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HB 718

An Act amending the act of July 14, 1961 (P.L.637, No.329), known as the Wage Payment and Collection Law, further providing for definitions; providing for duty of department to report and for investigations; further providing for civil remedies and penalties, for liquidated damages and for criminal penalties; providing for employer liability; and establishing the Wage Enforcement Fund.

2025-2026 Regular Session Introduced by Missy Cerrato and 27 co-sponsors

HB 718 tightens NC bail bonds oversight: extends direct supervision for provisional licensees, caps supervisors’ provisional caseload, adds monthly reports, and clarifies out‑of‑st

Referred to Labor & Industry
0
WeVote Research Nonpartisan
Bill Summary · HB 718

Summary — HB 718: Bail Bondsmen Revisions

Status: Enacted (signed by Governor 2025‑06‑20) — Effective September 1, 2025
Introduced: November 12, 2024
Primary subject areas: Bail; Courts; Criminal procedure; Licensing & certification; Insurance; Occupations

Purpose / Intent

HB 718 updates and clarifies North Carolina’s regulatory framework for professional/ surety bail bondsmen and related actors. The bill (1) confirms that statutory rules governing bail bondsmen supersede any conflicting common‑law rules, (2) governs how out‑of‑state sureties must operate in North Carolina, and (3) tightens licensing, supervision, and reporting requirements for provisional and supervising bail bondsmen to strengthen oversight and consumer protections.

Key provisions and changes

  • Statutory supremacy

    • Adds an express statement that the Article governing bail bondsmen provides a comprehensive regulatory framework and that any conflicting common‑law rules are abrogated.

  • Out‑of‑state sureties and surrender/arrest procedure

    • Prohibits a surety on a bail bond from another state/jurisdiction from directly arresting a defendant in North Carolina to effect surrender.
    • Requires out‑of‑state sureties to use the services of a North Carolina licensed surety bondsman, professional bondsman, or runner to effect surrender/arrest, and to provide that NC bondsman with a certified copy of the undertaking.

  • Definitions (clarifications)

    • Introduces/clarifies terms such as “first‑year licensee,” “provisional licensee,” “direct supervision,” and “supervising bail bondsman.”
    • Changes the length of provisional status: a “provisional licensee” is anyone licensed for less than 24 months; a “first‑year” licensee is less than 12 months.

  • Provisional licensing & supervision (major changes)

    • Extends the period a new licensee must operate under direct supervision (text reflects increasing supervision from an initial 12‑month standard to 24 months for provisional licensees).
    • A provisional/first‑year licensee may be employed by or contract with only one supervising bail bondsman.
    • If a provisional licensee cannot find a supervising bail bondsman after due diligence, the licensee may petition the Department with a sworn affidavit; the Department may permit unsupervised operation in limited circumstances.

  • Requirements & limits for supervising bail bondsmen (new section, §58‑71‑41.1)

    • Application and $200 fee to seek or restore supervising status.
    • Must have five years of uninterrupted experience as a licensed bail bondsman in NC.
    • Must not have past Commissioner orders or adverse administrative actions.
    • Annual renewal filing (no later than May 31) and monthly reporting (by the 5th business day) listing provisional licensees supervised.
    • Supervisors may not charge a fee for supervising provisional licensees.
    • Supervisors are limited to supervising no more than two provisional licensees at a time.

Who or what is affected

  • Licensed bail bondsmen, surety bondsmen, and runners (both existing and new/provisional licensees)
  • Out‑of‑state sureties that post bonds for defendants in North Carolina
  • Insurers or entities that appoint surety bondsmen (to the extent they interact with NC licensure)
  • Courts and law‑enforcement personnel involved in surrender/arrest procedures
  • NC Department of Insurance (administration/enforcement responsibilities)

Practical impact & administrative effects

  • Strengthens state oversight of new bondsmen by lengthening required direct supervision and imposing stricter qualifications for supervising bondsmen.
  • Limits the number of provisional licensees a supervisor may oversee and bans fees for supervision, likely increasing the time/supervision resources required per supervisor.
  • Places a new monthly reporting burden on supervising bondsmen and a new $200 application requirement for supervisors.
  • Standardizes how out‑of‑state sureties operate in NC (must use licensed NC bondsmen for surrenders), which may change operational patterns for interstate bail practices.
  • Aims to reduce risks associated with inexperienced bondsmen and improve accountability; may increase compliance costs for supervising bondsmen and their employers.

Timeline / Procedural notes

  • Passed initial readings and committee actions per legislative record.
  • Signed by the Governor: June 20, 2025.
  • Effective date: September 1, 2025.

If you want, I can:
- Pull and annotate the specific statute sections amended (with citations),
- Produce a side‑by‑side comparison of current law vs. post‑HB 718 text, or
- Summarize implementation/compliance steps for supervising bondsmen and licensing applicants.

Compiled from official sources — confirm details with the bill’s official record.

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