LRB-2102/1
MES:jld:jf
2003 - 2004 LEGISLATURE
April 15, 2003 - Introduced by Representatives Stone, Musser, Ainsworth,
Ladwig, Grothman, Hines, Bies, Gunderson, Olsen, Hahn
and Hundertmark,
cosponsored by Senator Brown. Referred to Committee on Urban and Local
Affairs.
AB263,1,3 1An Act to amend 59.21 (1) (intro.), 61.22 and 62.09 (4) (b) of the statutes;
2relating to: changing the bonding requirements for city, village, and county
3officers.
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
employees 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 county 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.

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.
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
schedule or 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.
Under this bill, as an alternative to the current bonding requirements, a
common council of a second, third, or fourth class city, a village board, or a county
board may provide a schedule or blanket bond for its officers or officials who must
be bonded.
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:
AB263, s. 1 1Section 1. 59.21 (1) (intro.) of the statutes is amended to read:
AB263,3,22 59.21 (1) (intro.) Each county officer named in this chapter, except county
3supervisors, shall execute and file an official bond and take and file the official oath
4within 20 days after receiving official notice of election or appointment, or if not
5officially notified, within 20 days after the commencement of the term for which the
6officer is elected or appointed, or the board may provide a schedule or blanket bond
7that includes any or all of these officials, except county supervisors
. Every county
8supervisor shall take and file the official oath within 20 days after receiving official
9notice of election or appointment, or if not officially notified, within 20 days after the
10commencement of the term for which he or she is elected or appointed. Every deputy
11appointed by any such officer shall take and file the official oath and if the deputy
12neglects to do so, he or she shall forfeit $100. Such If the board does not provide a

1schedule or blanket bond, the
official bonds shall be in sums and with sureties, as
2follows:
AB263, s. 2 3Section 2. 61.22 of the statutes is amended to read:
AB263,3,10 461.22 Official bonds; officers not to be sureties. Every bond required of
5a village officer shall be executed with sufficient sureties in a sum fixed by the village
6board when not otherwise prescribed and be approved by the president. Whenever
7the village board deems any bond insufficient they may require an additional bond
8to be executed and filed in a sum and within a time not less than 10 days, to be fixed
9by them. The village board may provide a schedule or blanket bond that includes any
10or all village officers or officials.
AB263, s. 3 11Section 3. 62.09 (4) (b) of the statutes is amended to read:
AB263,3,2112 62.09 (4) (b) The treasurer, comptroller, chief of police and such others as the
13statutes or the council may direct, shall execute and file an official bond in such sum
14as the council may determine, with 2 or more sureties or such bond may be furnished
15by a surety company as provided by s. 632.17 (2), or the council may provide a
16schedule or blanket bond that includes any or all these officials
. The council may at
17any time require new and additional bonds of an officer. All official bonds must be
18approved by the mayor, and when so approved shall be filed within 10 days after the
19officer executing the same shall have been notified of election or appointment.
20Official bonds filed with the city clerk shall be recorded in a book kept for that
21purpose.
AB263,3,2222 (End)
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