collect the fee under par. (a) from the transferee.
SB70-AA10,102,15 13(c) The department may refuse to conduct firearms restrictions record searches
14for any firearms dealer who fails to pay any fee under this subsection par. (a) within
1530 days after billing by the department.
SB70-AA10,174 16Section 174. 175.35 (2i) (b) 2. of the statutes is created to read:
SB70-AA10,102,1917 175.35 (2i) (b) 2. If the transfer is made under sub. (2) (bm), the firearms dealer
18may collect from the transferor the fee under par. (a) and any additional amount to
19cover any costs he or she incurs in processing the transfer.
SB70-AA10,175 20Section 175. 175.35 (2j) of the statutes is renumbered 175.35 (2j) (a).
SB70-AA10,176 21Section 176. 175.35 (2j) (b) of the statutes is created to read:
SB70-AA10,102,2522 175.35 (2j) (b) If a person transfers a firearm through a firearms dealer under
23sub. (2) (bm), or transfers a firearm to a firearms dealer, the firearms dealer shall
24provide the person a written receipt documenting the dealer's participation in the
25transfer.
SB70-AA10,177
1Section 177. 175.35 (2k) (ar) 2. of the statutes is amended to read:
SB70-AA10,103,92 175.35 (2k) (ar) 2. Check each notification form received under sub. (2j) (a)
3against the information recorded by the department regarding the corresponding
4request for a firearms restrictions record search under sub. (2g). If the department
5previously provided a unique approval number regarding the request and nothing
6in the completed notification form indicates that the transferee is prohibited from
7possessing a firearm under s. 941.29, the department shall destroy all records
8regarding that firearms restrictions record search within 30 days after receiving the
9notification form.
SB70-AA10,178 10Section 178. 175.35 (2k) (c) 2. a. of the statutes is amended to read:
SB70-AA10,103,1311 175.35 (2k) (c) 2. a. A statement that the Wisconsin law enforcement agency
12is conducting an investigation of a crime in which a handgun firearm was used or was
13attempted to be used or was unlawfully possessed.
SB70-AA10,179 14Section 179. 175.35 (2k) (c) 2. b. of the statutes is amended to read:
SB70-AA10,103,1815 175.35 (2k) (c) 2. b. A statement by a division commander or higher authority
16within the Wisconsin law enforcement agency that he or she has a reasonable
17suspicion that the person who is the subject of the information request has obtained
18or is attempting to obtain a handgun firearm.
SB70-AA10,180 19Section 180. 175.35 (2k) (g) of the statutes is amended to read:
SB70-AA10,103,2320 175.35 (2k) (g) If a search conducted under sub. (2g) indicates that the
21transferee is prohibited from possessing a firearm under s. 941.29, the attorney
22general or his or her designee may disclose to a law enforcement agency that the
23transferee has attempted to obtain a handgun firearm.
SB70-AA10,181 24Section 181. 175.35 (2k) (h) of the statutes is amended to read:
SB70-AA10,104,6
1175.35 (2k) (h) If a search conducted under sub. (2g) indicates a felony charge
2without a recorded disposition and the attorney general or his or her designee has
3reasonable grounds to believe the transferee may pose a danger to himself, herself
4or another, the attorney general or his or her designee may disclose to a law
5enforcement agency that the transferee has obtained or has attempted to obtain a
6handgun firearm.
SB70-AA10,182 7Section 182. 175.35 (2L) of the statutes is amended to read:
SB70-AA10,104,148 175.35 (2L) The department of justice shall promulgate rules providing for the
9review of nonapprovals under sub. (2g) (c) 4. a. Any person who is denied the right
10to purchase receive a transfer of a handgun firearm because the firearms dealer
11received a nonapproval number under sub. (2g) (c) 4. a. may request a firearms
12restrictions record search review under those rules. If the person disagrees with the
13results of that review, the person may file an appeal under rules promulgated by the
14department.
SB70-AA10,183 15Section 183. 175.35 (2t) (a), (b) and (c) of the statutes are amended to read:
SB70-AA10,104,1716 175.35 (2t) (a) Transfers of any handgun firearm classified as an antique by
17regulations of the U.S. department of the treasury.
SB70-AA10,104,1918 (b) Transfers of any handgun firearm between firearms dealers or between
19wholesalers and dealers.
SB70-AA10,104,2120 (c) Transfers of any handgun firearm to law enforcement or armed services
21agencies.
SB70-AA10,184 22Section 184. 175.35 (3) (b) 2. of the statutes is amended to read:
SB70-AA10,105,323 175.35 (3) (b) 2. A person who violates sub. (2e) by intentionally providing false
24information regarding whether he or she is purchasing receiving a transfer of the
25firearm with the purpose or intent to transfer the firearm to another who the person

1knows or reasonably should know is prohibited from possessing a firearm under
2state or federal law is guilty of a Class H felony. The penalty shall include a fine that
3is not less than $500.
SB70-AA10,185 4Section 185. 175.60 (7) (d) of the statutes is amended to read:
SB70-AA10,105,65 175.60 (7) (d) A fee for a background check that is equal to the fee charged under
6s. 175.35 (2i) (a).
SB70-AA10,186 7Section 186. 175.60 (15) (b) 4. b. of the statutes is amended to read:
SB70-AA10,105,98 175.60 (15) (b) 4. b. A fee for a background check that is equal to the fee charged
9under s. 175.35 (2i) (a).
SB70-AA10,187 10Section 187. 938.208 (1) (b) of the statutes is amended to read:
Loading...
Loading...