The words “bonding business” as used in this article mean the business of becoming surety for compensation upon bonds in criminal cases in the State of West Virginia, and the word “bondsman” means any person or corporation engaged either as principal or as agent, clerk, or representative of another in such business.

When used in this article:

(1) “Bonding business” means the business of becoming surety for compensation upon bonds in criminal cases;

(2) “Bail bondsman” means any person engaged in the bonding business that has satisfied the requirements for and is duly licensed as an insurance producer with a property and casualty line of authority as set forth by the Insurance Commissioner and Chapter 33, Article 12 of the West Virginia Code;

(3) “Commissioner” means the Insurance Commissioner;

(4) “Insurer” means any domestic, foreign or alien surety company which has been qualified generally to transact surety business; and

§51-10-8. Qualifications of bondsmen; rules to be prescribed by ~~Supreme Court of Appeals; lists of agents to be furnished; renewal of authority to act; false swearing~~ Insurance Commissioner.

(a) The Supreme Court of Appeals shall, under reasonable rules, specify the qualifications of persons and corporations applying for authority to engage in the bonding business in criminal cases in the State of West Virginia, and the terms and conditions upon which the business may be carried on. After September 1, 2004, no person or corporation may, either as principal, or as agent, clerk, or representative of another, engage in the bonding business in any court regularly exercising criminal jurisdiction until qualified pursuant to the rules. The Supreme Court of Appeals, in making the rules, and in granting authority to persons to engage in the bonding business, shall take into consideration both the financial responsibility and the moral qualities of the person so applying, and no person may be permitted to engage, either as principal or agent, in the business of becoming surety upon bonds for compensation in criminal cases, who has ever been convicted of any offense involving moral turpitude, or who is not known to be a person of good moral character. The court shall require every person qualifying to engage in the bonding business as principal to file with the court a list showing the name, age, and residence of each person employed by the bondsman as agent, clerk, or representative in the bonding business, and require an affidavit from each of the persons stating that the person will abide by the terms and provisions of this article. The court shall require the authority of each of the persons to be renewed from time to time at periods the court may by rule provide. Before the authority may be renewed the court shall require from each of the persons an affidavit that since his or her previous qualifications to engage in the bonding business he or she has abided by the provisions of this article, and any person swearing falsely in any of the affidavits is guilty of false swearing.

(b) Persons authorized to engage in the bonding business in criminal cases in the State of West Virginia on the effective date of the amendments made to this section during the regular session of the Legislature in 2004 may continue to engage in the business until September 1, 2004

(a) The commissioner shall propose for legislative approval pursuant to §29A-3-1 et seq. of this code rules he or she considers necessary to carry out the intent, the administration and enforcement of this article. The commissioner may promulgate emergency rules pursuant to W.Va. Code §29A-3-15 as are necessary for the administration of this section.

(b) The rules shall specify the qualifications persons must have when applying for authority to engage in the bonding business in criminal cases in West Virginia, and the terms and conditions upon which the business may be conducted.

(c) The commissioner, in making the rules, and in granting authority to persons to engage in the bonding business, shall take into consideration both the financial responsibility and the moral qualities of the person applying, and no person may be authorized to engage, either as principal or agent, in the business of becoming surety upon bonds for compensation in criminal cases, who has ever been convicted of any offense involving moral turpitude, or who is not known to be a person of good moral character.

(d) The applicant shall provide a qualifying power-of-attorney from a licensed insurer or surety company.

(e) The applicant shall comply with the provisions of W.Va. Code §33-12-37 regarding criminal history record checks.

(f) The commissioner shall require every person authorized to engage in the bonding business as principal to file with the court a list showing the name, age, and residence of each person employed by the bondsman as agent, clerk, or representative in the bonding business, and require an affidavit from each of the persons stating that the person will abide by the terms and provisions of this article.

(g) (1) The commissioner shall require a person authorized as a bail bondsman to renew every two years and to file an affidavit stating that since his or her previous authorization to engage in the bonding business he or she has abided by the provisions of this article.

(2) A person swearing falsely in an affidavit required by this section is guilty of false swearing.

(3) A person seeking to renew his or her authorization to engage in the bonding business is required to submit to the property and casualty licensing procedures for a second time, unless he or she has voluntarily terminated his or her authorization to engage in the bonding business.

(i) The commissioner shall furnish an alphabetical list of all authorized bail bondsmen to each place of detention.

(j) After July 1, 2022, no person may, either as principal, or as agent, clerk, or representative of another, engage in the bonding business in any court regularly exercising criminal jurisdiction until authorized pursuant to the rules.

NOTE: The purpose of this bill is to provide for the regulation of the bail bondsmen business by the Insurance Commissioner.

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

Adopted

Rejected