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S1199................................................by JUDICIARY AND RULES BAIL - Amends existing law relating to producer licensing to provide that a bail surety or bail agent is not prohibited from pursuing certain contractual rights to indemnification of bond losses. 03/14 Senate intro - 1st rdg - to printing 03/15 Rpt prt - to Jud
]]]] LEGISLATURE OF THE STATE OF IDAHO ]]]] Fifty-eighth Legislature First Regular Session - 2005 IN THE SENATE SENATE BILL NO. 1199 BY JUDICIARY AND RULES COMMITTEE 1 AN ACT 2 RELATING TO PRODUCER LICENSING; AMENDING SECTION 41-1042, IDAHO CODE, TO PRO- 3 VIDE THAT A BAIL SURETY OR BAIL AGENT IS NOT PROHIBITED FROM PURSUING CER- 4 TAIN CONTRACTUAL RIGHTS TO INDEMNIFICATION OF BOND LOSSES. 5 Be It Enacted by the Legislature of the State of Idaho: 6 SECTION 1. That Section 41-1042, Idaho Code, be, and the same is hereby 7 amended to read as follows: 8 41-1042. COLLECTIONS AND CHARGES PERMITTED. (1) Notwithstanding any other 9 provision of this chapter, a bail agent in any bail transaction shall not, 10 directly or indirectly, charge or collect money or other valuable consider- 11 ation from any person except for the following: 12 (a) To pay premiums at the rates established by the insurer; 13 (b) To provide collateral; 14 (c) To reimburse the bail agent for actual expenses incurred in connec- 15 tion with the bail transaction, limited to the following: 16 (i) Expenditures actually and reasonably incurred to verify under- 17 writing information or to pay for notary public fees, recording fees, 18 or necessary long distance telephone or telegram fees; provided how- 19 ever, that the total of all such expenditures reimbursed shall not 20 exceed fifty dollars ($50.00); and 21 (ii) Travel expenses incurred more than twenty-five (25) miles from 22 a bail agent's place of business, which includes any city or locality 23 in which the bail agent advertises or engages in bail business, up to 24 the amount allowed by the internal revenue service for business 25 travel for the year in which the travel occurs. 26 (2) Except as permitted under this section, a bail agent shall not make 27 any charge for his service in a bail transaction and the bail agent shall 28 fully document all expenses for which the bail agent seeks reimbursement. 29 (3) This section does not prohibit a bail surety or bail agent from pur- 30 suing a contractual right to indemnification of any bond loss, including rea- 31 sonable and necessary investigation, legal and court expenses actually incur- 32 red by the bail surety or bail agent in connection with a bail forfeiture.
STATEMENT OF PURPOSE RS 15138 This legislation clarifies the authority of the bail surety or agent to enforce the contractual right to indemnification if a defendant breaches the contract, specifically the right to recover expenses caused by the defendant's breach of the contract. FISCAL IMPACT No fiscal impact to the State of Idaho. This legislation should reduce the costs to law enforcement for locating and returning defendants to the state of Idaho by motivating bail sureties and agents to locate and return defendants who have failed to appear in court. Contact: Name: Steve J. Tobiason Phone: 342-4545 STATEMENT OF PURPOSE/FISCAL NOTE S 1199