UNDER ONE OF THE CATEGORIES OF ARTICLE V, SECTION 46 OF THE OKLAHOMA CONSTITUTION, FOR IT TO BE PROHIBITED UNDER ARTICLE V, SECTION 59 IT MUST BE FIRST DETERMINED IF THE SUBJECT MATTER OF THE LEGISLATION IS SUSCEPTIBLE TO A GENERAL LAW. REYNOLDS, AT 822. IF NO GENERAL LAW IS APPLICABLE, THE A SPECIAL LAW IS PERMISSIBLE.
WHILE 59 O.S. 1308.1 SINGLES OUT FOR ITS REQUIREMENTS ALL BAIL BONDSMEN, IT NONETHELESS TREATS THEM AS A CLASS. NO DISTINCTIONS ARE MADE AND NO DIFFERENCES IN CONTINUING EDUCATIONAL REQUIREMENTS APPEAR TO RESULT. ON THE OTHER HAND, IT DOES SINGLE OUT FOR THE PROVISION OF THE CONTINUING EDUCATION REQUIREMENTS THAT ONLY THE OKLAHOMA BONDSMAN ASSOCIATION MAY OFFER SUCH COURSES. IT IS NOT CLEAR THE REASON FOR THIS, WHETHER THERE ARE OTHER ENTITIES WHICH COULD PROVIDE SUCH COURSES, OR WHETHER THERE IS A REASONABLE BASIS FOR THE DISTINCTION. THE DETERMINATION OF THESE QUESTIONS, UNFORTUNATELY, INVOLVES QUESTIONS OF FACT FOR WHICH THIS OFFICE IS UNABLE TO PROVIDE ANSWERS.
PLEASE NOTE THAT THIS IS AN INFORMAL OPINION AND NOT AN OFFICIAL OPINION OF THE ATTORNEY GENERAL. AS SUCH, IT SHOULD NOT BE USED AS AN OFFICIAL OPINION. SHOULD YOU HAVE FURTHER QUESTIONS IN REGARD TO THIS MATTER, PLEASE FEEL FREE TO CALL UPON ME.
(JAMES ROBERT JOHNSON)