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H0062aa.........................................................by MR. SPEAKER
Requested by: Department of Insurance
BAIL AGENTS - Adds to existing law to set forth licensing, bonding and other
requirements applicable to bail agents in the state of Idaho.
01/06 House intro - 1st rdg - to printing
Rpt prt - to Jud
01/14 Rpt out - Ref'd to Bus
02/12 Rpt out - to Gen Ord
02/19 Rpt out amen - to engros
02/20 Rpt engros - 1st rdg - to 2nd rdg as amen
02/21 2nd rdg - to 3rd rdg as amen
02/24 3rd rdg as amen - PASSED - 61-1-8
AYES -- Andersen, Barraclough, Barrett, Bauer, Bell, Bieter, Black,
Block, Boe, Bolz, Bradford, Campbell, Cannon, Clark, Collins, Crow,
Cuddy, Deal, Denney, Douglas, Eberle, Edmunson, Ellsworth, Eskridge,
Field(18), Field(23), Garrett, Harwood, Henbest, Jaquet, Jones, Lake,
Langford, Langhorst, Martinez, McGeachin, McKague, Miller, Mitchell,
Naccarato, Nielsen, Ridinger, Ring, Ringo, Robison, Rydalch, Sali,
Sayler, Schaefer, Shepherd, Shirley, Skippen, Smith(30), Smith(24),
Smylie, Snodgrass, Stevenson, Tilman, Trail, Wills, Mr. Speaker
NAYS -- Kulczyk
Absent and excused -- Bedke, Gagner, Kellogg, Meyer, Moyle, Raybould,
Roberts, Wood
Floor Sponsor - Snodgrass
Title apvd - to Senate
02/25 Senate intro - 1st rdg - to Jud
03/03 Rpt out - Ref'd to Com/HuRes
03/05 Rpt out - rec d/p - to 2nd rdg
03/06 2nd rdg - to 3rd rdg
03/11 3rd rdg - PASSED - 29-4-2
AYES -- Andreason, Bailey, Brandt, Bunderson, Burtenshaw, Calabretta,
Compton, Davis, Gannon, Geddes, Goedde, Hill, Ingram, Kennedy, Little,
Lodge, Malepeai, Marley, McKenzie, McWilliams, Noble, Noh, Pearce,
Richardson, Schroeder, Sorensen, Stennett, Werk, Williams
NAYS -- Burkett, Cameron, Darrington, Sweet
Absent and excused -- Keough, Stegner
Floor Sponsor - Goedde
Title apvd - to House
03/12 To enrol
03/13 Rpt enrol - Sp signed
03/14 Pres signed
03/17 To Governor
03/20 Governor signed
Session Law Chapter 104
Effective: 07/01/03
|||| LEGISLATURE OF THE STATE OF IDAHO |||| Fifty-seventh Legislature First Regular Session - 2003IN THE HOUSE OF REPRESENTATIVES HOUSE BILL NO. 62 BY MR. SPEAKER Requested by: Department of Insurance 1 AN ACT 2 RELATING TO BAIL AGENTS; AMENDING CHAPTER 10, TITLE 41, IDAHO CODE, BY THE 3 ADDITION OF A NEW SECTION 41-1037, IDAHO CODE, TO SET FORTH APPLICABILITY 4 OF REQUIREMENTS FOR BAIL AGENTS; AMENDING CHAPTER 10, TITLE 41, IDAHO 5 CODE, BY THE ADDITION OF A NEW SECTION 41-1038, IDAHO CODE, TO DEFINE 6 TERMS; AMENDING CHAPTER 10, TITLE 41, IDAHO CODE, BY THE ADDITION OF A NEW 7 SECTION 41-1039, IDAHO CODE, TO REQUIRE LICENSURE; AMENDING CHAPTER 10, 8 TITLE 41, IDAHO CODE, BY THE ADDITION OF A NEW SECTION 41-1040, IDAHO 9 CODE, TO REQUIRE BONDING; AMENDING CHAPTER 10, TITLE 41, IDAHO CODE, BY 10 THE ADDITION OF A NEW SECTION 41-1041, IDAHO CODE, TO PROVIDE THAT BAIL 11 AGENTS SHALL PROVIDE CERTAIN RECORDS TO THE DEFENDANT AND ANY COSIGNERS AT 12 THE TIME OF THE BAIL TRANSACTION AND SHALL MAINTAIN CERTAIN RECORDS FOR AT 13 LEAST FIVE YEARS AFTER THE LIABILITY OF THE SURETY HAS BEEN TERMINATED; 14 AMENDING CHAPTER 10, TITLE 41, IDAHO CODE, BY THE ADDITION OF A NEW SEC- 15 TION 41-1042, IDAHO CODE, TO PERMIT SPECIFIED COLLECTIONS AND CHARGES BY 16 BAIL AGENTS AND TO REQUIRE THE FULL DOCUMENTATION OF ALL EXPENSES FOR 17 WHICH A BAIL AGENT SEEKS REIMBURSEMENT; AMENDING CHAPTER 10, TITLE 41, 18 IDAHO CODE, BY THE ADDITION OF A NEW SECTION 41-1043, IDAHO CODE, TO PRO- 19 VIDE FOR COLLATERAL UNDER CERTAIN CONDITIONS; AMENDING CHAPTER 10, TITLE 20 41, IDAHO CODE, BY THE ADDITION OF A NEW SECTION 41-1044, IDAHO CODE, TO 21 PROVIDE THAT ALL PREMIUMS AND COLLATERAL MUST BE IMMEDIATELY RETURNED UPON 22 A BAIL AGENT'S EARLY SURRENDER OF A DEFENDANT TO CUSTODY, TO SET FORTH 23 GOOD CAUSE FOR THE EARLY SURRENDER OF A DEFENDANT AND TO REQUIRE A WRITTEN 24 STATEMENT PRIOR TO THE EARLY SURRENDER OF A DEFENDANT FOR GOOD CAUSE; AND 25 AMENDING CHAPTER 10, TITLE 41, IDAHO CODE, BY THE ADDITION OF A NEW SEC- 26 TION 41-1045, IDAHO CODE, TO PROVIDE FOR BAIL AGENT RESPONSIBILITY FOR 27 ACTIONS OF OTHERS. 28 Be It Enacted by the Legislature of the State of Idaho: 29 SECTION 1. That Chapter 10, Title 41, Idaho Code, be, and the same is 30 hereby amended by the addition thereto of a NEW SECTION, to be known and des- 31 ignated as Section 41-1037, Idaho Code, and to read as follows: 32 41-1037. REQUIREMENTS FOR BAIL AGENTS. Sections 41-1037 through 41-1045, 33 Idaho Code, provide requirements for the regulation of bail agents in this 34 state in addition to the requirements generally applicable to producers under 35 this chapter. 36 SECTION 2. That Chapter 10, Title 41, Idaho Code, be, and the same is 37 hereby amended by the addition thereto of a NEW SECTION, to be known and des- 38 ignated as Section 41-1038, Idaho Code, and to read as follows: 39 41-1038. DEFINITIONS. As used in sections 41-1037 through 41-1045, Idaho 40 Code: 41 (1) "Bail agent" means a licensed producer in the line of surety insur- 2 1 ance that is authorized by an insurer to execute or countersign undertakings 2 of bail in connection with judicial proceedings. 3 (2) "Collateral" means property of any kind given as security to obtain a 4 bail bond. 5 (3) "Department" means the department of insurance. 6 (4) "Director" means the director of the department of insurance. 7 SECTION 3. That Chapter 10, Title 41, Idaho Code, be, and the same is 8 hereby amended by the addition thereto of a NEW SECTION, to be known and des- 9 ignated as Section 41-1039, Idaho Code, and to read as follows: 10 41-1039. LICENSE REQUIRED. No person shall hold himself out to be a bail 11 agent or sell, solicit, negotiate, advise or consult regarding the terms of 12 bail bond contracts in this state unless that person is licensed as a producer 13 in the line of surety insurance. 14 SECTION 4. That Chapter 10, Title 41, Idaho Code, be, and the same is 15 hereby amended by the addition thereto of a NEW SECTION, to be known and des- 16 ignated as Section 41-1040, Idaho Code, and to read as follows: 17 41-1040. BOND REQUIRED. After January 1, 2004, a producer shall not act 18 as a bail agent unless the producer first files with the department and there- 19 after maintains in force a surety bond, executed by an authorized surety 20 insurer, in favor of the director in the amount of fifteen thousand dollars 21 ($15,000). Such bond shall be held in trust for the benefit and protection of 22 the public against loss by acts of fraud or dishonesty by the bail agent. 23 SECTION 5. That Chapter 10, Title 41, Idaho Code, be, and the same is 24 hereby amended by the addition thereto of a NEW SECTION, to be known and des- 25 ignated as Section 41-1041, Idaho Code, and to read as follows: 26 41-1041. RECORDS. (1) The bail agent shall provide copies of the bail 27 contract, premium receipts, collateral receipts, and any related documents to 28 the defendant and any cosigner at the time of the bail transaction. 29 (2) In addition to the records set forth in section 41-1036, Idaho Code, 30 a bail agent shall also maintain complete records pertaining to any collateral 31 received and any charges collected for any bail bond transaction for at least 32 five (5) years after the liability of the surety has been terminated. 33 SECTION 6. That Chapter 10, Title 41, Idaho Code, be, and the same is 34 hereby amended by the addition thereto of a NEW SECTION, to be known and des- 35 ignated as Section 41-1042, Idaho Code, and to read as follows: 36 41-1042. COLLECTIONS AND CHARGES PERMITTED. (1) Notwithstanding any other 37 provision of this chapter, a bail agent in any bail transaction shall not, 38 directly or indirectly, charge or collect money or other valuable consider- 39 ation from any person except for the following: 40 (a) To pay premiums at the rates established by the insurer; 41 (b) To provide collateral; 42 (c) To reimburse the bail agent for actual expenses incurred in connec- 43 tion with the bail transaction, limited to the following: 44 (i) Expenditures actually and reasonably incurred to verify under- 45 writing information or to pay for notary public fees, recording fees, 46 or necessary long distance telephone or telegram fees; provided how- 47 ever, that the total of all such expenditures reimbursed shall not 3 1 exceed fifty dollars ($50.00); and 2 (ii) Travel expenses incurred more than twenty-five (25) miles from 3 a bail agent's place of business, which includes any city or locality 4 in which the bail agent advertises or engages in bail business, up to 5 the amount allowed by the internal revenue service for business 6 travel for the year in which the travel occurs. 7 (2) Except as permitted under this section, a bail agent shall not make 8 any charge for his service in a bail transaction and the bail agent shall 9 fully document all expenses for which the bail agent seeks reimbursement. 10 SECTION 7. That Chapter 10, Title 41, Idaho Code, be, and the same is 11 hereby amended by the addition thereto of a NEW SECTION, to be known and des- 12 ignated as Section 41-1043, Idaho Code, and to read as follows: 13 41-1043. COLLATERAL. (1) A bail agent may accept collateral in connection 14 with the bail bond transaction if the collateral is not excessive in relation 15 to the face amount of the bond. 16 (2) All collateral received by a bail agent is received in a fiduciary 17 capacity. 18 (a) Collateral received in the form of cash must be deposited and main- 19 tained in a trust account that is separate and apart from any other funds 20 or assets of the bail agent. 21 (b) Collateral other than cash must be maintained in a separate and 22 secure location apart from the assets of the bail agent. 23 (3) Collateral received must be returned to the person who deposited the 24 collateral with the bail agent within fourteen (14) days of the date the obli- 25 gation, the satisfaction of which was secured by collateral, is discharged. 26 (4) A copy of the order of the court wherein the bail or undertaking was 27 ordered exonerated shall be deemed prima facie evidence of exoneration or ter- 28 mination of the liability. 29 (5) If a bail agent accepts collateral, the bail agent shall give a writ- 30 ten receipt for the collateral to the person from whom the collateral was 31 received. The receipt shall include a full and detailed accounting of the col- 32 lateral received. 33 SECTION 8. That Chapter 10, Title 41, Idaho Code, be, and the same is 34 hereby amended by the addition thereto of a NEW SECTION, to be known and des- 35 ignated as Section 41-1044, Idaho Code, and to read as follows: 36 41-1044. EARLY SURRENDER OF DEFENDANT TO CUSTODY -- RETURN OF PREMIUM. 37 (1) A bail agent shall immediately return in full all premium and collateral 38 associated with a bail transaction if the bail agent without good cause or in 39 violation of the bail contract surrenders the defendant to custody before the 40 time specified in the undertaking of bail or the bail bond for the appearance 41 of the defendant or, if no time is specified in the undertaking or bond, 42 before the time the defendant is lawfully required to appear in court. 43 (2) A bail agent has good cause for the early surrender of a defendant if 44 the defendant has changed addresses without notifying the bail agent, engaged 45 in self-concealment, left the jurisdiction of the court without permission of 46 the bail agent or the court, materially breached the terms of the bail con- 47 tract, or has otherwise acted in a manner that materially increases the risk 48 of loss assumed by the bail agent or surety. A failure to pay the premium when 49 due shall constitute good cause for early surrender only if at the time of the 50 bail transaction the bail agent obtains the payor's signature on a written 51 statement clearly stating the amount of premium due, the date by which the 4 1 premium must be paid and that the failure to pay the premium by the due date 2 will result in the early surrender of the defendant and forfeiture of any pre- 3 mium paid. 4 (3) Before surrendering a defendant early for good cause, a bail agent 5 shall prepare a signed and dated written statement fully describing the facts 6 upon which the agent relied in determining that good cause exists for the 7 early surrender of the defendant. The statement shall be maintained as a 8 record of the bail transaction and shall be made available to the department 9 upon request. A bail agent who surrenders a defendant early for good cause 10 shall not be entitled to seek recovery of any unpaid premium. 11 SECTION 9. That Chapter 10, Title 41, Idaho Code, be, and the same is 12 hereby amended by the addition thereto of a NEW SECTION, to be known and des- 13 ignated as Section 41-1045, Idaho Code, and to read as follows: 14 41-1045. RESPONSIBILITY FOR ACTIONS OF OTHERS. A bail agent is responsi- 15 ble for the actions of the bail agent's employees, contractors and agents act- 16 ing on the bail agent's behalf in relation to bail transactions and matters 17 arising out of bail transactions.
|||| LEGISLATURE OF THE STATE OF IDAHO ||||
Fifty-seventh Legislature First Regular Session - 2003
Moved by Deal
Seconded by Gagner
IN THE HOUSE OF REPRESENTATIVES
HOUSE AMENDMENTS TO H.B. NO. 62
1 AMENDMENTS TO SECTION 4
2 On page 2 of the printed bill, in line 19, following "a surety" insert:
3 "performance"; and in line 22, following "against" insert: "a judicial or
4 administrative determination of".
5 AMENDMENT TO SECTION 7
6 On page 3, in line 24, following "date" insert: "notice is received that".
7 AMENDMENT TO SECTION 9
8 On page 4, in line 14, delete "A bail" and insert: "For purposes of
9 licensing and regulation under title 41, Idaho Code, a bail".
|||| LEGISLATURE OF THE STATE OF IDAHO |||| Fifty-seventh Legislature First Regular Session - 2003IN THE HOUSE OF REPRESENTATIVES HOUSE BILL NO. 62, As Amended BY MR. SPEAKER Requested by: Department of Insurance 1 AN ACT 2 RELATING TO BAIL AGENTS; AMENDING CHAPTER 10, TITLE 41, IDAHO CODE, BY THE 3 ADDITION OF A NEW SECTION 41-1037, IDAHO CODE, TO SET FORTH APPLICABILITY 4 OF REQUIREMENTS FOR BAIL AGENTS; AMENDING CHAPTER 10, TITLE 41, IDAHO 5 CODE, BY THE ADDITION OF A NEW SECTION 41-1038, IDAHO CODE, TO DEFINE 6 TERMS; AMENDING CHAPTER 10, TITLE 41, IDAHO CODE, BY THE ADDITION OF A NEW 7 SECTION 41-1039, IDAHO CODE, TO REQUIRE LICENSURE; AMENDING CHAPTER 10, 8 TITLE 41, IDAHO CODE, BY THE ADDITION OF A NEW SECTION 41-1040, IDAHO 9 CODE, TO REQUIRE BONDING; AMENDING CHAPTER 10, TITLE 41, IDAHO CODE, BY 10 THE ADDITION OF A NEW SECTION 41-1041, IDAHO CODE, TO PROVIDE THAT BAIL 11 AGENTS SHALL PROVIDE CERTAIN RECORDS TO THE DEFENDANT AND ANY COSIGNERS AT 12 THE TIME OF THE BAIL TRANSACTION AND SHALL MAINTAIN CERTAIN RECORDS FOR AT 13 LEAST FIVE YEARS AFTER THE LIABILITY OF THE SURETY HAS BEEN TERMINATED; 14 AMENDING CHAPTER 10, TITLE 41, IDAHO CODE, BY THE ADDITION OF A NEW SEC- 15 TION 41-1042, IDAHO CODE, TO PERMIT SPECIFIED COLLECTIONS AND CHARGES BY 16 BAIL AGENTS AND TO REQUIRE THE FULL DOCUMENTATION OF ALL EXPENSES FOR 17 WHICH A BAIL AGENT SEEKS REIMBURSEMENT; AMENDING CHAPTER 10, TITLE 41, 18 IDAHO CODE, BY THE ADDITION OF A NEW SECTION 41-1043, IDAHO CODE, TO PRO- 19 VIDE FOR COLLATERAL UNDER CERTAIN CONDITIONS; AMENDING CHAPTER 10, TITLE 20 41, IDAHO CODE, BY THE ADDITION OF A NEW SECTION 41-1044, IDAHO CODE, TO 21 PROVIDE THAT ALL PREMIUMS AND COLLATERAL MUST BE IMMEDIATELY RETURNED UPON 22 A BAIL AGENT'S EARLY SURRENDER OF A DEFENDANT TO CUSTODY, TO SET FORTH 23 GOOD CAUSE FOR THE EARLY SURRENDER OF A DEFENDANT AND TO REQUIRE A WRITTEN 24 STATEMENT PRIOR TO THE EARLY SURRENDER OF A DEFENDANT FOR GOOD CAUSE; AND 25 AMENDING CHAPTER 10, TITLE 41, IDAHO CODE, BY THE ADDITION OF A NEW SEC- 26 TION 41-1045, IDAHO CODE, TO PROVIDE FOR BAIL AGENT RESPONSIBILITY FOR 27 ACTIONS OF OTHERS. 28 Be It Enacted by the Legislature of the State of Idaho: 29 SECTION 1. That Chapter 10, Title 41, Idaho Code, be, and the same is 30 hereby amended by the addition thereto of a NEW SECTION, to be known and des- 31 ignated as Section 41-1037, Idaho Code, and to read as follows: 32 41-1037. REQUIREMENTS FOR BAIL AGENTS. Sections 41-1037 through 41-1045, 33 Idaho Code, provide requirements for the regulation of bail agents in this 34 state in addition to the requirements generally applicable to producers under 35 this chapter. 36 SECTION 2. That Chapter 10, Title 41, Idaho Code, be, and the same is 37 hereby amended by the addition thereto of a NEW SECTION, to be known and des- 38 ignated as Section 41-1038, Idaho Code, and to read as follows: 39 41-1038. DEFINITIONS. As used in sections 41-1037 through 41-1045, Idaho 40 Code: 41 (1) "Bail agent" means a licensed producer in the line of surety insur- 2 1 ance that is authorized by an insurer to execute or countersign undertakings 2 of bail in connection with judicial proceedings. 3 (2) "Collateral" means property of any kind given as security to obtain a 4 bail bond. 5 (3) "Department" means the department of insurance. 6 (4) "Director" means the director of the department of insurance. 7 SECTION 3. That Chapter 10, Title 41, Idaho Code, be, and the same is 8 hereby amended by the addition thereto of a NEW SECTION, to be known and des- 9 ignated as Section 41-1039, Idaho Code, and to read as follows: 10 41-1039. LICENSE REQUIRED. No person shall hold himself out to be a bail 11 agent or sell, solicit, negotiate, advise or consult regarding the terms of 12 bail bond contracts in this state unless that person is licensed as a producer 13 in the line of surety insurance. 14 SECTION 4. That Chapter 10, Title 41, Idaho Code, be, and the same is 15 hereby amended by the addition thereto of a NEW SECTION, to be known and des- 16 ignated as Section 41-1040, Idaho Code, and to read as follows: 17 41-1040. BOND REQUIRED. After January 1, 2004, a producer shall not act 18 as a bail agent unless the producer first files with the department and there- 19 after maintains in force a surety performance bond, executed by an authorized 20 surety insurer, in favor of the director in the amount of fifteen thousand 21 dollars ($15,000). Such bond shall be held in trust for the benefit and pro- 22 tection of the public against a judicial or administrative determination of 23 loss by acts of fraud or dishonesty by the bail agent. 24 SECTION 5. That Chapter 10, Title 41, Idaho Code, be, and the same is 25 hereby amended by the addition thereto of a NEW SECTION, to be known and des- 26 ignated as Section 41-1041, Idaho Code, and to read as follows: 27 41-1041. RECORDS. (1) The bail agent shall provide copies of the bail 28 contract, premium receipts, collateral receipts, and any related documents to 29 the defendant and any cosigner at the time of the bail transaction. 30 (2) In addition to the records set forth in section 41-1036, Idaho Code, 31 a bail agent shall also maintain complete records pertaining to any collateral 32 received and any charges collected for any bail bond transaction for at least 33 five (5) years after the liability of the surety has been terminated. 34 SECTION 6. That Chapter 10, Title 41, Idaho Code, be, and the same is 35 hereby amended by the addition thereto of a NEW SECTION, to be known and des- 36 ignated as Section 41-1042, Idaho Code, and to read as follows: 37 41-1042. COLLECTIONS AND CHARGES PERMITTED. (1) Notwithstanding any other 38 provision of this chapter, a bail agent in any bail transaction shall not, 39 directly or indirectly, charge or collect money or other valuable consider- 40 ation from any person except for the following: 41 (a) To pay premiums at the rates established by the insurer; 42 (b) To provide collateral; 43 (c) To reimburse the bail agent for actual expenses incurred in connec- 44 tion with the bail transaction, limited to the following: 45 (i) Expenditures actually and reasonably incurred to verify under- 46 writing information or to pay for notary public fees, recording fees, 47 or necessary long distance telephone or telegram fees; provided how- 3 1 ever, that the total of all such expenditures reimbursed shall not 2 exceed fifty dollars ($50.00); and 3 (ii) Travel expenses incurred more than twenty-five (25) miles from 4 a bail agent's place of business, which includes any city or locality 5 in which the bail agent advertises or engages in bail business, up to 6 the amount allowed by the internal revenue service for business 7 travel for the year in which the travel occurs. 8 (2) Except as permitted under this section, a bail agent shall not make 9 any charge for his service in a bail transaction and the bail agent shall 10 fully document all expenses for which the bail agent seeks reimbursement. 11 SECTION 7. That Chapter 10, Title 41, Idaho Code, be, and the same is 12 hereby amended by the addition thereto of a NEW SECTION, to be known and des- 13 ignated as Section 41-1043, Idaho Code, and to read as follows: 14 41-1043. COLLATERAL. (1) A bail agent may accept collateral in connection 15 with the bail bond transaction if the collateral is not excessive in relation 16 to the face amount of the bond. 17 (2) All collateral received by a bail agent is received in a fiduciary 18 capacity. 19 (a) Collateral received in the form of cash must be deposited and main- 20 tained in a trust account that is separate and apart from any other funds 21 or assets of the bail agent. 22 (b) Collateral other than cash must be maintained in a separate and 23 secure location apart from the assets of the bail agent. 24 (3) Collateral received must be returned to the person who deposited the 25 collateral with the bail agent within fourteen (14) days of the date notice is 26 received that the obligation, the satisfaction of which was secured by collat- 27 eral, is discharged. 28 (4) A copy of the order of the court wherein the bail or undertaking was 29 ordered exonerated shall be deemed prima facie evidence of exoneration or ter- 30 mination of the liability. 31 (5) If a bail agent accepts collateral, the bail agent shall give a writ- 32 ten receipt for the collateral to the person from whom the collateral was 33 received. The receipt shall include a full and detailed accounting of the col- 34 lateral received. 35 SECTION 8. That Chapter 10, Title 41, Idaho Code, be, and the same is 36 hereby amended by the addition thereto of a NEW SECTION, to be known and des- 37 ignated as Section 41-1044, Idaho Code, and to read as follows: 38 41-1044. EARLY SURRENDER OF DEFENDANT TO CUSTODY -- RETURN OF PREMIUM. 39 (1) A bail agent shall immediately return in full all premium and collateral 40 associated with a bail transaction if the bail agent without good cause or in 41 violation of the bail contract surrenders the defendant to custody before the 42 time specified in the undertaking of bail or the bail bond for the appearance 43 of the defendant or, if no time is specified in the undertaking or bond, 44 before the time the defendant is lawfully required to appear in court. 45 (2) A bail agent has good cause for the early surrender of a defendant if 46 the defendant has changed addresses without notifying the bail agent, engaged 47 in self-concealment, left the jurisdiction of the court without permission of 48 the bail agent or the court, materially breached the terms of the bail con- 49 tract, or has otherwise acted in a manner that materially increases the risk 50 of loss assumed by the bail agent or surety. A failure to pay the premium when 51 due shall constitute good cause for early surrender only if at the time of the 4 1 bail transaction the bail agent obtains the payor's signature on a written 2 statement clearly stating the amount of premium due, the date by which the 3 premium must be paid and that the failure to pay the premium by the due date 4 will result in the early surrender of the defendant and forfeiture of any pre- 5 mium paid. 6 (3) Before surrendering a defendant early for good cause, a bail agent 7 shall prepare a signed and dated written statement fully describing the facts 8 upon which the agent relied in determining that good cause exists for the 9 early surrender of the defendant. The statement shall be maintained as a 10 record of the bail transaction and shall be made available to the department 11 upon request. A bail agent who surrenders a defendant early for good cause 12 shall not be entitled to seek recovery of any unpaid premium. 13 SECTION 9. That Chapter 10, Title 41, Idaho Code, be, and the same is 14 hereby amended by the addition thereto of a NEW SECTION, to be known and des- 15 ignated as Section 41-1045, Idaho Code, and to read as follows: 16 41-1045. RESPONSIBILITY FOR ACTIONS OF OTHERS. For purposes of licensing 17 and regulation under title 41, Idaho Code, a bail agent is responsible for the 18 actions of the bail agent's employees, contractors and agents acting on the 19 bail agent's behalf in relation to bail transactions and matters arising out 20 of bail transactions.
STATEMENT OF PURPOSE
RS 12318C1
This bill amends Chapter 10, Title 41, Idaho Code, by the addition
of new Sections 41-1037, 41-1038, 41-1039, 41-1040,41-1041, 41-
1042, 41-1043, 41-1044, and 41-1045, Idaho Code, providing for the
regulation of bail agents. These sections address differences
between insurance producers and bail agents including the
collection and accounting of collateral, record keeping
requirements, and allowable charges and fees.
FISCAL IMPACT
There is expected to be no fiscal impact to the state's General
Fund.
CONTACT
Name: Shad D. Priest
Agency: Insurance, Dept. of
Phone: 334-4250
Statement of Purpose/Fiscal Impact H 6