Bill Summaries: S251 (2025-2026 Session)

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  • Summary date: Mar 6 2025 - View summary

    Adds GS 58-71-2, setting forth a statement of purpose and expressly abrogating any part of the common law that conflicts with Article 71. 

    Amends GS 58-71-30 (allowing a surety to arrest a defendant for purposes of surrendering the defendant before forfeiture of the undertaking or to request a judicial official to order that arrest) by adding new provisions as follows. Bars sureties on a bail bond or undertaking from another state or jurisdiction from arresting the defendant in this state for purposes of surrender, but requires those sureties to use any surety bondsman, professional bondsman, or runner to effect the arrest or surrender of the defendant so long as the surety provides that person with a certified copy of the undertaking.

    Amends GS 58-71-1 as follows. Deletes defined term first-year licensee (any person licensed as a bail bondsman or runner and who has that license for a period of less than 12 months). Sets forth new defined terms direct supervision and provisional licensee (any person licensed as a bail bondsman or runner for less than a period of 24 months). Amends the definition of supervising bail bondsman to be any person licensed as a professional bondsman or surety bondsman that meets the requirements of GS 58-71-41.1, GS 58-71-50, and who employs or contracts with a provisional licensee. Amends definition of surety bondsman so that it is a licensed person who is appointed by the Insurance Commissioner to execute or sign bail bonds for the insurer in connection with the proceedings of another (was, judicial proceedings).

    Amends GS 58-71-41 (governing limitations on first-year licensees) by deleting the reference to "first-year licensees" and replacing that term with the new term "provisional licensee." Removes provision requiring a provisional licensee to work from the same official business address as their supervising bail bondsman. Specifies that the supervising bail bondsman is responsible for the direct supervision of a provisional licensee. Increases the time of a provisional licensee’s supervision from 12 to 24 months.  Increases the time that a first-year bail bondsman cannot serve as supervising bail bondsman from two years to five years. Makes conforming changes, including to section title.

    Adds new GS 58-71-41.1 setting forth the following requirements for supervising bail bondsmen: (1) submission of an application with $200 fee; (2) five years of uninterrupted experience as a licensed bail bondsman; (3) have not violated an order of the Commissioner or had adverse administrative action taken against the applicant’s license pursuant to GS 58-71-80 (disciplinary procedures); (4) demonstration of the competence, experience, or integrity considered by the Commissioner to be necessary to serve as a supervising bail bondsman. Requires renewal applications to be submitted by May 31, with failure to comply resulting in revocation of the bondsman’s status as a supervising bail bondsman.  Sets forth a monthly reporting requirement to the Commissioner of each supervised provisional licensee. Prohibits a supervising bail bondsman from charging a fee for supervising a provisional licensee or from supervising more than two at once. Sets out requirements for the timing of applications for supervising restoring revoked status.

    Expands the list of actions triggering discipline under GS 58-71-80 to include violation of a statute or ordinance that results in injury or death and unnecessary or excessive force by the licensee.  Broadens the conditions requiring the Commission to revoke or deny a license to include administrative adjudications where the Commissioner or other body has found that the applicant or licensee performed the acts necessary to satisfy the elements of a felony. Clarifies that a conviction under the statute includes an adjudication of guilt or a plea of guilty or nolo contendere. Makes conforming changes to refer to provisional licensee and 24-month supervisory period. 

    Amends GS 58-71-71 (governing continuing education requirements for runners or bail bondsmen) to change the due date for completing continuing education from June 30 to May 15.  Makes a conforming change. Amends GS 58-71-75 (licensure renewal) to set an established license renewal due date of May 15 of each even-numbered year (currently, tied to the licensee’s current license expiration date). 

    Prevents, in GS 58-71-40, bail bondsmen and runners from working with or soliciting assistance from an unlicensed person to secure the custody of another. Requires licensees to have an official business address that is a physical location in the state that is separate and apart from any residence or other business and in compliance with all local zoning ordinances and regulations. Bars use of a PO Box as an official business address.  Directs, in GS 58-71-50 (qualifications for bail bondsmen and runners) that licensees must comply with all motor vehicle financial responsibility requirements under GS 20-309 (vehicle registrations).

    Effective July 1, 2025, and applies to bail bondsmen licenses issued or renewed on or after that date.