Senate Bill S7475B

2021-2022 Legislative Session

Relates to an immigration bail business

download bill text pdf

Sponsored By

Archive: Last Bill Status - Passed Senate & Assembly


  • Introduced
    • In Committee Assembly
    • In Committee Senate
    • On Floor Calendar Assembly
    • On Floor Calendar Senate
    • Passed Assembly
    • Passed Senate
  • Delivered to Governor
  • Signed By Governor

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Actions
Votes

Bill Amendments

co-Sponsors

2021-S7475 - Details

See Assembly Version of this Bill:
A7770
Law Section:
Insurance Law
Laws Affected:
Add §§1123, 2140 & 2312, Ins L

2021-S7475 - Summary

Provides for regulating immigration bail businesses including restrictions on who may operate such a business; provides for who may bring an action against an immigration bail business.

2021-S7475 - Sponsor Memo

2021-S7475 - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   7475
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                             October 27, 2021
                                ___________
 
 Introduced  by  Sen.  BAILEY -- read twice and ordered printed, and when
   printed to be committed to the Committee on Rules
 
 AN ACT to amend the insurance law, in relation to providing for  licens-
   ing of an immigration bond business
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. The insurance law is amended by adding a new  article  68-A
 to read as follows:
                               ARTICLE 68-A
                         IMMIGRATION BOND BUSINESS
 SECTION 6810. IMMIGRATION BOND BUSINESS.
         6811. IMMIGRATION BOND BUSINESS; LICENSING.
         6812. RESTRICTIONS.
         6813. PREMIUM OR COMPENSATION.
         6814. CIVIL ACTION BY PRIVATE PARTY; DAMAGES; ATTORNEY FEES.
         6815. SEVERABILITY CLAUSE.
         6816. REGULATIONS.
   § 6810. IMMIGRATION  BOND  BUSINESS. (A)(1) ANY PERSON, FIRM OR ORGAN-
 IZATION WHO CHARGES A PREMIUM OR A  FEE,  OR  RECEIVES  COMPENSATION  IN
 CONNECTION WITH THE DEPOSITING OF MONEY OR PROPERTY AS BOND, EXECUTES AS
 SURETY,  OR  NEGOTIATES  OR SOLICITS, ANY BOND, OR INDEMNIFIES OR UNDER-
 WRITES BONDS IN RELATION TO ANY PROCEEDING, FILING OR  ACTION  AFFECTING
 THE  NON-IMMIGRANT,  IMMIGRANT  OR  CITIZENSHIP STATUS OF A PERSON WHICH
 ARISES UNDER THE IMMIGRATION AND NATIONALITY  LAW,  EXECUTIVE  ORDER  OR
 PRESIDENTIAL  PROCLAMATION, OR WHICH ARISES UNDER ACTIONS OR REGULATIONS
 OF THE UNITED STATES DEPARTMENT OF HOMELAND SECURITY SHALL BE DEEMED  TO
 BE  DOING  AN  IMMIGRATION  BOND BUSINESS AS DEFINED IN THIS ARTICLE AND
 DOING AN INSURANCE BUSINESS AS DEFINED IN ARTICLE ELEVEN OF  THIS  CHAP-
 TER.
   (2)  EXCEPT  FOR A CORPORATION AUTHORIZED TO WRITE FIDELITY AND SURETY
 INSURANCE AND TO  DO  AN  IMMIGRATION  BOND  BUSINESS  PURSUANT  TO  THE
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD09647-04-1
              

co-Sponsors

2021-S7475A - Details

See Assembly Version of this Bill:
A7770
Law Section:
Insurance Law
Laws Affected:
Add §§1123, 2140 & 2312, Ins L

2021-S7475A - Summary

Provides for regulating immigration bail businesses including restrictions on who may operate such a business; provides for who may bring an action against an immigration bail business.

2021-S7475A - Sponsor Memo

2021-S7475A - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  7475--A
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                             October 27, 2021
                                ___________
 
 Introduced  by Sens. BAILEY, BIAGGI, CLEARE, MYRIE, PARKER, RAMOS, SALA-
   ZAR, SEPULVEDA -- read twice and ordered printed, and when printed  to
   be committed to the Committee on Rules -- recommitted to the Committee
   on  Insurance  in  accordance  with Senate Rule 6, sec. 8 -- committee
   discharged, bill amended, ordered reprinted as amended and recommitted
   to said committee
 
 AN ACT to amend the insurance law, in relation to  an  immigration  bail
   business
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. The insurance law is amended by adding a new  section  1123
 to read as follows:
   § 1123. IMMIGRATION  BAIL  BUSINESS.  (A)(1)  ANY PERSON, FIRM, CORPO-
 RATION, OR OTHER ENTITY WHO SHALL FOR ANOTHER DEPOSIT MONEY OR  PROPERTY
 AS  BAIL  OR  EXECUTE  AS  SURETY  ANY BOND IN ANY IMMIGRATION ACTION OR
 PROCEEDING 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 ARIS-
 ING OUT OF THE SAME TRANSACTION SHALL BE DEEMED TO  BE  DOING  AN  IMMI-
 GRATION  BAIL BUSINESS AS DEFINED IN THIS SECTION AND DOING AN INSURANCE
 BUSINESS AS DEFINED IN THIS ARTICLE.
   (2) EXCEPT FOR A CORPORATION AUTHORIZED TO WRITE FIDELITY  AND  SURETY
 INSURANCE  AND  TO  DO  AN  IMMIGRATION  BAIL  BUSINESS  PURSUANT TO THE
 PROVISIONS OF THIS ARTICLE AND OTHERWISE IN COMPLIANCE  WITH  ALL  OTHER
 REQUIREMENTS  OF  THIS  CHAPTER  TO  DO  SUCH BUSINESS, NO PERSON, FIRM,
 CORPORATION, OR OTHER ENTITY SHALL ENGAGE IN AN IMMIGRATION  BAIL  BUSI-
 NESS IN THIS STATE.
   (B)  (1)  NO  PERSON, FIRM, CORPORATION, OR OTHER ENTITY SHALL IN THIS
 STATE DO AN INSURANCE  BUSINESS  OR  AN  IMMIGRATION  BAIL  BUSINESS  AS
 DEFINED IN SUBSECTION (A) OF THIS SECTION UNLESS AUTHORIZED BY A LICENSE
 ISSUED AND IN FORCE AS PROVIDED UNDER THIS ARTICLE.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD09647-06-2
 S. 7475--A                          2
              

co-Sponsors

2021-S7475B (ACTIVE) - Details

See Assembly Version of this Bill:
A7770
Law Section:
Insurance Law
Laws Affected:
Add §§1123, 2140 & 2312, Ins L

2021-S7475B (ACTIVE) - Summary

Provides for regulating immigration bail businesses including restrictions on who may operate such a business; provides for who may bring an action against an immigration bail business.

2021-S7475B (ACTIVE) - Sponsor Memo

2021-S7475B (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  7475--B
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                             October 27, 2021
                                ___________
 
 Introduced  by Sens. BAILEY, BIAGGI, CLEARE, MYRIE, PARKER, RAMOS, SALA-
   ZAR, SEPULVEDA -- read twice and ordered printed, and when printed  to
   be committed to the Committee on Rules -- recommitted to the Committee
   on  Insurance  in  accordance  with Senate Rule 6, sec. 8 -- committee
   discharged, bill amended, ordered reprinted as amended and recommitted
   to said committee  --  committee  discharged,  bill  amended,  ordered
   reprinted as amended and recommitted to said committee
 
 AN  ACT  to  amend the insurance law, in relation to an immigration bail
   business
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  The insurance law is amended by adding a new section 1123
 to read as follows:
   § 1123. IMMIGRATION BAIL BUSINESS. (A)(1)  ANY  PERSON,  FIRM,  CORPO-
 RATION,  OR OTHER ENTITY WHO SHALL FOR ANOTHER DEPOSIT MONEY OR PROPERTY
 AS BAIL OR EXECUTE AS SURETY ANY  BOND  IN  ANY  IMMIGRATION  ACTION  OR
 PROCEEDING  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  ARIS-
 ING  OUT  OF  THE  SAME TRANSACTION SHALL BE DEEMED TO BE DOING AN IMMI-
 GRATION BAIL BUSINESS.
   (2) EXCEPT FOR A CORPORATION AUTHORIZED TO WRITE FIDELITY  AND  SURETY
 INSURANCE  AND  TO  DO  AN  IMMIGRATION  BAIL  BUSINESS  PURSUANT TO THE
 PROVISIONS OF THIS ARTICLE AND OTHERWISE IN COMPLIANCE  WITH  ALL  OTHER
 REQUIREMENTS  OF  THIS  CHAPTER  TO  DO  SUCH BUSINESS, NO PERSON, FIRM,
 CORPORATION, OR OTHER ENTITY SHALL ENGAGE IN AN IMMIGRATION  BAIL  BUSI-
 NESS IN THIS STATE.
   (B)  (1)  NO  PERSON, FIRM, CORPORATION, OR OTHER ENTITY SHALL IN THIS
 STATE DO AN INSURANCE  BUSINESS  OR  AN  IMMIGRATION  BAIL  BUSINESS  AS
 DEFINED IN SUBSECTION (A) OF THIS SECTION UNLESS AUTHORIZED BY A LICENSE
 ISSUED AND IN FORCE AS PROVIDED UNDER THIS ARTICLE.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD09647-10-2
 S. 7475--B                          2
              

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