Bill Summary – FastDemocracy

0953.01000
     Sixty-eighth
     Legislative Assembly                    SENATE BILL NO. 2277
     of North Dakota
     Introduced by
       Senators Myrdal, Klein, Larson
       Representatives K. Anderson, Koppelman
  A BILL for an Act to amend and reenact sections 11-08-06, 11-08-11, 11-08-14, 11-10-02,
  11-10-11, 11-10-14, 11-10-20, 11-10-22, 11-10-28, and 11-22-01, subsection 2 of section
  12.1-32-08, and sections 27-01-01.1, 27-05.2-01, 27-05.2-02, and 27-05.2-04 of the North
  Dakota Century Code, relating to clerks of district court; to repeal section 27-05.2-07 of the
  North Dakota Century Code, relating to clerks of court; and to provide an appropriation.
  BE IT ENACTED BY THE LEGISLATIVE ASSEMBLY OF NORTH DAKOTA:
      SECTION 1. AMENDMENT. Section 11-08-06 of the North Dakota Century Code is
  amended and reenacted as follows:
      11-08-06. Officers in county adopting consolidated office form of government.
     In addition to the board of county commissioners provided for by this title, the officers in a
 county whichthat has adopted the county consolidated office form of government are as follows:
     1.   One county auditor who shall beis ex officio recorder and, unless the clerk of district
          court serving the county is an employee of the state judicial system, ex officio clerk of
          the district court.
     2.   One state's attorney.
     3.   One sheriff.
     4.   One county treasurer, unless the office with its attendant powers and duties is
          combined with and conferred upon the county auditor by the board of county
          commissioners but no added compensation may be paid the county auditor in saidthat
          capacity.
     5.   Repealed by S.L. 1989, ch. 137, § 10.
     6.   One coroner.
     SECTION 2. AMENDMENT. Section 11-08-11 of the North Dakota Century Code is
 amended and reenacted as follows:
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      11-08-11. Powers and duties of county auditor.
      The county auditor, in addition to the duties and powers conferred by law on that officer,
  shall perform the duties and functions and exercise the powers conferred on the recorder and,
  subject to subsection 1 of section 11-08-06, the clerk of the district court. The auditor shall beis
  the chief administrative officer of the county. The board of county commissioners may delegate
  to the county auditor such duties of an administrative or executive nature as are not specifically
  conferred by law upon other officers. SuchThe delegated duties shallmust be exercised by the
  county auditor under the supervision of the board of county commissioners.
      SECTION 3. AMENDMENT. Section 11-08-14 of the North Dakota Century Code is
 amended and reenacted as follows:
     11-08-14. Deputies and employees - Appointment - Compensation - Terms.
     Subject to the approval of the board of county commissioners, the county auditor may
 appoint a deputy auditor, and a deputy recorder, and, subject to subsection 1 of section
 11-08-06, a deputy clerk of the district court. The compensation of any such deputy appointed
 pursuant to this section shallmust be fixed by the board of county commissioners. The same
 personindividual may be appointed to serve as deputy in two or more offices. Subject to the
 approval of the board of county commissioners, the county auditor may employ such clerks,
 stenographers, and other county employees as may be required to perform the duties of the
 several offices under the auditor's direction. The compensation of the employees shallmust be
 fixed by the board of county commissioners. Any deputy or employee shall serve at the
 pleasure of the county auditor and may be appointed or employed to serve on a part-time basis.
     SECTION 4. AMENDMENT. Section 11-10-02 of the North Dakota Century Code is
 amended and reenacted as follows:
     11-10-02. Number and election of county officers.
     Each organized county, unless it has adopted one of the optional forms of county
 government provided by the code or has combined or separated the functions of county offices
 or redesignated offices as elective or appointive pursuant to chapter 11-10.2 or 11-10.3, must
 have the following officers:
     1.   One county auditor.
     2.   One recorder.
     3.   One county treasurer.
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      4.     One coroner.
      5.     A board of county commissioners consisting of three or five members as provided in
             this title.
  In addition, unless otherwise provided in section 11-10-02.3, each county must have an elected
  state's attorney and an elected sheriff. In counties having a population of six thousand or less,
  the recorder also serves as ex officio clerk of the district court. The required officers must be
  chosen by the qualified electors of the respective counties at the general election in each
  even-numbered year, except the recorder, county auditor, treasurer, sheriff, and state's attorney,
  who must be chosen in 1966 and every four years thereafter, the members of the board of
 county commissioners, who must be chosen in the manner prescribed in section 11-11-02, and
 the county coroner, who must be chosen in the manner prescribed in section 11-19.1-03.
     SECTION 5. AMENDMENT. Section 11-10-11 of the North Dakota Century Code is
 amended and reenacted as follows:
     11-10-11. Appointment and salary of deputies and clerksassistants.
     The salaries of deputies, clerks, and assistants for the county auditor, county treasurer,
 sheriff, recorder, ex officio clerk of the district court, and state's attorney must be fixed by a
 resolution of the board of county commissioners. Each of the named officers may appoint
 suchthe deputies, clerks, and assistants, in accordance with the budget, except none of the
 officers mentioned in this section may appoint as deputy any other officer mentioned in this
 section.
     SECTION 6. AMENDMENT. Section 11-10-14 of the North Dakota Century Code is
 amended and reenacted as follows:
     11-10-14. Fees received by county officers turned over to county treasurer.
     The salaries fixed by this chapter shall beare full compensation for all county officials,
 deputies, clerks, and assistants, respectively, and all fees and compensation received by any
 official, deputy, clerk, or assistant for any act or service rendered in an official capacity
 shallmust be accounted for and paid over monthly to the county treasurer and be credited to the
 general fund of saidthe county, except that suchthe official, deputy, clerk, and assistant shall be
 entitled tomay retain such fees as now are allowed to that officer and permitted by law or as
 may be hereafter permitted and allowed.
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       SECTION 7. AMENDMENT. Section 11-10-20 of the North Dakota Century Code is
  amended and reenacted as follows:
       11-10-20. Board of county commissioners to provide offices, courtroom, jail - Where
  public records kept - Authorization for central filing of documents of recorder and clerk
  of district court.
       The board of county commissioners shall provide a courtroom and jail, and shall provide
  offices in the courthouse of the county for the sheriff, county treasurer, recorder, auditor, clerk of
  the district court, state's attorney, county superintendent of schools, and any other officer who
  has charge of public records. If there is no courthouse in the county or if the courthouse erected
 has insufficient capacity, suchthe offices must be furnished by the county in a suitable building
 at the county seat for all elected officials, and at any place within the county for appointive or
 administrative officials, at the lowest rent to be obtained, provided that this section does not
 apply where county officials may serve more than one county as may be otherwise authorized
 by law. The board of county commissioners may provide by resolution for the filing in a single
 location of documents maintained by the recorder and the clerk of the district court. The
 resolution must state in which office the filing is to be done, the persons who are to have
 custody of and access to the central files, and must list the documents which are to be centrally
 filed.
      SECTION 8. AMENDMENT. Section 11-10-22 of the North Dakota Century Code is
 amended and reenacted as follows:
      11-10-22. Unlawful for officer to purchase county warrant or evidence of debt -
 Penalty.
      Every personindividual who, while an officer of any county of this state or the deputy or
 clerk of any such officer, directly or indirectly, buys or traffics in, or in anywise becomes a party
 to the purchase of, any county warrant or order, or any bill, account, claim, or evidence of
 indebtedness of the person'sindividual's county, for any sum less than the full face value
 thereof, is guilty of an infraction.
      SECTION 9. AMENDMENT. Section 11-10-28 of the North Dakota Century Code is
 amended and reenacted as follows:
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      11-10-28. Newly elected or appointed county officials - Training.
      Within one year of assuming office, an individual who is elected or appointed to the office of
  county commissioner, auditor, clerk of district court, recorder, or treasurer shall attend training
  based upon a curriculum specific to that office and approved by the statewide association for
  that office.
      SECTION 10. AMENDMENT. Section 11-22-01 of the North Dakota Century Code is
  amended and reenacted as follows:
      11-22-01. Sheriff, clerk of court, and public administrator may deposit funds
  entrusted to them with county treasurer.
     Any and all funds, other than fees and taxes, received by any sheriff, ex officio clerk of the
 district court, or public administrator by virtue of the office may be paid over and delivered to the
 treasurer of the county. Upon the delivery of the money to the treasurer, the officer depositing
 the same shall beis absolved from all liability for the safekeeping of the funds.
     SECTION 11. AMENDMENT. Subsection 2 of section 12.1-32-08 of the North Dakota
 Century Code is amended and reenacted as follows:
      2.   When the restitution ordered by the court under subsection 1 is the result of a finding
           that the defendant issued a check or draft without sufficient funds or without an
           account, the court shall impose as costs the greater of the sum of ten dollars or an
           amount equal to twenty-five percent of the amount of restitution ordered. The costs
           imposed under this subsection, however, may not exceed one thousand dollars. The
           state-employed clerks of district court shall remit the funds collected as costs under
           this subsection to the state treasurer for deposit in the restitution collection assistance
           fund. The funds deposited into the restitution collection assistance fund are
           appropriated to the judicial branch on a continuing basis for the purpose of defraying
           expenses incident to the collection of restitution, including operating expenses and the
           compensation of additional necessary personnel. The state's attorneys and
           county-employed clerks of district court shall remit the funds collected as costs under
           this subsection to the county treasurer to be deposited in the county general fund.
     SECTION 12. AMENDMENT. Section 27-01-01.1 of the North Dakota Century Code is
 amended and reenacted as follows:
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      27-01-01.1. Budgeting and financing of the supreme court and district courts.
      The state court administrator shall submit a comprehensive budget for the supreme court
  and the district courts to the legislative assembly. An informational copy of the budget must be
  delivered to the director of the budget pursuant to section 54-44.1-13. The budget for the district
  courts must include all salary and expenses for the district courts, including the juvenile courts,
  and their employees. Each county shall provide the district court in that county with adequate
  chamber, court, and law library quarters, and lights and fuel and appropriate facilities for clerk of
  court services that are state-funded pursuant to section 27-05.2-02. Any equipment, furnishings,
  and law libraries in the control and custody of the district court on January 1, 1980, and any
 such property acquired from that date until July 1, 1981, must continue to be in the district
 court's custody and control until the state court administrator determines such items are no
 longer needed by the court.
     SECTION 13. AMENDMENT. Section 27-05.2-01 of the North Dakota Century Code is
 amended and reenacted as follows:
     27-05.2-01. Statement of intent.
     It is the intent of the legislative assembly that adequate and proper judicial services,
 including clerk of district court services, be provided in each county in this state. It is also the
 intent of the legislative assembly that funding for clerk of district court services be provided by
 the state judicial system within the limits of legislative appropriations and in cooperation with the
 several boards of county commissioners of the various counties in this state.
     SECTION 14. AMENDMENT. Section 27-05.2-02 of the North Dakota Century Code is
 amended and reenacted as follows:
     27-05.2-02. State funding of clerk of district court services - Agreements to provide
 services - Transition schedule.
     1.    Except as provided in subsection 2, theThe supreme court, within the limits of
           legislative appropriations and pursuant to subsection 7, shall provide clerk of district
           court services in each county in the state. The supreme court may provide such
           services through clerks of district court, deputies, and assistants who are employees
           of the judicial system or through service agreements under subsection 6. The supreme
           court shall develop standards and procedures to ensure that adequate clerk of district
           court services are provided. "Clerk of district court services" means those duties and
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           services, as provided by statute or rule of the supreme court, that directly serve the
           judicial system and the provision of effective and efficient judicial services to the
           public. Beginning January 1, 2003, the individual designated by a board of county
           commissioners to provide clerk of district court services under subsection 2 or 6
           serves as ex officio clerk of district court. The salary and bond for the ex officio clerk of
           district court must be fixed by a resolution adopted by the board of county
           commissionersAt least one clerk of court or deputy must be located in each county in
           the state.
      2.   A county may elect to provide clerk of district court services at the county's own
          expense. The board of county commissioners shall forward to the supreme court a
          resolution indicating its election to provide services under this subsection. Such
          services must be provided in a manner consistent with standards and procedures
          established by the supreme court. If the county is unable to provide adequate clerk of
          district court services, the supreme court shall provide for those services in any
          manner it considers appropriate. If a county has entered into an agreement under
          subsection 6, the county may not provide clerk of district court services under this
          subsection until after the agreement has expired.
     3.   In a county in which the supreme court determines that at least five full-time
          employees are necessary to provide adequate clerk of district court services, the
          elected clerk of district court and clerk of court staff designated by the supreme court
          shall become employees of the state judicial system if the board of county
          commissioners consents to the transition after consultation with the elected clerk. This
          subsection applies upon receipt by the supreme court of a resolution adopted by the
          board of county commissioners indicating its consent. Any equipment, including
          technology-related equipment, and furnishings in the control and custody of the clerk
          of district court on the date the clerk becomes a state employee must remain in the
          control and custody of the clerk until the state court administrator determines the items
          are no longer needed. The clerk, upon becoming a state employee, shall receive a
          salary in an amount not less than the salary received as a county employee and shall
          remain an employee of the state judicial system until the clerk retires, resigns, or the
          term for which the clerk was initially elected expires, whichever occurs earlier.
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