§ 58-71-140. Registration of licenses and power of appointments by insurers.
§ 58‑71‑140. Registration of licenses and power of appointments by insurers.
(a) Before the date ofthe notice provided for in subsection (e) of this section, no professional bailbondsman shall become a surety on an undertaking unless he or she has registeredhis or her current license in the office of the clerk of superior court in thecounty in which he or she resides and a certified copy of the same with theclerk of superior court in any other county in which he or she shall write bailbonds.
(b) Before the date ofthe notice provided for in subsection (e) of this section, a surety bondsmanshall register his or her current surety bondsman's license and a certifiedcopy of his or her power of appointment with the clerk of superior court in thecounty in which the surety bondsman resides and with the clerk of superiorcourt in any other county in which the surety bondsman writes bail bonds onbehalf of an insurer.
(c) Before the date ofthe notice provided for in subsection (e) of this section, no runner shallbecome surety on an undertaking on behalf of a professional bondsman unlessthat runner has registered his or her current license and a certified copy ofhis or her power of attorney in the office of the clerk of superior court inthe county in which the runner resides and with the clerk of superior court inany other county in which the runner writes bail bonds on behalf of theprofessional bondsman.
(c1) On or after the dateof the notice provided for in subsection (e) of this section, all licensedprofessional bail bondsmen, surety bondsmen, and runners shall register in thestatewide Electronic Bondsmen Registry in accordance with subsection (e) ofthis section.
(d) Professionalbondsmen, surety bondsmen, and runners shall file with the clerk of courthaving jurisdiction over the principal an affidavit on a form furnished by theAdministrative Office of the Courts. The affidavit shall include, but not belimited to:
(1) If applicable, astatement that the bondsman has not, nor has anyone for the bondsman's use,been promised or received any collateral, security, or premium for executingthis appearance bond.
(2) If promised apremium, the amount of the premium promised and the due date.
(3) If the bondsman hasreceived a premium, the amount of premium received.
(4) If given collateralsecurity, the name of the person from whom it is received and the nature andamount of the collateral security listed in detail.
(e) On or beforeOctober 1, 2006, the Administrative Office of the Courts shall establish astatewide Electronic Bondsmen Registry (Registry) for all licenses, powers ofappointment, and powers of attorney requiring registration under this section.When the Registry is established, the Administrative Office of the Courts shallnotify the Commissioner and the Commissioner shall notify all licensedprofessional bondsmen, surety bondsmen, runners, and qualified insurancecompanies of the Registry. On or after the date of that notice, a person mayregister as required under this section by maintaining a record of eachrequired license, power of appointment, or power of attorney in the Registry.After a bondsman, surety bondsman, or runner has completed registration in theRegistry, he or she is authorized to execute bail bonds pursuant to his or her registeredlicense, power of appointment, or power of attorney in all counties so long asthe registered license, power of appointment, or power of attorney remains ineffect. (1963,c. 1225, s. 31; 1975, c. 619, s. 1; 1995 (Reg. Sess., 1996), c. 726, s. 19;2001‑269, s. 2.6; 2006‑188, s. 1.)