SB388 Alabama 2019 Session

Under existing law, a bail bondsman must be approved as either a professional surety company or professional bail company and be approved by the presiding circuit judge of each county in which the bail bondsman desires to operate

This bill would create the Alabama Bail Bond Regulatory Act to require professional bondsmen and recovery agents to register with the Alabama Professional Bail Bonding Board, created under the act

This bill would provide for the membership and duties of the board, would provide procedures for licensure applications, would specify qualifications for licensure, and would provide criminal penalties for making false statements to the board

This bill would also provide for the suspension and revocation of licenses and would require licensees to complete continuing professional education

Amendment 621 of the Constitution of Alabama of 1901, now appearing as Section 111.05 of the Official Recompilation of the Constitution of Alabama of 1901, as amended, prohibits a general law whose purpose or effect would be to require a new or increased expenditure of local funds from becoming effective with regard to a local governmental entity without enactment by a 2/3 vote unless: it comes within one of a number of specified exceptions; it is approved by the affected entity; or the Legislature appropriates funds, or provides a local source of revenue, to the entity for the purpose

The purpose or effect of this bill would be to require a new or increased expenditure of local funds within the meaning of the amendment. However, the bill does not require approval of a local governmental entity or enactment by a 2/3 vote to become effective because it comes within one of the specified exceptions contained in the amendment

Relating to bail bonds; to require professional bondsmen and recovery agents to register with the Alabama Professional Bail Bonding Board; to create the board; to provide for the membership and duties of the board; to create the Alabama Bail Bond Board Fund; to provide procedures for licensure applications; to provide for qualifications for licensure; to provide for criminal penalties for making false statements to the board; to provide for the suspension and revocation of licenses; to authorize civil penalties for violations; to require the completion of continuing education; and in connection therewith would have as its purpose or effect the requirement of a new or increased expenditure of local funds within the meaning of Amendment 621 of the Constitution of Alabama of 1901, now appearing as Section 111.05 of the Official Recompilation of the Constitution of Alabama of 1901, as amended.