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SB294 INTRODUCED
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SB294
PSHJDEG-1
By Senator Roberts
RFD: Banking and Insurance
First Read: 12-Feb-26
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PSHJDEG-1 02/12/2026 JWB (L)bm 2026-864
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First Read: 12-Feb-26
SYNOPSIS:
Under existing law, certain public officers and
employees are required to file a bond with an
appropriate office, and the failure to do so results in
the officer or employee vacating his or her position.
This bill would provide that county official
bonds are not governed by the requirements of state
official bonds.
This bill would require the office that receives
the filed bond to notify an officer required to file a
bond when the bond has become deficient.
This bill would authorize an officer to remedy
deficiencies within 15 days before his or her office is
vacated.
This bill would authorize the Division of Risk
Management to offer a program where employees and
officers required to file a bond may request the
division to forward the official bond to the
appropriate authority on behalf of the employee or
officer.
A BILL
TO BE ENTITLED
AN ACT
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AN ACT
Relating to bonding of public officers and employees;
to amend Sections 11-2-2, 36-5-2, 36-5-15, and 41-4-302, Code
of Alabama 1975, to require officials receiving filed bonds to
notify an officer when his or her bond is delinquent; to
authorize an officer to remedy a delinquent bond; to authorize
the Division of Risk Management to forward the official bond
of a public officer or employee to the appropriate authority
on his or her behalf; and to repeal Section 36-5-41, Code of
Alabama 1975, governing procedures and forms for additional
bonds of certain state officers.
BE IT ENACTED BY THE LEGISLATURE OF ALABAMA:
Section 1. Sections 11-2-2, 36-5-2, 36-5-15, and
41-4-302, Code of Alabama 1975, are amended to read as
follows:
"§11-2-2
The bonds required to be made of county officials by
the provisions of this Code shall be conditioned as now
provided by law and shall in all respects be subject to and
governed exclusively by the provisions of law governing,
regulating, concerning, and pertaining to official bonds,
except as may be in conflict with provisions of this
article this chapter . Chapter 5 of Title 36 shall not apply to
the bonding of county officials. "
"§36-5-2
(a) In all cases, official bonds must be filed in the
proper office within 40 days after the declaration of election
or after the appointment to office , except bonds of tax
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SB294 INTRODUCED
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or after the appointment to office , except bonds of tax
assessors and tax collectors which shall be filed on or before
September 1 next after their election or appointment .
(b) If, at the expiration of the 40 days, the bond has
not been filed, it is the duty of the officer in whose office
the bond is required to be filed to notify the officer
required to file the bond of the deficiency. If the deficiency
is not remedied within 15 days after notification of the
deficiency, Section 36-5-15 shall apply. "
"§36-5-15
If any officer required by law to give bond fails to
file the samebond within the time fixed by law and after first
being notified of a deficiency in the filing , hethe officer
shall vacates vacate his or her office. In such case, it is the
duty of the The officer in whose office suchthe bond is
required to be filed at once to , after a failure to remedy a
deficiency under Section 36-5-2, shall certify such failure to
the appointing power, and the vacancy mustshall be filled as
in other cases."
"§41-4-302
(a) The Division of Risk Management shall have the
authority to institute, manage, and administer programs of
insurance, not specifically enumerated herein and which do not
conflict with existing laws, upon a determination by the
Director of Finance and the Governor that such insurance
program or programs serve the best interests of the state.
(b) The Division of Risk Management may offer a program
to provide a scheduled position public official bond that
satisfies the requirement for the state blanket bond for state
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satisfies the requirement for the state blanket bond for state
officers and employees required to be bonded. A state officer
or employee must request in writing to participate in the
program and must specify if he or she is requesting the
Division of Risk Management to forward the public official
bond on his or her behalf to the appropriate authority. The
Division of Risk Management, with the approval of the Finance
Director, may adopt rules to implement and administer the
program.
(b)(c) Notwithstanding the provisions of Article 1,
commencing with Section 11-2-1, Chapter 2, Title 11, the state
blanket bond whichthat covers state officers and employees
required to be bonded shallmay be made available, if approved
by the county commission, to also cover sheriffs, judges of
probate, county commissioners, chairs of county commissions,
tax assessors, tax collectors, license commissioners, revenue
commissioners, and other county employees and county
elected county-elected officials who are required to be bonded
if the Governor and the Director of Finance determine that
extending the bond coverage to such local officials and
employees is in the best interest of the state. The Division
of Risk Management may assist in the procurement of a
scheduled position public official bond for local officials
and employees. Notice that coverage is provided under this
state blanket bond shall be evidenced by resolution of the
county commission, and the coverage shall satisfy all
provisions and requirements found in Article 1, commencing
with Section 11-2-1, Chapter 2, Title 11."
Section 2. Section 36-5-41, Code of Alabama 1975,
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Section 2. Section 36-5-41, Code of Alabama 1975,
governing the form and procedures of any additional bond
required of the Director of Finance, State Treasurer, or other
officers, is repealed.
Section 3. This act shall become effective on October
1, 2026.
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