USA Statutes : nevada
Title : Title 23 - PUBLIC OFFICERS AND EMPLOYEES
Chapter : CHAPTER 282 - OFFICIAL BONDS AND OATHS
1. Members of the Legislature and all officers, executive,
judicial and ministerial, shall, before entering upon the duties of their
respective offices, provide the official bond required by law, when such
bond shall be required, and take and subscribe to the official oath.
2. All officers elected, except Senators and members of the
Assembly, shall qualify, and execute and deliver their official bonds
when required, as provided in this section, prior to the Tuesday after
the first Monday in January ensuing their election.
3. All officers appointed to fill vacancies, in the cases provided
by law, shall qualify and give bond when required, within 30 days from
the time of their appointment.
4. The term of office of all officers, elected or appointed, shall
begin from the time of their qualification, unless some other express
provision is made by law.
[22:108:1866; B § 2620; BH § 1657; C § 1803; RL § 2786; NCL § 4786]
Members of the Legislature and
all officers, executive, judicial and ministerial, shall, before they
enter upon the duties of their respective offices, take and subscribe to
the following oath:
I, ........................., do solemnly swear (or affirm) that I
will support, protect and defend the Constitution and Government of the
United States, and the Constitution and government of the State of
Nevada, against all enemies, whether domestic or foreign, and that I will
bear true faith, allegiance and loyalty to the same, any ordinance,
resolution or law of any state notwithstanding, and that I will well and
faithfully perform all the duties of the office of ................, on
which I am about to enter; (if an oath) so help me God; (if an
affirmation) under the pains and penalties of perjury.
[1:185:1915; 1919 RL § 2891; NCL § 4925]
No fees shall be charged by any person for administering and
certifying the oath of office.
[37:49:1883; BH § 2378; C § 2502; RL § 2039; NCL § 2970]
OFFICIAL BONDS: GENERAL PROVISIONS
All official bonds required by law of officers
shall be:
1. In form joint and several.
2. Made payable to the State of Nevada.
3. In such penal sum and with such conditions as may be required
by law.
[1:135:1865; B § 2917; BH § 1738; C § 1892; RL § 2868; NCL § 4890]
1. Every official bond executed by any officer pursuant to law
shall be deemed and taken to be in force, and shall be obligatory upon
the principal and sureties thereon for any and all breaches of the
condition or conditions thereof committed during the time such officer
shall continue to discharge any of the duties of or hold such office.
2. Every such bond shall be deemed to be in force and obligatory
upon the principal and sureties thereon for the faithful discharge of all
duties which may be required of such officer by any law enacted
subsequently to the execution of such bond, and such condition shall be
expressed therein.
[2:135:1865; B § 2918; BH § 1739; C § 1893; RL § 2869; NCL § 4891]
1. Every official bond executed by any officer pursuant to law
shall be in force and obligatory upon the principal and sureties thereon,
to and for the State of Nevada, and to and for the use and benefit of all
persons who may be injured or aggrieved by the wrongful act or default of
such officer in his official capacity.
2. Any person so injured or aggrieved may bring suit on such bond,
in his or her own name, without an assignment thereof.
[3:135:1865; B § 2919; BH § 1740; C § 1894; RL § 2870; NCL § 4892]
Whenever any official
bond shall not contain the substantial matter, or condition or
conditions, required by law, or there shall be any defect in the approval
or filing thereof, such bond shall not be void so as to discharge such
officer and his sureties, but they shall be bound to the State or party
interested, and the State or such party may, by action instituted in any
court of competent jurisdiction, suggest the defect of such bond, or such
approval or filing, and recover his proper and equitable demand or
damages from such officer, and the person or persons who intended to
become and were included in such bond as sureties.
[4:135:1865; B § 2920; BH § 1741; C § 1895; RL § 2871; NCL § 4893]
The
official bonds of officers shall be approved and filed as follows:
1. The official bond of the State Treasurer shall be approved by
the Governor, and filed and recorded in the Office of the Secretary of
State.
2. The official bonds of all county and township officers shall be
approved by the board of county commissioners, and filed and recorded in
the office of the county clerk of their respective counties, except:
(a) That the bond of the county clerk shall be filed and recorded
in the office of the county recorder of the proper county; and
(b) That where the county clerk is ex officio county recorder his
bond shall be filed, recorded and deposited for safekeeping in the manner
provided in NRS 246.020 .
[5:135:1865; B § 2921; BH § 1742; C § 1896; RL § 2872; NCL § 4894]
+ [Part 1:66:1891; C § 2352; RL § 2887; NCL § 4914]—(NRS A 1965, 33;
1975, 340)
1. Whenever the sureties, or any one of them, on the official bond
of any county or township officer shall die, remove without the State,
become insolvent or insufficient, or the penalty of such bond shall
become insufficient on account of recoveries had thereon, or otherwise,
the board of county commissioners of the proper county, of its own
motion, or on the showing of any person supported by affidavit, shall
summon the officer to appear before the board, at a time stated, not less
than 3 days after service of such summons, and show cause why he should
not execute an additional official bond with good and sufficient sureties.
2. Should such officer, after due notice, fail to appear at the
time appointed, the matter may be heard and determined in his absence.
If, after examination, the board of county commissioners shall be of the
opinion that the bond of such officer has become insufficient, from any
cause whatever, the board shall require an additional bond, with such
security as may be deemed necessary.
3. The additional bond shall be executed and filed within such
time as the board of county commissioners may order, and if any officer
shall fail to execute and file such additional bond within the time
specified by the order his office shall become vacant.
[6:135:1865; B § 2922; BH § 1743; C § 1897; RL § 2873; NCL § 4895]
+ [7:135:1865; B § 2923; BH § 1744; C § 1898; RL § 2874; NCL § 4896]
Whenever the official bond of the State
Treasurer becomes insufficient from any cause, like proceedings as
provided in NRS 282.090 may be had with
reference thereto before the district court of the district in which such
officer holds his office. Proceedings shall be commenced by a written
motion supported by affidavit.
[8:135:1865; B § 2924; BH § 1745; C § 1899; RL § 2875; NCL §
4897]—(NRS A 1975, 340)
Every such
additional bond shall be of like force and obligation upon the principal
and sureties thereon, and shall subject the officer and his sureties to
the same liabilities as are prescribed respecting the original bonds of
officers.
[9:135:1865; B § 2925; BH § 1746; C § 1900; RL § 2876; NCL § 4898]
Unless otherwise
expressly provided, there shall be at least two sureties upon the
official bond of every officer.
[10:135:1865; B § 2926; BH § 1747; C § 1901; RL § 2877; NCL § 4899]
Subscriptions to official bonds shall be taken singly, and for a
liability not exceeding the amount subscribed.
[1:14:1883; BH § 1755; C § 1885; RL § 2885; NCL § 4912]
In all cases where official bonds are required from county or
township officers, the officer whose duty it is to approve such bonds
shall not accept or approve any bonds unless the sureties thereon
severally justify before a person authorized to administer oaths, as
follows:
1. On a bond given by a county officer, that he is a resident and
freeholder or householder within that county.
2. That he is worth the amount for which he becomes surety over
and above all his debts and liabilities in property situated within this
state which is not exempt from sale or execution.
[11:135:1865; A 1889, 34; C § 1902; RL § 2878; NCL § 4900]—(NRS A
1975, 340; 1985, 1217)
When the penal sum of
any bond amounts to more than $2,000, the sureties may become severally
liable for portions not less than $500 of such penal sum, making in the
aggregate at least two sureties for the whole penal sum.
[12:135:1865; B § 2928; BH § 1749; C § 1903; RL § 2879; NCL § 4901]
1. If the official bond of the State Treasurer or any county or
township officer becomes insufficient by reason of the insolvency of any
of the sureties thereon, or from any other cause, so that it does not
contain at least two good and sufficient sureties for the whole penal sum
named in the bond, and any liability occurs or becomes fixed by reason of
the defalcation, omission, neglect, misconduct or any act of the officer
who is the principal in the bond, then any surety or sureties, upon the
payment of his or their ratable proportion of the liability on such bond,
shall be released from all further liability thereon, so far as any loss
to the State or county wherein such officer held office is concerned.
2. Such ratable proportion shall be ascertained by considering
each of the sureties on the bond as solvent, liable and able to
contribute his or their proportions of the whole amount of liability
incurred on the bond.
3. The State Board of Examiners, in the case of the State
Treasurer, or the boards of county commissioners of the several counties,
in the case of county officers, shall in such cases, make settlement with
any or all such sureties who propose to pay and do pay their ratable
proportions of the liability accrued on the bond.
4. Any surety or sureties neglecting or refusing to pay such
ratable proportions, or defending an action for the recovery of any
liability on any official bond, is subject to such prosecution, judgments
and penalties as are provided for by law; but no judgment shall be
rendered against such surety or sureties for an amount above his or their
pro rata liability on such bond, and costs of suit.
[2:14:1883; A 1885, 81; BH § 1756; C § 1886; RL § 2886; NCL §
4913]—(NRS A 1975, 340)
BONDS OF COUNTY OFFICERS AND EMPLOYEES
A blanket fidelity bond or blanket
position bond may be furnished at county expense for all elected county
officers except the county treasurer. This blanket bond must be in an
amount not less than $10,000, and conditioned on the faithful performance
of the respective duties of the several officers covered. The board of
county commissioners may also authorize similar blanket bonds for such
other county officers or employees as it may designate.
(Added to NRS by 1979, 288)
BONDS OF CITY EMPLOYEES
Every
employee of an incorporated city who regularly handles public funds as
part of his official duties shall be required to furnish a corporate
surety bond from an insurance company licensed in the State of Nevada.
The form of the bond shall be determined by the State Board of Examiners,
and all bonds shall be subject to the approval of the Board.
(Added to NRS by 1963, 430)
SURETY COMPANIES AS SURETIES ON OFFICIAL BONDS
1. The State Treasurer and every district, county, township and
city officer within the State of Nevada, who is required by law to give
an official bond, may have a surety company, which has complied with all
the laws of this state relating to surety companies, execute such bond
for the faithful performance of the duties of his office.
2. The premium for any surety bond must be paid for by the State,
if the bond is required for the State Treasurer, or by the district,
county or city, as the bond may be required, or by the county if the bond
is required of a township officer, out of any money in their respective
treasuries not otherwise appropriated by law subject to the limitation
that no premium or charge on the bond of the State Treasurer may exceed
one-half of 1 percent per annum on the amount of the bond.
3. Whenever any of the officials mentioned in this section tenders
bonds of any surety company for approval to the Governor, to the district
judge, to the board of county commissioners of their respective counties,
or to any official board or person required by law to approve such bonds,
the board or person shall accept such bonds if they are found good and
sufficient.
[1:170:1925; NCL § 4902] + [2:170:1925; A 1933, 34; 1931 NCL §
4903] + [3:170:1925; NCL § 4904]—(NRS A 1975, 341; 1985, 1217)
RELEASE OF SURETIES ON OFFICIAL BONDS AND OTHER UNDERTAKINGS
Any surety on the official bond of the
State Treasurer or any county or city officer, or on the official bond of
any executor or administrator, or on the bond or undertaking of any
person, where, by law, a bond or undertaking is required, may be released
from all liability thereon accruing, from and after proper proceedings
had therefor, as provided in NRS 282.180 to 282.220 ,
inclusive.
[1:15:1867; B § 2929; BH § 1750; C § 1887; RL § 2880; NCL §
4907]—(NRS A 1975, 341)
1. Any surety desiring to be released from liability on the bond
of the State Treasurer shall file with the Governor or Secretary of State
a statement in writing duly subscribed by himself, or someone in his or
its behalf, setting forth:
(a) The name and office of the person for whom he is surety;
(b) The amount for which he is liable as surety; and
(c) His desire to be released from further liability on account
thereof.
Ê A notice containing the objects of such statement shall be served
personally on the State Treasurer unless he has left the State, in which
case the notice may be served by publication for 20 days in some
newspaper printed at Carson City, or if none is printed there, then in
such newspaper as shall be designated by the Governor or Secretary of
State.
2. Any surety desiring to be released from the official bond of
any county officer shall file and serve a similar statement. The
statement, except when it concerns the county clerk personally, shall be
filed with the clerk of the board of county commissioners, and when the
county clerk is personally concerned, the statement shall be filed with
the county auditor.
3. Any surety desiring to be released from liability on the bond
of a city officer shall file and serve a similar statement with the city
clerk or other proper officer.
4. Any surety desiring to be released from an executor’s or
administrator’s bond or undertaking shall file and serve a similar
statement with the clerk of the district court.
5. Any surety desiring to be released from any other official bond
or undertaking shall file and serve a similar statement with the proper
officer, person or authority.
6. All statements provided for in this section must be served as
provided in subsection 1, except:
(a) That the notice, if served by publication, may be published in
a newspaper in the same county, and if no newspaper is published therein,
then in an adjoining or other county, without any order from any court or
other authority.
(b) That in all cases for which publication is provided, a printed
or written notice, posted in at least 10 conspicuous places within the
county, for the time specified, shall be deemed legal notice thereof.
[2:15:1867; B § 2930; BH § 1751; C § 1888; RL § 2881; NCL §
4908]—(NRS A 1975, 342)
1. If any officer or person fails within 10 days from the date of
a personal service, or within 30 days from the date of the first
insertion of a publication or posted service, to file a new or additional
bond or undertaking, the office or appointment of the person or officer
so failing shall become vacant, and such officer or person shall forfeit
his office or appointment. The office or appointment shall be filled as
in other cases of vacancy, and in the manner provided by law, and the
person applying to be released from liability on the bond or undertaking
shall not be liable thereon after the date provided for the vacating and
forfeiting of such office or appointment.
2. If a number of sureties on any bond or undertaking,
representing half the amount of the penalty thereof, unite in the same,
or file and serve separate statements as provided in NRS 282.180 to 282.220 ,
inclusive, the right of such officer or person to exercise the duties and
functions of his office or appointment immediately ceases until he files
and has accepted and approved a new or additional bond or undertaking.
3. Whenever, by operation of NRS 282.180 to 282.220 ,
inclusive, the functions of any sheriff become suspended, the county
clerk shall succeed to all the powers and discharge all the duties of the
sheriff of his county, during such suspension of the functions of the
sheriff.
[3:15:1867; B § 2931; BH § 1752; C § 1889; RL § 2882; NCL §
4909]—(NRS A 1959, 25)
In case a new or additional bond or undertaking is
filed, the sureties on the original bond or undertaking, not asking to be
released, and on the new or additional bond or undertaking shall be and
continue liable for the official acts of such officer or person jointly
and severally, the same as if all were sureties on one and the same
instrument.
[4:15:1867; B § 2932; BH § 1753; C § 1890; RL § 2883; NCL § 4910]
Whenever a statement is filed, or filed and
served, as provided in NRS 282.180 to
282.220 , inclusive, the proper
authority shall prescribe the penalty or amount in which a new or
additional bond or undertaking shall be filed, and if no such order be
made, then such new or additional bond or undertaking shall be executed
for the same amount as the original.
[5:15:1867; B § 2933; BH § 1754; C § 1891; RL § 2884; NCL § 4911]
MISCELLANEOUS PROVISIONS
The faith of the State is pledged to the provisions
of all surety bonds which have been issued or undertaken under the
provisions of chapter 193, Statutes of Nevada 1937, as amended, which
established the bond trust fund, and the State consents to suit against
it on such bonds. In cases of loss to a county, township, incorporated
city or irrigation district, under circumstances upon which its surety
bonds are conditioned, the State is charged with the responsibility of
making restitution to any funds suffering loss up to the full amount
specified in the surety bond.
[6:193:1937; 1931 NCL § 4915.26]—(NRS A 1959, 836; 1975, 342)
The Secretary of State shall ensure that state officers comply
with the provisions of this chapter.
(Added to NRS by 1993, 1550)
The State Treasurer is
hereby authorized to pay from the Reserve for Statutory Contingency
Account on warrants issued by the State Controller, a total sum not to
exceed $2,500 in any 1 year in payment of approved claims for costs of
investigations incurred by the State Board of Examiners in carrying out
the provisions of subsection 5 of NRS 282.330 .
(Added to NRS by 1957, 632; A 1975, 342; 1991, 1759)
1. Losses to counties which occur from defalcation,
misappropriation or negligent loss of public money or from failure
faithfully to perform the duties of his office on the part of a county or
township officer or employee must be reported by the district attorney of
that county to the State Board of Examiners.
2. Losses to cities which occur from defalcation, misappropriation
or negligent loss of public money or from failure faithfully to perform
the duties of his office on the part of a city officer or employee must
be reported by the city attorney of that city to the State Board of
Examiners.
3. In the case of the State, any losses must be reported to the
State Board of Examiners by the Attorney General.
4. In the case of an irrigation district, any losses must be
reported to the State Board of Examiners by the board of directors of the
irrigation district.
5. In each case the State Board of Examiners shall make, or cause
to be made, a full investigation. If, from the investigation, the State
Board of Examiners determines that the loss comes under the conditions of
a surety bond issued pursuant to the provisions of chapter 193, Statutes
of Nevada 1937, as amended, which established the bond trust fund, the
State Board of Examiners shall order that restitution be made in the
following manner:
(a) If there is a sufficient amount in the Reserve for Statutory
Contingency Account to cover the loss, the State Controller shall draw a
warrant on the Reserve for Statutory Contingency Account for the full
amount of the loss as covered by the surety bond, in the manner in which
claims against the State are usually paid, and the State Treasurer shall
pay the warrant.
(b) If there is insufficient money in the Reserve for Statutory
Contingency Account to cover the loss, the State Controller shall draw a
warrant for the full amount in the Reserve for Statutory Contingency
Account for the purpose of making restitution in part, and he shall
report the condition of the account to the Governor. The Governor shall
take the necessary steps to have the balance due included in the budget,
and report to the next succeeding Legislature. When the balance is thus
secured, the restitution is completed.
[7:193:1937; 1931 NCL § 4915.27]—(NRS A 1957, 633; 1959, 836; 1963,
546; 1973, 556; 1975, 343; 1991, 1759)
1. If any public officer or employee defaults, misappropriates or
otherwise is responsible for loss of funds committed to his care, he is
civilly liable for the amount thereof in an action to be prosecuted by:
(a) The district attorney in cases of county and township officers
and employees.
(b) The city attorney in cases of city officers and employees.
(c) The Attorney General in cases of state officers and irrigation
district officers and employees.
2. The State, county, city or irrigation district, as the case may
be, has a lien on all real or personal property, not exempt from
execution, of any such officer or employee against whom such an action is
brought for default, misappropriation, or other violation of the
conditions of his surety bond given under the provisions of chapter 193,
Statutes of Nevada 1937, as amended, and such lien becomes effective upon
the execution of such surety bonds by state, county, township, city and
irrigation district officers and employees, and takes precedence over any
other unrecorded lien or encumbrance.
3. Upon judgment being entered in favor of the State, county,
incorporated city or irrigation district, all property owned, either
legally or equitably, by the State, county, township, city or irrigation
district officer or employee violating any condition of such bond, not
exempt from execution, or so much thereof as may be necessary to cover
the amount of the judgment entered, may be sold, as in cases of
execution, and the proceeds applied to payment of the judgment rendered
to cover the shortage. If there is an insufficiency of such property, or
the judgment or any part of it remains unsatisfied, then a deficiency
judgment may be entered by the court.
[10:193:1937; 1931 NCL § 4915.30]—(NRS A 1973, 557; 1975, 343)
The State Board of Examiners may revoke the surety bond of any
public officer or employee:
1. If, after due investigation, notice and hearing, he is found to
be addicted to gambling, excessive drinking of intoxicants or to the use
of narcotics.
2. Upon his conviction of a gross misdemeanor or any more serious
crime.
3. When he is legally determined to be insane.
4. For any other cause deemed reasonable by the Board.
[11:193:1937; 1931 NCL § 4915.31]—(NRS A 1957, 634; 1973, 558;
1975, 344)
