A. The department shall provide surety bond coverage for all employees. Whenever an employee is required by another law to post bond or surety as a prerequisite to entering employment or assuming office, the requirement is met when coverage is provided for the office or position under the provisions of the Surety Bond Act [10-2-13 to 10-2-16 NMSA 1978]. Notwithstanding any other provisions of law, no state agency or employee shall purchase any employee surety bond other than pursuant to the provisions of the Surety Bond Act.
B. The secretary shall prescribe the amount of surety bond coverage by class of employee.
C. All or any part of the amount of surety bond coverage prescribed by the secretary may be covered by a schedule or blanket corporate surety bond.
D. The department may provide coverage for employees of covered educational entities through insurance, self-insurance or a combination thereof.
History: 1953 Comp., § 5-2-15, enacted by Laws 1978, ch. 132, § 3; 1986, ch. 102, § 2.
Repeals and reenactments. — Laws 1978, ch. 132, § 3, repealed 5-2-15, 1953 Comp. (former 10-2-15 NMSA 1978), relating to surety bonds required, and enacted a new 10-2-15 NMSA 1978.
Intent to cover all state officers and employees. — This section, by its language, "Notwithstanding any other provision of law," evidences legislative intent that the Surety Bond Act controls surety bond coverage of all state officers and employees. 1987 Op. Att'y Gen. No. 87-42.
Am. Jur. 2d, A.L.R. and C.J.S. references. — 67 C.J.S. Officers and Public Employees § 43.
Structure New Mexico Statutes
Chapter 10 - Public Officers and Employees
Section 10-2-1 - [Sureties on bonds; qualifications.]
Section 10-2-2 - [County or district officer not to be surety for another official.]
Section 10-2-3 - [State and county officers prohibited from being sureties.]
Section 10-2-4 - [Public officer becoming surety; misdemeanor in office.]
Section 10-2-5 - [Recording of bonds required.]
Section 10-2-6 - [Record of official bonds of state and district officers.]
Section 10-2-7 - [Filing of bonds by officials of state and state agencies.]
Section 10-2-8 - County and precinct officers; recording and filing bonds.
Section 10-2-9 - [Recording as prerequisite to discharging duties of office.]
Section 10-2-10 - [Action on bond; use of certified copy.]
Section 10-2-11 - [Recording fees; payment by officer.]
Section 10-2-13 - Short title.
Section 10-2-14 - Definitions.
Section 10-2-15 - Surety bond coverage.