Amends TCA Title 5; Title 8; Title 9; Title 18; Title 54 and Title 67.

ON MARCH 13, 2023, THE SENATE ADOPTED AMENDMENT #1 AND PASSED SENATE BILL 1034, AS AMENDED.<br /> <br /> AMENDMENT #1 rewrites this bill to revise present law provisions relative to county officials, as described below.<br /> <br /> BONDS OF DIRECTOR OF ACCOUNTS AND BUDGETS AND PURCHASING AGENTS<br /> <br /> Present law requires the county mayor of any county that has adopted this provision to appoint, with the approval of the county legislative body or other governing body, a director of accounts and budgets who must, before assuming the director's duties, execute a corporate surety bond.<br /> <br /> Under present law, the bond must be prepared in accordance with present law provisions governing bonds of officers, approved by the county legislative body, recorded in the office of the county register of deeds and transmitted to the office of the county clerk for safekeeping.<br /> <br /> This amendment rewrites the above provision to instead provide that the bond must be prepared, executed, filed, and recorded in accordance with provisions governing bonds of officers.<br /> <br /> The above provisions also apply to purchasing agents appointed by the county mayor.<br /> <br /> BOND OF DIRECTOR OF THE FINANCE DEPARTMENT<br /> <br /> Present law requires the director of the finance department to execute a blanket bond in an amount of at least $100,000 for the faithful performance of the director's duties as director and of the department employees in accordance with the general law for such bonds. Present law also requires the bond to be prepared in accordance with present law provisions governing bonds of officers, approved by the county legislative body, recorded in the office of the county register of deeds and transmitted to the office of the county clerk for safekeeping. This amendment rewrites the above provision to provide, instead, that the bond must be prepared, executed, filed, and recorded in accordance with provisions governing bonds of officers.<br /> <br /> BOND OF SHERIFFS<br /> <br /> Present law requires the sheriff, before entering on the duties of that office, to enter into an official bond prepared in accordance with present law provisions governing bonds of officers, in a penalty of at least $100,000, or in a greater sum as the county legislative body may determine, payable to the state, and conditioned well and truly to execute and make due return of all process directed to the sheriff, and to pay all fees and sums of money received by the sheriff, or levied by virtue of any process, into the proper office or to the person entitled, and faithfully to execute the office of sheriff and perform its duties and functions during such person's continuance therein. Present law also requires this bond to be acknowledged before the county legislative body, in open session, approved by it, recorded upon the minutes, and recorded in the office of the county register of deeds and transmitted to the office of the county clerk for safekeeping.<br /> <br /> This amendment completely rewrites the above provision, so that it instead requires the sheriff to execute an official bond in an amount of $100,000, or such greater amount as the county legislative body by resolution may determine, and also requires the bond to be prepared, executed, filed, and recorded in accordance with present law provisions governing bonds of officers.<br /> <br /> BOND OF CORONERS<br /> <br /> Present law requires the following:<br /> <br /> (1) A coroner to, before entering upon duties of that office, enter into an official bond prepared in accordance with present law provisions governing bonds of officers;<br /> <br /> (2) The bond to be: approved by the county legislative body, entered upon the minutes, recorded in the office of the county register of deeds, transmitted to the office of the county clerk for safekeeping, and be in the amount of $2,500 payable to the state, conditioned truly and faithfully to execute the duties of the office of coroner;<br /> <br /> (3) The coroner, if failing to give bond within 10 days after appointment, to vacate the office; and<br /> <br /> (4) The governing body of any county to elect, by a 2/3 vote, whether or not the coroner of the county must make a surety bond or a bond with two or more good sureties, approved by the body, prior to the time such coroner is inducted and sworn into office.<br /> <br /> This amendment completely rewrites the (1)-(4) above, and instead requires, before entering into the duties of the office, the coroner to execute an official bond in an amount of $2,500 or such greater amount as the county legislative body by resolution may determine, and also requires the bond to be prepared, executed, filed, and recorded in accordance with present law provisions governing bonds of officers.<br /> <br /> BOND OF CONSTABLES<br /> <br /> Present law requires the following:<br /> <br /> (1) Before entering upon the duties of the office, every constable to give bond that is approved by the county legislative body and prepared in accordance with present law provisions governing bonds of officers. The county served by a constable may elect to pay the costs of obtaining and recording the constable's bond;<br /> <br /> (2) If the county does not elect to pay such bond, the constable to pay all costs of obtaining and recording the bond;<br /> <br /> (3) The bond to be in a penalty of at least $4,000 and at most $8,000, at the discretion of the body, and to be payable to the state, and conditioned for the faithful discharge of the duties of the office, and the prompt payment to the proper person of all moneys collected or received by the constable by virtue of the office; and<br /> <br /> (4) The bond to be recorded in the office of the county register of deeds and transmitted to the office of the county clerk for safekeeping.<br /> <br /> This amendment rewrites the (1)-(4) above, and instead requires, before entering into the duties of the office, each constable to execute an official bond in an amount of $4,000 or such greater amount as the county legislative body by resolution may determine, and also requires the bond to be prepared, executed, filed, and recorded in accordance with present law provisions governing bonds of officers.<br /> <br /> BOND OF COUNTY TRUSTEES / MINIMUM AMOUNT OF BOND<br /> <br /> Under present law, upon producing the certificate of election before the county legislative body, at the next session after the date and delivery of the certificate, the county trustee may enter upon the discharge of the duties of the office, after first giving bond, and taking an oath to support the constitutions of the state and of the United States, and an oath for the faithful performance of the duties of the office. Present law requires the bond to be prepared in accordance with present law provisions governing bonds of officers, approved by the county legislative body, recorded in the office of the county register of deeds and transmitted to the office of the county clerk for safekeeping.<br /> <br /> This amendment completely rewrites the above provision and, instead, requires the following:<br /> <br /> (1) Before entering into the duties of the office, the county trustee to take an oath of office, and to execute an official bond in at least the minimum amount required by provisions of law governing county trustees, however, the county legislative body may by resolution require a greater amount of bond for the county trustee than the minimum required; and<br /> <br /> (2) The bond to be prepared, executed, filed, and recorded in accordance with present law provisions governing bonds of officers.<br /> <br /> This amendment also authorizes the county legislative body to by resolution require that the county trustee enter into an additional bond at any time during the term of office of the county trustee. This amendment deletes present law provisions governing the minimum amount of bond for county trustees that provide:<br /> <br /> (1) That the provisions establish only the minimum amount of the bond and in no way prevents the county legislative bodies or other county governing bodies, exercising their power to approve or disapprove the bond, from requiring trustees to execute bonds in greater amounts; and<br /> <br /> (2) That it is the duty of the county legislative body to examine the solvency of the county trustee's bond, and, if the bond is found to be insufficient, it is the duty of the legislative body to notify the county trustee of the fact, and require the county trustee to give new or additional security, in such sum as may be fixed upon by the legislative body, sufficient in its judgment to cover the revenue of the county; and, if the required bond or security is not given on or before the ensuing session of the legislative body, then it is the duty of the legislative body, and it has the power, to declare the office vacant and to elect or appoint a successor, who must be required to enter into bond with good and sufficient securities, for the remainder of the term for which the trustee was elected.<br /> <br /> BOND OF SURVEYORS <br /> <br /> Present law requires the following:<br /> <br /> (1) Before proceeding to the discharge of duties, the county surveyor to enter into bond, in the sum of $2,000, payable to the state of Tennessee, conditioned for the faithful performance of the surveyor's official duties, and to also take and subscribe an oath faithfully to discharge the duties of the office; and<br /> <br /> (2) The bond to be prepared in accordance with present law provisions governing bonds of officers, approved by the county legislative body, recorded in the office of the county register of deeds and transmitted to the office of the county clerk for safekeeping.<br /> <br /> This amendment completely rewrites the above provisions to instead require:<br /> <br /> (1) Before entering into the duties of the office, the county surveyor to take an oath of office, and to execute an official bond in an amount of $2,000 or such greater amount as the county legislative body by resolution may determine; and<br /> <br /> (2) The bond to be prepared, executed, filed, and recorded in accordance with present law provisions governing bonds of officers.<br /> <br /> BOND OF REGISTERS<br /> <br /> Present law requires the following:<br /> <br /> (1) Upon producing the certificate of election before the county legislative body, at the next session after the delivery of the same, the register to be entitled to enter upon the discharge of the duties of the office, after first giving bond, and taking the oath of office;<br /> <br /> (2) The bond to be prepared in accordance with present law provisions governing bonds of officers, approved by the county legislative body, recorded in the office of the county register of deeds, and transmitted to the office of the county clerk for safekeeping; and<br /> <br /> (3) The governing body of any county, by a 2/3 vote, to elect whether or not the county register of the county must make a surety bond or a bond with two or more good sureties, approved by the legislative body, prior to the time such register is inducted and sworn into office.<br /> <br /> This amendment completely rewrites the (1)-(3) above, and instead requires that, before entering into the duties of the office, the county register to take the oaths of office and to execute an official bond that is prepared, executed, filed, and recorded in accordance with present law provisions governing bonds of officers.<br /> <br /> BOND OF COUNTY CLERKS<br /> <br /> This amendment adds the following to present law provisions governing county clerks:<br /> <br /> (1) Before entering into the duties of the office, the county clerk must take the oaths of office, and must execute an official bond that is prepared, executed, filed, and recorded in accordance with present law provisions governing bonds of officers; and<br /> <br /> (2) The amount of the bond must be in the sum of $50,000 in counties with a population of less than 15,000 and $100,000 in counties with a population of 15,000 or more, or in such greater amount as the county legislative body by resolution may determine.<br /> <br /> BOND OF COUNTY OFFICIAL VESTED WITH THE AUTHORITY TO ADMINISTER STATE-SHARED FUNDS<br /> <br /> Present law requires the following:<br /> <br /> (1) A county official vested by law with the authority to administer state-shared funds to furnish a good and sufficient bond in the amount of $100,000, or in a greater sum as the county legislative body may determine, payable to the state, to indemnify the county against the loss of any funds occurring as a result of such person's unlawful or dishonest acts; and<br /> <br /> (2) The bond to be prepared in accordance with present law provisions governing bonds of officers, approved by the county legislative body, recorded in the office of the county register of deeds and transmitted to the office of the county clerk for safekeeping.<br /> <br /> This amendment rewrites (2) above to instead provide that the bond must be prepared, executed, filed, and recorded in accordance with present law provisions governing bonds of officers.<br /> <br /> BOND OF COUNTY ASSESSORS OF PROPERTY<br /> <br /> Present law requires the following:<br /> <br /> (1) Each county assessor, before entering into the duties of office, to enter into an official bond prepared in accordance with present law provisions governing bonds of officers, payable to the state of Tennessee, in the sum of $50,000, to be approved by the county mayor, conditioned in such manner as required by present law provisions governing bonds of officers; and <br /> <br /> (2) The bond to be approved by the county legislative body, recorded in the office of the county register of deeds and transmitted to the office of the county clerk for safekeeping.<br /> <br /> This amendment revises (1) above by removing the provision requiring the bond to be approved by the county mayor, and by adding that the county assessor must take the oaths of office before entering into the duties of the office; and rewrites (2) above to instead require the bond to be prepared, executed, filed, and recorded in accordance with present law provisions governing bonds of officers.<br /> <br /> BOND OF PERSONS VESTED WITH THE AUTHORITY TO ADMINISTER COUTY HIGHWAY AND BRIDGE FUNDS<br /> <br /> Present law requires the following:<br /> <br /> (1) A person vested by law with the authority to administer county highway and bridge funds to furnish an official bond in the amount of $100,000, or in a greater sum as the county legislative body may determine; and<br /> <br /> (2) The bond to be prepared in accordance with present law provisions governing bonds of officers, approved by the county legislative body, recorded in the office of the county register of deeds, and transmitted to the office of the county clerk for safekeeping.<br /> <br /> This amendment rewrites (2) above to instead require the bond to be prepared, executed, filed, and recorded in accordance with present law provisions governing bonds of officers.<br /> <br /> TENNESSEE COUNTY UNIFORM HIGHWAY LAW / BOND OF CHIEF ADMINISTRATIVE OFFICER<br /> <br /> Present law requires, before entering into the discharge of official duties, the chief administrative officer to take and subscribe to an oath in writing before the county clerk that the chief administrative officer will perform with fidelity the duties of the office of chief administrative officer, and to enter into a bond of $100,000.<br /> <br /> This amendment revises the above provision to require the chief administrative officer to execute an official bond in an amount of $100,000 or such greater amount as the county legislative body by resolution may determine; and to require the bond to be prepared, executed, filed, and recorded in accordance with present law provisions governing bonds of officers.<br /> <br /> BONDS OF OFFICERS / SELF-INSURANCE IN LIEU OF BONDS OR INSURANCE<br /> <br /> Present law requires county governments to either:<br /> <br /> (1) Obtain and maintain blanket surety bond coverage for all county employees not covered by individual bonds referenced elsewhere in statute. The minimum amount of such blanket bonds being $150,000; or<br /> <br /> (2) (A) Obtain and pay the premiums or other costs with respect to a policy of insurance issued by an insurance company duly authorized to do business in this state or an agreement with a pool established pursuant to provisions relative to pooling agreements with government entities, or any entity established pursuant to provisions governing government tort liability funding and insurance, for administration of such agreement, that provides government crime coverage, employee dishonesty insurance coverage, or equivalent coverage that insures the lawful performance by officials and their employees of their fiduciary duties and responsibilities. Any such policy or agreement maintained must have limits of at least $400,000 per occurrence;<br /> <br /> (B) (i) A policy or agreement satisfying the requirements set forth in (2)(A) must be deemed to be a blanket official bond for each official or office identified in the policy or agreement for all purposes under present law provisions governing bonds of officers. The full text of this present law provision lists the officials who may be covered under the policy or agreement;<br /> <br /> (ii) In the event that the policy of insurance maintained by the county ceases to provide coverage to the officeholder for any reason, the officeholder has 30 days from the date of termination of coverage to file a bond or other proof of insurance coverage;<br /> <br /> (iii) A certificate of insurance or a policy or endorsement must satisfy the requirement for the filing of the official bond by the named officials.<br /> <br /> (C) If a governmental entity obtains and pays premiums on an insurance policy or agreement, then the monetary limits pursuant to the Tennessee Governmental Tort Liability Act, do not increase.<br /> <br /> This amendment removes (1) above, and removes the provision in (2)(B)(i) that lists the officials who may be covered under the policy or agreement.<br /> <br /> BONDS OF OFFICERS<br /> <br /> Present law requires the official bonds of county officials required by law to execute such bonds to be transmitted to the office of county clerk for safekeeping immediately upon their execution, approval and recordation in the office of the county register of deeds. This amendment rewrites this provision completely, and instead requires the following:<br /> <br /> (1) A county official who is required by law to give an official bond to execute such bond when the bond becomes available after election or appointment to office, but not later than 30 days from the beginning of the term of office;<br /> <br /> (2) The county legislative body to appropriate sufficient funds to pay the premiums on the official bonds of county officials and such employees of the county that are required by law to be bonded;<br /> <br /> (3) Each county to competitively bid the purchase of official bonds and other surety bonds;<br /> <br /> (4) Blanket bonds to be used unless such bonds are unavailable or circumstances require the bonding of an individual separately from the blanket bond agreement;<br /> <br /> (5) A county to only purchase bonds from a surety company authorized to do business in this state as surety. If no surety company is willing to serve as surety for a particular person who is required to give bond, the county legislative body may by resolution authorize either the use of personal sureties for such person with such personal sureties to be approved by the county mayor, or the use of a cash bond approved by the county mayor with the cash to be deposited with the county trustee;<br /> <br /> (6) The official county bond forms and other bonds required to be made available for execution at the office of the county clerk;<br /> <br /> (7) Each county official or employee required to execute an official bond or surety bond, other than bonds required by law to be approved by judges or chancellors, to submit the bond for approval by the county mayor, and if sufficient and regular, the county mayor must approve the bond;<br /> <br /> (8) The bond of the county mayor to be approved by the judge of the court of general sessions in the county or the judge of the first division of such court if the county has more than one general sessions court judge; and<br /> <br /> (9) If the bond of a county official or employee is disapproved, the approving authority to inform the county clerk and the person executing the bond of the insufficiency or irregularity, and a new bond to be executed and submitted to the approving authority for approval. After approval, the approving authority must transmit the approved bond to the county clerk who must record the executed and approved official bond of each county official and surety bond of each county employee required to give bond with the county register of deeds, and, after recording, the county clerk must file these bonds in the office of the county clerk.<br /> <br /> This amendment does not require the county legislative body to approve an official bond or surety bond of a county official or employee on or after July 1, 2023. However, this does not remove the authority of the county legislative body to require bond amounts in excess of the statutory minimum as provided by law. Pursuant to this amendment, the present law provisions governing the form and filing of bonds of officers do not apply to notaries public, or to a special deputy sheriff.<br /> <br /> BONDS OF OFFICERS / FORM AND FILING OF BONDS<br /> <br /> This amendment deletes the following present law provisions governing the form and filing of bonds of officers:<br /> <br /> (1) The registers of deeds of the various counties whose duty it is to record such bonds must maintain a special record book and record therein each official bond presented for registration;<br /> <br /> (2) Notice of the failure to file bond must be given by the officer in whose office the bond is required to be filed, as soon as the time for filing such bond expires, to the court or officer by whom the bond should be taken or approved, and also to the district attorney general of the district in which the delinquent officer resides. Any officer failing to give such notice commits a Class C misdemeanor; and<br /> <br /> (3) A person who is required to deposit a bond for any reason by this state or any political subdivision of this state may deposit an amount of cash or a certified or cashier's check equal to the amount of the required bond in lieu of such bond.<br /> <br /> BONDS OF OFFICERS / TIME OF FILING<br /> <br /> Present law requires the following:<br /> <br /> (1) Official bonds, including blanket bonds, and each rider or attachment thereto, required by law to be filed in the office of the county clerk or secretary of state, to be filed therein within 40 days after the election or appointment of the principal named on the bond, rider, or attachment, or within 20 days after the term of the office legally begins; and <br /> <br /> (2) In all other cases, such bonds to be filed in the proper office within 30 days after such election or appointment, or within 10 days after the term of office legally begins.<br /> <br /> This amendment rewrites the above provisions, to instead require official bonds, including blanket bonds, and each rider or attachment thereto, required by law to be filed in the office of the county clerk or secretary of state, to be filed within 30 days after the election or appointment of the person named in the bond, rider, or attachment.<br /> <br /> Under present law, any officer, required by law to give bond, who fails to file the same in the proper office within the time prescribed vacates the office. In such cases, it is the duty of the officer in whose office such bond is required to be filed, at once, to certify such failure to the appointing power, and the vacancy must be filled as in other cases.<br /> <br /> This amendment rewrites the above provision and instead provides the following:<br /> <br /> (1) That an officer required by law to give an official bond who fails to execute the bond when the bond is available and transmit the bond to the proper officer for approval within 30 days from the time the bond becomes available for execution, forfeits the office and a vacancy in the office occurs, whether or not the officer has taken an oath of office; and<br /> <br /> (2) It is the duty of the officer who is to receive the executed official bond to certify the failure to execute and transmit the bond in the time required by (1) to the official or body who has the power to elect or appoint a successor to the office.<br /> <br /> BOND OF NOTARIES PUBLIC<br /> <br /> Present law requires every notary public, before entering upon the duties of office, to give bond executed by a surety company authorized to do business in Tennessee as surety, or with two or more good sureties approved by the county legislative body, in the penalty of $10,000, payable to the state, conditioned for the faithful discharge of the notary's duties. Present law requires the bond to be filed in the office of the county clerk in the county where elected. This amendment rewrites this provision and instead requires the following:<br /> <br /> (1) Every notary public, before entering upon the duties of office, to give bond executed by a surety company authorized to do business in this state. If a notary public cannot obtain a bond executed by a surety company authorized to do business in this state, the county legislative body may approve two or more good sureties in lieu of a bond from a surety company;<br /> <br /> (2) The bond to be in the penalty amount of $10,000, payable to this state, conditioned upon the faithful discharge of the notary's duties;<br /> <br /> (3) The notary public to present the executed official bond to the county clerk in the county where elected; and<br /> <br /> (4) The county clerk to review the bond presented by the notary public for compliance with this provision, and upon the clerk's satisfaction, to file the bond in the office of the county clerk. A person elected as a notary public that performs an official act as a notary public prior to filing a bond as required commits a Class C misdemeanor.<br /> <br /> BOND OF AUDITORS<br /> <br /> Present law requires county auditors to be employed by a committee of at least three, appointed by the county legislative body from the members of the legislative body, which committee must require the accountant so employed to furnish bond for the faithful performance of the accountant's duties. This amendment adds that the bond must be prepared, executed, filed, and recorded in accordance with present law provisions governing bonds of officers.<br /> <br /> COUNTY HIGHWAY BONDS<br /> <br /> This amendment adds to present law provisions governing bond of road commissioners, that such bonds must be prepared, executed, filed, and recorded in accordance with present law provisions governing bonds of officers.<br />