HOUSE BILL NO. 3111 103RD GENERAL ASSEMBLY
INTRODUCED BY REPRESENTATIVE PHELPS.
6756H.01I JOSEPH ENGLER, Chief Clerk
AN ACT To repeal sections 374.051, 374.695, 374.700, 374.702, 374.705, 374.710, 374.711, 374.715, 374.716, 374.717, 374.719, 374.720, 374.730, 374.740, 374.750, 374.755, 374.757, 374.759, 374.760, 374.763, 374.764, 374.770, 374.775, 374.783, 374.784, 374.785, 374.786, 374.787, 374.788, and 374.789, RSMo, and to enact in lieu thereof thirty-one new sections relating to the professional bail bondsman and surety recovery agent licensure act, with penalty provisions.
Be it enacted by the General Assembly of the state of Missouri, as follows:
Section A. Sections 374.051, 374.695, 374.700, 374.702, 374.705, 374.710, 374.711, 2 374.715, 374.716, 374.717, 374.719, 374.720, 374.730, 374.740, 374.750, 374.755, 374.757, 3 374.759, 374.760, 374.763, 374.764, 374.770, 374.775, 374.783, 374.784, 374.785, 374.786, 4 374.787, 374.788, and 374.789, RSMo, are repealed and thirty-one new sections enacted in 5 lieu thereof, to be known as sections 324.2100, 324.2103, 324.2106, 324.2109, 324.2112, 6 324.2115, 324.2118, 324.2121, 324.2124, 324.2127, 324.2130, 324.2133, 324.2136, 7 324.2139, 324.2142, 324.2145, 324.2148, 324.2151, 324.2154, 324.2157, 324.2160, 8 324.2163, 324.2166, 324.2169, 324.2172, 324.2175, 324.2178, 324.2181, 324.2184, 9 324.2187, and 374.051, to read as follows: [374.695.] 324.2100. Sections [374.695 to 374.789] 324.2100 to 324.2187 may be 2 known and shall be cited as the "Professional Bail Bondsman and Surety Recovery Agent 3 Licensure Act". [374.700.] 324.2103. As used in sections [374.695 to 374.789] 324.2100 to 324.2187, 2 the following terms shall mean:
EXPLANATION — Matter enclosed in bold-faced brackets [thus] in the above bill is not enacted and is intended to be omitted from the law. Matter in bold-face type in the above bill is proposed language. HB 3111 2
3 (1) "Bail bond agent", a surety agent or an agent of a property bail bondsman who is 4 duly licensed pursuant to the provisions of sections [374.695 to 374.789] 324.2100 to 5 324.2187, is employed by and is working under the authority of a licensed general bail bond 6 agent; 7 (2) "Bail bond or appearance bond", a bond for a specified monetary amount which is 8 executed by the defendant and a qualified licensee pursuant to sections [374.695 to 374.789] 9 324.2100 to 324.2187, and which is issued to a court or authorized officer as security for the 10 subsequent court appearance of the defendant upon the defendant's release from actual 11 custody pending the appearance; 12 (3) "Board", the board of professional surety bail bond agents established in 13 section 324.2106; 14 (4) "Department", the department of commerce and insurance of the state of 15 Missouri; 16 [(4)] (5) "Director", the director of the division of professional registration of the 17 department of commerce and insurance; 18 [(5)] (6) "Division", the division of professional registration of the department of 19 commerce and insurance; 20 (7) "General bail bond agent", a surety agent or a property bail bondsman, as defined 21 in sections [374.700 to 374.775] 324.2103 to 324.2166, who is licensed in accordance with 22 sections [374.700 to 374.775] 324.2103 to 324.2166 and who devotes at least fifty percent of 23 his or her working time to the bail bond business in this state; 24 [(6)] (8) "Insurer", any surety insurance company which is qualified by the 25 department to transact surety business in Missouri; 26 [(7)] (9) "Licensee", a bail bond agent or a general bail bond agent; 27 [(8)] (10) "Property bail bondsman", a person who pledges United States currency, 28 United States postal money orders or cashier's checks or other property as security for a bail 29 bond in connection with a judicial proceeding, and who receives or is promised therefor 30 money or other things of value; 31 [(9)] (11) "Surety bail bond agent", any person appointed by an insurer by power of 32 attorney to execute or countersign bail bonds in connection with judicial proceedings, and 33 who receives or is promised money or other things of value therefor; 34 [(10)] (12) "Surety recovery agent", a person not performing the duties of a sworn 35 peace officer who tracks down, captures and surrenders to the custody of a court a fugitive 36 who has violated a bail bond agreement, excluding a bail bond agent or general bail bond 37 agent; 38 [(11)] (13) "Taking a bail" or "take bail", the acceptance by a person authorized to 39 take bail of the undertaking of a sufficient surety for the appearance of the defendant HB 3111 3
40 according to the terms of the undertaking or that the surety will pay to the court the sum 41 specified. Taking of bail or take bail does not include the fixing of the amount of bail and no 42 person other than a competent court shall fix the amount of bail. 324.2106. 1. The "Board of Professional Surety Bail Bond Agents" is hereby 2 created within the division of professional registration. The board shall be a body 3 corporate and may sue and be sued. The board shall guide, advise, and make 4 recommendations to the division and fulfill all other responsibilities designated by 5 sections 324.2100 to 324.2187. The duties and responsibilities of the board shall not take 6 full force and effect until such time as the governor appoints the members of the board 7 and the appointments are confirmed by the senate. 8 2. Upon appointment by the governor and confirmation by the senate of the 9 members of the board, the board shall assume the duties and responsibilities assigned to 10 it under sections 324.2100 to 324.2187. 11 3. All rules and regulations promulgated under sections 374.695 to 374.789 shall 12 continue to be effective and shall be deemed to be duly adopted rules and regulations of 13 the board until revised, amended, or repealed by the board. The board shall review 14 such rules and regulations and shall adopt new rules and regulations as required for the 15 administration of sections 324.2100 to 324.2187. 16 4. Any person licensed under sections 374.695 to 374.789 before the appointment 17 by the governor and confirmation by the senate of the members of the board shall be 18 considered licensed by the board. 19 5. The board shall be composed of seven members appointed by the governor 20 with the advice and consent of the senate. Three members shall have been actively 21 engaged in the general bail bond business for the five years immediately preceding their 22 appointment, one member shall be a member of the judiciary, one member shall be a 23 law enforcement officer, and two members shall be licensed bail bond or surety recovery 24 agents. Each member of the board shall be a citizen of the United States, a resident of 25 this state for at least one year, and a registered voter. No more than one private bail 26 bond board member shall be employed by, or affiliated with, the same bail bond agency 27 or business organization. 28 6. The members shall be appointed for terms of five years, except of the first two 29 members appointed who are bail bond or surety recovery agents, one member shall be 30 appointed for a term of five years and one member shall be appointed for a term of 31 three years. Any vacancy on the board shall be filled for the unexpired term of the 32 member. HB 3111 4
33 7. The members of the board may receive compensation, as determined by the 34 director for their services, if appropriate, and shall be reimbursed for actual and 35 necessary expenses incurred in performing their official duties on the board. 36 8. (1) There is hereby created in the state treasury the "Board of Professional 37 Surety Bail Bond Agents Fund", which shall consist of moneys collected under sections 38 324.2100 to 324.2187. The state treasurer shall be custodian of the fund. In accordance 39 with sections 30.170 and 30.180, the state treasurer may approve disbursements. The 40 fund shall be a dedicated fund and, upon appropriation, moneys in this fund shall be 41 used solely for the administration of sections 324.2100 to 324.2187. 42 (2) Notwithstanding the provisions of section 33.080 to the contrary, moneys in 43 this fund shall not be transferred and placed to the credit of general revenue until the 44 amount in the fund at the end of the biennium exceeds three times the amount of the 45 appropriation from the fund for the preceding fiscal year. The amount, if any, in the 46 fund that shall lapse is that amount in the fund that exceeds the appropriate multiple of 47 the appropriations from the fund for the preceding fiscal year. 48 (3) The state treasurer shall invest moneys in the fund in the same manner as 49 other funds are invested. Any interest and moneys earned on such investments shall be 50 credited to the fund. [374.702.] 324.2109. 1. No person shall engage in the bail bond business as a bail 2 bond agent or a general bail bond agent without being licensed as provided in sections 3 [374.695 to 374.775] 324.2100 to 324.2166. 4 2. No judge, attorney, court official, law enforcement officer, state, county, or 5 municipal employee who is either elected or appointed shall be licensed as a bail bond agent 6 or a general bail bond agent. 7 3. A licensed bail bond agent shall not execute or issue an appearance bond in this 8 state without holding a valid appointment from a general bail bond agent and without 9 attaching to the appearance bond an executed and prenumbered power of attorney referencing 10 the general bail bond agent or insurer. 11 4. A person licensed as an active bail bond agent shall hold the license for at least two 12 years prior to owning or being an officer of a licensed general bail bond agent. 13 5. A general bail bond agent shall not engage in the bail bond business: 14 (1) Without having been licensed as a general bail bond agent pursuant to sections 15 [374.695 to 374.775] 324.2100 to 324.2166; or 16 (2) Except through an agent licensed as a bail bond agent pursuant to sections 17 [374.695 to 374.775] 324.2100 to 324.2166. 18 6. A general bail bond agent shall not permit any unlicensed person to solicit or 19 engage in the bail bond business on the general bail bond agent's behalf, except for HB 3111 5
20 individuals who are employed solely for the performance of clerical, stenographic, 21 investigative, or other administrative duties which do not require a license pursuant to 22 sections [374.695 to 374.789] 324.2100 to 324.2187. 23 7. Any person who is convicted of a violation of this section is guilty of a class A 24 misdemeanor. For any subsequent convictions, a person who is convicted of a violation of 25 this section is guilty of a class E felony. [374.705.] 324.2112. 1. The [department shall administer and enforce the provisions 2 of sections 374.695 to 374.789, prescribe the duties of its officers and employees with respect 3 to sections 374.695 to 374.789, and] board shall promulgate, pursuant to [section 374.045 4 and] chapter 536, such rules and regulations within the scope and purview of the provisions of 5 sections [374.695 to 374.789] 324.2100 to 324.2187 as the [director] board considers 6 necessary and proper for the effective administration and interpretation of the provisions of 7 sections [374.695 to 374.789] 324.2100 to 324.2187. 8 2. The [director] board shall set the amount of all fees authorized and required by the 9 provisions of sections [374.695 to 374.789] 324.2100 to 324.2187 by rules and regulations 10 promulgated pursuant to chapter 536. All such fees shall be set at a level designed to produce 11 revenue which shall not substantially exceed the cost and expense of administering the 12 provisions of sections [374.695 to 374.789] 324.2100 to 324.2187. However, such fees shall 13 not exceed one hundred fifty dollars every two years for biennial licenses and renewable 14 licenses for general bail bond agents as provided for in section [374.710] 324.2115. 15 3. For the purposes of sections 324.2100 to 324.2187, the division shall: 16 (1) Employ board personnel within the limits of the appropriations for that 17 purpose as established in sections 324.2100 to 324.2187; 18 (2) Exercise all administrative functions; and 19 (3) Deposit all fees collected under sections 324.2100 to 324.2187 by transmitting 20 such funds to the department of revenue for deposit in the state treasury to the credit of 21 the board of professional surety bail bond agents fund established in section 324.2106. 22 4. Any rule or portion of a rule, as that term is defined in section 536.010, that is 23 created under the authority delegated in this section shall become effective only if it 24 complies with and is subject to all of the provisions of chapter 536 and, if applicable, 25 section 536.028. This section and chapter 536 are nonseverable and if any of the powers 26 vested with the general assembly pursuant to chapter 536 to review, to delay the 27 effective date, or to disapprove and annul a rule are subsequently held unconstitutional, 28 then the grant of rulemaking authority and any rule proposed or adopted after August 29 28, 2026, shall be invalid and void. [374.710.] 324.2115. 1. Except as otherwise provided in sections [374.695 to 2 374.775] 324.2100 to 324.2166, no person or other entity shall practice as a bail bond agent HB 3111 6
3 or general bail bond agent, as defined in section [374.700] 324.2103, in Missouri unless and 4 until the [department] board has issued to him or her a license, to be renewed every two years 5 as hereinafter provided, to practice as a bail bond agent or general bail bond agent. 6 2. An applicant for a bail bond and general bail bond agent license shall submit with 7 the application proof that he or she has received twenty-four hours of initial basic training in 8 areas of instruction in subjects determined by the [director] board deemed appropriate to 9 professionals in the bail bond profession. Bail bond agents and general bail bond agents who 10 are licensed at the date which this act becomes law shall be exempt from such twenty-four 11 hours of initial basic training. 12 3. In addition to the twenty-four hours of initial basic training to become a bail bond 13 agent or general bail bond agent, there shall be eight hours of biennial continuing education 14 for all bail bond agents and general bail bond agents to maintain their state license. The 15 [director] board shall determine said appropriate areas of instruction for said biennial 16 continuing education. The [director] board shall determine which institutions, organizations, 17 associations, and individuals shall be eligible to provide the initial basic training and the 18 biennial continuing education instruction. The [department] board may allow state 19 institutions, organizations, associations, or individuals to provide courses for the initial basic 20 training and the biennial continuing education training. The cost shall not exceed two 21 hundred dollars for the initial basic training and one hundred fifty dollars for biennial 22 continuing education. 23 4. Upon completion of said basic training or biennial continuing education and the 24 licensee meeting the other requirements as provided under sections [374.695 to 374.789] 25 324.2100 to 324.2187, the [director] board shall issue a two-year license for the bail bond 26 agent or general bail bond agent for a fee not to exceed one hundred fifty dollars. 27 5. Nothing in sections [374.695 to 374.775] 324.2100 to 324.2166 shall be construed 28 to prohibit any person from posting or otherwise providing a bail bond in connection with any 29 legal proceeding, provided that such person receives no fee, remuneration or consideration 30 therefor. [374.711.] 324.2118. 1. The [department of commerce and insurance] board may 2 require that fingerprint submissions be made as part of an application seeking a license, or 3 renewal of a license, for and as a general bail bond agent, a bail bond agent, or a surety 4 recovery agent, as such terms are defined in section [374.700] 324.2103. 5 2. If the [department of commerce and insurance] board requires that fingerprint 6 submissions be made as part of such application, the [department of commerce and insurance] 7 board shall require applicants to submit the fingerprints to the Missouri state highway patrol 8 for the purpose of conducting a state and federal fingerprint-based criminal history 9 background check. HB 3111 7
10 3. The fingerprints and any required fees shall be sent to the Missouri state highway 11 patrol's central repository. The fingerprints shall be used for searching the state criminal 12 records repository and shall also be forwarded to the Federal Bureau of Investigation for a 13 federal criminal records search under section 43.540. The Missouri state highway patrol shall 14 notify the [department] board of any criminal history record information or lack of criminal 15 history record information discovered on the individual. Notwithstanding the provisions of 16 section 610.120 to the contrary, all records related to any criminal history information 17 discovered shall be accessible and available to the [department] board. [374.715.] 324.2121. 1. Applications for examination and licensure as a bail bond 2 agent or general bail bond agent shall be in writing and on forms prescribed and furnished by 3 the [department] board, and shall contain such information as the [department] board 4 requires. Each application shall be accompanied by proof satisfactory to the [department] 5 board that the applicant is a citizen of the United States, has a high school diploma or general 6 education development certificate (GED), is of good moral character, and meets the 7 qualifications for surety on bail bonds as provided by supreme court rule. Each application 8 shall be accompanied by the examination and application fee set by the [department] board. 9 Individuals currently employed as bail bond agents and general bail bond agents shall not be 10 required to meet the education requirements needed for licensure pursuant to this section. 11 2. In addition, each applicant for licensure as a general bail bond agent shall furnish 12 proof satisfactory to the [department] board that the applicant or, if the applicant is a 13 corporation, that each officer thereof has completed at least two years as a bail bond agent, 14 and that the applicant possesses liquid assets of at least ten th