AB43: Bill Text

AB43,,6431 1. If the program is administered by a county, or by a county and a tribe pursuant to sub. (6), the criminal justice oversight committee shall consist of a circuit court judge, the district attorney or his or her designee, the state public defender or his or her designee, a local law enforcement official, a representative of the county, a representative of the tribe, if applicable, a representative of each other county agency and, if applicable, tribal agency responsible for providing social services, including services relating to child welfare, mental health, and the Wisconsin Works program, representatives of the department of corrections and department of health services, a representative from private social services agencies, a representative of substance abuse behavioral health treatment providers, and other members to be determined by the county or tribe the oversight committee determines are appropriate for the program.

AB43,2362 Section 2362. 165.95 (5) (b) of the statutes is renumbered 165.95 (5) (ag) and amended to read:

AB43,,6433 165.95 (5) (ag) A county or tribe that receives a grant under this section shall comply with state audits and shall submit an annual report to the department of justice and to the criminal justice oversight committee created under par. (a) identified in sub. (3) (cm) regarding the impact of the program on jail and prison populations and its progress in attaining the goals specified in sub. (3) (b) and (f).

AB43,2363 Section 2363. 165.95 (5m) of the statutes is repealed.

AB43,2364 Section 2364. 165.95 (6) of the statutes is amended to read:

AB43,,6436 165.95 (6) A county or tribe may, with one or more other counties or tribes, jointly apply for and receive a grant under this section. Upon submitting a joint application, each county or tribe shall include with the application a written agreement specifying each tribe’s and each county department’s role in developing, administering, and evaluating the program. The criminal justice oversight committee established under sub. (5) (a) identified in sub. (3) (cm) shall consist of representatives from each county or tribe that participates in the program.

AB43,2365 Section 2365. 165.95 (7) of the statutes is amended to read:

AB43,,6438 165.95 (7) Grants provided under this section shall be provided on a calendar year basis beginning on January 1, 2007. If the department of justice decides to make a grant to a county or tribe under this section, the department of justice shall notify the county or tribe of its decision and the amount of the grant no later than September 1 of the year preceding the year for which the grant will be made.

AB43,2366 Section 2366. 165.95 (7m) of the statutes is amended to read:

AB43,,6440 165.95 (7m) Beginning in fiscal year 2012-13 2023-24, the department of justice shall, every 5 4 years, make grants under this section available to any county or tribe on a competitive basis. A county or tribe may apply for a grant under this subsection regardless of whether the county or tribe has received a grant previously under this section.

AB43,2367 Section 2367. 165.97 of the statutes is created to read:

AB43,,6442 165.97 Office of missing and murdered indigenous women. (1) Definitions. In this section:

AB43,,6443 (d) “Office” means the office of missing and murdered indigenous women.

AB43,,6444 (m) “Tribe” means a federally recognized American Indian tribe or band in this state.

AB43,,6445 (2) Duties. The office shall do all of the following:

AB43,,6446 (a) Provide services to crime victims and witnesses who are members of a tribe.

AB43,,6447 (b) Provide trauma-informed health and wellness support for crime victims, their families, and other persons who are members of a tribe.

AB43,,6448 (c) Offer or contract with another entity to offer training relating to missing and murdered indigenous women. Training under this paragraph may include training topics such as search and rescue tactics, enhanced response and coordination tactics across federal, state, and tribal jurisdictions, and other topics relating to missing and murdered indigenous women.

AB43,,6449 (3) Grant program. The office shall establish a program to provide grants from the appropriation under s. 20.455 (5) (c) to tribes and organizations affiliated with tribes relating to missing and murdered indigenous women.

AB43,2368 Section 2368. 165.990 of the statutes is created to read:

AB43,,6451 165.990 Grants for community policing and community prosecution programs. The department of justice shall award grants from the appropriation under s. 20.455 (2) (bc) to cities, villages, and towns; counties, including district attorney offices; and federally recognized American Indian tribes or bands in this state to fund community policing and community prosecution programs.

AB43,2369 Section 2369. 165.991 of the statutes is created to read:

AB43,,6453 165.991 Grants for law enforcement recruitment, retention, and wellness programs. The department of justice shall award grants from the appropriation under s. 20.455 (2) (be) to law enforcement agencies and tribal law enforcement agencies in this state to fund programs that recruit and retain law enforcement officers and that promote officer wellness.

AB43,2370 Section 2370. 174.065 (3) of the statutes is amended to read:

AB43,,6455 174.065 (3) Collection of delinquent dog license taxes. Delinquent dog license taxes may be collected in the same manner as in s. 74.55 and in a civil action under ch. 799 for the collecting of personal property taxes, if the action is brought within 6 years after the January 1 of the year in which the taxes are required to be paid.

AB43,2371 Section 2371. 175.33 of the statutes is created to read:

AB43,,6457 175.33 Transfer of firearms. (1) In this section:

AB43,,6458 (a) “Family member” means a spouse, parent, grandparent, sibling, child, or grandchild. The relationship may be by blood, marriage, or adoption.

AB43,,6459 (b) “Firearm” includes the frame or receiver of a firearm.

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: