AB383: Bill Text

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:

AB383,8,2 62.09 (9) (f) The treasurer may in writing, filed in the office of the clerk, appoint a deputy who shall act under the treasurer's direction and in the treasurer's absence or disability, or in case of a vacancy shall perform the treasurer's duties. The deputy shall receive such compensation as the council shall provide. The acts of such deputy shall be covered by official bond, if one is required under sub. (4) (b), as the council shall direct.

AB383, s. 19 Section 19. 62.09 (10) (h) of the statutes is amended to read:

AB383,8,9 62.09 (10) (h) The comptroller may in writing, filed in the office of the clerk, appoint a deputy who shall act under the comptroller's direction and in the comptroller's absence or disability, or in case of a vacancy shall perform the comptroller's duties. The deputy shall receive such compensation as the council provides. The acts of such deputy shall be covered by official bond , if one is required under sub. (4) (b), as the council directs.

AB383, s. 20 Section 20. 62.09 (11) (i) of the statutes is amended to read:

AB383,8,16 62.09 (11) (i) The clerk may in writing filed in the clerk's office appoint a deputy, who shall act under the clerk's direction, and in the clerk's absence or disability or in case of a vacancy shall perform the clerk's duties, and shall have power to administer oaths and affirmations. The deputy shall receive such compensation as the council shall provide. The clerk and the clerk's sureties shall be liable on the clerk's official bond, if one is required under sub (4). (b), for the acts of such deputy.

AB383, s. 21 Section 21. 66.12 (1) (b) of the statutes is amended to read:

AB383,9,21 66.12 (1) (b) Local ordinances, except as provided in this paragraph or ss. 345.20 to 345.53, may contain a provision for stipulation of guilt or no contest of any or all violations under those ordinances, and may designate the manner in which the stipulation is to be made and fix the penalty to be paid. When a person charged with a violation for which stipulation of guilt or no contest is authorized makes a timely stipulation and pays the required penalty and pays the penalty assessment imposed by s. 165.87, the jail assessment imposed by s. 302.46 (1), the crime laboratories and drug law enforcement assessment imposed by s. 165.755 and any applicable domestic abuse assessment imposed by s. 973.055 (1) to the designated official, the person need not appear in court and no witness fees or other additional costs may be taxed unless the local ordinance so provides. A court appearance is required for a violation of a local ordinance in conformity with s. 346.63 (1). The official receiving the penalties shall remit all moneys collected to the treasurer of the city, village, town sanitary district or public inland lake protection and rehabilitation district in whose behalf the sum was paid, except that all jail assessments shall be remitted to the county treasurer, within 20 days after its receipt by him or her; and in case of any failure in the payment, the treasurer may collect the payment of the officer by action, in the name of the office, and upon the official bond of the officer if such a bond exists, with interest at the rate of 12% per year from the time when it should have been paid. In the case of the penalty assessment imposed by s. 165.87, the crime laboratories and drug law enforcement assessment imposed by s. 165.755, the driver improvement surcharge imposed by s. 346.655 (1) and any applicable domestic abuse assessment imposed by s. 973.055 (1), the treasurer of the city, village, town sanitary district or public inland lake protection and rehabilitation district shall remit to the state treasurer the sum required by law to be paid on the actions so entered during the preceding month on or before the first day of the next succeeding month. The governing body of the city, village, town sanitary district or public inland lake protection and rehabilitation district shall by ordinance designate the official to receive the penalties and the terms under which the official shall qualify.

AB383, s. 22 Section 22. 66.23 (8) of the statutes is amended to read:

AB383,9,25 66.23 (8) The treasurer of the city, village or town having the largest equalized valuation within the district shall act as treasurer of the district, shall receive such additional compensation therefor as the commission may determine, and shall at the expense of the district furnish such bond, or additional bond, as the commission may require. Such treasurer shall keep all moneys of the district in a separate fund to be disposed of only upon order of the commission signed by the president and secretary.

AB383, s. 23 Section 23. 66.39 (5) (c) of the statutes is amended to read:

AB383,10,19 66.39 (5) (c) At the first meeting of the commissioners after their appointment, they shall select one of their members as chairperson and one as secretary. The county treasurer shall be the treasurer of the board. The If bonded, the official bond of the county treasurer shall extend to cover funds of the authority that may be placed in the charge of the county treasurer and if the treasurer is not bonded, he or she shall obtain bonding to cover such funds. The county treasurer shall disburse money of the authority only upon direction of the commissioners. The county treasurer shall receive no compensation for services as treasurer of the board, but shall be entitled to necessary expenses, including traveling expenses incurred in the discharge of the duties of treasurer of the board. When the office of chairperson or secretary of the commissioners becomes vacant for any reason, the commissioners shall select a new chairperson or secretary as the case may be. The commissioners may employ technical experts, and such other officers, agents and employes, permanent or temporary, as it may require, and may call upon the district attorney of the county for such legal services as it may require.

AB383, s. 24 Section 24. 70.67 (1) of the statutes is amended to read:

AB383,11,12 70.67 (1) The treasurer of each town, city or village shall, unless exempted under sub. (2) or unless the treasurer is not required to execute a bond by the governing body for which he or she serves as treasurer, execute and deliver to the county treasurer a bond, with sureties, to be approved, in case of a town treasurer, by the chairperson of the town, and in case of a city or village treasurer by the county treasurer, conditioned for the faithful performance of the duties of the office and that the treasurer will account for and pay over according to law all taxes of any kind which are received and which are required to be paid to the county treasurer. If such bond is executed, or the condition thereof guaranteed by personal sureties, the amount of the bonds shall be double the amount of state and county taxes apportioned to the town, village or city, provided that the amount of such bond shall not exceed the sum of $500,000. When such bond is executed, or the condition thereof guaranteed, solely by a surety company as provided in s. 632.17 (2), such bond shall be in a sum equal to the amount of such state and county taxes, provided that the amount of such bond shall not exceed the sum of $250,000. The county treasurer shall give to said town, city or village treasurer a receipt for said bond, and file and safely keep said bond in the office.

AB383, s. 25 Section 25. 70.67 (2) of the statutes is amended to read:

AB383,12,10 70.67 (2) The treasurer of any municipality shall not be required to give such bond if the governing body thereof of a city, village or town shall by ordinance obligate such the municipality to pay, in case the treasurer thereof of the municipality shall fail so to do, all taxes of any kind required by law to be paid by such the municipal treasurer to the county treasurer. Such If the governing body of a municipality does not require its treasurer to be bonded, the municipality shall by ordinance obligate the municipality to pay, in case the treasurer of the municipality shall fail so to do, all taxes of any kind required by law to be paid by the municipal treasurer to the county treasurer. A governing body is authorized to so obligate such the municipality. If the governing body of the municipality has adopted an ordinance as specified in this subsection, it may demand from its treasurer, in addition to the official bond that may be required of all municipal treasurers, a fidelity or surety bond in an amount and upon such terms as may be determined by the governing body. Such The bond shall run to the town or village board or the city council, as the case may be, and shall be delivered to the clerk of the municipality. A certified copy of such the ordinance filed with the county treasurer shall be accepted by the county treasurer in lieu of the bond required by sub. (1). Such The ordinance shall remain in effect until a certified copy of its repeal shall be is filed with the county clerk and the county treasurer. The official bond executed pursuant to s. 19.01, required of municipal treasurers, shall extend to and include the liability incurred by any town, city or village whose governing board shall adopt and certify to the county treasurer an ordinance in accordance with this subsection.

AB383, s. 26 Section 26. 74.45 (2) of the statutes is amended to read:

AB383,12,21 74.45 (2) Endorsement of taxation district treasurer's bond. After the taxation district treasurer has fulfilled the requirements for settlement with the county under s. 74.25 or 74.30, the county treasurer if requested to do so, shall endorse the bond of the taxation district treasurer executed under s. 70.67 (1) or (2) as satisfied and paid. The endorsement fully discharges the taxation district treasurer and his or her sureties from the obligations of the bond, unless the return of the taxation district treasurer under s. 74.43 is false. If the return is false, the bond continues in force and the taxation district treasurer and his or her sureties are subject to action upon the bond for all deficiencies and damages resulting from the false return.

AB383, s. 27 Section 27. 75.07 (2) (c) of the statutes is amended to read:

AB383,13,10 75.07 (2) (c) Any county treasurer who shall wilfully refuse or neglect to perform any duty required by this section or who shall keep back and not report any unredeemed lands for the purpose of evading its provisions shall forfeit the full amount of the penalty of the treasurer's bond or official bond, one half of which, when collected, shall be paid to the person prosecuting therefor and the residue into the treasury of the state for the use of the school fund; provided further, that no county treasurer shall be liable to any penalty for causing such publication to be made in a weekly newspaper published in such county for the length of time hereinbefore named prior to the date of the treasurer's notice, when by reason of accident or other cause more than one week has intervened between the dates of the actual issue of such newspaper to subscribers, if such delay at any one time shall not have exceeded 3 days; but every such newspaper, for the purpose of this section shall be deemed to have been regularly published once in each week as hereinbefore provided.

AB383,13,11 (End)