Missouri Revised Statutes
Chapter 374 - Department of Commerce and Insurance
Section 374.700 - Definitions.

Effective - 01 Jan 2005
374.700. Definitions. — As used in sections 374.695 to 374.789, the following terms shall mean:
(1) "Bail bond agent", a surety agent or an agent of a property bail bondsman who is duly licensed pursuant to the provisions of sections 374.695 to 374.789, is employed by and is working under the authority of a licensed general bail bond agent;
(2) "Bail bond or appearance bond", a bond for a specified monetary amount which is executed by the defendant and a qualified licensee pursuant to sections 374.695 to 374.789, and which is issued to a court or authorized officer as security for the subsequent court appearance of the defendant upon the defendant's release from actual custody pending the appearance;
(3) "Department", the department of commerce and insurance of the state of Missouri;
(4) "Director", the director of the department of commerce and insurance;
(5) "General bail bond agent", a surety agent or a property bail bondsman, as defined in sections 374.700 to 374.775, who is licensed in accordance with sections 374.700 to 374.775 and who devotes at least fifty percent of his working time to the bail bond business in this state;
(6) "Insurer", any surety insurance company which is qualified by the department to transact surety business in Missouri;
(7) "Licensee", a bail bond agent or a general bail bond agent;
(8) "Property bail bondsman", a person who pledges United States currency, United States postal money orders or cashier's checks or other property as security for a bail bond in connection with a judicial proceeding, and who receives or is promised therefor money or other things of value;
(9) "Surety bail bond agent", any person appointed by an insurer by power of attorney to execute or countersign bail bonds in connection with judicial proceedings, and who receives or is promised money or other things of value therefor;
(10) "Surety recovery agent", a person not performing the duties of a sworn peace officer who tracks down, captures and surrenders to the custody of a court a fugitive who has violated a bail bond agreement, excluding a bail bond agent or general bail bond agent;
(11) "Taking a bail" or "take bail", the acceptance by a person authorized to take bail of the undertaking of a sufficient surety for the appearance of the defendant according to the terms of the undertaking or that the surety will pay to the court the sum specified. Taking of bail or take bail does not include the fixing of the amount of bail and no person other than a competent court shall fix the amount of bail.
­­--------
(L. 1983 S.B. 363 § 1, A.L. 2001 S.B. 267, A.L. 2004 S.B. 1122)
Effective 1-01-05

<< Previous
Next >>

Structure Missouri Revised Statutes

Missouri Revised Statutes

Title XXIV - Business and Financial Institutions

Chapter 374 - Department of Commerce and Insurance

Section 374.005 - Department created, duties — definitions.

Section 374.007 - Statutory reference changes authorized.

Section 374.010 - Department — general powers.

Section 374.015 - Issuance of bulletins by director — definitions — bulleting not to have force and effect of law and are not binding.

Section 374.018 - Issuance of no-action letters by director — definitions — effect of letters — duty of department — letters not public records.

Section 374.020 - Director — qualifications — appointment.

Section 374.030 - Director — oath — bond.

Section 374.040 - Director — duties — administrative hearing commission law not applicable.

Section 374.045 - Director authorized to make rules and regulations, procedure, this chapter.

Section 374.046 - Relief issued by director for violations of state laws — considerations — notice — effective date of order — contents of order, procedures — penalty — costs — powers of director — service — order filed — noncompliance — modification...

Section 374.047 - Willful violation of state law, order — notice.

Section 374.048 - Violations of state laws, action in circuit court — relief — bond — venue — judgment — fund created.

Section 374.049 - Classification of violations — orders, penalties — enhancement of penalties — reduction of penalties — deposit and use of penalties — effective date.

Section 374.050 - Seal of office — effect.

Section 374.051 - Refusal of license and nonrenewal, applicant may appeal, procedure.

Section 374.055 - Grievance procedure.

Section 374.056 - Rulemaking authority, delivery methods.

Section 374.057 - Filing of records and signatures authorized when in compliance with federal law.

Section 374.060 - Office location and hours.

Section 374.070 - Office and records, public — copies — records disposed of or destroyed, when.

Section 374.071 - Insurance records exempt from public disclosure — release permitted, when.

Section 374.075 - Divisions, director may establish.

Section 374.080 - Deputy director, appointment, powers — governor to appoint, when.

Section 374.085 - Division of consumer affairs, duties — legal adviser may assist.

Section 374.090 - Actuary, chief market conduct examiner and chief financial examiner, qualifications — bond required.

Section 374.100 - Actuary — duties — fees.

Section 374.110 - Examiner — duties — assistants — fees.

Section 374.120 - Director to appoint employees — legal counsel — reinsurance analyst, qualifications.

Section 374.130 - Chief clerk, duties and powers.

Section 374.150 - Fees paid to director, exception — insurance dedicated fund established, purpose — lapse into general revenue, when.

Section 374.160 - Expenses, how paid — state liability — assessment against companies, director to make, how.

Section 374.162 - Insurance examiners fund, established — assessments against insurer, how determined, when.

Section 374.170 - Forms furnished companies.

Section 374.180 - Director to prepare report — publication — special reports.

Section 374.182 - Organization plan to be submitted — contents.

Section 374.184 - Director to prescribe by rule uniform claim forms for reporting — consultation, hearing — contents of forms — companies may request additional information — effective date of regulations.

Section 374.185 - Uniformity of regulation, director to cooperate.

Section 374.190 - Investigation of companies.

Section 374.191 - Interest rate on certain claims, refunds, penalties, or payments under legal or remedial actions — inapplicable, when.

Section 374.194 - Health coverage providers to be subject to jurisdiction of department, exceptions — examination to be performed, when — requirements of health coverage providers.

Section 374.202 - Purpose of law — definitions.

Section 374.205 - Examination, director may conduct when, required when — duties — nonresident insurer, options, procedures — reports, contents, use of — hearings, procedures — working papers, records, confidential.

Section 374.207 - Examiners, appointment of, restrictions — expenses of examination, how paid — immunity of director, examiners.

Section 374.210 - False testimony — refusal to furnish information — penalties.

Section 374.215 - Failure to timely file report or statement, penalty.

Section 374.216 - False financial statements, filing of — penalty.

Section 374.217 - Covenant not to sue officers of insurer, prohibited — no force and effect.

Section 374.220 - Expenses, how paid.

Section 374.230 - Fees — paid to director.

Section 374.240 - Suit to recover fees — penalties.

Section 374.245 - Director or director of revenue may make supplemental assessment for certain premium taxes, when.

Section 374.250 - Accounts of director.

Section 374.270 - Department may elect workers' compensation coverage — coverage, how provided.

Section 374.280 - Civil penalty or forfeiture ordered when, how enforced.

Section 374.284 - Health insurance advisory committee established, members, duties.

Section 374.285 - Expungement of certain disciplinary action records.

Section 374.300 - Financial institution defined.

Section 374.305 - Conditioning loan on purchase of credit insurance from certain persons prohibited — freedom of selection of insurer required.

Section 374.310 - Refusal to grant or renew insurance license, when.

Section 374.350 - Short title.

Section 374.351 - Intent of compact.

Section 374.352 - Compact.

Section 374.400 - Definitions.

Section 374.405 - Reports of premiums and loss data required, when — director may review.

Section 374.410 - Director to be notified of changes in town grading schedules — may set aside, when.

Section 374.415 - Product liability insurance reports required — when — contents.

Section 374.420 - Insurers not liable because of compliance.

Section 374.425 - Time for compliance may be waived or extended.

Section 374.426 - Health care financing entities and health care providers to provide data, contents, when — duties of department — scoring, limitations on.

Section 374.450 - Definitions.

Section 374.455 - Premium and loss data, annual report — available to public.

Section 374.500 - Definitions.

Section 374.503 - Certificate required for utilization review agents, exceptions.

Section 374.505 - Application for certificate, content, form, fee.

Section 374.507 - Information may be required by department of commerce and insurance.

Section 374.510 - Minimum requirements for utilization review agents.

Section 374.512 - Violation of regulations, notice to agent — powers of director to discipline — penalties.

Section 374.515 - Rules and regulations authorized.

Section 374.695 - Citation of law.

Section 374.700 - Definitions.

Section 374.702 - License required, restrictions on practice.

Section 374.705 - Department, powers and duties — fees, how determined.

Section 374.710 - License required for bail bond agents, application, qualifications — exceptions.

Section 374.715 - Application, form, qualifications, fee — monetary assignment required, amount, effective when.

Section 374.716 - Accounting required, when — records submitted to director — bail contract provided to principal.

Section 374.717 - Prohibited acts.

Section 374.719 - Collateral security accepted, when — receipt required — used to reimburse costs, when — records to be retained.

Section 374.720 - Examination, form, content — reexamination fee.

Section 374.730 - License, biannual renewal, fee.

Section 374.740 - Nonresident license requirements.

Section 374.750 - Refusal to issue or renew license — applicant's right to hearing.

Section 374.755 - Complaint by department, procedure — grounds — disciplinary action — alternate procedure — additional remedy.

Section 374.757 - Notification by agent of intention to apprehend — local law enforcement may accompany agent — violations, penalties.

Section 374.759 - Access to court records, when — defendant access to bail bond agent, how — agents qualified in all jurisdictions in the state.

Section 374.760 - Unsatisfied judgments, affidavit filed monthly, form — content.

Section 374.763 - Collection from surety after forfeiture — list of qualified bail bond agents to be furnished monthly to circuit courts.

Section 374.764 - Alleged violations and complaints, procedure.

Section 374.770 - Bond forfeiture, when — exception, defendant incarcerated in United States, procedure — surety's duties — violation of bond, rights and obligations of bondsman.

Section 374.775 - Bonds of one thousand dollars or less — fee — additional fee — prohibited.

Section 374.783 - Surety recovery agents, license required — director to license, powers.

Section 374.784 - Application for licensure, contents, qualifications — refusal to issue license, when.

Section 374.785 - Apprehension of defendant, permitted where.

Section 374.786 - Renewal, procedure.

Section 374.787 - Complaint procedure.

Section 374.788 - Apprehension standards for breach of surety agreement or absconding.

Section 374.789 - Prohibited acts.

Section 374.790 - Workers' compensation, residual market, department to submit report to general assembly, contents.

Section 374.800 - Contracts by the department in excess of $100,000 to be reviewed and approved by the attorney general.