Bill Text: NY S03642 | 2019-2020 | General Assembly | Introduced
Bill Title: Relates to licensing requirements for bail bond agents; requires additional course instruction and other pre-requisites to licensure.
Spectrum: Bipartisan Bill
Status: (Introduced - Dead) 2020-01-08 - REFERRED TO INSURANCE [S03642 Detail]
Download: New_York-2019-S03642-Introduced.html
STATE OF NEW YORK ________________________________________________________________________ 3642 2019-2020 Regular Sessions IN SENATE February 11, 2019 ___________ Introduced by Sens. BRESLIN, SEWARD -- read twice and ordered printed, and when printed to be committed to the Committee on Insurance 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-16ing his fingerprints,] that he or she 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 EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD09813-01-9S. 3642 2 1 thirty-five of the education law, and may be submitted to the federal 2 bureau of investigation for a national criminal history record check. 3 (g-1) Every applicant shall have successfully completed a twenty-four 4 hour pre-licensing course of classroom instruction. Such course shall 5 include information specifying: the requirements for licensure; relevant 6 state laws concerning bail bondsmen including insurance law; criminal 7 procedure law and general business law; bond posting procedures in the 8 various counties within the state; requirements for undertaking an affi- 9 davit; release orders; bond fees and related costs and expenses; 10 elements of bail contracts; legal requirements for operating a bail bond 11 agency; court practices and procedures; statutes relating to forfei- 12 tures; statutes relating to bail enforcement; safety procedures and 13 recommended practices for enforcement; and current rules and regulations 14 of the department of financial services regarding bail agents. 15 (h) In order to determine the competence of each applicant for a 16 license or a sublicense, the superintendent shall require every appli- 17 cant to [pass to the satisfaction of the superintendent] achieve a score 18 of at least seventy-five percent on a written examination to be prepared 19 by the superintendent and appropriate to the doing of a bail business. 20 If the applicant or any proposed sublicensee intends to maintain an 21 office or solicit, negotiate, effectuate or deposit bail on behalf of 22 another in any city containing a population of more than one hundred 23 seventy-five thousand, such written examination may inquire into the 24 applicant's knowledge of the pertinent provisions of the criminal proce- 25 dure law and the pertinent rules and practices of the courts and 26 district attorneys' offices within the area of the applicant's proposed 27 operations. Such examination shall be held at such times and places as 28 the superintendent shall determine. 29 (j) Every applicant for any such license shall file with the super- 30 intendent, at the time of application, a qualifying bond, approved by 31 the attorney general as to form and by the superintendent as to suffi- 32 ciency, in a penalty of five thousand dollars, conditioned upon the 33 faithful performance of the duties of such licensee. No such qualifying 34 bond shall be subject to termination or cancellation by either party in 35 less than sixty days after the giving of written notice to the other 36 party and to the superintendent. A termination or cancellation shall not 37 affect the liability of the surety or sureties on such bond incurred 38 prior to the effective date of such termination or cancellation. If 39 during the term of such bond such licensee shall be guilty of fraudulent 40 or dishonest conduct or other misconduct or malfeasance in his dealings 41 with any court or magistrate or with any person or corporation in 42 connection with any deposit or bail bond, the attorney general may main- 43 tain an action on such qualifying bond in the name of the people of this 44 state and either recover the full amount of the penalty or recover for 45 the use and benefit of the person or persons aggrieved, the amount of 46 loss or injury sustained by such person or persons by reason of such 47 misconduct. No such recovery or recoveries shall exceed in the aggregate 48 five thousand dollars, exclusive of interest and costs. 49 (m) Every license issued to an officer, employee, or agent of an 50 insurer or charitable bail organization doing a bail business pursuant 51 to this section shall be for a term expiring on the thirty-first day of 52 December of even numbered years and may be renewed for the ensuing two 53 calendar years upon the filing of a renewal application and the 54 completion of twelve hours of instruction consisting of courses intended 55 to update or reinforce the materials and information presented in 56 accordance with the provisions of subsection (g-1) of this section. TheS. 3642 3 1 superintendent may refuse to issue any such license if in the super- 2 intendent's judgment such refusal will best promote the interests of the 3 people of this state. Every such licensee and sublicensee shall file an 4 information statement on or before the thirty-first day of December of 5 each even numbered year, the form and subject matter of which may be 6 prescribed by the superintendent. 7 § 2. This act shall take effect on the ninetieth day after it shall 8 have become a law and shall apply to licenses issued and renewed on and 9 after such date.
