In this subtitle the following words have the meanings indicated. “Bail bond” means a written obligation of a defendant, with or without a surety or collateral security, that: is conditioned on the appearance of the defendant as required; and provides for the payment of a penal sum according to its terms. “Bail bondsman” means an authorized insurance producer of a surety insurer. “Collateral security” means any property deposited, pledged, or encumbered to secure the performance of a bail bond. “License” means a license issued by the Commissioner to provide bail bondsman services. “Provide bail bondsman services” means to provide any service in the bail bondsman trade. “Surety” means a person, other than the defendant, that guarantees the appearance of the defendant by executing a bail bond. “Surety” includes an uncompensated or accommodation surety. “Surety insurer” means a person that, for compensation, directly or through an authorized insurance producer, acts as a surety on a bail bond.

Except as provided in § 10–309 of this subtitle, this subtitle does not apply to bail bondsmen that provide bail bondsman services under § 5–203 of the Criminal Procedure Article.

The Commissioner shall adopt regulations to carry out this subtitle.

Except as provided in §§ 10–14A–03 and 10–14B–03 of the State Government Article, an individual must obtain a license before the individual provides bail bondsman services in the State. A license issued by the Commissioner under this subtitle is identical to a license issued under Subtitle 1 of this title.

An applicant for a license must be an individual who meets the requirements for acting as a property and casualty insurance producer under Subtitle 1 of this title.

The Commissioner shall set licensing fees that are sufficient to cover the expenses of licensing bail bondsmen under this subtitle.

Each bail bondsman must comply with any continuing education requirements that the Commissioner sponsors or approves.

Each year, each bail bondsman must certify to the Commissioner, on a form that the Commissioner requires, that the majority of the bail bondsman’s income is from providing bail bondsman services.

This section applies to bail bondsmen licensed under this subtitle and to bail bondsmen that provide bail bondsman services under § 5–203 of the Criminal Procedure Article. A bail bondsman may arrange to accept payment for the premium charged for a bail bond in installments. If a bail bondsman arranges to accept payment for the premium charged for a bail bond in installments, the installment agreement: shall be in a form adopted by the Commissioner; shall include: the total amount of the premium owed; the amount of any down payment made; the balance amount owed to the bail bondsman or the bail bondsman’s insurer; the amount and due date of each installment payment; and the total number of installment payments required to pay the amount due; and may not include a confessed judgment clause that waives a consumer’s right to assert a legal defense to an action. If a bail bondsman arranges to accept payment of the premium charged for a bail bond in installments, the bail bondsman shall: secure a signed affidavit of surety by the defendant or the insurer containing the information required under subsection (c) of this section and provide the affidavit of surety to the court; take all necessary steps to collect the total amount owed by the insured, including seeking remedies provided by law for the collection of debts; and keep and maintain records of all collection attempts, installment agreements, and affidavits of surety. The bail bondsman shall keep and maintain the records required under this section in an office that is generally accessible to the public during normal business hours. The bail bondsman shall make the records required under this section available to the Commissioner for inspection. Each year, each bail bondsman shall certify to the Commissioner that the records required to be kept and maintained under this section are accurate and true. If a bail bondsman violates any provision of this section, the Commissioner may take any actions authorized under § 10–126 of this title.