Amendment AA15-ASA2-AB50

AB50-ASA2-AA15,32 Section 32. 15.795 (title) of the statutes is repealed.

AB50-ASA2-AA15,33 Section 33. 15.795 (1) of the statutes is renumbered 15.465 (3) and amended to read:

AB50-ASA2-AA15,23,12 15.465 (3) Office of the commissioner of railroads. There is created an office of the commissioner of railroads which is attached to the public service commission department of transportation under s. 15.03, provided that s. 85.02 (1) does not apply to the office of the commissioner of railroads. The commissioner of railroads shall have expertise in railroad issues and may not have a financial interest in a railroad, as defined in s. 195.02 (1), or a water carrier, as defined in s. 195.02 (5). The commissioner may not serve on or under any committee of a political party. The commissioner shall hold office until a successor is appointed and qualified.

AB50-ASA2-AA15,34 Section 34. 20.155 (2) (title) of the statutes is renumbered 20.395 (7) (title).

AB50-ASA2-AA15,35 Section 35. 20.155 (2) (g) of the statutes is renumbered 20.395 (7) (ag).

AB50-ASA2-AA15,36 Section 36. 20.155 (2) (m) of the statutes is renumbered 20.395 (7) (am).

AB50-ASA2-AA15,37 Section 37. 25.40 (1) (f) 1. of the statutes is amended to read:

AB50-ASA2-AA15,23,19 25.40 (1) (f) 1. Moneys received from the federal government, for the regulation of railroads and water carriers, that are deposited in the general fund and credited to the appropriation under s. 20.155 (2) (m) 20.395 (7) (am).

AB50-ASA2-AA15,38 Section 38. 189.02 (3m) (a) of the statutes is amended to read:

AB50-ASA2-AA15,23,23 189.02 (3m) (a) Except as provided in s. 15.03, the public service commission department shall have no control or jurisdiction over the office in matters relating to railroad regulation.

AB50-ASA2-AA15,39 Section 39. 189.02 (3m) (b) of the statutes is amended to read:

AB50-ASA2-AA15,24,4 189.02 (3m) (b) Notwithstanding par. (a), the commissioner of railroads shall seek the input of, and give considerable weight to the advice given by, the chairperson of the public service commission secretary on matters relating to the employment of persons by the office.

AB50-ASA2-AA15,40 Section 40. 189.02 (4) of the statutes is amended to read:

AB50-ASA2-AA15,24,8 189.02 (4) Decisions of the office are not appealable to the public service commission department. Decisions of the office are subject to judicial review under ch. 227.

AB50-ASA2-AA15,41 Section 41. 189.02 (7) of the statutes is repealed.

AB50-ASA2-AA15,42 Section 42. 190.11 (3) of the statutes is amended to read:

AB50-ASA2-AA15,24,13 190.11 (3) The office of the commissioner of railroads shall collect a fee of $1 per page filed under sub. (1). All fees received under this subsection shall be credited to the appropriation account under s. 20.155 (2) (g) 20.395 (7) (ag).

AB50-ASA2-AA15,43 Section 43. 195.60 (1) of the statutes is amended to read:

AB50-ASA2-AA15,25,16 195.60 (1) Whenever the office in a proceeding upon its own motion, on complaint, or upon an application to it deems it necessary in order to carry out the duties imposed upon it by law to investigate the books, accounts, practices and activities of, or make appraisals of the property of any railroad or water carrier or to render any engineering or accounting services to any railroad or water carrier, the railroad or water carrier shall pay the expenses attributable to such investigation, appraisal or service. The office shall ascertain such expenses, and shall render a bill therefor, by mail, to the railroad or water carrier, either at the conclusion of the investigation, appraisal or services, or during its progress. The bill shall constitute notice of assessment and demand of payment thereof. The railroad or water carrier shall, within 30 days after the mailing thereof, pay to the office the amount of the special expense for which it is billed. Ninety percent of the payment shall be credited to the appropriation account under s. 20.155 (2) (g) 20.395 (7) (ag). The total amount, in any one calendar year, for which any railroad or water carrier becomes liable, by reason of costs incurred by the office within such calendar year, shall not exceed four-fifths of one percent of its gross operating revenues derived from intrastate operations in the last preceding calendar year. Where, under this subsection, costs are incurred within any calendar year, which are in excess of four- fifths of one percent of such gross operating revenues, the excess costs shall not be chargeable as part of the remainder under sub. (2) but shall be paid out of the general appropriation to the office. Nothing in this subsection shall prevent the office from rendering bills in one calendar year for costs incurred within a previous year. For the purpose of calculating the costs of investigations, appraisals and other services under this subsection, 90 percent of the costs determined shall be costs of the office and 10 percent of the costs determined shall be costs of state government operations.

AB50-ASA2-AA15,44 Section 44. 195.60 (2) of the statutes is amended to read:

AB50-ASA2-AA15,26,13 195.60 (2) The office shall annually, within 90 days after the close of each fiscal year, ascertain the total of its expenditures during such year which are reasonably attributable to the performance of its duties relating to railroads and water carriers. For purposes of such calculation, 90 percent of the expenditures so determined shall be expenditures of the office and 10 percent of the expenditures so determined shall be expenditures for state government operations. The office shall deduct therefrom all amounts chargeable to railroads and water carriers under sub. (1) and s. 201.10 (3). A sum equal to the remainder plus 10 percent of the remainder shall be assessed by the office to the several railroads and water carriers in proportion to their respective gross operating revenues during the last calendar year, derived from intrastate operations. Such assessment shall be paid within 30 days after the bill has been mailed to the several railroads and water carriers, which bill shall constitute notice of assessment and demand of payment thereof. The total amount which may be assessed to the railroads and water carriers under authority of this subsection shall not exceed 1.85 percent of the total gross operating revenues of such railroads and water carriers, during such calendar year, derived from intrastate operations. Ninety percent of the payment shall be credited to the appropriation account under s. 20.155 (2) (g) 20.395 (7) (ag). The railroads and water carriers shall furnish such financial information as the office requires for purposes of this section.”.

AB50-ASA2-AA15,26,14 16. At the appropriate places, insert all of the following:

AB50-ASA2-AA15,26,15 “Section 45. 343.301 (1g) (a) 2. a. of the statutes is amended to read:

AB50-ASA2-AA15,26,17 343.301 (1g) (a) 2. a. The person had an offense involved the use of alcohol concentration of 0.15 or more at the time of the offense.

AB50-ASA2-AA15,9344 Section 9344. Initial applicability; Transportation.

AB50-ASA2-AA15,26,21 (1) Ignition interlock device requirement expansion. The treatment of s. 343.301 (1g) (a) 2. a. first applies to violations committed on the effective date of this subsection.”.

AB50-ASA2-AA15,26,22 17. At the appropriate places, insert all of the following:

AB50-ASA2-AA15,26,23 “Section 46. 165.83 (2) (d) of the statutes is amended to read:

AB50-ASA2-AA15,27,2 165.83 (2) (d) Obtain Except as provided in par. (dd), obtain and file information relating to identifiable stolen or lost property.

AB50-ASA2-AA15,47 Section 47. 165.83 (2) (dd) of the statutes is created to read:

AB50-ASA2-AA15,27,9 165.83 (2) (dd) 1. If a law enforcement agency forwards a file under s. 175.36 (2) (a) 2. to the department, enter the information into the national crime information center systems and put the file in a database that is created for stolen or lost firearms and make the database available to law enforcement agencies for the purpose of locating and identifying stolen or lost firearms and identifying violators of s. 175.36 (1).

AB50-ASA2-AA15,27,13 2. If a law enforcement agency notifies the department under s. 175.36 (2) (b) that a stolen or lost firearm has been recovered, enter that information into the national crime information center systems and add to the database a notation that the firearm has been recovered and the date on which it was recovered.

AB50-ASA2-AA15,48 Section 48. 175.36 of the statutes is created to read:

AB50-ASA2-AA15,27,18 175.36 Reporting stolen or lost firearm. (1) (a) A person who owns a firearm and who discovers that the firearm is stolen or lost shall, within 24 hours of the discovery, report the theft or loss to a law enforcement agency that has jurisdiction over the area in which the firearm was stolen or lost.

AB50-ASA2-AA15,27,21 (b) If a person who has reported a theft or loss under par. (a) recovers the firearm, the person shall report as soon as practicable to a law enforcement agency the date on which the firearm was recovered.

AB50-ASA2-AA15,27,23 (2) (a) A law enforcement agency that receives under sub. (1) (a) a report of a stolen or lost firearm shall do all of the following:

AB50-ASA2-AA15,28,5 1. Create a file that includes, if known, the date on which the firearm was stolen or lost; the caliber, make, and model of the firearm; the serial number of the firearm; any distinguishing mark on the firearm; and the location at which the firearm was purchased by, or transferred to, the person making the report under sub. (1) (a).

AB50-ASA2-AA15,28,7 2. As soon as practicable, forward a copy of the file created under subd. 1. to the department of justice for inclusion in a database under s. 165.83 (2) (dd).

AB50-ASA2-AA15,28,10 (b) A law enforcement agency that receives under sub. (1) (b) a report of a recovered firearm shall report to the department of justice the date on which the firearm was recovered.

AB50-ASA2-AA15,28,12 (3) A person who reports under sub. (1) (a) a stolen or lost firearm, when he or she knows that the report is false, is guilty of violating s. 946.41.

AB50-ASA2-AA15,28,13 (4) A person who violates sub. (1) (a) is guilty of one of the following:

AB50-ASA2-AA15,28,14 (a) For a first offense, a Class A misdemeanor.

AB50-ASA2-AA15,28,15 (b) For a 2nd or subsequent offense, a Class I felony.

AB50-ASA2-AA15,49 Section 49. 175.37 (title) of the statutes is amended to read:

AB50-ASA2-AA15,28,18 175.37 (title) Warning Requirements whenever transferring a firearm.

AB50-ASA2-AA15,50 Section 50. 175.37 (1) of the statutes is renumbered 175.37 (1) (intro.) and amended to read:

AB50-ASA2-AA15,28,23 175.37 (1) (intro.) Upon the retail commercial sale or retail commercial transfer of any firearm, the seller or transferor shall provide to the buyer or transferee all of the following:

AB50-ASA2-AA15,29,5 (a) A written warning in block letters not less than one-fourth inch in height: “IF YOU LEAVE A LOADED FIREARM WITHIN THE REACH OR EASY ACCESS OF A CHILD YOU MAY BE FINED OR IMPRISONED OR BOTH IF THE CHILD IMPROPERLY DISCHARGES, POSSESSES OR EXHIBITS THE FIREARM.”

AB50-ASA2-AA15,51 Section 51. 175.37 (1) (b) of the statutes is created to read:

AB50-ASA2-AA15,29,8 175.37 (1) (b) A secure, lockable container that is designed to store a firearm or a trigger lock for the firearm.

AB50-ASA2-AA15,52 Section 52. 175.37 (1) (c) of the statutes is created to read:

AB50-ASA2-AA15,29,11 175.37 (1) (c) A written notice of the requirements under s. 175.36 (1) and of the penalties under s. 175.36 (4).

AB50-ASA2-AA15,53 Section 53. 939.6195 (1) (a) 1. of the statutes is amended to read:

AB50-ASA2-AA15,29,13 939.6195 (1) (a) 1. A violation of s. 941.29 or, 941.2905, or 941.293.

AB50-ASA2-AA15,54 Section 54. 941.285 of the statutes is created to read:

AB50-ASA2-AA15,29,20 941.285 Possession of firearm accessories that accelerate the rate of fire. (1) No person may import, sell or offer to sell, purchase, manufacture, transfer, use, or possess a trigger crank, a bump-fire device, or any part, combination of parts, component, device, attachment, or accessory that is added after manufacture that is designed to accelerate or functions to accelerate the rate of fire of a semiautomatic firearm.

AB50-ASA2-AA15,29,21 (2) Any person violating sub. (1) is guilty of a Class G felony.

AB50-ASA2-AA15,30,2 (3) Subsection (1) does not apply to importation, sale, purchase, manufacture, transfer, use, or possession by or under the authority of the federal government or a state or local government.

AB50-ASA2-AA15,55 Section 55. 941.29 (1g) (a) of the statutes is amended to read:

AB50-ASA2-AA15,30,12 941.29 (1g) (a) “Violent felony” means any felony under s. 943.23 (1m), 1999 stats., s. 943.23 (1r), 1999 stats., or s. 943.23 (1g), 2021 stats., this section sub. (1m), or s. 940.01, 940.02, 940.03, 940.05, 940.06, 940.08, 940.09, 940.10, 940.19, 940.195, 940.198, 940.20, 940.201, 940.203, 940.204, 940.21, 940.225, 940.23, 940.235, 940.285 (2), 940.29, 940.295 (3), 940.30, 940.302, 940.305, 940.31, 940.43 (1) to (3), 940.45 (1) to (3), 941.20, 941.26, 941.28, 941.285, 941.2905, 941.292, 941.293, 941.30, 941.327 (2) (b) 3. or 4., 943.02, 943.04, 943.06, 943.10 (2), 943.231 (1), 943.32, 943.87, 946.43, 948.02 (1) or (2), 948.025, 948.03, 948.04, 948.05, 948.051, 948.06, 948.07, 948.08, 948.085, or 948.30.

AB50-ASA2-AA15,56 Section 56. 941.29 (3m) of the statutes is created to read:

AB50-ASA2-AA15,30,18 941.29 (3m) (a) A person who resides with a person who is prohibited under sub. (1m) from possessing a firearm shall, when not carrying the firearm, store any firearm he or she possesses in a securely locked box or container or in a locked location that a reasonable person would believe to be secure or ensure that a trigger lock is engaged on the firearm.

AB50-ASA2-AA15,30,19 (b) A person who violates par. (a) is guilty of the following:

AB50-ASA2-AA15,30,20 1. For a first violation, a Class A misdemeanor.

AB50-ASA2-AA15,30,21 2. For a 2nd or subsequent violation, a Class I felony.

AB50-ASA2-AA15,57 Section 57. 941.291 (1) (b) of the statutes is amended to read:

AB50-ASA2-AA15,31,10 941.291 (1) (b) “Violent felony” means any felony, or the solicitation, conspiracy, or attempt to commit any felony, under s. 943.23 (1m) or (1r), 1999 stats., or s. 943.23 (1g), 2021 stats., or s. 940.01, 940.02, 940.03, 940.05, 940.06, 940.08, 940.09, 940.10, 940.19, 940.195, 940.198, 940.20, 940.201, 940.203, 940.204, 940.21, 940.225, 940.23, 940.285 (2), 940.29, 940.295 (3), 940.30, 940.305, 940.31, 940.43 (1) to (3), 940.45 (1) to (3), 941.20, 941.26, 941.28, 941.285, 941.29 (1m), 941.293, 941.30, 941.327, 943.01 (2) (c), 943.011, 943.013, 943.02, 943.04, 943.06, 943.10 (2), 943.231 (1), 943.32, 943.81, 943.82, 943.83, 943.85, 943.86, 943.87, 943.88, 943.89, 943.90, 946.43, 947.015, 948.02 (1) or (2), 948.025, 948.03, 948.04, 948.05, 948.06, 948.07, 948.08, 948.085, or 948.30; or, if the victim is a financial institution, as defined in s. 943.80 (2), a felony, or the solicitation, conspiracy, or attempt to commit a felony under s. 943.84 (1) or (2).

AB50-ASA2-AA15,58 Section 58. 941.293 of the statutes is created to read:

AB50-ASA2-AA15,31,13 941.293 Undetectable firearms; serial numbers on firearm components. (1) In this section:

AB50-ASA2-AA15,31,15 (a) “Major component” means the barrel, the slide or cylinder, or the frame or receiver of a firearm.

AB50-ASA2-AA15,31,16 (b) “Undetectable firearm” means any of the following:

AB50-ASA2-AA15,31,19 1. A firearm that, after the removal of grips, stocks, and magazines, is not detectable by a metal detector calibrated to detect a security exemplar, as defined in 18 USC 922 (p) (2) (C).

AB50-ASA2-AA15,31,23 2. A firearm if any major component of it does not generate an image that accurately depicts the shape of the component when subject to inspection by security scanners, x-ray machines, or other security devices commonly used at airports.

AB50-ASA2-AA15,32,2 (2) (a) 1. Whoever sells, offers to sell, transfers, transports, manufactures, possesses, or goes armed with an undetectable firearm is guilty of a Class G felony.

AB50-ASA2-AA15,32,5 2. Whoever sells, offers to sell, transfers, posts, provides to another, or possesses plans for manufacturing an undetectable firearm is guilty of a Class H felony.

AB50-ASA2-AA15,32,9 (b) Paragraph (a) does not apply to a person who is licensed by a state or the federal government to manufacture undetectable firearms while the person is on official duty. Paragraph (a) 1. does not apply to a law enforcement officer while on official duty or to armed forces or national guard personnel while on official duty.

AB50-ASA2-AA15,32,12 (3) (a) Whoever possesses a frame or a receiver of a firearm that is not attached to a firearm and that is not marked or engraved with a serial number is guilty of a Class I felony.

AB50-ASA2-AA15,32,17 (b) Paragraph (a) does not apply to a firearm frame or receiver manufactured before 1968, a person who is licensed by a state or the federal government to manufacture undetectable firearms while the person is on official duty, a law enforcement officer while on official duty, or armed forces or national guard personnel while on official duty.

AB50-ASA2-AA15,59 Section 59. 948.55 of the statutes is repealed and recreated to read:

AB50-ASA2-AA15,33,2 948.55 Storage of firearm if children present. (1) Whoever resides with a child, or knows a child will be present in his or her residence, may not store or leave a firearm at his or her residence unless the firearm is in a securely locked box or container or in a locked location that a reasonable person would believe to be secure or unless a trigger lock is engaged on the firearm. This prohibition does not apply to a person who is going armed with the firearm.

AB50-ASA2-AA15,33,3 (2) A person who violates sub. (1) is guilty of the following:

AB50-ASA2-AA15,33,4 (a) For a first violation, a Class A misdemeanor.

AB50-ASA2-AA15,33,5 (b) For a 2nd or subsequent violation, a Class I felony.

AB50-ASA2-AA15,60 Section 60. 968.02 (4) of the statutes is amended to read:

AB50-ASA2-AA15,33,13 968.02 (4) If the alleged violator under s. 948.55 (2) or 948.60 (2) (c) is or was the parent or guardian of a child who is injured or dies as a result of an accidental shooting, the district attorney may consider, among other factors, the impact of the injury or death on the alleged violator when deciding whether to issue a complaint regarding the alleged violation. This subsection does not restrict the factors that a district attorney may consider in deciding whether to issue a complaint regarding any alleged violation.

AB50-ASA2-AA15,61 Section 61. 968.07 (3) of the statutes is amended to read:

AB50-ASA2-AA15,33,18 968.07 (3) If the alleged violator under s. 948.55 (2) or 948.60 (2) (c) is or was the parent or guardian of a child who is injured or dies as a result of an accidental shooting, no law enforcement officer may arrest the alleged violator until at least 7 days after the date of the shooting.

AB50-ASA2-AA15,62 Section 62. 973.123 (1) of the statutes is amended to read:

AB50-ASA2-AA15,34,4 973.123 (1) In this section, “violent felony” means any felony under s. 943.23 (1m), 1999 stats., s. 943.23 (1r), 1999 stats., or s. 943.23 (1g), 2021 stats., or s. 940.01, 940.02, 940.03, 940.05, 940.06, 940.08, 940.09, 940.10, 940.19, 940.195, 940.198, 940.20, 940.201, 940.203, 940.204, 940.21, 940.225, 940.23, 940.235, 940.285 (2), 940.29, 940.295 (3), 940.30, 940.302, 940.305, 940.31, 940.43 (1) to (3), 940.45 (1) to (3), 941.20, 941.26, 941.28, 941.285, 941.29 (1m), 941.292, 941.293, 941.30, 941.327 (2) (b) 3. or 4., 943.02, 943.04, 943.06, 943.10 (2), 943.231 (1), 943.32, 943.87, 946.43, 948.02 (1) or (2), 948.025, 948.03, 948.04, 948.05, 948.051, 948.06, 948.07, 948.08, 948.085, or 948.30.