96-9732 Municipal Courtc�mua�b.saa�
(Published in The Salina Journal April 24 1996)
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AN ORDINANCE AMENDING CHAPTER 23, SECTIONS 23-16,23-21,23-
25,
3-16,23-21,23-
25, 23-27 AND 23-28 OF THE SALINA CODE PERTAINING TO MUNICIPAL
COURT, ADDING SECTIONS 23-31 AND 23-32, AND REPEALING THE EXISTING
SECTIONS.
BE IT ORDAINED by the Governing Body of the City of Salina, Kansas:
Section 1. That Sections 23-16, 23-21, 23-25, 23-27 and 23-28 of the Salina
Code are hereby amended to read as follows:
"Section 23-16. Definitions.
The following word, terms or phrases, as used in this article, shall have the
following meanings:
(1) Bail Bond Agent - A person who acts in writing bonds on behalf of a Bail
BBond Company.
(2) Bail Bond Company - Any person or firm, other than an insurance
company, who issues bail bonds for compensation.
(3) Firm - A firm, partnership, association of persons, corporation, limited
liability company, organization, or any other group acting as a unit.
(4) Insurance Agent - Any person licensed by the Kansas State Insurance
CCommissioner to write surety bonds in the State of Kansas and who represents an
authorized insurance company.
(5) Insurance Company - A company authorized to transact business by the
Kansas State Insurance Commissioner to write surety bonds.
Section 23-21. Bail Bond Company license; Application.
Any person or firm desiring to secure a license for a Bail Bond Company
shall file, with the City Clerk, an application provided by the City Clerk. Such
application shall contain the following information and any other information
deemed necessary by the City Clerk:
(1) The business name, address, phone number and type of business entity..
(2) The name, address, phone number and date of birth for each owner.
(3) A statement from each owner listing any felony convictions or convictions
of any crime involving moral turpitude within 5 years of the application date.
(4) A pledge of real estate or letter of credit as provided in Sections 23-22 and
23-23.
Section 23-25. Bail Bond Agent license; Application.
Any person desiring to secure a license as a Bail Bond Agent shall file, with
the City Clerk, an application provided by the City Clerk. Such application shall
contain the following information and any other information deemed necessary by
the City Clerk:
(1) The name, address and phone number of the applicant.
(2) The applicant's date of birth.
(3) A statement listing any felony convictions or convictions of any crime
involving moral turpitude within the last five years.
(4) Name, address and phone number of the Bail Bond Company where the
Agent will be employed.
Section 23-27. Examination of Application; Denial or issuance.
(1) If the application for a license is in proper form and accompanied by the
license fee as prescribed in Section 2-2, the Police Chief, City Prosecutor and the
City Clerk, or their representatives, shall review the application. If approved, the
City Clerk shall issue a license to the applicant.
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(2) No license shall be issued to:
(a) A person who, within 5 years prior to the date of the application, has
been convicted of a felony or any crime involving moral turpitude.
(b) A person or firm who shall have anyunsatisfied forfeiture or
judgment thereon entered on any bail bond in any court.
(c) A person or firm unless the equity value of the pledged real estate or
the face value of the letter of credit equals a minimum of $10,000.
(d) A firm, unless all the owners shall be qualified to obtain a license.
(3) If the application for the license is denied, the license fee shall be returned.
Section 23-28. Revocation.
The City Commission, upon 5 days written notice to the licensee, shall
revoke such license for any of the following reasons:
(1) If the licensee fraudulently obtained the license by giving false information
in the application.
(2) If the licensee has been convicted of violating any of the terms of this
Article.
(3) If the licensee has become ineligible to obtain a license under the provisions
of this Article.
(4) If the licensee encumbers or sells or otherwise disposes of the real property
pledged as security without first having notified the City Clerk to make
arrangements for the pledge of other property or providing a letter of credit in an
amount which meets or exceeds the amount of outstanding bonds.
(5) If a licensee executes and has outstanding at any one time, bail bonds which
exceed the value of pledged real estate or letter of credit.
(6) If the licensee charges fees in excess of the maximum fee in the fee
schedule provided by the licensee in Section 23-30(b)."
Section 2. That Sections 23-31 and 23-32 are hereby added to
Chapter 23 of the Salina Code to read as follows:
"Section 23-31. Insurance agent/company; registration.
(1) Any Kansas licensed insurance agent desiring to operate a bail bonding
company as a representative of an underwriting insurance company must register
in the office of the City Clerk. On a form provided by the City Clerk, the agent
shall be required to provide the following:
(a) Name, address and phone number of agent.
(b) Name, contact person, address and phone number of insurance
agency.
(c) Copies of power of attorney and sample bond form.
(d) Proof that the insurance company is authorized by the Kansas
Insurance Commissioner to do business in the state.
(e) Copy of the agent's current Kansas insurance license.
(f) Name, manager name, address and phone number of business if
different from (a) above.
(2) A separate registration form for each agent working under the same
company name is required.
(3) There shall be no fee assessed for registration under this section.
Section 23-32. Insurance bonds; forfeited.
(1) Any bond provided by an insurance agent shall be due and payable upon the
fforfeiture date set by the Municipal Judge. If an agent fails to pay a forfeited bond
within the allotted time, the City Clerk shall contact the underwriting insurance
company for payment.
(2) The City Clerk may remove the insurance agent and/or the business from
the list of those authorized to bond, as provided in Section 23-30(a), if any
forfeited bonds are not paid in a timely manner."
Section 3. That the existing Sections 23-16, 23-21, 23-25, 23-27 and 23-28 of the
Salina Code are hereby repealed.
Section 4. That this ordinance shall be in full force and effect from and after its
adoption and publication once in the official city newspaper.
Introduced: April 15, 1996
Passed: April 22, 1996
Ev yn Maxwell, Mayor
[SEAL]
ATTEST:
udy . Lo g, City Clerk