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The bill also establishes certification requirements for bail recovery agents. A
bail recovery agent is an individual who is compensated to locate, apprehend,
transport, or surrender a principal on a bail bond. Under the bill, only an individual
who is already licensed by DSPS as a private investigator may be certified as a bail
recovery agent in Wisconsin.
Under the bill, DSPS is required to keep a register of the names and addresses
of all licensed bail bond agents and agencies and all certified bail recovery agents.
DSPS must make that register available to the public. Additionally, on an annual
basis, DSPS must provide a complete list to the clerk of circuit court in each county
that includes the names and addresses of all licensed bail bond agents and agencies
and all certified bail recovery agents, and DSPS is required to promptly notify the
clerk of circuit court in each county concerning any disciplinary action DSPS takes
against a licensed bail bond agent or agency or a certified bail recovery agent.
The bill requires that a licensed bail bond agency file a bond or liability policy
with DSPS in an amount determined by DSPS by rule and that a licensed bail bond
agent who is not covered under an agency's bond or liability policy file a bond or
liability policy with DSPS in an amount determined by DSPS by rule.
The bill establishes specific restrictions concerning business referrals. No bail
bond agent or agency or bail recovery agent, and no agent or employee of a bail bond
agent or agency or bail recovery agent, may in the course of its business suggest that
a principal on a bail bond or prospective principal on a bail bond contact or engage
the services of a specific attorney or law firm. Also under the bill, no law enforcement
officer or other employee of the state or of a city, village, town, or county may suggest
that a defendant contact or engage the services of a specific bail bond agent or agency.
The bill directs DSPS to promulgate rules to administer licensure of bail bond
agents and agencies and certification of bail recovery agents. The rules promulgated
by DSPS must do at least all of the following:
1. Establish photograph identification requirements for bail bond agents and
bail recovery agents.
2. Establish rules of conduct for bail bond agents and agencies and bail recovery
agents, including rules that prohibit the use or display of badges, shields, or other
similar images or items normally associated with law enforcement; rules that
require contact with local law enforcement before an attempt is made to apprehend

a principal on a bail bond; and rules that establish other requirements concerning
the location, apprehension, transportation, and surrender of principals.
3. Establish procedures for the temporary certification of bail recovery agents
from other states. Under the bill, DSPS may also enter into reciprocal agreements
with other states concerning the activities of bail bond agents and agencies and bail
recovery agents in the respective states.
4. Establish appropriate education, training, examination, and other
requirements for the initial licensure of bail bond agents and the initial certification
of bail recovery agents and establish appropriate continuing education, training, and
other requirements for the renewal of those licenses and certifications.
In promulgating its rules, the bill requires DSPS to consult the laws of other
states and federal law regarding bail bond agents, bail bond agencies, and bail
recovery agents, and the bill requires DSPS to attempt to make its rules consistent
with those laws. The bill authorizes DSPS to issue emergency rules.
The bill further authorizes DSPS to take disciplinary action, including
imposing forfeitures established by DSPS by rule, but not exceeding $5,000, against
a bail bond agent or agency or a bail recovery agent that does any of the following:
1. Intentionally makes a material misstatement in an application for a license
or license renewal or a certification or certification renewal.
2. Advertises in a manner that is false or misleading.
3. Obtains or attempts to obtain compensation through fraud or deceit.
4. Violates the law, including rules promulgated by DSPS, regarding bail bond
agents and agencies and bail recovery agents or violates any other Wisconsin law,
any law of another state, or any federal law that substantially relates to the activity
of a bail bond agent or agency or a bail recovery agent.
5. Engages in unprofessional conduct.
Finally, the bill requires DSPS to establish an advisory committee to advise
DSPS on matters relating to the regulation of bail bond agents and agencies and bail
recovery agents. Under the bill, the committee must consist of six members
appointed by DSPS and one member appointed by the governor. The members of the
committee serve three-year terms and may not serve more than two consecutive
terms. The committee must consist of the following members:
1. One private criminal defense attorney admitted to practice law in Wisconsin.
2. One current or former law enforcement officer in Wisconsin.
3. One current or former Wisconsin circuit court judge.
4. One member of the public who is a Wisconsin citizen and who is not a current
or former law enforcement officer.
5. One member of the legislature, who is nominated by the governor and
appointed with the advice and consent of the senate.
6. Two representatives of the bail bond industry in Wisconsin.

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:
AB567, s. 1 1Section 1. 20.005 (3) (schedule) of the statutes: at the appropriate place, insert
2the following amounts for the purposes indicated: - See PDF for table PDF
AB567, s. 2 3Section 2. 20.165 (1) (gk) of the statutes is created to read:
AB567,4,84 20.165 (1) (gk) Bail bond agents. The amounts in the schedule for the
5administration of bail bond agent licenses, bail bond agency licenses, and bail
6recovery agent certifications under ss. 440.28 to 440.289. All moneys received from
7fees collected under s. 440.282 (1) (d), (2) (c), and (4) (b) shall be credited to this
8appropriation account.
AB567, s. 3 9Section 3. 440.03 (13) (b) 12g. of the statutes is created to read:
AB567,4,1010 440.03 (13) (b) 12g. Bail bond agent.
AB567, s. 4 11Section 4. 440.03 (13) (b) 12r. of the statutes is created to read:
AB567,4,1212 440.03 (13) (b) 12r. Bail recovery agent.
AB567, s. 5 13Section 5. 440.08 (2) (a) 15e. of the statutes is created to read:
AB567,4,1414 440.08 (2) (a) 15e. Bail bond agency: December 1 of each odd-numbered year.
AB567, s. 6
1Section 6. 440.08 (2) (a) 15m. of the statutes is created to read:
AB567,5,22 440.08 (2) (a) 15m. Bail bond agent: December 1 of each even-numbered year.
AB567, s. 7 3Section 7. 440.08 (2) (a) 15s. of the statutes is created to read:
AB567,5,54 440.08 (2) (a) 15s. Bail recovery agent: September 1 of each even-numbered
5year.
AB567, s. 8 6Section 8. Subchapter II (title) of chapter 440 [precedes 440.26] of the statutes
7is amended to read:
AB567,5,88 CHAPTER 440
AB567,5,99 SUBCHAPTER II
AB567,5,1210 PRIVATE DETECTIVES, PRIVATE
11 SECURITY PERSONS, BAIL BOND
12 AGENTS, AND BAIL RECOVERY AGENTS
AB567, s. 9 13Section 9. 440.28 of the statutes is created to read:
AB567,5,14 14440.28 Definitions. In this section and ss. 440.281 to 440.289:
AB567,5,15 15(1) "Bail bond" means a bond executed under ch. 969.
AB567,5,17 16(2) "Bail bond agency" means an entity that is compensated to act as a surety
17for a bail bond under ch. 969.
AB567,5,19 18(3) "Bail bond agent" means an individual who is compensated to act as a surety
19for a bail bond under ch. 969.
AB567,5,21 20(4) "Bail recovery agent" means an individual who is compensated to locate,
21apprehend, transport, or surrender a principal.
AB567,5,23 22(5) "Business" means a sole proprietorship, partnership, limited liability
23company, joint venture, or corporation.
AB567,5,25 24(6) "Business representative" means an owner, officer, director, manager,
25member, partner, or other principal of a business.
AB567,6,2
1(7) "Certified bail recovery agent" means an individual who is certified under
2s. 440.282 (3).
AB567,6,3 3(8) "Law enforcement officer" has the meaning given in s.165.85 (2) (c).
AB567,6,4 4(9) "Licensed agency" means a business that is licensed under s. 440.282 (2).
AB567,6,5 5(10) "Licensed agent" means an individual who is licensed under s. 440.282 (1).
AB567,6,7 6(11) "Principal" means a defendant who is released on a bail bond under ch.
7969.
AB567, s. 10 8Section 10. 440.281 of the statutes is created to read:
AB567,6,12 9440.281 License required. (1) Bail bond agents and agencies. (a) No
10individual may act as a bail bond agent in this state unless the individual is a licensed
11agent and the bail bond is underwritten by a surety company authorized to do
12business in this state.
AB567,6,1513 (b) No business may act as a bail bond agency in this state unless the business
14is a licensed agency and the bail bond is underwritten by a surety company
15authorized to do business in this state.
AB567,6,18 16(2) Bail recovery agents. Except as provided in s. 440.289 (1) (c), no individual
17may act as a bail recovery agent in this state unless the individual is a certified bail
18recovery agent.
AB567, s. 11 19Section 11. 440.282 of the statutes is created to read:
AB567,6,23 20440.282 Licensure of bail bond agents and agencies; bail recovery
21agent certification. (1)
Bail bond agents. The department shall grant a
22license to act as a bail bond agent to an individual if the department determines
23that all of the following requirements are met:
AB567,7,224 (a) The individual submits an application for the license to the department
25on a form prescribed by the department. The application shall include the

1individual's name and address, a recent photograph of the individual, and any
2other information required by the department by rule.
AB567,7,43 (b) The individual satisfies the education, training, and examination
4requirements established by the department by rule.
AB567,7,65 (c) Subject to ss. 111.321, 111.322, and 111.335, the individual does not have
6an arrest or conviction record.
AB567,7,77 (d) The individual pays an initial licensure fee of $1,000.
AB567,7,98 (e) The individual satisfies any other requirements established by the
9department by rule.
AB567,7,12 10(2) Bail bond agencies. The department shall grant a license to act as a
11bail bond agency to a business if the department determines that all of the
12following requirements are met:
AB567,7,1713 (a) The business submits an application to the department on a form
14prescribed by the department. The application shall include the business's name
15and address, the name and addresses of the business representatives of the
16business and any bail bond agents who are employed by the business, and any
17other information required by the department by rule.
AB567,7,1918 (b) The business has at least one business representative who is a licensed
19agent.
AB567,7,2020 (c) The business pays the initial credential fee of $1,000.
AB567,7,2221 (d) The business satisfies any other requirements established by the
22department by rule.
AB567,7,25 23(3) Bail recovery agents. The department shall grant a certification to act
24as a bail recovery agent to an individual if the department determines that all of
25the following requirements are met:
AB567,8,4
1(a) The individual submits an application for the certification to the
2department on a form prescribed by the department. The application shall
3include the individual's name and address, a recent photograph of the individual,
4and any other information required by the department by rule.
AB567,8,65 (b) The individual is a private detective who is licensed under s. 440.26 (2)
6(a) 2.
AB567,8,87 (c) The individual satisfies the education, training, and examination
8requirements established by the department by rule.
AB567,8,109 (d) Subject to ss. 111.321, 111.322, and 111.335, the individual does not have
10an arrest or conviction record.
AB567,8,1211 (e) The individual satisfies any other requirements established by the
12department by rule.
AB567,8,17 13(4) Renewal. (a) The renewal dates for licenses granted under subs. (1) and
14(2) and certifications granted under sub. (3) are specified in s. 440.08 (2) (a) 15e.,
1515m., and 15s. A renewal application shall be submitted to the department on a
16form prescribed by the department and shall include any information required by
17the department by rule.
AB567,8,1918 (b) The renewal application for a licensed agent or a licensed agency shall
19include a renewal fee of $1,000.
AB567, s. 12 20Section 12. 440.283 of the statutes is created to read:
AB567,9,2 21440.283 Information concerning licensed agents, licensed agencies,
22and certified bail recovery agents. (1)
Register. The department shall
23compile and keep current a register of the names and addresses of all licensed
24agents, licensed agencies, and certified bail recovery agents. The department
25shall make that register available for public inspection during the times specified

1in s. 230.35 (4) (a). The department may also make the register available to the
2public on a Web site maintained by the department.
AB567,9,5 3(2) Register provided to court clerks. Annually, the department shall
4provide a complete copy of the register kept under sub. (1) to the clerk of circuit
5court in each county.
AB567,9,9 6(3) Notice of disciplinary action. The department shall promptly notify
7the clerk of circuit court in each county concerning any action taken by the
8department under. s. 440.288 (2) against a licensed agent, licensed agency, or
9certified bail recovery agent.
AB567, s. 13 10Section 13. 440.284 of the statutes is created to read:
AB567,9,14 11440.284 Bond or liability policy required. (1) Licensed agencies. Each
12licensed agency shall file with the department a bond or liability policy, approved
13by the department, in an amount determined by the department by rule that
14covers all licensed agents of the agency.
AB567,9,18 15(2) Licensed agents. Each licensed agent who is not included under a bond
16or liability policy under sub. (1) shall file with the department a bond or liability
17policy, approved by the department, in an amount determined by the department
18by rule.
AB567, s. 14 19Section 14. 440.286 of the statutes is created to read:
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