H. B. 4496


(By Delegates Wooton, Shook, Fleischauer,

Frazier, Moye, Miley, Susman and Sumner)


[Introduced February 15, 2010 ; referred to the

Committee on the Judiciary.]



A BILL to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §51-10A-4, relating to prohibiting bail bonding companies or bail bond enforcers from providing fiduciary bonds for estates; and providing an exception.

Be it enacted by the Legislature of West Virginia:

That the Code of West Virginia, 1931, as amended, be amended by adding thereto a new section, designated §51-10A-4, to read as follows:

ARTICLE 10A. BAIL BOND ENFORCERS.

§51-10A-4. Prohibition against providing fiduciary bonds in estates; exception.

A bail bonding company or a bail bond enforcer may not provide fiduciary bonds for an estate unless the bail bonding company or bail bond enforcer is licensed with the Insurance Commissioner to act as an agent for an insurance company that provides surety or fiduciary bonds.

NOTE: The purpose of this bill is to prohibit
bail bonding companies or bail bond enforcers from providing fiduciary bonds for estates; and providing an exception.

Strike-throughs indicate language that would be stricken from the present law, and underscoring indicates new language that would be added.