Author: tkanger

Thursday, August 1, 2013   By Michael J. Whitlock   New Orleans, LA – It was Tuesday, the third day of the PBUS conference.  As a PBUS instructor, I was assigned to teach the course on Legislation.  Gene Newman is the Education Chair and usually comes to each class to thank everyone for attending and remind them of the importance of education.   It is also Gene’s routine to tell my students I know everything there is to know about the legislation process, as if I invented it.  The real truth is, I’m constantly learning new elements and facets of the politics, procedures and maneuvers of state house politics.   In the afternoon of that third day of the conference, I attended the meeting of the Council of Presidents.  This…

Indianapolis, IN – Lee Sexton, a general agent out of Ft. Wayne, had just completed his testimony before the Commission on Courts, chaired by Senator Brent Steele, R-Bedford.  It was the afternoon of Thursday, July 18, and we were in room 421 of the Indiana State House.  Lee nodded at me, as if to say, “You’re next.”  I took a seat at the table and introduced myself. I must preface, I have no fear of testifying before a group; speaking about my chosen profession provides only exhilaration.  I may even have been too eager to testify.  Those waiting to speak were seated in the front row of the hearing room. Early on in the hearing, I leaned towards Bob Dawson, a fellow surety representative, and whispered, “Is it arrogant of…

Indianapolis, IN - It's a rare opportunity for any industry, much less the bail industry, to come before a legislative body to speak at length about their profession and its impact on society and, in our case, the criminal justice system. The location was Room 431 of the Indiana State House. The legislative body was the Commission on Courts, chaired by Sen. Brent Steele, R-Bedford. The issue was the bail system in Indiana. While bail was selected to be included in the summer study committee it only came to fruition as a result of Sen. Earline Rogers, D-Gary, efforts to have her bill, SB 425, discussed in the summer study committee. Sen. Rogers authored legislation that, as written, would have established a County Electronic Monitoring fund to help defray costs…

Indianapolis, IN - It was meant to be a quick trip.  Overnight in Philadelphia on Monday, attend a two hour meeting in Trenton, New Jersey on Tuesday and fly home that afternoon. It started out fine.  With my TSA Pre-check “keep your shoes on” security status, I breezed through airport security and caught my on-time flight from Indy to Detroit, no problems. My connecting flight to Philadelphia was running a little late.  Once on board, I took my seat in first class, I received a complimentary upgrade and immediately heard two passengers talking about the recent plane crash in San Francisco.  Like yelling fire in a crowded theater, it’s bad form to talk about plane crashes on an airplane.  Oh well. I was on board a Canadair Regional Jet C700…

Oklahoma City, OK – I attended the Oklahoma Bondsman Association annual meeting of the Board of Directors June 3.  The meeting was held at OBA headquarters in Oklahoma City, just down the street from the State’s Capitol building.   The meeting had respectable attendance. Most Oklahoma bondsmen obtain their association updates at continuing education classes held several times a year. The OBA is sound financially, generating revenue from membership dues.  Oklahoma’s only statewide bonding association is also very effective on the legislative front.  They supported the passing of SB 9 which would have removed the ten bond limit on counties outside a bondsman’s home county.  This bill was ultimately vetoed by the governor who cited litigation pending on this issue.  The ten bond limit is an ongoing point of contention between…

Michigan City, Indiana – Hoosier bail agents gathered in northern Indiana this past Saturday for the ISBAA’s annual spring meeting.  The meeting was held at the Blue Chip Casino and included six hours of continuing education.  All bail and recovery agents will need to obtain the required continuing education credits prior to license renewal this fall.                             This meeting was anticipated with a particular buzz of excitement, resulting in one of the larger turnouts in recent memory.  Bail agents in Indiana are genuinely concerned about their future.   The amount of bail written in Indiana has been reduced by more than 70% in just eight years.  This sizable reduction can be attributed not to a reduction in crime, but…

In the bail bond business paying a loss as a result of an inability to recovery a fugitive is a sign of failure.  Paying bond forfeiture losses can be attributed to underwriting, a lack of experience, initiative and simply bad luck.  A loss can be damaging financially and could even put a bail agent out of business.  Even with a loss there can be a silver lining. How many of us working in the bail industry have been told by legislatures, law enforcement and adversaries that bail agents don’t have to pick up defendants who fail to appear because law enforcement does this for them?  This may be the single most misrepresentation perpetrated on our industry. I have underwritten thousands of bonds over the years and several of those bonds…

In the wake of a recent failed effort to repeal Indiana's no-credit law, the ISBAA will hold a debate on the issue during its annual membership meeting.  ISBAA had taken a position in opposition to the repeal of no-credit.  The meeting will be held at the Blue Chip Casino in Michigan City, Indiana, Saturday, May 18. I have agreed to participate in the debate arguing in favor of repealing Indiana's no-credit law as a means of competing with the ten percent cash bond option favored by the majority of Indiana counties. Some of the reasoning behind this position can be found in my recent blog, Effort to Repeal No-Credit Fails. All Indiana bail agents are urged to attend the meeting in Michigan City.  In addition to discussing whether or not to…

Young Harris, GA - In North Georgia, just a few miles south of the North Carolina line sits the Brasstown Valley Resort and Spa, site of the 2013 Spring Meeting of the Georgia Association of Professional Bondsmen, Inc.  The spring meeting is typically held on St. Simon's Island or in Savannah.  New GAPB President Scott Echols wanted to mix it up a bit and opted for the mountains of North Georgia for the first meeting of 2013. I had accepted an invitation to speak on legislative matters impacting other states around the country. Though I was able to cover a lot of ground, an hour was not enough time to get to every issue. Being aware of trends affecting bail in other states can help state associations plan their legislative strategies…

Indianapolis, IN - An effort to repeal Indiana’s no-credit law on bail premiums failed yesterday.  Amendment HB1006 #30 was offered by Senator Steele during the Senate Judiciary Committee.  Senator Steele is a longtime supporter of commercial bail and public safety issues.  The president of the Indiana Surety Agents Association testified in opposition to the amendment, specifically that portion dealing with the repeal of no-credit on bond premium.  As a result, the amendment failed to pass. The proposed amendment did two things. Number one, it repealed the no-credit law allowing bail agents to accept payment terms on the premium.  Current Indiana law requires bail agents to collect the entire premium prior to posting a bond.  Number two; it is the defendant’s choice to post a full cash bond or a bail bond.  Current…