9-3-301 - Misappropriation of state-shared funds by counties Withholding of funds Bond.
9-3-301. Misappropriation of state-shared funds by counties Withholding of funds Bond.
(a) In the event that any county official, department, commission or other agency of any county, misappropriates any funds paid to the county from state-shared revenues to the extent that such is in violation of any state law, the comptroller of the treasury, upon determination by a certified audit that such a misappropriation has occurred, shall certify the same to the commissioner of finance and administration.
(b) Upon such certification, the commissioner shall withhold, or cause to be withheld, from state-shared revenues from all other agencies, commissions, departments, or officials of the county, a sum equal to the ratio of the amount misappropriated during the fiscal year to all the state-shared revenues payable to all agencies or departments of the county during the fiscal year, as applied to the amount of state-shared revenues, the individual agency or department was due from state-shared revenues during the fiscal year.
(c) Any county official vested by law with the authority to administer state-shared funds shall furnish a good and sufficient bond in the amount of fifty thousand dollars ($50,000), or in a greater sum as the county legislative body may determine, payable to the state, to indemnify the county against the loss of any funds occurring as a result of such person's unlawful or dishonest acts. The bond shall be prepared in accordance with the provisions of title 8, chapter 19, approved by the county legislative body, recorded in the office of the county register of deeds and transmitted to the comptroller of the treasury for safekeeping.
[Acts 1972, ch. 835, § 1; 1977, ch. 270, § 15; T.C.A., §§ 9-316, 9-3-201; Acts 1985, ch. 118, § 8; 1998, ch. 677, § 13.]