To repeal section 374.770, RSMo 1994, relating to bail bond forfeitures, and to enact in lieu thereof seventeen new sections for the purpose of licensing bounty hunters.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF MISSOURI, AS FOLLOWS:

     Section A. Section 374.770, RSMo 1994, is repealed and seventeen new sections enacted in lieu thereof, to be known as sections 374.770, 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15 and 16, to read as follows:

     374.770. 1. If there is a breach of the contract of the bond, the court in which the case is pending shall declare a bond forfeiture, unless the surety upon such bond informs the court that the defendant is incarcerated somewhere within the United States in which case the court may declare a bond forfeiture. If forfeiture is not ordered because the defendant is incarcerated somewhere within the United States, the surety is responsible for the return of the defendant. If bond forfeiture is ordered and the surety can subsequently prove the defendant is incarcerated somewhere within the United States, then the bond forfeiture [shall] may be set aside and the surety be responsible for the return of the defendant. When the surety notifies the court of the whereabouts of the defendant, a hold order shall be placed by the court having jurisdiction on the defendant in the state in which the defendant is being held.

     2. In all instances in which a bail bond agent or general bail bond agent duly licensed by sections 374.700 to 374.775 has given his bond for bail for any defendant who has absented himself in violation of the condition of such bond, the bail bond agent or general bail bond agent shall have the first opportunity to return such defendant to the proper court. If he is unable to return such defendant, the state of Missouri shall return such defendant to the proper court for prosecution, and all costs incurred by the state in so returning a defendant may be levied against the bail bond agent or general bail bond agent in question.

     Section 1. Sections 1 to 16 of this act shall be known as "The Bounty Hunter Licensure Act".

     Section 2. As used in sections 1 to 16 of this act, the following terms mean:

     (1) "Board", the state board of bounty hunters in the state of Missouri;

     (2) "Bounty hunt", the recapturing of suspects released on bail;

     (3) "Bounty hunter", any bail bond agent, as defined in section 374.700, RSMo, any employee or agent of a bail bond agent or any person who recaptures suspects released on bail;

     (4) "Licensed bounty hunter", a person who is licensed as a bounty hunter by the board.

     Section 3. No person shall hold himself or herself out as being a bounty hunter in this state, unless such person is licensed and registered in accordance with the provisions of sections 1 to 16 of this act.

     Section 4. There is hereby created and established a "State Board of Bounty Hunters" in the division of professional registration of the department of economic development for the purpose of licensing all persons engaged in the practice of bounty hunting in this state. The board shall have control and supervision of the licensed occupation, and enforcement of the terms and provisions of sections 1 to 16 of this act.

     Section 5. 1. The state board of bounty hunters shall be composed of seven members, appointed by the governor with the advice and consent of the senate. The term of office of each member shall be four years.

     2. The members of the board shall receive as compensation for their services the sum set by the board not to exceed fifty dollars for each day actually spent in attendance at meetings of the board, within the state, not to exceed forty-eight days in any calendar year, and in addition thereto they shall be reimbursed for all necessary expenses incurred in the performance of their duties as members of the board.

     3. All members shall be United States citizens and shall have been residents of this state for at least one year next preceding their appointments.

     Section 6. The governor shall, by and with the advice and consent of the senate, fill any vacancies caused by the expiration of the term of office of any member of the board, and the governor shall also fill any vacancy caused by death, resignation or removal which may occur when the general assembly is not in session, but all such appointees shall continue in office only until the meeting of the general assembly next following such appointment and until their successors shall be appointed and qualified. All vacancies which may exist at or during the meeting of the general assembly caused by death, resignation or removal shall be filled in like manner as those created by the expiration of official terms and shall be only for the unexpired term of the person whose vacancy is to be filled.

     Section 7. 1. The board shall have power to:

     (1) Prescribe by rule for the inspection of establishments and schools for firearms training and to appoint the necessary inspectors and, if necessary, examining assistants; and set the amount of the fees which sections 1 to 16 of this act authorizes and requires, by rules and regulations promulgated pursuant to section 536.021, RSMo. The fees shall be set at a level sufficient to produce revenue which shall not substantially exceed the cost and expense of administering sections 1 to 16 of this act;

     (2) Employ and remove board personnel, as may be necessary for the efficient operation of the board, within the limitations of its appropriation;

     (3) Elect one of its members president, one vice president and one secretary; and

     (4) Determine the sufficiency of the qualifications of applicants.

     2. The board shall create no expense exceeding the sum received from time to time from fees imposed pursuant to sections 1 to 16 of this act.

     3. No rule or portion of a rule promulgated under the authority of sections 1 to 16 of this act shall become effective unless it has been promulgated pursuant to the provisions of section 536.024, RSMo.

     Section 8. At all meetings of the board, four members shall be necessary to constitute a quorum for the transaction of business but no official action may be taken unless a majority of the whole board may vote for such action.

     Section 9. 1. There is hereby established in the office of the state treasurer a fund to be known as the "State Board of Bounty Hunters Fund". All fees of any kind and character authorized to be charged by the board shall be collected by the director of the division of professional registration and shall be transmitted to the department of revenue for deposit in the state treasury for credit to this fund, to be disbursed only in payment of expenses of maintaining the board and for the enforcement of the provisions of law concerning professions regulated by the board; and no other money shall be paid out of the state treasury for carrying out these provisions. Warrants shall be issued on the state treasurer for payment out of said fund.

     2. The provisions of section 33.080, RSMo, to the contrary notwithstanding, money in this fund shall not be transferred and placed to the credit of general revenue until the amount in the fund at the end of the biennium exceeds two times the amount of the appropriation from the board's funds for the preceding fiscal year or, if the board requires by rule permit renewal less frequently than yearly, then three times the appropriation from the board's funds for the preceding fiscal year. The amount, if any, in the fund which shall lapse is that amount in the fund which exceeds the appropriate multiple of the appropriations from the board's funds for the preceding fiscal year.

     3. The board shall charge each person applying to and appearing before it for a license to bounty hunt, a licensing fee.

     Section 10. The board shall license all bounty hunters in this state, who meet the requirements of sections 1 to 16 of this act.

     Section 11. 1. A candidate for a bounty hunter's license shall be at least twenty-one years of age. A candidate shall furnish evidence of such person's qualifications by submitting satisfactory evidence of completion of a program of at least fifty-six hours of firearms training approved as reputable by the board.

     2. No license shall be granted unless the candidate has obtained a one million dollar bond insuring against any damages to persons or property caused by the bounty hunter.

     Section 12. 1. The board shall issue a license to any bounty hunter who is licensed in another jurisdiction and who has had no violations, suspensions or revocations of a license to bounty hunt in any jurisdiction, provided that, such person is licensed in a jurisdiction whose requirements are substantially equal to, or greater than, the requirements for licensure of bounty hunters in Missouri at the time the applicant applies for licensure and that the applicant has proof of a one million dollar bond.

     2. Every applicant for a license pursuant to this section, upon making application and showing the necessary qualifications as provided in subsection 1 of this section, shall be required to pay the same fee as the fee required to be paid by resident applicants. Within the limits provided in this section, the board may negotiate reciprocal compacts with licensing boards of other states for the admission of licensed bounty hunters from Missouri in other states.

     3. A nonlicensed, nonresident bounty hunter shall register with the local highway patrol and the local law enforcement agency and upon proof of firearms training and a one million dollar bond as required by sections 1 to 16 of this act, may bounty hunt in this state for one suspect.

     4. A person registered pursuant to subsection 3 of this section shall inform the local law enforcement agency who the suspect is and where the person believes such suspect to be before attempting to apprehend the suspect.

     Section 13. 1. Every person licensed under sections 1 to 16 of this act shall, on or before the registration renewal date, apply to the board for a certificate of registration for the ensuing licensing period. The application shall be made on a form furnished to the applicant and shall state the applicant's full name and the address at which the person practices and the address at which the person resides and the date and number of such person's license.

     2. A blank form for application for registration shall be mailed to each person licensed in this state at the person's last known address. The failure to mail the form of application or the failure to receive it does not, however, relieve any person of the duty to register and pay the fee required by sections 1 to 16 of this act nor exempt such person from the penalties provided by sections 1 to 16 of this act for failure to register.

     Section 14. Each applicant for registration shall accompany the application for registration with a registration fee to be paid to the director of the division of professional registration for the licensing period for which registration is sought.

     Section 15. Any person who holds himself or herself out to be a bounty hunter or a licensed bounty hunter within this state or any person who advertises as a bounty hunter or claims that the person can render bounty hunter services or any person who bounty hunts in this state and who, in fact, does not hold a valid bounty hunter license or is not registered pursuant to section 13 of this act is guilty of a class D felony and, upon conviction, shall be punished as provided by law.

     Section 16. 1. Any person who bounty hunts in this state and wrongfully causes damage to any person or property, including, but not limited to, trespass, unlawful arrest, unlawful detainment or assault, shall be liable for such damages and may be liable for punitive damages.

     2. The one million dollar bond required for licensure of the bounty hunter shall be used to pay any damages found pursuant to this section.