Shown verbatim: the complete text as captured from the official PDF posted by the Oklahoma Legislature, fetched 2026-07-23. Page and line markers are part of the official record; nothing is edited or removed. The official bill page.
1 STATE OF OKLAHOMA
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2 1st Session of the 60th Legislature (2025)
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3 SENATE BILL 378 By: Gollihare
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6 AS INTRODUCED
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7 An Act relating to bail bondsman; amending 59 O.S.
7 2021, Section 1314, which relates to written receipt
8 for collateral; modifying certain reviewal fee;
8 updating statutory language; and providing an
9 effective date.
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1 2 BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
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13 SECTION 1. AMENDATORY 59 O.S. 2021, Section 1314, is
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1 4 amended to read as follows:
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15 Section 1314. A. When a bail bondsman or managing general
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1 6 agent accepts collateral, the bail bondsman or managing general
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1 7 agent shall give a written receipt for same, and this receipt shall
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1 8 give in detail a full description of the collateral received. A
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1 9 description of the collateral shall be listed on the undertaking by
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2 0 affidavit. All property taken as collateral, whether personal,
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2 1 intangible or real, shall be receipted for and deemed, for all
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2 2 purposes, to be in the name of, and for the use and benefit of, the
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2 3 insurer. Every receipt, encumbrance, mortgage or other evidence of
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2 4 the custody, possession or claim shall facially indicate that it has
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1 been taken or made on behalf of the insurer through its authorized
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2 agent, the individual licensed bondsman or managing general agent
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3 who has transacted the undertaking with the bond principal. Any
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4 mortgage or other encumbrance against real property taken under the
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5 provisions of this section which does not indicate beneficial
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6 ownership of the claim to be in favor of the insurer shall be deemed
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7 to constitute a cloud on the title to real estate and shall subject
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8 the person filing, or causing same to be filed, in the real estate
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9 records of the county, to a penalty of treble damages or One
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1 0 Thousand Dollars ($1,000.00), whichever is greater, in an action
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1 1 brought by the person, organization or corporation injured thereby.
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1 2 For collateral taken, or liens or encumbrances taken or made
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1 3 pursuant to the provisions of this section, the individual bondsman
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1 4 or managing general agent taking possession of the property or
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1 5 making the lien, claim or encumbrance shall do so on behalf of the
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1 6 insurer, and the individual licensed bondsman shall be deemed to act
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1 7 in the capacity of fiduciary in relation to both:
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18 1. The principal or other person from whom the property is
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1 9 taken or claimed against; and
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20 2. The insurer whose agent is the licensed bondsman.
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21 As fiduciary and bailee for hire, the individual bondsman shall
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2 2 be liable in criminal or civil actions at law for failure to
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2 3 properly receipt or account for, maintain or safeguard, release or
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2 4 deliver possession upon lawful demand, in addition to any other
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1 penalties set forth in this subsection. No person who takes
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2 possession of property as collateral pursuant to this section shall
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3 use or otherwise dissipate the asset, or do otherwise with the
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4 property than to safeguard and maintain its condition pending its
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5 return to its lawful owner, or deliver to the insurer, upon lawful
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6 demand pursuant to the terms of the bailment.
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7 When collateral security is received in the form of cash or
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8 check or other negotiable instrument, the bondsman shall deposit the
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9 cash or instrument within two (2) business days after receipt in an
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1 0 established, separate non-interest-bearing trust account in any bank
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1 1 located in Oklahoma. The trust account funds required under this
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1 2 section shall not be commingled with other operating funds.
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13 B. Every licensed bondsman shall file, monthly and
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1 4 electronically, with the Insurance Commissioner and on forms
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1 5 approved by the Commissioner as follows:
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16 1. A monthly report showing every bond written, amount of bond,
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1 7 whether released or revoked during each month, showing the court and
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1 8 county, and the style and number of the case, premiums charged and
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1 9 collateral received; and
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20 2. Monthly reports showing total current liabilities, all bonds
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2 1 written during the month by the professional bondsman or multicounty
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2 2 agent bondsman and by any licensed bondsman who may countersign for
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2 3 the professional bondsman or multicounty agent bondsman, all bonds
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2 4 terminated during the month, and the total liability and a list of
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1 all bondsmen currently employed by the professional bondsman or
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2 multicounty agent bondsman.
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3 Monthly reports shall be submitted electronically to the
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4 Insurance Commissioner by the fifteenth day of each month. The
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5 records shall be maintained by the Commissioner as public records.
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6 C. Every licensee shall keep at the place of business of the
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7 licensee the usual and customary records pertaining to transactions
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8 authorized by the license. All of the records shall be available
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9 and open to the inspection of the Commissioner at any time during
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1 0 business hours during the three (3) years immediately following the
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1 1 date the liability of the bondsman on the bond is discharged by the
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1 2 court or the date collateral is returned by the bondsman to its
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1 3 lawful owner, whichever is later. If an appearance bond is never
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1 4 executed and filed with the court, then all records shall be
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1 5 maintained for three (3) years immediately following the date the
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1 6 documents were prepared. The Commissioner may require a financial
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1 7 examination or market conduct survey during any investigation of a
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1 8 licensee.
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19 D. Each bail bondsman shall submit each month with the monthly
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2 0 report of the bondsman, a reviewal fee equal to two-tenths of one
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2 1 percent (2/10 of 1%) fifteen ten-thousandths of one percent (.0015%)
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2 2 of the new liability written for that month. The fee shall be
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2 3 payable to the Insurance Commissioner who shall deposit same with
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2 4 the State Treasurer.
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1 SECTION 2. This act shall become effective November 1, 2025.
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3 60-1-701 CAD 1/14/2025 3:50:44 PM
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Req. No. 701 Page 5Every fact on this page links to its source, starting with the official bill record.