Wisconsin 2023-2024 Regular Session

Wisconsin Assembly Bill AB250 Compare Versions

Only one version of the bill is available at this time.

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1	1	LRB-0471/1
2	2	CMH:emw
3	3	2023 - 2024 LEGISLATURE
4	4	2023 ASSEMBLY BILL 250
5	5	May 8, 2023 - Introduced by Representatives ALLEN, BEHNKE, BODDEN, BRANDTJEN,
6	6	GUNDRUM, GUSTAFSON, MICHALSKI, MURPHY, WICHGERS and G REEN,
7	7	cosponsored by Senators TOMCZYK, CABRAL-GUEVARA, NASS and QUINN.
8	8	Referred to Committee on Criminal Justice and Public Safety.
9	9	*AUTHORS SUBJECT TO CHANGE*
10	10	AN ACT to repeal 175.60 (7) (d) and 175.60 (15) (b) 4. (intro.) and b.; to renumber
11	11	and amend 175.60 (7) (c), 175.60 (15) (b) 4. a., 948.605 (2) (a) and 948.605 (2)
12	12	(b) 1r.; to amend 20.455 (2) (gr), 175.60 (2g) (a) and 175.60 (5) (a) 6.; and to
13	13	create 175.60 (7) (cm) (intro.) and 2., 175.60 (15) (b) 3. (intro.) and b., 948.605
14	14	(1) (aj) and 948.605 (2) (bm) 1. of the statutes; relating to: possession of a
15	15	firearm on school grounds by school employees and fees for licenses to carry a
16	16	concealed weapon.
17	17	Analysis by the Legislative Reference Bureau
18	18	Both federal law and state law prohibit a person from possessing a firearm on
19	19	the grounds of a school. Federal and state law provide some identical exceptions to
20	20	the prohibition, such as for law enforcement and for persons in accordance with a
21	21	contract between the person and the school. Federal law provides another exception
22	22	for a person who is licensed to possess a firearm by the state if the state requires a
23	23	background check to ensure the person is qualified for the license. Since the
24	24	Department of Justice requires a background check before it issues a person a license
25	25	to carry a concealed weapon, a licensee is allowed under federal law to possess a
26	26	firearm on the grounds of a school. State law, however, does not provide an identical
27	27	exception, so a licensee is prohibited under state law from possessing a firearm on
28	28	the grounds of a school.
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36	36	CMH:emw
37	37	ASSEMBLY BILL 250
38	38	This bill creates a state exception that is similar to the federal exception. Under
39	39	the bill, a person who has a license issued by DOJ may possess a firearm on the
40	40	grounds of a school if the person is employed by the school and the school board or
41	41	governing entity has adopted a policy that allows employees who are licensees to
42	42	possess a firearm.
43	43	Under current law, a person who applies to DOJ for a license to carry a
44	44	concealed weapon must pay an application fee and a person who is renewing a license
45	45	must pay a renewal fee. DOJ must set the fee amount on the basis of the cost it incurs
46	46	in licensing, but the fee can be no more than $37 for an initial license and $12 for a
47	47	license renewal. In addition, the person must pay for a background check for each
48	48	initial application and renewal application; that fee amount is currently $10. The
49	49	bill waives the initial application fee, renewal fee, and background check fee for
50	50	teachers who apply for a license.
51	51	For further information see the state and local fiscal estimate, which will be
52	52	printed as an appendix to this bill.
53	53	The people of the state of Wisconsin, represented in senate and assembly, do
54	54	enact as follows:
55	55	SECTION 1. 20.455 (2) (gr) of the statutes is amended to read:
56	56	20.455 (2) (gr) Handgun purchaser record check; checks for licenses or
57	57	certifications to carry concealed weapons. All moneys received as fee payments under
58	58	ss. 175.35 (2i), 175.49 (5m), and 175.60 (7) (c) and (d) (cm) 1., (13), and (15) (b) 4. 3.
59	59	a. and b. to provide services under ss. 175.35, 175.49, and 175.60.
60	60	SECTION 2. 175.60 (2g) (a) of the statutes is amended to read:
61	61	175.60 (2g) (a) A licensee or an out-of-state licensee may carry a concealed
62	62	weapon anywhere in this state except as provided under subs. (15m) and (16) and ss.
63	63	943.13 (1m) (c) and 948.605 (2) (b) 1r.
64	64	SECTION 3. 175.60 (5) (a) 6. of the statutes is amended to read:
65	65	175.60 (5) (a) 6. A statement of the places under sub. (16) where a licensee is
66	66	prohibited from carrying a weapon, as well as an explanation of the provisions under
67	67	sub. (15m) and ss. 943.13 (1m) (c) and 948.605 (2) (b) 1r. that could limit the places
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83	83	SECTION 3
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85	85	where the licensee may carry a weapon, with a place for the applicant to sign his or
86	86	her name to indicate that he or she has read and understands the statement.
87	87	SECTION 4. 175.60 (7) (c) of the statutes is renumbered 175.60 (7) (cm) 1. and
88	88	amended to read:
89	89	175.60 (7) (cm) 1. A fee for a background check that is equal to the fee charged
90	90	under s. 175.35 (2i) and a license fee in an amount, as determined by the department
91	91	by rule, that is equal to the cost of issuing the license but does not exceed $37. The
92	92	department shall determine the costs of issuing a license by using a 5-year planning
93	93	period.
94	94	SECTION 5. 175.60 (7) (cm) (intro.) and 2. of the statutes are created to read:
95	95	175.60 (7) (cm) (intro.) One of the following:
96	96	2. A statement that he or she is a teacher who holds a license or permit issued
97	97	by the state superintendent of public instruction or proof, as determined by the
98	98	department, that he or she is employed as a teacher in a private school or tribal school
99	99	located in this state.
100	100	SECTION 6. 175.60 (7) (d) of the statutes is repealed.
101	101	SECTION 7. 175.60 (15) (b) 3. (intro.) and b. of the statutes are created to read:
102	102	175.60 (15) (b) 3. (intro.) Submits one of the following:
103	103	b. A statement that the licensee is a teacher who holds a license or permit
104	104	issued by the state superintendent of public instruction or proof, as determined by
105	105	the department, that the licensee is employed as a teacher in a private school or tribal
106	106	school located in this state.
107	107	SECTION 8. 175.60 (15) (b) 4. (intro.) and b. of the statutes are repealed.
108	108	SECTION 9. 175.60 (15) (b) 4. a. of the statutes is renumbered 175.60 (15) (b) 3.
109	109	a. and amended to read:
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136	136	SECTION 9 ASSEMBLY BILL 250
137	137	175.60 (15) (b) 3. a. A fee for a background check that is equal to the fee charged
138	138	under s. 175.35 (2i) and a renewal fee in an amount, as determined by the
139	139	department by rule, that is equal to the cost of renewing the license but does not
140	140	exceed $12. The department shall determine the costs of renewing a license by using
141	141	a 5-year planning period.
142	142	SECTION 10. 948.605 (1) (aj) of the statutes is created to read:
143	143	948.605 (1) (aj) “Licensee” has the meaning given in s. 175.60 (1) (d).
144	144	SECTION 11. 948.605 (2) (a) of the statutes is renumbered 948.605 (2) (a) 1. and
145	145	amended to read:
146	146	948.605 (2) (a) 1. Any individual who knowingly possesses a firearm at a place
147	147	that the individual knows, or has reasonable cause to believe, is in or on the grounds
148	148	of a school is guilty of a Class I felony.
149	149	2. Any individual who knowingly possesses a firearm at a place that the
150	150	individual knows, or has reasonable cause to believe, is within 1,000 feet of the
151	151	grounds of a school is subject to a Class B forfeiture.
152	152	SECTION 12. 948.605 (2) (b) 1r. of the statutes is renumbered 948.605 (2) (bm)
153	153	2. and amended to read:
154	154	948.605 (2) (bm) 2. Except if the person is in or on the grounds of a school,
155	155	Paragraph (a) 2. does not apply to a licensee, as defined in s. 175.60 (1) (d), or an
156	156	out-of-state licensee, as defined in s. 175.60 (1) (g).
157	157	SECTION 13. 948.605 (2) (bm) 1. of the statutes is created to read:
158	158	948.605 (2) (bm) 1. Paragraph (a) 1. does not apply to a licensee who possesses
159	159	a firearm in or on the grounds of a school if the licensee is employed by the school and
160	160	one of the following applies:
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187	187	SECTION 13
188	188	ASSEMBLY BILL 250
189	189	a. If the school is a public school, other than a charter school established under
190	190	s. 118.40 (2r) or (2x), the school board has adopted a policy stating that employees
191	191	who are licensees may possess a firearm in or on the grounds of the school.
192	192	b. If the school is a charter school established under s. 118.40 (2r) or (2x), the
193	193	operator of the charter school has adopted a policy stating that employees who are
194	194	licensees may possess a firearm in or on the grounds of the school.
195	195	c. If the school is a private, parochial, or tribal school, the governing body of the
196	196	school has adopted a policy stating that employees who are licensees may possess a
197	197	firearm in or on the grounds of the school.
198	198	SECTION 14.0Initial applicability.
199	199	(1) LICENSE FEE WAIVERS. The treatment of ss. 20.455 (2) (gr) and 175.60 (7) (c),
200	200	(cm) (intro.) and 2., and (d) and (15) (b) 3. (intro.) and b. and 4. (intro.), a., and b. first
201	201	applies to applications submitted on the effective date of this subsection.
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