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§47-702.
§47-702.
(a) Any trucking association may issue guaranteed arrest bond
certificates valid for one (1) year from January 1 of the year of
issue as provided in this act in an amount not to exceed One Thousand
Dollars ($1,000.00) on each undertaking, provided such certificates
have been fully guaranteed by the trucking association or reinsured by
an insurer then licensed by the Insurance Commissioner to transact
surety business in this state and such guarantee or reinsurance by the
insurer covers all certificates issued by the trucking association or
other association during the term of the guarantee or reinsurance
written by the insurer. Such insurer shall first file with the
Insurance Commissioner an undertaking thus to become surety. The
guarantee by the trucking association shall, at the discretion of the
Insurance Commissioner, be secured by a deposit with the Insurance
Commissioner of up to Fifty Thousand Dollars ($50,000.00), either cash
or bond at the discretion of the Commissioner, to guarantee
performance of said undertaking. Such guaranteed arrest bond
certificates may be issued also in conjunction with automobile
liability policies by any insurer authorized to then write automobile
liability insurance within this state upon such insurer filing with
the Insurance Commissioner an undertaking thus to become such surety.
(b) Such undertaking shall be in the form prescribed by the
Commissioner of Insurance and shall state the following:
(1) The name and address of the trucking association, association or
companies with respect to the guaranteed arrest bond certificates of
which the surety company undertakes to be surety.
(2) The unqualified obligation of the surety company to pay the fine
or forfeiture in an amount not to exceed One Thousand Dollars
($1,000.00) of any person who, after posting a guaranteed arrest bond
certificate with respect to which the surety company has undertaken to
be surety, fails to make the appearance to guarantee which, the
guaranteed arrest bond certificate was posted.
(3) The term "guaranteed arrest bond certificate" as used herein means
any printed card or other certificate issued by a trucking
association, association or insurance company to any of its members or
insured, which card or certificate is signed by the member or insured
and contains a printed statement that such trucking association,
association or insurance company and a surety company or an insurance
company authorized to transact automobile liability insurance
business, guarantee the appearance of the person whose signature
appears on the card or certificate and that they will, in the event of
failure of the person to appear in court at the time of trial, pay any
fine or forfeiture imposed on the person in an amount not exceeding
One Thousand Dollars ($1,000.00).
(c) Any guaranteed arrest bond certificate with respect to which a
surety company has become surety, or a guaranteed arrest bond
certificate issued by an insurance company authorized to transact
automobile liability insurance business within this state, as herein
provided, shall, when posted by the person whose signature appears
thereon, be accepted in lieu of cash bail or other bond in an amount
not to exceed One Thousand Dollars ($1,000.00) as a bail bond, to
guarantee the appearance of such person in any court in this state,
including all municipal courts in this state, at such time as may be
required by such court, when the person is arrested for violation of
any motor vehicle law of this state or any motor vehicle ordinance of
any municipality in this state, committed prior to the date of
expiration on such guaranteed arrest bond certificates, except for the
offense of driving under the influence of intoxicating liquors or of
drugs or for any felony; provided, that any such guaranteed arrest
bond certificates so posted as bail bond in any court in this state
shall be subject to the forfeiture and enforcement provisions with
respect to bail bonds in criminal cases as otherwise provided by law
or as hereafter may be provided by law, and that any such guaranteed
arrest bond certificate posted as a bail bond in any municipal court
of this state shall be subject to the forfeiture and enforcement
provisions, if any, of the charter or ordinance of the particular
municipality pertaining to bail bonds posted.
(d) The State Insurance Commissioner shall notify in writing the State
Commissioner of Public Safety, each chief of municipal police
department, each county sheriff of this state, the name of each
surety, insurance company, trucking association, or association
authorized to issue guaranteed arrest bond certificates, as provided
in this act. The Insurance Commissioner shall also inform such
officials of each additional organization which may thereafter become
qualified to issue such certificates and in the event any such
organization shall be disqualified from issuing such certificates, the
Commissioner shall forthwith inform such officials of such
disqualification, at least ten (10) days prior to such
disqualification.
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