SUMMARY--Limits types of fees that bail bondsmen may charge for their services. (BDR 57-734)
FISCAL NOTE: Effect on Local Government: No.
Effect on the State or on Industrial Insurance: No.
EXPLANATION - Matter in italics is new; matter in brackets [ ] is material to be omitted.
AN ACT relating to bail bondsmen; limiting the types of fees that a bail bondsman may charge for his services; and providing other matters properly relating thereto.
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
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Section 1 NRS 697.300 is hereby amended to read as follows:
697.300 [No] 1. A bail bondsman shall [,] not, in any bail transaction or in connection therewith, directly or indirectly, charge, collect money or other valuable consideration from [any] a person except [for the following purposes:
1. To pay] to:
(a) Pay the premium at the rates established by the insurer, in accordance with chapter 686B of NRS, or to pay the charges for the bail bond filed in connection with such transaction at the rates filed in accordance with the provisions of this code.
[2. To provide collateral.
3. To reimburse] The charge for the premium must not be greater than 15 percent of the amount of bail that the bail bondsman provides or $20, whichever is more.
(b) Provide collateral.
(c) Reimburse himself for actual and necessary expenses incurred in connection with the individual bail transaction . [, including:
(a) Guard and like fees;
(b)] Such expenses are limited to:
(1) Guard fees;
(2) Notary public fees [, recording fees, necessary long distance telephone expenses, telegram charges and travel expenses incurred more than 25 miles from the bondsman's principal place of business, such travel expense not to exceed a charge of 10 cents per mile in excess of such 25 miles; and
(c) Any other actual expenditure necessary to the bail transaction which is not usually and customarily incurred in connection with bail transactions.
4. To reimburse] ;
(3) Recording fees;
(4) Charges for long distance telephone calls; and
(5) Expenses for travel more than 25 miles from the bail bondsman's principal place of business, the charge for which must not be more than 10 cents for each such mile traveled.
(d) Reimburse himself, or have a right of action against the principal or [any] an indemnitor, for actual expenses incurred in good faith, by reason of breach by the defendant of any of the terms of the written agreement [under which and] pursuant to which the undertaking of bail or bail bond was written. [Should there be no] If there is not a written agreement, or if there is an incomplete writing, the surety may, at law, enforce its equitable rights against the principal and his indemnitors, in exoneration. Such reimbursement [,] or right of action [, shall] must not exceed the principal sum of the bond or undertaking and reasonable attorney's fees and expenses incurred in good faith by the surety, its agents, licensees and employees by reason of the principal's breach.
[5.] 2. Nothing in this section shall be construed as preventing the full and unlimited right of a bail agent to execute undertaking of bail on behalf of a nonresident agent of the surety he represents. The licensed resident bail agent [shall be] is entitled to a minimum countersignature charge of $5, with a maximum countersignature fee not to exceed $10 per $1,000 on the face amount of the bond plus expenses incurred in accordance with [subsections 3 and 4.] paragraphs (c) and (d) of subsection 1. Such countersignature fees may be charged in addition to the premium of the undertaking.
Sec. 2. NRS 697.310 is hereby amended to read as follows:
697.310 Except to the extent permitted by [subsections 3, 4 and 5] paragraphs (c) and (d) of subsection 1 of NRS 697.300 [, no] and subsection 2 of NRS 697.300, a bail licensee shall not make any charge for his services in a bail transaction in addition to the premium or the charge for a bail bond at the rates filed in accordance with the provisions of this code.