Amendment SSA1-SB597

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:

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.