Wisconsin 2025-2026 Regular Session

Wisconsin Senate Bill SB167 Compare Versions

Only one version of the bill is available at this time.
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44 2025 SENATE BILL 167
55 April 3, 2025 - Introduced by Senators TOMCZYK and NASS, cosponsored by
66 Representatives ALLEN, MURPHY, BEHNKE, BRILL, DITTRICH, KREIBICH,
77 WICHGERS and KNODL. Referred to Committee on Licensing, Regulatory
88 Reform, State and Federal Affairs.
99 AN ACT to repeal 175.60 (7) (d) and 175.60 (15) (b) 4. (intro.) and b.; to
1010 renumber and amend 175.60 (7) (c), 175.60 (15) (b) 4. a., 948.605 (2) (a) and
1111 948.605 (2) (b) 1r.; to amend 20.455 (2) (gr), 175.60 (2g) (a) and 175.60 (5) (a)
1212 6.; to create 175.60 (7) (cm) (intro.) and 2., 175.60 (15) (b) 3. (intro.) and b.,
1313 948.605 (1) (aj) and 948.605 (2) (bm) 1. of the statutes; relating to: possession
1414 of a firearm on school grounds by school employees and fees for licenses to
1515 carry a concealed weapon.
1616 Analysis by the Legislative Reference Bureau
1717 Both federal law and state law prohibit a person from possessing a firearm on
1818 the grounds of a school. Federal and state law provide several identical exceptions
1919 to the prohibition, such as for law enforcement and for persons in accordance with a
2020 contract between the person and the school. Federal law provides another exception
2121 for a person who is licensed to possess a firearm by the state if the state requires a
2222 background check to ensure the person is qualified for the license. Since the
2323 Department of Justice requires a background check before it issues a person a
2424 license to carry a concealed weapon, a licensee is allowed under federal law to
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3636 possess a firearm on the grounds of a school. State law, however, does not provide
3737 an identical exception, so a licensee is prohibited under state law from possessing a
3838 firearm on the grounds of a school.
3939 This bill creates a state exception that is similar to the federal exception.
4040 Under the bill, a person who has a license issued by DOJ may possess a firearm on
4141 the grounds of a school if the person is employed by the school and the school board
4242 or governing entity has adopted a policy that allows employees who are licensees to
4343 possess a firearm.
4444 Under current law, a person who applies to DOJ for a license to carry a
4545 concealed weapon must pay an application fee and a person who is renewing a
4646 license must pay a renewal fee. DOJ must set the fee amount on the basis of the
4747 cost it incurs in licensing, but the fee can be no more than $37 for an initial license
4848 and $12 for a license renewal. In addition, the person must pay for a background
4949 check for each initial application and renewal application; that fee amount is
5050 currently $10. The bill waives the initial application fee, renewal fee, and
5151 background check fee for teachers who apply for a license.
5252 For further information see the state and local fiscal estimate, which will be
5353 printed as an appendix to this bill.
5454 The people of the state of Wisconsin, represented in senate and assembly, do
5555 enact as follows:
5656 SECTION 1. 20.455 (2) (gr) of the statutes is amended to read:
5757 20.455 (2) (gr) Handgun purchaser record check; checks for licenses or
5858 certifications to carry concealed weapons. All moneys received as fee payments
5959 under ss. 175.35 (2i), 175.49 (5m), and 175.60 (7) (c) and (d) (cm) 1., (13), and (15) (b)
6060 4. 3. a. and b. to provide services under ss. 165.28, 175.35, 175.49, and 175.60.
6161 SECTION 2. 175.60 (2g) (a) of the statutes is amended to read:
6262 175.60 (2g) (a) A licensee or an out-of-state licensee may carry a concealed
6363 weapon anywhere in this state except as provided under subs. (15m) and (16) and
6464 ss. 943.13 (1m) (c) and 948.605 (2) (b) 1r.
6565 SECTION 3. 175.60 (5) (a) 6. of the statutes is amended to read:
6666 175.60 (5) (a) 6. A statement of the places under sub. (16) where a licensee is
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8282 prohibited from carrying a weapon, as well as an explanation of the provisions
8383 under sub. (15m) and ss. 943.13 (1m) (c) and 948.605 (2) (b) 1r. that could limit the
8484 places where the licensee may carry a weapon, with a place for the applicant to sign
8585 his or her name to indicate that he or she has read and understands the statement.
8686 SECTION 4. 175.60 (7) (c) of the statutes is renumbered 175.60 (7) (cm) 1. and
8787 amended to read:
8888 175.60 (7) (cm) 1. A fee for a background check that is equal to the fee charged
8989 under s. 175.35 (2i) and a license fee in an amount, as determined by the
9090 department by rule, that is equal to the cost of issuing the license but does not
9191 exceed $37. The department shall determine the costs of issuing a license by using
9292 a 5-year planning period.
9393 SECTION 5. 175.60 (7) (cm) (intro.) and 2. of the statutes are created to read:
9494 175.60 (7) (cm) (intro.) One of the following:
9595 2. A statement that he or she is a teacher who holds a license or permit issued
9696 by the state superintendent of public instruction or proof, as determined by the
9797 department, that he or she is employed as a teacher in a private school or tribal
9898 school located in this state.
9999 SECTION 6. 175.60 (7) (d) of the statutes is repealed.
100100 SECTION 7. 175.60 (15) (b) 3. (intro.) and b. of the statutes are created to read:
101101 175.60 (15) (b) 3. (intro.) Submits one of the following:
102102 b. A statement that the licensee is a teacher who holds a license or permit
103103 issued by the state superintendent of public instruction or proof, as determined by
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130130 the department, that the licensee is employed as a teacher in a private school or
131131 tribal school located in this state.
132132 SECTION 8. 175.60 (15) (b) 4. (intro.) and b. of the statutes are repealed.
133133 SECTION 9. 175.60 (15) (b) 4. a. of the statutes is renumbered 175.60 (15) (b)
134134 3. a. and amended to read:
135135 175.60 (15) (b) 3. a. A fee for a background check that is equal to the fee
136136 charged under s. 175.35 (2i) and a renewal fee in an amount, as determined by the
137137 department by rule, that is equal to the cost of renewing the license but does not
138138 exceed $12. The department shall determine the costs of renewing a license by
139139 using a 5-year planning period.
140140 SECTION 10. 948.605 (1) (aj) of the statutes is created to read:
141141 948.605 (1) (aj) XLicenseeY has the meaning given in s. 175.60 (1) (d).
142142 SECTION 11. 948.605 (2) (a) of the statutes is renumbered 948.605 (2) (a) 1.
143143 and amended to read:
144144 948.605 (2) (a) 1. Any individual who knowingly possesses a firearm at a place
145145 that the individual knows, or has reasonable cause to believe, is in or on the
146146 grounds of a school is guilty of a Class I felony.
147147 2. Any individual who knowingly possesses a firearm at a place that the
148148 individual knows, or has reasonable cause to believe, is within 1,000 feet of the
149149 grounds of a school is subject to a Class B forfeiture.
150150 SECTION 12. 948.605 (2) (b) 1r. of the statutes is renumbered 948.605 (2) (bm)
151151 2. and amended to read:
152152 948.605 (2) (bm) 2. Except if the person is in or on the grounds of a school,
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180180 Paragraph (a) 2. does not apply to a licensee, as defined in s. 175.60 (1) (d), or an
181181 out-of-state licensee, as defined in s. 175.60 (1) (g).
182182 SECTION 13. 948.605 (2) (bm) 1. of the statutes is created to read:
183183 948.605 (2) (bm) 1. Paragraph (a) 1. does not apply to a licensee who possesses
184184 a firearm in or on the grounds of a school if the licensee is employed by the school
185185 and one of the following applies:
186186 a. If the school is a public school, other than a charter school established
187187 under s. 118.40 (2r) or (2x), the school board has adopted a policy stating that
188188 employees who are licensees may possess a firearm in or on the grounds of the
189189 school.
190190 b. If the school is a charter school established under s. 118.40 (2r) or (2x), the
191191 operator of the charter school has adopted a policy stating that employees who are
192192 licensees may possess a firearm in or on the grounds of the school.
193193 c. If the school is a private, parochial, or tribal school, the governing body of
194194 the school has adopted a policy stating that employees who are licensees may
195195 possess a firearm in or on the grounds of the school.
196196 SECTION 14. Initial applicability.
197197 (1) LICENSE FEE WAIVERS. The treatment of ss. 20.455 (2) (gr) and 175.60 (7)
198198 (c), (cm) (intro.) and 2., and (d) and (15) (b) 3. (intro.) and b. and 4. (intro.), a., and b.
199199 first applies to applications submitted on the effective date of this subsection.
200200 (END)
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