[Rev. 11/21/2013 10:37:05 AM--2013]

CHAPTER 282 - OFFICIAL BONDS AND OATHS

OFFICIAL OATH

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

NRS 282.020           Form of official oath.

NRS 282.030           No fee to be charged for administering and certifying oath.

OFFICIAL BONDS: GENERAL PROVISIONS

NRS 282.040           Form.

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

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

NRS 282.070           Defects in bond immaterial.

NRS 282.080           Approval, filing and recording of official bonds.

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

NRS 282.100           Insufficiency of State Treasurer’s bond: Procedure for procurement of additional bond.

NRS 282.110           Additional bond: Force and liabilities.

NRS 282.120           Number of sureties on official bond.

NRS 282.130           Subscription to official bond: Manner; liability.

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

NRS 282.150           Liability of sureties when penal sum exceeds $2,000: Several liability for portions not less than $500.

NRS 282.160           Liability of sureties for ratable proportion; release of surety on payment of pro rata liability; limitation on amount of judgment.

BONDS OF COUNTY OFFICERS AND EMPLOYEES

NRS 282.163           Blanket bonds.

BONDS OF CITY EMPLOYEES

NRS 282.165           City employee regularly handling public money required to furnish corporate surety bond; form and approval of bond.

SURETY COMPANIES AS SURETIES ON OFFICIAL BONDS

NRS 282.170           Companies which 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           Surety’s statement desiring release from liability: Filing and service of notice; publication.

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

NRS 282.210           Liability of sureties on original and new or additional bond.

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

MISCELLANEOUS PROVISIONS

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

NRS 282.305           Secretary of State to ensure compliance by state officers.

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

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

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

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

_________

OFFICIAL OATH

      NRS 282.010  Oaths and 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 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]

      NRS 282.020  Form of official oath.  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]

      NRS 282.030  No fee to be charged for administering and certifying oath.  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

      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 may be required by law.

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

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

      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]

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

      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 the officer’s 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]

      NRS 282.070  Defects in bond immaterial.  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 the officer’s 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 the State’s or party’s 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]

      NRS 282.080  Approval, filing and recording of official bonds.  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, the county clerk’s 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)

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

      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 the officer 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 the officer’s 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, the office held by the officer 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  Insufficiency of State Treasurer’s bond: Procedure for procurement of additional bond.  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 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)

      NRS 282.110  Additional bond: Force and liabilities.  Every such additional bond shall be of like force and obligation upon the principal and sureties thereon, and shall subject the officer and the officer’s 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]

      NRS 282.120  Number of sureties on official bond.  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]

      NRS 282.130  Subscription to official bond: Manner; liability.  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]

      NRS 282.140  Justification of surety on bond of county or township officer.  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 the surety is a resident and freeholder or householder within that county.

      2.  That the surety is worth the amount for which the surety becomes surety over and above all the surety’s 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)

      NRS 282.150  Liability of sureties when penal sum exceeds $2,000: Several liability for portions not less than $500.  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]

      NRS 282.160  Liability of sureties for ratable proportion; release of surety on payment of pro rata liability; limitation on amount of judgment.

      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 the surety’s 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 the surety’s proportion 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 proportion, 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 the surety’s 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

      NRS 282.163  Blanket bonds.  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

      NRS 282.165  City employee regularly handling public money required to furnish corporate surety bond; form and approval of bond.  Every employee of an incorporated city who regularly handles public funds as part of the employee’s 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

      NRS 282.170  Companies which 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 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 the respective 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

      NRS 282.180  Procedure.  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)

      NRS 282.190  Surety’s statement desiring release from liability: Filing and service of notice; publication.

      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 the surety, or someone in the surety’s behalf, setting forth:

      (a) The name and office of the person for whom the surety is surety;

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

      (c) The surety’s 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 the State Treasurer 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)

      NRS 282.200  Forfeiture of 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 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 such 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 such office or appointment immediately ceases until the officer or person 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 the 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)

      NRS 282.210  Liability of sureties on original and new or additional bond.  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]

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

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

      NRS 282.305  Secretary of State to ensure compliance by state officers.  The Secretary of State shall ensure that state officers comply with the provisions of this chapter.

      (Added to NRS by 1993, 1550)

      NRS 282.315  Costs of investigations paid from Reserve for Statutory Contingency Account; limitations.  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)

      NRS 282.330  Certain officers 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 faithfully to perform the duties of 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 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 the State Controller 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)

      NRS 282.340  Civil liability 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 the officer’s or employee’s care, the officer or employee 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 the officer’s or employee’s 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)

      NRS 282.350  Revocation of bond by State Board of Examiners: Grounds.  The State Board of Examiners may revoke the surety bond of any public officer or employee:

      1.  If, after due investigation, notice and hearing, the officer or employee is found to be addicted to gambling, excessive drinking of intoxicants or to the use of narcotics.

      2.  Upon conviction of the officer or employee of a gross misdemeanor or any more serious crime.

      3.  When the officer or employee 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)