Amendment SSA2-SB597

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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 An Act to repeal 111.335 (1) (cm), 134.59 (title), (1) and (3) and 440.26 (7) (title); to renumber 440.26 (2) (b); 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 (3), 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 20.165 (1) (gm), 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) (b) 2., 440.26 (2) (c) 3., 440.26 (3m), 440.26 (4e), 440.26 (4m), 440.26 (4s), 440.26 (5m) and (5r), 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; making 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 Section 1. 20.165 (1) (gm) of the statutes is created to read:

SB597-SSA2,2,9 20.165 (1) (gm) Criminal record search fee reimbursement. All moneys received from applicants for licenses or permits under subch. II of ch. 440 as reimbursement to the department of regulation and licensing for fees or other expenses relating to criminal record searches, for the purpose of conducting criminal record searches.

SB597-SSA2, s. 2 Section 2. 111.335 (1) (cg) of the statutes is created to read:

SB597-SSA2,2,14 111.335 (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 and has not been pardoned for that felony.

SB597-SSA2,2,18 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-SSA2,2,22 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 and has not been pardoned for that felony.

SB597-SSA2, s. 3 Section 3. 111.335 (1) (cm) of the statutes is repealed.

SB597-SSA2, s. 4 Section 4. 114.103 (1) (c) of the statutes is amended to read:

SB597-SSA2,3,3 114.103 (1) (c) "Private security person" has the meaning given in s. 440.26 (1m) (h), but does not include any law enforcement officer.

SB597-SSA2, s. 5 Section 5. 134.59 (title), (1) and (3) of the statutes are repealed.

SB597-SSA2, s. 6 Section 6. 134.59 (2) of the statutes is renumbered 440.26 (4e) (c) and amended to read:

SB597-SSA2,3,11 440.26 (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-SSA2, s. 7 Section 7. 440.08 (2) (a) 14c. and 14e. of the statutes are created to read:

SB597-SSA2,3,14 440.08 (2) (a) 14c. Armored transport service: September 1 of each even-numbered year; $41.

SB597-SSA2,3,16 14e. Armored transport service person: September 1 of each even-numbered year; $41.

SB597-SSA2, s. 8 Section 8. 440.08 (2) (a) 41L. and 41p. of the statutes are created to read:

SB597-SSA2,3,18 440.08 (2) (a) 41L. Locksmith: September 1 of each even-numbered year; $41.

SB597-SSA2,3,19 41p. Locksmith agency: September 1 of each even-numbered year; $41.

SB597-SSA2, s. 9 Section 9. 440.08 (2) (a) 60L. and 60p. of the statutes are created to read:

SB597-SSA2,3,22 440.08 (2) (a) 60L. Private alarm contractor: September 1 of each even-numbered year; $41.

SB597-SSA2,3,24 60p. Private alarm contractor agency: September 1 of each even-numbered year; $41.

SB597-SSA2, s. 10 Section 10. 440.08 (2) (a) 63g. of the statutes is created to read:

SB597-SSA2,4,2 440.08 (2) (a) 63g. Private security person: September 1 of each even-numbered year; $41.

SB597-SSA2, s. 11 Section 11. Subchapter II (title) of chapter 440 [precedes 440.26] of the statutes is amended to read:

SB597-SSA2,4,5 CHAPTER 440

SB597-SSA2,4,11 SUBCHAPTER II PRIVATE DETECTIVES, private security persons, armored transport service Persons, locksmiths and private alarm contractors

SB597-SSA2, s. 12 Section 12. 440.26 (1) of the statutes is renumbered 440.26 (1) (a) (intro.) and amended to read:

SB597-SSA2,4,15 440.26 (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-SSA2,4,17 1. Advertise, solicit or engage in the business of operating a private detective agency, or act.

SB597-SSA2,4,19 2. Act as a private detective, investigator, special investigator or private security person, or act.

SB597-SSA2,4,20 3. Act as a supplier of private security personnel , or solicit.

SB597-SSA2,4,22 4. Solicit business or perform any other type of service or investigation as a private detective or private security person, or receive .

SB597-SSA2,5,2 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-SSA2, s. 13 Section 13. 440.26 (1) (a) 5. to 10. of the statutes are created to read:

SB597-SSA2,5,5 440.26 (1) (a) 5. Advertise, solicit or engage in the business of operating an armored transport service.

SB597-SSA2,5,6 6. Act as an armored transport service person.

SB597-SSA2,5,7 7. Advertise, solicit or engage in the business of operating a locksmith agency.

SB597-SSA2,5,8 8. Act as a locksmith.

SB597-SSA2,5,10 9. Advertise, solicit or engage in the business of operating a private alarm contractor agency.

SB597-SSA2,5,11 10. Act as a private alarm contractor.

SB597-SSA2, s. 14 Section 14. 440.26 (1) (b) of the statutes is created to read:

SB597-SSA2,5,14 440.26 (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-SSA2, s. 15 Section 15. 440.26 (1m) of the statutes is renumbered 440.26 (1m) (intro.) and amended to read:

SB597-SSA2,5,17 440.26 (1m) (title) Definition Definitions. (intro.) In this section, "private:

SB597-SSA2,5,19 (h) "Private security person" or "private security personnel" means any private police, guard or any person who stands watch for security purposes.

SB597-SSA2, s. 16 Section 16. 440.26 (1m) (a) to (g) of the statutes are created to read:

SB597-SSA2,5,23 440.26 (1m) (a) "Armored transport service" means an individual, partnership, limited liability company or corporation that acts as or employs an armored transport service person.

SB597-SSA2,6,3 (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-SSA2,6,7 (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-SSA2,6,10 (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-SSA2,6,13 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-SSA2,6,15 2. A detection device, including burglar and motor vehicle alarms and closed circuit television.

SB597-SSA2,6,17 (e) "Locksmith agency" means an individual, partnership, limited liability company or corporation that acts as or employs a locksmith.

SB597-SSA2,6,24 (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-SSA2,7,3 (g) "Private alarm contractor agency" means an individual, partnership, limited liability company or corporation that acts as or employs a private alarm contractor.

SB597-SSA2, s. 17 Section 17. 440.26 (2) (a) (intro.) of the statutes is repealed and recreated to read:

SB597-SSA2,7,7 440.26 (2) (a) Types of licenses. (intro.) The department may do any of the following:

SB597-SSA2, s. 18 Section 18. 440.26 (2) (a) 1. of the statutes is amended to read:

SB597-SSA2,7,16 440.26 (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). The department may not issue a license under this subdivision unless the individual, the members or each member of a the partnership or limited liability company and the officers or officer or directors director of a the corporation, having a private detective agency license, are not required to have a private detective license unless who is actually engaged in the work of a private detective is issued a private detective license under this section.

SB597-SSA2, s. 19 Section 19. 440.26 (2) (a) 2. of the statutes is amended to read:

SB597-SSA2,7,21 440.26 (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 required to be licensed under this section.

SB597-SSA2, s. 20 Section 20. 440.26 (2) (a) 3. to 8. of the statutes are created to read:

SB597-SSA2,8,4 440.26 (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). The department may not issue a license under this subdivision unless the individual or each member of the partnership or limited liability company or officer or director of the corporation who is actually engaged in the work of an armored transport service person is issued an armored transport service person license under this section.

SB597-SSA2,8,7 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 an armored transport service required to be licensed under this section.

SB597-SSA2,8,13 5. Issue a locksmith agency license to an individual, partnership, limited liability company or corporation that meets the qualifications specified under par. (c). The department may not issue a license under this subdivision unless the individual or each member of the partnership or limited liability company or officer or director of the corporation who is actually engaged in the work of a locksmith is issued a locksmith license under this section.

SB597-SSA2,8,16 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 locksmith agency required to be licensed under this section.

SB597-SSA2,8,23 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). The department may not issue a license under this subdivision unless the individual or each member of the partnership or limited liability company or officer or director of the corporation who is actually engaged in the work of a private alarm contractor is issued a private alarm contractor license under this section.