SB389, s. 20 16Section 20. 111.335 (1) (cg) 2. of the statutes is amended to read:
SB389,9,2017 111.335 (1) (cg) 2. Notwithstanding s. 111.322, it is not employment
18discrimination because of conviction record to revoke a license or permit under s.
19440.26 (6) (b) 440.35 (2) if the person holding the license or permit has been convicted
20of a felony and has not been pardoned for that felony.
SB389, s. 21 21Section 21. 111.335 (1) (cg) 3. of the statutes is amended to read:
SB389,9,2422 111.335 (1) (cg) 3. Notwithstanding s. 111.322, it is not employment
23discrimination because of conviction record to refuse to employ a person in a business
24licensed under s. 440.26 subch. II of ch. 440 or as an employe specified in s. 440.26

1(5) (b)
440.29 (2) if the person has been convicted of a felony and has not been
2pardoned for that felony.
SB389, s. 22 3Section 22 . 114.103 (1) (c) of the statutes is amended to read:
SB389,10,54 114.103 (1) (c) "Private security person" has the meaning given in s. 440.26
5(1m) (h)
440.27 (1), but does not include any law enforcement officer.
SB389, s. 23 6Section 23 . 127.01 (1r) of the statutes is amended to read: ART
SB389,10,117 127.01 (1r) "Audited financial statement" means a financial statement on
8which an independent certified public accountant, or an independent public
9accountant holding a certificate of authority
licensed under ch. 442, has expressed
10an opinion according to generally accepted accounting principles and has conducted
11an audit according to generally accepted auditing standards.
SB389, s. 24 12Section 24. 127.01 (25m) (b) of the statutes is amended to read:
SB389,10,1613 127.01 (25m) (b) The financial statement is reviewed according to generally
14accepted accounting principles by an independent certified public accountant or an
15independent public accountant who holds a certificate of authority
licensed under ch.
16442.
SB389, s. 25 17Section 25. 127.06 (1) (e) of the statutes is amended to read:
SB389,10,2418 127.06 (1) (e) The department may extend the filing deadline under par. (a) 2.
19by up to 30 days in response to a written request from a warehouse keeper or an
20independent certified public accountant, or an independent public accountant
21holding a certificate of authority
licensed under ch. 442, that is auditing or reviewing
22the financial statement for a warehouse keeper if the department receives the
23request on or before the 5th day of the 4th month beginning after the close of the
24warehouse keeper's fiscal year and if the request states the reason for the extension.
SB389, s. 26 25Section 26 . 127.06 (1m) (e) of the statutes is amended to read:
SB389,11,7
1127.06 (1m) (e) The department may extend the filing deadline under par. (b)
22. by up to 30 days in response to a written request from a grain dealer or an
3independent certified public accountant, or an independent public accountant who
4holds a certificate of authority
licensed under ch. 442, that is auditing or reviewing
5the financial statement for a grain dealer, if the department receives the written
6request on or before the 5th day of the 4th month beginning after the close of the grain
7dealer's fiscal year and if the request states the reason for the extension.
SB389, s. 27 8Section 27 . 149.14 (3) (k) of the statutes is amended to read:
SB389,11,119 149.14 (3) (k) Rental or purchase, as appropriate, of durable medical
10equipment or disposable medical supplies, other than eyeglasses and hearing aids
11instruments.
SB389, s. 28 12Section 28 . 149.14 (4) (h) and (i) of the statutes, are amended to read:
SB389,11,1313 149.14 (4) (h) Eyeglasses and hearing aids instruments.
SB389,11,1514 (i) Routine physical examinations, including routine examinations to
15determine the need for eyeglasses and hearing aids instruments.
SB389, s. 29 16Section 29 . 167.31 (4) (a) 4. (intro.) of the statutes is amended to read:
SB389,11,1817 167.31 (4) (a) 4. (intro.) A private security person, as defined in s. 440.26 (1m)
18440.27 (1), who meets all of the following requirements:
SB389, s. 30 19Section 30. 167.31 (4) (a) 4. a. of the statutes is amended to read:
SB389,11,2220 167.31 (4) (a) 4. a. He or she holds either a private detective license issued
21under s. 440.26 (2) (a) 2.
or a private security permit issued under s. 440.26 (5) subch.
22II of ch. 440
.
SB389, s. 31 23Section 31 . 440.03 (7m) of the statutes is amended to read:
SB389,12,824 440.03 (7m) The department may promulgate rules that establish procedures
25for submitting an application for a credential or credential renewal by electronic

1transmission. Any rules promulgated under this subsection shall specify procedures
2for complying with any requirement that a fee be submitted with the application.
3The rules may also waive any requirement in chs. 440 to 480 that an application
4submitted to the department, an examining board or an affiliated credentialing
5board be executed, verified, signed, sworn or made under oath, notwithstanding ss.
6440.26 (2) (b) 440.30 (2), 440.42 (2) (intro.), 440.91 (2) (intro.), 443.06 (1) (a), 443.10
7(2) (a), 445.04 (2), 445.08 (4), 445.095 (1) (a), 448.05 (7), 450.09 (1) (a), 452.10 (1) and
8480.08 (2m).
SB389, s. 32 9Section 32 . 440.04 (8) of the statutes is repealed.
SB389, s. 33 10Section 33 . 440.05 (intro.) of the statutes is amended to read:
SB389,12,13 11440.05 Standard fees. (intro.) The following standard fees apply to all initial
12credentials, except as provided in ss. 440.42, 440.43, 440.44, 440.51, 442.06, 444.03,
13444.05, 444.11, 447.04 (2) (c) 2., 449.17, and 449.18 and 459.46:
SB389, s. 34 14Section 34 . 440.08 (2) (a) (intro.) of the statutes is amended to read:
SB389,12,1715 440.08 (2) (a) (intro.) Except as provided in par. (b) and in ss. 440.51, 442.04,
16442.06, 444.03, 444.05, 444.11, 447.04 (2) (c) 2., 448.065, 447.04 (2) (c) 2., 449.17 , and
17449.18 and 459.46, the renewal dates and renewal fees for credentials are as follows:
SB389, s. 35 18Section 35 . 440.08 (2) (a) 2. of the statutes, as affected by 1999 Wisconsin Act
199
, is repealed.
SB389, s. 36 20Section 36 . 440.23 (1) of the statutes, as affected by 1999 Wisconsin Act 9, is
21amended to read:
SB389,13,322 440.23 (1) If the holder of a credential pays a fee required under s. 440.05 (1)
23or (6), 440.08, 444.03, 444.05, or 444.11 or 459.46 (2) (b) by check or debit or credit
24card and the check is not paid by the financial institution upon which the check is
25drawn or if the demand for payment under the debit or credit card transaction is not

1paid by the financial institution upon which demand is made, the department may
2cancel the credential on or after the 60th day after the department receives the notice
3from the financial institution, subject to sub. (2).
Note: Sections 1 to 4, 6 to 9, 32 , 33 and 36 of this bill remove outdated provisions
in current law that relate to the registration of speech-language pathologists and
audiologists. These registration provisions were in effect between December 1, 1990, and
June 30, 1993. The current licensing provisions for speech-language pathologists and
audiologists became effective as of July 1, 1993.
SB389, s. 37 4Section 37 . 440.26 (title) of the statutes is repealed.
SB389, s. 38 5Section 38. 440.26 (1) (title) and (a) 1., 2., 3. and 4. of the statutes are
6renumbered 440.28 (title) and (1) (a), (b), (c) and (d).
SB389, s. 39 7Section 39. 440.26 (1) (a) (intro.) of the statutes is renumbered 440.28 (1)
8(intro.) and amended to read:
SB389,13,119 440.28 (1) (intro.) No Except as provided in s. 440.29 and in rules promulgated
10under sub. (2), no
person may do any of the following unless he or she has a license
11or permit issued under this section subchapter:
SB389, s. 40 12Section 40. 440.26 (1) (a) 11. of the statutes is renumbered 440.28 (1) (e) and
13amended to read:
SB389,13,1614 440.28 (1) (e) Receive any fees or compensation for acting as any person,
15engaging in any business or performing any service specified in subds. 1. to 10. pars.
16(a) to (d).
SB389, s. 41 17Section 41. 440.26 (1) (b) of the statutes is renumbered 440.28 (2) and
18amended to read:
SB389,13,2119 440.28 (2) The In addition to the exemptions specified under s. 440.29, the
20department may promulgate rules specifying activities in which a person may
21engage without obtaining a license or permit under this section subchapter.
SB389, s. 42 22Section 42. 440.26 (1m) (intro.) of the statutes is repealed.
SB389, s. 43
1Section 43. 440.26 (1m) (h) of the statutes is renumbered 440.27 (1).
SB389, s. 44 2Section 44. 440.26 (2) (title) of the statutes is repealed.
SB389, s. 45 3Section 45. 440.26 (2) (a) of the statutes is renumbered 440.30 (1), and 440.30
4(1) (a) and (b), as renumbered, are amended to read:
SB389,14,115 440.30 (1) (a) Issue a private detective agency license to an individual,
6partnership, limited liability company or corporation that meets the qualifications
7specified under par. (c) sub. (3). The department may not issue a license under this
8subdivision paragraph unless the individual or each member of the partnership or
9limited liability company or officer or director of the corporation who is actually
10engaged in the work of a private detective is issued a private detective license under
11this section par. (b).
SB389,14,1512 (b) Issue a private detective license to an individual who meets the
13qualifications specified under par. (c) sub. (3) if the individual is an owner, coowner
14or employe of a private detective agency required to be licensed under this section
15par. (a).
SB389, s. 46 16Section 46. 440.26 (2) (b) of the statutes is renumbered 440.30 (2).
SB389, s. 47 17Section 47. 440.26 (2) (c) of the statutes is renumbered 440.30 (3) and
18amended to read:
SB389,14,2419 440.30 (3) Approval Qualifications. (a) Subject to subds. 2. and 3. pars. (b)
20and (c)
, the department shall prescribe, by rule, such the qualifications as it deems
21appropriate, with due regard to
required for a license under this subchapter. In
22promulgating rules under this paragraph, the department shall consider

23investigative experience, special professional education and training and other
24factors bearing on professional competence.
SB389,15,3
1(b) An individual who has been convicted in this state or elsewhere of a felony
2and who has not been pardoned for that felony is not eligible for a license under this
3section subchapter.
SB389,15,54 (c) The department may not issue a license under this section subchapter to an
5individual unless the individual is over 18 years of age.
SB389,15,96 (d) The department, in considering applicants an applicant for a license, shall
7seek the advice of the appropriate local law enforcement agency or governmental
8official, and conduct such further investigation, as it deems proper to determine the
9competence of the applicant.
SB389, s. 48 10Section 48 . 440.26 (3) of the statutes is renumbered 440.30 (4) and amended
11to read:
SB389,15,2512 440.30 (4) Issuance and renewal of licenses; fees. Upon receipt and
13examination of an application executed under sub. (2), and after
After any
14investigation of an applicant for a license that it the department considers necessary,
15the department shall, if it determines that the applicant is qualified satisfies the
16requirements of this section
, grant the proper license upon payment of the fee
17specified in s. 440.05 (1). No license shall be issued for a longer period than 2 years,
18and the license of a private detective shall expire on the renewal date of the license
19of the private detective agency, even if the license of the private detective has not
20been in effect for a full 2 years. Renewals of the original licenses issued under this
21section shall be issued in accordance with renewal forms prescribed by the
22department and shall be accompanied by the fees specified in s. 440.08. The
23department may not renew a license unless the applicant provides evidence that the
24applicant has in force at the time of renewal the bond or liability policy specified in
25this section sub. (3) (e).
SB389, s. 49
1Section 49 . 440.26 (3m) of the statutes is renumbered 440.33 and amended
2to read:
SB389,16,7 3440.33 Rules concerning dangerous weapons. The department shall
4promulgate rules relating to the carrying of dangerous weapons by a person who
5holds a license or permit issued under this section subchapter or who is employed by
6a person licensed under this section. The rules shall meet the minimum
7requirements specified in 15 USC 5902 (b)
subchapter.
Note: Section 49 of this bill deletes a requirement that the department of
regulation and licensing's rules relating to the carrying of dangerous weapons by persons
who are issued private detective licenses and private security permits must meet the
federal law's requirements for armored car company employes. This state does not have
licensing requirements for armored car company employes.
SB389, s. 50 8Section 50 . 440.26 (4) (title) of the statutes is repealed.
SB389, s. 51 9Section 51. 440.26 (4) of the statutes is renumbered 440.30 (3) (e) and
10amended to read:
SB389,16,1711 440.30 (3) (e) No license may be issued under this section subchapter until a
12bond or liability policy, approved by the department, in the amount of $100,000 if the
13applicant for the license is a private detective agency and includes all principals,
14partners, members or corporate officers, or in the amount of $2,000 if the applicant
15is a private detective, has been executed and filed with the department. Such bonds
16or liability policies shall be furnished by an insurer authorized to do a surety
17business in this state in a form approved by the department.
SB389, s. 52 18Section 52. 440.26 (4m) (title) of the statutes is repealed.
SB389, s. 53 19Section 53. 440.26 (4m) (a) of the statutes is renumbered 440.27 (2) and
20amended to read:
SB389,16,2221 440.27 (2) Definition. In this subsection, "violation" "Violation" means a
22violation of any state or local law that is punishable by a forfeiture.
SB389, s. 54
1Section 54. 440.26 (4m) (b) of the statutes is renumbered 440.34 and amended
2to read:
SB389,17,9 3440.34 Reporting requirement violations of law. A person who holds a
4license or permit issued under this section subchapter and who is convicted of a
5felony or misdemeanor, or is found to have committed a violation, in this state or
6elsewhere, shall notify the department in writing of the date, place and nature of the
7conviction or finding within 48 hours after the entry of the judgment of conviction or
8the judgment finding that the person committed the violation. Notice may be made
9by mail and may be proven by showing proof of the date of mailing the notice.
SB389, s. 55 10Section 55 . 440.26 (5) of the statutes is renumbered 440.29 and amended to
11read: ARM
SB389,17,20 12440.29 Exemptions from licensing . (1) The requirement that a person
13acting as a private detective, investigator or special investigator be licensed under
14this section subchapter does not apply to attorneys, law students or law school
15graduates employed by an attorney or persons directly employed by an attorney or
16firm of attorneys whose work as private detective, investigator or special
17investigator is limited to such attorney or firm or to persons directly employed by an
18insurer or a retail credit rating establishment. A person who accepts employment
19with more than one law firm shall be subject to the licensing provisions of this section
20subchapter.
SB389,17,25 21(2) The license requirements of this section subchapter do not apply to any
22person employed directly or indirectly by the state or by a municipality, as defined
23in s. 345.05 (1) (c), or to any employe of a railroad company under s. 192.47, or to any
24employe of a commercial establishment, while the person is acting within the scope
25of his or her employment and whether or not he or she is on the employer's premises.
SB389,18,7
1(3) An employe of any agency that is licensed as a private detective agency
2under this section subchapter and that is doing business in this state as a supplier
3of uniformed private security personnel to patrol exclusively on the private property
4of industrial plants, business establishments, schools, colleges, hospitals, sports
5stadiums, exhibits and similar activities is exempt from the license requirements of
6this section subchapter while engaged in such employment, if all of the following
7apply:
SB389,18,98 (a) The employe obtains a private security permit under this sub. (5m) s.
9440.31
.
SB389,18,1410 (b) The private detective agency furnishes an up-to-date written record of its
11employes to the department. The record shall include the name, residence address,
12date of birth and a physical description of each employe together with a recent
13photograph and 2 fingerprint cards bearing a complete set of fingerprints of each
14employe
.
SB389,18,1715 (c) The private detective agency notifies the department in writing within 5
16days of any change in the information under subd. 2. par. (b) regarding its employes,
17including the termination of employment of any person.
SB389, s. 56 18Section 56 . 440.26 (5m) of the statutes is renumbered 440.31, and 440.31 (1)
19(a) and (c), (2), (3) and (4), as renumbered, are amended to read:
SB389,18,2320 440.31 (1) (a) The individual submits an application for a private security
21permit to the department on a form provided by the department and includes with
22the application a recent photograph and 2 fingerprint cards bearing a complete set
23of his or her fingerprints
.
SB389,19,3
1(c) The individual provides evidence satisfactory to the department that he or
2she is an employe of a private detective agency described in sub. (5) (c) s. 440.29 (3)
3(intro.)
.
SB389,19,7 4(2) The renewal dates for permits issued under this subsection section are
5specified under s. 440.08 (2) (a). Renewal applications shall be submitted to the
6department on a form provided by the department and shall include the renewal fee
7specified in s. 440.08 (2) (a).
SB389,19,11 8(3) A private security permit issued under this subsection section authorizes
9the holder of the permit to engage in private security activities described in sub. (5)
10(c)
s. 440.29 (3) (intro.) for an employer described in sub. (5) (c) s. 440.29 (3) (intro.)
11anywhere in this state.
SB389,19,16 12(4) The department shall maintain a record pertaining to each applicant for a
13permit under this subsection section and each holder of a permit issued under this
14subsection section. The record shall include all information received by the
15department that is relevant to the approval or denial of the application, the issuance
16of the permit and any limitations, suspensions or revocations of the permit.
Note: Sections 55 and 56 of this bill change a requirement in current law that a
private detective agency furnish a photograph and fingerprint cards as part of the written
record of its employes that it submits to the department of regulation and licensing. The
change requires the individual submitting the application for a private security permit
to submit this information to the department.
SB389, s. 57 17Section 57. 440.26 (5r) of the statutes is renumbered 440.32, and 440.32 (1)
18(a), (2) and (3), as renumbered, are amended to read:
SB389,19,2019 440.32 (1) (a) The individual has completed an application and provided
20information required under sub. (5m) (a) s. 440.31 (1).
SB389,20,2 21(2) (a) Except as provided in subd. 2. par. (b), an individual who has been issued
22a temporary private security permit under par. (a) sub. (1) may act as a private

1security person in the same manner as an individual issued a private security permit
2under sub. (5m) s. 440.31.
SB389,20,53 (b) An individual may not carry a dangerous weapon while acting as a private
4security person under a temporary private security permit issued under par. (a) sub.
5(1)
.
SB389,20,7 6(3) (a) Except as provided in subd. 2. par. (b), a temporary private security
7permit issued under par. (a) sub. (1) is valid for 30 days.
SB389,20,128 (b) A temporary private security permit issued under par. (a) sub. (1) shall
9expire on the date that the individual receives written notice from the department
10that a background check of the individual has been completed and that the
11department is granting or denying the individual's application for a private security
12permit, if that date occurs before the end of the period specified in subd. 1 par. (a).
SB389,20,1413 (c) A temporary private security permit issued under par. (a) sub. (1) may not
14be renewed.
SB389, s. 58 15Section 58. 440.26 (6) of the statutes is renumbered 440.35, and 440.35 (1)
16(intro.), (c) and (d), as renumbered, are amended to read:
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