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KP:amn&wlj
2021 - 2022 LEGISLATURE
January 21, 2022 - Introduced by Representatives J. Rodriguez, Armstrong,
Gundrum, Neylon, Ramthun and Rozar, cosponsored by Senators
Wanggaard and Ballweg. Referred to Committee on Criminal Justice and
Public Safety.
AB904,1,3 1An Act to amend 440.26 (3m) (d); and to create 440.26 (5m) (ae), 440.26 (7) and
2440.26 (9) of the statutes; relating to: private security persons practicing
3without a permit and carrying firearms.
Analysis by the Legislative Reference Bureau
This bill does the following related to the practice of private security persons:
1. Requires a private security person or private detective who holds a license
to carry a concealed weapon to obtain a certificate from the Department of Safety and
Professional Services to carry a weapon while on duty.
2. Specifies that a city, village, town, or county may enact and enforce
ordinances prohibiting persons from acting as a private security person without a
permit granted by DSPS and from employing or contracting with an individual to act
as a private security person without a DSPS permit. Current law generally requires
a person to obtain a permit granted by DSPS to act as a private security person.
3. Requires local law enforcement personnel to report to DSPS alleged
violations of the private security person, private detective, and private detective
agency laws.
4. Prohibits a person from submitting to DSPS an application for a private
security person permit on behalf of another individual. The bill also allows an
individual's employer to reimburse the individual for the initial permit fee charged
by DSPS and requires an individual to whom a permit is granted to notify the
individual's employer.

5. Requires DSPS to submit an annual report to the legislature that includes
information on complaints received related to private security persons, private
detectives, and private detective agencies and DSPS's responses to those complaints.
For further information see the state fiscal estimate, which will be printed as
an appendix to this bill.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
AB904,1 1Section 1. 440.26 (3m) (d) of the statutes is amended to read:
AB904,2,52 440.26 (3m) (d) A licensee, as defined in s. 175.60 (1) (d), or an out-of-state
3licensee, as defined in s. 175.60 (1) (g), to carry a concealed weapon as permitted
4under s. 175.60
only if the licensee or out-of-state licensee obtains from the
5department a certificate of proficiency in the care, handling, and use of a firearm
.
AB904,2 6Section 2. 440.26 (5m) (ae) of the statutes is created to read:
AB904,2,117 440.26 (5m) (ae) No person may submit an application for a private security
8permit on behalf of another individual, but a private detective agency that employs
9an individual may reimburse the individual for the fee described in par. (a) 4. If the
10department grants an individual a private security permit, the individual shall
11notify the individual's employer.
AB904,3 12Section 3. 440.26 (7) of the statutes is created to read:
AB904,2,1513 440.26 (7) Report to the legislature. On or before December 31 of each year,
14the department shall submit a report to the legislature under s. 13.172 (2) that
15includes all of the following:
AB904,2,1816 (a) Information on the complaints received by the department, including
17reports made under sub. (9) (c), since the last report submitted under this subsection
18related to alleged violations of this section.
AB904,3,2
1(b) Information on the responses of the department to complaints described in
2par. (a).
AB904,4 3Section 4. 440.26 (9) of the statutes is created to read:
AB904,3,84 440.26 (9) Local enforcement. (a) 1. A city, village, town, or county may enact
5and enforce an ordinance that prohibits an individual from violating the prohibition
6under sub. (1) (a) 2. against acting as a private security person without a permit
7unless the individual is authorized under this section to act as a private security
8person.
AB904,3,129 2. A city, village, town, or county may enact and enforce an ordinance that
10prohibits a person from employing or contracting with an individual to act as a
11private security person who is required to obtain a permit under sub. (1) (a) 2. unless
12the individual is authorized under this section to act as a private security person.
AB904,3,1613 (b) Law enforcement personnel of a city, village, town, or county may issue
14citations for violations of an ordinance described in par. (a), and the city, village,
15town, or county may impose a fine not to exceed $500 or imprisonment for not more
16than 90 days or both for violations of such an ordinance.
AB904,3,1817 (c) Law enforcement personnel of a city, village, town, or county shall report
18alleged violations of this section to the department.
AB904,3,1919 (End)
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