Amendment SSA1-AB68

AB68-SSA1,2414 Section 2414 . 175.35 (2) (intro.) of the statutes is renumbered 175.35 (2) (am) and amended to read:

AB68-SSA1,1115,12 175.35 (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.

AB68-SSA1,2415 Section 2415 . 175.35 (2) (a), (b), (c) and (d) of the statutes are renumbered 175.35 (2) (cm) 1., 2., 3. and 4.

AB68-SSA1,2416 Section 2416 . 175.35 (2) (bm) of the statutes is created to read:

AB68-SSA1,1115,18 175.35 (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.

AB68-SSA1,2417 Section 2417 . 175.35 (2) (cm) (intro.) of the statutes is created to read:

AB68-SSA1,1115,21 175.35 (2) (cm) (intro.) All of the following must occur before a transfer of a firearm occurs under par. (am) or (bm):

AB68-SSA1,2418 Section 2418 . 175.35 (2g) (a) of the statutes is amended to read:

AB68-SSA1,1115,25 175.35 (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.

AB68-SSA1,2419 Section 2419. 175.35 (2g) (b) 1. of the statutes is amended to read:

AB68-SSA1,1116,7 175.35 (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.

AB68-SSA1,2420 Section 2420 . 175.35 (2g) (b) 2. of the statutes is amended to read:

AB68-SSA1,1116,14 175.35 (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.

AB68-SSA1,2421 Section 2421 . 175.35 (2i) of the statutes is renumbered 175.35 (2i) (a) and amended to read:

AB68-SSA1,1116,19 175.35 (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.

AB68-SSA1,1116,20 (b) 1. The firearms dealer may collect the fee under par. (a) from the transferee.

AB68-SSA1,1116,23 (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.

AB68-SSA1,2422 Section 2422 . 175.35 (2i) (b) 2. of the statutes is created to read:

AB68-SSA1,1117,3 175.35 (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.

AB68-SSA1,2423 Section 2423 . 175.35 (2j) of the statutes is renumbered 175.35 (2j) (a).

AB68-SSA1,2424 Section 2424 . 175.35 (2j) (b) of the statutes is created to read:

AB68-SSA1,1117,9 175.35 (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.

AB68-SSA1,2425 Section 2425 . 175.35 (2k) (ar) 2. of the statutes is amended to read:

AB68-SSA1,1117,18 175.35 (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.

AB68-SSA1,2426 Section 2426 . 175.35 (2k) (c) 2. a. of the statutes is amended to read:

AB68-SSA1,1117,22 175.35 (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.

AB68-SSA1,2427 Section 2427 . 175.35 (2k) (c) 2. b. of the statutes is amended to read:

AB68-SSA1,1118,2 175.35 (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.

AB68-SSA1,2428 Section 2428 . 175.35 (2k) (g) of the statutes is amended to read:

AB68-SSA1,1118,7 175.35 (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.

AB68-SSA1,2429 Section 2429 . 175.35 (2k) (h) of the statutes is amended to read:

AB68-SSA1,1118,14 175.35 (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.

AB68-SSA1,2430 Section 2430 . 175.35 (2L) of the statutes is amended to read:

AB68-SSA1,1118,22 175.35 (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.

AB68-SSA1,2431 Section 2431 . 175.35 (2t) (a), (b) and (c) of the statutes are amended to read:

AB68-SSA1,1118,25 175.35 (2t) (a) Transfers of any handgun firearm classified as an antique by regulations of the U.S. department of the treasury.

AB68-SSA1,1119,2 (b) Transfers of any handgun firearm between firearms dealers or between wholesalers and dealers.

AB68-SSA1,1119,4 (c) Transfers of any handgun firearm to law enforcement or armed services agencies.

AB68-SSA1,2432 Section 2432 . 175.35 (3) (b) 2. of the statutes is amended to read:

AB68-SSA1,1119,11 175.35 (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.

AB68-SSA1,2433 Section 2433. 175.405 of the statutes is repealed.

AB68-SSA1,2434 Section 2434 . 175.60 (7) (d) of the statutes is amended to read:

AB68-SSA1,1119,15 175.60 (7) (d) A fee for a background check that is equal to the fee charged under s. 175.35 (2i) (a).

AB68-SSA1,2435 Section 2435 . 175.60 (9g) (a) 2. of the statutes is amended to read:

AB68-SSA1,1120,9 175.60 (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 (2t) or (3), 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.

AB68-SSA1,2436 Section 2436 . 175.60 (15) (b) 4. b. of the statutes is amended to read:

AB68-SSA1,1120,12 175.60 (15) (b) 4. b. A fee for a background check that is equal to the fee charged under s. 175.35 (2i) (a).

AB68-SSA1,2437 Section 2437. 175.65 of the statutes is created to read:

AB68-SSA1,1120,16 175.65 Law enforcement agency employment files. Each Wisconsin law enforcement agency, as defined in s. 165.85 (2) (bv), shall keep an employment file, as defined in s. 165.85 (2) (ap), for each person the agency employs.

AB68-SSA1,2438 Section 2438 . 182.004 (6) of the statutes is amended to read:

AB68-SSA1,1120,23 182.004 (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.

AB68-SSA1,2439 Section 2439 . 182.01 (7) of the statutes is created to read:

AB68-SSA1,1121,3 182.01 (7) 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:

AB68-SSA1,1121,4 (a) Articles of incorporation under s. 180.0202 or 181.0202.

AB68-SSA1,1121,5 (b) Articles of organization under s. 183.0202.

AB68-SSA1,1121,6 (c) A statement of qualification under s. 178.0901.

AB68-SSA1,1121,7 (d) A certificate of limited partnership under s. 179.11.

AB68-SSA1,2440 Section 2440. 182.0172 of the statutes is created to read:

AB68-SSA1,1121,10 182.0172 Electric providers using easements to provide broadband. (1) In this section:

AB68-SSA1,1121,13 (a) 1. “Broadband infrastructure” means any of the following that can be used to facilitate, directly or indirectly, originate, send, and receive high-quality voice, data, graphics, video, and video programming communications:

AB68-SSA1,1121,14 a. Materials.

AB68-SSA1,1121,15 b. Wires.

AB68-SSA1,1121,17 c. Cables, including fiber optic and copper cables regardless of whether the cables are dark or lit and whether the cables are in use or dormant.

AB68-SSA1,1121,18 d. Conduits.

AB68-SSA1,1121,19 e. Antennas.

AB68-SSA1,1121,20 f. Equipment.

AB68-SSA1,1121,21 g. Fixtures.

AB68-SSA1,1121,22 h. Switching multiplexers.

AB68-SSA1,1121,23 i. Poles.

AB68-SSA1,1121,24 j. Routers.

AB68-SSA1,1121,25 k. Switches.

AB68-SSA1,1122,1 L. Servers.

AB68-SSA1,1122,2 m. Appurtenances.

AB68-SSA1,1122,3 n. Facilities.

AB68-SSA1,1122,4 o. Ancillary or auxiliary equipment.

AB68-SSA1,1122,6 2. “Broadband infrastructure” does not include new poles or new towers that are used exclusively for providing broadband services.

AB68-SSA1,1122,7 (b) “Electric provider” means any of the following:

AB68-SSA1,1122,9 1. A public utility, as defined in s. 196.01 (5), that generates, transmits, or distributes electric energy at wholesale or retail.

AB68-SSA1,1122,12 2. A cooperative association incorporated under ch. 185 to do business in this state that carries on the business of generating, transmitting, or distributing electric energy to its members at wholesale or retail.

AB68-SSA1,1122,14 (2) (a) 1. An electric provider may use an easement that it holds for any of the following purposes:

AB68-SSA1,1122,17 a. Installing or maintaining broadband infrastructure to provide broadband services or allowing a supplier of broadband services to install or maintain broadband infrastructure to provide broadband services.

AB68-SSA1,1122,19 b. Leasing or providing to a supplier of broadband services any excess capacity in the electric provider's broadband infrastructure.

AB68-SSA1,1122,22 2. This paragraph does not exempt, except, or exclude an electric provider or supplier of broadband services from complying with any provision of state or federal law applicable to siting broadband infrastructure or providing broadband services.

AB68-SSA1,1122,25 (b) Except as provided in par. (c) 1., terms or conditions of an easement held by an electric provider that inhibit the electric provider from using the easement for a purpose under par. (a) do not apply.

AB68-SSA1,1123,2 (c) Paragraphs (a) and (b) do not apply to an easement that does any of the following:

AB68-SSA1,1123,4 1. Expressly prohibits, by its terms, using the easement for a purpose under par. (a).

AB68-SSA1,1123,5 2. Applies to property owned by the state or a city, village, town, or county.

AB68-SSA1,1123,7 (3) (a) In this subsection, “owner” means a person who owns a fee simple or life estate interest in land or who is a land contract vendee.

AB68-SSA1,1123,12 (b) At least 30 days before first using an easement for a purpose under sub. (2) (a), an electric provider shall make a reasonable attempt to mail a notice to the owner of the property subject to the easement, as determined from records of the office of the register of deeds of the county in which the property subject to the easement is located, by mailing a notice to at least one of the following: