S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                10640--A

                          I N  A S S E M B L Y

                              June 12, 2012
                               ___________

Introduced  by  COMMITTEE  ON  RULES  --  (at request of M. of A. Aubry,
  Boyle, Heastie, Lentol, Lifton) --  read  once  and  referred  to  the
  Committee  on  Codes  --  committee  discharged, bill amended, ordered
  reprinted as amended and recommitted to said committee

AN ACT to amend the insurance law, in relation to charitable bail organ-
  izations

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section  1.  Section  1108 of the insurance law is amended by adding a
new subsection (k) to read as follows:
  (K) A CHARITABLE BAIL ORGANIZATION HOLDING A CERTIFICATE ISSUED BY THE
SUPERINTENDENT PURSUANT TO SECTION SIX THOUSAND EIGHT  HUNDRED  FIVE  OF
THIS CHAPTER.
  S  2. Subsections (a) and (b) of section 6801 of the insurance law are
amended to read as follows:
  (a) (1) Any person, firm or corporation in any court  having  criminal
jurisdiction  or  in  any  criminal  action  or proceeding who shall for
another deposit money or property as bail or execute as surety any  bail
bond who within a period of one month prior thereto shall have made such
a  deposit  or given such bail in more than two cases not arising out of
the same transaction shall be deemed to be doing a bail [bond]  business
and  doing  an  insurance  business as defined in article eleven of this
chapter.
  (2) Except for a corporation authorized to write fidelity  and  surety
insurance and to do a bail [bond] business pursuant to the provisions of
article  eleven  of  this  chapter  and otherwise in compliance with all
other requirements of this chapter to do such business OR  A  CHARITABLE
BAIL  ORGANIZATION  HOLDING  A  CERTIFICATE ISSUED BY THE SUPERINTENDENT
PURSUANT TO SECTION SIX THOUSAND EIGHT HUNDRED FIVE OF THIS ARTICLE  AND
OTHERWISE  IN  COMPLIANCE WITH ALL OTHER REQUIREMENT OF THIS CHAPTER, no
person, firm or corporation shall engage in [such] A  BAIL  business  IN
THIS STATE.
  (b)  (1)  No  person,  firm  or  corporation shall in this state do an
insurance business or a bail [bond] business as  defined  in  subsection

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
              

                                                           LBD16177-02-2

A. 10640--A                         2

(a)  of  this section unless authorized by a license issued and in force
as provided under article eleven of this chapter.
  (2)  The  superintendent  may  authorize a property/casualty insurance
company which is authorized to write fidelity and surety insurance to do
a bail [bond] business in accordance  with  the  provisions  of  article
eleven  of  this chapter, but no individual shall be licensed to do such
business.
  S 3. Subsections (a), (b), (c), (h) and (m) of  section  6802  of  the
insurance  law,  subsection (m) as amended by chapter 285 of the laws of
1993, are amended to read as follows:
  (a) No person, firm or corporation or any officer or employee  thereof
shall act in this state as an agent or solicitor of an insurer OR CHARI-
TABLE  BAIL  ORGANIZATION  doing  a  bail [bond] business in soliciting,
negotiating or effectuating any such deposit or bail bond by such insur-
er OR CHARITABLE BAIL ORGANIZATION unless licensed by the superintendent
as an agent pursuant to the provisions of this section. Any person, firm
or corporation so acting without being duly licensed shall be guilty  of
a misdemeanor.
  (b)  Every  corporation OR CHARITABLE BAIL ORGANIZATION engaging as an
insurer [in the business of giving] DOING A bail BUSINESS IN THIS  STATE
shall  procure  a license pursuant to the provisions of this section for
each of its employees, officers and agents acting for it in  soliciting,
negotiating or effectuating any such deposit or bail bond.
  (c)  The superintendent may, in [his] THE SUPERINTENDENT'S discretion,
issue to any person, firm or corporation a license to act as an agent of
an authorized insurer OR CHARITABLE BAIL  ORGANIZATION,  in  soliciting,
negotiating or effectuating any such deposit or bail bond by such insur-
er OR ANY SUCH DEPOSIT BY SUCH CHARITABLE BAIL ORGANIZATION.
  (h)  In  order  to  determine  the  competence of each applicant for a
license or a sublicense, the superintendent shall require  every  appli-
cant  to  pass to the satisfaction of the superintendent a written exam-
ination to be prepared by the  superintendent  and  appropriate  to  the
doing of a bail [bond] business. If the applicant or any proposed subli-
censee  intends  to maintain an office or solicit, negotiate, effectuate
or deposit bail on behalf of another in any city containing a population
of more than one hundred seventy-five thousand, such written examination
may inquire into the applicant's knowledge of the  pertinent  provisions
of  the  criminal procedure law and the pertinent rules and practices of
the courts and district attorneys' offices within the area of the appli-
cant's proposed operations. Such examination shall be held at such times
and places as the superintendent shall determine.
  (m) Every license issued to an  officer,  employee,  or  agent  of  an
insurer  OR  CHARITABLE  BAIL  ORGANIZATION doing a bail [bond] business
pursuant to this section shall be for a term  expiring  on  the  thirty-
first  day of December of even numbered years and may be renewed for the
ensuing two calendar years upon the filing of a renewal application. The
superintendent may refuse to issue any such  license  if  in  [his]  THE
SUPERINTENDENT'S  judgment  such refusal will best promote the interests
of the people of this state. Every such licensee and  sublicensee  shall
file  an  information  statement  on  or  before the thirty-first day of
December of each even numbered year, the  form  and  subject  matter  of
which may be prescribed by the superintendent.
  S 4. Section 6803 of the insurance law is amended to read as follows:
  S  6803.  Bail bond business; cities in excess of one hundred seventy-
five thousand. (a) An insurance corporation OR CHARITABLE BAIL ORGANIZA-
TION engaged in the BAIL business [of giving bail] in a city  containing

A. 10640--A                         3

a population of more than one hundred seventy-five thousand inhabitants,
according  to  the  last  preceding federal census or state enumeration,
shall file with the district attorney of each county contained  in  such
city or in which such a city is contained, the clerks of the supreme and
county  courts  and  the  clerk of the criminal court of the city of New
York, certified statements of the names of  all  persons  authorized  to
execute  bail  bonds  OR  EFFECTUATING  SUCH DEPOSIT on its behalf or to
solicit such  business  as  agent,  together  with  a  certificate  duly
executed  by  the  superintendent,  certifying with respect to each such
person, that such person has been licensed by the superintendent  pursu-
ant to section six thousand eight hundred two of this article.
  (b)  The  court  or  other  public officer concerned in the matter may
examine under oath any insurer OR CHARITABLE BAIL ORGANIZATION  doing  a
bail [bond] business or a depositor of security for bail, or the officer
or  agent of any such insurer, CHARITABLE BAIL ORGANIZATION or depositor
proposing to execute a bail bond, or to make such  deposit,  as  to  the
indemnity, if any, deposited or otherwise provided directly or indirect-
ly  against loss by reason of the deposit or bail bond and as to the fee
charged, IF ANY, for the giving of such bond. The court or other  public
officer concerned in the matter may refuse to accept such bond or depos-
it  if  satisfied that any portion of such security has been feloniously
obtained by the defendant, or that the provisions of this or  any  other
section  of law have been violated, or that the person or persons indem-
nifying such insurer or depositor shall have  within  a  period  of  one
month  prior  thereto given indemnification or security for like purpose
in more than two cases not arising out of the same transaction and  that
such  person  is  not  duly licensed by the superintendent in accordance
with the provisions of this chapter.
  S 5. The insurance law is amended by adding a new section 6805 to read
as follows:
  S 6805. CHARITABLE BAIL ORGANIZATION. (A)(1)  THE  SUPERINTENDENT  MAY
ISSUE  A  CERTIFICATE TO A CHARITABLE BAIL ORGANIZATION TO DEPOSIT MONEY
AS BAIL FOR ANOTHER IN ACCORDANCE WITH THE PROVISIONS  OF  THIS  SECTION
ONLY  IF  SUCH ENTITY IS A NON-PROFIT ORGANIZATION ORGANIZED PURSUANT TO
THE  UNITED  STATES  INTERNAL  REVENUE  CODE  AS  DESCRIBED  BY  SECTION
501(C)(3)  OF  TITLE  26  OF  THE UNITED STATES CODE, IS REGISTERED AS A
CHARITY PURSUANT TO ARTICLE SEVEN-A OF THE EXECUTIVE LAW AND IS  CURRENT
ON SUCH REGISTRATION.
  (2)  THE  APPLICATION  FOR  A CHARITABLE BAIL ORGANIZATION CERTIFICATE
SHALL BE IN SUCH FORM OR FORMS, AND SHALL CONTAIN RELEVANT  INFORMATION,
AS THE SUPERINTENDENT SHALL PRESCRIBE.
  (3) THE SUPERINTENDENT MAY REFUSE TO ISSUE A CHARITABLE BAIL ORGANIZA-
TION  CERTIFICATE IF, IN THE SUPERINTENDENT'S JUDGMENT, AN APPLICANT, OR
AN OFFICER OR DIRECTOR OF THE APPLICANT, HAS: (A) DEMONSTRATED  UNTRUST-
WORTHINESS  OR  INCOMPETENCE;  (B)  GIVEN  CAUSE  FOR  THE REVOCATION OR
SUSPENSION OF THE CERTIFICATE; OR (C) FAILED TO COMPLY WITH ANY  PREREQ-
UISITE FOR THE ISSUANCE OF THE CERTIFICATE.
  (4)  A  CHARITABLE  BAIL ORGANIZATION CERTIFICATE SHALL BE VALID FOR A
TERM OF FIVE YEARS FROM ISSUANCE. AT THE TIME OF APPLICATION  FOR  EVERY
SUCH  CERTIFICATE, AND FOR EVERY RENEWAL THEREOF, AN APPLICANT SHALL PAY
TO THE SUPERINTENDENT THE SUM OF ONE HUNDRED FIFTY DOLLARS, PAYABLE EACH
YEAR FOR WHICH THE CERTIFICATE SHALL BE VALID, PROVIDED,  HOWEVER,  THAT
IN HIS OR HER DISCRETION, THE SUPERINTENDENT MAY WAIVE SUCH FEE.
  (5)  IF AN APPLICATION FOR A RENEWAL CERTIFICATE SHALL HAVE BEEN FILED
WITH THE SUPERINTENDENT BEFORE THE EXPIRATION OF SUCH CERTIFICATE,  THEN
THE  CERTIFICATE  SOUGHT  TO BE RENEWED SHALL CONTINUE IN FULL FORCE AND

A. 10640--A                         4

EFFECT EITHER UNTIL THE ISSUANCE BY THE SUPERINTENDENT  OR  THE  RENEWAL
CERTIFICATE  APPLIED  FOR  OR  UNTIL  FIVE DAYS AFTER THE SUPERINTENDENT
SHALL HAVE REFUSED TO ISSUE SUCH RENEWAL CERTIFICATE.
  (6)  THE SUPERINTENDENT MAY REFUSE TO RENEW OR MAY REVOKE OR SUSPEND A
CHARITABLE BAIL ORGANIZATION CERTIFICATE FOR A REASONABLE PERIOD  DETER-
MINED  BY  THE  SUPERINTENDENT  IF, AFTER NOTICE AND HEARING, THE SUPER-
INTENDENT DETERMINES THAT AN APPLICANT OR LICENSEE,  OR  AN  OFFICER  OR
DIRECTOR OF THE APPLICANT OR LICENSEE, HAS: (A) DEMONSTRATED UNTRUSTWOR-
THINESS  OR  INCOMPETENCE; (B) VIOLATED THIS SECTION OR AUTHORIZED REGU-
LATIONS PROMULGATED THEREUNDER; OR (C) FAILED TO STAY CURRENT WITH THEIR
REGISTRATION AS A CHARITY PURSUANT TO ARTICLE SEVEN-A OF  THE  EXECUTIVE
LAW.  ANY  HEARING  CONDUCTED  UNDER  THIS SECTION SHALL COMPLY WITH THE
REQUIREMENTS OF THE STATE ADMINISTRATIVE PROCEDURE ACT.
  (B) A CHARITABLE BAIL ORGANIZATION SHALL:
  (1) ONLY DEPOSIT MONEY AS BAIL IN THE AMOUNT OF FIVE THOUSAND  DOLLARS
OR  LESS  FOR  A  DEFENDANT  CHARGED  WITH  ONE  OR MORE MISDEMEANORS OR
NON-VIOLENT CLASS E OR D FELONIES WITH THE EXCEPTION OF ANY  FELONY  SEX
OFFENSE  AS  DEFINED IN ARTICLE ONE HUNDRED THIRTY OF THE PENAL LAW, ANY
FELONY BRIBERY OFFENSE INVOLVING PUBLIC SERVANTS AS DEFINED  IN  ARTICLE
TWO HUNDRED OF THE PENAL LAW, OR ANY FELONY TERRORISM OFFENSE AS DEFINED
IN ARTICLE FOUR HUNDRED NINETY OF THE PENAL LAW; PROVIDED, HOWEVER, THAT
SUCH  ORGANIZATION  SHALL NOT EXECUTE AS SURETY ANY BOND FOR ANY DEFEND-
ANT;
  (2) ONLY DEPOSIT MONEY AS BAIL ON BEHALF OF A PERSON WHO IS FINANCIAL-
LY UNABLE TO POST BAIL, EXCEPT SUCH PERSON MAY POST  A  PORTION  OF  THE
BAIL;
  (3)  ONLY DEPOSIT MONEY AS BAIL IN THE CITY OF NEW YORK OR, OUTSIDE OF
THE CITY OF NEW YORK, IN THE JUDICIAL DISTRICT IN WHICH SUCH  CHARITABLE
BAIL ORGANIZATION IS INCORPORATED; AND
  (4) NOT CHARGE A PREMIUM OR RECEIVE COMPENSATION FOR ACTING AS A CHAR-
ITABLE BAIL ORGANIZATION.
  (C)  THE  SUPERINTENDENT  MAY PROMULGATE REGULATIONS IMPLEMENTING THIS
SECTION.
  S 6. This act shall take effect on the ninetieth day  after  it  shall
have become a law.

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                10640--B

                          I N  A S S E M B L Y

                              June 12, 2012
                               ___________

Introduced  by  COMMITTEE  ON  RULES  --  (at request of M. of A. Aubry,
  Boyle, Heastie, Lentol, Lifton) --  read  once  and  referred  to  the
  Committee  on  Codes  --  committee  discharged, bill amended, ordered
  reprinted as amended and recommitted to said committee -- reported and
  referred to the Committee on Ways and Means --  committee  discharged,
  bill  amended,  ordered  reprinted  as amended and recommitted to said
  committee

AN ACT to amend the insurance law, in relation to charitable bail organ-
  izations

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section  1.  Section  1108 of the insurance law is amended by adding a
new subsection (k) to read as follows:
  (K) A CHARITABLE BAIL ORGANIZATION HOLDING A CERTIFICATE ISSUED BY THE
SUPERINTENDENT PURSUANT TO SECTION SIX THOUSAND EIGHT  HUNDRED  FIVE  OF
THIS CHAPTER.
  S  2. Subsections (a) and (b) of section 6801 of the insurance law are
amended to read as follows:
  (a) (1) Any person, firm or corporation in any court  having  criminal
jurisdiction  or  in  any  criminal  action  or proceeding who shall for
another deposit money or property as bail or execute as surety any  bail
bond who within a period of one month prior thereto shall have made such
a  deposit  or given such bail in more than two cases not arising out of
the same transaction shall be deemed to be doing a bail [bond]  business
and  doing  an  insurance  business as defined in article eleven of this
chapter.
  (2) Except for a corporation authorized to write fidelity  and  surety
insurance and to do a bail [bond] business pursuant to the provisions of
article  eleven  of  this  chapter  and otherwise in compliance with all
other requirements of this chapter to do such business OR  A  CHARITABLE
BAIL  ORGANIZATION  HOLDING  A  CERTIFICATE ISSUED BY THE SUPERINTENDENT
PURSUANT TO SECTION SIX THOUSAND EIGHT HUNDRED FIVE OF THIS ARTICLE  AND
OTHERWISE  IN  COMPLIANCE WITH ALL OTHER REQUIREMENT OF THIS CHAPTER, no

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD16177-04-2
              

A. 10640--B                         2

person, firm or corporation shall engage in [such] A  BAIL  business  IN
THIS STATE.
  (b)  (1)  No  person,  firm  or  corporation shall in this state do an
insurance business or a bail [bond] business as  defined  in  subsection
(a)  of  this section unless authorized by a license issued and in force
as provided under article eleven of this chapter.
  (2) The superintendent may  authorize  a  property/casualty  insurance
company which is authorized to write fidelity and surety insurance to do
a  bail  [bond]  business  in  accordance with the provisions of article
eleven of this chapter, but no individual shall be licensed to  do  such
business.
  S  3.  Subsections  (a),  (b), (c), (h) and (m) of section 6802 of the
insurance law, subsection (m) as amended by chapter 285 of the  laws  of
1993, are amended to read as follows:
  (a)  No person, firm or corporation or any officer or employee thereof
shall act in this state as an agent or solicitor of an insurer OR CHARI-
TABLE BAIL ORGANIZATION doing a  bail  [bond]  business  in  soliciting,
negotiating or effectuating any such deposit or bail bond by such insur-
er OR CHARITABLE BAIL ORGANIZATION unless licensed by the superintendent
as an agent pursuant to the provisions of this section. Any person, firm
or  corporation so acting without being duly licensed shall be guilty of
a misdemeanor.
  (b) Every corporation OR CHARITABLE BAIL ORGANIZATION engaging  as  an
insurer  [in the business of giving] DOING A bail BUSINESS IN THIS STATE
shall procure a license pursuant to the provisions of this  section  for
each  of its employees, officers and agents acting for it in soliciting,
negotiating or effectuating any such deposit or bail bond.
  (c) The superintendent may, in [his] THE SUPERINTENDENT'S  discretion,
issue to any person, firm or corporation a license to act as an agent of
an  authorized  insurer  OR CHARITABLE BAIL ORGANIZATION, in soliciting,
negotiating or effectuating any such deposit or bail bond by such insur-
er OR ANY SUCH DEPOSIT BY SUCH CHARITABLE BAIL ORGANIZATION.
  (h) In order to determine the  competence  of  each  applicant  for  a
license  or  a sublicense, the superintendent shall require every appli-
cant to pass to the satisfaction of the superintendent a  written  exam-
ination  to  be  prepared  by  the superintendent and appropriate to the
doing of a bail [bond] business. If the applicant or any proposed subli-
censee intends to maintain an office or solicit,  negotiate,  effectuate
or deposit bail on behalf of another in any city containing a population
of more than one hundred seventy-five thousand, such written examination
may  inquire  into the applicant's knowledge of the pertinent provisions
of the criminal procedure law and the pertinent rules and  practices  of
the courts and district attorneys' offices within the area of the appli-
cant's proposed operations. Such examination shall be held at such times
and places as the superintendent shall determine.
  (m)  Every  license  issued  to  an  officer, employee, or agent of an
insurer OR CHARITABLE BAIL ORGANIZATION doing  a  bail  [bond]  business
pursuant  to  this  section  shall be for a term expiring on the thirty-
first day of December of even numbered years and may be renewed for  the
ensuing two calendar years upon the filing of a renewal application. The
superintendent  may  refuse  to  issue  any such license if in [his] THE
SUPERINTENDENT'S judgment such refusal will best promote  the  interests
of  the  people of this state. Every such licensee and sublicensee shall
file an information statement on  or  before  the  thirty-first  day  of
December  of  each  even  numbered  year, the form and subject matter of
which may be prescribed by the superintendent.

A. 10640--B                         3

  S 4. Section 6803 of the insurance law is amended to read as follows:
  S  6803.  Bail bond business; cities in excess of one hundred seventy-
five thousand. (a) An insurance corporation OR CHARITABLE BAIL ORGANIZA-
TION engaged in the BAIL business [of giving bail] in a city  containing
a population of more than one hundred seventy-five thousand inhabitants,
according  to  the  last  preceding federal census or state enumeration,
shall file with the district attorney of each county contained  in  such
city or in which such a city is contained, the clerks of the supreme and
county  courts  and  the  clerk of the criminal court of the city of New
York, certified statements of the names of  all  persons  authorized  to
execute  bail  bonds  OR  EFFECTUATING  SUCH DEPOSIT on its behalf or to
solicit such  business  as  agent,  together  with  a  certificate  duly
executed  by  the  superintendent,  certifying with respect to each such
person, that such person has been licensed by the superintendent  pursu-
ant to section six thousand eight hundred two of this article.
  (b)  The  court  or  other  public officer concerned in the matter may
examine under oath any insurer OR CHARITABLE BAIL ORGANIZATION  doing  a
bail [bond] business or a depositor of security for bail, or the officer
or  agent of any such insurer, CHARITABLE BAIL ORGANIZATION or depositor
proposing to execute a bail bond, or to make such  deposit,  as  to  the
indemnity, if any, deposited or otherwise provided directly or indirect-
ly  against loss by reason of the deposit or bail bond and as to the fee
charged, IF ANY, for the giving of such bond. The court or other  public
officer concerned in the matter may refuse to accept such bond or depos-
it  if  satisfied that any portion of such security has been feloniously
obtained by the defendant, or that the provisions of this or  any  other
section  of law have been violated, or that the person or persons indem-
nifying such insurer or depositor shall have  within  a  period  of  one
month  prior  thereto given indemnification or security for like purpose
in more than two cases not arising out of the same transaction and  that
such  person  is  not  duly licensed by the superintendent in accordance
with the provisions of this chapter.
  S 5. The insurance law is amended by adding a new section 6805 to read
as follows:
  S 6805. CHARITABLE BAIL ORGANIZATION. (A)(1)  THE  SUPERINTENDENT  MAY
ISSUE  A  CERTIFICATE TO A CHARITABLE BAIL ORGANIZATION TO DEPOSIT MONEY
AS BAIL FOR ANOTHER IN ACCORDANCE WITH THE PROVISIONS  OF  THIS  SECTION
ONLY  IF  SUCH ENTITY IS A NON-PROFIT ORGANIZATION ORGANIZED PURSUANT TO
THE  UNITED  STATES  INTERNAL  REVENUE  CODE  AS  DESCRIBED  BY  SECTION
501(C)(3)  OF  TITLE  26  OF  THE UNITED STATES CODE, IS REGISTERED AS A
CHARITY PURSUANT TO ARTICLE SEVEN-A OF THE EXECUTIVE LAW AND IS  CURRENT
ON SUCH REGISTRATION.
  (2)  THE  APPLICATION  FOR  A CHARITABLE BAIL ORGANIZATION CERTIFICATE
SHALL BE IN SUCH FORM OR FORMS, AND SHALL CONTAIN RELEVANT  INFORMATION,
AS THE SUPERINTENDENT SHALL PRESCRIBE.
  (3) THE SUPERINTENDENT MAY REFUSE TO ISSUE A CHARITABLE BAIL ORGANIZA-
TION  CERTIFICATE IF, IN THE SUPERINTENDENT'S JUDGMENT, AN APPLICANT, OR
AN OFFICER OR DIRECTOR OF THE APPLICANT, HAS: (A) DEMONSTRATED  UNTRUST-
WORTHINESS  OR  INCOMPETENCE;  (B)  GIVEN  CAUSE  FOR  THE REVOCATION OR
SUSPENSION OF THE CERTIFICATE; OR (C) FAILED TO COMPLY WITH ANY  PREREQ-
UISITE FOR THE ISSUANCE OF THE CERTIFICATE.
  (4)  A  CHARITABLE  BAIL ORGANIZATION CERTIFICATE SHALL BE VALID FOR A
TERM OF FIVE YEARS FROM ISSUANCE. AT THE TIME OF APPLICATION  FOR  EVERY
SUCH  CERTIFICATE, AND FOR EVERY RENEWAL THEREOF, AN APPLICANT SHALL PAY
TO THE SUPERINTENDENT A SUM OF ONE THOUSAND DOLLARS PAYABLE EACH TERM OR

A. 10640--B                         4

FRACTION OF A TERM, PROVIDED, HOWEVER, THAT IN HIS  OR  HER  DISCRETION,
THE SUPERINTENDENT MAY WAIVE SUCH FEE.
  (5)  IF AN APPLICATION FOR A RENEWAL CERTIFICATE SHALL HAVE BEEN FILED
WITH THE SUPERINTENDENT BEFORE THE EXPIRATION OF SUCH CERTIFICATE,  THEN
THE  CERTIFICATE  SOUGHT  TO BE RENEWED SHALL CONTINUE IN FULL FORCE AND
EFFECT EITHER UNTIL THE ISSUANCE BY THE SUPERINTENDENT  OR  THE  RENEWAL
CERTIFICATE  APPLIED  FOR  OR  UNTIL  FIVE DAYS AFTER THE SUPERINTENDENT
SHALL HAVE REFUSED TO ISSUE SUCH RENEWAL CERTIFICATE.
  (6) THE SUPERINTENDENT MAY REFUSE TO RENEW OR MAY REVOKE OR SUSPEND  A
CHARITABLE  BAIL ORGANIZATION CERTIFICATE FOR A REASONABLE PERIOD DETER-
MINED BY THE SUPERINTENDENT IF, AFTER NOTICE  AND  HEARING,  THE  SUPER-
INTENDENT  DETERMINES  THAT  AN  APPLICANT OR LICENSEE, OR AN OFFICER OR
DIRECTOR OF THE APPLICANT OR LICENSEE, HAS: (A) DEMONSTRATED UNTRUSTWOR-
THINESS OR INCOMPETENCE; (B) VIOLATED THIS SECTION OR  AUTHORIZED  REGU-
LATIONS PROMULGATED THEREUNDER; OR (C) FAILED TO STAY CURRENT WITH THEIR
REGISTRATION  AS  A CHARITY PURSUANT TO ARTICLE SEVEN-A OF THE EXECUTIVE
LAW. ANY HEARING CONDUCTED UNDER THIS  SECTION  SHALL  COMPLY  WITH  THE
REQUIREMENTS  OF  SECTION  THREE  HUNDRED FIVE OF THE FINANCIAL SERVICES
LAW.
  (B) A CHARITABLE BAIL ORGANIZATION SHALL:
  (1) ONLY DEPOSIT MONEY AS BAIL IN THE AMOUNT OF TWO  THOUSAND  DOLLARS
OR LESS FOR A DEFENDANT CHARGED WITH ONE OR MORE MISDEMEANORS, PROVIDED,
HOWEVER, THAT SUCH ORGANIZATION SHALL NOT EXECUTE AS SURETY ANY BOND FOR
ANY DEFENDANT;
  (2) ONLY DEPOSIT MONEY AS BAIL ON BEHALF OF A PERSON WHO IS FINANCIAL-
LY  UNABLE  TO  POST  BAIL,  WHICH MAY CONSTITUTE A PORTION OR THE WHOLE
AMOUNT OF SUCH BAIL;
  (3) ONLY DEPOSIT MONEY AS BAIL IN ONE COUNTY IN THIS STATE.  PROVIDED,
HOWEVER,  THAT  A  CHARITABLE BAIL ORGANIZATION WHOSE PRINCIPAL PLACE OF
BUSINESS IS LOCATED WITHIN A CITY OF A MILLION OR MORE MAY DEPOSIT MONEY
AS BAIL IN THE FIVE COUNTIES COMPRISING SUCH CITY; AND
  (4) NOT CHARGE A PREMIUM OR RECEIVE COMPENSATION FOR ACTING AS A CHAR-
ITABLE BAIL ORGANIZATION.
  (C) THE SUPERINTENDENT MAY PROMULGATE  REGULATIONS  IMPLEMENTING  THIS
SECTION.
  S  6.  This  act shall take effect on the ninetieth day after it shall
have become a law.