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LEGISLATURE OF NEBRASKA
ONE HUNDRED SEVENTH LEGISLATURE
FIRST SESSION
LEGISLATIVE BILL 102
Introduced by Dorn, 30.
Read first time January 07, 2021
Committee: Judiciary
1 A BILL FOR AN ACT relating to courts; to amend sections 22-417, 23-120,
2 23-121, 24-337.04, 24-507, 32-524, 33-106.02, and 43-512.05, Reissue
3 Revised Statutes of Nebraska; to authorize county boards to
4 eliminate the office of elected clerk of the district court as
5 prescribed; to change provisions relating to consolidation of county
6 offices, duties of counties to supply materials, and residency
7 requirements for elected clerks of the district courts; to provide
8 for transitioning the duties of clerk of the district court in
9 certain counties to clerk magistrates; to change certain county
10 employees to state employees; to change provisions relating to
11 elections for clerks of the district court; to harmonize provisions;
12 and to repeal the original sections.
13 Be it enacted by the people of the State of Nebraska,
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1 Section 1. (1) Beginning July 1, 2023, in any county that has an
2 elected clerk of the district court, the county board may vote to
3 eliminate the office of the clerk of the district court when a vacancy
4 occurs pursuant to section 32-560 or when the incumbent does not file for
5 reelection by the deadline in section 32-606.
6 (2) If such a vacancy occurs, the county board may vote to eliminate
7 such office within forty-five days after such vacancy occurs.
8 (3) If the incumbent does not file for reelection by the deadline in
9 section 32-606, the county board may vote to eliminate such office prior
10 to the filing deadline in section 32-606 for a candidate who is not the
11 incumbent.
12 (4) If such office is eliminated, the duties of the clerk of the
13 district court shall be performed by the clerk magistrate for such county
14 as provided in subdivision (6)(d) of section 24-507.
15 Sec. 2. Section 22-417, Reissue Revised Statutes of Nebraska, is
16 amended to read:
17 22-417 (1) Any county may consolidate the office of clerk of the
18 district court, county assessor, county clerk, county engineer, county
19 surveyor, or register of deeds, except that the consolidated officeholder
20 shall meet the qualifications of each office as required by law. The
21 consolidated office shall have the powers and duties provided by law for
22 each office consolidated. The county board may adopt a resolution for the
23 consolidation of any of such offices and submit the issue of the
24 consolidated office to the registered voters for approval at the next
25 general election or at a special election called for such purpose. The
26 county board shall hold a public hearing prior to adoption of a
27 resolution for the consolidation of offices and shall give notice of the
28 hearing by publication in a newspaper of general circulation in the
29 county once each week for three consecutive weeks prior to the hearing.
30 Final publication shall be within seven calendar days prior to the
31 hearing. The notice shall describe the offices to be consolidated and
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1 that the holder of the offices to be consolidated shall have his or her
2 term of office end on the first Thursday after the first Tuesday in
3 January following the general election in which the holder of the
4 consolidated office is elected.
5 (2) The county board shall adopt the resolution for the
6 consolidation of offices by majority vote of the board and shall submit
7 the issue of consolidation to the registered voters for approval at the
8 next general election or at a special election called for such purpose.
9 For each consolidated office submitted for approval, the question shall
10 be submitted to the voters in substantially the following form:
11 "Shall (name of each office proposed to be consolidated) be
12 consolidated into one consolidated office according to the resolution
13 adopted by the county board of (name of county) on (date of adoption of
14 the resolution by the county board)? Yes No".
15 (3) If the majority of the registered voters in the county voting on
16 the question vote in favor of consolidation, the consolidated office
17 shall be filled at the next general election, and the terms of the
18 incumbents shall end on the first Thursday after the first Tuesday in
19 January following the general election in which the holder of the
20 consolidated office is elected.
21 (4) The term of a consolidated officer shall be four years or until
22 his or her successor is elected and qualified, except that the term of a
23 consolidated officer elected in the year 2000 or any fourth year
24 thereafter shall be two years or until his or her successor is elected
25 and qualified.
26 (5) Any election under this section shall be in accordance with the
27 Election Act.
28 Sec. 3. Section 23-120, Reissue Revised Statutes of Nebraska, is
29 amended to read:
30 23-120 (1)(a) (1) The county board shall acquire, purchase,
31 construct, renovate, remodel, furnish, equip, add to, improve, or provide
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1 a suitable courthouse, jail, and other county buildings and a site or
2 sites for such buildings therefor and for such purposes borrow money and
3 issue the bonds of the county to pay for the same. Agreements entered
4 into under section 25-412.03 shall be deemed to be in compliance with
5 this section. The board shall keep such buildings in repair and provide
6 suitable rooms, and offices, furniture, and equipment for the
7 accommodation of the:
8 (i) Several several courts of record, Nebraska Workers' Compensation
9 Court or any judge thereof, Commissioner of Labor for the conduct and
10 operation of the state free employment service, county board, county
11 clerk, county treasurer, county sheriff, clerk of the district court,
12 county surveyor, and county agricultural agent; , and county
13 (ii) Clerk of the district court, including counties in which the
14 clerk magistrate is performing the duties of the clerk of the district
15 court pursuant to section 24-507 or 32-524; and
16 (iii) County attorney if the county attorney holds his or her office
17 at the county seat and shall provide suitable furniture and equipment
18 therefor.
19 (b) All such courts which desire such accommodation shall be
20 suitably housed in the courthouse.
21 (2) No levy exceeding (a) two million dollars in counties having in
22 excess of two hundred fifty thousand inhabitants, (b) one million dollars
23 in counties having in excess of one hundred thousand inhabitants and not
24 in excess of two hundred fifty thousand inhabitants, (c) three hundred
25 thousand dollars in counties having in excess of thirty thousand
26 inhabitants and not in excess of one hundred thousand inhabitants, or (d)
27 one hundred fifty thousand dollars in all other counties shall be made
28 within a one-year period for any of the purposes specified in subsection
29 (1) of this section without first submitting the proposition to a vote of
30 the people of the county at a general election or a special election
31 ordered by the board for that purpose and obtaining the approval of a
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1 majority of the legal voters thereon.
2 (3)(a) The county board of any county in this state may, when
3 requested so to do by petition signed by at least a majority of the legal
4 voters in the county based on the average vote of the two preceding
5 general elections, make an annual levy of not to exceed seventeen and
6 five-tenths cents on each one hundred dollars upon the taxable value of
7 all the taxable property in the county for any of the purposes specified
8 in subsection (1) of this section.
9 (b) If a county on the day it first initiates a project for any of
10 the purposes specified in subsection (1) of this section had no bonded
11 indebtedness payable from its general fund levy, the county board may
12 make an annual levy of not to exceed five and two-tenths cents on each
13 one hundred dollars upon the taxable value of all the taxable property of
14 the county for a project or projects for any of the purposes specified in
15 subsection (1) of this section without the filing of a petition described
16 in subdivision (3)(a) of this section. The county board shall designate
17 the particular project for which such levy shall be expended, the period
18 of years, which shall not exceed twenty, for which the tax will be levied
19 for such project, and the number of cents of the levy for each year of
20 the levy thereof. The county board may designate more than one project
21 and levy a tax pursuant to this section for each such project,
22 concurrently or consecutively, as the case may be, if the aggregate levy
23 in each year and the duration of each levy will not exceed the
24 limitations specified in this subsection. Each levy for a project which
25 is authorized by this subdivision may be imposed for such duration
26 specified by the county board notwithstanding the contemporaneous
27 existence or subsequent imposition of any other levy or levies for
28 another project or projects imposed pursuant to this subdivision and
29 notwithstanding the subsequent issuance by the county of bonded
30 indebtedness payable from its general fund levy.
31 Sec. 4. Section 23-121, Reissue Revised Statutes of Nebraska, is
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1 amended to read:
2 23-121 The county board shall provide and keep in repair, when the
3 finances of the county will permit, suitable fireproof safes for the
4 county clerk and county treasurer. It shall provide suitable books and
5 stationery for the use of the county board, county clerk, county
6 treasurer, county judge, county sheriff, clerk of the district court, if
7 elected, county school administrator, county surveyor, and county
8 attorney.
9 Sec. 5. Section 24-337.04, Reissue Revised Statutes of Nebraska, is
10 amended to read:
11 24-337.04 A clerk of the district court elected after 2008 need not
12 be a resident of the county when he or she files for election as clerk of
13 the district court, but an elected a clerk of the district court shall
14 reside in a county for which he or she holds office.
15 Sec. 6. Section 24-507, Reissue Revised Statutes of Nebraska, is
16 amended to read:
17 24-507 (1) There shall be appointed a clerk magistrate to serve each
18 county. Clerk magistrates shall be appointed by the county judge, or
19 judges if the district has more than one county judge, and shall serve at
20 the pleasure of the county judge or judges, subject to personnel rules
21 adopted by the Supreme Court.
22 (2) The clerk magistrate shall be the clerk of the county court and
23 if appointed as clerk magistrate for more than one county shall be the
24 clerk of the county court for each county.
25 (3) In counties when the district court clerk or staff is
26 temporarily unavailable, the clerk magistrate as clerk of the county
27 court shall, under the direction of the district court judge and in
28 cooperation and agreement with the Supreme Court, State Court
29 Administrator, and clerk of the district court, assist the clerk of the
30 district court in the provision of district court services which would
31 otherwise require the presence of district court staff. Any agreement
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1 entered into under this subsection must be signed and stipulated to by
2 the State Court Administrator, the county board, and the clerk of the
3 district court after obtaining input from the clerk of the county court,
4 a district court judge, a county court judge, and the county attorney.
5 Any agreement entered into under this subsection may include, but is not
6 limited to, financial considerations and scheduling.
7 (4) For purposes of this section, transition date means:
8 (a) July 1, 2023, for district court judicial district numbers 8,
9 11, and 12; and
10 (b) July 1, 2024, for district court judicial district numbers 1, 2,
11 3, 4, 5, 6, 7, 9, and 10.
12 (5) Before the transition date:
13 (a) (4) When an agreement has been reached pursuant to subdivision
14 (1)(b) of section 32-524 or subsection (3) of section 32-524 for a clerk
15 magistrate as clerk of the county court to be ex officio clerk of the
16 district court, the clerk magistrate shall perform the duties required by
17 law of the clerk of the district court under the direction of the
18 district court judge for the county and the State Court Administrator;
19 and .
20 (b) In any county in which the office of clerk of the district court
21 was eliminated as provided in subdivision (1)(d) of section 32-524, the
22 clerk magistrate shall perform the duties required by law of the clerk of
23 the district court under the direction of the district court judge for
24 the county and the State Court Administrator.
25 (6) On and after the transition date:
26 (a) In any county in which, as of the transition date, the duties of
27 the clerk of the district court were being performed by the county clerk
28 as ex officio clerk of the district court, such duties shall be
29 transferred to the clerk magistrate for such county, who shall perform
30 the duties required by law of the clerk of the district court under the
31 direction of the district court judge for the county and the State Court
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1 Administrator;
2 (b) In any county in which, as of the transition date, an agreement
3 was in effect under this section between the county board of such county
4 and the State Court Administrator pursuant to which the clerk magistrate
5 acted as ex officio clerk of the district court and performed the duties
6 of such officer:
7 (i) The agreement shall terminate as of the transition date; and
8 (ii) The clerk magistrate for such county shall perform the duties
9 required by law of the clerk of the district court under the direction of
10 the district court judge for the county and the State Court
11 Administrator;
12 (c) In any county in which, as of the transition date, the duties of
13 the clerk of the district court were being performed by the clerk
14 magistrate pursuant to subdivision (5)(b) of this section and subdivision
15 (1)(d) of section 32-524, the clerk magistrate shall continue to perform
16 the duties required by law of the clerk of the district court under the
17 direction of the district court judge for the county and the State Court
18 Administrator; and
19 (d) In any county in which, on or after the transition date, the
20 office of clerk of the district court is eliminated as provided in
21 section 1 of this act or subsection (2) of section 32-524, the duties of
22 the clerk of the district court shall be transferred to the clerk
23 magistrate for such county,