LRB-2545/1
MES:jld
2017 - 2018 LEGISLATURE
March 23, 2017 - Introduced by Senators Stroebel, Kapenga, Olsen and Nass,
cosponsored by Representatives R. Brooks, E. Brooks, Steffen, Kulp,
Mursau, Horlacher, Tusler, Skowronski, Weatherston, Brandtjen,
Duchow, Kremer, Gannon and Petryk. Referred to Committee on Economic
Development, Commerce and Local Government.
SB122,1,4 1An Act to amend 61.25 (intro.), 61.26 (1), 61.28 (1), 61.29 (1) (a), 62.09 (4) (b),
266.0609 (4), 755.03 (1) and 755.03 (2) of the statutes; relating to: changing the
3requirement that certain city and village officials must execute and file an
4official bond.
Analysis by the Legislative Reference Bureau
Under this bill, with regard to a city treasurer, comptroller, chief of police,
municipal judge, and other officials as the common council may direct, such officers
are required to execute and file an official bond only if the common council directs
them to do so. Similarly under the bill, a village clerk, treasurer, marshal, municipal
judge, and constable are required to execute and file an official bond only if the village
board directs them to do so. If a city or village does not require an official to execute
and file an official bond, the bill requires the governmental body to obtain an
insurance policy that covers the official. Under current law, these city and village
officials are required to execute and file an official bond.
For further information see the state and local 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:
SB122,1 5Section 1. 61.25 (intro.) of the statutes is amended to read:
SB122,2,6
161.25 Clerk. (intro.) The If required to do so by the village board, the village
2clerk shall execute and file an official bond. If the village board does not require the
3clerk to execute and file an official bond, the board shall obtain a dishonesty
4insurance policy or other appropriate insurance policy that covers the clerk, in an
5amount determined by the board, in lieu of the bond requirement.
It shall be the
6village clerk's duty:
SB122,2 7Section 2. 61.26 (1) of the statutes is amended to read:
SB122,2,138 61.26 (1) Execute If required to do so by the village board, execute and file an
9official bond which may be furnished by a surety company as provided by s. 632.17
10(2). If the village board does not require the treasurer to execute and file an official
11bond, the board shall obtain a dishonesty insurance policy or other appropriate
12insurance policy that covers the treasurer, in an amount determined by the board,
13in lieu of the bond requirement.
SB122,3 14Section 3. 61.28 (1) of the statutes is amended to read:
SB122,2,2515 61.28 (1) The If required to do so by the village board, the village marshal shall
16execute and file an official bond. If the village board does not require the marshal
17to execute and file an official bond, the board shall obtain a dishonesty insurance
18policy or other appropriate insurance policy that covers the marshal, in an amount
19determined by the board, in lieu of the bond requirement.
The marshal shall possess
20the powers, enjoy the privileges and be subject to the liabilities conferred and
21imposed by law upon constables, and be taken as included in all writs and papers
22addressed to constables. The marshal shall obey all lawful written orders of the
23village board. The marshal is entitled to the same fees prescribed for sheriffs in s.
24814.70 for similar services, unless a higher fee is applicable under s. 814.705 (1) (c);
25for other service rendered the village, compensation as the board fixes.
SB122,4
1Section 4. 61.29 (1) (a) of the statutes is amended to read:
SB122,3,62 61.29 (1) (a) Execute If required to do so by the village board, execute and file
3an official bond. If the village board does not require the constable to execute and
4file an official bond, the board shall obtain a dishonesty insurance policy or other
5appropriate insurance policy that covers the constable, in an amount determined by
6the board, in lieu of the bond requirement.
SB122,5 7Section 5. 62.09 (4) (b) of the statutes is amended to read:
SB122,3,208 62.09 (4) (b) The If the council requires them to do so, the treasurer,
9comptroller, chief of police and such others as the statutes or the council may direct,
10shall execute and file an official bond in such sum as the council may determine, with
112 or more sureties or such bond may be furnished by a surety company as provided
12by s. 632.17 (2), or the council may provide a schedule or blanket bond that includes
13any or all of these officials. The council may at any time require new and additional
14bonds of an officer. All official bonds must be approved by the mayor, and when so
15approved shall be filed within 10 days after the officer executing the same shall have
16been notified of election or appointment. Official bonds filed with the city clerk shall
17be recorded in a book kept for that purpose. If the council does not require any or all
18of these officials to execute and file an official bond, the council shall obtain a
19dishonesty insurance policy or other appropriate insurance policy that covers such
20officials, in an amount determined by the council, in lieu of the bond requirement.
SB122,6 21Section 6. 66.0609 (4) of the statutes is amended to read:
SB122,3,2522 66.0609 (4) The system under sub. (1) is operative only if the comptroller or
23clerk is covered by a fidelity bond or insurance policy of not less than $5,000 in
24villages and 4th class cities, of not less than $10,000 in 3rd class cities, and of not less
25than $20,000 in 2nd class cities, as described in s. 61.25 (intro.) or 62.09 (4) (b).
SB122,7
1Section 7. 755.03 (1) of the statutes is amended to read:
SB122,4,102 755.03 (1) The judge shall, after election or appointment, take and file the
3official oath as prescribed in s. 757.02 (1) and at the same time , if required to do so
4by a city's or village's governing body,
execute and file an official bond in an amount
5to be fixed by the governing body. If the governing body does not require the judge
6to execute and file an official bond, the governing body shall obtain a dishonesty
7insurance policy or other appropriate insurance policy that covers the judge, in an
8amount fixed by the governing body, in lieu of the bond requirement.
The governing
9body shall pay the costs of the bond or insurance policy. No judge may act as such
10until he or she has complied with the requirements of sub. (2).
SB122,8 11Section 8. 755.03 (2) of the statutes is amended to read:
SB122,4,1812 755.03 (2) Within 10 days after a municipal judge takes the oath, the judge
13shall file the oath and, if required to do so as described in sub. (1), the official bond
14with the clerk of the city, town or village where the judge was elected or appointed.
15If the municipal judge is elected under s. 755.01 (4), the judge shall file copies of the
16oath and bond with each applicable municipal clerk. The judge shall file a certified
17copy of the oath with the office of director of state courts within the 10-day time
18period after the judge takes the oath.
SB122,9 19Section 9. Initial applicability.
SB122,4,2120 (1) This act first applies to an individual who is elected or appointed to an office
21on the effective date of this subsection.
SB122,4,2222 (End)
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