STATE OF NEW YORK
________________________________________________________________________
8352
2023-2024 Regular Sessions
IN ASSEMBLY
December 13, 2023
___________
Introduced by M. of A. WEPRIN -- 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 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.
LBD13597-01-3
A. 8352 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. The
A. 8352 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.