Honolulu, Hawaii



RE:    S.B. No. 1961

       S.D. 1




Honorable Colleen Hanabusa

President of the Senate

Twenty-Fourth State Legislature

Regular Session of 2007

State of Hawaii




     Your Committee on Judiciary and Labor, to which was referred S.B. No. 1961 entitled:




begs leave to report as follows:


     The purpose of this measure is to require that bail bonding agents be licensed, to authorize that the Department of Commerce and Consumer Affairs to adopt rules for the process of obtaining a bail bonding agent license.  This bill will also require the Department of the Attorney General to establish and maintain files regarding the criminal background checks for bail fugitive recovery personnel and will create a number of prohibited activities for bail bonding agents along with civil and criminal penalties.


     Your Committee received testimony in support of the bill from David Hyatt, a member of the Bail Advisory Committee from Colorado.  Your Committee received testimony in opposition from the Attorney General's Office.  Testimony from the State Insurance Commissioner took no position on the bill but indicated that bonding agents and bail fugitive recovery personnel should be regulated.


     Your Committee amended the bill be deleting all references to bail fugitive recovery personnel since they are not currently being regulated and may require a sunrise study by the State Auditor is a precondition to licensure.


     Your Committee further amended the bill by providing for licensing requirements for bail bond agents and by providing penalties for the prohibited activities of a licensed bail agent.


     Your Committee further amended the bill by specifying procedures for the exoneration of bond liability by specifying enforcement procedures for compensated sureties.


     As affirmed by the record of votes of the members of your Committee on Judiciary and Labor that is attached to this report, your Committee is in accord with the intent and purpose of S.B. No. 1961, as amended herein, and recommends that it pass Second Reading in the form attached hereto as S.B. No. 1961, S.D. 1, and be placed on the calendar for Third Reading.


Respectfully submitted on behalf of the members of the Committee on Judiciary and Labor,