Private detectives and private security permits
Under current law, DRL issues private detective and private detective agency
licenses and private security permits to persons who satisfy certain requirements.
With certain exceptions, a person may not act as a private detective, private detective
agency, or private security person without a license or permit. One of the
requirements for a private security permit is that a private detective agency that
employs an applicant for the permit must provide a recent photograph and the
fingerprints of the applicant. Under this bill, the applicant for the permit, rather
than the applicant's employer, must provide a recent photograph and his or her
fingerprints.
Also under current law, DRL is required to promulgate rules relating to the
carrying of dangerous weapons by persons who are issued private detective licenses
and private security permits. The rules must meet minimum requirements under
a federal law regarding the reciprocity of state licenses for certain employees of
armored car companies. Under current law, this state does not have licensing
requirements for such employees. This bill eliminates the requirement that DRL's
rules for private detectives and private security persons meet the federal law's
requirements for armored car company employees.
Outdated references
This bill eliminates outdated references in state law to transitional appraiser
licenses. Under current law, no transitional appraiser license granted by DRL is
valid after January 1, 1996.
Under current law, a person is not allowed to use a title related to audiology or
speech-language pathology, or practice audiology or speech-language pathology,
unless he or she is granted a license by the hearing and speech examining board.
Prior to July 1, 1993, such persons were granted certificates of registration by the
hearing and speech examining board. This bill eliminates all outdated references to
audiology and speech-language pathology certificates of registration.
Hearing instruments
Also under current law, a person may not fit or sell hearing aids unless he or
she is granted a license by the hearing and speech examining board to practice as a
hearing instrument specialist. "Hearing aid" is defined as a device that aids or
compensates for impaired hearing. In addition, certain requirements apply to the
fitting and sale of hearing aids by a person who is licensed by the hearing and speech
examining board. This bill replaces the term "hearing aid" with the term "hearing
instrument," which the bill defines to have the same meaning as "hearing aid" under
current law.
For further information, see the Notes provided by the law revision committee
of the joint legislative council.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
Law revision committee prefatory note: This bill is a remedial legislation
proposal, requested by the department of regulation and licensing and introduced by the
law revision committee under s. 13.83 (1) (c) 4., stats. After careful consideration of the
various provisions of the bill, the law revision committee has determined that this bill
makes minor substantive changes in the statutes, and that these changes are desirable
as a matter of public policy.
SB432, s. 1
1Section
1
. 15.405 (6m) (c) 1. of the statutes is repealed.
SB432, s. 2
2Section
2
. 15.405 (6m) (c) 2. of the statutes is renumbered 15.405 (6m) (cm)
3and amended to read:
SB432,5,2
115.405
(6m) (cm) One audiologist licensed under subch. II of ch. 459.
This
2subdivision applies after June 30, 1993.
SB432, s. 3
3Section
3. 15.405 (6m) (d) 1. of the statutes is repealed.
SB432, s. 4
4Section
4
. 15.405 (6m) (d) 2. of the statutes is renumbered 15.405 (6m) (dm)
5and amended to read:
SB432,5,76
15.405
(6m) (dm) One speech-language pathologist licensed under subch. II
7of ch. 459.
This subdivision applies after June 30, 1993.
SB432, s. 5
8Section
5
. 15.405 (6m) (e) of the statutes is amended to read:
SB432,5,109
15.405
(6m) (e) Two public members. One of the public members shall be a
10hearing
aid instrument user.
SB432, s. 6
11Section
6
. 29.193 (2) (a) 1. of the statutes is amended to read:
SB432,5,1412
29.193
(2) (a) 1. "Accompanied" means being subject to continuous visual or
13voice contact without the aid of any mechanical or electronic amplifying device other
14than a hearing
aid instrument.
SB432, s. 7
15Section
7
. 29.324 (1) (a) of the statutes is amended to read:
SB432,5,1716
29.324
(1) (a) "Contact" means visual or voice contact without the aid of any
17mechanical or electronic amplifying device other than a hearing
aid instrument.
SB432, s. 8
18Section
8
. 49.45 (8) (a) 7. of the statutes is amended to read:
SB432,5,2119
49.45
(8) (a) 7. "Speech-language pathologist"
means an individual engaged
20in the practice of speech-language pathology, as regulated under ch. 459 has the
21meaning given in s. 459.20 (4).
SB432, s. 9
22Section
9
. 77.54 (22) (b) of the statutes is amended to read:
SB432,5,2523
77.54
(22) (b) Artificial limbs, artificial eyes, hearing
aids instruments, and
24other equipment worn as a correction or substitute for any functioning portion of the
25body.
SB432, s. 10
1Section
10
. 102.01 (2) (c) of the statutes is amended to read:
SB432,6,72
102.01
(2) (c) "Injury" means mental or physical harm to an employee caused
3by accident or disease, and also means damage to or destruction of artificial
4members, dental appliances, teeth, hearing
aids instruments, and eyeglasses, but,
5in the case of hearing
aids instruments or eyeglasses, only if such damage or
6destruction resulted from
an accident
which that also caused personal injury
7entitling the employee to compensation
therefor either for disability or treatment.
SB432, s. 11
8Section
11
. 111.335 (1) (cg) 1. of the statutes is amended to read:
SB432,6,129
111.335
(1) (cg) 1. Notwithstanding s. 111.322, it is not employment
10discrimination because of conviction record to deny or refuse to renew a license or
11permit under
s. 440.26 subch. II of ch. 440 to a person who has been convicted of a
12felony and has not been pardoned for that felony.
SB432, s. 12
13Section
12. 111.335 (1) (cg) 2. of the statutes is amended to read:
SB432,6,1714
111.335
(1) (cg) 2. Notwithstanding s. 111.322, it is not employment
15discrimination because of conviction record to revoke a license or permit under s.
16440.26 (6) (b) 440.35 (2) if the person holding the license or permit has been convicted
17of a felony and has not been pardoned for that felony.
SB432, s. 13
18Section
13. 111.335 (1) (cg) 3. of the statutes is amended to read:
SB432,6,2319
111.335
(1) (cg) 3. Notwithstanding s. 111.322, it is not employment
20discrimination because of conviction record to refuse to employ a person in a business
21licensed under
s. 440.26 subch. II of ch. 440 or as an employee specified in s.
440.26
22(5) (b) 440.29 (2) if the person has been convicted of a felony and has not been
23pardoned for that felony.
SB432, s. 14
24Section
14
. 114.103 (1) (c) of the statutes is amended to read:
SB432,7,2
1114.103
(1) (c) "Private security person" has the meaning given in s.
440.26
2(1m) (h) 440.27 (1), but does not include any law enforcement officer.
SB432, s. 15
3Section
15
. 149.14 (3) (k) of the statutes is amended to read:
SB432,7,64
149.14
(3) (k) Rental or purchase, as appropriate, of durable medical
5equipment or disposable medical supplies, other than eyeglasses and hearing
aids 6instruments.
SB432, s. 16
7Section
16
. 149.14 (4) (h) and (i) of the statutes are amended to read:
SB432,7,88
149.14
(4) (h) Eyeglasses and hearing
aids instruments.
SB432,7,109
(i) Routine physical examinations, including routine examinations to
10determine the need for eyeglasses and hearing
aids
instruments.
SB432, s. 17
11Section
17
. 167.31 (4) (a) 4. (intro.) of the statutes is amended to read:
SB432,7,1312
167.31
(4) (a) 4. (intro.) A private security person, as defined in s.
440.26 (1m) 13440.27 (1), who meets all of the following requirements:
SB432, s. 18
14Section
18. 167.31 (4) (a) 4. a. of the statutes is amended to read:
SB432,7,1715
167.31
(4) (a) 4. a. He or she holds either a private detective license
issued
16under s. 440.26 (2) (a) 2. or a private security permit issued under
s. 440.26 (5) subch.
17II of ch. 440.
SB432, s. 19
18Section
19
. 440.03 (7m) of the statutes is amended to read:
SB432,8,319
440.03
(7m) The department may promulgate rules that establish procedures
20for submitting an application for a credential or credential renewal by electronic
21transmission. Any rules promulgated under this subsection shall specify procedures
22for complying with any requirement that a fee be submitted with the application.
23The rules may also waive any requirement in chs. 440 to 480 that an application
24submitted to the department, an examining board
, or an affiliated credentialing
25board be executed, verified, signed, sworn
, or made under oath, notwithstanding ss.
1440.26 (2) (b) 440.30 (2), 440.42 (2) (intro.), 440.91 (2) (intro.), 443.06 (1) (a), 443.10
2(2) (a), 445.04 (2), 445.08 (4), 445.095 (1) (a), 448.05 (7), 450.09 (1) (a), 452.10 (1)
, and
3480.08 (2m).
SB432, s. 20
4Section
20
. 440.04 (8) of the statutes is repealed.
SB432,8,9
7440.05 Standard fees. (intro.) The following standard fees apply to all initial
8credentials, except as provided in ss. 440.42, 440.43, 440.44, 440.51, 444.03, 444.05,
9444.11, 447.04 (2) (c) 2., 449.17,
and 449.18
and 459.46:
SB432,8,1412
440.08
(2) (a) (intro.) Except as provided in par. (b) and in ss. 440.51, 442.04,
13444.03, 444.05, 444.11, 448.065, 447.04 (2) (c) 2., 449.17,
and 449.18
and 459.46, the
14renewal dates and renewal fees for credentials are as follows:
SB432, s. 23
15Section
23
. 440.23 (1) of the statutes is amended to read:
SB432,8,2216
440.23
(1) If the holder of a credential pays a fee required under s. 440.05 (1)
17or (6), 440.08, 444.03, 444.05,
or 444.11
or 459.46 (2) (b) by check or debit or credit
18card
, and the check is not paid by the financial institution upon which the check is
19drawn or if the demand for payment under the debit or credit card transaction is not
20paid by the financial institution upon which demand is made, the department may
21cancel the credential on or after the 60th day after the department receives the notice
22from the financial institution, subject to sub. (2).
SB432, s. 24
23Section
24
. 440.26 (title) of the statutes is repealed.
SB432, s. 25
24Section
25. 440.26 (1) (title) of the statutes is renumbered 440.28 (title).
SB432, s. 26
1Section
26. 440.26 (1) (a) (intro.) of the statutes is renumbered 440.28 (1)
2(intro.) and amended to read:
SB432,9,53
440.28
(1) (intro.)
No Except as provided in s. 440.29 and in rules promulgated
4under sub. (2), no person may do any of the following unless he or she has a license
5or permit issued under this
section subchapter:
SB432, s. 27
6Section
27. 440.26 (1) (a) 1., 2., 3. and 4. of the statutes are renumbered 440.28
7(1) (a), (b), (c) and (d).
SB432, s. 28
8Section
28. 440.26 (1) (a) 11. of the statutes is renumbered 440.28 (1) (e) and
9amended to read:
SB432,9,1210
440.28
(1) (e) Receive any fees or compensation for acting as any person,
11engaging in any business
, or performing any service specified in
subds. 1. to 4. pars.
12(a) to (d).
SB432, s. 29
13Section
29. 440.26 (1) (b) of the statutes is renumbered 440.28 (2) and
14amended to read:
SB432,9,1715
440.28
(2) The In addition to the exemptions specified under s. 440.29, the 16department may promulgate rules specifying activities in which a person may
17engage without obtaining a license or permit under this
section subchapter.
SB432, s. 30
18Section
30. 440.26 (1m) (intro.) of the statutes is repealed.
SB432, s. 31
19Section
31. 440.26 (1m) (h) of the statutes is renumbered 440.27 (1).
SB432, s. 32
20Section
32. 440.26 (2) (title) of the statutes is repealed.
SB432, s. 33
21Section
33. 440.26 (2) (a) of the statutes is renumbered 440.30 (1), and 440.30
22(1) (a) and (b), as renumbered, are amended to read:
SB432,9,2523
440.30
(1) (a) Issue a private detective agency license to an individual,
24partnership, limited liability company
, or corporation that meets the qualifications
25specified under
par. (c) sub. (3). The department may not issue a license under this
1subdivision paragraph unless the individual or each member of the partnership or
2limited liability company or officer or director of the corporation who is actually
3engaged in the work of a private detective is issued a private detective license under
4this section par. (b).
SB432,10,85
(b) Issue a private detective license to an individual who meets the
6qualifications specified under
par. (c) sub. (3) if the individual is an owner, coowner
, 7or employee of a private detective agency required to be licensed under
this section 8par. (a).
SB432, s. 34
9Section
34. 440.26 (2) (b) of the statutes is renumbered 440.30 (2).
SB432, s. 35
10Section
35. 440.26 (2) (c) of the statutes is renumbered 440.30 (3) and
11amended to read:
SB432,10,1712
440.30
(3) Approval
Qualifications. (a) Subject to
subds. 2. and 3. pars. (b)
13and (c), the department shall prescribe, by rule,
such the qualifications
as it deems
14appropriate, with due regard to required for a license under this subchapter. In
15promulgating rules under this paragraph, the department shall consider 16investigative experience, special professional education and training
, and other
17factors bearing on professional competence.
SB432,10,2018
(b) An individual who has been convicted in this state or elsewhere of a felony
19and who has not been pardoned for that felony is not eligible for a license under this
20section subchapter.
SB432,10,2221
(c) The department may not issue a license under this
section subchapter to an
22individual unless the individual is over 18 years of age.
SB432,11,223
(d) The department, in considering
applicants an applicant for
a license, shall
24seek the advice of the appropriate local law enforcement agency or governmental
1official, and conduct such further investigation, as it
deems considers proper to
2determine the competence of the applicant.
SB432, s. 36
3Section
36
. 440.26 (3) of the statutes is renumbered 440.30 (4) and amended
4to read:
SB432,11,185
440.30
(4) Issuance and renewal of licenses; fees. Upon receipt and
6examination of an application executed under sub. (2), and after
After any
7investigation
of an applicant for a license that
it the department considers necessary,
8the department shall, if it determines that the applicant
is qualified satisfies the
9requirements of this section, grant the proper license upon payment of the fee
10specified in s. 440.05 (1). No license shall be issued for a longer period than 2 years,
11and the license of a private detective shall expire on the renewal date of the license
12of the private detective agency, even if the license of the private detective has not
13been in effect for a full 2 years. Renewals of
the original licenses issued under this
14section shall be issued in accordance with renewal forms prescribed by the
15department and shall be accompanied by the fees specified in s. 440.08. The
16department may not renew a license unless the applicant provides evidence that the
17applicant has in force at the time of renewal the bond or liability policy specified in
18this section sub. (3) (e).
SB432, s. 37
19Section
37
. 440.26 (3m) of the statutes is renumbered 440.33 and amended
20to read:
SB432,11,25
21440.33 Rules concerning dangerous weapons. The department shall
22promulgate rules relating to the carrying of dangerous weapons by a person who
23holds a license or permit issued under this
section
subchapter or who is employed by
24a person licensed under this
section. The rules shall meet the minimum
25requirements specified in 15 USC 5902 (b) subchapter.
Note: Section 37 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 employees. This state does not have
licensing requirements for armored car company employees.
SB432, s. 38
1Section
38
. 440.26 (4) (title) of the statutes is repealed.
SB432, s. 39
2Section
39. 440.26 (4) of the statutes is renumbered 440.30 (3) (e) and
3amended to read:
SB432,12,104
440.30
(3) (e) No license may be issued under this
section subchapter until a
5bond or liability policy, approved by the department, in the amount of $100,000 if the
6applicant for the license is a private detective agency and includes all principals,
7partners, members
, or corporate officers, or in the amount of $2,000 if the applicant
8is a private detective, has been executed and filed with the department. Such bonds
9or liability policies shall be furnished by an insurer authorized to do a surety
10business in this state in a form approved by the department.
SB432, s. 40
11Section
40. 440.26 (4m) (title) of the statutes is repealed.
SB432, s. 41
12Section
41. 440.26 (4m) (a) of the statutes is renumbered 440.27 (2) and
13amended to read:
SB432,12,1514
440.27
(2) Definition. In this subsection, "violation" "Violation" means a
15violation of any state or local law that is punishable by a forfeiture.