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A08352 Summary:

BILL NOA08352
 
SAME ASSAME AS S07755
 
SPONSORWeprin
 
COSPNSRTaylor
 
MLTSPNSR
 
Amd §6802, Ins L
 
Relates to licensing requirements for bail bond agents; requires additional course instruction and other prerequisites to licensure.
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A08352 Actions:

BILL NOA08352
 
12/13/2023referred to codes
01/03/2024referred to codes
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A08352 Text:



 
                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.
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