HB 1905 Bail bondsmen.
Kenneth R. Melvin | all patrons    ...    notes
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Summary as enacted with Governor's Recommendation:
Bail bondsmen. Establishes an insurance agent license for surety bail bondsmen. A person who has not obtained a surety bail bondsman license from the State Corporation Commission is prohibited from selling, soliciting or negotiating insurance on behalf of an insurance company that becomes surety on or guarantees a bond that is posted to assure performance of terms and conditions specified as a condition of bail. To qualify for such a license, an individual must (i) be licensed by the Commission as a property and casualty insurance agent; (ii) pass an examination; and (iii) submit his fingerprints and authorization for the conduct of a national criminal history record information check through the Central Criminal Records Exchange to determine whether the applicant has been convicted of a felony. The Commission will also be provided copies of each power of attorney from a fidelity and surety insurer appointing the individual to execute bonds on its behalf. The Commission shall not issue, renew or reissue a surety bail bondsman license to any individual who has been convicted of a felony unless his civil rights have been restored. The Commission is required to establish a separate database from which it may access pertinent information regarding licensed surety bail bondsmen. A surety bail bondsman license is issued for a two-year term. The Commission shall provide for the collection of fees for license issuance and renewal that are sufficient to cover the expenses of administering and operating the program. In addition, revocation or refusal to issue or renew a license is mandatory for certain enumerated causes. The Commission is required annually to furnish to the Clerk of the Supreme Court and to every clerk of circuit court a list of all licensed surety bail bondsmen and notice of any suspension or revocation of a surety bail bondsman's license or a fidelity and surety insurer's license. The measure also requires any property bail bondsman to obtain a certificate from a circuit court judge. No person shall carry on the business of a property bail bondsman without such a certificate, which is a prerequisite for a revenue license in the localities that require such licenses for property bail bondsmen. In order to obtain a certificate after October 1, 2003, a property bail bondsman must provide information regarding his identity and property, which may include an appraisal of the fair market value of real estate, an affidavit regarding any liens thereon and his equity in the property, and fingerprints and other information in order to conduct a criminal history record information check through the Central Criminal Records Exchange. All existing certificates of property bail bondsmen will expire on October 1, 2003. This measure is a recommendation of the Virginia State Crime Commission.


Summary as passed:
Bail bondsmen. Establishes an insurance agent license for surety bail bondsmen. A person who has not obtained a surety bail bondsman license from the State Corporation Commission is prohibited from selling, soliciting or negotiating insurance on behalf of an insurance company that becomes surety on or guarantees a bond that is posted to assure performance of terms and conditions specified as a condition of bail. To qualify for such a license, an individual must (i) be licensed by the Commission as a property and casualty insurance agent; (ii) pass an examination; and (iii) submit his fingerprints and authorization for the conduct of a national criminal history record information check through the Central Criminal Records Exchange to determine whether the applicant has been convicted of a felony. The Commission will also be provided copies of each power of attorney from a fidelity and surety insurer appointing the individual to execute bonds on its behalf. The Commission shall not issue, renew or reissue a surety bail bondsman license to any individual who has been convicted of a felony unless his civil rights have been restored. The Commission is required to establish a separate database from which it may access pertinent information regarding licensed surety bail bondsmen. A surety bail bondsman license is issued for a two-year term. The Commission shall provide for the collection of fees for license issuance and renewal that are sufficient to cover the expenses of administering and operating the program. In addition, revocation or refusal to issue or renew a license is mandatory for certain enumerated causes. The Commission is required annually to furnish to the Clerk of the Supreme Court and to every clerk of circuit court a list of all licensed surety bail bondsmen and notice of any suspension or revocation of a surety bail bondsman's license or a fidelity and surety insurer's license. The measure also requires any property bail bondsman to obtain a certificate from a circuit court judge. No person shall carry on the business of a property bail bondsman without such a certificate, which is a prerequisite for a revenue license in the localities that require such licenses for property bail bondsmen. In order to obtain a certificate after October 1, 2003, a property bail bondsman must provide information regarding his identity and property, which may include an appraisal of the fair market value of real estate, an affidavit regarding any liens thereon and his equity in the property, and fingerprints and other information in order to conduct a criminal history record information check through the Central Criminal Records Exchange. All existing certificates of property bail bondsmen will expire on October 1, 2003. This measure is a recommendation of the Virginia State Crime Commission.


Summary as passed House:
Bail bondsmen. Establishes an insurance agent license for surety bail bondsmen. A person who has not obtained a surety bail bondsman license from the State Corporation Commission is prohibited from selling, soliciting or negotiating insurance on behalf of an insurance company that becomes surety on or guarantees a bond that is posted to assure performance of terms and conditions specified as a condition of bail. To qualify for such a license, an individual must (i) be licensed by the Commission as a property and casualty insurance agent; (ii) pass an examination; and (iii) submit his fingerprints and authorization for the conduct of a national criminal history record information check through the Central Criminal Records Exchange to determine whether the applicant has been convicted of a felony. The Commission will also be provided copies of each power of attorney from a fidelity and surety insurer appointing the individual to execute bonds on its behalf. The Commission shall not issue, renew or reissue a surety bail bondsman license to any individual who has been convicted of a felony unless his civil rights have been restored. The Commission is required to establish a separate database from which it may access pertinent information regarding licensed surety bail bondsmen. A surety bail bondsman license is issued for a 2-year term. The Commission shall provide for the collection of fees for license issuance and renewal that are sufficient to cover the expenses of administering and operating the program. In addition, revocation or refusal to issue or renew a license is mandatory for certain enumerated causes. The Commission is required annually to furnish to the Clerk of the Supreme Court and to every clerk of circuit court a list of all licensed surety bail bondsmen and notice of any suspension or revocation of a surety bail bondsman's license or a fidelity and surety insurer's license. The measure also requires any property bail bondsman to obtain a certificate from a circuit court judge. No person shall carry on the business of a property bail bondsman without such a certificate, which is a prerequisite for a revenue license in the localities that require such licenses for property bail bondsmen. In order to obtain a certificate after October 1, 2003, a property bail bondsman must provide information regarding his identity and property, which may include an appraisal of the fair market value of real estate, an affidavit regarding any liens thereon and his equity in the property, and fingerprints and other information in order to conduct a criminal history record information check through the Central Criminal Records Exchange. All existing certificates of property bail bondsmen will expire on October 1, 2003. This measure is a recommendation of the Virginia State Crime Commission.


Summary as introduced:
Bail bondsmen. Establishes an insurance agent license for surety bail bondsmen. A person who has not obtained a surety bail bondsman license from the State Corporation Commission is prohibited from selling, soliciting or negotiating insurance on behalf of an insurance company that becomes surety on or guarantees a bond that is posted to assure performance of terms and conditions specified as a condition of bail. To qualify for such a license, an individual must (i) be licensed by the Commission as a property and casualty insurance agent; (ii) pass an examination; and (iii) submit his fingerprints and authorization for the conduct of a national criminal history record information check through the Central Criminal Records Exchange to determine whether the applicant has been convicted of a felony. The Commission will also be provided copies of each power of attorney from a fidelity and surety insurer appointing the individual to execute bonds on its behalf. The Commission shall not issue, renew or reissue a surety bail bondsman license to any individual who has been convicted of a felony unless his civil rights have been restored. The Commission is required to establish a separate database from which it may access pertinent information regarding licensed surety bail bondsmen. A surety bail bondsman license is issued for a 2-year term. The Commission shall provide for the collection of fees for license issuance and renewal that are sufficient to cover the expenses of administering and operating the program. In addition, revocation or refusal to issue or renew a license is mandatory for certain enumerated causes. The Commission is required annually to furnish to the Clerk of the Supreme Court and to every clerk of circuit court a list of all licensed surety bail bondsmen and notice of any suspension or revocation of a surety bail bondsman's license or a fidelity and surety insurer's license. The measure also requires any property bail bondsman to obtain a certificate from a circuit court judge. No person shall carry on the business of a property bail bondsman without such a certificate, which is a prerequisite for a revenue license in the localities that require such licenses for property bail bondsmen. In order to obtain a certificate after October 1, 2003, a property bail bondsman must provide information regarding his identity and property, which may include an appraisal of the fair market value of real estate, an affidavit regarding any liens thereon and his equity in the property, and fingerprints and other information in order to conduct a criminal history record information check through the Central Criminal Records Exchange. All existing certificates of property bail bondsmen will expire on October 1, 2003. This measure is a recommendation of the Virginia State Crime Commission.