Current through February 26, 2024
In chs.
SPS 30 to 35:
(1) "Agency" or "private detective agency"
means an individual, partnership, limited liability company, or corporation
holding a private detective agency license issued by the department or having a
right to renew a license issued by the department to act as or employ private
detectives or private security persons.
(1m) "Client" means a person for whom a
private detective agency agrees to provide private detective services, as
described in sub. (12) (a), or to supply private security personnel.
(1n) "Credential" has the meaning in s.
440.01(2)
(a), Stats.
(2) "Department" means the department of
safety and professional services.
Note: The department is located at 1400 East
Washington Avenue, Madison, Wisconsin 53702, telephone (608)
266-1212.
(2m) "Electric
weapon" has the meaning given in s.
941.295(1c)
(a), Stats.
(3) "Employee" means any person who receives
earnings as payment for personal services rendered for the benefit of an
employer. A person who is listed on an employer's payroll records and for whom
federal and state payroll deductions are taken and payroll taxes paid is
presumed to be an employee. However, a person is not an employee unless the
employer has a right to control and direct the employee who performs the
services as to the result to be accomplished by the services and as to the
details and means by which the result is to be accomplished.
(4) "Firearm" means a weapon from which a
shot is discharged by gunpowder, including but not limited to handguns and
shotguns.
(5) "License" means a
license issued by the department to a private detective agency or to a private
detective under s.
440.26,
Stats.
(6) "Officer" means the
president, vice-president, secretary or treasurer of a corporation.
(7) "On duty" means that time during which a
private detective or private security person:
(a) Receives or is entitled to receive fees
or other compensation for services as a private detective or a private security
person; or
(b) Acts as a private
detective or private security person.
(8) "Original agency license" means:
(a) A license issued to an agency which does
not hold an agency license at the time it makes application and which is not
eligible to renew a license; or
(b)
A license issued to an agency which has applied for a license under s.
SPS
32.07 after undergoing a change of controlling
ownership.
(9) "Original
private detective license" means a license issued to a person who does not hold
a private detective license at the time the person makes application and who is
not eligible to renew the license.
(10) "Owner" means the owner of an agency.
For the purpose of chs.
SPS 30 to 35:
(a) The owner of a sole proprietorship is the
license holder.
(b) The owners of a
corporation are the officers of the corporation.
(c) The owners of a partnership are the
partners.
(d) The owners of a
limited liability company are the members.
(10g) "Peace officer" has the meaning given
in s.
939.22(22),
Stats.
(11) "Permit" means the
private security permit described in s.
440.26(5m),
Stats., or a firearms permit described in s.
SPS
34.015.
(12)
(a)
"Private detective" means any of the following:
1. A person who acts as, advertises or
otherwise represents that the person is a private detective, private
investigator or special investigator.
2. A person engaged for compensation or other
consideration on behalf of another, in investigating or otherwise obtaining or
furnishing information relating to any of the following:
a. Crimes or wrongs done or threatened
against the United States, any state or territory, or any political subdivision
thereof.
b. The identity, conduct,
business, honesty, activity, movement, whereabouts, affiliations, associations,
transactions, acts, reputation or character of any person, if such information
is obtained in secret, without the knowledge of the person being
observed.
c. The location,
disposition or recovery of lost or stolen property.
d. The cause or responsibility for fires,
libels, losses, accidents, damage, injury or death.
e. Securing evidence to be used before any
court, public board, officer, or investigating committee.
3. A person who acts as a private security
person and does not wear a uniform, including one who provides personal
protection of individuals from bodily harm or death.
(b) "Private detective" does not include any
of the following:
1. A public officer or
employee while performing an official duty.
2. A person exempt from the licensing
requirement under s.
440.26(5),
Stats.
4. An individual, the
members of a partnership and the officers of a corporation having a private
detective agency license who are not engaged in the work of a private
detective.
5. Off-duty law
enforcement officers when employed by a person or entity and when such
employment has been officially authorized by the officer's law enforcement
employment department or agency as an appropriate extension of the officer's
function; provided that the law enforcement agency gives the hiring person or
entity a written statement concerning who is responsible or liable for the
actions of the off-duty law enforcement officer while that person is performing
services for the hiring person or entity.
6. Persons licensed by this state for
activities other than those under s.
440.26,
Stats., when performing acts within the scope of their license.
7. Persons directly employed by an insurer
and persons working as insurance adjusters under contract with an
insurer.
8. Persons employed to act
as shoppers in business establishments and report on the efficiency of
employees, the quality of services or the condition of the premises.
Note: Persons engaged in posing as patrons for
the purpose of checking honesty of employees and then reporting to the employer
are required to be licensed.
9. Persons contracted as consultants to a
private detective or private detective agency and who perform no investigatory
work of any kind themselves.
10.
Scientific researchers, laboratory personnel and expert consultants who may
provide testimony to any court, board, officer or investigating
committee.
11. A person who is not
licensed as a private detective in Wisconsin, who commences an investigation in
another jurisdiction and who physically enters into Wisconsin for the purpose
of pursuing that investigation, provided that the person is accompanied by a
licensed private detective while conducting the investigation and that the
person is not armed with a firearm.
(13)
(a)
"Private security person" means any private police, guard or any person who
stands watch for security purposes. Except as provided in par. (b) 2., "private
security person" includes a person employed by a private detective agency to
act as an usher, a ticket-taker or an event attendant at events which include,
but are not limited to, athletic events, concerts, fairs, festivals and trade
shows.
(b) "Private security
person" does not include any of the following:
1. An off-duty law enforcement officer when
employed by a person or entity and when such employment has been officially
authorized by the officer's law enforcement employment department or agency as
an appropriate extension of the officer's function; provided that the law
enforcement agency gives the hiring person or entity a written statement
concerning who is responsible or liable for the actions of the off-duty law
enforcement officer while that person is performing services for the hiring
person or entity.
2. A person
employed by a private detective agency who acts as an usher, ticket-taker or
event attendant at events which include, but are not limited to, athletic
events, concerts, fairs, festivals and trade shows, provided that all of the
following conditions are met:
a. The person
does not wear any clothing, badge, patch or lettering which identifies the
person as one who provides a security function at the event or who refers to
himself or herself by a title, such as a private security person, a private
police officer or a private public safety person.
b. The person is not armed with a dangerous
weapon.
(14) "Uniform" means any clothing, badge,
patch or lettering which clearly identifies to the public a person being a
security guard.
