S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   3642
 
                        2019-2020 Regular Sessions
 
                             I N  S E N A T E
 
                             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:

   Section  1.  Subsections (c), (g), (h), (j) and (m) of section 6802 of
 the insurance law, subsections (c), (h) and (m) as amended by    chapter
 181 of the laws of 2012, subsection (g) as amended by chapter 164 of the
 laws of 2003, are amended and a new subsection (g-1) is added to read as
 follows:
   (c)  The  superintendent  [may,  in  the superintendent's discretion,]
 SHALL issue to any person, firm or corporation a license to  act  as  an
 agent  of  an  authorized  insurer  or  charitable bail organization, in
 soliciting, negotiating or effectuating any such deposit or bail bond by
 such insurer or any such deposit by such charitable  bail  organization,
 IF  SUCH  PERSON  MEETS  THE REQUIREMENTS FOR LICENSURE PURSUANT TO THIS
 SECTION.
   (g) Every applicant for a license hereunder shall file with the super-
 intendent written evidence by those who know his character  and  reputa-
 tion and by such other proof as the superintendent may require, [includ-
 ing  his fingerprints,] that he OR SHE is a person of good character and
 reputation and has never been convicted of any offense  involving  moral
 turpitude  or  of  any crime. If such applicant is a firm or corporation
 such proof must be made with respect to every member, shareholder, offi-
 cer and director of such firm  or  corporation.    EVERY  APPLICANT  FOR
 LICENSURE  AND  FOR RENEWAL OF A LICENSE SHALL SUBMIT HIS OR HER FINGER-
 PRINTS TO THE SUPERINTENDENT. Such fingerprints shall  be  submitted  to
 the  division  of criminal justice services for a state criminal history
 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.
                                                            LBD09813-01-9
              

 S. 3642                             2
 
 thirty-five  of  the  education law, and may be submitted to the federal
 bureau of investigation for a national criminal history record check.
   (G-1)  EVERY APPLICANT SHALL HAVE SUCCESSFULLY COMPLETED A TWENTY-FOUR
 HOUR PRE-LICENSING COURSE OF CLASSROOM INSTRUCTION.  SUCH  COURSE  SHALL
 INCLUDE INFORMATION SPECIFYING: THE REQUIREMENTS FOR LICENSURE; RELEVANT
 STATE  LAWS  CONCERNING  BAIL BONDSMEN INCLUDING INSURANCE LAW; CRIMINAL
 PROCEDURE LAW AND GENERAL BUSINESS LAW; BOND POSTING PROCEDURES  IN  THE
 VARIOUS COUNTIES WITHIN THE STATE; REQUIREMENTS FOR UNDERTAKING AN AFFI-
 DAVIT;  RELEASE  ORDERS;  BOND  FEES  AND  RELATED  COSTS  AND EXPENSES;
 ELEMENTS OF BAIL CONTRACTS; LEGAL REQUIREMENTS FOR OPERATING A BAIL BOND
 AGENCY; COURT PRACTICES AND PROCEDURES;  STATUTES  RELATING  TO  FORFEI-
 TURES;  STATUTES  RELATING  TO  BAIL  ENFORCEMENT; SAFETY PROCEDURES AND
 RECOMMENDED PRACTICES FOR ENFORCEMENT; AND CURRENT RULES AND REGULATIONS
 OF THE DEPARTMENT OF FINANCIAL SERVICES REGARDING BAIL AGENTS.
   (h) In order to determine the  competence  of  each  applicant  for  a
 license  or  a sublicense, the superintendent shall require every appli-
 cant to [pass to the satisfaction of the superintendent] ACHIEVE A SCORE
 OF AT LEAST SEVENTY-FIVE PERCENT ON a written examination to be prepared
 by the superintendent and appropriate to the doing of a  bail  business.
 If  the  applicant  or  any  proposed sublicensee intends to maintain an
 office or solicit, negotiate, effectuate or deposit bail  on  behalf  of
 another  in  any  city  containing a population of more than one hundred
 seventy-five thousand, such written examination  may  inquire  into  the
 applicant's knowledge of the pertinent provisions of the criminal proce-
 dure  law  and  the  pertinent  rules  and  practices  of the courts and
 district attorneys' offices within the area of the applicant's  proposed
 operations.  Such  examination shall be held at such times and places as
 the superintendent shall determine.
   (j) Every applicant for any such license shall file  with  the  super-
 intendent,  AT  THE  TIME OF APPLICATION, a qualifying bond, approved by
 the attorney general as to form and by the superintendent as  to  suffi-
 ciency,  in  a  penalty  of  five thousand dollars, conditioned upon the
 faithful performance of the duties of such licensee. No such  qualifying
 bond  shall be subject to termination or cancellation by either party in
 less than sixty days after the giving of written  notice  to  the  other
 party and to the superintendent. A termination or cancellation shall not
 affect  the  liability  of  the surety or sureties on such bond incurred
 prior to the effective date of  such  termination  or  cancellation.  If
 during the term of such bond such licensee shall be guilty of fraudulent
 or  dishonest conduct or other misconduct or malfeasance in his dealings
 with any court or magistrate  or  with  any  person  or  corporation  in
 connection with any deposit or bail bond, the attorney general may main-
 tain an action on such qualifying bond in the name of the people of this
 state  and  either recover the full amount of the penalty or recover for
 the use and benefit of the person or persons aggrieved,  the  amount  of
 loss  or  injury  sustained  by such person or persons by reason of such
 misconduct. No such recovery or recoveries shall exceed in the aggregate
 five thousand dollars, exclusive of interest and costs.
   (m) Every license issued to an  officer,  employee,  or  agent  of  an
 insurer  or  charitable bail organization doing a bail business pursuant
 to this section shall be for a term expiring on the thirty-first day  of
 December  of  even numbered years and may be renewed for the ensuing two
 calendar years  upon  the  filing  of  a  renewal  application  AND  THE
 COMPLETION OF TWELVE HOURS OF INSTRUCTION CONSISTING OF COURSES INTENDED
 TO  UPDATE  OR  REINFORCE  THE  MATERIALS  AND  INFORMATION PRESENTED IN
 ACCORDANCE WITH THE PROVISIONS OF SUBSECTION (G-1) OF THIS SECTION.  The

 S. 3642                             3
 
 superintendent  may  refuse  to  issue any such license if in the super-
 intendent's judgment such refusal will best promote the interests of the
 people of this state. Every such licensee and sublicensee shall file  an
 information  statement  on or before the thirty-first day of December of
 each even numbered year, the form and subject matter  of  which  may  be
 prescribed by the superintendent.
   §  2.  This  act shall take effect on the ninetieth day after it shall
 have become a law and shall apply to licenses issued and renewed on  and
 after such date.