AB43: Bill Text

AB43,,6460 (c) “Firearms dealer” has the meaning given in s. 175.35 (1) (ar).

AB43,,6461 (d) “Transfer” has the meaning given in s. 175.35 (1) (br).

AB43,,6462 (2) No person may transfer ownership of a firearm, or be transferred ownership of a firearm, unless one of the following applies:

AB43,,6463 (a) The transferor is a firearms dealer.

AB43,,6464 (b) The transferor makes the transfer to or through a firearms dealer and obtains a receipt under s. 175.35 (2j) (b).

AB43,,6465 (c) The transfer of ownership of the firearm is one of the transfers listed under s. 175.35 (2t).

AB43,,6466 (d) The transferor is transferring ownership of the firearm to a family member by gift, bequest, or inheritance, the transferee is not prohibited from possessing a firearm under state or federal law, and the transferee is at least 18 years of age.

AB43,,6467 (e) The transferor is transferring the firearm with the intent that the transfer is for the purpose of hunting or target shooting if the transfer is for no longer than 14 days, the transferor did not receive in exchange for the transfer more than nominal consideration, the transferee is not prohibited from possessing a firearm under state or federal law, and the transfer is not otherwise prohibited by law.

AB43,,6468 (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.

AB43,2372 Section 2372. 175.35 (title) of the statutes is amended to read:

AB43,,6470 175.35 (title) Purchase Transfer of handguns firearms.

AB43,2373 Section 2373. 175.35 (1) (at) of the statutes is amended to read:

AB43,,6472 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 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), a search to determine whether the person is subject to a temporary restraining order or injunction under s. 813.124, and a search to determine whether the person is prohibited from possessing a firearm under s. 813.123 (5m) or 813.125 (4m).

AB43,2374 Section 2374. 175.35 (1) (at) of the statutes, as affected by 2023 Wisconsin Act .... (this act), is amended to read:

AB43,,6474 175.35 (1) (at) “Firearms restrictions record search” means a search of department of justice records to determine whether a person seeking to purchase be transferred 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), a search to determine whether the person is subject to a temporary restraining order or injunction under s. 813.124, and a search to determine whether the person is prohibited from possessing a firearm under s. 813.123 (5m) or 813.125 (4m).

****Note: This is reconciled s.175.35 (1) (at). This Section has been affected by drafts with the following LRB numbers: LRB-1067/p1 and LRB-1242/p1.

AB43,2375 Section 2375. 175.35 (1) (b) of the statutes is repealed.

AB43,2376 Section 2376. 175.35 (1) (br) of the statutes is created to read:

AB43,,6477 175.35 (1) (br) “Transfer” includes to sell, assign, pledge, lease, loan, give away, or otherwise dispose of.

AB43,2377 Section 2377. 175.35 (2) (intro.) of the statutes is renumbered 175.35 (2) (am) and amended to read:

AB43,,6479 175.35 (2) (am) When a firearms dealer sells transfers a handgun firearm, including the frame or receiver of a 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.

AB43,2378 Section 2378. 175.35 (2) (a), (b), (c) and (d) of the statutes are renumbered 175.35 (2) (cm) 1., 2., 3. and 4.

AB43,2379 Section 2379. 175.35 (2) (bm) of the statutes is created to read:

AB43,,6482 175.35 (2) (bm) When a person transfers a firearm, including the frame or receiver of a firearm, through a firearms dealer, the transfer of possession of that firearm may not be made until all of the requirements of par. (cm) have been met.

AB43,2380 Section 2380. 175.35 (2) (cm) (intro.) of the statutes is created to read:

AB43,,6484 175.35 (2) (cm) (intro.) All of the following must occur before a transfer of a firearm occurs under par. (am) or (bm):

AB43,2381 Section 2381. 175.35 (2g) (a) of the statutes is amended to read:

AB43,,6486 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.

AB43,2382 Section 2382. 175.35 (2g) (b) 1. of the statutes is amended to read:

AB43,,6488 175.35 (2g) (b) 1. 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.

AB43,2383 Section 2383. 175.35 (2g) (b) 2. of the statutes is amended to read:

AB43,,6490 175.35 (2g) (b) 2. The department of justice shall ensure that each notification form under subd. 1. requires the transferee to indicate that he or she is not purchasing receiving a transfer of the firearm with the purpose or intent to transfer the firearm to a person who is prohibited from possessing a firearm under state or federal law and that each notification form informs the transferee that making a false statement with regard to this purpose or intent is a Class H felony.

AB43,2384 Section 2384. 175.35 (2i) of the statutes is renumbered 175.35 (2i) (a) and amended to read:

AB43,,6492 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.

AB43,,6493 (b) 1. The firearms dealer may collect the fee under par. (a) from the transferee.

AB43,,6494 (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.

AB43,2385 Section 2385. 175.35 (2i) (b) 2. of the statutes is created to read:

AB43,,6496 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.

AB43,2386 Section 2386. 175.35 (2j) of the statutes is renumbered 175.35 (2j) (a).

AB43,2387 Section 2387. 175.35 (2j) (b) of the statutes is created to read:

AB43,,6499 175.35 (2j) (b) If a person transfers a firearm through a firearms dealer under sub. (2) (bm), or transfers a firearm to a firearms dealer, the firearms dealer shall provide the person a written receipt documenting the dealer’s participation in the transfer.

AB43,2388 Section 2388. 175.35 (2k) (ar) 2. of the statutes is amended to read:

AB43,,6501 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.

AB43,2389 Section 2389. 175.35 (2k) (c) 2. a. of the statutes is amended to read:

AB43,,6503 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.

AB43,2390 Section 2390. 175.35 (2k) (c) 2. b. of the statutes is amended to read:

AB43,,6505 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.

AB43,2391 Section 2391. 175.35 (2k) (g) of the statutes is amended to read:

AB43,,6507 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 disclose to a law enforcement agency that the transferee has attempted to obtain a handgun firearm.

AB43,2392 Section 2392. 175.35 (2k) (h) of the statutes is amended to read:

AB43,,6509 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.

AB43,2393 Section 2393. 175.35 (2L) of the statutes is amended to read:

AB43,,6511 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 receive a transfer of 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.

AB43,2394 Section 2394. 175.35 (2t) (a), (b) and (c) of the statutes are amended to read:

AB43,,6513 175.35 (2t) (a) Transfers of any handgun firearm classified as an antique by regulations of the U.S. department of the treasury.

AB43,,6514 (b) Transfers of any handgun firearm between firearms dealers or between wholesalers and dealers.

AB43,,6515 (c) Transfers of any handgun firearm to law enforcement or armed services agencies.

AB43,2395 Section 2395. 175.35 (3) (b) 2. of the statutes is amended to read:

AB43,,6517 175.35 (3) (b) 2. A person who violates sub. (2e) by intentionally providing false information regarding whether he or she is purchasing receiving a transfer of the firearm with the purpose or intent to transfer the firearm to another who the person knows or reasonably should know is prohibited from possessing a firearm under state or federal law is guilty of a Class H felony. The penalty shall include a fine that is not less than $500.

AB43,2396 Section 2396. 175.60 (7) (d) of the statutes is amended to read:

AB43,,6519 175.60 (7) (d) A fee for a background check that is equal to the fee charged under s. 175.35 (2i) (a).

AB43,2397 Section 2397. 175.60 (9g) (a) 2. of the statutes is amended to read:

AB43,,6521 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); whether the applicant is subject to a temporary restraining order or injunction under s. 813.124; and whether the applicant is prohibited from possessing a firearm under s. 813.123 (5m) 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.

AB43,2398 Section 2398. 175.60 (11) (a) 2. f. of the statutes is amended to read:

AB43,,6523 175.60 (11) (a) 2. f. The individual becomes subject to an a temporary restraining order or injunction described in s. 941.29 (1m) (f) or is ordered not to possess a firearm under s. 813.123 (5m) or 813.125 (4m).

AB43,2399 Section 2399. 175.60 (15) (b) 4. b. of the statutes is amended to read:

AB43,,6525 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).

AB43,2400 Section 2400. 182.004 (6) of the statutes is amended to read:

AB43,,6527 182.004 (6) Stock may be issued and leases made to husband and wife spouses, and to the survivor of them, in which event title shall descend the same as in like conveyances of real property subject to ch. 766. Otherwise, title to the stock and lease shall descend to the persons to whom a homestead of the stockholder would descend except as provided in ch. 766. The interest of a tenant in the lease and stock shall be exempt from execution to the same extent as a homestead in real estate.

AB43,2401 Section 2401. 182.01 (8) of the statutes is created to read:

AB43,,6529 182.01 (8) Information to be provided with business formation filings. The department shall provide informational materials and resources on worker misclassification to each person who files with the department any of the following:

AB43,,6530 (a) Articles of incorporation under s. 180.0202 or 181.0202.

AB43,,6531 (b) Articles of organization under s. 183.0201.

AB43,,6532 (c) A statement of qualification under s. 178.0901.

AB43,,6533 (d) A certificate of limited partnership under s. 179.0201.

AB43,2402 Section 2402. 185.983 (1) (intro.) of the statutes is amended to read:

AB43,,6535 185.983 (1) (intro.) Every voluntary nonprofit health care plan operated by a cooperative association organized under s. 185.981 shall be exempt from chs. 600 to 646, with the exception of ss. 601.04, 601.13, 601.31, 601.41, 601.42, 601.43, 601.44, 601.45, 611.26, 611.67, 619.04, 623.11, 623.12, 628.34 (10), 631.17, 631.89, 631.93, 631.95, 632.72 (2), 632.728, 632.729, 632.745 to 632.749, 632.775, 632.79, 632.795, 632.798, 632.85, 632.853, 632.855, 632.861, 632.862, 632.867, 632.87 (2) to (6) (8), 632.871, 632.885, 632.89, 632.895 (5) and (8) to (17), 632.896, and 632.897 (10) and chs. 609, 620, 630, 635, 645, and 646, but the sponsoring association shall:

****Note: This is reconciled s. 185.983 (1) (intro.). This Section has been affected by drafts with the following LRB numbers: -1147/P1, -1151/P2, -1153/P1, -1156/P1, and -1157/P1.

AB43,2403 Section 2403. 194.025 of the statutes is amended to read:

AB43,,6537 194.025 Discrimination prohibited. No motor carrier may engage in any practice, act or omission which results in discrimination on the basis of race, creed, sex or, national origin, or status as a holder or nonholder of a license under s. 343.03 (3r).

AB43,2404 Section 2404. 196.01 (2n) of the statutes is created to read:

AB43,,6539 196.01 (2n) “Digital equity” means all individuals and communities have the information technology capacity needed to fully participate in society.

AB43,2405 Section 2405. 196.01 (5) (b) 8. of the statutes is created to read:

AB43,,6541 196.01 (5) (b) 8. A person who supplies electricity through the person’s electric vehicle charging station to users’ electric vehicles, if the person does not otherwise directly or indirectly provide electricity to the public.

AB43,2406 Section 2406. 196.025 (1h) of the statutes is created to read:

AB43,,6543 196.025 (1h) Social cost of carbon emissions. (a) In this subsection, “social cost of carbon” means a measure of the economic harms and other impacts expressed in dollars that result from emitting one ton of carbon dioxide into the atmosphere.

AB43,,6544 (b) In consultation with the department of natural resources, the commission shall evaluate and set the social cost of carbon and shall evaluate and adjust as necessary that dollar amount every 2 years. The evaluations shall use integrated assessment models and consider appropriate discount rates. Any adjustment shall be consistent with the international consensus on the social cost of carbon.

AB43,,6545 (c) No later than December 31, 2023, and no later than December 31 every odd-numbered year thereafter, the commission shall submit to the appropriate standing committees of the legislature under s. 13.172 (3) a report that describes the commission’s evaluation under par. (b) and, if the commission adjusts the previously set dollar amount under par. (b), specifies the social cost of carbon as adjusted by the commission.

AB43,,6546 (d) The commission shall consider the social cost of carbon in determining whether to issue certificates under ss. 196.49 and 196.491 (3).