Senate Bill No. 521
(By Senator Minard)
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[Introduced February 10, 2010; referred to the Committee on
Banking and Insurance; and then to the Committee on the
Judiciary.]
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A BILL to repeal §51-10-8 of the Code of West Virginia, 1931, as
amended; and to amend said code by adding thereto a new
section, designated §33-2-23, relating to qualifications of
professional bondsmen in criminal cases; and removing
professional bondsmen in criminal cases from regulation and
administration by the Supreme Court of Appeals and
transferring this responsibility to the Insurance
Commissioner.
Be it enacted by the Legislature of West Virginia:
That §51-10-8 of the Code of West Virginia, 1931, as amended,
be repealed; and that said code be amended by adding thereto a new
section, designated §33-2-23, to read as follows:
ARTICLE 2. INSURANCE COMMISSIONER.
§33-2-23. Authority of Insurance Commissioner regarding qualifications of professional bondsmen in
criminal cases; employers in default to Workers'
Compensation Funds; injunctions against defaulting
employers.
(a) All of the powers and authority previously conferred upon
the Supreme Court of Appeals pursuant to section eight, article
ten, chapter fifty-one of this code, relating to regulating and
prescribing qualifications of professional bondsmen in criminal
cases are hereby transferred to the Insurance Commissioner.
(b) From the effective date of the enactment of this section,
the Insurance Commissioner shall determine the qualifications of,
and regulate, all professional bondsmen in criminal cases in this
state. All of the provisions of this article apply to professional
bondsmen in criminal cases, unless otherwise exempted by the
commissioner or by statute. Prior to assuming regulatory authority
over professional bondsmen in criminal cases, the commissioner shall
review and revise all applicable rules to reflect the assumption of
this new regulatory authority.
(c) The commissioner may promulgate rules pursuant to article
three, chapter twenty-nine-a of this code in order to effect the
purposes of this section.
NOTE: The purpose of this bill is to remove Professional
Bondsmen in Criminal Cases from regulation and administration by the
Supreme Court of Appeals and to transfer this responsibility to the
Insurance Commissioner.
The bill repeals
§51-10-8
which authorizes
the
Supreme Court of Appeals to regulate these bondsmen.
§33-2-23 is new; therefore, strike-throughs and underscoring
have been omitted.
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