North Carolina 2025-2026 Regular Session

North Carolina Senate Bill S251 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1	1		GENERAL ASSEMBLY OF NORTH CAROLINA
2	2		SESSION 2025
3		-	S 1
4		-	SENATE BILL 251
	3	+	S D
	4	+	SENATE BILL DRS15106-NE-62
	5	+
5	6
6	7
7	8		Short Title: Bail Bondsmen Revisions.-AB (Public)
8	9		Sponsors: Senator Johnson (Primary Sponsor).
9		-	Referred to: ~~Rules and Operations of the Senate~~
10		-	~~March 10, 2025~~
11		-	~~S251 -v-1~~
	10	+	Referred to:
	11	+
	12	+	DRS15106 -NE-62
12	13		A BILL TO BE ENTITLED 1
13	14		AN ACT REVISING THE LAWS RELATED TO BAIL BONDSMEN , AS RECOMMENDED 2
14	15		BY THE DEPARTMENT OF INSURANCE . 3
15	16		The General Assembly of North Carolina enacts: 4
16	17		5
17	18		PART I. CLARIFY ABROGATION OF COMMON LAW AND ALLOW 6
18	19		OUT-OF-STATE SURETIES TO USE LICENSED BONDSMEN 7
19	20		SECTION 1.(a) Article 71 of Chapter 58 of the General Statutes is amended by 8
20	21		adding a new section to read: 9
21	22		"§ 58-71-2. Statement of purpose and abrogation of the common law. 10
22	23		The purpose of this Article is to provide a comprehensive framework for the regulation of all 11
23	24		persons licensed under this Article in the capacity of professional bondsmen, surety bondsmen, 12
24	25		or runners, or performing any of the functions, duties, or powers prescribed for professional 13
25	26		bondsmen, surety bondsmen, or runners within the State of North Carolina. Any part of the 14
26	27		common law that conflicts with the provisions of this Article is expressly abrogated." 15
27	28		SECTION 1.(b) G.S. 58-71-30 reads as rewritten: 16
28	29		"§ 58-71-30. Arrest of defendant for purpose of surrender. 17
29	30		(a) For the purpose of surrendering the defendant, the surety may arrest him before the 18
30	31		forfeiture of the undertaking, or by his written authority endorsed on a certified copy of the 19
31	32		undertaking, may request any judicial officer to order arrest of the defendant. 20
32	33		(b) A surety on a bail bond or undertaking from another state or jurisdiction shall not 21
33	34		arrest the defendant in this State for the purposes of surrendering the defendant. 22
34	35		(c) Notwithstanding the provisions of subsection (b) of this section, a surety on a bail 23
35	36		bond or undertaking from another state or jurisdiction must utilize the services or assistance of 24
36	37		any North Carolina surety bondsman, professional bondsman, or runner to effect the arrest or 25
37	38		surrender of the defendant. The surety must first provide the surety bondsman, professional 26
38	39		bondsman, or runner with a certified copy of the undertaking." 27
39	40		28
40	41		PART II. CHANGES TO PROVISIONAL LICENSING OF BONDSMEN 29
41	42		SECTION 2.(a) G.S. 58-71-1 reads as rewritten: 30
42	43		"§ 58-71-1. Definitions. 31
43	44		The following definitions apply in this Article: 32
44	45		… 33
45	46		(4a) First-year licensee. – Any person who has been licensed as a bail bondsman 34
46	47		or runner under this Article and who has held the license for a period of less 35
47		-	than 12 months. 36 General Assembly Of North Carolina Session 2025
48		-	Page 2 Senate Bill 251-First Edition
	48	+	than 12 months. 36
	49	+	FILED SENATE
	50	+	Mar 6, 2025
	51	+	S.B. 251
	52	+	PRINCIPAL CLERK General Assembly Of North Carolina Session 2025
	53	+	Page 2 DRS15106-NE-62
49	54		(4b) Direct supervision. – Direction of a provisional licensee's activities by a 1
50	55		supervising bail bondsman that involves personal and face-to-face contact on 2
51	56		a frequent and reasonable basis. 3
52	57		… 4
53	58		(8a) Provisional licensee. – Any person licensed as a bail bondsman or runner 5
54	59		under this Article for a period of less than 24 months. 6
55	60		(8a)(8b) Resident. – A person who lives in this State for at least six consecutive 7
56	61		months immediately before applying for a license under this Article. 8
57	62		… 9
58	63		(9a) Supervising bail bondsman. – Any person licensed by the Commissioner as a 10
59	64		professional bondsman or surety bondsman who who (i) meets the 11
60	65		requirements of G.S. 58-71-41.1 and G.S. 58-71-50 and (ii) employs or 12
61	66		contracts with any new licensee under this Article.a provisional licensee under 13
62	67		this Article. 14
63	68		… 15
64	69		(11) Surety bondsman. – Any person who is licensed by the Commissioner as a 16
65	70		surety bondsman under this Article, is appointed by an insurer by power of 17
66	71		attorney to execute or countersign bail bonds for the insurer in connection with 18
67	72		judicial proceedings, proceedings of another, and who receives or is promised 19
68	73		consideration for doing so." 20
69	74		SECTION 2.(b) G.S. 58-71-41 reads as rewritten: 21
70	75		"§ 58-71-41. First-year Provisional licensees; limitations. 22
71	76		(a) Except as provided in this section, a first-year provisional licensee shall have the same 23
72	77		authority as other persons licensed as bail bondsmen or runners under this Article. Except as 24
73	78		provided in subsection (d) of this section, a first-year provisional licensee shall operate only 25
74	79		under the direct supervision of and from the official business address of a licensed supervising 26
75	80		bail bondsman bondsman, who shall be responsible for the direct supervision of the provisional 27
76	81		licensee, for the first 12 24 months of licensure. A first-year provisional licensee may only be 28
77	82		employed by or contract with one supervising bail bondsman. 29
78	83		(b) When a first-year provisional licensee has completed 12 24 months of supervision, 30
79	84		six of which shall be uninterrupted, the supervising bail bondsman shall give notice of that fact 31
80	85		to the Commissioner in writing. If the licensee will continue to be employed by or contract with 32
81	86		the supervising bail bondsman beyond the initial 12-month 24-month period, the supervising bail 33
82	87		bondsman shall continue to supervise and be responsible for the licensee's acts. 34
83	88		(c) If the employment of or contract with a first-year provisional licensee is terminated, 35
84	89		the supervising bail bondsman shall notify the Commissioner in writing and shall specify the 36
85	90		reason for the termination. 37
86	91		(d) If, after exercising due diligence, a first-year licensed bail bondsman provisional 38
87	92		licensee is unable to become employed by or to contract with a supervising bail bondsman, the 39
88	93		first-year licensed bail bondsman provisional licensee must submit to the Department a sworn 40
89	94		affidavit stating the relevant facts and circumstances regarding the first-year licensed bail 41
90	95		bondman's provisional licensee's inability to become employed by or contract with a supervising 42
91	96		bail bondsman. The Department shall review the affidavit and determine whether the first-year 43
92	97		licensed bail bondsman provisional licensee will be allowed to operate as an unsupervised bail 44
93	98		bondsman. A first-year licensed bail bondsman is prohibited from becoming a supervising bail 45
94	99		bondsman during the first two five years of licensure. 46
95	100		(e) Provided all other licensing requirements are met, an applicant for a bail bondsman 47
96	101		or runner's license who has previously been licensed with the Commissioner for a period of at 48
97	102		least 18 consecutive months and who has been inactive or unlicensed for a period of not more 49
98	103		than three consecutive years shall not be deemed a new licensee for purposes of this section." 50 General Assembly Of North Carolina Session 2025
99		-	~~Senate Bill 251-First Edition~~ Page 3
	104	+	DRS15106-NE-62 Page 3
100	105		SECTION 2.(c) Article 71 of Chapter 58 of the General Statutes is amended by 1
101	106		adding a new section to read: 2
102	107		"§ 58-71-41.1. Requirements for supervising bail bondsmen. 3
103	108		(a) A bail bondsman who seeks to act as a supervising bail bondsman or to restore a 4
104	109		revoked supervising bail bondsman status shall meet all of the following requirements: 5
105	110		(1) Submit an application on a form approved by the Commissioner and pay a 6
106	111		two hundred dollar ($200.00) application fee. 7
107	112		(2) Have five years of uninterrupted experience as a licensed bail bondsman in 8
108	113		this State. 9
109	114		(3) Have not violated an order of the Commissioner or had adverse administrative 10
110	115		action taken against the bail bondsman's license pursuant to G.S. 58-71-80. 11
111	116		(4) The bail bondsman shall possess or demonstrate the competence, experience, 12
112	117		or integrity considered by the Commissioner to be necessary to serve as a 13
113	118		supervising bail bondsman. 14
114	119		(b) A supervising bail bondsman shall submit to the Commissioner, on a form prescribed 15
115	120		by the Commissioner, both of the following: 16
116	121		(1) No later than May 31 of each year, a renewal application on a form prescribed 17
117	122		by the Commissioner. Failure to comply with this subdivision shall result in 18
118	123		revocation of a bondsman's status as a supervising bail bondsman. 19
119	124		(2) No later than the fifth business day of each month, a record of each provisional 20
120	125		licensee supervised by the supervising bail bondsman. 21
121	126		(c) A supervising bail bondsman shall not: 22
122	127		(1) Charge a fee for supervising a provisional licensee. 23
123	128		(2) Supervise more than two provisional licensees at one time." 24
124	129		SECTION 2.(d) Any bail bondsman (i) acting as or seeking to act as a supervising 25
125	130		bail bondsman or (ii) seeking to restore a revoked supervising bail bondsman status shall submit 26
126	131		the application and fee required by G.S. 58-71-41.1, as enacted by this act, within 60 days of the 27
127	132		effective date of this act. 28
128	133		29
129	134		PART III. CHANGES TO DISCIPLINARY STATUTE TO ALLOW FOR 30
130	135		ADMINISTRATIVE ACTION BASED ON THE COMMISSION OF CERTAIN 31
131	136		CRIMES; PROVISIONAL LICENSEE CONFORMING CHANGE 32
132	137		SECTION 3. G.S. 58-71-80 reads as rewritten: 33
133	138		"§ 58-71-80. Grounds for denial, suspension, probation, revocation, or nonrenewal of 34
134	139		licenses. 35
135	140		(a) The Commissioner may deny, place on probation, suspend, revoke, or refuse to renew 36
136	141		any license issued under this Article, in accordance with the provisions of Article 3A of Chapter 37
137	142		150B of the General Statutes, for any one or more of the following causes: 38
138	143		… 39
139	144		(6a) Violation of a statute or ordinance that results in injury or death. 40
140	145		… 41
141	146		(8a) When, in the judgment of the Commissioner, the licensee has used 42
142	147		unnecessary or excessive force in performing the functions, duties, and 43
143	148		powers under the license issued by the Commissioner. 44
144	149		… 45
145	150		(b) The Commissioner shall deny, revoke, or refuse to renew any license under this 46
146	151		Article if if (i) the applicant or licensee is or has ever been convicted of a felony.felony or (ii) 47
147	152		pursuant to the provisions of Article 3A of Chapter 150 of the General Statutes, the 48
148	153		Commissioner, or another appropriate administrative body, finds that the applicant or licensee 49
149	154		performed the acts necessary to satisfy the elements of a felony. 50
150	155		… 51 General Assembly Of North Carolina Session 2025
151		-	Page 4 ~~Senate Bill 251-First Edition~~
	156	+	Page 4 DRS15106-NE-62
152	157		(b3) For the purposes of this section, a conviction includes an adjudication of guilt, a plea 1
153	158		of guilty, and a plea of nolo contendere. 2
154	159		(c) In the case of a first-year provisional licensee whose employment or contract is 3
155	160		terminated prior to the end of the 12-month 24-month supervisory period, the Commissioner may 4
156	161		consider all information provided in writing by the supervising bail bondsman in determining 5
157	162		whether sufficient cause exists to suspend, revoke, or refuse to renew the license or to warrant 6
158	163		criminal prosecution of the first-year provisional licensee. If the Commissioner determines there 7
159	164		is not sufficient cause for adverse administrative action or criminal prosecution, the termination 8
160	165		shall not be deemed an interruption and the period of time the licensee was employed by or 9
161	166		contracted with the terminating supervising bail bondsman will be credited toward the licensee's 10
162	167		completion of the required 12 24 months of supervision with a subsequent supervising bail 11
163	168		bondsman. 12
164	169		…." 13
165	170		14
166	171		PART IV. CHANGE DUE DATE FOR CONTINUING EDUCATION REQUIREMENTS 15
167	172		AND RENEWAL APPLICATIONS 16
168	173		SECTION 4.(a) G.S. 58-71-71(b) reads as rewritten: 17
169	174		"(b) Each year by June 30 May 15 every licensee shall complete at least three hours of 18
170	175		continuing education as provided by an approved provider in subjects related to the duties and 19
171	176		responsibilities of a runner or bail bondsman. This continuing education shall not include a 20
172	177		written or oral examination. A person who receives his or her first license on or after January 1 21
173	178		of any year does not have to comply with this subsection until June 30 May 15 of the following 22
174	179		year." 23
175	180		SECTION 4.(b) G.S. 58-71-75(b) reads as rewritten: 24
176	181		"(b) Renewal Application. – In even-numbered years, a bail bondsman or runner seeking 25
177	182		to renew a license shall shall, by May 15, provide the Commissioner prior to the expiration date 26
178	183		of the bail bondsman's or runner's current license, all of the following: 27
179	184		…." 28
180	185		29
181	186		PART V. PHYSICAL LOCATION FOR OFFICIAL BUSINESS ADDRESS 30
182	187		SECTION 5. G.S. 58-71-40 reads as rewritten: 31
183	188		"§ 58-71-40. Bail bondsmen and runners to be qualified and licensed; license applications 32
184	189		generally. 33
185	190		(a) No person shall act in the capacity of a professional bondsman, surety bondsman, or 34
186	191		runner or perform any of the functions, duties, or powers prescribed for professional bondsmen, 35
187	192		surety bondsmen, or runners under this Article unless that person is qualified and licensed under 36
188	193		this Article. No licensee shall participate in or solicit assistance in securing custody of a principal 37
189	194		by another not licensed under this Article. No license shall be issued under this Article except to 38
190	195		an individual natural person. 39
191	196		… 40
192	197		(f) A licensee shall have an official business address that is a physical location in the 41
193	198		State of North Carolina. Official business addresses shall reflect an established office separate 42
194	199		and apart from any residence or other business. The address required by this subsection shall be 43
195	200		provided to the Commissioner designating where required business records are maintained upon 44
196	201		examination pursuant to G.S. 58-71-170. The physical location used as the official business 45
197	202		address must comply with all local or municipal zoning ordinances and regulations. Use of a post 46
198	203		office box as an official business address is prohibited." 47
199	204		48
200	205		PART VI. QUALIFICATIONS FOR BONDSMEN 49
201	206		SECTION 6. G.S. 58-71-50 reads as rewritten: 50
202	207		"§ 58-71-50. Qualification for bail bondsmen and runners. 51 General Assembly Of North Carolina Session 2025
203		-	~~Senate Bill 251-First Edition~~ Page 5
	208	+	DRS15106-NE-62 Page 5
204	209		… 1
205	210		(b) Qualifications. – Every applicant for a license under this Article as a bail bondsman 2
206	211		or runner must meet all of the following qualifications: 3
207	212		… 4
208	213		(8) Hold a valid and current North Carolina drivers license or valid North 5
209	214		Carolina identification card issued by the Division of Motor 6
210	215		Vehicles.Vehicles and comply with all motor vehicle financial responsibility 7
211	216		requirements pursuant to G.S. 20-309. 8
212	217		…." 9
213	218		10
214	219		PART VII. EFFECTIVE DATE 11
215	220		SECTION 7. This act becomes effective July 1, 2025, and applies to bail bondsmen 12
216	221		licenses issued or renewed on or after that date. 13