Bail licenses; require suspension of when bail agent fails to pay insurer.

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To: Judiciary B
MISSISSIPPI LEGISLATURE REGULAR SESSION 2026

By: Representative Burch

HOUSE BILL NO. 904

AN ACT TO AMEND SECTION 83-39-3, MISSISSIPPI CODE OF 1972, TO 1
REQUIRE THE COMMISSIONER TO SUSPEND A BAIL LICENSE WHERE A LICENSE 2
HAS BEEN GRANTED TO A PROFESSIONAL BAIL AGENT, SOLICITING BAIL 3
AGENT OR BAIL ENFORCEMENT AGENT AND EVIDENCE IS PRESENTED, 4
SUBSEQUENTLY, THAT A COURT HAS RENDERED A CIVIL JUDGMENT AGAINST 5
THAT AGENT BECAUSE OF MONIES OWED TO AN INSURER OR PROFESSIONAL 6
BAIL AGENT FOR REASONS PERTAINING TO HIS OR HER EMPLOYMENT OR 7
TERMINATION OF EMPLOYMENT; TO PROVIDE THAT AFTER THE JUDGEMENT HAS 8
BEEN SATISFIED, A HEARING TO REINSTATE THE LICENSE MAY BE 9
REQUESTED AND THE LICENSE MAY BE REINSTATED UPON PRESENTATION OF 10
THE SATISFACTION OF THE JUDGEMENT; TO AMEND SECTION 83-39-25, 11
MISSISSIPPI CODE OF 1972, TO CLARIFY THAT CREDIT CARD TRANSACTION 12
FEES, BOND TRANSFER FEES AND ANY OTHER FEES AUTHORIZED BY LAW OR 13
REGULATION SHALL NOT BE CONSIDERED PART OF THE PREMIUM, COMMISSION 14
OR FEE CHARGED UNDER THIS SECTION; AND FOR RELATED PURPOSES. 15
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI: 16
SECTION 1. Section 83-39-3, Mississippi Code of 1972, is 17
amended as follows: 18
83-39-3. (1) No person shall act in the capacity of 19
professional bail agent, soliciting bail agent or bail enforcement 20
agent, as defined in Section 83-39-1, or perform any of the 21
functions, duties or powers of the same unless that person shall 22
be qualified and licensed as provided in this chapter. The terms 23
of this chapter shall not apply to any automobile club or 24
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association, financial institution, insurance company or other 25
organization or association or their employees who execute bail 26
bonds on violations arising out of the use of a motor vehicle by 27
their members, policyholders or borrowers when bail bond is not 28
the principal benefit of membership, the policy of insurance or of 29
a loan to such member, policyholder or borrower. 30
(2) (a) No license shall be issued or renewed except in 31
compliance with this chapter, and none shall be issued except to 32
an individual. No firm, partnership, association or corporation, 33
as such, shall be so licensed. No professional bail agent shall 34
operate under more than one (1) trade name. A soliciting bail 35
agent and bail enforcement agent shall operate only under the 36
professional bail agent's name. No license shall be issued to or 37
renewed for any person who has ever been convicted of a crime that 38
the commissioner finds directly relates to the duties and 39
responsibilities of the business of a professional bail agent, 40
soliciting bail agent, or bail enforcement agent, including, but 41
not limited to, any felony that involves an act of fraud, 42
dishonesty, or a breach of trust, or money laundering. No license 43
shall be issued to any person who is under twenty-one (21) years 44
of age. No person engaged as a law enforcement or judicial 45
official or attorney shall be licensed hereunder. A person who is 46
employed in any capacity at any jail or corrections facility that 47
houses state, county or municipal inmates who are or may be 48
eligible for bail, whether the person is a public employee, 49
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independent contractor, or the employee of an independent 50
contractor, may not be licensed under this section. 51
(b) (i) No person who is a relative of either a sworn 52
state, county or municipal law enforcement official or judicial 53
official, or an employee, independent contractor or the 54
contractor's employee of any police department, sheriff's 55
department, jail or corrections facility that houses or holds 56
federal, state, county or municipal inmates who are or may be 57
eligible for bail, shall write a bond in the county where the law 58
enforcement entity or court in which the person's relative serves 59
is located. "Relative" means a spouse, parent, grandparent, 60
child, sister, brother, or a consanguineous aunt, uncle, niece or 61
nephew. Violation of this prohibition shall result in license 62
revocation. 63
(ii) No person licensed under this chapter shall 64
act as a personal surety agent in the writing of bail during a 65
period he or she is licensed as a limited surety agent, as defined 66
herein. 67
(iii) No person licensed under this chapter shall 68
give legal advice or a legal opinion in any form. 69
(3) The department is vested with the authority to enforce 70
this chapter. The department may conduct investigations or 71
request other state, county or local officials to conduct 72
investigations and promulgate such rules and regulations as may be 73
necessary for the enforcement of this chapter. The department may 74
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establish monetary fines and collect such fines as necessary for 75
the enforcement of such rules and regulations. All fines 76
collected shall be deposited in the Special Insurance Department 77
Fund for the operation of that agency. 78
(4) (a) Each license issued hereunder shall expire 79
biennially on the last day of September of each odd-numbered year, 80
unless revoked or suspended prior thereto by the department, or 81
upon notice served upon the commissioner by the insurer that the 82
authority of a limited surety agent to act for or on behalf of 83
such insurer had been terminated, or upon notice served upon the 84
commissioner that the authority of a soliciting bail agent or bail 85
enforcement agent had been terminated by such professional bail 86
agent. 87
(b) A soliciting bail agent or bail enforcement agent 88
may, upon termination by a professional bail agent or upon his 89
cessation of employment with a professional bail agent, be 90
relicensed without having to comply with the provisions of 91
subsection (7)(a) and (b) of this section, if he has held a 92
license in his respective license category within ninety (90) days 93
of the new application, meets all other requirements set forth in 94
Section 83-39-5 and subsection (7)(b) of this section, and 95
notifies the previous professional bail agent in writing that he 96
is submitting an application for a new license. 97
(5) The department shall prepare and deliver to each 98
licensee a license showing the name, address and classification of 99
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the licensee, and shall certify that the person is a licensed 100
professional bail agent, being designated as a personal surety 101
agent or a limited surety agent, a soliciting bail agent or a bail 102
enforcement agent. In addition, the license of a soliciting bail 103
agent or bail enforcement agent, shall show the name of the 104
professional bail agent and any other information as the 105
commissioner deems proper. 106
(6) The commissioner, after a hearing under Section 107
83-39-17, may refuse to issue a privilege license for a soliciting 108
bail agent to change from one (1) professional bail agent to 109
another if he or she owes any premium or debt to the professional 110
bail agent with whom he or she is currently licensed. The 111
commissioner, after a hearing under Section 83-39-17, shall refuse 112
to issue a license for a limited surety agent if he or she owes 113
any premium or debt to an insurer to which he or she has been 114
appointed. If a license has been granted to a * * * professional 115
bail agent, soliciting bail agent or bail enforcement agent and 116
evidence is presented, subsequently, that a court has rendered a 117
civil judgment against that agent because of monies owed to an 118
insurer or professional bail agent for reasons pertaining to his 119
or her employment or termination of employment, the 120
commissioner * * * shall * * * suspend the license until such time 121
as the judgement is satisfied. After the judgement has been 122
satisfied, a hearing to reinstate the license for the professional 123
bail agent, soliciting bail agent or bail enforcement agent may be 124
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requested under Section 83-39-17 and upon presentation of the 125
satisfaction of the judgement, the license may be reinstated. 126
(7) (a) Before the issuance of any initial professional 127
bail agent, soliciting bail agent or bail enforcement agent 128
license, the applicant shall submit proof of successful completion 129
of forty (40) hours of prelicensing education approved by the 130
Mississippi Insurance Department unless the applicant is currently 131
licensed under this chapter on July 1, 2014, and has maintained 132
that license in compliance with the continuing education 133
requirements of subsection (8) of this section. Any applicant who 134
has met all continuing education requirements as set forth in 135
subsection (8)(a) of this section and has been properly licensed 136
under this chapter within ninety (90) days of submitting an 137
application for a license shall not be subject to the prelicensing 138
education requirement. 139
(b) All applicants for a professional bail agent, 140
soliciting bail agent or bail enforcement agent license applying 141
for an original license after July 1, 2014, shall successfully 142
complete a limited examination by the department for the 143
restricted lines of business before the license can be issued; 144
however, this examination requirement shall not apply to any 145
licensed bail soliciting agent and bail enforcement agent 146
transferring to another professional bail agent license, any 147
licensed bail soliciting agent applying for a bail enforcement 148
agent license, and any licensed bail enforcement agent applying 149
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for a bail soliciting agent license. An applicant shall only be 150
required to successfully complete the limited examination once. 151
(c) Beginning on July 1, 2011, in order to assist the 152
department in determining an applicant's suitability for a license 153
under this chapter, the applicant shall submit a set of 154
fingerprints with the submission of an application for license. 155
The department shall forward the fingerprints to the Department of 156
Public Safety for the purpose of conducting a criminal history 157
record check. If no disqualifying record is identified at the 158
state level, the Department of Public Safety shall forward the 159
fingerprints to the Federal Bureau of Investigation for a national 160
criminal history record check. Fees related to the criminal 161
history record check shall be paid by the applicant to the 162
commissioner and the monies from such fees shall be deposited in 163
the special fund in the State Treasury designated as the 164
"Insurance Department Fund." 165
(8) (a) Before the renewal of the license of any 166
professional bail agent, soliciting bail agent or bail enforcement 167
agent, the applicant shall submit proof of successful completion 168
of continuing education hours as follows: 169
(i) There shall be no continuing education 170
required for the first licensure year; 171
(ii) Except as provided in subparagraph (i), eight 172
(8) hours of continuing education for each year or part of a year 173
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of the two-year license period, for a total of sixteen (16) hours 174
per license period. 175
(b) If an applicant for renewal failed to obtain the 176
required eight (8) hours for each year of the license period 177
during the actual license year in which the education was required 178
to be obtained, the applicant shall not be eligible for a renewal 179
license but shall be required to obtain an original license and be 180
subject to the education requirements set forth in subsection (7). 181
The commissioner shall not be required to comply with Section 182
83-39-17 in denying an application for a renewal license under 183
this paragraph (b). 184
(c) The education hours required under this subsection 185
(8) shall be approved by the Mississippi Insurance Department. 186
(d) The continuing education requirements under this 187
subsection (8) shall not be required for renewal of a bail agent 188
license for any applicant who is sixty-five (65) years of age and 189
who has been licensed as a bail agent for a continuous period of 190
twenty (20) years immediately preceding the submission of the 191
application as evidenced by submission of an affidavit, under 192
oath, on a form prescribed by the department, signed by the 193
licensee attesting to satisfaction of the age, licensing, and 194
experience requirements of this paragraph (d). 195
(9) No license as a professional bail agent shall be issued 196
unless the applicant has been duly licensed by the department as a 197
soliciting bail agent for a period of three (3) consecutive years 198
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immediately preceding the submission of the application. However, 199
this subsection (9) shall not apply to any person who was licensed 200
as a professional bail agent before July 1, 2011. 201
(10) A nonresident person may be licensed as a professional 202
bail agent, bail soliciting agent or bail enforcement agent if: 203
(a) The person's home state awards licenses to 204
residents of this state on the same basis; and 205
(b) The person has satisfied all requirements set forth 206
in this chapter. 207
(11) On or before October 1, 2016, the Insurance Department 208
shall establish a statewide Electronic Bondsmen Registry for all 209
licenses, powers of appointment and powers of attorney requiring 210
registration under this section. Once established, each 211
professional bail agent, limited surety agent, bail soliciting 212
agent, bail enforcement agent or insurance company writing bail 213
bonds shall be required under this subsection (11) to register and 214
maintain a record of each required license, power of appointment 215
and power of attorney in the registry. Failure to comply with 216
this provision will subject the agent to the penalties provided in 217
Section 83-39-29. 218
(12) From and after July 1, 2016, the expenses of this 219
agency shall be defrayed by appropriation from the State General 220
Fund and all user charges and fees authorized under this section 221
shall be deposited into the State General Fund as authorized by 222
law. 223
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(13) From and after July 1, 2016, no state agency shall 224
charge another state agency a fee, assessment, rent or other 225
charge for services or resources received by authority of this 226
section. 227
SECTION 2. Section 83-39-25, Mississippi Code of 1972, is 228
amended as follows: 229
83-39-25. (1) A professional bail agent or his or her agent 230
shall charge and collect for his or her premium, commission, or 231
fee an amount of ten percent (10%) of the amount of bail per bond 232
posted by him or her, or One Hundred Dollars ($100.00), whichever 233
is greater, except on a bond on a defendant who is charged with a 234
capital offense, or on a defendant who resides outside the State 235
of Mississippi, in which case the premium, commission or fee shall 236
be fifteen percent (15%) of the amount of bail, per bond posted by 237
him or her, or One Hundred Dollars ($100.00), whichever is 238
greater. 239
(2) A professional bail agent or his or her agent shall also 240
charge an additional Fifty Dollars ($50.00) processing fee on each 241
bond issued by him. 242
(3) Nothing herein shall prohibit a professional bail agent 243
or his or her agent from holding collateral or taking a security 244
interest in collateral for the purpose of insuring the payment of 245
the premium of the bond posted or indemnifying the professional 246
bail agent for losses incurred due to a forfeiture of a bond or 247
the costs of apprehension and surrender of the principal. 248
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ST: Bail licenses; require suspension of when
bail agent fails to pay insurer.
(4) Any fee charged by a professional bail agent or his or 249
her agent for court-approved electronic monitoring or drug testing 250
shall not be considered part of the premium, commission or fee 251
charged under this section. Credit card transaction fees, bond 252
transfer fees and any other fees authorized by law or regulation 253
shall not be considered part of the premium, commission or fee 254
charged under this section. 255
SECTION 3. This act shall take effect and be in force from 256
and after July 1, 2026. 257