Utah Code 17-16-11. Fidelity bonds and theft or crime insurance

(1)

As used in this section, “county officials” means:

Terms Used In Utah Code 17-16-11

County legislative body: means :Utah Code 68-3-12.5
Executive: when used to describe the powers, duties, or functions of a person or body elected as the county executive or a person appointed as the county manager or administrative officer, refers to:

(a)	the power and duty to carry laws and ordinances into effect and secure their due observance; and

(b)

those powers, duties, and functions that, under constitutional and statutory provisions and through long usage and accepted practice and custom at the federal and state level, have come to be regarded as belonging to the executive branch of government. See Utah Code 17-50-101

Legislative: when used to describe the powers, duties, or functions of a county commission or council, refers to:

(a)	the power and duty to enact ordinances, levy taxes, and establish budgets; and

(b)

those powers, duties, and functions that, under constitutional and statutory provisions and through long usage and accepted practice and custom at the federal and state level, have come to be regarded as belonging to the legislative branch of government. See Utah Code 17-50-101

State: when applied to the different parts of the United States, includes a state, district, or territory of the United States. See Utah Code 68-3-12.5

(a)

the members of the county legislative body;

(b)	the county executive;

(c)	the county clerk;

(d)	the county auditor;

(e)	the county sheriff;

(f)	the county attorney;

(g)	in a county that is within a prosecution district, the district attorney;

(h)	the county recorder;

(i)	the county assessor;

(j)	the county surveyor;

(k)	each justice court judge and constable within the county;

(l)	the county treasurer; and

(m)	each deputy or assistant of those listed in Subsections (1)(a) through (l) for whom the county legislative body determines a general fidelity bond or theft or crime insurance should be acquired.

(2)

(a)

The legislative body of each county shall prescribe the amount of each general fidelity bond or of theft or crime insurance to be acquired for county officials, except the county treasurer, before the county officials, except the county treasurer, may discharge the duties of their respective offices.

(b)	The State Money Management Council created in Section 51-7-16 shall prescribe the amount of a general fidelity bond or theft or crime insurance to be acquired for the county treasurer before the county treasurer may discharge the duties of that office.

(c)	A county legislative body may acquire a fidelity bond or theft or crime insurance on all county officials as a group rather than individually.

(3)

(a)	The county legislative body shall approve the premium for each fidelity bond before the bond may be filed.

(b)	The cost of each fidelity bond and theft or crime insurance policy shall be paid from county funds.

(4)	Each fidelity bond shall be filed and maintained in the office of the county clerk.

(5)

(a)

The district attorney of each multicounty prosecution district shall:

(i)	execute a fidelity bond or acquire theft or crime insurance in the amount specified in the interlocal agreement that created the prosecution district; and

(ii)	file each fidelity bond with the county clerk as specified in the interlocal agreement.

(b)	The cost of each fidelity bond or theft or crime insurance policy under Subsection (5)(a) shall be paid as specified in the interlocal agreement that created the prosecution district.

Amended by Chapter 268, 2007 General Session

Previous section

Next section

Part 1 Contents