OATHS AND BONDS

KRS tit. VIII, ch. 62

in effect

KRS 62.010 Oath of office -- When to be taken

62.010. Oath of office -- When to be taken (1) No officer shall enter upon the duties of his office until he takes the oath required of him by law. (2) Each person elected to an office shall take the oath of office on or before the day the term of office to which he has been elected begins, except in years where the first Monday in January falls upon January 1. In years where the first Monday falls upon January 1, no penalty shall be applied to any officer that fails to take the oath of office, so long as the oath of office is taken within thirty (30) days of the first Monday of January. (3) Each person appointed to an office shall take the oath of office within thirty (30) days after he receives notice of his appointment. Effective: March 21, 2007 History: Amended 2007 Ky. Acts ch. 56, sec. 1, effective March 21, 2007. -- Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. secs. 3753, 3755. Legislative Research Commission Note (3/21/2007). 2007 Ky. Acts ch. 56, sec. 4, provides that the amendments to KRS 62.010 in 2007 Ky. Acts ch. 56, sec. 1 "shall apply retroactively to any elected officer required to take the oath of office and execute bond by the first Monday of year 2007."

KRS 62.020 Persons authorized to administer official oaths -- Certification and filing

62.020. Persons authorized to administer official oaths -- Certification and filing (1) The official oath of any officer may be administered by: (a) Any active, retired, or senior status justice or judge of the Court of Justice or active, retired, or senior status federal judge, with Kentucky jurisdiction; (b) Any member of the General Assembly may administer an oath statewide; or (c) Any county judge/executive, notary public, clerk of a court, or justice of the peace, within his district or county. (2) For those officers listed in paragraphs (a), (b), (c), (d), and (e) of this subsection, the person administering the oath shall certify in writing that the oath of office was administered and the date of its administration. The person administering the oath shall file a written certification: (a) In the Secretary of State's office for: 1. A member of the General Assembly; 2. An officer elected from the state at large; 3. An officer elected from a district greater than one (1) county; or 4. An officer elected from a city whose boundaries extend beyond those of a single county; (b) In the Secretary of State's office for: 1. An officer appointed cabinet secretary; or 2. An officer appointed a deputy or assistant to an elected constitutional officer and who is required by separate statute to take the oath of office; (c) In the Governor's office for the Secretary of State and the assistant Secretary of State; (d) In the office of the county clerk for the county from which an officer is elected to countywide office or office for a district within the county. However, the requirements of this paragraph shall not apply when the requirements of paragraph (a) of this subsection apply; and (e) In the office of a circuit clerk for a county clerk within the jurisdiction of that circuit clerk. Effective: July 15, 2010 History: Amended 2010 Ky. Acts ch. 128, sec. 1, effective July 15, 2010. -- Amended 2007 Ky. Acts ch. 56, sec. 3, effective March 21, 2007; and ch. 132, sec. 3, effective June 26, 2007. -- Amended 1996 Ky. Acts ch. 164, sec. 1, effective July 15, 1996. -- Amended 1994 Ky. Acts ch. 454, sec. 1, effective July 15, 1994. -- Amended 1980 Ky. Acts ch. 184, sec. 1, effective July 15, 1980. -- Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. sec. 3754. Legislative Research Commission Note (6/26/2007). This section was amended by 2007 Ky. Acts chs. 56 and 132. Where these Acts are not in conflict, they have been codified together. Where a conflict exists, Acts ch. 132, which was last enacted by the General Assembly, prevails under KRS 446.250. Legislative Research Commission Note (3/21/2007). 2007 Ky. Acts ch. 56, sec. 4, provides that the amendments to KRS 62.020 in 2007 Ky. Acts ch. 56, sec. 3, "shall apply retroactively to any elected officer required to take the oath of office and execute bond by the first Monday of year 2007."

KRS 62.030 Oath of fiduciaries

62.030. Oath of fiduciaries Every person, before entering on the duty of executor, administrator, guardian, curator or conservator of a person who is mentally disabled, or any other like trust or employment, in lieu of all other oaths not expressly required by law, shall take in substance the following oath or affirmation "I do solemnly swear (or affirm) that I will faithfully perform the duties of .... according to law." Effective: July 15, 1982 History: Amended 1982 Ky. Acts ch. 141, sec. 46, effective July 1, 1982. -- Amended 1978 Ky. Acts ch. 92, sec. 4, effective June 17, 1978. -- Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. sec. 3756. Note: 1980 Ky. Acts ch. 396, sec. 49 would have amended this section effective July 1, 1982. However, 1980 Ky. Acts ch. 396 was repealed by 1982 Ky. Acts ch. 141, sec. 146, also effective July 1, 1982.

KRS 62.040 Peace officers' oath to suppress gaming

62.040. Peace officers' oath to suppress gaming (1) Every peace officer shall take an oath that he will endeavor, to the best of his ability, to detect and prosecute all gamblers and others violating the laws against gaming. (2) The oath specified in subsection (1) of this section may be administered by any person who may administer an oath pursuant to KRS 62.020. A person shall not administer the oath specified in subsection (1) of this section to himself or herself. Effective: June 26, 2007 History: Amended 2007 Ky. Acts ch. 132, sec. 1, effective June 26, 2007. -- Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. sec. 3757.

KRS 62.050 Bonds -- When to be given

62.050. Bonds -- When to be given (1) Except as otherwise provided by statute, no officer required by law to give bond shall enter upon the duties of his office until he gives the bond, except in years where the first Monday in January falls upon January 1. In years where the first Monday falls upon January 1, no penalty shall be applied to any officer that fails to give bond, so long as bond is given within thirty (30) days of the first Monday of January. (2) Except as otherwise provided by statute, each person elected to an office who is required to give bond shall give the bond on or before the day the term of office to which he has been elected begins. (3) Each person appointed to an office who is required to give bond shall give the bond within thirty (30) days after he receives notice of his appointment. Effective: March 21, 2007 History: Amended 2007 Ky. Acts ch. 56, sec. 2, effective March 21, 2007.-- Amended 1996 Ky. Acts ch. 86, sec. 9, effective July 15, 1996. -- Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. secs. 3753, 3755. Legislative Research Commission Note (3/21/2007). 2007 Ky. Acts ch. 56, sec. 4, provides that the amendments to KRS 62.050 in 2007 Ky. Acts ch. 56, sec. 2 "shall apply retroactively to any elected officer required to take the oath of office and execute bond by the first Monday of year 2007."

KRS 62.055 Bonds of county clerks -- Minimum -- Record

62.055. Bonds of county clerks -- Minimum -- Record (1) Every county clerk, before entering on the duties of his office, shall execute bond to the Commonwealth, with corporate surety authorized and qualified to become surety on bonds in this state. Any county clerk holding office as of January 1, 1978, who has not executed bond as provided herein shall do so within thirty (30) days from February 9, 1978. (2) In counties containing a consolidated local government or a city of the first class, the amount of the county clerk's bond shall be at least five hundred thousand dollars ($500,000). In counties containing an urban-county form of government, the amount of county clerk's bond shall be at least four hundred thousand dollars ($400,000). In counties containing a city of the home rule class but not a city of the first class, a consolidated local government, or an urban-county form of government, the amount of the county clerk's bond shall be at least one hundred thousand dollars ($100,000). (3) The bond of the county clerk shall be examined and approved by the fiscal court, which shall record the approval in its minutes. The fiscal court shall record the bond in the county clerk's records and a copy of the bond shall be transmitted within one (1) month to the Department of Revenue, where it shall be recorded and preserved. Except in those counties where the fees of the county clerk are paid into the State Treasury, the premium on the county clerk's bond shall be paid by the county. (4) Where circumstances in a particular county indicate that the amount of the bond may not be sufficient, the Department of Revenue may request the fiscal court to increase the bond as provided in KRS 62.060. The fiscal court shall then require a bond of sufficient amount to safeguard the Commonwealth. Effective: January 1, 2015 History: Amended 2014 Ky. Acts ch. 92, sec. 27, effective January 1, 2015. -- Amended 2005 Ky. Acts ch. 85, sec. 88, effective June 20, 2005. -- Amended 2002 Ky. Acts ch. 346, sec. 16, effective July 15, 2002. -- Amended 1996 Ky. Acts ch. 86, sec. 2, effective July 15, 1996. -- Amended 1982 Ky. Acts ch. 387, sec. 1, effective July 15, 1982. -- Created 1978 Ky. Acts ch. 4, sec. 1, effective February 9, 1978.

KRS 62.060 Bonds of officers, depositories and fiduciaries -- Form -- Conditions -- Amount -- Renewal

62.060. Bonds of officers, depositories and fiduciaries -- Form -- Conditions -- Amount -- Renewal (1) Except as provided by KRS 395.130, the bond required by law to be executed and given by any public official, depository of public funds, or any fiduciary, and other bond required by law for the discharge or performance of any public or fiducial office, trust or employment, shall be a covenant to the Commonwealth of Kentucky from the principal and surety or sureties that the principal will faithfully discharge his duties, and there shall be no other obligation in the bond. The bond shall be limited in a definite penal sum, which shall be determined and fixed by the officer or officers whose duty it is to approve the bond. The bond of each fiduciary shall be fixed in a penal sum of not less than the estimated value of the estate which the fiduciary is in charge of. The officer or officers taking any bond mentioned in this section may, at any time when it appears to be to the interest of the obligee, increase the penal sum of the bond or require a renewal thereof with other or additional sureties. (2) A bond or obligation taken in any form other than that required by subsection (1) shall be binding on the parties thereto according to its terms. (3) This section shall not apply to bonds given pursuant to KRS 62.160 to 62.200. History: Amended 1972 Ky. Acts ch. 203, sec. 3. -- Amended 1946 Ky. Acts ch. 27, sec. 6. -- Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. secs.186d-1, 3751.

KRS 62.065 Individual not to be surety on more than one bond -- Nonapplicability of limitation to corporate sureties

62.065. Individual not to be surety on more than one bond -- Nonapplicability of limitation to corporate sureties Individual sureties on bonds required by law to be executed and given by an officer of any city or county as provided in subsection (1) of KRS 62.060, shall not become surety on more than one (1) bond of any such officer at the same time. The limitations on individuals making bonds shall not apply to corporate sureties. Effective: January 27, 1995, retroactive to November 1, 1991 History: Amended 1995 (2d Extra. Sess.) Ky. Acts ch. 4, sec. 4, effective January 27, 1995, retroactive to November 1, 1991. -- Created 1954 Ky. Acts ch. 155, sec. 1, effective June 17, 1954.

KRS 62.070 Action and recovery on bond

62.070. Action and recovery on bond Actions may be brought from time to time on any bond required by law for the discharge or performance of any public or fiducial office, trust or employment, in the name of the Commonwealth, for its benefit or for that of any person injured by a breach of the covenant or condition, at the proper costs of the party suing, against the parties jointly or severally, together with the personal representatives, heirs and devisees or distributees of such of them as may be dead. Recovery against the surety shall be limited to the amount of the penalty fixed in the bond, but recovery against the principal shall not be limited by the amount of the penalty fixed in the bond. Recovery on the bond shall not be restricted to duties or responsibilities belonging to the office, trust or employment at the date the bond is executed, but may include any duties or responsibilities thereafter imposed by law or lawfully assumed. Effective: October 1, 1942 History through 1968: Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. secs. 186d-1, 3752.

KRS 62.080 Liability for public funds placed in depository

62.080. Liability for public funds placed in depository All persons required by law to give bonds for the discharge or performance of any public or fiducial office, trust or employment are relieved from all liability as insurers of funds that come into their hands or subject to their control after the funds are deposited in good faith in a depository or depositories in the county approved by the fiscal court, and the obligors in the bonds shall not be responsible for loss of, or delay in payment of such funds by reason of the failure or suspension of such depository. Effective: October 1, 1942 History through 1968: Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. sec. 186d-1.

KRS 62.090 Proceeding for release and indemnity of sureties -- Where brought

62.090. Proceeding for release and indemnity of sureties -- Where brought If a surety in any official bond, or bond of a personal representative, guardian, conservator, curator, assignee or trustee, master commissioner, receiver, or in any bond or covenant which by law may be required to be executed in court, or before an officer at the commencement or during the progress of any civil judicial proceeding, wishes to be relieved from future liability and to obtain indemnity for liability already incurred, or either, he may file a motion in the court in which the original bond was given or in whose clerk's office the bond is required to be kept. If the bond was not given in any court or is not required to be kept in any office, the motion shall be filed in the Circuit Court of the county in which the principal resides, or if the principal has no residence in this state, then in the Circuit Court of the county of the residence of the surety. The motion may be filed in the court or the motion and notice, with return showing service, may be filed in the office of the clerk of the court. Effective: July 15, 1982 History: Amended 1982 Ky. Acts ch. 141, sec. 47, effective July 1, 1982. -- Amended 1978 Ky. Acts ch. 92, sec. 5, effective June 17, 1978. -- Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. secs. 4659, 4664. Note: 1980 Ky. Acts ch. 396, sec. 50 would have amended this section effective July 1, 1982. However, 1980 Ky. Acts ch. 396 was repealed by 1982 Ky. Acts ch. 141, sec. 146, also effective July 1, 1982.

KRS 62.100 Notice of proceeding

62.100. Notice of proceeding (1) The surety shall give written notice to the principal requiring him, by a day named in the notice, to appear before the court in which the motion is filed. (2) If the principal is within the state, the notice shall be not less than ten (10) days, otherwise there shall be thirty (30) days' notice to his attorney if he has one in the county where the bond is executed, and if none, there shall be thirty (30) days' notice published pursuant to KRS Chapter 424. (3) The notice shall apprise the party of the object of the motion, whether for a new bond with other surety to effect a discharge from future liability, or as indemnity for the past acts of the principal, or for both. If indemnity for liability incurred is one of the objects, notice in like manner shall be given to each of the other sureties in the bond who have not joined in the motion. History through 1968: Amended 1968 Ky. Acts ch. 152, sec. 27. -- Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. secs. 4659, 4660, 4661.

KRS 62.110 New bond discharges sureties -- Stipulation for indemnity

62.110. New bond discharges sureties -- Stipulation for indemnity If a new bond is given all the sureties making the motion shall be discharged from all liability for the acts of the principal thereafter done. If the object is so specified, the bond shall contain a covenant to indemnify the said sureties against any loss, cost or damage legally incurred by reason of the suretyship. Effective: October 1, 1942 History through 1968: Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. sec. 4663.

KRS 62.120 Failure to give new bond

62.120. Failure to give new bond (1) If a new bond is not given on the day named in the notice or fixed by the court, the party moved against shall, if he is an officer, be at once removed from office. If he is not an officer his powers shall be revoked and he shall be deprived of all right further to act in discharge of the duties or functions of the trust, post or employment. The court shall make all needful orders for the protection of the surety and for the benefit of the estate or trust which had been confided to the principal. (2) If a new bond is not given within thirty (30) days after the day named in the notice the surety shall be automatically released from all further liability and shall not be responsible for any acts of default of the principal thereafter done, notwithstanding a failure to remove the principal from office or to revoke his powers. (3) If the notice and motion is made by a surety on a bond for costs and a new bond is not executed within the time fixed by the court, the action shall be dismissed. If a new bond is executed, the liability of the former surety shall cease upon its execution. Effective: October 1, 1942 History: Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. sec. 4664.

KRS 62.130 Adoption of proceeding by other sureties or personal representative

62.130. Adoption of proceeding by other sureties or personal representative The remedy given to the surety by KRS 62.090 to 62.120 may be adopted by his personal representative. Any surety in the bond may, at any time before the final action upon the motion, unite with the movant and ask for the same relief. Effective: October 1, 1942 History: Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. sec. 4662.

KRS 62.140 Premiums on bonds paid by state, when

62.140. Premiums on bonds paid by state, when (1) Each county clerk, jailer and sheriff whose fees are paid into the State Treasury, and who has the bond required of him by law executed by an incorporated surety company authorized to do a surety business in Kentucky, shall have a claim against the state for the amount of the premium paid by him, payable as other claims are paid, but only if the fees theretofore paid into the State Treasury by such officer are sufficient to pay the premium in addition to his other official expenses theretofore incurred that are entitled to be paid out of such fees. The amount of premium to be paid by the state shall be approved by the judge or court who approved the bond. (2) Every claim made under this section for the payment of a premium on a bond shall be verified by affidavit of the officer executing the bond as principal. Effective: January 2, 1978 History: Amended 1976 (1st Extra. Sess.) Ky. Acts ch. 14, sec. 20, effective January 2, 1978. -- Amended 1946 Ky. Acts ch. 27, sec. 7. -- Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. secs. 373a, 3751a-1.

KRS 62.145 Repealed, 1978

62.145. Repealed, 1978 Catchline at repeal: Premiums on bonds of county clerks in counties of less than 200,000. History: Repealed 1978 Ky. Acts ch. 4, sec. 3, effective February 9, 1978. -- Amended 1966 Ky. Acts ch. 255, sec. 64. -- Created 1950 Ky. Acts ch. 117, sec. 1.

KRS 62.150 Premiums on bonds of county officers in counties of two hundred thousand population

62.150. Premiums on bonds of county officers in counties of two hundred thousand population All elective or appointive county officers of any county containing a population of two hundred thousand (200,000) or more who, upon assuming their respective offices, are required under the law to execute a bond for the faithful discharge and performance of their duties, and who shall have such bond executed by any incorporated surety company authorized to do a surety business in the State of Kentucky, shall pay the premium on such bond, and the amount paid for such premium shall be and become a valid claim against the county, except where the law provides that it be paid by the state, and shall be paid in the same manner as other claims are paid. In each case in which a claim is made for the payment of premium on the bond executed as above set out, the officer executing the bond as principal shall verify the claim by his affidavit. History: Created 1942 Ky. Acts ch. 52, sec. 1.

KRS 62.155 Sheriff's general obligation bonds and state revenue bond, state to pay premiums on

62.155. Sheriff's general obligation bonds and state revenue bond, state to pay premiums on With the exception of the sheriff's county levy bond, and with the exception of those bonds upon which the premium is now paid by the state or county, each sheriff shall have a valid claim against the state for the amounts paid by him for premiums on the bonds required of him by law, when the bonds have been executed by an incorporated surety company authorized to do a surety business in Kentucky, and when the claims are verified by the sheriff's affidavit. This section is intended to supersede subsection (1) of KRS 62.140 with respect to sheriffs whose fees are paid into the State Treasury. Effective: June 19, 1958 History: Amended 1958 Ky. Acts ch. 126, sec. 1, effective June 19, 1958. -- Amended 1948 Ky. Acts ch. 111, sec. 1. -- Created 1946 Ky. Acts ch. 171, sec. 1.

KRS 62.156 Sheriff's county levy bond, county to pay premiums on

62.156. Sheriff's county levy bond, county to pay premiums on Each sheriff who is required by law to furnish at his own expense a bond for the collection of county revenue shall have a claim against the county for the amount paid for the premium on his county revenue bond when the bond has been executed by an incorporated surety company authorized to do a surety business in Kentucky, and when the claim is verified by his affidavit. History: Created 1948 Ky. Acts ch. 211, sec. 1.

KRS 62.160 Bonds of state officers -- Minimum sum -- Increase or renewal

62.160. Bonds of state officers -- Minimum sum -- Increase or renewal (1) The state officers elected by the voters of the state at large, except the Governor and the Lieutenant Governor, the heads of departments, offices, and cabinets of the state government, the adjutant general, the members of the Public Service Commission, the members of the State Fair Board and Fish and Wildlife Resources Commission, and the members of the Board of Tax Appeals, Board of Claims, Crime Victims Compensation Board, and the Alcoholic Beverage Control Board, shall each give bond. The amounts of the bonds shall be fixed by the Governor, which amounts as to those offices set forth in subsection (2) of this section shall be not less than the amounts set forth for the respective offices. At any time when it appears to be to the interest of the Commonwealth, the Governor may increase the penal sum of any bond or require a renewal of the bond with other or additional surety. (2) The minimum sum of the bond for the following offices shall be as follows: Secretary of State .............................................................................................$10,000 Attorney General ................................................................................................10,000 State Treasurer .................................................................................................300,000 Secretary for economic development .................................................................10,000 Commissioner of Agriculture ............................................................................10,000 Secretary of education and labor ........................................................................10,000 Auditor of Public Accounts ...............................................................................25,000 Adjutant general .................................................................................................10,000 Secretary of finance and administration ...........................................................100,000 Commissioner of revenue ..................................................................................50,000 Secretary of transportation .................................................................................50,000 Commissioner of highways ................................................................................50,000 Secretary of justice and public safety .................................................................50,000 Secretary of corrections .....................................................................................25,000 Commissioner for public health services ...........................................................10,000 Commissioner for natural resources ..................................................................50,000 State librarian .......................................................................................................5,000 Commissioner of alcoholic beverage control ....................................................10,000 Commissioner of financial institutions ..............................................................25,000 Secretary for energy and environment ...............................................................50,000 Commissioner of insurance ...............................................................................50,000 Commissioner of vehicle regulation ..................................................................10,000 Commissioner of fish and wildlife resources ......................................................5,000 Secretary for health and family services ............................................................20,000 Commissioner of environmental protection ......................................................10,000 Secretary of public protection ............................................................................10,000 Secretary of tourism, arts and heritage ...............................................................25,000 Commissioner for community based services ...................................................20,000 Member of the Public Service Commission ......................................................10,000 Member of State Fair Board ..............................................................................10,000 Member of Fish and Wildlife Resources Commission ........................................1,000 Member of Board of Tax Appeals .....................................................................10,000 Member of Board of Claims ..............................................................................10,000 Member of Crime Victims Compensation Board ..............................................10,000 Associate member of Alcoholic Beverage Control Board ...................................5,000 Commissioner of local government .................................................................100,000 Effective: July 1, 2022 History: Amended 2022 Ky. Acts ch. 236, sec. 21, effective July 1, 2022. -- Amended 2021 Ky. Acts ch. 185, sec. 57, effective June 29, 2021. -- Amended 2017 Ky. Acts ch. 74, sec. 62, effective June 29, 2017. -- Amended 2010 Ky. Acts ch. 24, sec. 56, effective July 15, 2010. -- Amended 2009 Ky. Acts ch. 16, sec. 8, effective June 25, 2009. -- Amended 2007 Ky. Acts ch. 85, sec. 135, effective June 26, 2007. -- Amended 2006 Ky. Acts ch. 211, sec. 14, effective July 12, 2006. -- Amended 2005 Ky. Acts ch. 99, sec. 17, effective June 20, 2005; and ch. 123, sec. 12, effective June 20, 2005. -- Amended 2000 Ky. Acts ch. 14, sec. 7, effective July 14, 2000. -- Amended 1998 Ky. Acts ch. 426, sec. 88, effective July 15, 1998. -- Amended 1992 Ky. Acts ch. 13, sec. 12, effective July 14, 1992; and ch. 27, sec. 13, effective March 2, 1992. -- Amended 1980 Ky. Acts ch. 188, sec. 23, effective July 15, 1980. -- Amended 1978 Ky. Acts ch. 155, sec. 56, effective June 17, 1978; and ch. 379, sec. 56, effective April 1, 1979. -- Amended 1974 Ky. Acts ch. 74, Art. VIII, A., sec. 1. -- Amended 1966 Ky. Acts ch. 255, sec. 65. -- Created 1946 Ky. Acts ch. 27, sec. 1.

KRS 62.170 Bonds of state employees -- Blanket bonds -- Amount -- Insurance companies that may participate

62.170. Bonds of state employees -- Blanket bonds -- Amount -- Insurance companies that may participate (1) The secretary of the Finance and Administration Cabinet shall secure, except for state officers required by KRS 62.160 to file bond, blanket bonds, with or without cosureties, written on a blanket position form, to cover all other officers, employees, or deputies of the Commonwealth of Kentucky, including all judges, clerks, and employees of the Court of Justice, including all other members of boards or commissions or employees of those boards or commissions, and including all superintendents, receivers, or employees of penal or eleemosynary institutions managed or directed by the Justice and Public Safety Cabinet, the Cabinet for Health and Family Services, or any other department or agency of the Commonwealth of Kentucky. Nothing in this subsection shall be deemed to prohibit the securing of any such blanket position bond on a departmental, board, commission, agency, or institutional basis. (2) The secretary of the Finance and Administration Cabinet may secure one (1) or more excess blanket bonds, with or without cosureties, to cover selected groups of persons covered by the bond or bonds required in the preceding paragraph to provide additional coverage which he or she may deem necessary by the exposures indicated in accordance with the duties and responsibilities indicated by the personnel classification schedules of the Personnel Cabinet and, for Court of Justice officers and personnel, by the Administrative Office of the Courts and in accordance with the amounts of money and property handled by the respective officers and employees. (3) Such bond or bonds shall be written by and participated in only by insurance companies licensed by the Department of Insurance to do business in this state and shall be countersigned by a duly authorized licensed resident agent of the company. The bonds may be written with or without cosureties. Further, the bonds are to be a percentage of the total risks, the Department of Insurance to approve the amount of the risk written by any one (1) company. (4) The penal amount of the bond secured pursuant to this section shall be fixed by the secretary of the Finance and Administration Cabinet in accordance with the duties and responsibilities indicated by the personnel classification schedules of the Personnel Cabinet and, for Court of Justice officers and personnel, by the Administrative Office of the Courts, and in accordance with the amounts of money and property handled by the respective officers and employees. Effective: July 15, 2010 History: Amended 2010 Ky. Acts ch. 24, sec. 57, effective July 15, 2010. -- Amended 2007 Ky. Acts ch. 85, sec. 136, effective June 26, 2007. -- Amended 2005 Ky. Acts ch. 99, sec. 18, effective June 20, 2005. -- Amended 1998 Ky. Acts ch. 154, sec. 70, effective July 15, 1998; and ch. 426, sec. 89, effective July 15, 1998. -- Amended 1976 (1st Extra. Sess.) Ky. Acts ch. 22, sec. 76. -- Amended 1974 Ky. Acts ch. 74, Art. II, sec. 9(2); and Art. VI, sec. 36. -- Amended 1960 Ky. Acts ch. 101, sec. 1, effective June 16, 1960. -- Amended 1956 Ky. Acts ch. 153, sec. 1. -- Created 1946 Ky. Acts ch. 27, sec. 2.

KRS 62.180 Condition of bonds of state officers -- Ex officio liability

62.180. Condition of bonds of state officers -- Ex officio liability Each bond provided for in KRS 62.160 shall be a covenant to the Commonwealth of Kentucky that the principal will faithfully discharge his duties and will faithfully account for and pay over all money and property that may come into his possession by virtue of his office or position. Liability on the bond of any officer shall extend to any position held by him ex officio. Effective: May 18, 1956 History: Amended 1956 Ky. Acts ch. 153, sec. 2, effective May 18, 1956. -- Created 1946 Ky. Acts ch. 27, sec. 3.

KRS 62.190 Conditions of blanket bonds

62.190. Conditions of blanket bonds The bonds provided for by section 62.170 of the Kentucky Revised Statutes shall be covenants to the Commonwealth of Kentucky that the officers, employees or holders of positions covered by the bond will faithfully account for and pay over all money and property that may come into their possession by virtue of their office, employment or position. Effective: May 18, 1956 History: Amended 1956 Ky. Acts ch. 153, sec. 3, effective May 18, 1956. -- Amended 1950 Ky. Acts ch. 23, sec. 1. -- Created 1946 Ky. Acts ch. 27, sec. 4.

KRS 62.200 Corporate surety on bonds of state officers and employees -- Approval as to form and legality -- Filing

62.200. Corporate surety on bonds of state officers and employees -- Approval as to form and legality -- Filing (1) Each bond mentioned in KRS 62.160 to 62.190 shall be executed by a corporate surety authorized to do a surety business in Kentucky. No bond shall be accepted until it has been approved by the Attorney General as to form and legality, except the bond of the Attorney General which shall be accepted when approved in such respects by the Governor. (2) All bonds given pursuant to KRS 62.160 to 62.190, except the bond of the Secretary of State, shall be filed in the office of the Secretary of State. The bond of the Secretary of State shall be filed in the office of the Governor. History: Amended 1950 Ky. Acts ch. 23, sec. 2. -- Created 1946 Ky. Acts ch. 27, sec. 5.

KRS 62.210 Office of county clerk liable for acts of deputy clerk -- Liability of deputy clerk to county clerk

62.210. Office of county clerk liable for acts of deputy clerk -- Liability of deputy clerk to county clerk The office of county clerk, rather than the individual holder of the office, shall be liable for the acts or omissions of deputy clerks. When a deputy clerk omits to act or acts in such a way as to render the clerk responsible, and the clerk discharges such responsibility, the deputy clerk shall be liable to the clerk for all damages and costs which are caused by the deputy's act or omission. Effective: June 17, 1978 History: Created 1978 Ky. Acts ch. 364, sec. 1, effective June 17, 1978.

KRS 62.0501 Certain officers without bond given extension of time to comply -- Suspension of penalties

62.0501. Certain officers without bond given extension of time to comply -- Suspension of penalties Any officer currently in office who did not obtain a bond in conformity to the requirements of KRS 62.050 or other statute applicable to bonding of his office shall be deemed to have complied with the applicable provisions of law if he shall have in place within thirty (30) days of January 27, 1995, such a bond, and no penalty or other forfeiture authorized by KRS 62.990 or other statute for not having previously conformed with applicable provisions of law shall apply to the officer. Effective: January 27, 1995, retroactive to November 1, 1991 History: Created 1995 (2d Extra. Sess.) Ky. Acts ch. 4, sec. 1, effective January 27, 1995, retroactive to November 1, 1991.

KRS 62.0503 Validation of acts of certain officers without bonds -- Sunset provision

62.0503. Validation of acts of certain officers without bonds -- Sunset provision (1) Any act done, prior to his removal from office, by an officer removed from office pursuant to provisions of KRS 62.990 or other applicable statute for a violation of KRS 62.050 or other bonding statute is legalized, as against the Commonwealth, to the extent that the act may have been invalid solely because of failure to file the required bond in a timely manner. (2) Any act done by an officer subject to removal from office pursuant to the provisions of KRS 62.990 or other applicable statute for a violation of KRS 62.050 or other bonding statute is legalized, as against the Commonwealth, to the extent that the act may have been invalid solely because of failure to file the required bond, or to file the required bond in a timely manner. (3) The provisions of this section shall apply to any covered act done by any officer currently in office. (4) The provisions of this section shall expire on December 31, 1999. Effective: January 27, 1995, retroactive to November 1, 1991 History: Created 1995 (2d Extra. Sess.) Ky. Acts ch. 4, sec. 2, effective January 27, 1995, retroactive to November 1, 1991.

KRS 62.990 Penalties

62.990. Penalties (1) Any person who violates KRS 62.010(1) or 62.050(1) on or after the date thirty (30) days after January 27, 1995, shall be fined not less than five hundred dollars ($500) nor more than one thousand dollars ($1,000). (2) (a) If any person violates KRS 62.010(2) or (3) before January 1, 2010, his or her office shall be considered vacant. (b) If any person violates KRS 62.010(2) or (3) on or after January 1, 2010, his office shall be considered vacant, and he shall not be eligible for the same office for two (2) years. (3) Any person convicted or removed from office under subsection (2) of this section prior to January 10, 1995, may apply to the Circuit Court for relief from the disability of being unable to serve in office. The Circuit Court, upon receipt of the application, shall modify the sentence to remove the disability of holding the office. This subsection shall not be construed to require the removal from office of a person who has been appointed to fill the remainder of the term of a person removed from office under KRS 62.050 and 62.990. Effective: March 13, 2009 History: Amended 2009 Ky. Acts ch. 7, sec. 1, effective March 13, 2009. -- Amended 1995 (2d Extra. Sess.) Ky. Acts ch. 4, sec. 3, effective January 27, 1995, retroactive to November 1, 1991. -- Amended 1966 Ky. Acts ch. 255, sec. 66. -- Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. secs. 3753, 3755. Legislative Research Commission Note (3/13/2009). The Reviser of Statutes has corrected a manifest clerical or typographical error in this statute under the authority of KRS 7.136(1)(h). Legislative Research Commission Note (1/27/95; modified 8/26/97). The change in the fine for KRS 62.050 set out in subsection (1) of this statute is effective January 27, 1995, and the other changes to this statute made by 1995 (2d Extra. Sess.) Ky. Acts ch. 4, sec. 3 are retroactively effective to November 1, 1991, pursuant to 1995 (2d Extra. Sess.) ch. 4, sec. 5. (This note was modified for clarification and to correct the reference to subsection (1) of this statute.)

Source: Kentucky Legislative Research Commission (legislature.ky.gov)URL: https://apps.legislature.ky.gov/law/statutes/chapter.aspx?id=37309Fetched: 10/20/2026