SESSION OF 2024
SUPPLEMENTAL NOTE ON HOUSE BILL NO. 2755
As Amended by Senate Committee on Judiciary
Brief*
HB 2755, as amended, would amend law related to
appearance bonds made in municipal and district courts.
Municipal Courts
Under current law, an appearance bond for municipal
court may be secured by payment of cash or by the execution
of an appearance bond by a responsible person living in
Kansas acting as surety.
The bill would clarify if an appearance were secured by
a surety, they could not be compensated for posting the bond.
Additionally, the bill would allow execution of a bond by a
compensated surety who is in compliance with continuing law
and when approved by the municipal judge.
Definitions
Compensated Surety
The term “compensated surety” in law would be
amended by the bill to mean any person who or entity that is
organized under Kansas law that, as surety, issues
appearance bonds for compensation, and posts bail for four
or more persons in a calendar year, is responsible for any
forfeiture and is liable for appearance bonds written by such
person’s or entity’s authorized agents. A compensated surety
____________________
*Supplemental notes are prepared by the Legislative Research
Department and do not express legislative intent. The supplemental
note and fiscal note for this bill may be accessed on the Internet at
http://www.kslegislature.org is either an insurance agent surety, a property surety, or a bail
agent.
Under the bill, the definition would be amended to add
the provisions concerning posting bail for four or more
persons and that a surety may be a bail agent, in addition to
insurance agent surety or property surety, as found in
continuing law.
Property Surety
The bill would amend the definition of “property surety”
to include corporations in the definition.
Appearance Bond Premium
The bill would add a definition for the term “appearance
bond premium” to mean a fee charged by a compensated
surety for posting an appearance bond.
Compensated Surety Qualifications—District Court
The bill would add qualifications to law concerning the
qualifications for a compensated surety to secure appearance
bonds in district court.
Background Check, Fingerprinting
Under continuing law, the chief judge of a judicial district,
or their designee, approves persons or entities to act as a
compensated surety in the district court. The bill would allow
the chief judge to require a compensated surety to submit to
a state and national criminal history record check as part of
either initial or continued authorization.
Fingerprints obtained for the record check would be
used to identify the individual and to determine whether such
person has a criminal history record in Kansas or any other
2- 2755 jurisdiction. The bill would allow the chief judge to submit the
fingerprints to the Kansas Bureau of Investigation (KBI) and
the Federal Bureau of Investigation for a state and national
criminal history record check.
The bill would allow the chief judge to use the
information obtained from fingerprinting and the records
check to verify the identification of the individual and to
determine whether the person is qualified to act as a
compensated surety in the judicial district.
Disclosure or use of any fingerprint or records check
information for purposes other than those specified by the bill
would be considered a class A nonperson misdemeanor.
The bill would also allow the KBI to charge a reasonable
fee for conducting the records check. The applicant would be
required to pay records check fees and the fingerprinting fee.
Property Surety—Outstanding Appearance Bonds
Under continuing law, a property surety executes an
affidavit describing the property used to write appearance
bonds. The bill would specify that limitations in law
concerning total outstanding appearance bonds are
calculated by considering bonds issued within Kansas.
Compensated Surety Requirements—District Court
The bill would create provisions in law concerning
requirements of a compensated surety. Under the bill, a
compensated surety would:
●Charge a minimum appearance bond premium of
10.0 percent of the face amount of the bond;
●Only post a bond after receiving 50.0 percent of the
bond premium in one of the following forms:
3- 2755 ○U.S. currency paid to the compensated surety
prior to the execution of the bond;
○A delivered check payable to the
compensated surety when delivered and
promptly deposited into a bank account;
○A credit or debit card transaction if the
compensated surety obtains prior
authorization from the card issuer; or
○A bank or wire transfer or other electronic
funds transfer including, but not limited to
peer-to-peer transfer [e.g. Cash App, PayPal,
Venmo], prior to the execution of the bond;
and
●Be physically present when the bond is posted and
sign the bond at the jail.
The bill would require a compensated surety to enter
into a premium financing agreement for the remaining portion
of the bond premium (at least 50.0 percent of which was paid
to have bond posted). [Note: Under the bill, the bond
premium would consist of at least 10.0 percent of the total
bond amount.]
Termination or Suspension
The bill would allow a chief judge to terminate or
suspend a compensated surety from posting bond. These
reasons would include, but would not be limited to:
●Filing false statements with the court;
●Failing to charge the minimum appearance bond
premium as required by the bill;
●Paying a fee or rebate, or giving or promising
anything of value in order to secure a settlement,
compromise, remission, or reduction of the amount
4- 2755 of any appearance bond, forfeiture, or estreatment,
or to secure or delay an appearance bond to:
○A jailer;
○A law enforcement officer;
○Any person who has the power to arrest or
hold a person in custody; or
○Any public official or employee.
●Paying a fee or rebate or giving or promising
anything of value other than reward payments for
information relating to the apprehension of fugitives
to an inmate in exchange for a business referral;
●Requiring or accepting anything of value from a
principal other than the appearance bond premium,
except that the compensated surety could accept
collateral security or other indemnity to secure the
face amount of the bond;
●Intentionally failing to promptly return collateral
security to the principal when they are entitled to
return of the collateral;
●Knowingly employing or otherwise compensating
convicted felons (unless the conviction was
expunged), for any appearance bond-related work,
other than reward payments relating to
apprehension of a fugitive; or
●Failing to pay any forfeiture judgment within 30
days of the filing of the journal entry of judgment.
The bill would allow a chief judge to investigate claims of
violations of the listed violations. If the chief judge finds that a
violation has occurred, the compensated surety may have
their authorization terminated or suspended. If terminated, the
bill would clarify that the chief judge must make a record as
required under continuing law, and provide it to the surety.
5- 2755 Continuing Education
The bill would raise the limit on the annual continuing
education fee charged by the Kansas Bail Agents Association
from $250 to $300, and allow the Association to prorate
course charges according to the number of hours in a
particular course.
Technical Amendments
The bill would make technical amendments, including
removing outdated references to provisions established
before 2017.
Background
The bill was introduced by the House Committee on
Corrections and Juvenile Justice at the request of a
representative of the Kansas Bail Agents Association (KBAA).
House Committee on Judiciary
In the House committee hearing, proponent testimony
was provided by two representatives of the KBAA, and
representatives of the Kansas Sheriffs Association and
Wichita Police Department. The proponents indicated the bill
would address instances of “discount bonds” being sold,
when the person on bond is not required to pay 10.0 percent
of the total bond amount, and that the bill would address
professionalism of bondsmen.
Written-only proponent testimony was provided by
representatives of B&K Bonding, Morey & Crow Bonding, and
Owens Bonding.
Written-only opponent testimony was provided by a
municipal court judge.
6- 2755 The House Committee amended the bill to:
●Clarify that an appearance bond issued for a
municipal court proceeding would require the
approval of the municipal judge;
●Require that a compensated surety enter into a
premium financing agreement for any unpaid
minimum appearance bond premium amount; and
●Amend the reasons for which a bond may be
terminated or suspended to remove solicitation of
appearance bond services at a jail.
Senate Committee on Judiciary
In the Senate Committee hearing, two representatives of
the KBAA and a representative of the Kansas Sheriffs
Association testified as proponents of the bill, providing
substantially similar comments as in the House Committee
hearing.
Written-only proponent testimony was provided by
representatives of Air Capital Bail Bonds, B&K Bonding,
Cowley County Attorney’s Office, Geist Bonding, Harvey
County Sheriff’s Department, Morey & Crow Bonding, Owens
Bonding, the Wichita Police Department, and four private
citizens.
A municipal court judge and a representative of the
Kansas Municipal Judges Association testified as opponents
of the bill, expressing concerns regarding a municipal judge’s
discretion to set lower cash bonds in certain cases.
Written-only opponent testimony was provided by a
municipal court judge, the Topeka City Attorney, a
representative of ACLU Kansas, and four attorney members
of the Kansas Supreme Court Pretrial Justice Task Force.
No other testimony was provided.
7- 2755 The Senate Committee amended the bill to strike
language requiring the amount of appearance bond be the
same regardless of the method used to secure bond.
Fiscal Information
According to the fiscal note prepared by the Division of
the Budget on the bill, as introduced, the Office of Judicial
Administration (OJA) states enactment of the bill could
increase the number of cases filed in district court because it
would create a new crime, which could result in more time
spent by employees and judges processing and deciding
these cases. Because this crime carries a misdemeanor
penalty, court service officers could be required to perform
additional supervision of offenders. According to OJA, a fiscal
effect cannot be estimated until the Judicial Branch has an
opportunity to operate under the bill’s provisions. Enactment
of the bill could result in collection of docket fees, fines, and
supervision fees, which would be credited to the State
General Fund.
The KBI states any fiscal effect resulting from the bill’s
enactment would be negligible. Any fiscal effect associated
with the bill is not reflected in The FY 2025 Governor’s
Budget Report.
The League of Kansas Municipalities (League) states
enactment of the bill would have a fiscal effect on cities.
Municipal courts would experience increased costs
associated with enforcement of the bill’s provisions and
related training. The League indicates that for some cities, the
bill’s enactment would create a shift in how the courts
currently operate.
Appearance bonds; cash bail; bond agent; judge
8- 2755