STATE OF NEW YORK ________________________________________________________________________ 3905 2025-2026 Regular Sessions IN ASSEMBLY January 30, 2025 ___________ Introduced by M. of A. WEPRIN, TAYLOR -- read once and referred to the Committee on Codes 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
A. 3905 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 21 office or solicit, negotiate, effectuate or deposit bail on behalf of 22 another in any city containing a population of more than one hundred 23 seventy-five thousand, such written examination may inquire into the 24 applicant's knowledge of the pertinent provisions of the criminal proce- 25 dure law and the pertinent rules and practices of the courts and 26 district attorneys' offices within the area of the applicant's proposed 27 operations. Such examination shall be held at such times and places as 28 the superintendent shall determine. 29 (j) Every applicant for any such license shall file with the super- 30 intendent, at the time of application, a qualifying bond, approved by 31 the attorney general as to form and by the superintendent as to suffi- 32 ciency, in a penalty of five thousand dollars, conditioned upon the 33 faithful performance of the duties of such licensee. No such qualifying 34 bond shall be subject to termination or cancellation by either party in 35 less than sixty days after the giving of written notice to the other 36 party and to the superintendent. A termination or cancellation shall not 37 affect the liability of the surety or sureties on such bond incurred 38 prior to the effective date of such termination or cancellation. If 39 during the term of such bond such licensee shall be guilty of fraudulent 40 or dishonest conduct or other misconduct or malfeasance in [his] such 41 licensee's dealings with any court or magistrate or with any person or 42 corporation in connection with any deposit or bail bond, the attorney 43 general may maintain an action on such qualifying bond in the name of 44 the people of this state and either recover the full amount of the 45 penalty or recover for the use and benefit of the person or persons 46 aggrieved, the amount of loss or injury sustained by such person or 47 persons by reason of such misconduct. No such recovery or recoveries 48 shall exceed in the aggregate five thousand dollars, exclusive of inter- 49 est and costs. 50 (m) Every license issued to an officer, employee, or agent of an 51 insurer or charitable bail organization doing a bail business pursuant 52 to this section shall be for a term expiring on the thirty-first day of 53 December of even numbered years and may be renewed for the ensuing two 54 calendar years upon the filing of a renewal application and the 55 completion of twelve hours of instruction consisting of courses intended 56 to update or reinforce the materials and information presented in
A. 3905 3 1 accordance with the provisions of subsection (g-1) of this section. The 2 superintendent may refuse to issue any such license if in the super- 3 intendent's judgment such refusal will best promote the interests of the 4 people of this state. Every such licensee and sublicensee shall file an 5 information statement on or before the thirty-first day of December of 6 each even numbered year, the form and subject matter of which may be 7 prescribed by the superintendent. 8 § 2. This act shall take effect on the ninetieth day after it shall 9 have become a law and shall apply to licenses issued and renewed on and 10 after such date.