Wisconsin 2023-2024 Regular Session

Wisconsin Assembly Bill AB468 Compare Versions

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

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3	3	2023 - 2024 LEGISLATURE
4	4	2023 ASSEMBLY BILL 468
5	5	October 5, 2023 - Introduced by Representatives BODDEN, BEHNKE, ARMSTRONG,
6	6	BINSFELD, BRANDTJEN, CALLAHAN, DITTRICH, EDMING, GOEBEN, GREEN,
7	7	GUSTAFSON, MAGNAFICI, MURPHY, O'CONNOR, RETTINGER, ROZAR, SCHMIDT,
8	8	SCHUTT and WICHGERS, cosponsored by Senators STAFSHOLT, MARKLEIN, NASS,
9	9	STROEBEL, TOMCZYK and WANGGAARD. Referred to Committee on Consumer
10	10	Protection.
11	11	*AUTHORS SUBJECT TO CHANGE*
12	12	AN ACT to amend 165.60 and 175.35 (2k) (ar) 1.; and to create 175.31 and 224.60
13	13	of the statutes; relating to: prohibiting firearms merchant category codes in
14	14	payment card transactions, prohibiting government lists of firearm owners,
15	15	and providing a penalty.
16	16	Analysis by the Legislative Reference Bureau
17	17	This bill prohibits a financial institution, as part of a payment card transaction,
18	18	from requiring the use of a merchant category code that identifies the merchant as
19	19	a firearms retailer. The bill also provides that the Department of Justice may not
20	20	maintain a list of firearm purchasers based on information from background checks
21	21	that DOJ performs and that no governmental entity may maintain a list of firearm
22	22	owners. The bill requires the attorney general to enforce the prohibitions created in
23	23	this bill.
24	24	Firearms codes in payment card transactions
25	25	The bill prohibits a financial institution or its agent from requiring the use of
26	26	a firearms code in a way that distinguishes a firearms retailer from general
27	27	merchandise retailers or sporting goods retailers. The bill defines a “financial
28	28	institution" as an entity involved in facilitating or processing a payment card
29	29	transaction, including a bank, acquirer, payment card network, or payment card
30	30	issuer. The bill defines “firearms code" as the merchant category code 5723, approved
31	31	in September 2022 by the International Organization for Standardization, for
32	32	firearms retailers. In addition, with limited exceptions, a financial institution may
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38	38	ASSEMBLY BILL 468
39	39	not discriminate against a firearms retailer by declining a lawful payment card
40	40	transaction based solely on the assignment or nonassignment of a firearms code.
41	41	Prohibitions on government lists of firearm owners
42	42	Current law provides that a federally licensed firearms dealer may not transfer
43	43	a handgun after a sale until the dealer has requested DOJ to perform a background
44	44	check on the prospective transferee to determine if he or she is prohibited from
45	45	possessing a firearm under state or federal law. Unless the background check
46	46	indicates that the prospective transferee is prohibited from possessing a firearm,
47	47	current law requires DOJ to deny access to records regarding background checks and
48	48	to destroy all such records within 30 days after the background check is complete.
49	49	This bill further requires DOJ to ensure that such records are not stored,
50	50	maintained, or formatted into a list that identifies persons who have purchased a
51	51	firearm.
52	52	The bill also prohibits governmental entities from intentionally creating,
53	53	storing, or maintaining a list of individuals who own firearms. The bill provides an
54	54	exception for criminal investigations or prosecutions or for determining compliance
55	55	with court orders or injunctions.
56	56	The people of the state of Wisconsin, represented in senate and assembly, do
57	57	enact as follows:
58	58	SECTION 1. 165.60 of the statutes is amended to read:
59	59	165.60 Law enforcement. The department of justice shall enforce ss. 175.31
60	60	and 224.60. The department of justice is authorized to enforce ss. 101.123 (2), (2m),
61	61	and (8), 175.60 (17) (e), 944.30 (1m), 944.31, 944.33, 944.34, 945.02 (2), 945.03 (1m),
62	62	945.04 (1m), and 948.081 and ch. 108 and, with respect to a false statement
63	63	submitted or made under s. 175.60 (7) (b) or (15) (b) 2. or as described under s. 175.60
64	64	(17) (c), to enforce s. 946.32, is authorized to assist the department of workforce
65	65	development in the investigation and prosecution of suspected fraudulent activity
66	66	related to worker's compensation as provided in s. 102.125, and is invested with the
67	67	powers conferred by law upon sheriffs and municipal police officers in the
68	68	performance of those duties. This section does not deprive or relieve sheriffs,
69	69	constables, and other local police officers of the power and duty to enforce those
70	70	sections, and those officers shall likewise enforce those sections.
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86	86	SECTION 2
87	87	ASSEMBLY BILL 468
88	88	SECTION 2. 175.31 of the statutes is created to read:
89	89	175.31 Lists of owners of firearms. Except for purposes of criminal
90	90	investigations or prosecutions or of determining compliance with court orders or
91	91	injunctions, no state agency, political subdivision, or special purpose district may
92	92	intentionally create, store, or maintain a list of individuals who own firearms.
93	93	SECTION 3. 175.35 (2k) (ar) 1. of the statutes is amended to read:
94	94	175.35 (2k) (ar) 1. Deny access to any record kept under this section and ensure
95	95	that, before records are destroyed under subd. 2., such records are not stored,
96	96	maintained, or formatted into a list that identifies persons who have purchased a
97	97	firearm.
98	98	SECTION 4. 224.60 of the statutes is created to read:
99	99	224.60 Prohibited merchant category codes in payment card
100	100	transactions. (1) In this section:
101	101	(a) “Customer" means any resident of this state engaged in a payment card
102	102	transaction that a financial institution facilitates or processes.
103	103	(b) “Financial institution" means an entity involved in facilitating or
104	104	processing a payment card transaction, including a bank, acquirer, payment card
105	105	network, or payment card issuer.
106	106	(c) “Firearms code" means the merchant category code 5723, approved in
107	107	September 2022 by the International Organization for Standardization, for firearms
108	108	retailers.
109	109	(d) “Firearms retailer" means any person physically located in this state
110	110	engaged in the lawful business of selling or trading firearms, firearm components,
111	111	ammunition to be used in firearms, or firearm accessories.
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136	136	ARG&CMH:cdc
137	137	SECTION 4 ASSEMBLY BILL 468
138	138	(2) A financial institution or its agent may not require the use of the firearms
139	139	code in a way that distinguishes a firearms retailer from general merchandise
140	140	retailers or sporting goods retailers.
141	141	(3) (a) Subject to par. (b), a financial institution may not discriminate against
142	142	a firearms retailer by declining a lawful payment card transaction based solely on
143	143	the assignment or nonassignment of the firearms code.
144	144	(b) A financial institution may decline or otherwise refuse to process a lawful
145	145	payment card transaction on the basis of the firearms code if any of the following
146	146	applies:
147	147	1. Doing so is necessary to comply with this section.
148	148	2. The customer has requested the financial institution to do so.
149	149	3. Doing so is necessary to comply with fraud controls or merchant category
150	150	exclusions offered by the financial institution or with expenditure controls or
151	151	corporate card controls.
152	152	(4) Nothing in this section limits the ability of a financial institution to
153	153	negotiate with responsible parties or otherwise impairs the financial institution's
154	154	actions related to dispute processing, fraud management, or protecting transaction
155	155	integrity from concerns related to illegal activities, data breaches, or cyber risks.
156	156	(END)
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