THE SENATE	S.C.R. NO.	127
TWENTY-FOURTH LEGISLATURE, 2007
STATE OF HAWAII

SENATE CONCURRENT

RESOLUTION

requesting a sunrise review of the regulation of bail bonding agents and the bail bond industry.

     WHEREAS, the bail bond industry and bail bonding agents provide an extraordinarily valuable service to law enforcement and accused persons alike; and

     WHEREAS, pretrial release on bail frees up crowded jail space and permits defendants to participate more fully in their defense; and

     WHEREAS, bail bonding agents, backed by surety insurance companies, make possible the pretrial release of defendants annually, at no expense to taxpayers, while providing assurances that defendants charged with crimes will appear as scheduled to answer those charges; and

     WHEREAS, persons authorized to apprehend bail fugitives have very broad common law powers to arrest a person; and

     WHEREAS, to protect against abuses, many states have enacted laws regulating the conduct of persons who apprehend bail fugitives; and

     WHEREAS, four states have banned the practice outright, twelve others require licenses, and others restrict certain types of conduct; and

     WHEREAS, Hawaii currently has no laws regulating the conduct of persons who apprehend bail fugitives in the State; and

     WHEREAS, section 26H-6, Hawaii Revised Statutes, requires that "[n]ew regulatory measures being considered for enactment that, if enacted, would subject unregulated professions and vocations to licensing or other regulatory controls shall be referred to the auditor for analysis"; and

     WHEREAS, S.B. No. 1961, introduced during the 2007 Regular Session, proposes to regulate bail bonding agents and the bail bond industry; now, therefore,

     BE IT RESOLVED by the Senate of the Twenty-fourth Legislature of the State of Hawaii, Regular Session of 2007, the House of Representatives concurring, that the Auditor is requested to perform a sunrise review of the regulation of bail bonding agents and the bail bond industry as proposed in S.B. No. 1961; and

     BE IT FURTHER RESOLVED that the Auditor is requested to report findings and recommendations, including alternate licensing and regulatory frameworks to the one contained in S.B. No. 1961, to the Legislature no later than twenty days prior to the convening of the Regular Session of 2008; and

     BE IT FURTHER RESOLVED that certified copies of this Concurrent Resolution be transmitted to the Auditor and the Director of Commerce and Consumer Affairs.

OFFERED BY:

_____________________________

Report Title: 

Bail Bonds; Licensing