Amendment SSA1-SB597

LRBs0576/2

MDK:kmg&mkd:ks

1995 - 1996 LEGISLATURE

SENATE SUBSTITUTE AMENDMENT 1, To 1995 SENATE BILL 597

March 19, 1996 - Offered by Senator Drzewiecki.

SB597-SSA1,2,3 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), 440.26 (7) (a) and 440.26 (8); 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), 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) 14c. and 14e., 440.08 (2) (a) 41L. and 41p., 440.08 (2) (a) 60L. and 60p., 440.08 (2) (a) 63g., 440.26 (1) (a) 5. to 10., 440.26 (1) (b), 440.26 (1m) (a) to (g), 440.26 (2) (a) 3. to 8., 440.26 (2) (c) 3., 440.26 (3m), 440.26 (4e), 440.26 (4m), 440.26 (4s), 440.26 (5m), 440.26 (6) (a) 4., 440.26 (6) (b), 440.26 (7m) and 440.26 (8) (b) of the statutes; relating to: the regulation of armored transport services, armored transport service persons, locksmith agencies, locksmiths, private alarm contractor agencies and private alarm contractors; 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; granting rule-making authority; and providing a penalty.

The people of the state of Wisconsin, represented in senate and assembly, do enact as follows:

SB597-SSA1, s. 1 Section 1. 111.335 (1) (cg) of the statutes is created to read:

SB597-SSA1,2,9 111.335 (1) (cg) 1. Notwithstanding s. 111.322, it is not employment discrimination 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 during the 10-year period immediately preceding the date of application for the license, permit or renewal and has not been pardoned for that felony.

SB597-SSA1,2,13 2. Notwithstanding s. 111.322, it is not employment discrimination because of conviction record to revoke a license or permit under s. 440.26 (6) (b) if the person holding the license or permit has been convicted of a felony and has not been pardoned for that felony.

SB597-SSA1,2,18 3. Notwithstanding s. 111.322, it is not employment discrimination because of conviction record to refuse to employ a person in a business licensed under s. 440.26 or as an employe specified in s. 440.26 (5) (b) if the person has been convicted of a felony during the 10-year period immediately preceding the refusal to employ the person and has not been pardoned for that felony.

SB597-SSA1, s. 2 Section 2. 111.335 (1) (cm) of the statutes is repealed.

SB597-SSA1, s. 3 Section 3. 114.103 (1) (c) of the statutes is amended to read:

SB597-SSA1,2,22 114.103 (1) (c) "Private security person" has the meaning given in s. 440.26 (1m) (h), but does not include any law enforcement officer.

SB597-SSA1, s. 4 Section 4. 134.59 (title), (1) and (3) of the statutes are repealed.

SB597-SSA1, s. 5 Section 5. 134.59 (2) of the statutes is renumbered 440.26 (4e) (c) and amended to read:

SB597-SSA1,3,7 440.26 (4e) (c) No person engaged in the business of installing burglar alarms private alarm contractor agency, private alarm contractor or employe of a private alarm contractor agency or private alarm contractor may intentionally allow a felon who has not been pardoned to have access to individual burglar alarm system installation records.

SB597-SSA1, s. 6 Section 6. 440.08 (2) (a) 14c. and 14e. of the statutes are created to read:

SB597-SSA1,3,10 440.08 (2) (a) 14c. Armored transport service: September 1 of each even-numbered year; $41.

SB597-SSA1,3,12 14e. Armored transport service person: September 1 of each even-numbered year; $41.

SB597-SSA1, s. 7 Section 7. 440.08 (2) (a) 41L. and 41p. of the statutes are created to read:

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: