SB597: Bill Text

LRB-0868/1

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1995 - 1996 LEGISLATURE

1995 Senate BILL 597

March 5, 1996 - Introduced by Senators Drzewiecki, Cowles, Darling, Weeden, Panzer, Fitzgerald, Buettner, Rude and Schultz, cosponsored by Representatives Gard, Musser, Schneiders, Kaufert, Seratti, Kelso, Ainsworth, Jensen, Green, Duff, Goetsch, Lehman, Freese, Ladwig and Albers. Referred to Committee on Business, Economic Development and Urban Affairs.

SB597,2,2 An Act to repeal 111.335 (1) (cm), 134.59 (title), (1) and (3) and 440.26 (7) (title); to renumber and amend 134.59 (2), 440.26 (1), 440.26 (1m), 440.26 (2) (c), 440.26 (5), 440.26 (6) and 440.26 (7) (a); to amend 114.103 (1) (c), subchapter II (title) of chapter 440 [precedes 440.26], 440.26 (2) (a) 1., 440.26 (2) (a) 2., 440.26 (4), 440.26 (5) (title), 440.26 (8), 940.34 (2) (c) 1. and 941.237 (1) (em); to repeal and recreate 440.26 (2) (a) (intro.); and to create 111.335 (1) (cg), 440.08 (2) (a) 14d., 440.08 (2) (a) 41m., 440.08 (2) (a) 60m., 440.08 (2) (a) 63g., 440.26 (1) (e), (em) and (f), 440.26 (1m) (a), (b), (br) and (c), 440.26 (2) (a) 3., 3m. and 4., 440.26 (2) (c) 3., 440.26 (3m), 440.26 (4g), 440.26 (4r), 440.26 (5m), 440.26 (6) (a) 4., 440.26 (6) (b) and 440.26 (7m) of the statutes; relating to: the regulation of armored transport services, locksmiths and private alarm con tractors; the requirements that a person must satisfy to be eligible for a private detective license, a private detective agency license, a private security permit or a license to supply private security personnel; transferring the authority to issue private security permits for private security persons from local law enforcement authorities to the department of regulation and licensing; grant ing rule-making authority; and providing a penalty.

Analysis by the Legislative Reference Bureau

Under current law, a person must be licensed by the department of regulation and licensing (DORL) to operate a private detective agency, act as a private detective or private security person, or act as a supplier of private security personnel. DORL issues 2 kinds of licenses to cover these activities: 1) a private detective agency li cense; and 2) a private detective license. A person who owns or operates an agency is not required to have a private detective license to be eligible for a private detective agency license unless he or she is actually engaged in private detective work. Cur rent law prohibits DORL from issuing a private detective agency license or private detective license to a person who has been convicted of a felony within the 5-year peri od following the conviction if the circumstances of the conviction are substantially related to the licensed activity.

Current law also exempts the following private security persons from the pri vate detective agency and private detective licensing requirements: 1) a private secu rity person who is employed by the state, a municipality, a railroad company or a com mercial establishment, if the person operates exclusively on the employer's premises; 2) a person who is engaged in his or her duties as an employe of a licensed detective or security agency that is in the business of supplying uniformed security personnel to patrol exclusively on the private property of industrial plants, busi nesses, schools, colleges, hospitals, sports stadiums, exhibits or similar places, if he or she gets a private security permit from the chief of police or other designated law enforcement official of the municipality in which his or her employment activities take place. A private security permit may not be issued to a person who has been convicted of a felony in this state or elsewhere within the 5-year period following the conviction if the circumstances of the conviction are substantially related to the ac tivity allowed by the permit.

Finally, current law does not require locksmiths, persons providing armored transport services or persons selling, installing, servicing, monitoring or responding to private alarms, such as burglar alarms, to be licensed. However, current law does prohibit any person from intentionally hiring as a burglar alarm installer a person who has been convicted of a felony and who has not been pardoned. Current law also prohibits a person engaged in the business of installing burglar alarms from inten tionally allowing a person who has been convicted of a felony, and who has not been pardoned, to have access to individual burglar alarm installation records. Any per son who violates these prohibitions may be required to forfeit not more than $1,000.

This bill makes the following changes to the regulation of private detectives, private detective agencies, private security persons, armored transport services, locksmiths and private alarm contractors:

1. The bill requires any person who acts or solicits business as an armored transport service, a locksmith or a private alarm contractor to be licensed by DORL. To be eligible for a license, an armored transport service, locksmith or private alarm contractor must meet qualifications specified by DORL by rule and the qualifications specified in item 5, below. A person who violates the bill's requirement that armored transport services, locksmiths and private alarm contractors be licensed may be fined not less than $100 nor more than $500 and imprisoned for not less than 3 months nor more than 6 months. In addition, any licensed armored transport ser vice, locksmith or private alarm contractor who violates a law, engages in conduct reflecting adversely on his or her professional qualifications or makes a false state ment in applying for a license may have his or her license revoked, suspended or lim ited or may be subject to a reprimand by DORL.

2. The bill requires a person who owns or operates a private detective agency to be licensed as a private detective.

3. The bill retains the current exemption from licensing for a private security person who is employed by the state, a municipality, a railroad company or a commer cial establishment, but the bill changes the scope of the exemption by providing that it applies to the person whenever and wherever he or she is acting within the scope of his or her employment, and not, as under current law, only if he or she operates exclusively on the employer's premises.

4. The bill transfers the responsibility for issuing a private security permit from local law enforcement officials to DORL. The bill requires DORL to collect the same information and to maintain records of applications for and the issuance of private security permits. The bill provides that a permit issued by DORL authorizes the per mit holder to act as a private security person anywhere in this state while engaged in his or her duties as an employe of a licensed agency that supplies personnel to pa trol exclusively on specified types of private property. The bill also provides for DORL to set appropriate fees and to discipline a permit holder for just cause.

5. The bill prohibits DORL from issuing a private detective license, a private detective agency license, an armored transport service license, a locksmith license, a private alarm contractor license or a private security permit to a person who has been convicted of a felony in this state or elsewhere and who has not been pardoned, regardless of when the person was convicted or whether the circumstances of the con viction are substantially related to the licensed activity. In addition, the bill prohib its any licensed private detective, private detective agency, armored transport ser vice, locksmith or private alarm contractor from employing or being managed by a person who has been convicted of a felony and has not been pardoned, regardless of when the person was convicted or whether the circumstances of the conviction are substantially related to the person's employment. Finally, the bill prohibits the state, a municipality, a railroad company or a commercial establishment from em ploying as a private security person a person who has been convicted of a felony and has not been pardoned, regardless of when the person was convicted or whether the circumstances of the conviction are substantially related to the person's employ ment.

6. The bill requires a person who is licensed as a private detective, private de tective agency, armored transport company, locksmith or private alarm contractor and a person who has been issued a private security permit to notify DORL if he or she is convicted of a crime or found to have violated a state or local law which is pun ishable by a forfeiture.

7. The bill requires DORL to promulgate rules relating to the carrying of dan gerous weapons by private detectives, private security persons and persons licensed as or employed by armored transport services, private alarm contractors, locksmiths or private detective agencies. The rules promulgated by DORL under the bill must meet the minimum requirements specified under federal law relating to the armored car industry.

For further information see the state and local fiscal estimate, which will be printed as an appendix to this bill.

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.