SB 896 - This act creates the "Professional Bail Bondsman and Surety Recovery Agent Licensure Act". No person shall engage in the activities of a bail bond agent or a general bail bond agent without being licensed. Judges, attorneys, court officials, law enforcement officers and public employees cannot be licensed as bail bond agents or general bail bond agents. A licensed bail bond agent cannot execute or issue appearance bonds without a valid appointment from a general bail bond agent and without attaching to the appearance bond an executed and prenumbered power of attorney referencing the general bail bond agent or insurer. A bail bond agent shall not hold an appointment and execute or issue bonds for more than one general bail bond agent at a time. A bail bond agent must be licensed for four years before being licensed as a general bail bond agent and have at least $10,000 in liquid assets along with an assignment of $10,000 to the state. Any person acting as a bail bond agent without a license shall be guilty of a Class A misdemeanor. A person posting a bail bond who receives no fee is not affected by such licensing requirements. An applicant for a bail bond agent license or a general bail bond agent license shall apply to the Director of the Department of Insurance. The application shall be accompanied by a duly executed general power of attorney issued by the general bail bond agent of the insurer for whom the agent will be acting. The application shall also include proof that the applicant is a Missouri resident or corporation and has the paid annual franchise tax. Applicants must have a high school diploma or GED, be at least 21 years of age and of good moral character, meet the qualifications provided by the Supreme Court rules, and be a citizen of the United States. Every bail bond agent shall file a power of attorney form with the Department of Insurance and maintain records. No insurer or licencee, court or law enforcement officer, shall pay a fee or give consideration in order to secure a settlement, compromise, remission or reduction of the amount of any bail bond. A licensee may accept collateral security from the principal in a fiduciary capacity which collateral shall be returned upon final termination of liability on the bond. The licensee must provide a prenumbered written receipt and report the acceptance of the collateral to the general bail bond agent. This act allows the Department of Insurance to grant a license without a written exam to a bail bond agent who was licensed, immediately prior to applying with the Department, in another state if the individual meets certain qualifications. The Department of Insurance may negotiate reciprocal compacts with other states. This act modifies the reasons the Department of Insurance may file a complaint with the administrative hearing commission against a license holder under this act or a person who fails to renew his or her license. This act allows the Director of the Department of Insurance to examine and inquire into all violations of the bail bond law of this state and business transacted by any bail bond agent, general bail bond agent or surety recovery agent. In lieu of formal discipline of a bail bond agent, the director may enter into agreements for monetary penalties. The director is also given the power to issue a cease and desist order or seek an injunction. This act requires surety recovery agents to be licensed. The Director of the Department of Insurance shall control the licensing process. Applications for examination and licensure as a surety recovery agent shall be prescribed by the department and be accompanied by proof that the applicant is a US citizen, is 21 years old, and has a high school diploma or GED. The completion of an approved training course with at least 40 hours of training is required. The act lists the areas which persons conducting the training will have expertise in. Licensed bail bond agents performing fugitive recovery must be licensed as a surety recovery agent. The Director shall issue a license for a period of one year to any surety recovery agent licensed in another jurisdiction whose requirements are similar to those in Missouri. The director may negotiate reciprocal compacts with other states' licensing entities. This act sets out provisions for renewal of licenses. The Director may cause a complaint to be filed with the Administrative Hearing Commission. In lieu of filing a complaint with the Administrative Hearing Commission, the Director and surety recovery agent may enter into an agreement for a monetary penalty. A surety recovery agent may detain a subject in a lawful manner and enter upon private or public property in a lawful manner to execute apprehension of the subject if the agent has probable grounds to believe the subject breached the terms of the surety agreement. The agent may detain the subject in a lawful manner for no more than 72 hours if travel time is required. The agent may transport the subject from state to state, and county to county, to a place of authorized surrender. It is a Class D felony if a person holds himself out to be a licensed surety agent without obtaining a license. While performing fugitive recovery, the agent must display a photo identification card. A court may forfeit the bond and order an execution hearing between 90 and 150 days after the person fails to appear. If the bail bond agent provides proof that it is physically impossible for the defendant, bail bond agent or surety to satisfy conditions of the bond, the bail bond agent or surety shall be released from liability and all money and property deposited with the court shall be returned within ten days. Upon forfeiture of the bond, the court may order that the defendant's driver's license be suspended until such time as the defendant has satisfied the forfeiture. The act establishes that a defendant shall be surrendered without the return of premium for the bond if the indemnitor attests in writing the desire to be released or if the agent discovers the defendant is guilty of certain activities. This act is identical to SCS/SB 157 (2003). SUSAN HENDERSON