Mississippi SB 2468: Bail bondsmen; remove repealer on certain licensing statutes.

Bill Text

SB2468 (As Passed the Senate) - 2018 Regular Session 

MISSISSIPPI LEGISLATURE

2018 Regular Session

To: Insurance

By: Senator(s) Carmichael

Senate Bill 2468

(As Passed the Senate)

AN ACT TO REENACT SECTIONS 83-39-3, 83-39-7 AND 83-39-13, 
MISSISSIPPI CODE OF 1972, WHICH PROVIDE FOR THE LICENSING REQUIREMENTS OF BAIL 
BONDSMEN; TO AMEND SECTION 4, CHAPTER 446, LAWS OF 2016, TO REMOVE THE REPEALER 
ON THOSE SECTIONS; AND FOR RELATED PURPOSES.

���� BE IT ENACTED BY THE 
LEGISLATURE OF THE STATE OF MISSISSIPPI:

���� SECTION 1.� Section 
83-39-3, Mississippi Code of 1972, is reenacted as follows:

���� 83-39-3.� (1)� No person 
shall act in the capacity of professional bail agent, soliciting bail agent or 
bail enforcement agent, as defined in Section 83-39-1, or perform any of the 
functions, duties or powers of the same unless that person shall be qualified 
and licensed as provided in this chapter.� The terms of this chapter shall not 
apply to any automobile club or association, financial institution, insurance 
company or other organization or association or their employees who execute 
bail bonds on violations arising out of the use of a motor vehicle by their 
members, policyholders or borrowers when bail bond is not the principal benefit 
of membership, the policy of insurance or of a loan to such member, 
policyholder or borrower.

���� (2)� (a)� No license shall 
be issued or renewed except in compliance with this chapter, and none shall be 
issued except to an individual.� No firm, partnership, association or 
corporation, as such, shall be so licensed.� No professional bail agent shall 
operate under more than one (1) trade name.� A soliciting bail agent and bail 
enforcement agent shall operate only under the professional bail agent's name.� 
No license shall be issued to or renewed for any person who has ever been 
convicted of a crime that the commissioner finds 
directly relates to the duties and responsibilities of the business of a 
professional bail agent, soliciting bail agent, or bail enforcement agent, 
including, but not limited to, any felony that involves an act of fraud, 
dishonesty, or a breach of trust, or money laundering.� No license shall be 
issued to any person who is under twenty-one (21) years of age. �No 
person engaged as a law enforcement or judicial official or attorney shall be 
licensed hereunder.� A person who is employed in any capacity at any jail or 
corrections facility that houses state, county or municipal inmates who are or 
may be eligible for bail, whether the person is a public employee, independent 
contractor, or the employee of an independent contractor, may not be licensed 
under this section.

��������� (b)� (i)� No person who 
is a relative of either a sworn state, county or municipal law enforcement 
official or judicial official, or an employee, independent contractor or the 
contractor's employee of any police department, sheriff's department, jail or 
corrections facility that houses or holds federal, state, county or municipal 
inmates who are or may be eligible for bail, shall write a bond in the county 
where the law enforcement entity or court in which the person's relative serves 
is located.� "Relative" means a spouse, parent, grandparent, child, 
sister, brother, or a consanguineous aunt, uncle, niece or nephew.� Violation 
of this prohibition shall result in license revocation.

������������� (ii)� No person 
licensed under this chapter shall act as a personal surety agent in the writing 
of bail during a period he or she is licensed as a limited surety agent, as 
defined herein.

������������� (iii)� No person 
licensed under this chapter shall give legal advice or a legal opinion in any 
form.

���� (3)� The department is 
vested with the authority to enforce this chapter.� The department may conduct 
investigations or request other state, county or local officials to conduct 
investigations and promulgate such rules and regulations as may be necessary 
for the enforcement of this chapter.� The department may establish monetary 
fines and collect such fines as necessary for the enforcement of such rules and 
regulations.� All fines collected shall be deposited in the Special Insurance 
Department Fund for the operation of that agency.

���� (4)� (a)� Each license 
issued hereunder shall expire biennially on the last day of September of each 
odd-numbered year, unless revoked or suspended prior thereto by the department, 
or upon notice served upon the commissioner by the insurer that the authority 
of a limited surety agent to act for or on behalf of such insurer had been 
terminated, or upon notice served upon the commissioner that the authority of a 
soliciting bail agent or bail enforcement agent had been terminated by such 
professional bail agent.

��������� (b)� A soliciting bail 
agent or bail enforcement agent may, upon termination by a professional bail 
agent or upon his cessation of employment with a professional bail agen