Read the full stored bill text
Req. No. 10674 Page 1
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
STATE OF OKLAHOMA
1st Session of the 60th Legislature (2025)
HOUSE BILL 1708 By: Worthen
AS INTRODUCED
An Act relating to professions and occupations;
amending 59 O.S. 2021, Section 1301, which relates
bail bondsman definitions; adding certain terms;
adding a definition; amending 59 O.S. 2021, Section
1306, which relates to cash bondsman; adding terms;
and providing an effective date.
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1. AMENDATORY 59 O.S. 2021, Section 1301, is
amended to read as follows:
Section 1301. A. Sections 1301 through 1341 of this title
shall only apply to the regulation of bail bonds and cash bail
including charitable cash bail for crimes, the punishment of which
may be in excess of Twenty Dollars ($20.00) fine or twenty (20) days
in jail, or both such fine and imprisonment.
B. As used in Sections 1301 through 1341 of this title:
1. "Commissioner" means the Insurance Commissioner of the State
of Oklahoma;
2. "Clerk" means the district or municipal court clerk;
Req. No. 10674 Page 2
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
3. "Insurer" means any domestic, foreign or alien surety
company which has qualified generally to transact surety business
and specifically to transact bail bond business in this state and
any professional bondsman or multicounty agent bondsman;
4. "Bail bondsman" means a surety bondsman, professional
bondsman, multicounty agent bondsman, property bondsman, or a cash
bondsman as hereinafter defined;
5. "Surety bondsman" means any person who has been approved by
the Commissioner and appointed by an insurer by power of attorney to
execute or countersign bail bonds for the insurer in connection with
judicial proceedings and charges and receives money for his or her
services;
6. "Managing general agent" (M.G.A.) means any person acting in
the capacity of supervisor or manager over a licensed bondsman, who
has been granted the authority or responsibility by an insurer to
conduct surety business on its behalf, and to oversee the activities
and conduct of the appointed licensed bondsman agents of the
insurer, and who generally functions as an intermediate manager
between the insurer and its licensed bondsman agents. A managing
general agent fulfilling these functions shall be a natural person,
shall meet the qualifications of paragraph 5 of this subsection and
shall be licensed as a bondsman;
7. "Professional bondsman" means any person who has been
approved by the Commissioner and who pledges cash as security for a
Req. No. 10674 Page 3
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
bail bond in connection with a judicial proceeding and charges and
receives money for his or her services;
8. "Property bondsman" means any person who has been approved
by the Commissioner and who pledges real property as security for a
bail bond in a judicial proceeding and charges and receives money
for his or her services;
9. "Cash bondsman" means any person who has been approved by
the Commissioner and who deposits cash money as security for a bail
bond in a judicial proceeding and charges and receives money for his
or her services;
10. "Escrow deposit" means cash or valuable security deposited
by an insurer to secure the face amount of forfeiture pending
appeal;
11. "Solicitation" means to ask for earnestly, seek to obtain
by persuasion or entreaty, implore, beseech, tempt or entice a
person directly or through another person by personal, mechanical,
printed or published means to purchase a bail bond. Solicitation
shall not include mass communication advertising, which shall
include, but not be limited to, television, newspapers, magazines
and billboards;
12. "Bond" means an appearance bond for a specified monetary
amount which is executed by the defendant and a licensed bondsman
pursuant to the provisions of Section 1301 et seq. of this title and
which is issued to a court clerk as security for the subsequent
Req. No. 10674 Page 4
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
court appearance of the defendant upon release from actual custody
pending the appearance; and
13. "Multicounty agent bondsman" means a professional bondsman
who has been approved by the Commissioner and who otherwise complies
with the provisions of Section 1306.1 of this title.
14. "Charitable cash bondsman" means any person who has been
approved by the Commissioner who deposits cash money as security for
a cash bond in a judicial proceeding and does not charge nor receive
any money for his or her services.
SECTION 2. AMENDATORY 59 O.S. 2021, Section 1306, is
amended to read as follows:
Section 1306. A. 1. An applicant for a cash bondsman license
or charitable cash bondsman license shall meet all requirements set
forth in Section 1305 of this title with exception of the one-year
residence requirement. An applicant for a cash bondsman license
shall affirmatively show that the applicant has been a bona fide
resident of the state for six (6) months.
2. In addition to the requirements prescribed in Section 1305
of this title, an applicant for a professional bondsman license
shall have been continually licensed as a surety, cash or property
bondsman in the State of Oklahoma for a minimum of two (2) years
immediately prior to the date of application and shall submit to the
Insurance Commissioner an audited financial statement prepared by an
accounting firm or individual holding a permit to practice public
Req. No. 10674 Page 5
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
accounting in this state in accordance with the Statements on
Auditing Standards promulgated by the Auditing Standards Board of
the American Institute of Certified Public Accountants setting forth
the total assets of the bondsman less liabilities and debts as
follows: For all applications made prior to November 1, 2006, and
the subsequent renewals of a license issued upon the application
when continuously maintained in effect as required by law, the
statement shall show a net worth of at least Fifty Thousand Dollars
($50,000.00). For all applications made on and after November 1,
2006, and the subsequent renewals of a license issued upon the
application when continuously maintained in effect as required by
law, or for the renewal or reinstatement of any license that is
expired pursuant to subsection D of Section 1309 of this title,
suspended or revoked, the statement shall show a net worth of at
least One Hundred Fifty Thousand Dollars ($150,000.00), the
statements to be current as of a date not earlier than ninety (90)
days prior to submission of the application and the statement shall
be attested to by an unqualified opinion of the accountant.
3. Professional bondsman applicants shall make a deposit with
the Insurance Commissioner in the same manner as required of
domestic insurance companies of an amount to be determined by the
Commissioner. For all applications made prior to November 1, 2006,
and the subsequent renewals of a license issued upon the application
when continuously maintained in effect as required by law, the
Req. No. 10674 Page 6
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
deposit shall not be less than Twenty Thousand Dollars ($20,000.00).
For all applications made on and after November 1, 2006, and the
subsequent renewals of a license issued upon the application when
continuously maintained in effect as required by law, or for the
renewal or reinstatement of any license that is expired pursuant to
subsection D of Section 1309 of this title, suspended or revoked,
the deposit shall not be less than Fifty Thousand Dollars
($50,000.00). The deposits shall be subject to all laws, rules and
regulations as deposits by domestic insurance companies but in no
instance shall a professional bondsman write bonds which equal more
than ten times the amount of the deposit which the bondsman has
submitted to the Commissioner. Such deposit shall require the
review and approval of the Insurance Commissioner prior to exceeding
the maximum amount of Federal Deposit Insurance Corporation basic
deposit coverage for any one bank or financial institution. In
addition, a professional bondsman may make the deposit by purchasing
an annuity through a licensed domestic insurance company in the
State of Oklahoma. The annuity shall be in the name of the bondsman
as owner with legal assignment to the Insurance Commissioner. The
assignment form shall be approved by the Commissioner. If a
bondsman exceeds the above limitation, the bondsman shall be
notified by the Commissioner that the excess shall be reduced or the
deposit increased within ten (10) days of notification, or the
license of the bondsman shall be suspended immediately after the
Req. No. 10674 Page 7
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
ten-day period, pending a hearing on the matter. The limitation may
be exceeded with Commissioner approval when a state of emergency or
disaster is declared by the Governor, the Oklahoma Legislature or by
the United States Presidential Declaration of a Federal Emergency or
Major Disaster.
4. The deposit provided for in this section shall constitute a
reserve available to meet sums due on forfeiture of any bonds or
recognizance executed by the bondsman.
5. Any deposit made by a professional bondsman pursuant to this
section shall be released and returned by the Commissioner to the
professional bondsman only upon extinguishment of all liability on
outstanding bonds. Provided, however, the Commissioner shall have
the authority to review specific financial circumstances and history
of a professional bondsman, on a case-by-case basis, and may release
a portion of the deposit if warranted. The Commissioner may
promulgate rules to effectuate the provisions of this paragraph.
6. No release of deposits to a professional bondsman shall be
made by the Commissioner except upon written application and the
written order of the Commissioner. The Commissioner shall have no
liability for any such release to a professional bondsman provided
the release was made in good faith.
B. The deposit provided in this section shall be held in
safekeeping by the Insurance Commissioner and shall only be used if
a bondsman fails to pay an order and judgment of forfeiture after
Req. No. 10674 Page 8
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
being properly notified or shall be used if the license of a
professional bondsman has been revoked. The deposit shall be held
in the name of the Insurance Commissioner and the bondsman. The
bondsman shall execute an assignment or pledge of the deposit to the
Insurance Commissioner for the payment of unpaid bond forfeitures.
C. Currently licensed professional bondsmen may maintain their
aggregate liability limits upon presentation of documented proof
that they have previously been granted a limitation greater than the
requirements of subsection A of this section.
D. Notwithstanding any other provision of Sections 1301 through
1341 of this title, the license of a professional bondsman is
transferable upon the death or legal or physical incapacitation of
the bondsman to the spouse of the bondsman, or to such other
transferee as the professional bondsman may designate in writing,
and the transferee may elect to act as a professional bondsman for a
period of one hundred eighty (180) days if the following conditions
are met:
1. The transferee shall hold a valid license as a surety
bondsman in this state; and
2. The asset and deposit requirements set forth in this section
continue to be met.
SECTION 3. This act shall become effective November 1, 2025.
60-1-10674 TKR 01/15/25