BEFORE THE COMMISSIONER OF SECURITIES AND INSURANCE

OFFICE OF THE MONTANA STATE AUDITOR

 

In the matter of the amendment of ARM 6.6.6006 pertaining to Bail Bond Documents

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NOTICE OF PUBLIC HEARING ON PROPOSED AMENDMENT

TO: All Concerned Persons

 

1.  On July 20, 2023, at 9:00 a.m., the Commissioner of Securities and Insurance, Office of the Montana State Auditor (CSI) will hold a public hearing in the basement conference room of CSI, at 840 Helena Avenue, Helena, Montana, to consider the proposed amendment of the above-stated rule.

 

2.  CSI will make reasonable accommodations for persons with disabilities who wish to participate in this rulemaking process or need an alternative accessible format of this notice.  If you require an accommodation, contact CSI no later than 5:00 p.m. on July 5, 2023, to advise us of the nature of the accommodation that you need.  Please contact Sam Loveridge, Communications Director, 840 Helena Avenue, Helena, Montana, 59601; telephone (406) 444-2040 or 1-800-332-6148; fax (406) 444-3413; TDD (406) 444-3246; or e-mail [email protected].

 

3.  The rule as proposed to be amended provides as follows, new matter underlined, deleted matter interlined:

 

6.6.6006 BAIL BOND DOCUMENTS (1) through (4) remain the same. 

(5) A surety bail insurance producer who effects an arrest or surrender pursuant to 46-9-510, MCA, shall notify CSI in writing of the arrest or surrender within seven business days.

(a)  The written notice of arrest shall provide the following information:

(i)  full name of the principal/defendant arrested;

(ii)  criminal court case number and county for which the principal's/defendant's bail bond was posted;

(iii)  dollar amount of the principal's/defendant's bail bond;

(iv)  address or precise location, date, and time of arrest;

(v)  name, license number, and contact information of the producer who effected the arrest;

(vi)  description of probable cause for the arrest;

(vii)  surrender location, date, and time (if known);

(viii)  local sheriff's office or police department that the producer notified of the intent to apprehend the principal/defendant, including the date and time of the notice;

(ix)  local sheriff's office or police department that the producer notified after the arrest of the principal/defendant, including the date and time of the notice;

(x)  an explanation if the notice of apprehension was less than 6 hours before the arrest or if the notice of arrest was not immediately after the arrest;

(xi)  producer signature, contact information, and license number of the producer completing the form.

(b) The form for providing the foregoing notice, a Surety Bail Bond Insurance Producer Arrest and Surrender Report, is available on the website of CSI.

 

AUTH: 33-26-108, MCA

IMP: 33-17-1001, 33-17-1102, 33-18-213, 33-26-108, 46-9-403, 46-9-510, MCA

 

4. REASON: The Commissioner of Securities and Insurance, Montana State Auditor, Troy Downing (commissioner) is the statewide elected official responsible for administering the Montana Insurance Code and regulating business of insurance. The 68th Montana Legislature passed House Bill 62, revising the laws related to bail bonds.  In addition to requiring that producers provide a notification to local law enforcement before effecting an arrest, the bill amended 46-9-510, MCA, regarding the arrest and surrender of a defendant pursuant to Title 33, chapter 17, MCA, and requires that any arrest or surrender by a producer be reported in a form and manner to be determined by the commissioner.  The information required to be reported by the above-proposed amendment will provide basic details about the arrest that would facilitate further investigation and compliance monitoring. Because the requirements for pre- and post-arrest notification to local law enforcement (HB 62, Section 3) are not effective until January 1, 2024 (HB 62, Section 11(1)), the commissioner will not require that the report to CSI include the information set forth in proposed (5)(a)(viii) through (x) prior to that date.

 

5.  Concerned persons may submit their data, views, or arguments concerning the proposed actions in writing to: Sam Loveridge, CSI Communications Director, 840 Helena Avenue, Helena, Montana, 59601; telephone (406) 444-2040 or 1-800-332-6148; fax (406) 444-3413; TDD (406) 444-3246; or e-mail [email protected], and must be received no later than 5:00 p.m., July 28, 2023.

 

6. Ole Olson, CSI Chief Legal Counsel, has been designated to preside over and conduct this hearing.

 

7.  CSI maintains a list of interested persons who wish to receive notices of rulemaking actions proposed by this agency. Persons who wish to have their name added to the list must make a written request that includes the name, e-mail, and mailing address of the person to receive notices and specifies for which program the person wishes to receive notices. Notices will be sent by e-mail unless a mailing preference is noted in the request. Such written request may be mailed or delivered to the contact person in paragraph 5 or may be made by completing a request form at any rules hearing held by CSI.

 

8.  An electronic copy of this proposal notice is available through the Secretary of State's website at http://sosmt.gov/ARM/Register.

 

9.  The bill sponsor contact requirements of 2-4-302, MCA, apply and have been fulfilled. The primary bill sponsor was contacted by email on June 13, 2023. 

 

10.  With regard to the requirements of 2-4-111, MCA, CSI has determined that the amendment of the above-referenced rule will not significantly and directly impact small businesses.

 

 

/s/ Ole Olson                                     /s/ Mary Belcher                  

Ole Olson                                          Mary Belcher

Rule Reviewer                                  Deputy Auditor

                                                            Commissioner of Securities and Insurance,

                                                            Office of the Montana State Auditor

 

Certified to the Secretary of State June 13, 2023.