LRB-3317/2
PG:jld&kjf:jf
2009 - 2010 LEGISLATURE
January 7, 2010 - Introduced by Senators Holperin, Lehman, Grothman, Taylor
and Olsen, cosponsored by Representatives Hraychuck, Staskunas, Kestell,
Suder, Turner, Brooks, Bies and Mursau. Referred to Committee on
Education.
SB449,1,3
1An Act to amend 120.13 (1) (bm) and 120.13 (1) (c) 2m.; and
to create 120.13
2(1) (cm) of the statutes;
relating to: possession of a firearm at school or under
3the supervision of a school authority.
Analysis by the Legislative Reference Bureau
Under current law, with one exception relating to hunting in a school forest, a
public school pupil must be suspended from school if the school district administrator
or a principal or teacher designated by the administrator finds that the pupil
possessed a firearm while at school or at a school function, and the school board must
commence a proceeding to expel the pupil from school for not less than one year.
This bill provides that the above requirements regarding suspension and
expulsion do not apply to any of the following:
1. A firearm lawfully stored in a locked vehicle on school property.
2. Possession of a firearm for an activity approved and authorized by a school
board if the school board has adopted appropriate safeguards to ensure pupil safety.
The addition of these exceptions makes state law consistent with the federal
Gun-Free Schools Act. See
20 USC 7151.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
SB449, s. 1
4Section
1. 120.13 (1) (bm) of the statutes is amended to read:
SB449,2,7
1120.13
(1) (bm)
The Subject to par. (cm), the school district administrator or any
2principal or teacher designated by the school district administrator shall suspend a
3pupil under par. (b) if the school district administrator, principal or teacher
4determines that the pupil, while at school or while under the supervision of a school
5authority, possessed a firearm, as defined in
18 USC 921 (a) (3).
This paragraph does
6not apply to the possession of a firearm while legally hunting in a school forest if
7allowed under s. 120.13 (38).
SB449, s. 2
8Section
2. 120.13 (1) (c) 2m. of the statutes is amended to read:
SB449,2,159
120.13
(1) (c) 2m.
The Subject to par. (cm), the school board shall commence
10proceedings under subd. 3. and expel a pupil from school for not less than one year
11whenever it finds that the pupil, while at school or while under the supervision of a
12school authority, possessed a firearm, as defined in
18 USC 921 (a) (3). Annually, the
13school board shall report to the department the information specified under
20 USC
148921 (d) (1) and (2).
This subdivision does not apply to the possession of a firearm
15while legally hunting in a school forest if allowed under s. 120.13 (38).
SB449, s. 3
16Section
3. 120.13 (1) (cm) of the statutes is created to read:
SB449,2,1717
120.13
(1) (cm) Paragraphs (bm) and (c) 2m. do not apply to any of the following:
SB449,2,1918
1. Possession of a firearm while legally hunting in a school forest, if allowed
19under sub. (38).
SB449,2,2020
2. A firearm lawfully stored in a locked vehicle on school property.
SB449,2,2221
3. Possession of a firearm for an activity approved and authorized by the school
22board if the school board has adopted appropriate safeguards to ensure pupil safety.
