SB597: Bill Text

The people of the state of Wisconsin, represented in senate and assembly, do enact as follows:

SB597, s. 1 Section 1. 111.335 (1) (cg) of the statutes is created to read:

SB597,4,4 111.335 (1) (cg) 1. Notwithstanding s. 111.322, it is not employment discrimina tion because of conviction record to deny or refuse to renew a license or permit under s. 440.26 to a person who has been convicted of a felony and has not been pardoned.

SB597,4,8 2. Notwithstanding s. 111.322, it is not employment discrimination because of conviction record to refuse to employ a person who has been convicted of a felony and has not been pardoned in a business licensed under s. 440.26 or as an employe speci fied in s. 440.26 (5) (b).

SB597, s. 2 Section 2. 111.335 (1) (cm) of the statutes is repealed.

SB597, s. 3 Section 3. 114.103 (1) (c) of the statutes is amended to read:

SB597,4,12 114.103 (1) (c) "Private security person" has the meaning given in s. 440.26 (1m) (d), but does not include any law enforcement officer.

SB597, s. 4 Section 4. 134.59 (title), (1) and (3) of the statutes are repealed.

SB597, s. 5 Section 5. 134.59 (2) of the statutes is renumbered 440.26 (4g) (c) and amended to read:

SB597,5,2 440.26 (4g) (c) No person engaged in the business of installing burglar alarms private alarm contractor or employe of a private alarm contractor may intentionally allow a felon who has not been pardoned to have access to individual burglar alarm system installation records.

SB597, s. 6 Section 6. 440.08 (2) (a) 14d. of the statutes is created to read:

SB597,5,5 440.08 (2) (a) 14d. Armored transport service: September 1 of each even-num bered year; $41.

SB597, s. 7 Section 7. 440.08 (2) (a) 41m. of the statutes is created to read:

SB597,5,7 440.08 (2) (a) 41m. Locksmith: September 1 of each even-numbered year; $41.

SB597, s. 8 Section 8. 440.08 (2) (a) 60m. of the statutes is created to read:

SB597,5,10 440.08 (2) (a) 60m. Private alarm contractor: September 1 of each even-num bered year; $41.

SB597, s. 9 Section 9. 440.08 (2) (a) 63g. of the statutes is created to read:

SB597,5,13 440.08 (2) (a) 63g. Private security person: September 1 of each even-num bered year; $41.

SB597, s. 10 Section 10. Subchapter II (title) of chapter 440 [precedes 440.26] of the stat utes is amended to read:

SB597,5,16 CHAPTER 440

SB597,5,21 SUBCHAPTER II PRIVATE DETECTIVES, private security persons, armored transport services, locksmiths and private alarm contractors

SB597, s. 11 Section 11. 440.26 (1) of the statutes is renumbered 440.26 (1) (intro.) and amended to read:

SB597,5,25 440.26 (1) License or permit required. (intro.) No person may advertise do any of the following unless he or she has a license or permit issued under this section:

SB597,6,2 (a) Advertise, solicit or engage in the business of operating a private detective agency, or act.

SB597,6,4 (b) Act as a private detective, investigator, special investigator or private secu rity person, or act.

SB597,6,5 (c) Act as a supplier of private security personnel , or solicit.

SB597,6,7 (d) Solicit business or perform any other type of service or investigation as a private detective or private security person, or receive .

SB597,6,12 (g) Receive any fees or compensation for acting as such, without first filing an application and the necessary bond or liability policy with the department and being issued a license or a permit under this section. No person may be so licensed unless the person is over 18 years of age any person, engaging in any business or performing any service specified in pars. (a) to (f).

SB597, s. 12 Section 12. 440.26 (1) (e), (em) and (f) of the statutes are created to read:

SB597,6,15 440.26 (1) (e) Act as an armored transport service or solicit business or perform any type of service as an armored transport service.

SB597,6,17 (em) Act as a locksmith or solicit business or perform any type of service as a locksmith.

SB597,6,19 (f) Act as a private alarm contractor or solicit business or perform any type of service as a private alarm contractor.

SB597, s. 13 Section 13. 440.26 (1m) of the statutes is renumbered 440.26 (1m) (intro.) and amended to read:

SB597,6,22 440.26 (1m) (title) Definition Definitions. (intro.) In this section, "private:

SB597,6,24 (d) "Private security person" or "private security personnel" means any private police, guard or any person who stands watch for security purposes.

SB597, s. 14 Section 14. 440.26 (1m) (a), (b), (br) and (c) of the statutes are created to read:

SB597,7,5 440.26 (1m) (a) "Armored transport service" means a person engaged in the business of transporting valuables, including currency, documents, papers, maps, negotiable instruments, securities, jewelry or works of art in a manner that provides or that is primarily intended or designed to provide a high degree of security to the valuables being transported.

SB597,7,9 (b) "Burglar alarm system" means a system, including an electronic access sys tem or other electronic security system, that activates an audible, visible or remote signal that requires a response and that is designed for the prevention or detection of intrusion, entry, theft, vandalism or trespass.

SB597,7,14 (br) "Locksmith" means a person engaged in the business of servicing, instal ling, receding, recombinating, manipulating, bypassing or originating first keys for any mechanical or electronic locking device that is used to control access to or exit from premises, vehicles, vaults, safe deposit boxes, automatic teller machines or oth er areas to which access is intended to be limited.

SB597,7,21 (c) "Private alarm contractor" means a person engaged in the business of sel ling, installing, monitoring, maintaining, altering, repairing, replacing, servicing or responding to security alarm systems, including burglar alarm systems, that are installed at a premises protected on an emergency basis. "Private alarm contractor" does not include a person engaged solely in the manufacture or sale of security alarm systems at his or her place of business or a person engaged solely in supplying private security personnel to patrol a protected premises.

SB597, s. 15 Section 15. 440.26 (2) (a) (intro.) of the statutes is repealed and recreated to read:

SB597,7,25 440.26 (2) (a) Types of licenses. (intro.) The department may do any of the fol lowing:

SB597, s. 16 Section 16. 440.26 (2) (a) 1. of the statutes is amended to read:

SB597,8,7 440.26 (2) (a) 1. A Issue a private detective agency license may be issued to an individual, partnership, limited liability company or corporation . An that meets the qualifications specified under par. (c) if the individual, the members of a the part nership or limited liability company and or the officers or directors of a the corpora tion, having have a private detective agency license, are not required to have a pri vate detective license unless actually engaged in the work of a private detective.

SB597, s. 17 Section 17. 440.26 (2) (a) 2. of the statutes is amended to read:

SB597,8,11 440.26 (2) (a) 2. A Issue a private detective license may only be issued to an individual who meets the qualifications specified under par. (c) if the individual is an owner, coowner or employe of a licensed private detective agency.

SB597, s. 18 Section 18. 440.26 (2) (a) 3., 3m. and 4. of the statutes are created to read:

SB597,8,15 440.26 (2) (a) 3. Issue an armored transport service license to an individual, partnership, limited liability company or corporation that meets the qualifications specified under par. (c).

SB597,8,17 3m. Issue a locksmith license to an individual, partnership, limited liability company or corporation that meets the qualifications specified under par. (c).

SB597,8,20 4. Issue a private alarm contractor license to an individual, partnership, lim ited liability company or corporation that meets the qualifications specified under par. (c).

SB597, s. 19 Section 19. 440.26 (2) (c) of the statutes is renumbered 440.26 (2) (c) 1. and amended to read:

SB597,9,2 440.26 (2) (c) 1. The Subject to subds. 2. and 3., the department shall prescribe, by rule, such qualifications as it deems appropriate, with due regard to investigative experience, special professional education and training and other factors bearing on professional competence. Subject to ss. 111.321, 111.322 and 111.335, no person

SB597,9,5 2. An individual who has been convicted in this state or elsewhere of a felony and who has not been pardoned is not eligible for a license for 5 years thereafter un der this section.

SB597,9,9 4. The department, in considering applicants for license, shall seek the advice of the appropriate local law enforcement agency or governmental official, and con duct such further investigation, as it deems proper to determine the competence of the applicant.

SB597, s. 20 Section 20. 440.26 (2) (c) 3. of the statutes is created to read:

SB597,9,12 440.26 (2) (c) 3. The department may not issue a license under this section to an individual unless the individual is over 18 years of age.

SB597, s. 21 Section 21. 440.26 (3m) of the statutes is created to read:

SB597,9,18 440.26 (3m) Rules concerning dangerous weapons. The department shall promulgate rules relating to the carrying of dangerous weapons by a person who holds a license or permit issued under this section or who is employed by a person licensed under this section. The rules shall meet the minimum requirements speci fied in 15 USC 5902 (b).

SB597, s. 22 Section 22. 440.26 (4) of the statutes is amended to read:

SB597,9,25 440.26 (4) Bonds or liability policies required. No license may be issued un der this section until a bond or liability policy, approved by the department, in the amount of $10,000 if the applicant for the license is an agency a private detective agency, an armored transport service, a locksmith or a private alarm contractor and includes all principals, partners, members or corporate officers, or in the amount of $2,000 if the applicant is a private detective, has been executed and filed with the department. Such bonds or liability policies shall be furnished by an insurer autho rized to do a surety business in this state in a form approved by the department.

SB597, s. 23 Section 23. 440.26 (4g) of the statutes is created to read:

SB597,10,6 440.26 (4g) Restrictions concerning unpardoned felons. (a) No person who holds a license issued under this section may employ a person who has been convicted in this state or elsewhere of a felony and who has not been pardoned.

SB597,10,9 (am) No partnership, limited liability company or corporation may have its business in this state managed by a person who has been convicted in this state or elsewhere of a felony and who has not been pardoned.

SB597,10,11 (b) No person may employ a person who has been convicted in this state or else where of a felony and has not been pardoned as an employe specified in sub. (5) (b).

SB597, s. 24 Section 24. 440.26 (4r) of the statutes is created to read:

SB597,10,15 440.26 (4r) Reporting violations of law. (a) Definition. In this subsection, "violation" means a violation of any state or local law that is punishable by a forfei ture.

SB597,10,24 (b) Reporting requirement. A person who holds a license or permit issued under this section and who is convicted of a felony or misdemeanor or is found to have com mitted a violation shall notify the department in writing of the date, place and nature of the conviction or finding within 30 days after the entry of the judgment of convic tion or the judgment finding that the person committed a violation. The written no tice to the department under this paragraph shall include a copy of the complaint, citation or other information that describes the nature of the crime or violation and a copy of the judgment of conviction or the judgment finding that the person com mitted a violation.

SB597, s. 25 Section 25. 440.26 (5) (title) of the statutes is amended to read:

SB597,11,1 440.26 (5) (title) Exemptions ; private security permit.

SB597, s. 26 Section 26. 440.26 (5) of the statutes is renumbered 440.26 (5) (b) and amended to read:

SB597,11,10 440.26 (5) (b) This Subject to sub. (4g) (b), the license requirements of this sec tion does do not apply to any person employed, directly or indirectly by the state or by a municipality, as defined in s. 345.05 (1) (c), or to any employe of a railroad compa ny under s. 192.47, or employes to any employe of a commercial establishments, who operate exclusively on their establishment, while the person is acting within the scope of his or her employment and whether or not he or she is on the employer's premises.

SB597,11,17 (c) An employe of any licensed agency that is licensed as a private detective agency under this section and that is doing business in this state as a supplier of uni formed private security personnel to patrol exclusively on the private property of in dustrial plants, business establishments, schools, colleges, hospitals, sports sta diums, exhibits and similar activities are is exempt from the license requirements of this section subs. (1m) to (4) while engaged in such employment, if the person all of the following apply:

SB597,11,18 1. The employe obtains a private security permit under this section sub. (5m).

SB597,12,2 2. The private detective agency shall furnish upon request furnishes an up-to- date written record of its employes to the chief of police or other local law enforcement official designated by the department for the municipality wherein such activities take place. Such. The record shall include the name, residence address, date of birth and a physical description of each such employe together with a recent photograph and 2 fingerprint cards bearing a complete set of fingerprints of the each employe, and, subject to ss. 111.321, 111.322 and 111.335, no person shall be eligible for a pri vate security permit who has been convicted in this state or elsewhere of a felony within 5 years preceding application.

SB597,12,11 3. The private detective agency shall notify notifies the chief of police or other designated official department in writing within 5 days of any change of the resi dence address or of the termination of employment of such person. A private security permit shall be issued or denied within 48 hours of application by the chief of police or other designated official. The permit shall remain valid unless for just cause re voked by the chief of police or other designated official issuing the permit for just cause. Upon denial or revocation of a permit, appeal may be taken to the department. The chief of police or other designated official may charge the agency a fee of not more than $10 for issuing the permit in the information under subd. 2.

SB597, s. 27 Section 27. 440.26 (5m) of the statutes is created to read:

SB597,12,14 440.26 (5m) Private security permit. (a) The department shall issue a private security permit to an individual if all of the following apply:

SB597,12,16 1. The individual submits an application for a private security permit to the department on a form provided by the department.

SB597,12,18 2. The individual has not been convicted in this state or elsewhere of a felony, unless he or she has been pardoned for that felony.

SB597,12,20 3. The individual provides evidence satisfactory to the department that he or she is an employe of a private detective agency described in sub. (5) (c).

SB597,12,21 4. The individual pays to the department the fee specified in s. 440.05 (1).

SB597,12,23 (b) A private security permit issued under this subsection remains valid unless revoked, suspended or limited by the department for just cause.

SB597,13,3 (c) A private security permit issued under this subsection authorizes the holder of the permit to engage in private security activities described in sub. (5) (c) for an employer described in sub. (5) (c) anywhere in this state.

SB597,13,8 (d) The department shall maintain a record pertaining to each applicant for a permit under this subsection and each holder of a permit issued by the department under this subsection. The record shall include all information received by the de partment that is relevant to the approval or denial of the application, the issuance of the permit and any limitations, suspensions or revocations of the permit.

SB597, s. 28 Section 28. 440.26 (6) of the statutes is renumbered 440.26 (6) (a) (intro.) and amended to read:

SB597,13,14 440.26 (6) (a) (intro.) Subject to the rules adopted under s. 440.03 (1), the de partment may reprimand the holder of a license or permit issued under this section or revoke, suspend or limit the license or permit of any person who has been done any of the following:

SB597,13,17 1. Been convicted of a crime misdemeanor or found to have violated any state or local law that is punishable by a forfeiture, subject to ss. 111.321, 111.322 and 111.335, or has engaged.

SB597,13,19 2. Engaged in conduct reflecting adversely on his or her professional qualifica tion, or has made.

SB597,13,21 3. Made a false statement in connection with any application for a license or permit under this section.