BILL REQ. #:  H-2031.1 

Read first time 02/28/2003.   Referred to Committee on Local Government.

     AN ACT Relating to providing for insurance in lieu of official bonds for county officials; amending RCW 3.34.090, 36.16.050, 36.16.060, 36.23.020, 36.28.030, 36.32.060, and 65.12.060; and repealing RCW 65.12.055.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:

Sec. 1   RCW 3.34.090 and 1984 c 258 s 15 are each amended to read as follows:
     (1) The county legislative authority shall provide for the bonding of each district judge, district judge pro tempore, district court commissioner, clerk of the district court, and court employee, at the expense of the county, in such amount as the county legislative authority shall prescribe, conditioned that each such person will pay over according to law all moneys which shall come into the person's custody in causes filed in the district court. Such bond shall not be less than the maximum amount of money liable to be under the control, at any one time, of each such person in the performance of his or her duties. Such bond may be a blanket bond.
     (2) The county legislative authority may provide for employee fidelity insurance in lieu of a bond described in this section, provided that the amount of insurance equals or exceeds the amount of the bond. If the county obtains employee fidelity or errors and omissions insurance covering district court personnel, the costs of such coverage shall be a reimbursable expense pursuant to RCW 3.62.050 as now or hereafter amended.

Sec. 2   RCW 36.16.050 and 1991 c 363 s 49 are each amended to read as follows:
     (1) Every county official before he or she enters upon the duties of his or her office shall furnish a bond conditioned that he or she will faithfully perform the duties of his or her office and account for and pay over all money which may come into his or her hands by virtue of his or her office, and that he or she, or his or her executors or administrators, will deliver to his or her successor safe and undefaced all books, records, papers, seals, equipment, and furniture belonging to his or her office. Bonds of elective county officers shall be as follows:
     (((1))) (a) Assessor: Amount to be fixed and sureties to be approved by proper county legislative authority;
     (((2))) (b) Auditor: Amount to be fixed at not less than ten thousand dollars and sureties to be approved by the proper county legislative authority;
     (((3))) (c) Clerk: Amount to be fixed in a penal sum not less than double the amount of money liable to come into his or her hands and sureties to be approved by the judge or a majority of the judges presiding over the court of which he or she is clerk: PROVIDED, That the maximum bond fixed for the clerk shall not exceed in amount that required for the treasurer in a county of that class;
     (((4))) (d) Coroner: Amount to be fixed at not less than five thousand dollars with sureties to be approved by the proper county legislative authority;
     (((5))) (e) Members of the proper county legislative authority: Sureties to be approved by the county clerk and the amounts to be:
     (((a))) (i) In each county with a population of one hundred twenty-five thousand or more, twenty-five thousand dollars;
     (((b))) (ii) In each county with a population of from seventy thousand to less than one hundred twenty-five thousand, twenty-two thousand five hundred dollars;
     (((c))) (iii) In each county with a population of from forty (([thousand])) thousand to less than seventy thousand, twenty thousand dollars;
     (((d))) (iv) In each county with a population of from eighteen thousand to less than forty thousand, fifteen thousand dollars;
     (((e))) (v) In each county with a population of from twelve thousand to less than eighteen thousand, ten thousand dollars;
     (((f))) (vi) In each county with a population of from eight thousand to less than twelve thousand, seven thousand five hundred dollars;
     (((g))) (vii) In all other counties, five thousand dollars;
     (((6))) (f) Prosecuting attorney: In the amount of five thousand dollars with sureties to be approved by the proper county legislative authority;
     (((7))) (g) Sheriff: Amount to be fixed and bond approved by the proper county legislative authority at not less than five thousand nor more than fifty thousand dollars; surety to be a surety company authorized to do business in this state;
     (((8))) (h) Treasurer: Sureties to be approved by the proper county legislative authority and the amounts to be fixed by the proper county legislative authority at double the amount liable to come into the treasurer's hands during his or her term, the maximum amount of the bond, however, not to exceed:
     (((a))) (i) In each county with a population of two hundred ten thousand or more, two hundred fifty thousand dollars;
     (((b))) (ii) In each county with a population of from one hundred twenty-five thousand to less than two hundred ten thousand, two hundred thousand dollars;
     (((c))) (iii) In each county with a population of from eighteen thousand to less than one hundred twenty-five thousand, one hundred fifty thousand dollars;
     (((d))) (iv) In all other counties, one hundred thousand dollars.
     The treasurer's bond shall be conditioned that all moneys received by him or her for the use of the county shall be paid as the proper county legislative authority shall from time to time direct, except where special provision is made by law for the payment of such moneys, by order of any court, or otherwise, and for the faithful discharge of his or her duties.
     Bonds for other than elective officials, if deemed necessary by the proper county legislative authority, shall be in such amount and form as such legislative authority shall determine.
     In the approval of official bonds, the chair may act for the county legislative authority if it is not in session.
     (2) The county legislative authority may provide for employee fidelity insurance in lieu of a bond described in this section, provided that the amount of insurance equals or exceeds the amount of the bond.

Sec. 3   RCW 36.16.060 and 1963 c 4 s 36.16.060 are each amended to read as follows:
     Every county officer, before entering upon the duties of his office, shall file his oath of office in the office of the county auditor and his official bond or certificate of employee fidelity insurance in the office of the county clerk: PROVIDED, That the official bond or certificate of insurance of the county clerk, after first being recorded by the county auditor, shall be filed in the office of the county treasurer.
     Oaths and bonds or certificates of employee fidelity insurance of deputies shall be filed in the offices in which the oaths and bonds of their principals are required to be filed.

Sec. 4   RCW 36.23.020 and 1963 c 4 s 36.23.020 are each amended to read as follows:
     When the judge or judges of any court, or a majority of them, believe that the clerk of the court does not have a good and sufficient bond on file, ((or)) that the bond is not large enough in amount, or that employee fidelity insurance obtained pursuant to RCW 36.16.050(2) is inadequate, such judge or judges shall enter an order requiring ((him)) the clerk, within such time as may be specified in the order, to execute and present to them a good and sufficient bond, in such sum as may be fixed by the order. In case of ((his)) the clerk's failure to file the bond within ten days from the expiration of the date fixed the judge or judges shall declare the office vacant.

Sec. 5   RCW 36.28.030 and 1963 c 4 s 36.28.030 are each amended to read as follows:
     Whenever the company acting as surety on the official bond or employee fidelity insurance of a sheriff is disqualified, insolvent, or the ((penalty)) amount of the bond or insurance becomes insufficient on account of recovery had thereon, or otherwise, the sheriff shall submit a new or additional bond or a certificate of new or additional insurance for approval ((to)) of the board of county commissioners, if in session, or, if not in session, for the approval of the chairman of such board, and file the same, when approved, in the office of the county clerk of his county, and such new or additional bond or insurance shall be ((in a penal sum)) sufficient in amount to equal the sum specified in the original bond or insurance when added to the ((penalty)) amount of any existing bond, so that under one or more bonds or employee fidelity insurance policies there shall always be an enforceable obligation of the surety on the official bond or bonds or insurance of the sheriff in a penal sum of not less than the amount of the bond or insurance as originally approved.

Sec. 6   RCW 36.32.060 and 1963 c 4 s 36.32.060 are each amended to read as follows:
     (1) The bond of each member of the county ((commissioner)) legislative authority shall be payable to the county, and it shall be conditioned that the ((commissioner)) member shall well and faithfully discharge the duties of his or her office, and not approve, audit, or order paid any illegal, unwarranted, or unjust claim against the county for personal services.
     (2) If a county obtains employee fidelity insurance for members of the legislative authority in lieu of a bond pursuant to RCW 36.16.050(2), the insurance shall be in a form as determined appropriate by the county legislative authority.

Sec. 7   RCW 65.12.060 and 1907 c 250 s 11 are each amended to read as follows:
     Deputy registrars shall perform any and all duties of the registrar in the name of the registrar, and the acts of such deputies shall be held to be the acts of the registrar, and in the case of the death of the registrar or his removal from office, the vacancy shall be filled in the same manner as is provided by law for filling such vacancy in the office of the county auditor. The person so appointed to fill such vacancy shall ((file a bond and)) be vested with the same powers as the registrar whose office he is appointed to fill.

NEW SECTION.  Sec. 8   RCW 65.12.055 (Bond of registrar) and 1907 c 250 s 10 are each repealed.