Bill Text: NY A10652 | 2017-2018 | General Assembly | Introduced


Bill Title: Relates to licensing requirements for bail bond agents; requires additional course instruction and other pre-requisites to licensure.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2018-05-10 - referred to codes [A10652 Detail]

Download: New_York-2017-A10652-Introduced.html


                STATE OF NEW YORK
        ________________________________________________________________________
                                          10652
                   IN ASSEMBLY
                                      May 10, 2018
                                       ___________
        Introduced by M. of A. HOOPER -- read once and referred to the Committee
          on Codes
        AN ACT to amend the insurance law, in relation to licensing of bail bond
          agents
          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:
     1    Section 1. Subsections (c), (g), (h), (j) and (m) of section  6802  of
     2  the  insurance  law, subsections (c), (h) and (m) as amended by  chapter
     3  181 of the laws of 2012, subsection (g) as amended by chapter 164 of the
     4  laws of 2003, are amended and a new subsection (g-1) is added to read as
     5  follows:
     6    (c) The superintendent  [may,  in  the  superintendent's  discretion,]
     7  shall  issue  to  any person, firm or corporation a license to act as an
     8  agent of an authorized  insurer  or  charitable  bail  organization,  in
     9  soliciting, negotiating or effectuating any such deposit or bail bond by
    10  such  insurer  or any such deposit by such charitable bail organization,
    11  if such person meets the requirements for  licensure  pursuant  to  this
    12  section.
    13    (g) Every applicant for a license hereunder shall file with the super-
    14  intendent  written  evidence by those who know his character and reputa-
    15  tion and by such other proof as the superintendent may require, [includ-
    16  ing his fingerprints,] that  he  is  a  person  of  good  character  and
    17  reputation  and  has never been convicted of any offense involving moral
    18  turpitude or of any crime. If such applicant is a  firm  or  corporation
    19  such proof must be made with respect to every member, shareholder, offi-
    20  cer  and  director  of  such  firm or corporation.   Every applicant for
    21  licensure and for renewal of a license shall submit his or  her  finger-
    22  prints  to  the  superintendent. Such fingerprints shall be submitted to
    23  the division of criminal justice services for a state  criminal  history
    24  record  check,  as  defined in subdivision one of section three thousand
    25  thirty-five of the education law, and may be submitted  to  the  federal
    26  bureau of investigation for a national criminal history record check.
    27    (g-1)  Every  applicant shall have successfully have completed a twen-
    28  ty-four hour pre-licensing course of classroom instruction. Such  course
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD14223-01-8

        A. 10652                            2
     1  shall  include  information  specifying: the requirements for licensure;
     2  relevant state laws concerning bail bondsmen  including  insurance  law;
     3  criminal procedure law and general business law; bond posting procedures
     4  in  the  various counties within the state; requirements for undertaking
     5  an affidavit; release orders; bond fees and related costs and  expenses;
     6  elements of bail contracts; legal requirements for operating a bail bond
     7  agency;  court  practices  and  procedures; statutes relating to forfei-
     8  tures; statutes relating to  bail  enforcement;  safety  procedures  and
     9  recommended practices for enforcement; and current rules and regulations
    10  of the department of financial services regarding bail agents.
    11    (h)  In  order  to  determine  the  competence of each applicant for a
    12  license or a sublicense, the superintendent shall require  every  appli-
    13  cant to [pass to the satisfaction of the superintendent] achieve a score
    14  of at least seventy-five percent on a written examination to be prepared
    15  by  the  superintendent and appropriate to the doing of a bail business.
    16  If the applicant or any proposed  sublicensee  intends  to  maintain  an
    17  office  or  solicit,  negotiate, effectuate or deposit bail on behalf of
    18  another in any city containing a population of  more  than  one  hundred
    19  seventy-five  thousand,  such  written  examination may inquire into the
    20  applicant's knowledge of the pertinent provisions of the criminal proce-
    21  dure law and the  pertinent  rules  and  practices  of  the  courts  and
    22  district  attorneys' offices within the area of the applicant's proposed
    23  operations. Such examination shall be held at such times and  places  as
    24  the superintendent shall determine.
    25    (j)  Every  applicant  for any such license shall file with the super-
    26  intendent, at the time of application, a qualifying  bond,  approved  by
    27  the  attorney  general as to form and by the superintendent as to suffi-
    28  ciency, in a penalty of five  thousand  dollars,  conditioned  upon  the
    29  faithful  performance of the duties of such licensee. No such qualifying
    30  bond shall be subject to termination or cancellation by either party  in
    31  less  than  sixty  days  after the giving of written notice to the other
    32  party and to the superintendent. A termination or cancellation shall not
    33  affect the liability of the surety or sureties  on  such  bond  incurred
    34  prior  to  the  effective  date  of such termination or cancellation. If
    35  during the term of such bond such licensee shall be guilty of fraudulent
    36  or dishonest conduct or other misconduct or malfeasance in his  dealings
    37  with  any  court  or  magistrate  or  with  any person or corporation in
    38  connection with any deposit or bail bond, the attorney general may main-
    39  tain an action on such qualifying bond in the name of the people of this
    40  state and either recover the full amount of the penalty or  recover  for
    41  the  use  and  benefit of the person or persons aggrieved, the amount of
    42  loss or injury sustained by such person or persons  by  reason  of  such
    43  misconduct. No such recovery or recoveries shall exceed in the aggregate
    44  five thousand dollars, exclusive of interest and costs.
    45    (m)  Every  license  issued  to  an  officer, employee, or agent of an
    46  insurer or charitable bail organization doing a bail  business  pursuant
    47  to  this section shall be for a term expiring on the thirty-first day of
    48  December of even numbered years and may be renewed for the  ensuing  two
    49  calendar  years  upon  the  filing  of  a  renewal  application  and the
    50  completion of twelve hours of instruction consisting of courses intended
    51  to update or  reinforce  the  materials  and  information  presented  in
    52  accordance  with the provisions of subsection (g-1) of this section. The
    53  superintendent may refuse to issue any such license  if  in  the  super-
    54  intendent's judgment such refusal will best promote the interests of the
    55  people  of this state. Every such licensee and sublicensee shall file an
    56  information statement on or before the thirty-first day of  December  of

        A. 10652                            3
     1  each  even  numbered  year,  the form and subject matter of which may be
     2  prescribed by the superintendent.
     3    §  2.  This  act shall take effect on the ninetieth day after it shall
     4  have become a law and shall apply to licenses issued and renewed on  and
     5  after such date.
feedback