§40-5-3. Bonds.  


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  • Before assuming office the tax collector must execute a bond in duplicate with a surety company authorized to do business in Alabama, payable to the State of Alabama, in an amount to be determined for every county by the Comptroller. The amount of the bond for each tax collector will be set at the beginning of his elected or appointed term for the duration of such term. A new bond for an additional amount may be required whenever, in the judgment of the Comptroller, the public welfare demands such action. The amount of the bond will be determined by the use of the following table based on a percentage of the total annual taxes collected as recorded in the latest audit report for each office published at least four months prior to the date the bond is required to be filed:

    TABLE FOR COMPUTING AMOUNT OF TAX COLLECTOR'S BOND.

    OverBut Not OverAmount of BondOf Excess Over
    Zero$ 250,000$25,000_____
    $ 250,000$1,000,000$25,000 + 5%$ 250,000
    $1,000,000_____$62,500 + 1%$1,000,000

    The bond of the tax collector shall be approved by the Comptroller, conditioned faithfully to discharge the duties of his office, which are or may be required of him by law during the time he continues therein or discharges any of the duties thereof. The bond, in duplicate, shall be sent to the office of the Comptroller on or before September 1, next after his election or, if appointed, prior to the date that he is to assume the duties of the office, for the Comptroller's approval. One copy shall be retained and filed in the Comptroller's office, and one copy shall be returned to the office of the probate judge to be filed and recorded in his office. The cost of the bond required by this section shall be paid out of the general fund of the county on a warrant of the county commission, and the same shall be a preferred claim against the county.

(Acts 1935, No. 194, p. 256; Acts 1935, No. 328, p. 754; Code 1940, T. 41, §77; Acts 1973, No. 1215, p. 2061.)