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| Home > Statutes > Usa Missouri |
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USA Statutes : missouri
Title : PUBLIC OFFICERS AND EMPLOYEES, BONDS AND RECORDS
Chapter : Chapter 107 Bonds of Officers and Contractors for Public Works
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The sureties of all clerks, sheriffs, constables, collectors and
other county officers shall be residents of the county in which the bonds
to which they become parties, by reason of being sureties for any of the
said officers, shall be executed. (RSMo 1939 § 3233)
Prior revisions: 1929 § 2846; 1919 § 997; 1909 § 1204
No sheriff, collector, constable, county treasurer, attorney at
law, clerk of any court of record, judge or justice of any court of
record shall be taken as surety in any official bond that may be given by
an officer in this state. (RSMo 1939 § 3234)
Prior revisions: 1929 § 2847; 1919 § 998; 1909 § 1205
When it shall come to the knowledge of any court whose duty it
is to approve the official bonds of any of the officers named in section
107.010, that a surety of any of the said officers has become a
nonresident of the county in which his official bond was executed and
required to be filed, or has died, become insolvent or otherwise
insufficient, said court shall make an order requiring the officer for
whom any such surety executed the bond, on a day therein named, to appear
and show cause why he should not give additional security. (RSMo 1939 §
3235)
Prior revisions: 1929 § 2848; 1919 § 999; 1909 § 1206
If, upon investigation of the matter, it shall appear that any
surety has become a nonresident of the county in which the bond is filed,
has died, become insolvent, or in any otherwise insufficient, the court
shall require the officer for whom such surety executed the bond to give
additional security by a day named; and, in default thereof, the said
office shall be forfeited, and the same shall become vacant, and the
facts shall be certified to the court or officer whose duty it is to fill
such vacancy. (RSMo 1939 § 3236)
Prior revisions: 1929 § 2849; 1919 § 1000; 1909 § 1207
When the additional bond is given and approved, the former
sureties shall thereby be discharged from any misconduct of the principal
after the approval of said bond. (RSMo 1939 § 3237)
Prior revisions: 1929 § 2850; 1919 § 1001; 1909 § 1208
In all counties of class one, as provided by law, the officers
thereof shall be required to furnish a bond as required by law, the cost
thereof to be paid by the county. (RSMo 1939 § 13535, A.L. 1945 p. 1576 §
2)
Whenever any officer of this state or of any department, board,
bureau or commission of this state, or any deputy, appointee, agent or
employee of any such officer; or any officer of any county of this state,
or any deputy, appointee, agent or employee of any such officer, or any
officer of any incorporated city, town, or village in this state, or any
deputy, appointee, agent or employee of any such officer; or any officer
of any department, bureau or commission of any county, city, town or
village, or any deputy, appointee, agent or employee of any such officer;
or any officer of any district, or other subdivision of any county, or
any incorporated city, town or village, of this state, or any deputy,
appointee, agent or employee of any such officer, shall be required by
law of this state, or by charter, ordinance or resolution, or by any
order of any court in this state, to enter into any official bond, or
other bond, he may elect, with the consent and approval of the governing
body of such state, department, board, bureau, commission, official,
county, city, town, village, or other political subdivision, to enter
into a surety bond, or bonds, with a surety company or surety companies,
authorized to do business in the state of Missouri and the cost of every
such surety bond shall be paid by the public body protected thereby.
(RSMo 1939 § 3238)
Any company having a paid-up capital of not less than two
hundred thousand dollars, organized and incorporated under the laws of
this or any state of the United States, or any foreign government, for
the purpose of transacting the business of becoming surety on the bonds
or obligations of persons or corporations, or of insuring the fidelity of
persons holding places of public or private trust, and which has complied
with all the requirements of the law regulating the admission of such
companies to transact business in this state, may, on production of
evidence of solvency satisfactory to the court, judge, clerk, head of
department or other officer, person or persons authorized to approve the
same, become and be accepted as surety on the bond, recognizance or other
writing obligatory of any person or corporation in or concerning any
matter in which the giving of a bond or other obligation is authorized,
required or permitted by the laws of the state, and if such surety
company shall furnish satisfactory evidence of its ability to provide all
the security required by law, no additional surety may be exacted, but
other surety may, in the discretion of the official authorized to approve
such bond or obligation, be required; and such surety company may be
released from its liability, on the same terms and conditions as are by
law prescribed for the release of individuals, it being the true intent
and meaning of sections 107.070 to 107.090 to enable corporations created
for that purpose to become surety on any bond, recognizance or other
writing in the nature of a bond, in the same manner that natural persons
may, subject to all the rights and liabilities of such persons. (RSMo
1939 § 3239)
Prior revisions: 1929 § 2851; 1919 § 1002; 1909 § 1209
No company not incorporated under the laws of this state shall
engage in the business contemplated by section 107.080 until it shall
have first complied with all the provisions of the law relating to
insurance companies other than life. (RSMo 1939 § 3240)
Prior revisions: 1929 § 2852; 1919 § 1003; 1909 § 1210
Every company which shall execute any bond or other obligation,
as surety for another, under the provisions of sections 107.080 and
107.090 shall be estopped to deny its corporate power to execute such
instrument, or assume such liability. (RSMo 1939 § 3241)
Prior revisions: 1929 § 2853; 1919 § 1004; 1909 § 1211
No official bond in a penal sum of twenty-five thousand dollars
or more shall be approved until after the sureties therein shall
subscribe and swear to a statement, to be duly attested and endorsed on
or attached to the bond, setting forth in full the name, place of
residence and occupation of each surety, the kind and location of his
property, and that he is worth a certain sum, therein to be stated, over
and above all liabilities and exemptions, and such other particulars as
may be required by the officer or court whose approval of such bond is
sought or required. (RSMo 1939 § 3257)
Prior revisions: 1929 § 2869; 1919 § 1019; 1909 § 1226
Testimony in addition to that of such sureties may be required
by the officer or court passing upon the sufficiency of such bonds; and
when required it shall in every case be endorsed on or attached to the
bond, subscribed by the witness or witnesses giving it, and duly
attested. (RSMo 1939 § 3258)
Prior revisions: 1929 § 2870; 1919 § 1020; 1909 § 1227
Whenever any such bond shall be approved, a certificate of the
approval, signed by the proper officer and correctly dated, and showing a
compliance with the requirements of sections 107.110 to 107.160, shall be
endorsed thereon. (RSMo 1939 § 3259)
Prior revisions: 1929 § 2871; 1919 § 1021; 1909 § 1228
As soon as practicable after the taking effect of this law, and
at least once in each year thereafter, the officers and courts required
by law to examine and approve any such bonds shall examine as to their
sufficiency and as to the solvency of the sureties therein, and shall
briefly note thereon, or on the record thereof, the result of such
examination; and if any such bond be for any reason deemed insufficient,
the principal therein shall be required by a notice in writing to furnish
a new and sufficient bond within thirty days; and if such bond be not so
furnished and approved, the office shall at the expiration of said thirty
days become vacant, and the vacancy shall be filled as provided by law.
(RSMo 1939 § 3260)
Prior revisions: 1929 § 2872; 1919 § 1022; 1909 § 1229
It shall be the duty of the governor, whenever, in his judgment,
the interest of the state would be promoted thereby, to direct the
attorney general, in the name of the state, to bring and prosecute any
suit or suits upon any official bond or bonds executed to the state, as
to him may seem proper; and to that end the governor is hereby authorized
to inspect the books, minutes, papers and vouchers, or direct the same to
be done by the attorney general, in any of the state offices of this
state; and he may require any such officer to certify to him copies of
any such books, papers, minutes and vouchers as he may deem necessary to
a complete understanding of the affairs and management of such office. It
shall be the duty of the attorney general, whenever so directed by the
governor, to bring and prosecute in behalf of the state any and all such
suits. (RSMo 1939 § 3261)
Prior revisions: 1929 § 2873; 1919 § 1023; 1909 § 1230
CROSS REFERENCE: Official bonds, general provisions governing suits
thereon, RSMo 522.010 to 522.140
1. As used in this section, the following terms mean:
(1) "Contractor", a person or business entity who provides construction
services under contract to a public entity. Contractor specifically does
not include professional engineers, architects or land surveyors licensed
pursuant to chapter 327, RSMo, those who provide environmental assessment
services or those who design, create or otherwise provide works of art
under a city's formally established program for the acquisition and
installation of works of art and other aesthetic adornments to public
buildings and property;
(2) "Public entity", any official, board, commission or agency of this
state or any county, city, town, township, school, road district or other
political subdivision of this state;
(3) "Public works", the erection, construction, alteration, repair or
improvement of any building, road, street, public utility or other public
facility owned by the public entity.
2. It is hereby made the duty of all public entities in this state, in
making contracts for public works, the cost of which is estimated to
exceed twenty-five thousand dollars, to be performed for the public
entity, to require every contractor for such work to furnish to the
public entity, a bond with good and sufficient sureties, in an amount
fixed by the public entity, and such bond, among other conditions, shall
be conditioned for the payment of any and all materials, incorporated,
consumed or used in connection with the construction of such work, and
all insurance premiums, both for compensation, and for all other kinds of
insurance, said work, and for all labor performed in such work whether by
subcontractor or otherwise.
3. All bonds executed and furnished under the provisions of this section
shall be deemed to contain the requirements and conditions as herein set
out, regardless of whether the same be set forth in said bond, or of any
terms or provisions of said bond to the contrary notwithstanding.
4. Nothing in this section shall be construed to require a member of the
school board of any public school district of this state to independently
confirm the existence or solvency of any bonding company if a contractor
represents to the member that the bonding company is solvent and that the
representations made in the purported bond are true and correct. This
subsection shall not relieve from any liability any school board member
who has any actual knowledge of the insolvency of any bonding company, or
any school board member who does not act in good faith in complying with
the provisions of subsection 2 of this section.
5. A public entity may defend, save harmless and indemnify any of its
officers and employees, whether elective or appointive, against any claim
or demand, whether groundless or otherwise arising out of an alleged act
or omission occurring in the performance of a duty under this section.
The provisions of this subsection do not apply in case of malfeasance in
office or willful or wanton neglect of duty. (RSMo 1939 § 3277, A.L. 1959
S.B. 294, A.L. 1993 S.B. 278, A.L. 1994 H.B. 1063, A.L. 1995 H.B. 622,
A.L. 1997 S.B. 437)
Prior revisions: 1929 § 2890; 1919 § 1040; 1909 § 1247
CROSS REFERENCES: Actions on such bonds, how brought, RSMo 522.300
Prevailing rate of wages to be paid employees on construction of public
works, RSMo 290.210 to 290.340
(1993) If county commission fails to obtain payment bond from contractor
on public works project as required by statute, such failure exposes
county commissioners to liability for payment of mechanics' lien filed by
materialman when materialman furnished materials for project in good
faith. National Oil and Supply, Inc. v. Vaughts, Inc., 856 S.W.2d 912
(Mo. App. S.D.).
(2000) Railroad relocation project was "public works project" within
meaning of section. Union Pacific Railroad Co. v. St. Louis Marketplace,
212 F.3d 386 (8th Cir.).
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