S.B. 221

1

COUNTY OFFICERS - OFFICIAL BOND
2 1997 GENERAL SESSION
3 STATE OF UTAH
4 Sponsor: Lyle W. Hillyard
5 AN ACT RELATING TO COUNTIES; ALLOWING COUNTY LEGISLATIVE BODY TO
6 ACQUIRE INSURANCE OR BOND IN LIEU OF INDIVIDUAL OFFICIALS BONDS; AND
7 REQUIRING THE COUNTY TO PAY THE COST OF THE INSURANCE OR BOND.
8 This act affects sections of Utah Code Annotated 1953 as follows:
9 AMENDS:
10 17-16-11, as last amended by Chapter 146, Laws of Utah 1994
11 Be it enacted by the Legislature of the state of Utah:
12 Section 1. Section 17-16-11 is amended to read:
13 17-16-11. Official bonds.
14 (1) The county legislative body shall prescribe by ordinance the amount in which the
15 following county and precinct officers shall execute official bonds before entering upon the
16 discharge of the duties of their respective offices, viz.: county clerk, county auditor, sheriff, county
17 attorney, district attorney, county recorder, county assessor, county surveyor, justice court judge,
18 and constable, and the county legislative body may by ordinance require any deputy or assistant
19 of any such officer to execute an official bond before entering upon the discharge of the duties of
20 his office. The amount in which the county treasurer shall execute an official bond shall be
21 prescribed by the State Money Management Council. If surety company bonds are taken, the
22 premium for such of the bonds as the county legislative body shall specify by ordinance shall be
23 paid out of the county funds. The judge or judges of the district court of the county shall prescribe
24 the amount in which each member of the county legislative body of the county shall execute an
25 official bond before entering upon the discharge of the duties of his office. If surety company
26 bonds are taken and if the county legislative body shall so direct by ordinance, the premium for
27 each such bond shall be paid out of the county funds. The bonds and sureties of the county

1 legislative body must, before the bonds can be recorded and filed, be approved by one of the
2 judges. The bonds and sureties of all other county and precinct officers must be approved by the
3 county legislative body before the bonds can be filed and recorded. All persons offered as sureties
4 on official bonds shall be examined on oath touching their qualifications, and no person, other than
5 a surety company, shall be admitted as surety on any bond unless he is a resident and freeholder
6 within this state and is worth in real or personal property, or both, situate in this state the amount
7 of his undertaking over and above all just debts and liabilities exclusive of property exempt from
8 execution. All official bonds shall be recorded in the office of the county recorder and then filed
9 and kept in the office of the county clerk. The official bond of the county clerk after being
10 recorded shall be filed and kept in the office of the county treasurer.
11 (2) The district attorney of a multicounty prosecution district shall execute a bond in the
12 amount specified in the interlocal agreement creating the prosecution district. The bond shall be
13 recorded with the county recorder and filed with the county clerk specified in the agreement. The
14 agreement shall provide for payment of the premium in accordance with Subsection (1).
15 (3) (a) In lieu of the individual official bonds required under this section and Section
16 51-7-15, a county legislative body may acquire insurance or a general fidelity bond covering
17 county employees, officials, and elected officers.
18 (b) The cost of the insurance or bond permitted under Subsection (3)(a) shall be paid by
19 the county.




Legislative Review Note
as of 2-10-97 11:55 AM

A limited legal review of this bill raises no obvious constitutional or statutory concerns.

Office of Legislative Research and General Counsel

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