HOUSE BILL 446

50th legislature - STATE OF NEW MEXICO - first session, 2011

INTRODUCED BY

Gail Chasey

AN ACT

RELATING TO INSURANCE; REMOVING EMPLOYMENT DISQUALIFICATIONS PREVENTING REHABILITATED CRIMINAL OFFENDERS FROM BECOMING BAIL BONDSMEN; DECLARING AN EMERGENCY.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:

     SECTION 1. Section 59A-51-4 NMSA 1978 (being Laws 1984, Chapter 127, Section 931, as amended) is amended to read:

     "59A-51-4. QUALIFICATIONS FOR LICENSE.--Applicants for license as bail bondsman or solicitor pursuant to the provisions of the Bail Bondsmen Licensing Law shall be qualified as follows:

          A. be an individual not less than eighteen years of age;

          B. be a citizen of the United States;

          C. not have been convicted of a felony; [with the exception of a conditional discharge of a felony conviction, or anyone] or having been convicted, have received a conditional discharge of a felony conviction or have completed probation or parole supervision of a felony conviction; or have been properly licensed as of January 1, 2005;

          D. not be a law enforcement, adjudication, jail, court or prosecution official or an employee thereof or an attorney, official authorized to admit to bail, or state or county officer;

          E. if for license as bondsman, pass a written examination testing the applicant's knowledge and competence to engage in the bail bondsman business;

          F. be of good personal and business reputation;

          G. if to act as a property bondsman, be financially responsible and provide the surety bond or deposit in lieu thereof as required in accordance with Section

59A-51-8 NMSA 1978;

          H. if to act as a limited surety agent, be appointed by an authorized surety insurer; and

          I. if for license as a solicitor, have been so appointed by a licensed bail bondsman subject to issuance of the solicitor license."

     SECTION 2. EMERGENCY.--It is necessary for the public peace, health and safety that this act take effect immediately.

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