LRBs0576/2
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1995 - 1996 LEGISLATURE
SENATE SUBSTITUTE AMENDMENT 1,
To 1995 SENATE BILL 597
March 19, 1996 - Offered by Senator Drzewiecki.
SB597-SSA1,2,3 1An Act to repeal 111.335 (1) (cm), 134.59 (title), (1) and (3) and 440.26 (7) (title);
2to renumber and amend 134.59 (2), 440.26 (1), 440.26 (1m), 440.26 (2) (c),
3440.26 (5), 440.26 (6), 440.26 (7) (a) and 440.26 (8); to amend 114.103 (1) (c),
4subchapter II (title) of chapter 440 [precedes 440.26], 440.26 (2) (a) 1., 440.26
5(2) (a) 2., 440.26 (4), 440.26 (5) (title), 940.34 (2) (c) 1. and 941.237 (1) (em); to
6repeal and recreate
440.26 (2) (a) (intro.); and to create 111.335 (1) (cg),
7440.08 (2) (a) 14c. and 14e., 440.08 (2) (a) 41L. and 41p., 440.08 (2) (a) 60L. and
860p., 440.08 (2) (a) 63g., 440.26 (1) (a) 5. to 10., 440.26 (1) (b), 440.26 (1m) (a)
9to (g), 440.26 (2) (a) 3. to 8., 440.26 (2) (c) 3., 440.26 (3m), 440.26 (4e), 440.26
10(4m), 440.26 (4s), 440.26 (5m), 440.26 (6) (a) 4., 440.26 (6) (b), 440.26 (7m) and
11440.26 (8) (b) of the statutes; relating to: the regulation of armored transport
12services, armored transport service persons, locksmith agencies, locksmiths,
13private alarm contractor agencies and private alarm contractors; the
14requirements that a person must satisfy to be eligible for a private detective
15license, a private detective agency license, a private security permit or a license
16to supply private security personnel; transferring the authority to issue private

1security permits for private security persons from local law enforcement
2authorities to the department of regulation and licensing; granting
3rule-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 4Section 1. 111.335 (1) (cg) of the statutes is created to read:
SB597-SSA1,2,95 111.335 (1) (cg) 1. Notwithstanding s. 111.322, it is not employment
6discrimination because of conviction record to deny or refuse to renew a license or
7permit under s. 440.26 to a person who has been convicted of a felony during the
810-year period immediately preceding the date of application for the license, permit
9or renewal and has not been pardoned for that felony.
SB597-SSA1,2,1310 2. Notwithstanding s. 111.322, it is not employment discrimination because of
11conviction record to revoke a license or permit under s. 440.26 (6) (b) if the person
12holding the license or permit has been convicted of a felony and has not been
13pardoned for that felony.
SB597-SSA1,2,1814 3. Notwithstanding s. 111.322, it is not employment discrimination because of
15conviction record to refuse to employ a person in a business licensed under s. 440.26
16or as an employe specified in s. 440.26 (5) (b) if the person has been convicted of a
17felony during the 10-year period immediately preceding the refusal to employ the
18person and has not been pardoned for that felony.
SB597-SSA1, s. 2 19Section 2. 111.335 (1) (cm) of the statutes is repealed.
SB597-SSA1, s. 3 20Section 3. 114.103 (1) (c) of the statutes is amended to read:
SB597-SSA1,2,2221 114.103 (1) (c) "Private security person" has the meaning given in s. 440.26
22(1m) (h), but does not include any law enforcement officer.
SB597-SSA1, s. 4 23Section 4. 134.59 (title), (1) and (3) of the statutes are repealed.
SB597-SSA1, s. 5
1Section 5. 134.59 (2) of the statutes is renumbered 440.26 (4e) (c) and amended
2to read:
SB597-SSA1,3,73 440.26 (4e) (c) No person engaged in the business of installing burglar alarms
4private alarm contractor agency, private alarm contractor or employe of a private
5alarm contractor agency or private alarm contractor
may intentionally allow a felon
6who has not been pardoned to have access to individual burglar alarm system
7installation records.
SB597-SSA1, s. 6 8Section 6. 440.08 (2) (a) 14c. and 14e. of the statutes are created to read:
SB597-SSA1,3,109 440.08 (2) (a) 14c. Armored transport service: September 1 of each
10even-numbered year; $41.
SB597-SSA1,3,1211 14e. Armored transport service person: September 1 of each even-numbered
12year; $41.
SB597-SSA1, s. 7 13Section 7. 440.08 (2) (a) 41L. and 41p. of the statutes are created to read:
SB597-SSA1,3,1414 440.08 (2) (a) 41L. Locksmith: September 1 of each even-numbered year; $41.
SB597-SSA1,3,1515 41p. Locksmith agency: September 1 of each even-numbered year; $41.
SB597-SSA1, s. 8 16Section 8. 440.08 (2) (a) 60L. and 60p. of the statutes are created to read:
SB597-SSA1,3,1817 440.08 (2) (a) 60L. Private alarm contractor: September 1 of each
18even-numbered year; $41.
SB597-SSA1,3,2019 60p. Private alarm contractor agency: September 1 of each even-numbered
20year; $41.
SB597-SSA1, s. 9 21Section 9. 440.08 (2) (a) 63g. of the statutes is created to read:
SB597-SSA1,3,2322 440.08 (2) (a) 63g. Private security person: September 1 of each
23even-numbered year; $41.
SB597-SSA1, s. 10 24Section 10. Subchapter II (title) of chapter 440 [precedes 440.26] of the
25statutes is amended to read:
SB597-SSA1,4,1
1CHAPTER 440
SB597-SSA1,4,72 SUBCHAPTER II
3 PRIVATE DETECTIVES,
4 private security persons,
5 armored transport service
6 Persons, locksmiths and
7 private alarm contractors
SB597-SSA1, s. 11 8Section 11. 440.26 (1) of the statutes is renumbered 440.26 (1) (a) (intro.) and
9amended to read:
SB597-SSA1,4,1110 440.26 (1) (a) (intro.) No person may advertise do any of the following unless
11he or she has a license or permit issued under this section:
SB597-SSA1,4,13 121. Advertise, solicit or engage in the business of operating a private detective
13agency, or act.
SB597-SSA1,4,15 142. Act as a private detective, investigator, special investigator or private
15security person, or act.
SB597-SSA1,4,16 163. Act as a supplier of private security personnel , or solicit.
SB597-SSA1,4,18 174. Solicit business or perform any other type of service or investigation as a
18private detective or private security person, or receive .
SB597-SSA1,4,23 1911. Receive any fees or compensation for acting as such, without first filing an
20application and the necessary bond or liability policy with the department and being
21issued a license or a permit under this section. No person may be so licensed unless
22the person is over 18 years of age
any person, engaging in any business or performing
23any service specified in subds. 1. to 10
.
SB597-SSA1, s. 12 24Section 12. 440.26 (1) (a) 5. to 10. of the statutes are created to read:
SB597-SSA1,5,2
1440.26 (1) (a) 5. Advertise, solicit or engage in the business of operating an
2armored transport service.
SB597-SSA1,5,33 6. Act as an armored transport service person.
SB597-SSA1,5,44 7. Advertise, solicit or engage in the business of operating a locksmith agency.
SB597-SSA1,5,55 8. Act as a locksmith.
SB597-SSA1,5,76 9. Advertise, solicit or engage in the business of operating a private alarm
7contractor agency.
SB597-SSA1,5,88 10. Act as a private alarm contractor.
SB597-SSA1, s. 13 9Section 13. 440.26 (1) (b) of the statutes is created to read:
SB597-SSA1,5,1110 440.26 (1) (b) The department may promulgate rules specifying activities in
11which a person may engage without obtaining a license or permit under this section.
SB597-SSA1, s. 14 12Section 14. 440.26 (1m) of the statutes is renumbered 440.26 (1m) (intro.) and
13amended to read:
SB597-SSA1,5,1414 440.26 (1m) (title) Definition Definitions. (intro.) In this section, "private:
SB597-SSA1,5,16 15(h) "Private security person" or "private security personnel" means any private
16police, guard or any person who stands watch for security purposes.
SB597-SSA1, s. 15 17Section 15. 440.26 (1m) (a) to (g) of the statutes are created to read:
SB597-SSA1,5,1918 440.26 (1m) (a) "Armored transport service" means an individual, partnership
19or corporation that acts as or employs an armored transport service person.
SB597-SSA1,5,2420 (b) "Armored transport service person" means a person engaged in the business
21of transporting valuables, including currency, documents, papers, maps, negotiable
22instruments, securities, jewelry or works of art, in a manner that provides or that is
23primarily intended or designed to provide a high degree of security to the valuables
24being transported.
SB597-SSA1,6,4
1(c) "Burglar alarm system" means a system, including an electronic access
2system or other electronic security system, that activates an audible, visible or
3remote signal that requires a response and that is designed for the prevention or
4detection of intrusion, entry, theft, vandalism or trespass.
SB597-SSA1,6,75 (d) "Locksmith" means a person engaged in the business of servicing,
6installing, originating first keys, recoding, recombinating, manipulating or
7bypassing any of the following:
SB597-SSA1,6,108 1. A mechanical or electronic security device that is used to control access to
9or exit from premises, motor vehicles, safes, vaults, safe deposit boxes, automatic
10teller machines or other areas to which access is intended to be limited.
SB597-SSA1,6,1211 2. A detection device, including burglar and motor vehicle alarms and closed
12circuit television.
SB597-SSA1,6,1413 (e) "Locksmith agency" means an individual, partnership or corporation that
14acts as or employs a locksmith.
SB597-SSA1,6,2115 (f) "Private alarm contractor" means a person engaged in the business of
16selling, installing, monitoring, maintaining, altering, repairing, replacing, servicing
17or responding to security alarm systems, including burglar alarm systems, that are
18installed at a premises protected on an emergency basis. "Private alarm contractor"
19does not include a person engaged solely in the manufacture or sale of security alarm
20systems at his or her place of business or a person engaged solely in supplying private
21security personnel to patrol a protected premises.
SB597-SSA1,6,2322 (g) "Private alarm contractor agency" means an individual, partnership or
23corporation that acts as or employs a private alarm contractor.
SB597-SSA1, s. 16 24Section 16. 440.26 (2) (a) (intro.) of the statutes is repealed and recreated to
25read:
SB597-SSA1,7,2
1440.26 (2) (a) Types of licenses. (intro.) The department may do any of the
2following:
SB597-SSA1, s. 17 3Section 17. 440.26 (2) (a) 1. of the statutes is amended to read:
SB597-SSA1,7,94 440.26 (2) (a) 1. A Issue a private detective agency license may be issued to
5an individual, partnership, limited liability company or corporation . An that meets
6the qualifications specified under par. (c) if the
individual, the members of a the
7partnership or limited liability company and or the officers or directors of a the
8corporation, having have a private detective agency license, are not required to have
9a private detective license unless actually engaged in the work of a private detective
.
SB597-SSA1, s. 18 10Section 18. 440.26 (2) (a) 2. of the statutes is amended to read:
SB597-SSA1,7,1311 440.26 (2) (a) 2. A Issue a private detective license may only be issued to an
12individual who meets the qualifications specified under par. (c) if the individual is
13an owner, coowner or employe of a licensed private detective agency.
SB597-SSA1, s. 19 14Section 19. 440.26 (2) (a) 3. to 8. of the statutes are created to read:
SB597-SSA1,7,1915 440.26 (2) (a) 3. Issue an armored transport service license to an individual,
16partnership, limited liability company or corporation that meets the qualifications
17specified under par. (c) if the individual, the members of the partnership or limited
18liability company or the officers or directors of the corporation have an armored
19transport service person license.
SB597-SSA1,7,2220 4. Issue an armored transport service person license to an individual who meets
21the qualifications specified under par. (c) if the individual is an owner, coowner or
22employe of a licensed armored transport service.
SB597-SSA1,8,223 5. Issue a locksmith agency license to an individual, partnership, limited
24liability company or corporation that meets the qualifications specified under par. (c)

1if the individual, the members of the partnership or limited liability company or the
2officers or directors of the corporation have a locksmith license.
SB597-SSA1,8,53 6. Issue a locksmith license to an individual who meets the qualifications
4specified under par. (c) if the individual is an owner, coowner or employe of a licensed
5locksmith agency.
SB597-SSA1,8,106 7. Issue a private alarm contractor agency license to an individual,
7partnership, limited liability company or corporation that meets the qualifications
8specified under par. (c) if the individual, the members of the partnership or limited
9liability company or the officers or directors of the corporation have a private alarm
10contractor license.
SB597-SSA1,8,1311 8. Issue a private alarm contractor license to an individual who meets the
12qualifications specified under par. (c) if the individual is an owner, coowner or
13employe of a licensed private alarm contractor agency.
SB597-SSA1, s. 20 14Section 20. 440.26 (2) (c) of the statutes is renumbered 440.26 (2) (c) 1. and
15amended to read:
SB597-SSA1,8,1916 440.26 (2) (c) 1. The Subject to subds. 2. and 3., the department shall prescribe,
17by rule, such qualifications as it deems appropriate, with due regard to investigative
18experience, special professional education and training and other factors bearing on
19professional competence. Subject to ss. 111.321, 111.322 and 111.335, no person
SB597-SSA1,9,2 202. If an individual has been convicted in this state or elsewhere of a felony
21within the 10-year period immediately preceding the date of application for a license
22under this section and has not been pardoned for that felony, the individual
is not
23eligible for a license for 5 years thereafter under this section. Subject to ss. 111.321,
24111.322 and 111.335, if an individual has been convicted in this state or elsewhere
25of a felony prior to the 10-year period immediately preceding the date of application

1for a license under this section and has not been pardoned for that felony, the
2individual is not eligible for a license under this section
.
SB597-SSA1,9,6 34. The department, in considering applicants for license, shall seek the advice
4of the appropriate local law enforcement agency or governmental official, and
5conduct such further investigation, as it deems proper to determine the competence
6of the applicant.
SB597-SSA1, s. 21 7Section 21. 440.26 (2) (c) 3. of the statutes is created to read:
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