Amendment SSA1-SB597

SB597-SSA1,3,14 440.08 (2) (a) 41L. Locksmith: September 1 of each even-numbered year; $41.

SB597-SSA1,3,15 41p. Locksmith agency: September 1 of each even-numbered year; $41.

SB597-SSA1, s. 8 Section 8. 440.08 (2) (a) 60L. and 60p. of the statutes are created to read:

SB597-SSA1,3,18 440.08 (2) (a) 60L. Private alarm contractor: September 1 of each even-numbered year; $41.

SB597-SSA1,3,20 60p. Private alarm contractor agency: September 1 of each even-numbered year; $41.

SB597-SSA1, s. 9 Section 9. 440.08 (2) (a) 63g. of the statutes is created to read:

SB597-SSA1,3,23 440.08 (2) (a) 63g. Private security person: September 1 of each even-numbered year; $41.

SB597-SSA1, s. 10 Section 10. Subchapter II (title) of chapter 440 [precedes 440.26] of the statutes is amended to read:

SB597-SSA1,4,1 CHAPTER 440

SB597-SSA1,4,7 SUBCHAPTER II PRIVATE DETECTIVES, private security persons, armored transport service Persons, locksmiths and private alarm contractors

SB597-SSA1, s. 11 Section 11. 440.26 (1) of the statutes is renumbered 440.26 (1) (a) (intro.) and amended to read:

SB597-SSA1,4,11 440.26 (1) (a) (intro.) No person may advertise do any of the following unless he or she has a license or permit issued under this section:

SB597-SSA1,4,13 1. Advertise, solicit or engage in the business of operating a private detective agency, or act.

SB597-SSA1,4,15 2. Act as a private detective, investigator, special investigator or private security person, or act.

SB597-SSA1,4,16 3. Act as a supplier of private security personnel , or solicit.

SB597-SSA1,4,18 4. Solicit business or perform any other type of service or investigation as a private detective or private security person, or receive .

SB597-SSA1,4,23 11. 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 subds. 1. to 10.

SB597-SSA1, s. 12 Section 12. 440.26 (1) (a) 5. to 10. of the statutes are created to read:

SB597-SSA1,5,2 440.26 (1) (a) 5. Advertise, solicit or engage in the business of operating an armored transport service.

SB597-SSA1,5,3 6. Act as an armored transport service person.

SB597-SSA1,5,4 7. Advertise, solicit or engage in the business of operating a locksmith agency.

SB597-SSA1,5,5 8. Act as a locksmith.

SB597-SSA1,5,7 9. Advertise, solicit or engage in the business of operating a private alarm contractor agency.

SB597-SSA1,5,8 10. Act as a private alarm contractor.

SB597-SSA1, s. 13 Section 13. 440.26 (1) (b) of the statutes is created to read:

SB597-SSA1,5,11 440.26 (1) (b) The department may promulgate rules specifying activities in which a person may engage without obtaining a license or permit under this section.

SB597-SSA1, s. 14 Section 14. 440.26 (1m) of the statutes is renumbered 440.26 (1m) (intro.) and amended to read:

SB597-SSA1,5,14 440.26 (1m) (title) Definition Definitions. (intro.) In this section, "private:

SB597-SSA1,5,16 (h) "Private security person" or "private security personnel" means any private police, guard or any person who stands watch for security purposes.

SB597-SSA1, s. 15 Section 15. 440.26 (1m) (a) to (g) of the statutes are created to read:

SB597-SSA1,5,19 440.26 (1m) (a) "Armored transport service" means an individual, partnership or corporation that acts as or employs an armored transport service person.

SB597-SSA1,5,24 (b) "Armored transport service person" 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-SSA1,6,4 (c) "Burglar alarm system" means a system, including an electronic access system 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-SSA1,6,7 (d) "Locksmith" means a person engaged in the business of servicing, installing, originating first keys, recoding, recombinating, manipulating or bypassing any of the following:

SB597-SSA1,6,10 1. A mechanical or electronic security device that is used to control access to or exit from premises, motor vehicles, safes, vaults, safe deposit boxes, automatic teller machines or other areas to which access is intended to be limited.

SB597-SSA1,6,12 2. A detection device, including burglar and motor vehicle alarms and closed circuit television.

SB597-SSA1,6,14 (e) "Locksmith agency" means an individual, partnership or corporation that acts as or employs a locksmith.

SB597-SSA1,6,21 (f) "Private alarm contractor" means a person engaged in the business of selling, 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-SSA1,6,23 (g) "Private alarm contractor agency" means an individual, partnership or corporation that acts as or employs a private alarm contractor.

SB597-SSA1, s. 16 Section 16. 440.26 (2) (a) (intro.) of the statutes is repealed and recreated to read:

SB597-SSA1,7,2 440.26 (2) (a) Types of licenses. (intro.) The department may do any of the following:

SB597-SSA1, s. 17 Section 17. 440.26 (2) (a) 1. of the statutes is amended to read:

SB597-SSA1,7,9 440.26 (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 partnership or limited liability company and or the officers or directors of a the corporation, having have a private detective agency license, are not required to have a private detective license unless actually engaged in the work of a private detective.

SB597-SSA1, s. 18 Section 18. 440.26 (2) (a) 2. of the statutes is amended to read:

SB597-SSA1,7,13 440.26 (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-SSA1, s. 19 Section 19. 440.26 (2) (a) 3. to 8. of the statutes are created to read:

SB597-SSA1,7,19 440.26 (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) if the individual, the members of the partnership or limited liability company or the officers or directors of the corporation have an armored transport service person license.

SB597-SSA1,7,22 4. Issue an armored transport service person license to an individual who meets the qualifications specified under par. (c) if the individual is an owner, coowner or employe of a licensed armored transport service.

SB597-SSA1,8,2 5. Issue a locksmith agency license to an individual, partnership, limited liability company or corporation that meets the qualifications specified under par. (c) if the individual, the members of the partnership or limited liability company or the officers or directors of the corporation have a locksmith license.

SB597-SSA1,8,5 6. Issue a locksmith license to an individual who meets the qualifications specified under par. (c) if the individual is an owner, coowner or employe of a licensed locksmith agency.

SB597-SSA1,8,10 7. Issue a private alarm contractor agency license to an individual, partnership, limited liability company or corporation that meets the qualifications specified under par. (c) if the individual, the members of the partnership or limited liability company or the officers or directors of the corporation have a private alarm contractor license.

SB597-SSA1,8,13 8. Issue a private alarm contractor license to an individual who meets the qualifications specified under par. (c) if the individual is an owner, coowner or employe of a licensed private alarm contractor agency.

SB597-SSA1, s. 20 Section 20. 440.26 (2) (c) of the statutes is renumbered 440.26 (2) (c) 1. and amended to read:

SB597-SSA1,8,19 440.26 (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-SSA1,9,2 2. If an individual has been convicted in this state or elsewhere of a felony within the 10-year period immediately preceding the date of application for a license under this section and has not been pardoned for that felony, the individual is not eligible for a license for 5 years thereafter under this section. Subject to ss. 111.321, 111.322 and 111.335, if an individual has been convicted in this state or elsewhere of a felony prior to the 10-year period immediately preceding the date of application for a license under this section and has not been pardoned for that felony, the individual is not eligible for a license under this section.

SB597-SSA1,9,6 4. The department, in considering applicants for license, shall seek the advice of the appropriate local law enforcement agency or governmental official, and conduct such further investigation, as it deems proper to determine the competence of the applicant.

SB597-SSA1, s. 21 Section 21. 440.26 (2) (c) 3. of the statutes is created to read:

SB597-SSA1,9,9 440.26 (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-SSA1, s. 22 Section 22. 440.26 (3m) of the statutes is created to read:

SB597-SSA1,9,15 440.26 (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 specified in 15 USC 5902 (b).

SB597-SSA1, s. 23 Section 23. 440.26 (4) of the statutes is amended to read:

SB597-SSA1,9,24 440.26 (4) Bonds or liability policies required. No license may be issued under 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 agency or a private alarm contractor agency and includes all principals, partners, members or corporate officers, or in the amount of $2,000 if the applicant is a private detective, an armored transport service person, a locksmith or a private alarm contractor, has been executed and filed with the department. Such bonds or liability policies shall be furnished by an insurer authorized to do a surety business in this state in a form approved by the department.

SB597-SSA1, s. 24 Section 24. 440.26 (4e) of the statutes is created to read:

SB597-SSA1,10,7 440.26 (4e) 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 within the preceding 10 years and who has not been pardoned for that felony.

SB597-SSA1,10,11 (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 within the preceding 10 years and who has not been pardoned for that felony.

SB597-SSA1,10,14 (b) No person may employ another person as an employe specified in sub. (5) (b) if the other person has been convicted in this state or elsewhere of a felony within the preceding 10 years and has not been pardoned for that felony.

SB597-SSA1, s. 25 Section 25. 440.26 (4m) of the statutes is created to read:

SB597-SSA1,10,18 440.26 (4m) Reporting violations of law. (a) Definition. In this subsection, "violation" means a violation of any state or local law that is punishable by a forfeiture.

SB597-SSA1,11,2 (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 committed a violation, in this state or elsewhere, 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 conviction or the judgment finding that the person committed the violation. The written notice 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 committed the violation.

SB597-SSA1, s. 26 Section 26. 440.26 (4s) of the statutes is created to read:

SB597-SSA1,11,8 440.26 (4s) Locksmith tools and equipment. (a) No person may own or possess, or attempt to own or possess, locksmithing tools specifically designed to compromise or bypass locks, safe-opening tools or code books unless he or she is licensed as a locksmith under this section or is exempt from the locksmith license requirement under rules promulgated by the department under sub. (1) (b).

SB597-SSA1,11,13 (b) This subsection does not apply to tools designed exclusively to open motor vehicle locks and that are owned or possessed by a towing service, a motor club or a person authorized to repossess motor vehicles or, if he or she is acting within the scope of his or her employment, by an employe of a towing service, motor club or person authorized to repossess motor vehicles.

SB597-SSA1, s. 27 Section 27. 440.26 (5) (title) of the statutes is amended to read:

SB597-SSA1,11,15 440.26 (5) (title) Exemptions; private security permit.

SB597-SSA1, s. 28 Section 28. 440.26 (5) of the statutes is renumbered 440.26 (5) (b) and amended to read:

SB597-SSA1,11,24 440.26 (5) (b) This Subject to sub. (4e) (b), the license requirements of this section 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 company 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-SSA1,12,7 (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 uniformed private security personnel to patrol exclusively on the private property of industrial plants, business establishments, schools, colleges, hospitals, sports stadiums, exhibits and similar activities are is exempt from the license requirements of this section while engaged in such employment, if the person all of the following apply:

SB597-SSA1,12,8 1. The employe obtains a private security permit under this section sub. (5m).

SB597-SSA1,12,17 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 private security permit who has been convicted in this state or elsewhere of a felony within 5 years preceding application.

SB597-SSA1,13,2 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 residence 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 revoked 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. regarding its employes, including the termination of employment of any person.

SB597-SSA1, s. 29 Section 29. 440.26 (5m) of the statutes is created to read:

SB597-SSA1,13,5 440.26 (5m) Private security permit. (a) The department shall issue a private security permit to an individual if all of the following apply:

SB597-SSA1,13,7 1. The individual submits an application for a private security permit to the department on a form provided by the department.

SB597-SSA1,13,10 2. Except as provided in par. (am) and subject to ss. 111.321, 111.322 and 111.335, 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-SSA1,13,12 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-SSA1,13,13 4. The individual pays to the department the fee specified in s. 440.05 (1).

SB597-SSA1,13,17 (am) No private security permit may be issued under this subsection to an individual who has been convicted in this state or elsewhere of a felony within the 10-year period immediately preceding the date of application for a permit under subd. 1., unless he or she has been pardoned for that felony.

SB597-SSA1,13,21 (b) The renewal dates for permits issued under this subsection are specified under s. 440.08 (2) (a). Renewal applications shall be submitted to the department on a form provided by the department and shall include the renewal fee specified in s. 440.08 (2) (a).

SB597-SSA1,13,24 (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.