LD 469
pg. 2
Page 1 of 3 An Act Concerning the Requirement for Surety Bonds for County Treasurers, Sheri... Page 3 of 3
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LR 1102
Item 1

 
faithful performance of the duties of the office and to answer for
all neglect and misdoings of the chief deputy. Surety and fidelity
insurance coverage provided by a public sector self-funded risk
pool organized pursuant to section 2253 in the sum ordered by the
commissioners is deemed to comply with the requirements of this
section.

 
2. Approval of bond. After executing the required bond,
every sheriff shall file it in the office of the county clerk, to
be presented to the county commissioners at their next meeting
for approval. After the bond has been approved by the
commissioners, the clerk shall record it and certify the fact of
approval on the bond. The clerk shall retain a copy of the bond
and deliver the original to the sheriff who shall deliver it to
the State Auditor within 20 days after its approval to be filed
in the State Auditor's office.

 
3. Annual examination of bonds. The county commissioners of
each county, at their first meeting after the 3rd Tuesday of
June, on motion of the district attorney, shall annually examine
the sufficiency of the bond of the sheriff of their county and
have their clerk make a record of their determination. The clerk
shall report the commissioner's findings to the State Auditor
within 30 days.

 
4. New bond when insufficient. If the bond of any sheriff is
found to be insufficient, the clerk shall certify that fact to
the sheriff within 10 days. Within 20 days after that notice is
given, the sheriff must give a new bond with sufficient sureties,
to be filed in the office of the county clerk and approved by the
county commissioners, and then filed in the State Auditor's
office.

 
5. Forfeiture for neglect to give bond. A sheriff forfeits
$150 to the State for each month's neglect to give the security
required in this section. The State Auditor shall report that
neglect to the Treasurer of State. The Attorney General shall
prosecute a civil action for the Treasurer of State to recover
the forfeiture. The clerk of courts of the sheriff's county
shall certify the sheriff's name to the Governor and the Attorney
General. Unless reasonable cause for this neglect is shown or,
within 20 days after the clerk certifies the sheriff's name, the
sheriff gives or renews the security to the satisfaction of the
Governor, the sheriff thereby vacates the office.

 
Sec. 4. 30-A MRSA §384, as amended by PL 1991, c. 748, is further
amended to read:

 
§384. Chief deputy, deputies, bond; approval and filing


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