Wisconsin Legislature: 20,2187h

20,2184 Section 2184. 440.08 (2) (a) 23m. of the statutes is repealed.

20,2185 Section 2185. 440.08 (2) (a) 35m. of the statutes is repealed.

20,2186 Section 2186. 440.08 (2) (a) 63p. of the statutes is repealed.

20,2187 Section 2187. 440.08 (2) (a) 63t. of the statutes is repealed.

20,2187am Section 2187am. 440.08 (2) (c) of the statutes is amended to read:

440.08 (2) (c) Except as provided in sub. (3), renewal applications shall include the applicable renewal fee as determined by the department under s. 440.03 (9) (a) or as specified in par. (b) or, for licenses granted under subch. II of ch. 459, the renewal fee specified in s. 459.24 (5) (a).

20,2187b Section 2187b. 440.08 (3) (a) of the statutes is amended to read:

440.08 (3) (a) Except as provided in rules promulgated under par. (b), if the department does not receive an application to renew a credential before its renewal date, the holder of the credential may restore the credential by payment of the applicable renewal fee determined by the department under s. 440.03 (9) (a) or, for licenses granted under subch. II of ch. 459, the renewal fee specified in s. 459.24 (5) (a), and by payment of a late renewal fee of $25.

20,2187c Section 2187c. Subchapter II (title) of chapter 440 [precedes 440.26] of the statutes is amended to read:

CHAPTER 440

SUBCHAPTER II

PRIVATE DETECTIVES, PRIVATE
SECURITY PERSONS, BAIL BOND
AGENTS, AND BAIL RECOVERY AGENTS

20,2187g Section 2187g. 440.28 of the statutes is created to read:

440.28 Definitions. In this section and ss. 440.281 to 440.288:

(1) "Bail bond" means a bond executed under ch. 969.

(2) "Bail bond agency" means a business that is compensated to act as a surety for a bail bond under ch. 969.

(3) "Bail bond agent" means an individual who is compensated to act as a surety for a bail bond under ch. 969.

(4) "Bail recovery agent" means an individual who is compensated to locate, apprehend, transport, or surrender a principal.

(5) "Business" means a sole proprietorship, partnership, limited liability company, joint venture, or corporation.

(6) "Business representative" means an owner, officer, director, manager, member, partner, or other agent of a business.

(7) "Certified bail recovery agent" means an individual who is certified under s. 440.282 (3).

(8) "Law enforcement officer" has the meaning given in s.165.85 (2) (c).

(9) "Licensed agency" means a business that is licensed under s. 440.282 (2).

(10) "Licensed agent" means an individual who is licensed under s. 440.282 (1).

(11) "Principal" means a defendant who is released on a bail bond under ch. 969.

20,2187h Section 2187h. 440.281 of the statutes is created to read:

440.281 License or certification required. (1) Bail bond agents and agencies. (a) No individual may act as a bail bond agent in this state unless the individual is a licensed agent and the bail bond is underwritten by a surety company authorized to do business in this state.

(b) No business may act as a bail bond agency in this state unless the business is a licensed agency and the bail bond is underwritten by a surety company authorized to do business in this state.

(c) A licensed agent or licensed agency may be compensated to act as a surety for a bail bond under ch. 969 only in an action brought in Dane, Kenosha, Milwaukee, Racine, or Waukesha county. This paragraph does not apply after the last day of the 60th month beginning after the effective date of this paragraph .... [LRB inserts date].

(2) Bail recovery agents. Except as provided in s. 440.288 (1) (c), no individual may act as a bail recovery agent in this state unless the individual is a certified bail recovery agent.

20,2187i Section 2187i. 440.282 of the statutes is created to read:

440.282 Licensure of bail bond agents and agencies; bail recovery agent certification. (1) Bail bond agents. The department shall grant a license to act as a bail bond agent to an individual if the department determines that all of the following requirements are met:

(a) The individual submits an application for the license to the department on a form prescribed by the department. The application shall include the individual's name and address, a recent photograph of the individual, and any other information required by the department by rule.

(b) The individual satisfies the education, training, and examination requirements established by the department by rule.

(d) The individual pays an initial licensure fee of $1,000.

(e) The individual satisfies any other requirements established by the department by rule.

(2) Bail bond agencies. The department shall grant a license to act as a bail bond agency to a business if the department determines that all of the following requirements are met:

(a) The business submits an application to the department on a form prescribed by the department. The application shall include the business's name and address, the name and addresses of the business representatives of the business and any bail bond agents who are employed by the business, and any other information required by the department by rule.

(b) The business has at least one business representative who is a licensed agent.

(d) The business satisfies any other requirements established by the department by rule.

(3) Bail recovery agents. The department shall grant a certification to act as a bail recovery agent to an individual if the department determines that all of the following requirements are met:

(a) The individual submits an application for certification to the department on a form prescribed by the department. The application shall include the individual's name and address, a recent photograph of the individual, and any other information required by the department by rule.

(b) The individual is a private detective who is licensed under s. 440.26 (2) (a) 2.

(c) The individual satisfies the education, training, and examination requirements established by the department by rule.

(d) Subject to ss. 111.321, 111.322, and 111.335, the individual does not have an arrest or conviction record.

(e) The individual satisfies any other requirements established by the department by rule.

(4) Renewal. (a) The renewal dates for licenses granted under subs. (1) and (2) and certifications granted under sub. (3) are specified in s. 440.08 (2) (a) 15e., 15g., and 15j. A renewal application shall be submitted to the department on a form prescribed by the department and shall include any information required by the department by rule.

(b) The renewal application for a licensed agent or a licensed agency shall include a renewal fee of $1,000.

20,2187j Section 2187j. 440.283 of the statutes is created to read:

440.283 Information concerning licensed agents, licensed agencies, and certified bail recovery agents. (1) Register. The department shall compile and keep current a register of the names and addresses of all licensed agents, licensed agencies, and certified bail recovery agents. The department shall make that register available for public inspection during the times specified in s. 230.35 (4) (a). The department may also make the register available to the public on an Internet site maintained by the department.

(2) Register provided to court clerks. Annually, the department shall provide a complete copy of the register kept under sub. (1) to the clerk of circuit court in each county.

(3) Notice of disciplinary action. The department shall promptly notify the clerk of circuit court in each county concerning any action taken by the department under. s. 440.287 (2) against a licensed agent, licensed agency, or certified bail recovery agent.

20,2187k Section 2187k. 440.284 of the statutes is created to read:

440.284 Bond or liability policy required. (1) Licensed agencies. Each licensed agency shall file with the department a bond or liability policy, approved by the department, in an amount determined by the department by rule that covers all licensed agents of the agency.

(2) Licensed agents. Each licensed agent who is not included under a bond or liability policy under sub. (1) shall file with the department a bond or liability policy, approved by the department, in an amount determined by the department by rule.

20,2187L Section 2187L. 440.285 of the statutes is created to read:

440.285 Restriction on business referrals. (1) No licensed agent, licensed agency, or certified bail recovery agent, and no agent or employee of a licensed agent, licensed agency, or certified bail recovery agent, may, in the course of its business, suggest in any manner that a principal or prospective principal contact or engage the services of any attorney or law firm.

(2) No law enforcement officer or other employee of the state or of a city, village, town, or county may suggest in any manner that a defendant contact or engage the services of any bail bond agent or bail bond agency.

20,2187m Section 2187m. 440.286 of the statutes is created to read:

440.286 Advisory committee. (1) The department shall establish and, except as provided under sub. (2) (a) 5., appoint an advisory committee under s. 440.042 to advise the department on matters relating to the regulation of bail bond agents, bail bond agencies, and bail recovery agents.

(2) (a) The committee shall consist of the following 7 members:

1. One private criminal defense attorney licensed to practice law in this state.

2. One current or former law enforcement officer.

3. One current or former judge for the circuit court of any county in this state.

4. One member of the public who is a resident of this state and who is not a current or former law enforcement officer.

5. One member of the state legislature, who, notwithstanding s. 440.042 (1), shall be nominated by the governor and appointed with the advice and consent of the senate.

6. Two representatives of the bail bond industry in this state.

(b) The members of the committee shall be appointed for 3-year terms. No member may serve more than 2 consecutive terms.

20,2187n Section 2187n. 440.287 of the statutes is created to read:

440.287 Disciplinary proceedings and actions. (1) Investigations and hearings. Subject to the rules promulgated under s. 440.03 (1), the department may conduct investigations and hearings to determine whether a violation of ss. 440.281 to 440.285 or any rule promulgated under s. 440.288 or a violation of any other law of this state, law of another state, or federal law that substantially relates to the activity of a bail bond agent, bail bond agency, or bail recovery agent has occurred.

(2) Penalties. (a) Subject to the rules promulgated under s. 440.03 (1), the department may reprimand a licensed agent, licensed agency, or certified bail recovery agent or deny, limit, suspend, or revoke a license or certification granted under s. 440.282 if the department finds that an applicant for licensure or certification, a licensed agent, licensed agency, or certified bail recovery agent has done any of the following:

1. Intentionally made a material misstatement in an application for a license or license renewal or a certification or certification renewal.

2. Advertised in a manner that is false or misleading.

3. Obtained or attempted to obtain compensation through fraud or deceit.

4. Violated ss. 440.281 to 440.285 or any rule promulgated under s. 440.288 or violated any other law of this state, law of another state, or federal law that substantially relates to the activity of a bail bond agent, bail bond agency, or bail recovery agent.

5. Engaged in unprofessional conduct.

(b) In addition to or in lieu of a reprimand or other action under par. (a), the department may establish by rule other penalties, including a forfeiture not to exceed $5,000 for each violation, for a violation under par. (a).

20,2187o Section 2187o. 440.288 of the statutes is created to read:

440.288 Rules. (1) The department shall promulgate rules necessary to administer ss. 440.28 to 440.287, including rules that do all of the following:

(a) Establish photograph identification requirements for licensed agents and certified bail recovery agents.

(b) Establish rules of conduct for licensed agents, licensed agencies, and certified bail recovery agents, including rules that do all of the following:

1. Prohibit the use or display of badges, shields, or any other similar images or items normally associated with law enforcement officers.

2. Require contact with appropriate local law enforcement officers or other officials before an attempt is made to apprehend a principal.

3. Establish other requirements concerning the location, apprehension, transportation, and surrender of principals.

(c) Establish procedures for the temporary certification in this state of bail recovery agents from other states. The department may enter into reciprocal agreements with other states concerning the activities of bail bond agents, bail bond agencies, and bail recovery agents in the respective states.

(d) Establish education, training, examination, and other requirements for the initial licensure of bail bond agents and the initial certification of bail recovery agents and establish continuing education, training, and other requirements for the renewal of those licenses and certifications.

(2) In promulgating rules under this section, the department shall consult federal law and the laws of other states concerning the licensure requirements that exist under those laws for bail bond agents, bail bond agencies, and bail recovery agents. The department shall attempt to make the requirements it establishes in rules promulgated under this section consistent with those laws.