H*3525(Rat #0196, Act #0127 of 1999)  General Bill, By Scott

Similar(S 290)
 A BILL TO AMEND SECTION 38-53-10, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA,
 1976, RELATING TO DEFINITIONS ASSOCIATED WITH THE PROVISIONS RELATING TO BAIL
 BONDSMEN AND RUNNERS, SO AS TO REVISE THE DEFINITION OF RUNNER AND TO FURTHER
 PROVIDE THAT RUNNERS MAY EXECUTE BONDS ON BEHALF OF A LICENSED BONDSMAN WHEN A
 POWER OF ATTORNEY HAS BEEN RECORDED; AND TO AMEND SECTION 38-53-200, AS
 AMENDED, RELATING TO THE SIGNING OF BONDS, SO AS TO PROVIDE THAT A
 PROFESSIONAL OR SURETY BONDSMAN MAY NOT GIVE POWER OF ATTORNEY TO, OR
 AUTHORIZE A PERSON TO COUNTERSIGN HIS NAME TO BONDS UNLESS THE AUTHORIZED
 PERSON IS A LICENSED BONDSMAN OR RUNNER EMPLOYED BY THE BONDSMAN GIVING POWER
 OF ATTORNEY, AND TO DELETE THE ONLY REQUIREMENT THAT POWERS OF ATTORNEY AND
 REVOCATIONS OF POWERS OF ATTORNEY ISSUED BY AN INSURER APPOINTING SURETY
 BONDSMEN BE FILED WITH THE CLERK OF COURT; AND BY ADDING SECTION 38-53-102 SO
 AS TO PROVIDE THAT THE LICENSE OF A BAIL BONDSMAN, HIS ASSOCIATES, AFFILIATES,
 OR RUNNERS WHO REFER DEFENDANTS TO A PARTICULAR ATTORNEY OR LAW FIRM MUST BE
 SUSPENDED.-AMENDED TITLE

   02/11/99  House  Introduced, read first time, placed on calendar
                     without reference HJ-24
   02/17/99  House  Committed to Committee on Judiciary HJ-19
   04/21/99  House  Committee report: Favorable Judiciary HJ-72
   04/27/99  House  Read second time HJ-20
   04/28/99  House  Read third time and sent to Senate HJ-11
   04/28/99  Senate Introduced and read first time SJ-12
   04/28/99  Senate Referred to Committee on Banking and Insurance SJ-12
   05/20/99  Senate Recalled from Committee on Banking and Insurance SJ-5
   05/25/99  Senate Read second time SJ-48
   05/25/99  Senate Ordered to third reading with notice of
                     amendments SJ-48
   05/26/99  Senate Amended SJ-26
   05/26/99  Senate Read third time and returned to House with
                     amendments SJ-26
   06/01/99  House  Non-concurrence in Senate amendment HJ-61
   06/02/99  Senate Senate insists upon amendment and conference
                     committee appointed Sens. Saleeby, Glover,
                     Martin SJ-46
   06/02/99  House  Conference committee appointed Reps. Scott,
                     Campsen and Whatley HJ-101
   06/03/99  Senate Free conference powers granted SJ-31
   06/03/99  Senate Free conference committee appointed Sens.
                     Saleeby, Glover, Martin SJ-31
   06/03/99  Senate Free conference report received and adopted SJ-31
   06/03/99  House  Free conference powers granted HJ-86
   06/03/99  House  Free conference committee appointed Reps.
                     Campsen, Scott and Whatley HJ-87
   06/03/99  House  Free conference report adopted HJ-87
   06/03/99  House  Ordered enrolled for ratification HJ-114
   06/24/99         Ratified R 196
   06/30/99         Signed By Governor
   06/30/99         Effective date 06/30/99
   07/07/99         Copies available
   07/27/99         Act No. 127

AN ACT TO AMEND SECTION 38-53-10, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS ASSOCIATED WITH THE PROVISIONS RELATING TO BAIL BONDSMEN AND RUNNERS, SO AS TO REVISE THE DEFINITION OF RUNNER AND TO FURTHER PROVIDE THAT RUNNERS MAY EXECUTE BONDS ON BEHALF OF A LICENSED BONDSMAN WHEN A POWER OF ATTORNEY HAS BEEN RECORDED; TO AMEND SECTION 38-53-200, AS AMENDED, RELATING TO THE SIGNING OF BONDS, SO AS TO PROVIDE THAT A PROFESSIONAL OR SURETY BONDSMAN MAY NOT GIVE POWER OF ATTORNEY TO, OR AUTHORIZE A PERSON TO COUNTERSIGN HIS NAME TO BONDS UNLESS THE AUTHORIZED PERSON IS A LICENSED BONDSMAN OR RUNNER EMPLOYED BY THE BONDSMAN GIVING POWER OF ATTORNEY, AND TO DELETE ONLY THE REQUIREMENT THAT POWERS OF ATTORNEY AND REVOCATIONS OF POWERS OF ATTORNEY ISSUED BY AN INSURER APPOINTING SURETY BONDSMEN BE FILED WITH THE CLERK OF COURT; AND BY ADDING SECTION 38-53-102 SO AS TO PROVIDE THAT THE LICENSE OF A BAIL BONDSMAN, HIS ASSOCIATES, AFFILIATES, OR RUNNERS WHO REFER DEFENDANTS TO A PARTICULAR ATTORNEY OR LAW FIRM MUST BE SUSPENDED.

Be it enacted by the General Assembly of the State of South Carolina:

Bail bondsmen and runners; definitions

SECTION 1. Section 38-53-10 of the 1976 Code, as last amended by Act 425 of 1998, is further amended to read:

"Section 38-53-10. As used in this chapter:

(1) 'Accommodation bondsman' means a person who has reached the age of eighteen years, is a resident of this State, who, aside from love and affection and release of the person concerned, receives no consideration for action as surety, and who endorses the bail bond after providing satisfactory evidence of ownership, value, and marketability of real property to the extent necessary to reasonably satisfy the official taking bond that the real or personal property will in all respects be sufficient to assure that the full principal sum of the bond will be realized in the event of breach of the conditions of the bond. 'Consideration' as used in this item does not include the legal rights of a surety against a defendant by reason of breach of the conditions of a bail bond nor does it include collateral furnished to and securing the surety so long as the value of the surety's rights in the collateral does not exceed the defendant's liability to the surety by reason of a breach in the conditions of the bail bond.

(2) 'Bail bond' means an undertaking by the defendant to appear in court as required upon penalty of forfeiting bail to the State in a stated amount and may include an unsecured appearance bond, a premium-secured appearance bond, an appearance bond secured by a cash deposit of the full amount of the bond, an appearance bond secured by a mortgage, and an appearance bond secured by at least one surety.

(3) 'Bail bondsman' means a surety bondsman, professional bondsman, or an accommodation bondsman as defined in this chapter.

(4) 'Clerk of court', unless otherwise specified, means the clerk of the circuit court of the county in the state where the bondsman is currently writing or obligated on the majority of those bail bonds which he has written or on which he is obligated.

(5) 'Court', unless otherwise specified, means circuit, magistrate's, or municipal court.

(6) 'Insurer' means any domestic, foreign, or alien surety company which has qualified generally to transact surety business and specifically to transact bail bond business in this State.

(7) 'Obligor' means a principal or a surety on a bail bond.

(8) 'Principal' means a defendant or witness obligated to appear in court as required upon penalty of forfeiting bail under a bail bond.

(9) 'Professional bondsman' means any person who is approved and licensed under the provisions of this chapter and who pledges cash or approved securities with the clerk of court as security for bail bonds written in connection with a judicial proceeding and receives or is promised money or other things of value for the pledge.

(10) 'Runner' means a person employed by a bail bondsman for the purpose of assisting the bail bondsman in presenting the defendant in court when required, assisting in the apprehension and surrender of the defendant to the court, keeping the defendant under necessary surveillance, and executing bonds on behalf of the licensed bondsman when the power of attorney has been recorded. 'Runner' does not include an attorney or a law enforcement officer assisting a bondsman.

(11) 'Surety' means one who, with the defendant, is liable for the amount of the bail bond upon forfeiture of bail.

(12) 'Surety bondsman' means any person who is approved by and licensed by the director or his designee as an insurance agent, appointed by an insurer by power of attorney to execute or countersign bail bonds for the insurer in connection with judicial proceedings, and receives or is promised money or other things of value for the execution or countersignature.

(13) 'Appropriate judge' means a magistrate, municipal, or circuit court judge who has jurisdiction over the defendant.

(14) 'Good cause' means the violation of a specific term of the bail bond not to include the nonpayment of fees."

Signing of bonds by a bondsman's associates

SECTION 2. Section 38-53-200 of the 1976 Code, as last amended by Act 425 of 1998, is further amended to read:

"Section 38-53-200. A professional or surety bondsman may not sign or countersign blank bail bonds, nor may he give a power of attorney to, or otherwise authorize, anyone to countersign his name to bonds unless the authorized person is a licensed bondsman or runner directly employed by the bondsman giving power of attorney. Copies of all the powers of attorney and revocations of the powers of attorney must be filed immediately with the department and the clerk of the circuit court of the county in the state where the bondsman giving the power of attorney is currently writing or is obligated on bail bonds."

Suspension of the license of a bail bondsman, his associates, affiliates, or runners

SECTION 3. The 1976 Code is amended by adding:

"Section 38-53-102. Notwithstanding any other provision of law, the department must suspend for a period of five years the license of a bail bondsman, his associates, affiliates, or runners who refer defendants to attorneys. However, nothing contained in this section shall be construed to prohibit a bail bondsman, his associates, affiliates, or runners from indicating to a defendant that he should contact an attorney for professional assistance, as long as the bail bondsman, his associates, affiliates, or runners do not mention or in any other manner suggest or indicate a particular attorney or law firm by name."

Time effective

SECTION 4. This act takes effect upon approval by the Governor.

Ratified the 24th day of June, 1999.

Approved the 30th day of June, 1999.