New York S 5328: Relates to licensing requirements for bail bond agents

Bill Text

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S05328 Summary:

BILL NOS05328 

&nbsp

SAME ASSAME AS A03905

&nbsp

SPONSORBAILEY

&nbsp

COSPNSR

&nbsp

MLTSPNSR

&nbsp

Amd §6802, Ins L

&nbsp

Relates to licensing requirements for bail bond agents; requires additional course instruction and other prerequisites to licensure.

Go to top S05328 Actions:

BILL NOS05328 

&nbsp

02/20/2025REFERRED TO INSURANCE

01/07/2026REFERRED TO INSURANCE

Go to topS05328 Committee&nbspVotes:

Go to topS05328 Floor&nbspVotes:

There are no Assembly votes for this bill in this legislative session.

Go to topS05328 Text:

 STATE OF NEW YORK
 ________________________________________________________________________

 5328

 2025-2026 Regular Sessions

 IN SENATE

 February 20, 2025
 ___________

 Introduced by Sen. BAILEY -- 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] such applicant's
 15 character and reputation and by such other proof as the superintendent
 16 may require, [including his fingerprints,] that [he] such applicant is a
 17 person of good character and reputation and has never been convicted of
 18 any offense involving moral turpitude or of any crime. If such applicant
 19 is a firm or corporation such proof must be made with respect to every
 20 member, shareholder, officer and director of such firm or corporation.
 21 Every applicant for licensure and for renewal of a license shall submit
 22 such applicant's fingerprints to the superintendent. Such fingerprints
 23 shall be submitted to the division of criminal justice services for a
 24 state criminal history record check, as defined in subdivision one of
 25 section three thousand thirty-five of the education law, and may be

 EXPLANATION--Matter in italics (underscored) is new; matter in brackets
 [ ] is old law to be omitted.
 LBD07794-01-5

 S. 5328 2

 1 submitted to the federal bureau of investigation for a national criminal
 2 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 bond agents 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
 2