AB383: Bill Text

LRB-2359/4

MES:wlj:mrc

1999 - 2000 LEGISLATURE

1999 Assembly BILL 383

June 10, 1999 - Introduced by Representatives Stone, Hundertmark, Ladwig, Plouff, Goetsch, F. Lasee, Olsen, Musser, Gunderson, Turner, Grothman and Powers, cosponsored by Senators Roessler and Farrow. Referred to Committee on Urban and Local Affairs.

AB383,1,7 An Act to amend 59.21 (1) (intro.), 59.35 (3), 59.38 (3), 59.52 (11) (d), 60.30 (5) (a), 60.30 (5) (b), 60.31 (2), 60.31 (3) (a), 60.31 (3) (b), 60.331, 60.341, 61.22, 61.25 (intro.), 61.26 (1), 61.28, 61.29 (1) (a), 62.09 (4) (b), 62.09 (9) (f), 62.09 (10) (h), 62.09 (11) (i), 66.12 (1) (b), 66.23 (8), 66.39 (5) (c), 70.67 (1), 70.67 (2), 74.45 (2) and 75.07 (2) (c) of the statutes; relating to: eliminating the requirement, and making it a local option, that certain city, village, town and county officers be bonded.

Analysis by the Legislative Reference Bureau

Under current law, most officers of a city, village, town or county must obtain and file an official bond. Generally, in the case of second, third and fourth class cities, the treasurer, comptroller, chief of police and other officers, as the statutes or the common council direct, are required to execute and file an official bond, with sureties, in a sum determined by the common council. Such bonds may also be furnished by a surety company. All official bonds must be approved by the mayor of the city and when approved must be filed within ten days after the person who executes the bond is notified of election or appointment. Official bonds are also filed with the city clerk. Similar bonding requirements apply to officers and other employes of first class cities (presently only Milwaukee).

Generally under current law, in the case of counties, officers who are specified by statute are required to file an official bond with sureties in amounts that are specified by statute or fixed by the board within a range specified by statute. Such officers may also obtain bonds from a surety company and the county board may require an officer to provide an additional bond if it considers the statutorily specified amount or range to be insufficient. All bonds and sureties must be approved by a committee made up of the county board chairperson and at least two other board members.

Current law also requires every town clerk, deputy town clerk, town treasurer, deputy town treasurer, elected assessor and town constable to execute and file an official bond provided by the town or by sureties. The town may also provide a blanket bond or a surety company may furnish the required bonds. The bond amounts are fixed by the town board and may be increased if the board determines that the existing bond amount is insufficient. The failure of an elected or appointed town officer to file the required bond within the time prescribed by law for such filing constitutes refusal to serve in office.

Generally under current law, elected and certain appointed village officers are required to obtain an official bond in an amount that is set by the village board or specified by statute, and such bonds must be approved by the village president. Bond amounts may be increased by the village board if the board determines that the existing bond amount is insufficient.

This bill removes the requirements, and makes it a local option, that any elected or appointed officer of a second, third or fourth class city, or of a village, town or county, obtain an official bond.

For further information see the 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:

AB383, s. 1 Section 1. 59.21 (1) (intro.) of the statutes is amended to read:

AB383,3,4 59.21 (1) (intro.) Each county officer named in this chapter, except county supervisors, shall execute and file an official bond, if the board enacts an ordinance or adopts a resolution that requires the officers to do so, and shall take and file the official oath within 20 days after receiving official notice of election or appointment, or if not officially notified, within 20 days after the commencement of the term for which the officer is elected or appointed. Every county supervisor shall take and file the official oath within 20 days after receiving official notice of election or appointment, or if not officially notified, within 20 days after the commencement of the term for which he or she is elected or appointed. Every deputy appointed by any such officer shall take and file the official oath and if the deputy neglects to do so, he or she shall forfeit $100. Such official bonds shall be in sums and with sureties, as follows:

AB383, s. 2 Section 2. 59.35 (3) of the statutes is amended to read:

AB383,3,11 59.35 (3) The If the board requires the coroner to be bonded, the coroner may require a deputy coroner, before entering upon the duties of the office, to execute and deliver to the coroner a bond in such sum and with such sureties as the coroner may require, conditioned for the faithful performance of the deputy's official duties; and every default or misconduct of the deputy coroner for which the coroner shall be liable shall be a breach of the bond.

AB383, s. 3 Section 3. 59.38 (3) of the statutes is amended to read:

AB383,3,20 59.38 (3) Medical examiner's bond. Before entering upon the duties of office, if required to do so by the board, the medical examiner of the county shall deliver to the clerk a bond, subscribed by 2 or more sufficient sureties, in such penal sum as the board determines, conditioned for the faithful performance of all official duties as set forth in this chapter and ch. 979 and that he or she will faithfully account for and pay to the treasurer of the county all moneys which may come to him or her belonging to the county, and which by virtue of this chapter and ch. 979 the medical examiner is required to account for and pay as aforesaid.

AB383, s. 4 Section 4. 59.52 (11) (d) of the statutes is amended to read:

AB383,4,8 59.52 (11) (d) Bonds of officers and employes. Provide for the protection of the county and public against loss or damage resulting from the act, neglect or default of county officers, department heads and employes and may contract for and procure bonds or contracts of insurance to accomplish that purpose either from commercial companies or by self-insurance created by setting up an annual fund for such purpose or by a combination thereof. Any number of officers, department heads or employes not otherwise required by statute and county ordinance or resolution to furnish an official bond may be combined in a schedule or blanket bond or contract of insurance. So far as applicable ss. 19.01 (2), (2m), (3), (4) (d) and (dd) and 19.07 shall apply to such bonds or contracts of insurance. The bond shall be for a definite period, and each renewal thereof shall constitute a new bond for the principal amount covering the renewal period.

AB383, s. 5 Section 5. 60.30 (5) (a) of the statutes is amended to read:

AB383,4,16 60.30 (5) (a) If any elected town officer, other than a town board supervisor, is absent or temporarily incapacitated from any cause, the town board may appoint, if there is no deputy officer for the office, a suitable person to discharge the duties of the office until the officer returns or the disability is removed, except that the appointment procedures of this paragraph apply to a town board supervisor if he or she is absent because of entry into the U.S. armed forces. Appointees shall file the official oath required, and bond that may be required, under s. 60.31.

AB383, s. 6 Section 6. 60.30 (5) (b) of the statutes is amended to read:

AB383,4,23 60.30 (5) (b) If any elected town officer, other than a town board supervisor, refuses to perform any official duty, the town board may appoint a suitable person to perform those duties which the officer refuses to perform. An appointee shall file the official oath required, and bond that may be required, of the office under s. 60.31. This paragraph does not preclude a finding that refusal to perform official duties constitutes cause under s. 17.13 (3).

AB383, s. 7 Section 7. 60.31 (2) of the statutes is amended to read:

AB383,5,11 60.31 (2) Official bond. Every If the town board enacts an ordinance or adopts a resolution that requires the officers to do so, every town clerk, deputy town clerk, town treasurer, deputy town treasurer, elected assessor and town constable shall execute and file an official bond provided by the town or by sufficient sureties, or the town may provide a schedule or blanket bond that includes any or all of these officials. The official bond or schedule or blanket bond provided by the town may be furnished by a surety company under s. 632.17 (2). The amount of the bond shall be fixed by the town board. If the amount of the bond is not fixed by the board, the amount shall be the same as that required of the last incumbent of the office. If the town board at any time determines that the bond is insufficient, it may require an additional bond to be filed within 10 days, in an amount fixed by the board.

AB383, s. 8 Section 8. 60.31 (3) (a) of the statutes is amended to read:

AB383,5,14 60.31 (3) (a) An elected assessor shall take and file the official oath, and bond if a bond is required under sub. (2), at any time between May 27 to May 31.

AB383, s. 9 Section 9. 60.31 (3) (b) of the statutes is amended to read:

AB383,5,17 60.31 (3) (b) Municipal judges shall take and file the official oath, and bond if a bond is required under sub. (2), under s. 755.03.

AB383, s. 10 Section 10. 60.331 of the statutes is amended to read:

AB383,5,23 60.331 Deputy town clerk. Each town clerk may appoint one or more deputies for whom the town clerk is responsible. A deputy shall take and file the official oath, and bond if a bond is required, under s. 60.31. The town clerk may designate a deputy to perform the clerk's duties during the absence, sickness or other disability of the clerk.

AB383, s. 11 Section 11. 60.341 of the statutes is amended to read:

AB383,6,4 60.341 Deputy town treasurer. Each town treasurer may appoint a deputy for whom the treasurer is responsible. The deputy shall take and file the official oath, and bond under s. 60.31. In case of the absence, sickness or other disability of the treasurer, the deputy shall perform the treasurer's duties.

AB383, s. 12 Section 12. 61.22 of the statutes is amended to read:

AB383,6,12 61.22 Official bonds; officers not to be sureties. The village board may enact an ordinance or adopt a resolution that requires a village officer to obtain a bond. Every bond required of a village officer shall be executed with sufficient sureties in a sum fixed by the village board when not otherwise prescribed and be approved by the president. Whenever the village board deems any bond insufficient they may require an additional bond to be executed and filed in a sum and within a time not less than 10 days, to be fixed by them.

AB383, s. 13 Section 13. 61.25 (intro.) of the statutes is amended to read:

AB383,6,15 61.25 Clerk. (intro.) The If required to do so under s. 61.22, the village clerk shall execute and file an official bond. It shall be the village clerk's duty:

AB383, s. 14 Section 14. 61.26 (1) of the statutes is amended to read:

AB383,6,18 61.26 (1) Execute If a bond is required under s. 61.22, execute and file an official bond which may be furnished by a surety company as provided by s. 632.17 (2).

AB383, s. 15 Section 15. 61.28 of the statutes is amended to read:

AB383,7,6 61.28 Marshal. The If required to do so under s. 61.22, the village marshal shall execute and file an official bond. The marshal shall possess the powers, enjoy the privileges and be subject to the liabilities conferred and imposed by law upon constables, and be taken as included in all writs and papers addressed to constables. The marshal shall obey all lawful written orders of the village board; and arrest with or without process every person found in the village engaged in any disturbance of the peace or violating any law of the state or ordinance of the village. The marshal may command all persons present in that case to assist, and if any person, being so commanded, refuses or neglects to render assistance the person shall forfeit not exceeding $10. The marshal is entitled to the same fees prescribed for sheriffs in s. 814.70 for similar services, unless a higher fee is applicable under s. 814.705 (1) (c); for other service rendered the village, compensation as the board fixes.

AB383, s. 16 Section 16. 61.29 (1) (a) of the statutes is amended to read:

AB383,7,9 61.29 (1) (a) Execute If a bond is required under s. 61.22, execute and file an official bond.

AB383, s. 17 Section 17. 62.09 (4) (b) of the statutes is amended to read:

AB383,7,20 62.09 (4) (b) The If the council enacts an ordinance or adopts a resolution that requires the treasurer, comptroller, chief of police and such others as the statutes or the council may direct, to do so, or if the statutes direct a city officer to do so, such officer, shall execute and file an official bond in such sum as the council may determine, with 2 or more sureties or such bond may be furnished by a surety company as provided by s. 632.17 (2). The council may at any time require new and additional bonds of an officer. All official bonds must be approved by the mayor, and when so approved shall be filed within 10 days after the officer executing the same shall have been notified of election or appointment. Official bonds filed with the city clerk shall be recorded in a book kept for that purpose.

AB383, s. 18 Section 18. 62.09 (9) (f) of the statutes is amended to read: