Removing burdensome insurance licensure requirement for professional bondsmen

Criminal Justice

Removing burdensome insurance licensure requirement for professional bondsmen

In 2021, House Bill 2758 was passed by the WV Legislature and required the Insurance Commissioner to regulate professional bondsmen.

This was a flawed bill, as it included language that would require all bail bondsmen to become licensed insurance agents before they can operate a bail business.

In cooperation with the Insurance Commissioner of WV and leadership in both houses, Iron Arch was successfully able to pass HB 2621 which inserted the necessary fixes ensuring that bondsmen could remain active and unhindered in their professional capacity throughout West Virginia.

Project info

Client: WV Bail Coalition
Category: Criminal Justice
Date: March 28, 2023

The Challenge :

In 2021, House Bill 2758 was passed by the WV Legislature and required the Insurance Commissioner to regulate professional bondsmen.
This would have shut down nearly every bail bond business in West Virginia, with the exception of only 3.

As a result, our state would have experienced a substantial cash bail crisis. Public access to bail bondsmen would have been greatly diminished, our prisons would have experienced substantial overcrowding, and a small group of insurance companies offering bail services would have had a monopoly on the state. Due to the lack of access to bail, law enforcement would have presumably made fewer arrests, resulting in heightened crime. Magistrates would have let more criminals out on the street with less monitored personal recognizance bonds.

The Solution :

Working tirelessly with lawmakers and the Insurance Commissioner of West Virginia, Iron Arch was successfully able to advance HB 2621 through the Legislature.

This legislation included important fixes recommended by the Insurance Commissioner, enabling active bail bondsmen to continue operating in their professional capacity.

The Result :

Governor Jim Justice signed HB 2621 into law, ensuring the continuation of the cash bail system in West Virginia, eliminating the risk of establishing a bail monopoly.