BILL ANALYSIS                                                                                                                                                                                                    Ó



                                                                    AB 1406


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          Date of Hearing:  April 22, 2015


                           ASSEMBLY COMMITTEE ON INSURANCE


                                   Tom Daly, Chair


          AB 1406  
          (Gordon) - As Amended April 20, 2015


          SUBJECT:  Insurance:  bail license fees


          SUMMARY:  Imposes a $15 fee on all bail transactions to fund  
          enforcement efforts by the Department of Insurance (department).  
           Specifically, this bill:  


          1)Requires a surety insurer to pay a $15 fee on all bail  
            transactions.



          2)Creates the Bail Investigation and Prosecution Fund (fund)  
            within the Insurance Fund to receive bail transaction fee  
            revenue.



          3)Permits the department to spend the proceeds of the bail  
            transaction fee as follows:



               a.     70% shall be used to pay for investigating and  
                 prosecuting unlawful conduct by bail agents and  








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                 responding to consumer complaints.



               b.     30% shall be used to provide grants to local  
                 prosecutors for investigating and prosecuting bail cases.



          4)Establishes rules for the grant program broadly consistent  
            with other local prosecutor grant programs administered by the  
            department.



          5)Requires the Insurance Commissioner (commissioner) to reduce  
            the bail transaction fee if the fund has a balance exceeding  
            $8 million.

          6)Allows the commissioner to adopt regulations regarding the  
            disposition of excess revenues in the fund.



          7)Requires the commissioner to provide an annual report  
            regarding its bail related enforcement actions.





          8)Sunsets the bail transaction fee on January 1, 2021.



          EXISTING LAW:  


          1)Requires surety insurers and bail agents to be licensed by the  








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            department.


          2)Requires a bail agent to pay a fee every other year to renew  
            his or her license.


          3)Establishes industry assessments to fund consumer service and  
            enforcement functions for automobile insurance and life and  
            annuity insurance products.


          





          FISCAL EFFECT:  Undetermined


          COMMENTS:  





           1)Purpose  .  According to the author, the bill is motivated by  
            the growth and seriousness of bail complaints received by the  
            department.  The department's resource limitations have  
            prevented the creation of a comprehensive bail enforcement  
            program.  Funds are not only needed to create an aggressive  
            prevention, investigation, and prosecution program dedicated  
            to eliminating illegal bail schemes, but also to educate and  
            increase outreach on bail laws in California.  This bill would  
            impose a fee of $15 per bond transaction to all surety  
            companies transacting bail in California.  Thirty percent of  
            the funds would be distributed to city attorneys and county  
            district attorneys and the other seventy percent would be  








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            allocated within the department to investigate, enforce, and  
            prosecute illegal bail activity and code violations.  Similar  
            programs are in place for automobile insurance and  
            investigations related to life insurance and annuity products.  
             Imposing this assessment would provide dedicated resources to  
            investigate bail-related complaints and prosecute those cases  
            that rise to the level of criminal conduct.  It would also  
            better enable the department to regulate and oversee bail  
            products and would also assist city attorneys and county  
            district attorneys in investigating and prosecuting surety  
            insurer and bail cases.  



           2)Bail  .  Once a person is arrested on a criminal charge and  
            booked into a jail, the question is whether the accused  
            remains in custody. Depending on many factors, an accused may  
            be released to await court dates on his or her "own  
            recognizance" or "bail" will be set.  If bail is set, that  
            means a specific amount of money, usually in the form of a  
            bail bond, is required to be paid to the courts in order to  
            secure the appearance in court of the accused.  Bail is  
            usually determined by a "schedule" or the accused can have a  
            bail hearing in front of a judge.  The bail schedule has  
            pre-set amounts for a particular crime.  If a bail hearing is  
            warranted, a judge determines the amount of the bail bond. If  
            an accused does not wish to pay the full amount ordered by the  
            court for release, or cannot afford the full amount, the  
            accused may seek the services of a bail agent.  Under existing  
            law, a bail agent must be solicited for bail directly by the  
            arrestee, the arrestee's attorney of record, or an adult  
            friend or family member. The bail agent may post bail for the  
            accused as a guarantee for the person's appearance at mandated  
            court hearings and for release from custody.  

            In California, a bail agent is a person licensed and regulated  
            by the department and will post the bond for the accused.  A  
            bail agent works with one or more bail surety companies, which  
            essentially operate as an insurer backing the bail bond. In  








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            this instance, the bail agent takes responsibility for the  
            accused making all court appearances and if the accused fails  
            to appear, the bail agent will be the party responsible to pay  
            the court the full amount of the bail bond. 
            Bail bonds may be negotiated in several ways. Most commonly, a  
            bail agent charges eight or ten percent of the bail bond,  
            commonly referred to as premium.  This is the bail agent's  
            commission. The accused does not get any of this money back  
            unless the bail agent chooses to rebate monies back to the  
            accused.  For example, on a $25,000 bail, the ten percent  
            premium paid to the bail agent is $2,500.  In turn, the bail  
            agent must pay the surety a percentage of the $2,500 based on  
            the bail agents contract with the surety insurer involved.   
            Collateral may take many forms, including a lien on house or a  
            car.  When all appearances are made and the case resolved, the  
            money provided to the court for bail will go back to the party  
            that paid - either the accused or the bail agent. If the  
            accused fails to appear for any court appearance at any time,  
            that money is forfeited to the court and a warrant is issued  
            for the arrest of the person.  

           3)Industry Assessments  .  The department operates similar  
            programs funded by industry assessments for automobile  
            insurance and life and annuity products.  As with this bill,  
            an industry assessment supports departmental operations costs  
            incurred regulating its licensees and providing grants to  
            local law enforcement agencies to cover the cost of  
            investigations and prosecutions related to licensee conduct.   
            The department is pursuing an industry assessment for bail  
            agents because of the limited size of the bail agent  
            population.  With about 3,000 bail licensees it is impractical  
            to fund the regulatory program required exclusively with  
            licensing fees.  The department reports an increase in the  
            number and severity of consumer complaints regarding bail  
            licensees and believes that more resources are needed to  
            respond to the problem.  While no formal fiscal estimate has  
            been completed, the bill would likely produce approximately  
            $2.5 million per year in added revenue for the department, of  
            which approximately $1.8 million per year would go to support  








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            its bail licensee enforcement program (the remainder being  
            provided as grants to local prosecutors).  That is three times  
            the total annual revenue the department collects from its bail  
            licensees and will support a significant expansion in the  
            department's enforcement efforts related to bail licensees. 
             
           REGISTERED SUPPORT / OPPOSITION:




          Support


          Department of Insurance (sponsor)


          Alameda County District Attorney


          California District Attorneys Association


          California State Sheriffs Association


          City Attorney of Los Angeles


          Northern California Fraud Investigator Association Anti-Fraud  
          Alliance


          Peace Officers Research Association of California


          Santa Clara County District Attorney










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          Numerous individuals (including individual bail agents)




          Opposition


          American Bail Coalition


          California Bail Agents Association


          Golden State Bail Agents Association (GSBAA)


          Professional Bail Agents of the United States (PBUS)


          Numerous individuals (including individual bail agents)




          Analysis Prepared by:Paul Riches / INS. / (916) 319-2086