Amendment SA2-SSA2-SB70

SB70-SSA2-SA2,301,8 (b) 1. The firearms dealer may collect the fee under par. (a) from the transferee.

SB70-SSA2-SA2,301,11 (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.

SB70-SSA2-SA2,662 Section 662. 175.35 (2i) (b) 2. of the statutes is created to read:

SB70-SSA2-SA2,301,15 175.35 (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.

SB70-SSA2-SA2,663 Section 663. 175.35 (2j) of the statutes is renumbered 175.35 (2j) (a).

SB70-SSA2-SA2,664 Section 664. 175.35 (2j) (b) of the statutes is created to read:

SB70-SSA2-SA2,301,21 175.35 (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.

SB70-SSA2-SA2,665 Section 665. 175.35 (2k) (ar) 2. of the statutes is amended to read:

SB70-SSA2-SA2,302,5 175.35 (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.

SB70-SSA2-SA2,666 Section 666. 175.35 (2k) (c) 2. a. of the statutes is amended to read:

SB70-SSA2-SA2,302,9 175.35 (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.

SB70-SSA2-SA2,667 Section 667. 175.35 (2k) (c) 2. b. of the statutes is amended to read:

SB70-SSA2-SA2,302,14 175.35 (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.

SB70-SSA2-SA2,668 Section 668. 175.35 (2k) (g) of the statutes is amended to read:

SB70-SSA2-SA2,302,19 175.35 (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.

SB70-SSA2-SA2,669 Section 669. 175.35 (2k) (h) of the statutes is amended to read:

SB70-SSA2-SA2,303,2 175.35 (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.

SB70-SSA2-SA2,670 Section 670. 175.35 (2L) of the statutes is amended to read:

SB70-SSA2-SA2,303,10 175.35 (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.

SB70-SSA2-SA2,671 Section 671. 175.35 (2t) (a), (b) and (c) of the statutes are amended to read:

SB70-SSA2-SA2,303,13 175.35 (2t) (a) Transfers of any handgun firearm classified as an antique by regulations of the U.S. department of the treasury.

SB70-SSA2-SA2,303,15 (b) Transfers of any handgun firearm between firearms dealers or between wholesalers and dealers.

SB70-SSA2-SA2,303,17 (c) Transfers of any handgun firearm to law enforcement or armed services agencies.

SB70-SSA2-SA2,672 Section 672. 175.35 (3) (b) 2. of the statutes is amended to read:

SB70-SSA2-SA2,303,24 175.35 (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.

SB70-SSA2-SA2,673 Section 673. 175.60 (7) (d) of the statutes is amended to read:

SB70-SSA2-SA2,304,2 175.60 (7) (d) A fee for a background check that is equal to the fee charged under s. 175.35 (2i) (a).

SB70-SSA2-SA2,674 Section 674. 175.60 (15) (b) 4. b. of the statutes is amended to read:

SB70-SSA2-SA2,304,5 175.60 (15) (b) 4. b. A fee for a background check that is equal to the fee charged under s. 175.35 (2i) (a).

SB70-SSA2-SA2,675 Section 675. 938.208 (1) (b) of the statutes is amended to read:

SB70-SSA2-SA2,304,11 938.208 (1) (b) Probable cause exists to believe that the juvenile possessed, used or threatened to use a handgun, as defined in s. 175.35 (1) (b) 941.237 (1) (d), short-barreled rifle, as defined in s. 941.28 (1) (b), or short-barreled shotgun, as defined in s. 941.28 (1) (c), while committing a delinquent act that would be a felony under ch. 940 if committed by an adult.

SB70-SSA2-SA2,676 Section 676. 938.34 (4m) (b) 2. of the statutes is amended to read:

SB70-SSA2-SA2,304,17 938.34 (4m) (b) 2. The juvenile has possessed, used or threatened to use a handgun, as defined in s. 175.35 (1) (b) 941.237 (1) (d), short-barreled rifle, as defined in s. 941.28 (1) (b), or short-barreled shotgun, as defined in s. 941.28 (1) (c), while committing a delinquent act that would be a felony under ch. 940 if committed by an adult.

SB70-SSA2-SA2,677 Section 677. 938.341 of the statutes is amended to read:

SB70-SSA2-SA2,304,22 938.341 Delinquency adjudication; restriction on firearm possession. Whenever a court adjudicates a juvenile delinquent for an act that if committed by an adult in this state would be a felony or for a violation under s. 175.33 (2), the court shall inform the juvenile of the requirements and penalties under s. 941.29.

SB70-SSA2-SA2,678 Section 678. 941.237 (1) (d) of the statutes is amended to read:

SB70-SSA2-SA2,305,2 941.237 (1) (d) “Handgun" has the meaning given in s. 175.35 (1) (b) means any weapon designed or redesigned, or made or remade, and intended to be fired while held in one hand and to use the energy of an explosive to expel a projectile through a smooth or rifled bore.

SB70-SSA2-SA2,679 Section 679. 941.29 (1m) (dm), (dn) and (do) of the statutes are created to read:

SB70-SSA2-SA2,305,5 941.29 (1m) (dm) The person has been convicted of a misdemeanor under s. 175.33 (2), unless at least 2 years have passed since the conviction.

SB70-SSA2-SA2,305,7 (dn) The person has been adjudicated delinquent for a violation under s. 175.33 (2), unless at least 2 years have passed since the adjudication.

SB70-SSA2-SA2,305,10 (do) The person has been found not guilty of a misdemeanor under s. 175.33 (2) by reason of mental disease or defect, unless at least 2 years have passed since the finding.

SB70-SSA2-SA2,680 Section 680. 941.296 (1) (b) of the statutes is amended to read:

SB70-SSA2-SA2,305,13 941.296 (1) (b) “Handgun" has the meaning given in s. 175.35 (1) (b) 941.237 (1) (d).

SB70-SSA2-SA2,681 Section 681. 968.20 (3) (b) of the statutes is amended to read:

SB70-SSA2-SA2,306,13 968.20 (3) (b) Except as provided in par. (a) or sub. (1m) or (4), a city, village, town or county or other custodian of a seized dangerous weapon or ammunition, if the dangerous weapon or ammunition is not required for evidence or use in further investigation and has not been disposed of pursuant to a court order at the completion of a criminal action or proceeding, shall make reasonable efforts to notify all persons who have or may have an authorized rightful interest in the dangerous weapon or ammunition of the application requirements under sub. (1). If, within 30 days after the notice, an application under sub. (1) is not made and the seized dangerous weapon or ammunition is not returned by the officer under sub. (2), the city, village, town or county or other custodian may retain the dangerous weapon or ammunition and authorize its use by a law enforcement agency, except that a dangerous weapon used in the commission of a homicide or a handgun, as defined in s. 175.35 (1) (b) 941.237 (1) (d), may not be retained. If a dangerous weapon other than a firearm is not so retained, the city, village, town or county or other custodian shall safely dispose of the dangerous weapon or, if the dangerous weapon is a motor vehicle, as defined in s. 340.01 (35), sell the motor vehicle following the procedure under s. 973.075 (4). If a firearm or ammunition is not so retained, the city, village, town or county or other custodian shall ship it to the state crime laboratories and it is then the property of the laboratories. A person designated by the department of justice may destroy any material for which the laboratories have no use or arrange for the exchange of material with other public agencies. In lieu of destruction, shoulder weapons for which the laboratory has no use shall be turned over to the department of natural resources for sale and distribution of proceeds under s. 29.934 or for use under s. 29.938.

SB70-SSA2-SA2,682 Section 682. 971.17 (1g) of the statutes is amended to read:

SB70-SSA2-SA2,306,18 971.17 (1g) Notice of restriction on firearm possession. If the defendant under sub. (1) is found not guilty of a felony, or of a violation under s. 175.33 (2), by reason of mental disease or defect, the court shall inform the defendant of the requirements and penalties under s. 941.29.

SB70-SSA2-SA2,683 Section 683. 973.176 (1) of the statutes is amended to read:

SB70-SSA2-SA2,306,24 973.176 (1) Firearm possession. Whenever a court imposes a sentence or places a defendant on probation regarding a felony conviction or regarding a conviction for a misdemeanor under s. 175.33 (2), the court shall inform the defendant of the requirements and penalties applicable to him or her under s. 941.29 (1m) or (4m).

SB70-SSA2-SA2,9327 Section 9327. Initial applicability; Justice.

SB70-SSA2-SA2,307,5 (1fa) Transfers of firearms. The treatment of ss. 175.33 and 175.35 (1) (at) (with respect to background checks for transfers of firearms that are not handguns) and (br) and (2) (intro.), (a), (b), (bm), (c), (cm) (intro.), and (d), the renumbering of s. 175.35 (2j), and the creation of s. 175.35 (2j) (b) first apply to transfers that occur on the effective date of this subsection.

SB70-SSA2-SA2,9427 Section 9427. Effective dates; Justice.

SB70-SSA2-SA2,307,15 (1fa) Transfers of firearms. The treatment of ss. 20.455 (2) (gr), 175.33, 175.35 (title), (1) (at) (by Section 651 ), (b), and (br), (2) (intro.), (a), (b), (bm), (c), (cm) (intro.), and (d), (2g) (a) and (b) 1. and 2., (2k) (ar) 2., (c) 2. a. and b., (g), and (h), (2L), (2t) (a), (b), and (c), (3) (b) 2., (7) (d), and (15) (b) 4. b., 938.208 (1) (b), 938.34 (4m) (b) 2., 938.341, 941.237 (1) (d), 941.29 (1m) (dm), (dn), and (do), 941.296 (1) (b), 968.20 (3) (b), 971.17 (1g), and 973.176 (1), the renumbering of s. 175.35 (2j), the renumbering and amendment of s. 175.35 (2i), and the creation of s. 175.35 (2i) (b) 2. and (2j) (b) and Section 9327 (1 fa) of this act take effect on the first day of the 7th month beginning after publication.”.

SB70-SSA2-SA2,307,16 277. Page 374, line 11: after that line insert:

SB70-SSA2-SA2,307,17 “ Section 48s. 19.35 (3) (c) of the statutes is amended to read:

SB70-SSA2-SA2,307,21 19.35 (3) (c) Except as otherwise provided by law or as authorized to be prescribed by law, an authority may impose a fee upon a requester for locating a record, not exceeding the actual, necessary and direct cost of location, if the cost is $50 $100 or more.

SB70-SSA2-SA2,9351 Section 9351. Initial applicability; Other.

SB70-SSA2-SA2,307,24 (1) Public records location fee. The treatment of s. 19.35 (3) (c) first applies to a public records request received on the effective date of this subsection.”.

SB70-SSA2-SA2,308,1 278. Page 374, line 11: after that line insert:

SB70-SSA2-SA2,308,2 “ Section 684. 85.61 (1) of the statutes is amended to read:

SB70-SSA2-SA2,308,13 85.61 (1) The secretary of transportation and the administrator of the elections commission shall enter into an agreement to match personally identifiable information on the official registration list maintained by the commission under s. 6.36 (1) and the information specified in s. ss. 6.256 (2) and 6.34 (2m) with personally identifiable information in the operating record file database under ch. 343 and vehicle registration records under ch. 341 to the extent required to enable the secretary of transportation and the administrator of the elections commission to verify the accuracy of the information provided for the purpose of voter registration. Notwithstanding ss. 110.09 (2), 342.06 (1) (eg), and 343.14 (2j), but subject to s. 343.14 (2p) (b), the agreement shall provide for the transfer of electronic information under s. 6.256 (2) to the commission on a continuous basis, no less often than weekly.

SB70-SSA2-SA2,685 Section 685. 343.14 (2p) of the statutes is created to read:

SB70-SSA2-SA2,308,19 343.14 (2p) (a) The forms for application for a license or identification card or for renewal thereof shall inform the applicant of the department's duty to make available to the elections commission the information described in s. 6.256 (2) for the purposes specified in s. 6.256 (1) and (3) and shall provide the applicant an opportunity to elect not to have this information made available for these purposes.

SB70-SSA2-SA2,309,2 (b) If the applicant elects not to have the information described in s. 6.256 (2) made available for the purposes specified in s. 6.256 (1) and (3), the department may not make this information available for these purposes. This paragraph does not preclude the department from making available to the elections commission information for the purposes specified in s. 6.34 (2m) or for any purpose other than those specified in s. 6.256 (1) and (3).

SB70-SSA2-SA2,9112 Section 9112. Nonstatutory provisions; Elections Commission.

SB70-SSA2-SA2,309,8 (1) Initial sharing of registration information. Notwithstanding ss. 85.61 (1), 110.09 (2), 342.06 (1) (eg), and 343.14 (2j), the department of transportation shall enter into and begin transferring information under a revised agreement with the elections commission administrator pursuant to s. 85.61 (1) no later than the first day of the 9th month beginning after the effective date of this subsection.” .

SB70-SSA2-SA2,309,9 279. Page 374, line 11: after that line insert:

SB70-SSA2-SA2,309,10 “ Section 1. 343.50 (1) (c) 1. of the statutes is amended to read:

SB70-SSA2-SA2,309,17 343.50 (1) (c) 1. The department may issue a receipt to any applicant for an identification card, and shall issue a receipt to an applicant requesting an identification card under sub. (5) (a) 3., which receipt shall constitute a temporary identification card while the application is being processed and shall be valid for a period not to exceed 60 180 days. If the application for an identification card is processed under the exception specified in s. 343.165 (7) or (8), the receipt shall include the marking specified in sub. (3) (b).”.

SB70-SSA2-SA2,309,18 280. Page 374, line 11: after that line insert:

SB70-SSA2-SA2,309,19 “ Section 686. 20.455 (2) (cv) of the statutes is amended to read:

SB70-SSA2-SA2,309,21 20.455 (2) (cv) Shot Spotter Gunfire Detection Program. The amounts in the schedule for the Shot Spotter Gunfire Detection Program in the city of Milwaukee.”.

SB70-SSA2-SA2,309,22 281. Page 374, line 11: after that line insert:

SB70-SSA2-SA2,309,23 “ Section 687. 165.63 (3) of the statutes is amended to read:

SB70-SSA2-SA2,310,4 165.63 (3) Requests from courts. In making a determination required under s. 813.124 (7) (a), 813.1285 (7) (a), or 968.20 (1m) (d) 1., a judge or court commissioner shall request information under sub. (2) from the department or from a law enforcement agency or law enforcement officer as provided in sub. (4) (d).

SB70-SSA2-SA2,688 Section 688. 165.63 (4) (d) of the statutes is amended to read:

SB70-SSA2-SA2,310,8 165.63 (4) (d) Aid the court in making a determination required under s. 813.124 (7) (a), 813.1285 (7) (a), or 968.20 (1m) (d) 1. or aid an entity in making a determination required under s. 968.20 (1m) (d) 2.

SB70-SSA2-SA2,689 Section 689. 175.35 (1) (at) of the statutes is amended to read:

SB70-SSA2-SA2,311,2 175.35 (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).

SB70-SSA2-SA2,690 Section 690. 175.60 (9g) (a) 2. of the statutes is amended to read:

SB70-SSA2-SA2,311,22 175.60 (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.

SB70-SSA2-SA2,691 Section 691. 175.60 (11) (a) 2. f. of the statutes is amended to read:

SB70-SSA2-SA2,312,3 175.60 (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).

SB70-SSA2-SA2,692 Section 692. 801.50 (5sb) of the statutes is created to read:

SB70-SSA2-SA2,312,6 801.50 (5sb) Venue of an action under s. 813.124 shall be in the county in which the cause of action arose or where the petitioner or the respondent resides.

SB70-SSA2-SA2,693 Section 693. 801.58 (2m) of the statutes is amended to read:

SB70-SSA2-SA2,312,15 801.58 (2m) If, under sub. (2), the judge determines that the request for substitution was made timely and in proper form, any ex parte order granted by the original judge remains in effect according to the terms, except that a temporary restraining order issued under s. 813.12 (3), 813.122 (4), 813.123 (4), 813.124 (2t), or 813.125 (3) by the original judge is extended until the newly assigned judge holds a hearing on the issuance of an injunction. The newly assigned judge shall hear any subsequent motion to modify or vacate any ex parte order granted by the original judge.

SB70-SSA2-SA2,694 Section 694. 813.06 of the statutes is amended to read:

SB70-SSA2-SA2,312,25 813.06 Security for damages. In proceedings under s. 767.225 the court or judge may, and in all other proceedings except proceedings under ss. 813.12, 813.122, 813.124, 813.125 and 823.113 the court or judge shall, require a bond of the party seeking an injunction, with sureties, to the effect that he or she will pay to the party enjoined such damages, not exceeding an amount to be specified, as he or she may sustain by reason of the injunction if the court finally decides that the party was not entitled thereto. Copies of such bond, affidavit or other pleading shall be served upon the party enjoined and the officer serving the same shall, within 8 days after such service, file his or her return in the office of the clerk of the court.