AB40-ASA1,2179t 17Section 2179t. 440.03 (13) (b) 12g. of the statutes is created to read:
AB40-ASA1,1147,1818 440.03 (13) (b) 12g. Bail bond agent.
AB40-ASA1,2179w 19Section 2179w. 440.03 (13) (b) 12r. of the statutes is created to read:
AB40-ASA1,1147,2020 440.03 (13) (b) 12r. Bail recovery agent.
AB40-ASA1,2180 21Section 2180. 440.03 (13) (b) 29. of the statutes is repealed.
AB40-ASA1,2181 22Section 2181. 440.03 (13) (b) 57m. of the statutes is repealed.
AB40-ASA1,2182 23Section 2182. 440.03 (13) (b) 58. of the statutes is repealed.
AB40-ASA1,2182m 24Section 2182m. 440.04 (6) of the statutes is amended to read:
AB40-ASA1,1148,5
1440.04 (6) Appoint outside the classified service an administrator for any
2division established in the department and a director for any bureau established in
3the department
as authorized in s. 230.08 (2). The secretary may assign any bureau
4director appointed in accordance with this subsection to serve concurrently as a
5bureau director and a division administrator
(e) 11m.
AB40-ASA1,2183 6Section 2183. 440.05 (intro.) of the statutes is amended to read:
AB40-ASA1,1148,9 7440.05 Standard fees. (intro.) The following standard fees apply to all initial
8credentials, except as provided in ss. 440.42, 440.43, 440.44, 440.51, 444.03, 444.11,
9446.02 (2) (c), 447.04 (2) (c) 2., 449.17 (1m) (d), and 449.18 (2) (d):
AB40-ASA1,2183d 10Section 2183d. 440.05 (2) (a) of the statutes is amended to read:
AB40-ASA1,1148,1711 440.05 (2) (a) Reciprocal credential, including any credential described in s.
12440.01 (2) (d) and any credential that permits temporary practice in this state in
13whole or in part because the person holds a credential in another jurisdiction: Except
14as provided in par. (b), the applicable credential renewal fee determined by the
15department under s. 440.03 (9) (a) or, for licenses granted under subch. II of ch. 459,
16the renewal fee specified in s. 459.24 (5) (a),
and, if an examination is required, an
17examination fee under sub. (1).
AB40-ASA1,2183e 18Section 2183e. 440.08 (2) (a) 15e. of the statutes is created to read:
AB40-ASA1,1148,1919 440.08 (2) (a) 15e. Bail bond agency: December 1 of each odd-numbered year.
AB40-ASA1,2183m 20Section 2183m. 440.08 (2) (a) 15g. of the statutes is created to read:
AB40-ASA1,1148,2121 440.08 (2) (a) 15g. Bail bond agent: December 1 of each even-numbered year.
AB40-ASA1,2183s 22Section 2183s. 440.08 (2) (a) 15j. of the statutes is created to read:
AB40-ASA1,1148,2423 440.08 (2) (a) 15j. Bail recovery agent: September 1 of each even-numbered
24year.
AB40-ASA1,2184 25Section 2184. 440.08 (2) (a) 23m. of the statutes is repealed.
AB40-ASA1,2185
1Section 2185. 440.08 (2) (a) 35m. of the statutes is repealed.
AB40-ASA1,2186 2Section 2186. 440.08 (2) (a) 63p. of the statutes is repealed.
AB40-ASA1,2187 3Section 2187. 440.08 (2) (a) 63t. of the statutes is repealed.
AB40-ASA1,2187am 4Section 2187am. 440.08 (2) (c) of the statutes is amended to read:
AB40-ASA1,1149,85 440.08 (2) (c) Except as provided in sub. (3), renewal applications shall include
6the applicable renewal fee as determined by the department under s. 440.03 (9) (a)
7or as specified in par. (b) or, for licenses granted under subch. II of ch. 459, the
8renewal fee specified in s. 459.24 (5) (a)
.
AB40-ASA1,2187b 9Section 2187b. 440.08 (3) (a) of the statutes is amended to read:
AB40-ASA1,1149,1510 440.08 (3) (a) Except as provided in rules promulgated under par. (b), if the
11department does not receive an application to renew a credential before its renewal
12date, the holder of the credential may restore the credential by payment of the
13applicable renewal fee determined by the department under s. 440.03 (9) (a) or, for
14licenses granted under subch. II of ch. 459, the renewal fee specified in s. 459.24 (5)
15(a),
and by payment of a late renewal fee of $25.
AB40-ASA1,2187c 16Section 2187c. Subchapter II (title) of chapter 440 [precedes 440.26] of the
17statutes is amended to read:
AB40-ASA1,1149,1818 CHAPTER 440
AB40-ASA1,1149,1919 SUBCHAPTER II
AB40-ASA1,1149,2220 PRIVATE DETECTIVES, PRIVATE
21 SECURITY PERSONS, BAIL BOND
22 AGENTS, AND BAIL RECOVERY AGENTS
AB40-ASA1,2187g 23Section 2187g. 440.28 of the statutes is created to read:
AB40-ASA1,1149,24 24440.28 Definitions. In this section and ss. 440.281 to 440.288:
AB40-ASA1,1149,25 25(1) "Bail bond" means a bond executed under ch. 969.
AB40-ASA1,1150,2
1(2) "Bail bond agency" means a business that is compensated to act as a surety
2for a bail bond under ch. 969.
AB40-ASA1,1150,4 3(3) "Bail bond agent" means an individual who is compensated to act as a surety
4for a bail bond under ch. 969.
AB40-ASA1,1150,6 5(4) "Bail recovery agent" means an individual who is compensated to locate,
6apprehend, transport, or surrender a principal.
AB40-ASA1,1150,8 7(5) "Business" means a sole proprietorship, partnership, limited liability
8company, joint venture, or corporation.
AB40-ASA1,1150,10 9(6) "Business representative" means an owner, officer, director, manager,
10member, partner, or other agent of a business.
AB40-ASA1,1150,12 11(7) "Certified bail recovery agent" means an individual who is certified under
12s. 440.282 (3).
AB40-ASA1,1150,13 13(8) "Law enforcement officer" has the meaning given in s.165.85 (2) (c).
AB40-ASA1,1150,14 14(9) "Licensed agency" means a business that is licensed under s. 440.282 (2).
AB40-ASA1,1150,15 15(10) "Licensed agent" means an individual who is licensed under s. 440.282 (1).
AB40-ASA1,1150,17 16(11) "Principal" means a defendant who is released on a bail bond under ch.
17969.
AB40-ASA1,2187h 18Section 2187h. 440.281 of the statutes is created to read:
AB40-ASA1,1150,22 19440.281 License or certification required. (1) Bail bond agents and
20agencies.
(a) No individual may act as a bail bond agent in this state unless the
21individual is a licensed agent and the bail bond is underwritten by a surety company
22authorized to do business in this state.
AB40-ASA1,1150,2523 (b) No business may act as a bail bond agency in this state unless the business
24is a licensed agency and the bail bond is underwritten by a surety company
25authorized to do business in this state.
AB40-ASA1,1151,5
1(c) A licensed agent or licensed agency may be compensated to act as a surety
2for a bail bond under ch. 969 only in an action brought in Dane, Kenosha, Milwaukee,
3Racine, or Waukesha county. This paragraph does not apply after the last day of the
460th month beginning after the effective date of this paragraph .... [LRB inserts
5date].
AB40-ASA1,1151,8 6(2) Bail recovery agents. Except as provided in s. 440.288 (1) (c), no individual
7may act as a bail recovery agent in this state unless the individual is a certified bail
8recovery agent.
AB40-ASA1,2187i 9Section 2187i. 440.282 of the statutes is created to read:
AB40-ASA1,1151,13 10440.282 Licensure of bail bond agents and agencies; bail recovery
11agent certification. (1)
Bail bond agents. The department shall grant a
12license to act as a bail bond agent to an individual if the department determines
13that all of the following requirements are met:
AB40-ASA1,1151,1714 (a) The individual submits an application for the license to the department
15on a form prescribed by the department. The application shall include the
16individual's name and address, a recent photograph of the individual, and any
17other information required by the department by rule.
AB40-ASA1,1151,1918 (b) The individual satisfies the education, training, and examination
19requirements established by the department by rule.
AB40-ASA1,1151,2120 (c) Subject to ss. 111.321, 111.322, and 111.335, the individual does not have
21an arrest or conviction record.
AB40-ASA1,1151,2222 (d) The individual pays an initial licensure fee of $1,000.
AB40-ASA1,1151,2423 (e) The individual satisfies any other requirements established by the
24department by rule.
AB40-ASA1,1152,3
1(2) Bail bond agencies. The department shall grant a license to act as a
2bail bond agency to a business if the department determines that all of the
3following requirements are met:
AB40-ASA1,1152,84 (a) The business submits an application to the department on a form
5prescribed by the department. The application shall include the business's name
6and address, the name and addresses of the business representatives of the
7business and any bail bond agents who are employed by the business, and any
8other information required by the department by rule.
AB40-ASA1,1152,109 (b) The business has at least one business representative who is a licensed
10agent.
AB40-ASA1,1152,1111 (c) The business pays the initial credential fee of $1,000.
AB40-ASA1,1152,1312 (d) The business satisfies any other requirements established by the
13department by rule.
AB40-ASA1,1152,16 14(3) Bail recovery agents. The department shall grant a certification to act
15as a bail recovery agent to an individual if the department determines that all of
16the following requirements are met:
AB40-ASA1,1152,2017 (a) The individual submits an application for certification to the department
18on a form prescribed by the department. The application shall include the
19individual's name and address, a recent photograph of the individual, and any
20other information required by the department by rule.
AB40-ASA1,1152,2221 (b) The individual is a private detective who is licensed under s. 440.26 (2)
22(a) 2.
AB40-ASA1,1152,2423 (c) The individual satisfies the education, training, and examination
24requirements established by the department by rule.
AB40-ASA1,1153,2
1(d) Subject to ss. 111.321, 111.322, and 111.335, the individual does not have
2an arrest or conviction record.
AB40-ASA1,1153,43 (e) The individual satisfies any other requirements established by the
4department by rule.
AB40-ASA1,1153,9 5(4) Renewal. (a) The renewal dates for licenses granted under subs. (1) and
6(2) and certifications granted under sub. (3) are specified in s. 440.08 (2) (a) 15e.,
715g., and 15j. A renewal application shall be submitted to the department on a
8form prescribed by the department and shall include any information required by
9the department by rule.
AB40-ASA1,1153,1110 (b) The renewal application for a licensed agent or a licensed agency shall
11include a renewal fee of $1,000.
AB40-ASA1,2187j 12Section 2187j. 440.283 of the statutes is created to read:
AB40-ASA1,1153,19 13440.283 Information concerning licensed agents, licensed agencies,
14and certified bail recovery agents. (1)
Register. The department shall
15compile and keep current a register of the names and addresses of all licensed
16agents, licensed agencies, and certified bail recovery agents. The department
17shall make that register available for public inspection during the times specified
18in s. 230.35 (4) (a). The department may also make the register available to the
19public on an Internet site maintained by the department.
AB40-ASA1,1153,22 20(2) Register provided to court clerks. Annually, the department shall
21provide a complete copy of the register kept under sub. (1) to the clerk of circuit
22court in each county.
AB40-ASA1,1154,2 23(3) Notice of disciplinary action. The department shall promptly notify
24the clerk of circuit court in each county concerning any action taken by the

1department under. s. 440.287 (2) against a licensed agent, licensed agency, or
2certified bail recovery agent.
AB40-ASA1,2187k 3Section 2187k. 440.284 of the statutes is created to read:
AB40-ASA1,1154,7 4440.284 Bond or liability policy required. (1) Licensed agencies. Each
5licensed agency shall file with the department a bond or liability policy, approved
6by the department, in an amount determined by the department by rule that
7covers all licensed agents of the agency.
AB40-ASA1,1154,11 8(2) Licensed agents. Each licensed agent who is not included under a bond
9or liability policy under sub. (1) shall file with the department a bond or liability
10policy, approved by the department, in an amount determined by the department
11by rule.
AB40-ASA1,2187L 12Section 2187L. 440.285 of the statutes is created to read:
AB40-ASA1,1154,17 13440.285 Restriction on business referrals. (1) No licensed agent,
14licensed agency, or certified bail recovery agent, and no agent or employee of a
15licensed agent, licensed agency, or certified bail recovery agent, may, in the course
16of its business, suggest in any manner that a principal or prospective principal
17contact or engage the services of any attorney or law firm.
AB40-ASA1,1154,20 18(2) No law enforcement officer or other employee of the state or of a city,
19village, town, or county may suggest in any manner that a defendant contact or
20engage the services of any bail bond agent or bail bond agency.
AB40-ASA1,2187m 21Section 2187m. 440.286 of the statutes is created to read:
AB40-ASA1,1154,25 22440.286 Advisory committee. (1) The department shall establish and,
23except as provided under sub. (2) (a) 5., appoint an advisory committee under s.
24440.042 to advise the department on matters relating to the regulation of bail
25bond agents, bail bond agencies, and bail recovery agents.
AB40-ASA1,1155,1
1(2) (a) The committee shall consist of the following 7 members:
AB40-ASA1,1155,22 1. One private criminal defense attorney licensed to practice law in this state.
AB40-ASA1,1155,33 2. One current or former law enforcement officer.
AB40-ASA1,1155,44 3. One current or former judge for the circuit court of any county in this state.
AB40-ASA1,1155,65 4. One member of the public who is a resident of this state and who is not a
6current or former law enforcement officer.
AB40-ASA1,1155,97 5. One member of the state legislature, who, notwithstanding s. 440.042 (1),
8shall be nominated by the governor and appointed with the advice and consent of the
9senate.
AB40-ASA1,1155,1010 6. Two representatives of the bail bond industry in this state.
AB40-ASA1,1155,1211 (b) The members of the committee shall be appointed for 3-year terms. No
12member may serve more than 2 consecutive terms.
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