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Timeline for Act 35 (SB93) now that it has a published date

paul@paul-fisher.com

Regular Member
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May 24, 2009
Messages
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Location
Chandler, AZ
This was buried in another thread so I decided to put it here since there are so many questions:

https://docs.legis.wisconsin.gov/2011/related/enrolled/sb93.pdf

Here is the timeline:

SECTION 101.0Effective dates. This act takes effect
on the first day of the 4th month beginning after publication,
except as follows:
(1) The treatment of sections 66.0409 (6), 165.25
(12), 175.49 (4), 175.60 (2m) and (5), and 947.01 (2) of
the statutes and SECTION 100 (1) and (2) of this act take
effect on the day after publication.
(2c) The treatment of section 20.455 (2) (gs) of the
statutes and SECTION 100h of this act take effect on July
1, 2011.

July 1, 2011:

20.455 (2) (gs) Background check for licenses to
carry concealed weapons. The amounts in the schedule
to provide services under s. 175.60. All moneys received
as fee payments under s. 175.60 (7) (c) and (d), (13), and
(15) (b) 4. a. and b. shall be credited to this appropriation.
SECTION 100h.0Fiscal changes.
(1m) In the schedule under section 20.005 (3) of the
statutes for the appropriation to the department of justice
under section 20.455 (2) (gs) of the statutes, as affected
by the acts of 2011, the dollar amount is increased by
$62,300 for the first fiscal year of the fiscal biennium in
which this subsection takes effect to increase the authorized
FTE positions by 1.0 PR position. In the schedule
under section 20.005 (3) of the statutes for the appropriation
to the department of justice under section 20.455 (2)
(gs) of the statutes, as affected by the acts of 2011, the dollar
amount is increased by $62,300 for the second fiscal
year of the fiscal biennium in which this subsection takes
effect to increase the authorized FTE positions by 1.0 PR
position.
(2m) In the schedule under section 20.005 (3) of the
statutes for the appropriation to the department of justice
under section 20.455 (2) (gs) of the statutes, as affected
by the acts of 2011, the dollar amount is increased by
$174,400 for the first fiscal year of the fiscal biennium in
which this subsection takes effect to fund 10.0 LTE positions
for 6 months.
(3m) In the schedule under section 20.005 (3) of the
statutes for the appropriation to the department of justice
under section 20.455 (2) (gs) of the statutes, as affected
by the acts of 2011, the dollar amount is increased by
$77,100 for the first fiscal year of the fiscal biennium in
which this subsection takes effect for the purpose of providing
supplies and services.

Day after publication (7/25/11)

66.0409 (6) Unless other facts and circumstances that
indicate a criminal or malicious intent on the part of the
person apply, no person may be in violation of, or be
charged with a violation of, an ordinance of a political
subdivision relating to disorderly conduct or other inappropriate
behavior for loading, carrying, or going armed
with a firearm, without regard to whether the firearm is
loaded or is concealed or openly carried. Any ordinance
in violation of this subsection does not apply and may not
be enforced.
165.25 (12) RULES REGARDING CONCEALED WEAPONS
LICENSES. Promulgate by rule a list of states that issue a
permit, license, approval, or other authorization to carry
a concealed weapon if the permit, license, approval, or
other authorization requires, or designates that the holder
chose to submit to, a background search that is comparable
to a background check as defined in s. 175.60 (1) (ac).
175.49(4) CERTIFICATION CARDS. (a) 1. Subject to pars. (b),
(c), and (d) and sub. (3) (a), the department shall design
a certification card to be issued by the department under
sub. (3) (a).
2. Subject to pars. (b), (c), and (d) and sub. (2) (a),
each law enforcement agency, upon a request, shall
design a certification card to be issued by the law enforcement
agency under sub. (2) (a).
(b) A certification card shall contain on one side all
of the following:
1. The full name, date of birth, and residence address
of the person who holds the certification card.
2. A photograph of the certification card holder and
a physical description that includes sex, height, and eye
color.
3. The name of this state.
(c) A certification card shall include a statement that
the certification card does not confer any law enforcement
authority on the certification card holder and does
not make the certification card holder an employee or
agent of the certifying agency or department.
(d) A certification card may not contain the certification
card holder’s social security number.
175.60(2m) LICENSE DOCUMENT; CONTENT OF LICENSE. (a)
Subject to pars. (b), (bm), (c), and (d), the department
shall design a single license document for licenses issued
and renewed under this section. The department shall
complete the design of the license document no later than
the first day of the 2nd month beginning after the effective
date of this paragraph .... [LRB inserts date].
(b) A license document for a license issued under this
section shall contain all of the following on one side:
1. The full name, date of birth, and residence address
of the licensee.
2. A physical description of the licensee, including
sex, height, and eye color.
3. The date on which the license was issued.
4. The date on which the license expires.
5. The name of this state.
6. A unique identification number for each licensee.
(bm) The reverse side of a license document issued
under this section shall contain the requirement under
sub. (11) (b) that the licensee shall inform the department
of any address change no later than 30 days after his or
her address changes and the penalty for a violation of the
requirement.
(c) The license document may not contain the licensee’s
social security number.
(d) 1. The contents of the license document shall be
included in the document in substantially the same way
that the contents of an operator’s license document issued
under s. 343.17 are included in that document.
2. The license document issued under this section
shall be tamper proof in substantially the same way that
the operator’s license is tamper proof under s. 343.17 (2).
(e) The department of justice may contract with the
department of transportation to produce and issue license
documents under this section. Neither the department of
transportation nor any employee of the department of
transportation may store, maintain, or access the information
provided by the department of justice for the production
or issuance of license documents other than to the
extent necessary to produce or issue the license documents.
175.60(5) APPLICATION AND RENEWAL FORMS. (a) The
department shall design an application form for use by
individuals who apply for a license under this section and
a renewal form for use by individuals applying for
renewal of a license under sub. (15). The department
shall complete the design of the application form no later
than the first day of the 2nd month beginning after the
effective date of this paragraph .... [LRB inserts date],
and shall complete the design of the renewal form no later
than the first day of the 36th month beginning after the
effective date of this paragraph .... [LRB inserts date].
The forms shall require the applicant to provide only his
or her name, address, date of birth, state identification
card number, race, sex, height, and eye color and shall
include all of the following:
1. A statement that the applicant is ineligible for a
license if sub. (3) (a), (b), (c), (d), (e), (f), or (g) applies
to the applicant.
2. A statement explaining self−defense and defense
of others under s. 939.48, with a place for the applicant
to sign his or her name to indicate that he or she has read
and understands the statement.
3. A statement, with a place for the applicant to sign
his or her name, to indicate that the applicant has read and
understands the requirements of this section.
4. A statement that an applicant may be prosecuted
if he or she intentionally gives a false answer to any question
on the application or intentionally submits a falsified
document with the application.
5. A statement of the penalties for intentionally giving
a false answer to any question on the application or
intentionally submitting a falsified document with the
application.
6. A statement of the places under sub. (16) where a
licensee is prohibited from carrying a weapon, as well as
an explanation of the provisions under sub. (15m) and ss.
943.13 (1m) (c) and 948.605 (2) (b) 1r. that could limit
the places where the licensee may carry a weapon, with
a place for the applicant to sign his or her name to indicate
that he or she has read and understands the statement.
(b) The department shall make the forms described
in this subsection available on the Internet and, upon
request, by mail.
947.01 (2) Unless other facts and circumstances that
indicate a criminal or malicious intent on the part of the
person apply, a person is not in violation of, and may not
be charged with a violation of, this section for loading,
carrying, or going armed with a firearm, without regard
to whether the firearm is loaded or is concealed or openly
carried.
SECTION 100.0Nonstatutory provisions.
(1) Using the procedure under section 227.24 of the
statutes, the department of justice shall promulgate rules
required under section 165.25 (12) of the statutes, as
created by this act, for the period before the effective date
of the permanent rules promulgated under those sections,
but not to exceed the period authorized under section
227.24 (1) (c) and (2) of the statutes. Notwithstanding
section 227.24 (1) (a), (2) (b), and (3) of the statutes, the
department is not required to provide evidence that promulgating
a rule under this subsection as an emergency
rule is necessary for the preservation of public peace,
health, safety, or welfare and is not required to provide a
finding of an emergency for a rule promulgated under
this subsection.
(2) Notwithstanding section 175.60 (9) (b) of the statutes,
as created by this act, beginning on the effective date
of this subsection and ending on the first day of the 5th
month beginning after the effective date of this subsection,
the department of justice shall, as soon as practicable and without delay, but no longer than 45 days, after
receiving a complete application under section 175.60
(7) of the statutes, as created by this act, for a license to
carry a concealed weapon, do one of the following:
(a) Issue the license and promptly send the licensee
his or her license document by 1st class mail.
(b) Deny the application, but only if section 175.60
(3) (a), (b), (c), (d), (e), (f), or (g) of the statutes, as created
by this act, applies to the applicant. If the department
denies the application, the department shall inform the
applicant in writing, stating the reason and factual basis
for the denial.

The rest of it takes effect 11/1/11.
 

Outdoorsman1

Regular Member
Joined
Mar 1, 2011
Messages
1,248
Location
Silver Lake WI
department shall design an application form for use by
individuals who apply for a license under this section and
a renewal form for use by individuals applying for
renewal of a license under sub. (15). The department
shall complete the design of the application form no later
than the first day of the 2nd month beginning after the
effective date of this paragraph .... [LRB inserts date],

So if the 4 month wait = Nov. - Dec., then the applications should be available Sept. - Oct. ??????

(b) The department shall make the forms described
in this subsection available on the Internet and, upon
request, by mail.

So what.... Applications will not be available at local firearms dealers, sporting good stores, etc... ???

Edited to add....

Day after publication (7/25/11)

66.0409 (6) Unless other facts and circumstances that
indicate a criminal or malicious intent on the part of the
person apply, no person may be in violation of, or be
charged with a violation of, an ordinance of a political
subdivision relating to disorderly conduct or other inappropriate
behavior for loading, carrying, or going armed
with a firearm, without regard to whether the firearm is
loaded or is concealed or openly carried.
Any ordinance
in violation of this subsection does not apply and may not
be enforced.


???????? does this read that the day after publiccation we can carry as stated...???

"without regard to whether the firearm is loaded or is concealed or openly carried

Outdoorsman1
 
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M

McX

Guest
this thread puts me in my happy place...............stuff will be coming out just in time for my birthday! i think i will be 100 or something like that. do they give super-senior discounts on permit applications?
 

Outdoorsman1

Regular Member
Joined
Mar 1, 2011
Messages
1,248
Location
Silver Lake WI
this thread puts me in my happy place...............stuff will be coming out just in time for my birthday! i think i will be 100 or something like that. do they give super-senior discounts on permit applications?

They say that memory is the first thing to go... when I hear that I reply... "Yea, Thank God"....:eek:

Outdooorsman1
 

Outdoorsman1

Regular Member
Joined
Mar 1, 2011
Messages
1,248
Location
Silver Lake WI
Hey Paul...

What about this... I know a permit is required to carry concealed, but this seems to contradict that..????

Day after publication (7/25/11)

66.0409 (6) Unless other facts and circumstances that
indicate a criminal or malicious intent on the part of the
person apply, no person may be in violation of, or be
charged with a violation of, an ordinance of a political
subdivision relating to disorderly conduct or other inappropriate
behavior for loading, carrying, or going armed
with a firearm, without regard to whether the firearm is
loaded or is concealed or openly carried.
Any ordinance
in violation of this subsection does not apply and may not
be enforced.

Thanks for your input...

Outdoorsman1
 

phred

Regular Member
Joined
Mar 14, 2010
Messages
768
Location
North Central Wisconsin, ,
this thread puts me in my happy place...............stuff will be coming out just in time for my birthday! i think i will be 100 or something like that. do they give super-senior discounts on permit applications?


I suppose you are expecting a 100 yr old present? like a 1911?
 

rcav8r

Regular Member
Joined
Sep 24, 2010
Messages
252
Location
Stoughton, WI
Actually, I see it to mean that you can't be harrassed for legally open carrying starting 7/25. In other words, if the culvers incident happened after that date, there would be 8 madison police officers who face a $500 fine and up to 30 days in jail. Goodbye LEO career.

Of course, who is going to enforce this?
 

davegran

Regular Member
Joined
May 1, 2009
Messages
1,563
Location
Cassville Area -Twelve Miles From Anything, Wiscon
They aren't doing us any favors, are they?

Timeline for Act 35 (SB93) now that it has a published date
Hm-m-m, the Legislature web site history of SB93 says,"7/12/2011 S.Published 7-22-2011" Which happens to be the last, possible date of publication according to what I unpacked from the bill:
According to the language:

1. The Governor signs it on July 8th, 2011.
2. Ten working days from the 8th = July 22nd, 2011 = last possible date of publication.
3. One day after the date of publication = July 25th, 2011.
4. The first day of the 2nd month beginning after the effective date of this paragraph = September 1, 2011.

Therefore, since
(5) APPLICATION AND RENEWAL FORMS. (a) The
department shall design an application form for use by
individuals who apply for a license under this section and
a renewal form for use by individuals applying for
renewal of a license under sub. (15). The department
shall complete the design of the application form no later
than the first day of the 2nd month beginning after the
effective date of this paragraph
According to law, the design of the application form will be completed by 9-1-11 at the latest
They aren't doing us any favors, are they? :banghead:
 
Last edited:
M

McX

Guest
Actually, I see it to mean that you can't be harrassed for legally open carrying starting 7/25. In other words, if the culvers incident happened after that date, there would be 8 madison police officers who face a $500 fine and up to 30 days in jail. Goodbye LEO career.

Of course, who is going to enforce this?

Wisconsin Carry by virtue of freedom of info, letters, calls, and lawsuits. i dont know which time will be more difficult for us- as it was/is, what it is soon to be.

wish that Culver's thing NEVER happened (i keep having to remember that day, going to write my paper this weekend, it's not funny- each of us have seen each other rarely since the day- the first thing we asked each other, upon seeing the other: Was that real? that poop realy happen? you were there- you realy see that?) otherwise is aint spoke of much.
. it is a minor comfort that in theory the radical cop will get the bill. hope they get all the details of all of it- they usually dont listen nor take handout documents. it will be interesting times to come. keep your membership current.
 

Outdoorsman1

Regular Member
Joined
Mar 1, 2011
Messages
1,248
Location
Silver Lake WI
rcav8r
Actually, I see it to mean that you can't be harrassed for legally open carrying starting 7/25. In other words, if the culvers incident happened after that date, there would be 8 madison police officers who face a $500 fine and up to 30 days in jail. Goodbye LEO career.

Of course, who is going to enforce this?

There is a big difference between "Can't" and "Won't"... Just because the new bill says LEO can't does not mean LEO won't... I am sure there will hassles up to the point of LEO being charged under the new law, but then there's the they said / I said factor... I think it is time to update my voice / video recorder to a more compact, reliable, model...

Wisconsin Carry by virtue of freedom of info, letters, calls, and lawsuits. i dont know which time will be more difficult for us- as it was/is, what it is soon to be.

wish that Culver's thing NEVER happened (i keep having to remember that day, going to write my paper this weekend, it's not funny- each of us have seen each other rarely since the day- the first thing we asked each other, upon seeing the other: Was that real? that poop realy happen? you were there- you realy see that?) otherwise is aint spoke of much.
. it is a minor comfort that in theory the radical cop will get the bill. hope they get all the details of all of it- they usually dont listen nor take handout documents. it will be interesting times to come. keep your membership current.

Agreed....

Outdoorsman1
 

apierce918

Regular Member
Joined
Jan 7, 2009
Messages
276
Location
Appleton, WI
DOJ needs to have applications designed by setpember, but they still wont accept them until after Nov 1st according to their website
 
Last edited:

apjonas

Regular Member
Joined
Jun 11, 2006
Messages
1,157
Location
, ,
Something is Amiss

It looks like the Dept. of Justice simply ignored section 100 which provided for earlier dates.
 

AaronS

Regular Member
Joined
May 2, 2009
Messages
1,497
Location
Milwaukee, Wisconsin, USA
I just got your (Paul) mail with the new Act 35, and have yet to do a full read.

So with this in mind, the little I did read looks like the park ban is over as of right now. Am I correct on this?? Can I (for the first time in three years) go to a park?
The park bans have been real bad for me, and my dog... I would love to be able to "feel safe" at the dog parks again...
 
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