LRBs0724/1
MDK:kmg&mkd:km
1995 - 1996 LEGISLATURE
SENATE SUBSTITUTE AMENDMENT 2,
To 1995 SENATE BILL 597
May 8, 1996 - Offered by Joint committee on Finance.
SB597-SSA2,2,4
1An Act to repeal 111.335 (1) (cm), 134.59 (title), (1) and (3) and 440.26 (7) (title);
2to renumber 440.26 (2) (b);
to renumber and amend 134.59 (2), 440.26 (1),
3440.26 (1m), 440.26 (2) (c), 440.26 (5), 440.26 (6), 440.26 (7) (a) and 440.26 (8);
4to amend 114.103 (1) (c), subchapter II (title) of chapter 440 [precedes 440.26],
5440.26 (2) (a) 1., 440.26 (2) (a) 2., 440.26 (3), 440.26 (4), 440.26 (5) (title), 940.34
6(2) (c) 1. and 941.237 (1) (em);
to repeal and recreate 440.26 (2) (a) (intro.);
7and
to create 20.165 (1) (gm), 111.335 (1) (cg), 440.08 (2) (a) 14c. and 14e.,
8440.08 (2) (a) 41L. and 41p., 440.08 (2) (a) 60L. and 60p., 440.08 (2) (a) 63g.,
9440.26 (1) (a) 5. to 10., 440.26 (1) (b), 440.26 (1m) (a) to (g), 440.26 (2) (a) 3. to
108., 440.26 (2) (b) 2., 440.26 (2) (c) 3., 440.26 (3m), 440.26 (4e), 440.26 (4m), 440.26
11(4s), 440.26 (5m) and (5r), 440.26 (6) (a) 4., 440.26 (6) (b), 440.26 (7m) and 440.26
12(8) (b) of the statutes;
relating to: the regulation of armored transport services,
13armored transport service persons, locksmith agencies, locksmiths, private
14alarm contractor agencies and private alarm contractors; the requirements
15that a person must satisfy to be eligible for a private detective license, a private
16detective agency license, a private security permit or a license to supply private
1security personnel; transferring the authority to issue private security permits
2for private security persons from local law enforcement authorities to the
3department of regulation and licensing; granting rule-making authority;
4making an appropriation; and providing a penalty.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
SB597-SSA2, s. 1
5Section
1. 20.165 (1) (gm) of the statutes is created to read:
SB597-SSA2,2,96
20.165
(1) (gm)
Criminal record search fee reimbursement. All moneys received
7from applicants for licenses or permits under subch. II of ch. 440 as reimbursement
8to the department of regulation and licensing for fees or other expenses relating to
9criminal record searches, for the purpose of conducting criminal record searches.
SB597-SSA2, s. 2
10Section
2. 111.335 (1) (cg) of the statutes is created to read:
SB597-SSA2,2,1411
111.335
(1) (cg) 1. Notwithstanding s. 111.322, it is not employment
12discrimination because of conviction record to deny or refuse to renew a license or
13permit under s. 440.26 to a person who has been convicted of a felony and has not
14been pardoned for that felony.
SB597-SSA2,2,1815
2. Notwithstanding s. 111.322, it is not employment discrimination because of
16conviction record to revoke a license or permit under s. 440.26 (6) (b) if the person
17holding the license or permit has been convicted of a felony and has not been
18pardoned for that felony.
SB597-SSA2,2,2219
3. Notwithstanding s. 111.322, it is not employment discrimination because of
20conviction record to refuse to employ a person in a business licensed under s. 440.26
21or as an employe specified in s. 440.26 (5) (b) if the person has been convicted of a
22felony and has not been pardoned for that felony.
SB597-SSA2, s. 4
1Section
4. 114.103 (1) (c) of the statutes is amended to read:
SB597-SSA2,3,32
114.103
(1) (c) "Private security person" has the meaning given in s. 440.26
3(1m)
(h), but does not include any law enforcement officer.
SB597-SSA2, s. 5
4Section
5. 134.59 (title), (1) and (3) of the statutes are repealed.
SB597-SSA2, s. 6
5Section
6. 134.59 (2) of the statutes is renumbered 440.26 (4e) (c) and amended
6to read:
SB597-SSA2,3,117
440.26
(4e) (c) No
person engaged in the business of installing burglar alarms 8private alarm contractor agency, private alarm contractor or employe of a private
9alarm contractor agency or private alarm contractor may intentionally allow a felon
10who has not been pardoned to have access to individual
burglar alarm
system 11installation records.
SB597-SSA2, s. 7
12Section
7. 440.08 (2) (a) 14c. and 14e. of the statutes are created to read:
SB597-SSA2,3,1413
440.08
(2) (a) 14c. Armored transport service: September 1 of each
14even-numbered year; $41.
SB597-SSA2,3,1615
14e. Armored transport service person: September 1 of each even-numbered
16year; $41.
SB597-SSA2, s. 8
17Section
8. 440.08 (2) (a) 41L. and 41p. of the statutes are created to read:
SB597-SSA2,3,1818
440.08
(2) (a) 41L. Locksmith: September 1 of each even-numbered year; $41.
SB597-SSA2,3,1919
41p. Locksmith agency: September 1 of each even-numbered year; $41.
SB597-SSA2, s. 9
20Section
9. 440.08 (2) (a) 60L. and 60p. of the statutes are created to read:
SB597-SSA2,3,2221
440.08
(2) (a) 60L. Private alarm contractor: September 1 of each
22even-numbered year; $41.
SB597-SSA2,3,2423
60p. Private alarm contractor agency: September 1 of each even-numbered
24year; $41.
SB597-SSA2, s. 10
25Section
10. 440.08 (2) (a) 63g. of the statutes is created to read:
SB597-SSA2,4,2
1440.08
(2) (a) 63g. Private security person: September 1 of each
2even-numbered year; $41.
SB597-SSA2, s. 11
3Section
11. Subchapter II (title) of chapter 440 [precedes 440.26] of the
4statutes is amended to read:
SB597-SSA2,4,116
SUBCHAPTER II
7
PRIVATE DETECTIVES
,
8
private security persons,
9
armored transport service
10
Persons, locksmiths and
11
private alarm contractors
SB597-SSA2, s. 12
12Section
12. 440.26 (1) of the statutes is renumbered 440.26 (1) (a) (intro.) and
13amended to read:
SB597-SSA2,4,1514
440.26
(1) (a) (intro.)
No person may
advertise do any of the following unless
15he or she has a license or permit issued under this section:
SB597-SSA2,4,17
161. Advertise, solicit or engage in the business of operating a private detective
17agency
, or act.
SB597-SSA2,4,19
182. Act as a private detective, investigator, special investigator or private
19security person
, or act.
SB597-SSA2,4,20
203. Act as a supplier of private security personnel
, or solicit.
SB597-SSA2,4,22
214. Solicit business or perform any other type of service or investigation as a
22private detective or private security person
, or receive
.
SB597-SSA2,5,2
2311. Receive any fees or compensation for acting as
such, without first filing an
24application and the necessary bond or liability policy with the department and being
25issued a license or a permit under this section. No person may be so licensed unless
1the person is over 18 years of age any person, engaging in any business or performing
2any service specified in subds. 1. to 10.
SB597-SSA2, s. 13
3Section
13. 440.26 (1) (a) 5. to 10. of the statutes are created to read:
SB597-SSA2,5,54
440.26
(1) (a) 5. Advertise, solicit or engage in the business of operating an
5armored transport service.
SB597-SSA2,5,66
6. Act as an armored transport service person.
SB597-SSA2,5,77
7. Advertise, solicit or engage in the business of operating a locksmith agency.
SB597-SSA2,5,88
8. Act as a locksmith.
SB597-SSA2,5,109
9. Advertise, solicit or engage in the business of operating a private alarm
10contractor agency.
SB597-SSA2,5,1111
10. Act as a private alarm contractor.
SB597-SSA2,5,1413
440.26
(1) (b) The department may promulgate rules specifying activities in
14which a person may engage without obtaining a license or permit under this section.
SB597-SSA2, s. 15
15Section
15. 440.26 (1m) of the statutes is renumbered 440.26 (1m) (intro.) and
16amended to read:
SB597-SSA2,5,1717
440.26
(1m) (title)
Definition Definitions. (intro.) In this section
, "private:
