2005 Nevada Revised Statutes - Chapter 282 — Official Bonds and Oaths

CHAPTER 282 - OFFICIAL BONDS AND OATHS

OFFICIAL OATH

NRS 282.010 Oathsand official bonds of officers; when term of office begins.

NRS 282.020 Formof official oath.

NRS 282.030 Nofee to be charged for administering and certifying oath.

OFFICIAL BONDS: GENERAL PROVISIONS

NRS 282.040 Form.

NRS 282.050 Bondin force during term of office; effect of subsequent law; conditions.

NRS 282.060 Bondfor benefit of injured or aggrieved person; action on bond without assignment.

NRS 282.070 Defectsin bond immaterial.

NRS 282.080 Approval,filing and recording of official bonds.

NRS 282.090 Additionalbond of county or township officer: Showing of insufficiency; execution andfiling; office vacated for failure to execute and file bond.

NRS 282.100 Insufficiencyof State Treasurers bond: Procedure for procurement of additional bond.

NRS 282.110 Additionalbond: Force and liabilities.

NRS 282.120 Numberof sureties on official bond.

NRS 282.130 Subscriptionto official bond: Manner; liability.

NRS 282.140 Justificationof surety on bond of county or township officer.

NRS 282.150 Liabilityof sureties when penal sum exceeds $2,000: Several liability for portions notless than $500.

NRS 282.160 Liabilityof sureties for ratable proportion; release of surety on payment of pro rataliability; limitation on amount of judgment.

BONDS OF COUNTY OFFICERS AND EMPLOYEES

NRS 282.163 Blanketbonds.

BONDS OF CITY EMPLOYEES

NRS 282.165 Cityemployee regularly handling public money required to furnish corporate suretybond; form and approval of bond.

SURETY COMPANIES AS SURETIES ON OFFICIAL BONDS

NRS 282.170 Companieswhich may execute bond; payment of premiums; acceptance of bond.

RELEASE OF SURETIES ON OFFICIAL BONDS AND OTHER UNDERTAKINGS

NRS 282.180 Procedure.

NRS 282.190 Suretysstatement desiring release from liability: Filing and service of notice;publication.

NRS 282.200 Forfeitureof office or appointment upon failure to file new or additional bond;suspension of functions of office.

NRS 282.210 Liabilityof sureties on original and new or additional bond.

NRS 282.220 Amountor penalty of new or additional bond or undertaking: How determined.

MISCELLANEOUS PROVISIONS

NRS 282.290 Faithof State pledged; consent of State to suit on bond; restitution.

NRS 282.305 Secretaryof State to ensure compliance by state officers.

NRS 282.315 Costsof investigations paid from Reserve for Statutory Contingency Account;limitations.

NRS 282.330 Certainofficers to report losses to State Board of Examiners; investigations;procedure for restitution.

NRS 282.340 Civilliability on bond of officer or employee: Action for recovery of loss; lien;judgment; execution.

NRS 282.350 Revocationof bond by State Board of Examiners: Grounds.

_________

OFFICIAL OATH

NRS 282.010 Oathsand official bonds of officers; when term of office begins.

1. Members of the Legislature and all officers,executive, judicial and ministerial, shall, before entering upon the duties oftheir respective offices, provide the official bond required by law, when suchbond shall be required, and take and subscribe to the official oath.

2. All officers elected, except Senators and membersof the Assembly, shall qualify, and execute and deliver their official bondswhen required, as provided in this section, prior to the Tuesday after thefirst Monday in January ensuing their election.

3. All officers appointed to fill vacancies, in thecases provided by law, shall qualify and give bond when required, within 30days from the time of their appointment.

4. The term of office of all officers, elected orappointed, shall begin from the time of their qualification, unless some otherexpress provision is made by law.

[22:108:1866; B 2620; BH 1657; C 1803; RL 2786; NCL 4786]

NRS 282.020 Formof official oath. Members of the Legislatureand all officers, executive, judicial and ministerial, shall, before they enterupon the duties of their respective offices, take and subscribe to thefollowing oath:

 

I, .........................,do solemnly swear (or affirm) that I will support, protect and defend theConstitution and Government of the United States, and the Constitution andgovernment of the State of Nevada, against all enemies, whether domestic orforeign, 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 willwell 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]

NRS 282.030 Nofee to be charged for administering and certifying oath. No fees shall be charged by any person for administeringand certifying the oath of office.

[37:49:1883; BH 2378; C 2502; RL 2039; NCL 2970]

OFFICIAL BONDS: GENERAL PROVISIONS

NRS 282.040 Form. 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 maybe required by law.

[1:135:1865; B 2917; BH 1738; C 1892; RL 2868; NCL 4890]

NRS 282.050 Bondin force during term of office; effect of subsequent law; conditions.

1. Every official bond executed by any officerpursuant to law shall be deemed and taken to be in force, and shall be obligatoryupon the principal and sureties thereon for any and all breaches of thecondition or conditions thereof committed during the time such officer shallcontinue to discharge any of the duties of or hold such office.

2. Every such bond shall be deemed to be in force andobligatory upon the principal and sureties thereon for the faithful dischargeof all duties which may be required of such officer by any law enactedsubsequently to the execution of such bond, and such condition shall beexpressed therein.

[2:135:1865; B 2918; BH 1739; C 1893; RL 2869; NCL 4891]

NRS 282.060 Bondfor benefit of injured or aggrieved person; action on bond without assignment.

1. Every official bond executed by any officerpursuant to law shall be in force and obligatory upon the principal andsureties thereon, to and for the State of Nevada, and to and for the use andbenefit of all persons who may be injured or aggrieved by the wrongful act ordefault of such officer in his official capacity.

2. Any person so injured or aggrieved may bring suiton 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]

NRS 282.070 Defectsin bond immaterial. Whenever any official bondshall not contain the substantial matter, or condition or conditions, requiredby law, or there shall be any defect in the approval or filing thereof, suchbond shall not be void so as to discharge such officer and his sureties, butthey shall be bound to the State or party interested, and the State or suchparty may, by action instituted in any court of competent jurisdiction, suggestthe defect of such bond, or such approval or filing, and recover his proper andequitable demand or damages from such officer, and the person or persons whointended to become and were included in such bond as sureties.

[4:135:1865; B 2920; BH 1741; C 1895; RL 2871; NCL 4893]

NRS 282.080 Approval,filing and recording of official bonds. Theofficial bonds of officers shall be approved and filed as follows:

1. The official bond of the State Treasurer shall beapproved by the Governor, and filed and recorded in the Office of the Secretaryof State.

2. The official bonds of all county and townshipofficers shall be approved by the board of county commissioners, and filed andrecorded in the office of the county clerk of their respective counties,except:

(a) That the bond of the county clerk shall be filedand recorded in the office of the county recorder of the proper county; and

(b) That where the county clerk is ex officio countyrecorder his bond shall be filed, recorded and deposited for safekeeping in themanner 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 A1965, 33; 1975, 340)

NRS 282.090 Additionalbond of county or township officer: Showing of insufficiency; execution andfiling; office vacated for failure to execute and file bond.

1. Whenever the sureties, or any one of them, on theofficial bond of any county or township officer shall die, remove without theState, become insolvent or insufficient, or the penalty of such bond shallbecome insufficient on account of recoveries had thereon, or otherwise, theboard of county commissioners of the proper county, of its own motion, or onthe showing of any person supported by affidavit, shall summon the officer toappear before the board, at a time stated, not less than 3 days after serviceof such summons, and show cause why he should not execute an additionalofficial bond with good and sufficient sureties.

2. Should such officer, after due notice, fail toappear at the time appointed, the matter may be heard and determined in hisabsence. If, after examination, the board of county commissioners shall be ofthe opinion that the bond of such officer has become insufficient, from anycause whatever, the board shall require an additional bond, with such securityas may be deemed necessary.

3. The additional bond shall be executed and filedwithin such time as the board of county commissioners may order, and if anyofficer shall fail to execute and file such additional bond within the timespecified 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]

NRS 282.100 Insufficiencyof State Treasurers bond: Procedure for procurement of additional bond. Whenever the official bond of the State Treasurer becomesinsufficient from any cause, like proceedings as provided in NRS 282.090 may be had with referencethereto before the district court of the district in which such officer holdshis office. Proceedings shall be commenced by a written motion supported byaffidavit.

[8:135:1865; B 2924; BH 1745; C 1899; RL 2875; NCL 4897](NRS A 1975, 340)

NRS 282.110 Additionalbond: Force and liabilities. Every suchadditional bond shall be of like force and obligation upon the principal andsureties thereon, and shall subject the officer and his sureties to the sameliabilities as are prescribed respecting the original bonds of officers.

[9:135:1865; B 2925; BH 1746; C 1900; RL 2876; NCL 4898]

NRS 282.120 Numberof sureties on official bond. Unless otherwiseexpressly provided, there shall be at least two sureties upon the official bondof every officer.

[10:135:1865; B 2926; BH 1747; C 1901; RL 2877; NCL 4899]

NRS 282.130 Subscriptionto official bond: Manner; liability. Subscriptionsto official bonds shall be taken singly, and for a liability not exceeding theamount subscribed.

[1:14:1883; BH 1755; C 1885; RL 2885; NCL 4912]

NRS 282.140 Justificationof surety on bond of county or township officer. Inall 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 approveany bonds unless the sureties thereon severally justify before a personauthorized to administer oaths, as follows:

1. On a bond given by a county officer, that he is aresident and freeholder or householder within that county.

2. That he is worth the amount for which he becomessurety over and above all his debts and liabilities in property situated withinthis 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)

NRS 282.150 Liabilityof sureties when penal sum exceeds $2,000: Several liability for portions notless than $500. When the penal sum of any bondamounts to more than $2,000, the sureties may become severally liable forportions not less than $500 of such penal sum, making in the aggregate at leasttwo sureties for the whole penal sum.

[12:135:1865; B 2928; BH 1749; C 1903; RL 2879; NCL 4901]

NRS 282.160 Liabilityof sureties for ratable proportion; release of surety on payment of pro rataliability; limitation on amount of judgment.

1. If the official bond of the State Treasurer or anycounty or township officer becomes insufficient by reason of the insolvency ofany of the sureties thereon, or from any other cause, so that it does notcontain at least two good and sufficient sureties for the whole penal sum namedin the bond, and any liability occurs or becomes fixed by reason of thedefalcation, omission, neglect, misconduct or any act of the officer who is theprincipal in the bond, then any surety or sureties, upon the payment of his ortheir ratable proportion of the liability on such bond, shall be released fromall further liability thereon, so far as any loss to the State or countywherein such officer held office is concerned.

2. Such ratable proportion shall be ascertained byconsidering each of the sureties on the bond as solvent, liable and able tocontribute his or their proportions of the whole amount of liability incurredon the bond.

3. The State Board of Examiners, in the case of theState Treasurer, or the boards of county commissioners of the several counties,in the case of county officers, shall in such cases, make settlement with anyor all such sureties who propose to pay and do pay their ratable proportions ofthe liability accrued on the bond.

4. Any surety or sureties neglecting or refusing topay such ratable proportions, or defending an action for the recovery of anyliability on any official bond, is subject to such prosecution, judgments andpenalties as are provided for by law; but no judgment shall be rendered againstsuch surety or sureties for an amount above his or their pro rata liability onsuch 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

NRS 282.163 Blanketbonds. A blanket fidelity bond or blanketposition bond may be furnished at county expense for all elected countyofficers except the county treasurer. This blanket bond must be in an amountnot less than $10,000, and conditioned on the faithful performance of therespective duties of the several officers covered. The board of countycommissioners may also authorize similar blanket bonds for such other countyofficers or employees as it may designate.

(Added to NRS by 1979, 288)

BONDS OF CITY EMPLOYEES

NRS 282.165 Cityemployee regularly handling public money required to furnish corporate suretybond; form and approval of bond. Everyemployee of an incorporated city who regularly handles public funds as part ofhis official duties shall be required to furnish a corporate surety bond froman insurance company licensed in the State of Nevada. The form of the bondshall be determined by the State Board of Examiners, and all bonds shall besubject to the approval of the Board.

(Added to NRS by 1963, 430)

SURETY COMPANIES AS SURETIES ON OFFICIAL BONDS

NRS 282.170 Companieswhich may execute bond; payment of premiums; acceptance of bond.

1. The State Treasurer and every district, county,township and city officer within the State of Nevada, who is required by law togive an official bond, may have a surety company, which has complied with allthe laws of this state relating to surety companies, execute such bond for thefaithful performance of the duties of his office.

2. The premium for any surety bond must be paid for bythe 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 isrequired of a township officer, out of any money in their respective treasuriesnot otherwise appropriated by law subject to the limitation that no premium orcharge on the bond of the State Treasurer may exceed one-half of 1 percent perannum on the amount of the bond.

3. Whenever any of the officials mentioned in thissection tenders bonds of any surety company for approval to the Governor, tothe district judge, to the board of county commissioners of their respectivecounties, or to any official board or person required by law to approve suchbonds, the board or person shall accept such bonds if they are found good andsufficient.

[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 OTHERUNDERTAKINGS

NRS 282.180 Procedure. Any surety on the official bond of the State Treasurer orany 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 orundertaking 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)

NRS 282.190 Suretysstatement desiring release from liability: Filing and service of notice;publication.

1. Any surety desiring to be released from liabilityon the bond of the State Treasurer shall file with the Governor or Secretary ofState a statement in writing duly subscribed by himself, or someone in his orits behalf, setting forth:

(a) The name and office of the person for whom he issurety;

(b) The amount for which he is liable as surety; and

(c) His desire to be released from further liability onaccount thereof.

A noticecontaining the objects of such statement shall be served personally on theState Treasurer unless he has left the State, in which case the notice may beserved by publication for 20 days in some newspaper printed at Carson City, orif none is printed there, then in such newspaper as shall be designated by theGovernor or Secretary of State.

2. Any surety desiring to be released from theofficial bond of any county officer shall file and serve a similar statement.The statement, except when it concerns the county clerk personally, shall befiled with the clerk of the board of county commissioners, and when the countyclerk is personally concerned, the statement shall be filed with the countyauditor.

3. Any surety desiring to be released from liabilityon the bond of a city officer shall file and serve a similar statement with thecity clerk or other proper officer.

4. Any surety desiring to be released from anexecutors or administrators bond or undertaking shall file and serve asimilar statement with the clerk of the district court.

5. Any surety desiring to be released from any otherofficial bond or undertaking shall file and serve a similar statement with theproper officer, person or authority.

6. All statements provided for in this section must beserved as provided in subsection 1, except:

(a) That the notice, if served by publication, may bepublished in a newspaper in the same county, and if no newspaper is publishedtherein, then in an adjoining or other county, without any order from any courtor other authority.

(b) That in all cases for which publication isprovided, a printed or written notice, posted in at least 10 conspicuous placeswithin the county, for the time specified, shall be deemed legal noticethereof.

[2:15:1867; B 2930; BH 1751; C 1888; RL 2881;NCL 4908](NRS A 1975, 342)

NRS 282.200 Forfeitureof office or appointment upon failure to file new or additional bond;suspension of functions of office.

1. If any officer or person fails within 10 days fromthe date of a personal service, or within 30 days from the date of the firstinsertion of a publication or posted service, to file a new or additional bondor undertaking, the office or appointment of the person or officer so failingshall become vacant, and such officer or person shall forfeit his office orappointment. The office or appointment shall be filled as in other cases ofvacancy, and in the manner provided by law, and the person applying to bereleased from liability on the bond or undertaking shall not be liable thereonafter the date provided for the vacating and forfeiting of such office orappointment.

2. If a number of sureties on any bond or undertaking,representing half the amount of the penalty thereof, unite in the same, or fileand serve separate statements as provided in NRS282.180 to 282.220, inclusive, theright of such officer or person to exercise the duties and functions of hisoffice or appointment immediately ceases until he files and has accepted andapproved a new or additional bond or undertaking.

3. Whenever, by operation of NRS 282.180 to 282.220, inclusive, the functions of anysheriff become suspended, the county clerk shall succeed to all the powers anddischarge all the duties of the sheriff of his county, during such suspensionof the functions of the sheriff.

[3:15:1867; B 2931; BH 1752; C 1889; RL 2882;NCL 4909](NRS A 1959, 25)

NRS 282.210 Liabilityof sureties on original and new or additional bond. Incase a new or additional bond or undertaking is filed, the sureties on theoriginal bond or undertaking, not asking to be released, and on the new oradditional bond or undertaking shall be and continue liable for the officialacts of such officer or person jointly and severally, the same as if all weresureties on one and the same instrument.

[4:15:1867; B 2932; BH 1753; C 1890; RL 2883;NCL 4910]

NRS 282.220 Amountor penalty of new or additional bond or undertaking: How determined. Whenever a statement is filed, or filed and served, as providedin NRS 282.180 to 282.220, inclusive, the proper authorityshall prescribe the penalty or amount in which a new or additional bond orundertaking shall be filed, and if no such order be made, then such new oradditional bond or undertaking shall be executed for the same amount as theoriginal.

[5:15:1867; B 2933; BH 1754; C 1891; RL 2884;NCL 4911]

MISCELLANEOUS PROVISIONS

NRS 282.290 Faithof State pledged; consent of State to suit on bond; restitution. The faith of the State is pledged to the provisions of allsurety bonds which have been issued or undertaken under the provisions ofchapter 193, Statutes of Nevada 1937, as amended, which established the bondtrust fund, and the State consents to suit against it on such bonds. In casesof loss to a county, township, incorporated city or irrigation district, undercircumstances upon which its surety bonds are conditioned, the State is chargedwith the responsibility of making restitution to any funds suffering loss up tothe full amount specified in the surety bond.

[6:193:1937; 1931 NCL 4915.26](NRS A 1959, 836; 1975,342)

NRS 282.305 Secretaryof State to ensure compliance by state officers. TheSecretary of State shall ensure that state officers comply with the provisionsof this chapter.

(Added to NRS by 1993, 1550)

NRS 282.315 Costsof investigations paid from Reserve for Statutory Contingency Account;limitations. The State Treasurer is herebyauthorized to pay from the Reserve for Statutory Contingency Account onwarrants issued by the State Controller, a total sum not to exceed $2,500 inany 1 year in payment of approved claims for costs of investigations incurredby the State Board of Examiners in carrying out the provisions of subsection 5of NRS 282.330.

(Added to NRS by 1957, 632; A 1975, 342; 1991, 1759)

NRS 282.330 Certainofficers to report losses to State Board of Examiners; investigations;procedure for restitution.

1. Losses to counties which occur from defalcation,misappropriation or negligent loss of public money or from failure faithfullyto perform the duties of his office on the part of a county or township officeror employee must be reported by the district attorney of that county to theState Board of Examiners.

2. Losses to cities which occur from defalcation, misappropriationor negligent loss of public money or from failure faithfully to perform theduties of his office on the part of a city officer or employee must be reportedby the city attorney of that city to the State Board of Examiners.

3. In the case of the State, any losses must bereported to the State Board of Examiners by the Attorney General.

4. In the case of an irrigation district, any lossesmust be reported to the State Board of Examiners by the board of directors ofthe irrigation district.

5. In each case the State Board of Examiners shallmake, or cause to be made, a full investigation. If, from the investigation,the State Board of Examiners determines that the loss comes under theconditions of a surety bond issued pursuant to the provisions of chapter 193,Statutes of Nevada 1937, as amended, which established the bond trust fund, theState Board of Examiners shall order that restitution be made in the followingmanner:

(a) If there is a sufficient amount in the Reserve forStatutory Contingency Account to cover the loss, the State Controller shalldraw a warrant on the Reserve for Statutory Contingency Account for the fullamount of the loss as covered by the surety bond, in the manner in which claimsagainst the State are usually paid, and the State Treasurer shall pay thewarrant.

(b) If there is insufficient money in the Reserve forStatutory Contingency Account to cover the loss, the State Controller shalldraw a warrant for the full amount in the Reserve for Statutory Contingency Accountfor the purpose of making restitution in part, and he shall report thecondition of the account to the Governor. The Governor shall take the necessarysteps to have the balance due included in the budget, and report to the nextsucceeding Legislature. When the balance is thus secured, the restitution iscompleted.

[7:193:1937; 1931 NCL 4915.27](NRS A 1957, 633;1959, 836; 1963, 546; 1973, 556; 1975, 343; 1991, 1759)

NRS 282.340 Civilliability on bond of officer or employee: Action for recovery of loss; lien;judgment; execution.

1. If any public officer or employee defaults,misappropriates or otherwise is responsible for loss of funds committed to hiscare, he is civilly liable for the amount thereof in an action to be prosecutedby:

(a) The district attorney in cases of county andtownship officers and employees.

(b) The city attorney in cases of city officers andemployees.

(c) The Attorney General in cases of state officers andirrigation district officers and employees.

2. The State, county, city or irrigation district, asthe case may be, has a lien on all real or personal property, not exempt fromexecution, of any such officer or employee against whom such an action isbrought for default, misappropriation, or other violation of the conditions ofhis surety bond given under the provisions of chapter 193, Statutes of Nevada1937, as amended, and such lien becomes effective upon the execution of suchsurety bonds by state, county, township, city and irrigation district officersand 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, eitherlegally or equitably, by the State, county, township, city or irrigationdistrict officer or employee violating any condition of such bond, not exemptfrom execution, or so much thereof as may be necessary to cover the amount ofthe judgment entered, may be sold, as in cases of execution, and the proceedsapplied to payment of the judgment rendered to cover the shortage. If there isan insufficiency of such property, or the judgment or any part of it remainsunsatisfied, then a deficiency judgment may be entered by the court.

[10:193:1937; 1931 NCL 4915.30](NRS A 1973, 557;1975, 343)

NRS 282.350 Revocationof bond by State Board of Examiners: Grounds. TheState Board of Examiners may revoke the surety bond of any public officer oremployee:

1. If, after due investigation, notice and hearing, heis found to be addicted to gambling, excessive drinking of intoxicants or tothe use of narcotics.

2. Upon his conviction of a gross misdemeanor or anymore 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)

 

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