Tennessee § 8-11-103 - Minimum amount of bond — Determination — Surety — Examination of sufficiency.

§ 8-11-103. Minimum amount of bond — Determination — Surety — Examination of sufficiency.

The minimum amount of the official bond executed by each county trustee for each term of office, as required by § 8-11-102, shall be determined from the amount of revenues handled by the trustee during the last fiscal year audited by the comptroller of the treasury, or from the last audit approved by the comptroller of the treasury which was duly prepared in counties using certified public accountants. If the official bond of the county trustee is executed by a surety company authorized to transact business in this state, the minimum amount of the bond shall be based on the revenues as follows: Four percent (4%) up to three million dollars ($3,000,000) of the funds collected by the office; and Two percent (2%) of the excess over three million dollars ($3,000,000) shall be added. The amounts indicated in subdivisions (b)(1)(A) and (B) shall be cumulative. If the official bond of the county trustee is executed by personal sureties, the minimum amount of the bond shall be based on revenues as follows: Six percent (6%) up to three million dollars ($3,000,000) of the funds collected by the office; and Four percent (4%) of the excess over three million dollars ($3,000,000) shall be added. The amounts indicated in subdivisions (c)(1)(A) and (B) shall be cumulative. This section establishes 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 as provided by § 8-11-102, from requiring trustees to execute bonds in greater amounts. 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, as provided by law, 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 shall be required to enter into bond with good and sufficient securities, for the remainder of the term for which the trustee was elected. Acts 1868-1869, ch. 41, § 1; Shan., § 522; mod. Code 1932, § 774; Acts 1959, ch. 187, §§ 1-4; impl. am. Acts 1978, ch. 934, §§ 7, 36; modified; T.C.A., § 8-1103; Acts 2013, ch. 315, §§ 5, 6. Compiler's Notes. Acts 2013, ch. 315, § 31 provided that the act, which amended this section, shall apply to the renewal or obtaining an official bond for any bonding after April 29, 2013. Cross-References. Failure to give additional bond, vacation of office, § 8-19-405 . New or additional bond or sureties may be required, § 8-19-402 . Textbooks. Tennessee Jurisprudence, 8 Tenn. Juris., Counties, § 22. Law Reviews. Local Government Law — 1959 Tennessee Survey, 12 Vand. L. Rev. 1257 (1959). Attorney General Opinions. Public Chapter 749, by its plain language, has modified T.C.A. § 8-19-101(a) –(d) to allow a county government to purchase an insurance policy in lieu of individual official bonds for those officers who have specific statutes requiring a bond to be posted. It provides a new alternative for a county government to meet its bonding requirements. OAG 16-31, 2016 Tenn. AG LEXIS 31 (8/22/2016).