STATE.
SINCE 59 O.S. 1320(A) PROVIDES THAT A BONDSMAN MAY ONLY REGISTER HIS LICENSE IN ONE COUNTY, A BONDSMAN WHO VIOLATES THIS PROVISION BY REGISTERING HIS LICENSE IN MORE THAN ONE COUNTY WOULD BE SUBJECT TO ONE OF THE ABOVE-REFERENCED ADMINISTRATIVE PENALTIES. IN ADDITION, 59 O.S. 1310(B) GRANTS TO THE INSURANCE COMMISSION THE AUTHORITY TO FINE A BONDSMAN UP TO ONE THOUSAND DOLLARS ($1,000.00) PER OCCURRENCE. THEREFORE, A BONDSMAN WHO EITHER ATTEMPTS OR ACTUALLY REGISTERS HIS LICENSE IN MORE THAN ONE COUNTY IS SUBJECT TO BEING FINED OR HAVING HIS LICENSE SUSPENDED OR REVOKED.
YOUR SIXTH QUESTION ASKS THE EFFECT IF A BAIL BONDSMAN NOTIFIES THE DISTRICT COURT CLERK OF INTENTIONS TO WRITE BONDS IN THAT COUNTY. SECTION 1320(B) PROVIDES THAT A BAIL BONDSMAN CAN WRITE BONDS ON UP TO TEN DEFENDANTS ANNUALLY IN ALL COUNTIES IN WHICH HE IS NOT REGISTERED, PROVIDED HE ADVISES THE DISTRICT COURT CLERK IN EACH SUCH COUNTY, IN WRITING, OF HIS INTENT TO WRITE BONDS THEREIN, FILES A CERTIFIED COPY OF HIS LICENSE AND PAYS A TEN DOLLAR ($10.00) FEE. IF THE BAIL BONDSMAN SATISFIES THESE THREE REQUIREMENTS, HE MAY WRITE BONDS ON TEN DEFENDANTS ANNUALLY IN THAT COUNTY.
YOUR SEVENTH QUESTION ASKS WHO SHOULD BE INCLUDED IN THE LIST OF BONDSMEN THAT 59 O.S. 1320(A) REQUIRES A DISTRICT COURT CLERK TO SEND TO JUDGES. SECTION 1320(A) PROVIDES IN PERTINENT PART:
"THE COURT CLERK OF THE COUNTY SHALL PROVIDE A LIST OF BONDSMEN PERMITTED TO WRITE SURETY IN THAT COUNTY TO JUDGES AND LAW ENFORCEMENT OFFICES OF THAT COUNTY."
WHEN THE LEGISLATURE'S INTENT IS CLEAR AND UNAMBIGUOUS, RESORTING TO INTERPRETATION IS UNNECESSARY. CAVE SPRINGS PUBLIC SCHOOL DISTRICT 1-30 OF ADAIR V. BLAIR, 613 P.2D 1046 (OKLA.1980). IN THIS INSTANCE, THE STATUTORY LANGUAGE IS CLEAR THAT ALL BONDSMEN AUTHORIZED TO WRITE BAIL IN A COUNTY SHALL BE INCLUDED IN THE LIST. THIS, OF COURSE, WOULD INCLUDE BOTH REGISTERED BONDSMEN AS WELL AS BONDSMEN WHO HAVE COMPLIED WITH THE REQUIREMENTS OF 59 O.S. 1320(B), EXCEPT, HOWEVER, THAT 1320(B) BONDSMEN WOULD BE LIMITED TO WRITING BONDS ON ONLY TEN DEFENDANTS PER YEAR IN THAT COUNTY UNLESS THE COUNTY DID NOT HAVE A LICENSED BONDSMAN REGISTERED IN THAT COUNTY.
(JOSEPH L. MCCORMICK)