§ 14-14-1201 — Surety bond for certain county and township officers and employees

(a) Surety Bond Required. All elected or appointed county and township officers, and employees thereof, who receipt for cash funds or disburse public funds of a county by virtue of their office or employment shall obtain a surety bond. (b) Amount of Bond. (1) The amount for which a county or township officer or employee shall be bonded shall be based on the amount of money or property handled and the opportunity for defalcation. These amounts shall be fixed annually by ordinance of the quorum court of each county based on the total cash receipts and disbursements of the office for the preceding calendar year. (2) (A) These surety bonds shall be initiated in minimum amounts computed as follows: (i) On the first one hundred thousand dollars ($100,000), or any part thereof, of receipts or disbursements of the office, ten percent (10%) of the amount; (ii) On the next two hundred thousand dollars ($200,000), or any part thereof, of receipts or disbursements of the office, seven and one-half percent (71/2%) of the amount; (iii) On the next two hundred thousand dollars ($200,000), or any part thereof, of receipts or disbursements of the office, five percent (5%) of the amount; (iv) On the next five hundred thousand dollars ($500,000), or any part thereof, of the amount, two and one-half percent (21/2%); and (v) On all amounts in excess of one million dollars ($1,000,000), one percent (1%) of the amount. (B) The maximum amount of any bond required of any elected officer or employee thereof shall not exceed five hundred thousand dollars ($500,000). (c) Authorized Bonding Companies. Bonds purchased by a county government shall be executed by responsible insurance or surety companies authorized and admitted to execute surety bonds in the state. (d) Conditions of Sureties. The condition of every official bond must be that the covered officers and employees shall perform all official duties required of them by law and also such additional duties as may be imposed on them by any law subsequently enacted, and that they will account for and pay over and deliver to the person or officer entitled to receive the same all moneys or other property that may come into their hands as such officers or employees. The sureties upon any official bond are also in all cases liable for the neglect, default, or misconduct in office of any deputy, clerk, or employee, appointed or employed by an officer or employee of county government. (e) Purchase of Bonds. The county judge of each county shall purchase all surety bonds for county and township officers, and employees thereof, in the amounts fixed by ordinance of the county quorum court pursuant to the purchasing laws governing county government. A bond may cover an individual officer or employee, or a blanket bond may cover all officers and employees, or any group or combination of officers and employees. (f) Appropriation of Bond Premiums. The quorum court of each county shall provide for by appropriation the payment of premiums for surety bonds of all county and township officers, and employees thereof. (g) Approval and Filing of Bonds. All official bonds must be signed and executed by the county court of each county and one (1) or more surety companies organized under the laws of this state or licensed to do business in this state. The original of each such executed bond, as required in this section, shall be filed in the office of county clerk.

Legislative History

Acts 1977, No. 742, § 113; A.S.A. 1947, § 17-4206.