Every county official before he or she enters upon the duties of his or her office shall furnish a bond conditioned that he or she will faithfully perform the duties of his or her office and account for and pay over all money which may come into his or her hands by virtue of his or her office, and that he or she, or his or her executors or administrators, will deliver to his or her successor safe and undefaced all books, records, papers, seals, equipment, and furniture belonging to his or her office. Bonds of elective county officers shall be as follows:
(1) Assessor: Amount to be fixed and sureties to be approved by proper county legislative authority;
(2) Auditor: Amount to be fixed at not less than ten thousand dollars and sureties to be approved by the proper county legislative authority;
(3) Clerk: Amount to be fixed in a penal sum not less than double the amount of money liable to come into his or her hands and sureties to be approved by the judge or a majority of the judges presiding over the court of which he or she is clerk: PROVIDED, That the maximum bond fixed for the clerk shall not exceed in amount that required for the treasurer in the same county;
(4) Coroner: Amount to be fixed at not less than five thousand dollars with sureties to be approved by the proper county legislative authority;
(5) Members of the proper county legislative authority: Sureties to be approved by the county clerk and the amounts to be:
(a) In each county with a population of one hundred twenty-five thousand or more, twenty-five thousand dollars;
(b) In each county with a population of from seventy thousand to less than one hundred twenty-five thousand, twenty-two thousand five hundred dollars;
(c) In each county with a population of from forty thousand to less than seventy thousand, twenty thousand dollars;
(d) In each county with a population of from eighteen thousand to less than forty thousand, fifteen thousand dollars;
(e) In each county with a population of from twelve thousand to less than eighteen thousand, ten thousand dollars;
(f) In each county with a population of from eight thousand to less than twelve thousand, seven thousand five hundred dollars;
(g) In all other counties, five thousand dollars;
(6) Prosecuting attorney: In the amount of five thousand dollars with sureties to be approved by the proper county legislative authority;
(7) Sheriff: Amount to be fixed and bond approved by the proper county legislative authority at not less than five thousand nor more than fifty thousand dollars; surety to be a surety company authorized to do business in this state;
(8) Treasurer: Sureties to be approved by the proper county legislative authority and the amounts to be fixed by the proper county legislative authority at double the amount liable to come into the treasurer's hands during his or her term, the maximum amount of the bond, however, not to exceed:
(a) In each county with a population of two hundred ten thousand or more, two hundred fifty thousand dollars;
(b) In each county with a population of from one hundred twenty-five thousand to less than two hundred ten thousand, two hundred thousand dollars;
(c) In each county with a population of from eighteen thousand to less than one hundred twenty-five thousand, one hundred fifty thousand dollars;
(d) In all other counties, one hundred thousand dollars.
The treasurer's bond shall be conditioned that all moneys received by him or her for the use of the county shall be paid as the proper county legislative authority shall from time to time direct, except where special provision is made by law for the payment of such moneys, by order of any court, or otherwise, and for the faithful discharge of his or her duties.
Bonds for other than elective officials, if deemed necessary by the proper county legislative authority, shall be in such amount and form as such legislative authority shall determine.
In the approval of official bonds, the chair may act for the county legislative authority if it is not in session.
[
2010 1st sp.s. c 26 s 5;
1991 c 363 s 49;
1971 c 71 s 1;
1969 ex.s. c 176 s 91;
1963 c 4 s 36.16.050. Prior:
1955 c 157 s 7; prior: (i)
1895 c 53 s 1; RRS s 70. (ii) 1895 c 53 s 2, part; RRS s 71, part. (iii) 1921 c 132 s 1, part; 1893 c 75 s 7, part; RRS s 4046, part. (iv) Code 1881 s 2708, part; 1869 p 310 s 4, part; 1863 p 549 s 4, part; 1854 p 424 s 4, part; RRS s 4084, part. (v) 1943 c 249 s 1, part; Code 1881 s 2739, part; 1863 p 553 s 2, part; 1854 p 426 s 2, part; Rem. Supp. 1943 s 4107, part. (vi) 1886 p 61 s 4, part; 1883 p 73 s 9, part; Code 1881 s 2163, part; 1877 p 246 s 5, part; 1863 p 408 s 3, part; 1860 p 334 s 3, part; 1858 p 12 s 3, part; 1854 p 417 s 3, part; RRS 4129, part. (vii) 1897 c 71 s 44, part; 1893 p 124 s 46, part; Code 1881 s 2753, part; 1854 p 428 s 2, part; RRS s 4141, part. (viii) 1943 c 139 s 1, part; Code 1881 s 2766, part; 1863 p 557 s 1, part; 1854 p 434 s 1, part; Rem. Supp. 1943 s 4155, part. (ix) Code 1881 s 2775, part; 1863 p 559 s 1, part; 1854 p 436 s 1, part; RRS s 4176, part. (x) 1909 c 97 p 280 s 1, part; 1903 c 104 s 13, part; 1899 c 142 s 5, part; 1897 c 118 s 30, part; 1890 p 355 s 10, part; Code 1881 s 3170, part; RRS s 4767, part. (xi) 1890 p 35 s 5, part; RRS s 9934, part. (xii) 1925 ex.s. c 130 s 55, part; 1891 c 140 s 46, part; 1890 p 548 s 50, part; RRS s 11138, part.]
