7066 Surety Bond RequireCONSOLIDATED -SALIVA
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ORDINANCE NUMBER 7066
(Published in The Salina Journal 1968)
AN ORDINANCE PROVIDING FOR THE LICENSING OF PERSONS WHO RECEIVE COMPENSATION FOR BECOMING
A SURETY ON BAIL BONDS: PRESCRIBING CERTAIN RULES AND REGULATIONS RELATIVE TO THE ISSUANCE
AND REVOCATION OF SAID LICENSE: AND PROVIDING FOR THE PENALTIES FOR VIOLATIONS THEREOF.
BE IT ORDAINED by the Governing Body of the City of Salina, Kansas:
Section 1. That the Salina Code is hereby amended by adding the following sections
which shall read as follows:
Section 29-20. License required.
No person, firm or corporation, other than a surety company
authorized to do business in the State of Kansas by the State
Insurance Commissioner, shall demand or receive compensation for
becoming or providing surety on any bail bond, recognizance bond,
appeal bond, or other court bond unless such person, firm or
corporation shall have a license issued by the City of Salina.
Section 29-21. Presumption of receiving compensation.
Any person, firm or corporation, other than a surety company
authorized to do business in the State of Kansas by the State
Insurance Commissioner, who shall within one calendar year execute
or file three or more bonds, as enumerated in Section 29-20 hereof,
shall be presumed to be receiving compensation therefor, and the
said person, firm or corporation shall have the burden of providing
by a preponderance of evidence that no compensation has been or is
to be received.
Section 29-22. License required of agent or employee.
It is further provided that any person who acts in writing
bonds as the agent or employee of any person, firm or corporation
licensed under the provisions of this chapter, shall have a
license issued by the City of Salina.
Section 29-23. Application for license - Contents - Fee.
Any person desiring to secure a license under the provisjions
of this chapter shall make a verified application in duplicate, both
of which copies shall be filed with the City Clerk. Such application
shall be upon a form provided by the City Clerk and shall contain:
(a). The name and residence of the applicant and how long
he has resided within Saline County, Kansas.
(b). A statement that the applicant is a citizen of the
United States and not less than twenty-one years of age and that
he has not within five years immediately preceding the making' of
application, been convicted of a felony or any crime involving
moral turpitude.
(c). The location and legal description of real property which
will be pledged by the applicant as surety for the bonds, and whether
the real property is encumbered and the amount of the encumbrances,
if any.
(d). The applicant shall file with his application a verified
appraisement of the real property which is to be pledged by the
applicant as surety for bonds. The appraisement to be made under
oath by a member of the American Institute of Real Estate Appraisers
or by a member of the Salina Real Estate Board.
(e). The applicant shall file with his application a current
abstract opinion by a duly qualified attorney-at-law on the real
property which is to be pledged by the applicant.
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Section 29-27. °evocation - Grounds for.
The Board of Commissioners, upon five days written notice
to the person holding any license under the provisions of thus
j chapter, shall revoke such license for any of the following reasons:
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(a). If a licensee has fraudulently obtained the license
by giving false information in the application therefor;
(b). If the licensee has been convicted in the Municipal
Court of Salina, Kansas, of violating any of the terms of this
chapter;
(c). If the licensee has become ineligible to obtain a
license under the provisions of this chapter;
Section 29-28. Suspension of license for violations not justifying
revocation.
The Chief of Police, with ;.he approval of the City Manager,
upon five days written notice to the person holding any license
issued under the provisions of this chapter, shall have the
authority to suspend such license for a period of not to exceed
thirty days for any violation of the provisions of this chapter,
which violation does not in his judgement justify a recommen ation
of revocation; provided, however, that the licensee may appeall such
order of suspension to the Board of Commissioners within seveln days
from the date of such order.
Section 29-29. List of licensees and fee schedules - postingj.
Section 29-31. Licensee not to solicit business at Police Department.
No licensee shall personally or otherwise solicit business, in
at, or near the Police Department.
Sectinn 29-32. Licensee not to loiter in courtroom or Police Department.
No licensee shall loaf or loiter in the Police Departmei
any courtroom therein and shall upon entering the Police Depi
conduct his business as quickly as possible and upon finishii
business shall immediately leave the Police Department.
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The Chief of Police shall maintain a list of persons, firms
or corporations licensed under the provisions of this chapter. He
shall post a copy of said list in a conspicuous place in the booking
rooms in the Police Station and a copy of said list on the wajll
adjacent to the telephone in the jail on the second floor of the
Police Station. Said list shall contain, after the name of the
person, firm or corporation licensed, the telephone number of each
j licensee. Said list shall be changed each week and the names' and
telephone numbers of the licensees rotated in such a manner so as
to insure that no licensee shall receive any advantage by reason
of said licensees' name and telephone number appearing first 'on
the list.
Each licensee shall furnish to the Chief of Police a schedule
of the minimum and maximum fees charged by such licensee. The
Chief of Police shall post a copy of such fee schedule charged by each
licensee beside the list of persons, firms or corporations licensed
under the provisions of this chapter and their telephone numbers as
herein provided. This section shall not be construed as settling
the fees of the licensees and said licensees may charge such ',fees
as they may desire so long as said fee is within the limits set
forth in the schedule of fees furnished to the Chief of Police by
said licensee as herein provided.
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Section 29-30. Licensee not to enter Police Department without
revious request.
No licensee shall enter the Police Department for the purpose
of obtaining employment as a bondsman, without having previously
been called by a person in custody or by an attorney or some other
person acting in behalf of the person in custody.
Section 29-31. Licensee not to solicit business at Police Department.
No licensee shall personally or otherwise solicit business, in
at, or near the Police Department.
Sectinn 29-32. Licensee not to loiter in courtroom or Police Department.
No licensee shall loaf or loiter in the Police Departmei
any courtroom therein and shall upon entering the Police Depi
conduct his business as quickly as possible and upon finishii
business shall immediately leave the Police Department.
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CONSOLIDATED-SALINA
(a). A person who is not a resident of Saline County, Kansas,
and who has not been a resident in good faith of Saline County, Kansas,
for at least one year prior to the filing of the application.
(b). A person who is not a citizen of the United States'.
(c). A person, who, within five years immediately preceding
the date of making application, has been convicted of a felony or
of any crime involving moral turpitude.
(d). A firm, unless one of the members of the firm is a.
resident of Saline County, Kansas, and has resided in said county
for more than one year preceding the filing of the application for
the license, and unless all the members of the firm shall otherwise
excepting residence requirements, be qualified to obtain a license.
(e). A corporation, if any manager, officer or director
thereof or any stockholder owning in the aggregate more than
twenty-five percent of the stock of such corporation, would be
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ineligible to receive a license hereunder for any reason other
than non -residence with the county; provided however, that at
j least one manager, officer, director, shall comply with the
requirements of subsection (a) above.
(f). A person, firm or corporation who shall have any
unsatisfied forfeiture or judgement thereon entered on any bail
bond in any court of the City of Salina, Kansas, or of the State
of Kansas, or of the United States of America, unless the net
market value of the real property owned by the licensee and used
as security for bonds after forfeiture and judgements be in excess
of $ 10,000.00
The action of the Governing Body of the City upon such license
application shall show upon the minutes of the commission meeting.
If the license is granted, the Board of Commissioners shall direct
the license collector to issue the proper license. If the application
for license is refused, the license fee shall be immediately
returned to the person who made the application.
Section 29-26. Fees - Full amount to be paid; no rebate.
There are hereby prescribed the following license fees for
persons, firm or corporations who are covered by the terms of
this chapter:
(a). Persons, firms or corporations who demand or receive,
directly, or indirectly, compensation for becoming or providing
surety on any bond, as provided for in Section 29-25 .......
$ 10.00
(b). Any person who shall act in writing bonds as the agent
or employee of any person, firm or corporation licensed under
the provisions of this chapter ......... $ 5.00
The full amount of the license fee shall be paid regardless
of the time of the year the application is made, and the licensee
shall operate under the license for the remainder of the cal ndar
year for which the license is issued. No rebate or return of any
portion of the license fee shall be made in case the license is
revoked for any cause provided for in this chapter.
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Section 29-24. Applicant to be fingerprinted.
No applicantion for the issuance of a license as herein provided
shall be granted unless the applicant be fingerprinted at Police
Headquarters, said fingerprints to be forwarded to the United States
Department of Justice.
Section 29-25. Examination of application - denial of License to
i certain persons - Issuance of License.
If the application for a license is in proper form and accompanied
by the license fee as provided in Section 29-26, the Board of
Commissioners shall examine the application not later than the second
regular meeting following the filing of the application. After
examining the application, the Board of Commissioners, if they approve
the same, shall issue a license to the applicant, provided, that no
license shall be issued to:
(a). A person who is not a resident of Saline County, Kansas,
and who has not been a resident in good faith of Saline County, Kansas,
for at least one year prior to the filing of the application.
(b). A person who is not a citizen of the United States'.
(c). A person, who, within five years immediately preceding
the date of making application, has been convicted of a felony or
of any crime involving moral turpitude.
(d). A firm, unless one of the members of the firm is a.
resident of Saline County, Kansas, and has resided in said county
for more than one year preceding the filing of the application for
the license, and unless all the members of the firm shall otherwise
excepting residence requirements, be qualified to obtain a license.
(e). A corporation, if any manager, officer or director
thereof or any stockholder owning in the aggregate more than
twenty-five percent of the stock of such corporation, would be
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ineligible to receive a license hereunder for any reason other
than non -residence with the county; provided however, that at
j least one manager, officer, director, shall comply with the
requirements of subsection (a) above.
(f). A person, firm or corporation who shall have any
unsatisfied forfeiture or judgement thereon entered on any bail
bond in any court of the City of Salina, Kansas, or of the State
of Kansas, or of the United States of America, unless the net
market value of the real property owned by the licensee and used
as security for bonds after forfeiture and judgements be in excess
of $ 10,000.00
The action of the Governing Body of the City upon such license
application shall show upon the minutes of the commission meeting.
If the license is granted, the Board of Commissioners shall direct
the license collector to issue the proper license. If the application
for license is refused, the license fee shall be immediately
returned to the person who made the application.
Section 29-26. Fees - Full amount to be paid; no rebate.
There are hereby prescribed the following license fees for
persons, firm or corporations who are covered by the terms of
this chapter:
(a). Persons, firms or corporations who demand or receive,
directly, or indirectly, compensation for becoming or providing
surety on any bond, as provided for in Section 29-25 .......
$ 10.00
(b). Any person who shall act in writing bonds as the agent
or employee of any person, firm or corporation licensed under
the provisions of this chapter ......... $ 5.00
The full amount of the license fee shall be paid regardless
of the time of the year the application is made, and the licensee
shall operate under the license for the remainder of the cal ndar
year for which the license is issued. No rebate or return of any
portion of the license fee shall be made in case the license is
revoked for any cause provided for in this chapter.
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Section 29-33• Licensee not to give legal advice or require
employment of particular attorney.
No licensee shall offer or give legal advice to his client, or
attempt to foretell or predict to said client the outcome of the
case under which the client is charged and shall not advise the
client to appeal any decision of any court nor shall any licensee
refuse to furnish a bond unless a particular attorney is to be
retained.
Section 29-34. Licensee to sit in spectator section of courtroom.
Any licensee hereunder who shall be present in the courtroom in
the Police Department while court is in session shall sit back of the
railing in the chairs provided for spectators.
Section 29-35• Licensee not to recommend particular attorney.
No licensee shall recommend, directly or indirectly, any
particular lawyer to any client for whom a bond has been executed.
Section 29-36. Licensee not to refer client to particular attorne
or obtain authorization for attorney to represent
client.
No licensee shall, directly or indirectly, refer any bail bond
client to any particular lawyer nor shall any licensee hereunder obtain
from any bail bond client any authorization which authorizes a lawyer
to represent or plead guilty in court the person for whom a bond has
been furnished.
Section 29-37. Referral of Bail Bond business for compensation prohibited
except by licensed agent or employee.
No licensee shall, directly or indirectly, pay or promise to pay or
give to any person, any compensation to secure send or refer, or for
securing, sending or referring bail bond business or clients to or for
said licensee except said person be licensed as an agent or employee of
said licensee under the provisions of this chapter.
Section 29-38. Sale or acquisition of property by licensee - Notice.
Any licensee who shall encumber, sell, or otherwise dispose of any
property listed in his application for a license, shall forthwith notify
in writing the license collector of the encumbrance, sale or disposal.
In the event the licensee acquires other property to be used as
security for bonds, the licensee shall furnish to the license collector
a verified appraisal thereof, all as required in Section 29-23.
Section 2. The above ordinance shall become effective upon adoption and publicati
in the official city newspaper; provided however, that any person effected by the provisions
hereof shall have thirty days after the effective date thereof to secure his license in
compliance with this ordinance.
(SEAL)
Attest:
City Clerk
Introduced: June 10, 1968
Passed: June 17, 1968
Mayor