Thank you for your letter of August 18, 2011, responding to my inquiry about the practices of the Oklahoma Department of Transportation in requiring surety bonds to bear only Oklahoma resident agent countersignatures. Enclosed is a copy of an email sent to you on August 9, 2011 that forwarded recent federal trial and appellate court decisions addressing the constitutionality of various state statutes that required resident agent countersignatures only. These federal decisions convey that such statutes violate the rights afforded to licensed nonresident agents under the Privileges and Immunities Clause of the U.S. Constitution.
Topic
Advocacy, Contract Surety
Publish Date
August 23, 2011
Region
Oklahoma, States
Audience
Agents, Owners, Sureties
Resource Type
Comment Letter, Resource Map
NASBP Letter Addressing Locality Requirements in VA Bid Bond