ENGROSSED


COMMITTEE SUBSTITUTE

FOR

Senate Bill No. 624

(By Senator Chafin)

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[Originating in the Committee on Finance;

reported April 4, 2001.]

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A BILL to amend article ten, chapter fifty-one of the code of West Virginia, one thousand nine hundred thirty-one, as amended, by adding thereto a new section, designated section two-a, relating to the licensing of bail bond agents and bail bond businesses; eligibility and education requirements for licensing; licensure renewal; continuing education; fee for licensure; creation of special revenue account; and rulemaking.

Be it enacted by the Legislature of West Virginia:
That article ten, chapter fifty-one of the code of West Virginia, one thousand nine hundred thirty-one, as amended, be amended by adding thereto a new section, designated section two-a, to read as follows:
ARTICLE 10. PROFESSIONAL BONDSMEN.
§51-10-2a. Licensing bail bond businesses and bail bond agent; continuing education; fees.

(a) On or after the first day of July, two thousand one, no bail bond agent or bail bond business may operate in this state unless duly licensed through the secretary of state.
(b) In order to be eligible for a license as a bail bond agent or to conduct a bail bond business, an applicant shall:
(1) Be at least eighteen years of age;
(2) Be a citizen of the United States or an alien who is legally residing within the United States;
(3) Not have had any previous license to operate a bail bond business or act as a bail bond agent revoked or any application for any bail bond business licenses or registrations denied by the appropriate governmental authority in this or any other state or territory;
(4) Not have been declared incompetent by reason of mental defect or disease by any court of competent jurisdiction unless a court has subsequently determined that the applicant's competency has been restored;
(5) Not suffer from habitual drunkenness or from narcotics addiction or dependence;
(6) Be of good moral character;
(7) Have satisfactorily completed eight hours of education in a curriculum established by the professional bail agents of West Virginia, or its successor, assign or agent;
(8) Not have been convicted of a felony in this state or any other state or territory;
(9) Not have been convicted of any of the following:
(A) Illegally using, carrying or possessing a pistol or other dangerous weapon;
(B) Making or possessing burglar's instruments;
(C) Buying or receiving stolen property;
(D) Entering a building unlawfully;
(E) Aiding an inmate's escape from prison;
(F) Possessing or distributing illicit drugs; and
(10) Not have violated any provisions of this article;
(c) Notwithstanding any requirement of this section to the contrary, any person acting as a bail bond agent or operating a bail bond business before the effective date of this section shall be licensed: Provided, That the person or authorized agent of a bail bonding business complete the application, satisfactorily complete the mandatory education requirements before the first day of July, two thousand two, and pay all applicable fees.
(d) The provisions of this section shall not prevent the issuance of a license to any person who, subsequent to his or her conviction, received an executive pardon for his or her conviction, removing this disability.
(e) The bail bond license shall be renewed on the first day of July of each successive year: Provided, That the holder of the bail bond license has, prior to the expiration of the bail bond license, submitted to eight hours of continuing education as authorized by the professional bail agents of West Virginia, its successor, assign or agent.
(f) (1) The secretary of state may establish and collect a reasonable registration fee not to exceed fifty dollars to accompany application for license to be used for the purposes of defraying administrative and other expenses incurred due to the enactment of this article.
(2) There is hereby created in the state treasury a special revenue account, designated the "bail bond agent/bail bond business account". All fees collected pursuant to the provisions of this article shall be deposited in the bail bond agent/bail bond business account. Expenditures from the account shall be for the purposes set forth in this subsection and are not authorized from collections but are to be made only in accordance with appropriation by the Legislature and in accordance with the provisions of article three, chapter twelve of this code and upon the fulfillment of the provisions set forth in article two, chapter five-a of this code: Provided, That for the fiscal year ending the thirtieth day of June, two thousand two, expenditures are authorized from collections rather than pursuant to an appropriation by the Legislature.
(g) The secretary of state may file and disseminate an interpretive rule for the purpose of providing information and guidance to prospective licensees and the general public with respect to the enforcement of this article. The secretary of state is charged with the enforcement of this article in the civil and criminal courts of the state and may take any lawful action reasonably necessary to effectuate its purposes.