Wisconsin Legislature: 461,36

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.

(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:

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

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.

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.

461,33 Section 33 . 440.26 (5m) and (5r) of the statutes are created to read:

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

1. The individual submits an application for a private security permit to the department on a form provided by the department. The department may require that an individual provide any information which the department determines is reasonably necessary to determine whether the individual meets the requirements of this section and rules promulgated under this section or to establish the truth of the facts set forth in the application. The department may also require under this subdivision that an applicant complete forms provided by the department of justice and the federal bureau of investigation.

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.

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).

4. The individual pays to the department the fee specified in s. 440.05 (1) and the costs, including the costs of record searches, incurred by the department in obtaining information related to the eligibility and qualifications of the individual.

(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).

(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.

(d) The department shall maintain a record pertaining to each applicant for a permit under this subsection and each holder of a permit issued under this subsection. The record shall include all information received by the department 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.

(5r) Temporary private security permit. (a) The department shall issue a temporary private security permit to an individual at the request of the individual if all of the following apply:

1. The individual has completed an application and provided information required under sub. (5m) (a).

2. The department is not yet able to grant or deny the individual's application because a background check of the individual is not complete.

(b) 1. Except as provided in subd. 2., an individual who has been issued a temporary private security permit under par. (a) may act as a private security person in the same manner as an individual issued a private security permit under sub. (5m).

2. An individual may not carry a dangerous weapon while acting as a private security person under a temporary private security permit issued under par. (a).

2. A temporary private security permit issued under par. (a) shall expire on the date that the individual receives written notice from the department that a background check of the individual has been completed and that the department is granting or denying the individual's application for a private security permit, if that date occurs before the end of the period specified in subd. 1.

3. A temporary private security permit issued under par. (a) may not be renewed.

461,34 Section 34 . 440.26 (6) of the statutes is renumbered 440.26 (6) (a) (intro.) and amended to read:

440.26 (6) (a) (intro.) Subject to the rules adopted under s. 440.03 (1), the department 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:

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.

2. Engaged in conduct reflecting adversely on his or her professional qualification, or has made.

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

461,35 Section 35 . 440.26 (6) (a) 4. of the statutes is created to read:

440.26 (6) (a) 4. Violated this section or any rule promulgated or order issued under this section.

461,36 Section 36 . 440.26 (6) (b) of the statutes is created to read:

440.26 (6) (b) Subject to the rules promulgated under s. 440.03 (1), the department shall revoke the license or permit of any person who has been convicted of a felony in this state or elsewhere and who has not been pardoned for that felony. A person whose license or permit is revoked under this paragraph is eligible to apply for a license or permit under this section 10 years after the date of conviction for the felony.

461,37 Section 37 . 440.26 (7) (title) of the statutes is repealed.

461,38 Section 38 . 440.26 (7) (a) of the statutes is renumbered 440.26 (5) (a) and amended to read:

440.26 (5) (a) “Private detective" does not include The requirement that a person acting as a private detective, investigator or special investigator be licensed under this section does not apply to attorneys, law students or law school graduates employed by an attorney or persons directly employed by an attorney or firm of attorneys whose work as private detective, investigator or special investigator is limited to such attorney or firm or to persons directly employed by an insurer or a retail credit rating establishment. A person who accepts employment with more than one law firm shall be subject to the licensing provisions of this section.

461,39 Section 39. 440.26 (7m) of the statutes is created to read:

440.26 (7m) Identification card. (a) The department shall issue an identification card to every individual who is issued a license or permit under this subchapter.

(b) An identification card issued under par. (a) shall contain all of the following:

1. The individual's name.

2. Identification information of the individual, including height, weight and hair and eye color.

3. A recent photograph of the individual.

4. The signature of the individual.

5. The name and license number of the private detective agency, armored transport service, locksmith agency or private alarm contractor agency employing the individual, if applicable.

6. The number of the identification card.

(c) An individual who terminates his or her employment with a private detective agency, armored transport service, locksmith agency or private alarm contractor agency shall notify the department and return his or her identification card to the department.

(d) The department may charge a fee for issuing or reissuing an identification card under this subsection.

(e) The department may promulgate any rules necessary to administer this subsection.

461,40 Section 40. 440.26 (8) of the statutes is renumbered 440.26 (8) (a) and amended to read:

440.26 (8) (a) Any person, acting as a private alarm contractor, locksmith, armored transport service person, private detective, investigator or private security person, or who employs any person who solicits, advertises or performs services in this state as a private alarm contractor, locksmith, armored transport service person, private detective or private security person, or investigator or special investigator, without having procured the license or permit required by this section, may be fined not less than $100 nor more than $500 or imprisoned not less than 3 months nor more than 6 months or both. Any agency or service having an employe, owner, officer or agent convicted of the above offense may have its agency or service license revoked or suspended by the department. Any person convicted of the above offense shall be ineligible for a license for one year.

461,41 Section 41. 440.26 (8) (b) of the statutes is created to read:

440.26 (8) (b) Any person who violates sub. (4s) may be required to forfeit not less than $100 nor more than $500 or imprisoned for not less than 3 months nor more than 6 months or both.

461,42 Section 42 . 940.34 (2) (c) 1. of the statutes is amended to read:

940.34 (2) (c) 1. In this paragraph, “unlicensed private security person" means a private security person, as defined in s. 440.26 (1m) (h), who is exempt from the permit and licensure requirements of s. 440.26.

461,43 Section 43 . 941.237 (1) (em) of the statutes is amended to read:

941.237 (1) (em) “Private security person" has the meaning given in s. 440.26 (1m) (h).

461,44 Section 44 . Nonstatutory provisions.

(1) No later than the first day of the 2nd month beginning after the effective date of this subsection, the chiefs of police or other designated officials who issued private security permits under section 440.26 (5) of the statutes shall transfer to the department of regulation and licensing copies of all records pertaining to private security permits. Permits issued by chiefs of police or other designated officials prior to the effective date of this subsection shall be treated as if they were issued by the department of regulation and licensing under section 440.26 (5m) of the statutes, as created by this act, on the effective date of this subsection. Any permit denial or revocation proceeding pending on the effective date of this subsection is transferred to the department of regulation and licensing on the effective date of this subsection.

461,45 Section 45 . Initial applicability.

(1) The treatment of section 440.26 (2) (a) 1. and 2. and (c), (5) and (5m) of the statutes first applies to applications for an initial license or permit under section 440.26 of the statutes, as affected by this act, that are submitted on the effective date of this subsection.

(2) The treatment of section 440.26 (4e) of the statutes first applies to a person who is offered employment or management authority on the effective date of this subsection.

(3) The treatment of section 440.26 (4m) of the statutes first applies to judgments of conviction or judgments finding that a person committed a violation that are entered on the effective date of this subsection.

(4) The treatment of section 440.26 (6) (b) of the statutes first applies to a person holding a license or permit under section 440.26 of the statutes who is convicted of a felony on the effective date of this subsection.

461,46 Section 46 . Effective date.

(1) This act takes effect on July 1, 1997.