Bill Text: NY S08144 | 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 (Republican 1-0)
Status: (Introduced - Dead) 2018-06-20 - COMMITTED TO RULES [S08144 Detail]
Download: New_York-2017-S08144-Introduced.html
STATE OF NEW YORK ________________________________________________________________________ 8144 IN SENATE April 6, 2018 ___________ Introduced by Sen. 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 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. LBD14223-01-8S. 8144 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 ofS. 8144 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.
