1.1Senator Latz moved to amend S.F. No. 4097 as follows:
1.2Pages 52 to 63, delete sections 32 to 38 and insert:

1.3    "Sec. 35. [60M.01] DEFINITIONS.
1.4    Subdivision 1. Terms. For the purposes of this chapter, the terms defined in this section
1.5have the meanings given them.
1.6    Subd. 2. Bail bond. "Bail bond" is an instrument which is the tool utilized to guarantee
1.7the appearance of an individual and secure the monetary requirement of the bond.
1.8    Subd. 3. Bail bond agency. "Bail bond agency" means an agency contracted by a surety
1.9to supervise or otherwise manage the bail bond business written in Minnesota by producers
1.10appointed by the surety.
1.11    Subd. 4. Commissioner. "Commissioner" means the commissioner of commerce.
1.12    Subd. 5. Department. "Department" means the Department of Commerce.
1.13    Subd. 6. Depositor. "Depositor" is:
1.14(1) an individual that has paid money to a surety, bail bond agency, or producer as
1.15premium, or premium towards a bail bond product transaction as defined in section 60M.02;
1.16or
1.17(2) an individual that deposited money, property, or assets with a surety, bail bond
1.18agency, or producer to be held as collateral or to be used towards the liability of a bail bond
1.19product transaction as defined in section 60M.03.
1.20    Subd. 7. Negotiate. "Negotiate" means the act of conferring directly with or offering
1.21advice directly to a purchaser or prospective purchaser of a particular insurance contract
1.22concerning any of the substantive benefits, terms, or conditions of the contract, if the person
1.23engaged in the act either sells insurance or obtains insurance from insurers for purchasers.
1.24    Subd. 8. Net premium. "Net premium" means a bond's premium, less any commission
1.25agreed to in advance and in writing between a producer and the surety or bail bond agency.
1.26    Subd. 9. Personal information. "Personal information" has the meaning given in section
1.2772A.491, subdivision 17.
1.28    Subd. 10. Principal. "Principal" is an individual who has engaged with a bail bond
1.29agency or producer to arrange for their bail bond to be posted on their behalf, securing their
1.30release pretrial on a bail bond.
2.1    Subd. 11. Privileged information. "Privileged information" has the meaning given in
2.2section 72A.491, subdivision 19.
2.3    Subd. 12. Producer. "Producer" means a person that is licensed to write bail bonds, has
2.4been approved by the state court administrator's office, is a contractor or employee for a
2.5bail bond agency and is appointed by a surety to execute or countersign bail bonds for the
2.6surety in connection with judicial proceedings.
2.7    Subd. 13. Sell. "Sell" means to exchange a bail bond product for money on behalf of a
2.8surety company.
2.9    Subd. 14. Surety. "Surety" means a domestic, foreign, or alien insurance company that
2.10is licensed to transact surety business in Minnesota under section 60A.06.

2.11    Sec. 36. [60M.02] PREMIUMS.
2.12    Subdivision 1. Premiums; generally. (a) Regardless of whether a producer is an
2.13employee or an independent contractor, a producer must charge the approved, filed rate of
2.14the surety being used to post a bail bond. Except as provided in subdivision 2 or in a situation
2.15where cash bail is set by the court under subdivision 5, the rate charged must not be less
2.16than the surety's filed rate.
2.17(b) A producer is prohibited from providing a premium rebate.
2.18(c) A producer may charge travel or other related fees, provided the producer complies
2.19with section 60K.46, subdivision 2.
2.20    Subd. 2. Minimum premium. A producer must charge a minimum premium of $100.
2.21Any premium amount must be included in the surety's rate filing with the commissioner.
2.22    Subd. 3. Bail bonds less than $10,000. (a) A producer is prohibited from posting a bail
2.23bond with a penal sum of $10,000 or less unless the producer has:
2.24(1) received at least 50 percent of the total premium owed under the surety's rate filing;
2.25(2) provided the depositor with a receipt that indicates the premium paid; and
2.26(3) if the full premium is not collected before posting the bond, a signed promissory
2.27note must be obtained requiring the unpaid premium in full within four months of the date
2.28the bond is posted.
2.29(b) A promissory note issued under paragraph (a), clause (3), must be made on a surety
2.30or bail bond agency form as approved by the commissioner. The maximum annual interest
2.31rate allowed on a promissory note under this subdivision is six percent. A promissory note
3.1may authorize collection of the actual costs incurred to collect the premium, including
3.2reasonable attorney fees, in the event of a default.
3.3    Subd. 4. Bail bonds greater than $10,000. (a) A producer is prohibited from posting
3.4a bail bond with a penal sum greater than $10,000 unless the producer has:
3.5(1) received at least 30 percent of the total premium owed under the surety's rate filing;
3.6(2) provided the depositor with a receipt that indicates the premium paid; and
3.7(3) if the full premium is not collected before posting the bond, a signed promissory
3.8note must be obtained requiring the unpaid premium in full within 12 months of the date
3.9the bond is posted.
3.10(b) A promissory note issued under paragraph (a), clause (3), must be made on a surety
3.11or bail bond agency form as approved by the commissioner. The maximum annual interest
3.12rate allowed on a promissory note under this subdivision is six percent. A promissory note
3.13may authorize collection of the actual costs incurred to collect the premium, including
3.14reasonable attorney fees, in the event of a default.
3.15    Subd. 5. Alternative premium structure. (a) A bail bond agency or producer may
3.16include an alternative premium structure as part of the bail bond agency or producer's surety
3.17rate filing submitted to the commissioner.
3.18(b) If a court sets cash bail at 15 percent or less of the bond's penal amount, a surety,
3.19bail bond agency, or producer may charge an alternative premium that is as low as one-half
3.20of the cash bail amount set by the court. An alternative premium charged under this
3.21subdivision is subject to the minimum premium requirement under subdivision 2.
3.22(c) A bail bond agency or producer is required to obtain from the court documentation
3.23indicating the cash bail amount set by the court and must maintain the documentation in
3.24the bond file.
3.25(d) A bail bond agency and producer must maintain a log of all bonds where an alternative
3.26premium was charged under this subdivision.
3.27(e) Subdivisions 3 and 4 apply to the payment of an alternative premium structure under
3.28this subdivision.
3.29    Subd. 6. Late payments. If a payment, including a minimum monthly payment, that is
3.30required under a promissory note executed pursuant to subdivision 3 or 4 is more than 90
3.31day late, the bail bond agency or producer must, within 20 days of the date a payment
3.32becomes 90 days late:
4.1(1) for amounts owed that are $2,500 or less, assign the debt to a Minnesota-licensed
4.2debt collector; or
4.3(2) for amounts owed that are greater than $2,500:
4.4(i) file a civil action against the delinquent premium payer; and
4.5(ii) make all reasonable efforts to:
4.6(A) serve a summons and complaint;
4.7(B) enter judgment, unless the matter is settled while the action is pending; and
4.8(C) enforce the judgment, which may be satisfied by assigning the debt to a licensed
4.9debt collector.
4.10    Subd. 7. Form of payment. A surety, bail bond agency, or producer may only accept
4.11cash, money orders, checks, wire transfers, electronic funds transfers, debit cards, prepaid
4.12cash cards, or credit cards as a premium payment method. Any balance owed must be
4.13evidenced by a promissory note, as provided under subdivision 3 or 4.
4.14    Subd. 8. Premium trust account. (a) Payment made to, or received by the producer,
4.15bail bond agency, or surety must be deposited into a premium trust account that is maintained
4.16by the producer, bail bond agency, or surety within seven business days.
4.17(b) A premium trust account must be used only for premium payments and travel or
4.18other related fees authorized under subdivision 1, paragraph (c). A producer, bail bond
4.19agency, or surety is prohibited from depositing any other money into a premium trust
4.20account.
4.21(c) A deposit into a premium trust account must be accompanied by a deposit slip that:
4.22(1) separately designates the principal; and
4.23(2) lists the power of attorney number of the bond for which the payment is being
4.24collected.
4.25(d) Money may be withdrawn from a premium trust account only to:
4.26(1) pay the net premium to the surety or bail bond agency;
4.27(2) pay a surety or bail bond agency any build-up fund or escrow account required by
4.28a contract executed by the producer and the surety or bail bond agency;
4.29(3) pay or reimburse travel or other related fees authorized under subdivision 1, paragraph
4.30(c);
5.1(4) pay or reimburse the producer any fees or charges deducted electronically by credit
5.2card processing vendors, provided the fees and charges comply with section 60K.46,
5.3subdivision 2; and
5.4(5) distribute any excess amounts to the operating account.

5.5    Sec. 37. [60M.03] COLLATERAL.
5.6    Subdivision 1. Collateral generally. When collateral is accepted, the producer, surety,
5.7or bail bond agency must provide a written and numbered receipt to the depositor. The
5.8receipt must:
5.9(1) contain the date; depositor's name and address; bail bond agency's name and address;
5.10surety's name and address; defendant's name; bond amount; and cash amount or a detailed
5.11description of the collateral, if the collateral is not cash; and
5.12(2) be signed by:
5.13(i) the producer, surety, or bail bond agency; and
5.14(ii) the depositor.
5.15    Subd. 2. Collateral received; transfer; control. (a) Except as otherwise provided under
5.16paragraph (b), a producer or bail bond agency must transfer all cash and noncash collateral
5.17that the producer or bail bond agency receives to the surety.
5.18(b) A surety may, at the surety's discretion, permit: (1) a producer to transfer all cash
5.19and noncash collateral that the producer receives to the bail bond agency; and (2) the bail
5.20bond agency to retain possession and control over the cash and noncash collateral without
5.21transferring the cash and noncash collateral to the surety. If a surety exercises the surety's
5.22discretion under this paragraph, the bail bond agency assumes the surety's responsibilities
5.23and responsibilities under this section. A producer is prohibited from retaining possession
5.24or control of cash or noncash collateral beyond the time periods established in this section.
5.25    Subd. 3. Cash collateral trust account. (a) All cash collateral must be deposited into
5.26a cash collateral account maintained by a surety or bail bond agency as provided in
5.27subdivision 2, paragraph (b), within seven business days of the date the cash collateral is
5.28received.
5.29(b) All checks, money orders, wire transfers, or similar money transfer for collateral
5.30must be made payable to the bail bond agency and deposited into the surety's or bail bond
5.31agency's collateral account within ten business days of the date the payment was received.
6.1(c) When required by law, a bail bond agency or producer must: (1) file an IRS Form
6.28300 and informational notice; and (2) retain a copy of the filed IRS Form 8300 and
6.3informational notice in the bail bond agency's or producer's files.
6.4    Subd. 4. Separate cash collateral account. At the surety's discretion, the surety or a
6.5bail bond agency may maintain a separate cash collateral trust account. A cash collateral
6.6trust account may be an interest-bearing account or a noninterest-bearing account. If the
6.7separate cash collateral trust account is an interest-bearing account, the interest earned is
6.8for the benefit of the depositor.
6.9    Subd. 5. Surety liable. The surety is liable to return any cash or noncash collateral that
6.10a producer or bail bond agency collects, less any amounts owed under subdivision 9,
6.11paragraph (b), even if the collected collateral is not transferred to the surety.
6.12    Subd. 6. Prohibitions. (a) A surety, bail bond agency, or producer is prohibited from
6.13collecting cash collateral in excess of the bond's penal sum. A surety, bail bond agency, or
6.14producer is prohibited from collecting physical collateral that can be considered unreasonably
6.15higher than the excess of the bond's penal sum, based upon fair market value, less any
6.16outstanding liabilities or lien at the time of the transaction.
6.17(b) A surety, bail bond agency, or producer is prohibited from using collateral for personal
6.18benefit or gain.
6.19(c) A surety, bail bond agency, or producer is prohibited from taking a quitclaim deed
6.20on real property as collateral for a bond.
6.21    Subd. 7. Collateral log. (a) A bail bond agency or producer must maintain a collateral
6.22log that includes:
6.23(1) the power of attorney number;
6.24(2) the principal's name;
6.25(3) the depositor's name;
6.26(4) the cash collateral amount, including whether the cash collateral is being held in an
6.27interest-bearing account;
6.28(5) if the collateral is noncash collateral, a detailed description of the collateral;
6.29(6) the date the collateral was taken; and
6.30(7) the dates the collateral was sent to the surety, returned to the depositor, liquidated,
6.31or applied to a loss or cost incurred by the producer, bail bond agency, or surety.
7.1(b) For purposes of paragraph (a), an indemnity agreement does not constitute collateral
7.2and is not required to be included in the collateral log. For purposes of paragraph (a), clause
7.3(7), the amount of a loss incurred must be listed separately from other costs in the collateral
7.4log.
7.5    Subd. 8. Mortgages and deeds of trust. (a) A mortgage or deed of trust taken as
7.6collateral for a bond must name the surety as a mortgagee. At the discretion of the surety,
7.7a bail bond agency may be named as the mortgagee in lieu of the surety being named as the
7.8mortgagee.
7.9(b) A producer is prohibited from being named as a mortgagee for a mortgage or deed
7.10of trust taken as collateral for a bond.
7.11    Subd. 9. Return of collateral. (a) A surety or bail bond agency that controls the collateral
7.12must return cash and noncash collateral to the depositor named in the collateral receipt
7.13within 21 days of the date the depositor provides the surety or bail bond agency with written
7.14proof that the bond has been discharged.
7.15(b) If the depositor owes the surety, bail bond agency, or producer a premium; is liable
7.16for a loss or expense related to a breach of the bond; or is liable pursuant to the terms of an
7.17indemnity or other agreement, the surety or bail bond agency may retain from the collateral
7.18all money required to satisfy the depositor's debts.
7.19(c) If all of the depositor's debts secured by collateral are satisfied, the surety or bail
7.20bond agency must provide documentation to release any liens, security interests, mortgages,
7.21or other security interests that were filed or obtained in relation to the collateral. The
7.22documentation must be provided within 21 days of the date the depositor provides the surety
7.23or bail bond agency with written proof that the bond has been discharged.
7.24    Subd. 10. Bond or indemnity agreement; breach. If a bond or indemnity agreement
7.25is breached and the surety, bail bond agency, or producer suffers a loss, the surety or bail
7.26bond agency that controls the collateral must send to the depositor written notice that notifies
7.27the depositor that the surety or bail bond agency intends to liquidate noncash collateral. The
7.28written notice must be sent by certified mail to the depositor's last known address at least
7.2930 days before the date the surety or bail bond agency liquidates the noncash collateral.
7.30    Subd. 11. Compliance with Minnesota law. Any action taken to enforce or foreclose
7.31on cash or noncash collateral must comply with Minnesota law.
8.1    Subd. 12. Collateral documentation; audit and inspection. (a) All collateral and related
8.2documentation held in trust by the surety or bail bond agency must be made available for
8.3immediate audit and inspection by the department.
8.4(b) All collateral and related documentation held in trust by the bail bond agency must
8.5be made available for immediate audit and inspection by the surety.

8.6    Sec. 38. [60M.04] PRODUCER AUDITS.
8.7    Subdivision 1. Premium audits. (a) By April 30 each year, a surety must audit each
8.8licensed bail bond producer's bonds written during the previous calendar year to ensure the
8.9licensed bail bond producer has complied with this subdivision.
8.10(b) The premium audits must include a review of an adequate sample of bonds written
8.11by each bail bond producer. A review sample is adequate if it consists of the lesser of: (1)
8.1220 percent of the bonds written by the bail bond producer; (2) 24 bonds; or (3) all of the
8.13bonds written by the bail bond producer, if the bail bond producer wrote fewer than 12
8.14bonds during the previous calendar year. The audit sample must include the four largest
8.15bonds written by the bail bond producer and four bonds that charged an alternative premium
8.16under section 60M.02, subdivision 5, if applicable. Of the remaining bonds audited and to
8.17the extent the quantity of bonds supports the percentages, 50 percent must be randomly
8.18selected bonds with a penal sum that is $10,000 or less, and 50 percent must be randomly
8.19selected bonds with a penal sum that is greater than $10,000.
8.20(c) The premium audit must be conducted at the producer's office or the bail bond
8.21agency's office, depending on which entity maintains the physical records. The surety must
8.22not disclose to the producer or bail bond agency, or anyone affiliated with the surety or bail
8.23bond agency, which files the surety intends to audit until the surety's on-site audit of the
8.24producer begins.
8.25(d) For each bond audited, the surety must confirm that:
8.26(1) the proper premium was charged and collected, including a review of the premium
8.27account statements and deposit slips;
8.28(2) a proper premium receipt is in the producer's file;
8.29(3) if the full premium was not paid before the bond was posted, a proper promissory
8.30note was executed; and
8.31(4) if the premium was not paid as required, the producer complied with the requirements
8.32of section 60M.02, subdivision 6.
9.1(e) An annual premium audit under this section must also include a follow-up review
9.2of each bond audited the previous year for which full premium had not yet been collected
9.3at the time the audit occurred. For each bond subject to a follow-up review, the surety must:
9.4(1) review the premium account and deposit slips to confirm that the full premium was
9.5collected; or
9.6(2) if full payment of the premium was not received, confirm that the producer complied
9.7with the requirements of section 60M.02, subdivision 6.
9.8(f) A bail bond agency or producer will not act on behalf of the surety to conduct their
9.9own bail bond agency or producer audits.
9.10    Subd. 2. Collateral audits. (a) By April 30 each year, a surety must audit each licensed
9.11bail bond producer's bonds written during the previous calendar year to ensure the licensed
9.12bail bond producer has complied with this subdivision.
9.13(b) A collateral audit under this subdivision must include confirmation that:
9.14(1) a collateral log was maintained;
9.15(2) a cash collateral account exists;
9.16(3) the balance of the cash collateral indicated on the collateral log is identical to the
9.17amount held in the collateral trust account; and
9.18(4) a collateral receipt exists for collateral collected, as represented by a sampling of the
9.19lesser of: (i) 20 percent of all bonds secured by collateral; or (ii) 12 bonds that were secured
9.20by collateral.
9.21    Subd. 3. Audits report. (a) By May 31 each year, a surety must prepare a report of the
9.22audits conducted under this section during that year. The report must include:
9.23(1) a list of the bonds audited under subdivision 1 for each producer, including the power
9.24of attorney number used for each audited bond and whether full premium payment was
9.25made by the date the audit occurred;
9.26(2) a list of the bonds included in a follow-up review of the previous year's audit,
9.27including whether full premium payment was collected by the date the audit occurred;
9.28(3) the compliance certifications required under section 60M.07, subdivision 4; and
9.29(4) details regarding any violations discovered during the audit or a statement that no
9.30violations were discovered, as applicable.
10.1(b) The annual report under this subdivision must be maintained for a period of at least
10.236 months from the date the report is complete. Annual reports must be submitted to the
10.3commissioner by June 30 each year.

10.4    Sec. 39. [60M.05] SOLICITATION.
10.5    Subdivision 1. Solicitation generally. (a) A producer is prohibited from, in or on the
10.6grounds of a jail, prison, or other location where an incarcerated person is confined, or in
10.7or on the grounds of a court unless requested by the principal, a potential indemnitor, or the
10.8legal counsel of a principal:
10.9(1) approaching, enticing, inviting, or soliciting a person to use a bail bonds's services;
10.10(2) distributing, displaying, or wearing an item that advertises a bail bonds's services;
10.11(3) no producer or bail bond agency will be permitted to solicit by calling or leaving
10.12messages for principals on jail phones or any other messaging devices available to principals,
10.13while in custody; or
10.14(4) no producer or bail bond agency will be permitted to place money on the canteen or
10.15books of any individual held in custody.
10.16(b) Notwithstanding paragraph (a), clause (3), permissible print advertising in a jail is
10.17limited to:
10.18(1) a listing in a telephone directory; and
10.19(2) posting the producer's or bail bond agency's name, address, and telephone number
10.20in a designated location within the jail, as approved by the jail.
10.21    Subd. 2. Identification; marketing material. A producer is prohibited from wearing
10.22or displaying any information, other than identification approved by the surety or bail bond
10.23agency, which constitutes marketing material that a surety or bail bond agency must approve
10.24and maintain under Minnesota Rules, chapter 2790. A producer is prohibited from displaying
10.25any information constituting marketing material in or on the property or grounds of: (1) a
10.26jail, prison, or other location where incarcerated people are confined; or (2) a court.
10.27    Subd. 3. Other prohibited conduct. (a) A producer is prohibited from loitering in or
10.28about the courthouse, jail, or any other place where individuals are held in custody.
10.29(b) A producer is prohibited from making unauthorized and unsolicited cold calls without
10.30having first spoken with the principal.
11.1(c) A producer is prohibited from soliciting a bond to a person by recorded or electronic
11.2communication, or by live telephone contact, unless the producer otherwise complies with
11.3applicable state and federal law, including but not limited to:
11.4(1) the National Do Not Call Registry under Code of Federal Regulation, title 16, part
11.5310; and
11.6(2) the Telephone Consumer Protection Act of 1991, Code of Federal Regulations, title
11.747, part 64.1200.
11.8(d) A surety, bail bond agency, or producer is prohibited form obtaining a credit check
11.9on a person unless the person has authorized the surety, bail bond agency, or producer to
11.10do so in writing. The surety, bail bond agency, or producer must retain the written
11.11authorization provided by the person subject to the credit check.
11.12    Subd. 4. Compliance with other law. (a) A surety, bail bond agency, and producer
11.13must comply with all federal and state privacy laws related to information provided to a
11.14producer during the application process and during bond underwriting by a bond principal,
11.15indemnitor, or other person.
11.16(b) A surety, bail bond agency, and producer must comply with sections 60K.46,
11.17subdivision 6; 72A.494; 72A.496, subdivision 1; 72A.501; and 72A.502, subdivision 1.
11.18(c) A surety, bail bond agency, and producer must receive preauthorization before
11.19collecting and disclosing personal or privileged information about an applicant or proposed
11.20insured, and must provide all notices otherwise required by Minnesota law.
11.21(d) A surety, bail bond agency, and producer must otherwise comply with all applicable
11.22Minnesota law.
11.23    Subd. 5. Insurance transaction. The act of soliciting, underwriting, negotiating, or
11.24selling a bail bond constitutes an insurance transaction.

11.25    Sec. 40. [60M.06] UNLICENSED INDIVIDUALS; NO REBATES OR PAYMENT.
11.26(a) With the exception of a contracted bail enforcement agent offering a reward for
11.27information that will assist in the location and apprehension of a principal under section
11.28629.63, a surety, bail bond agency, or producer is prohibited from paying a fee or
11.29commission, or otherwise giving or promising anything of value, to: (1) a jailer, police
11.30officer, peace officer, or any other person who has the power to arrest or hold an individual
11.31in custody; or (2) a judge, public official, or public employee.
12.1(b) A surety, bail bond agency, or producer is prohibited from paying a fee or rebate, or
12.2otherwise giving or promising anything of value, to the individual seeking the producer's
12.3services or the individual seeking the producer's services on another individual's behalf.
12.4(c) A surety, bail bond agency, or producer is prohibited from paying a fee or commission,
12.5or otherwise giving or promising anything of value, to a person for selling, soliciting, or
12.6negotiating a bail bond if the person is not properly licensed as a producer.
12.7(d) A surety, bail bond agency, or producer is prohibited from paying a fee, rebate, or
12.8commission, or otherwise giving or promising anything of value, to an inmate for referring
12.9business or for any other reason related to soliciting, negotiating, or selling a bail bond.

12.10    Sec. 41. [60M.07] OTHER PROVISIONS.
12.11    Subdivision 1. Compliance with standards of conduct. A producer must comply with
12.12the Minnesota Court Administrator's Office's bail bond procedures and standards of conduct,
12.13including but not limited to while in or on the property of courts, jails, or other detention
12.14facilities in Minnesota. A surety or bail bond agency must require the surety or bail bond
12.15agency's producers to affirm that the producer complies with any changes to the bail bond
12.16procedures and standards of conduct as the changes are posted to the Minnesota state court
12.17website or the Minnesota Court Administrator's Office's website.
12.18    Subd. 2. No waiver. A producer is prohibited from soliciting or accepting a waiver of
12.19any requirement under this chapter.
12.20    Subd. 3. Record maintenance. (a) A bail bond agency and producer must maintain the
12.21following records on each bond for at least seven years after the date the bond is terminated:
12.22(1) power of attorney;
12.23(2) premium receipts;
12.24(3) the promissory note for unpaid premium, if any;
12.25(4) the cash bond amount set by the court, if an amount less than the filed rate is accepted
12.26for the premium;
12.27(5) all documents related to any lawsuit filed to collect the premium;
12.28(6) indemnity agreements;
12.29(7) collateral receipts, if any;
12.30(8) proof that collateral was returned, if any;
12.31(9) proof of bond exoneration or forfeiture payment;
13.1(10) all records relating to liquidating and converting collateral, including fees or costs;
13.2and
13.3(11) proof of any expenses incurred or losses paid by the surety, bail bond agency, or
13.4producer.
13.5(b) A bail bond agency and producer must maintain all premium account, collateral
13.6account, and operating account bank records, including deposit slips, for at least seven years
13.7after the records are made available.
13.8(c) All records that a bail bond agency or producer maintain under this chapter must be
13.9kept in the bail bond agency or producer's office or storage location, as applicable. If a bail
13.10bond agency or producer's relationship with a surety is terminated, the information and
13.11documentation must be immediately transferred to:
13.12(1) the bail bond agency, if the producer is terminated; or
13.13(2) the surety, if the bail bond agency is terminated.
13.14(d) A bail bond agency and producer's records must be available for the commissioner
13.15or the surety to inspect, with or without notice.
13.16    Subd. 4. Compliance certification. (a) During the surety's annual audit of a producer,
13.17the producer must sign a compliance certification form that attests to the producer's
13.18compliance with this chapter during the previous calendar year.
13.19(b) Before a producer is appointed by a surety and at each license renewal thereafter, a
13.20producer must sign an affidavit of compliance form in which the producer acknowledges
13.21the producer is familiar and continually complies with the requirements under this chapter.
13.22The surety must retain completed affidavits and send requested affidavits to the commissioner
13.23within ten days of the date an affidavit is requested.
13.24(c) The commissioner must establish the compliance certification and affidavit of
13.25compliance forms for use under this subdivision.
13.26    Subd. 5. Producer termination; notice. (a) If a producer's relationship with a surety is
13.27voluntarily or involuntarily terminated due to a violation of this chapter or because the
13.28surety determined the producer violated this chapter during an annual audit, the surety must,
13.29within 30 days of the date the producer is terminated, provide the commissioner with the
13.30terminated producer's name and the reason the producer was terminated.
13.31(b) Another surety is prohibited from appointing a producer subject to a termination
13.32under paragraph (a) unless the department approves the appointment.
14.1    Subd. 6. Access to information. Surety, bail bonds agencies, and producers will be
14.2considered a government associated entity and will be allowed to apply and be granted
14.3access to the Minnesota Government Access system under the Court Access Rules.
14.4    Subd. 7. Surrender of a principal for bail revocation. The courts, jails, and sheriff
14.5offices in the state of Minnesota must comply with section 629.63, allowing for a principal
14.6to be surrendered and received by the jail of the county that the bail bond was originated
14.7from, and to be held in custody until the principal can have a court hearing, where the surety,
14.8bail bond agency, or producer can give evidence and make motion for the revocation and
14.9discharge of the bail bond.
14.10    Subd. 8. Forfeiture timing requirement. The court will order a bail bond forfeited and
14.11send notice to the surety, bail bond agency, or producer no later than 30 days from the date
14.12of a principal failing to appear at a scheduled hearing. Should a court fail to forfeit a bail
14.13bond within 30 days of a principal failing to appear or fail to send notice within seven days
14.14of the forfeiture to the surety, bail bond agency, or producer, the court must allow for a
14.15reinstatement and discharge of the bail bond without penalty. If a court fails to take action
14.16against the bail bond within 30 days of a principal failing to appear at a hearing, the court
14.17must allow for revocation and discharge without penalty."
14.18Renumber the sections in sequence and correct the internal references
14.19Amend the title accordingly
14.20The motion prevailed. #did not prevail. So the amendment was #not adopted.