reglab/statecodes huggingface dataset:
2023 Nebraska Revised Statutes › Chapter 23 - County Government and Officers › 23-2905 - District; petition; requirements.

23-2905.
District; petition; requirements.
Whenever a majority of the resident taxpayers of any such district, territory, neighborhood, or community intends or desires to form, organize, and establish a community building district which will be empowered to acquire and maintain a community building or buildings for the purposes set forth in section 23-2901 when the organization thereof is completed, they shall signify such intention or desire by presenting to the county board of the county in which the greater portion of the land proposed to be included in such district is situated a petition setting forth the desires and intentions of such petitioners. Such petition may be in the form of two or more separate petitions which read substantially the same except for the different signatures and addresses thereon. Such petition shall contain the full names and post office addresses of the petitioners, a statement of the area in square miles, and the complete description of the boundaries of the real properties to be embraced in the proposed district. When such proposed district includes any municipality, the petitions must be signed by a majority of the resident taxpayers within such municipality and by a majority of the resident taxpayers outside such municipality and within the boundaries of the proposed district.
Source
Laws 1977, LB 29, § 5.
2023 Nebraska Revised Statutes › Chapter 23 - County Government and Officers › 23-2906 - District; petition; hearing; notice.

23-2906.
District; petition; hearing; notice.
Upon receipt of such petition, the county board shall examine it to determine whether it complies with the requirements of section 23-2905. Upon finding that such petition complies with such requirements, the county board shall set a hearing thereon and cause notice thereof to be published at least three successive weeks in a newspaper of general circulation throughout the area to be included in the proposed district. Such notice shall contain a statement of the information contained in such petition and of the date, time, and place at which the hearing shall be held and that at such hearing proposals may be submitted for the exclusion of land from or the inclusion of additional land in the proposed district. If the proposed district lies in two or more counties, the hearing shall be held before the combined boards of all counties interested and the time and place thereof shall be as mutually agreed by such boards.
Source
Laws 1977, LB 29, § 6.
2023 Nebraska Revised Statutes › Chapter 23 - County Government and Officers › 23-2907 - District; boundaries; election.

23-2907.
District; boundaries; election.
After completion of the hearing required by section 23-2906, the county board, if it determines that formation of the proposed district would promote public health, convenience, or welfare, shall propose such changes in the boundaries of such proposed district or of the areas into which such proposed district is to be divided as it shall deem proper. The county board shall call a special election for the purpose of approval of the formation of such district and the boundaries thereof by a majority of the qualified electors of the area affected by such district, or may submit the question of approval to be voted upon at any primary or general election.
Source
Laws 1977, LB 29, § 7.
2023 Nebraska Revised Statutes › Chapter 23 - County Government and Officers › 23-2908 - District; voter approval; board of trustees; how appointed; officers.

23-2908.
District; voter approval; board of trustees; how appointed; officers.
If the voters approve the formation and boundaries of the district, permanent organization shall be effected by the appointment by the county board of a board of trustees consisting of five residents of the district if the district includes territory in five townships or less. If the district embraces or includes territory in more than five townships, each township shall be represented on the board of trustees by one trustee who shall be a resident of the township. All trustees shall be appointed for two years and hold office until their successors have been appointed, except at the first appointment at least two trustees shall be appointed for one-year terms. The board of trustees shall organize by electing a president, vice president, and secretary-treasurer from the members of the board for a term of one year. All officers shall serve without pay.
Source
Laws 1977, LB 29, § 8.
2023 Nebraska Revised Statutes › Chapter 23 - County Government and Officers › 23-2909 - Board of trustees; budget statement; tax; levied; warrants.

23-2909.
Board of trustees; budget statement; tax; levied; warrants.
The board of trustees shall annually fix the amount of money for the proposed budget statement as may be deemed sufficient and necessary for carrying out the proposed policy in regard to the contemplated building or buildings for the ensuing fiscal year. After the adoption of the district's budget statement, the president and secretary shall certify the amount to be received from taxation, according to the adopted budget statement, to the proper county clerk or county clerks and the proper county board or boards which may levy a tax subject to section 77-3443, not to exceed the amount so certified nor to exceed one and seven-tenths cents on each one hundred dollars upon the taxable value of all the taxable property in such district, for the acquisition or maintenance of the building or buildings in the district for the fiscal year as provided by law. Such tax shall be collected as other taxes are collected in the county by the county treasurer, shall be placed to the credit of the district so authorizing the same, and shall be paid to the treasurer of the district upon warrants drawn upon the fund by the board of trustees of the district. Such warrants shall bear the signature of the president and the countersignature of the secretary of the district. The amount of the tax levy shall not exceed the amount of funds required to defray the expenses of the district for a period of one year as set forth in the adopted budget statement.
Source
Laws 1977, LB 29, § 9;
Laws 1979, LB 187, § 257;
Laws 1992, LB 719A, § 109;
Laws 1996, LB 1114, § 47.
2023 Nebraska Revised Statutes › Chapter 23 - County Government and Officers › 23-2911 - District; unpaid warrants; interest; rate.

23-2911.
District; unpaid warrants; interest; rate.
All warrants for the payment of any indebtedness of such a district, which are unpaid for want of funds, shall bear interest, not to exceed six percent per annum, from the date of the registering of such unpaid warrants with the district treasurer. The amount of such warrants shall not exceed the revenue provided for the year in which the indebtedness was incurred.
Source
Laws 1977, LB 29, § 11.
2023 Nebraska Revised Statutes › Chapter 23 - County Government and Officers › 23-2912 - District; territory; added or withdrawn; procedure.

23-2912.
District; territory; added or withdrawn; procedure.
Lands may be added to or withdrawn from such district in the manner provided for its formation, but no withdrawal may be allowed if the result thereof would be to reduce the remaining territory included in the district below the minimum area provided in section 23-2904.
Source
Laws 1977, LB 29, § 12.
2023 Nebraska Revised Statutes › Chapter 23 - County Government and Officers › 23-2913 - District; territory withdrawn; outstanding obligations; liability.

23-2913.
District; territory withdrawn; outstanding obligations; liability.
Any area withdrawn from a district shall be subject to assessment and be otherwise chargeable for the payment and discharge of all of the obligations outstanding at the time of the filing of the petition for the withdrawal of the area as fully as though the area had not been withdrawn. All provisions which could be used to compel the payment by a withdrawn area of its portion of the outstanding obligations had the withdrawal not occurred may be used to compel the payment on the part of the area of the portion of the outstanding obligations of the district for which it is liable.
Source
Laws 1977, LB 29, § 13.
2023 Nebraska Revised Statutes › Chapter 23 - County Government and Officers › 23-2914 - District; territory withdrawn; obligations; when not liable.

23-2914.
District; territory withdrawn; obligations; when not liable.
An area withdrawn from a district shall not be subject to assessment or otherwise chargeable for any obligation of any nature or kind incurred after the withdrawal of the area.
Source
Laws 1977, LB 29, § 14.
2023 Nebraska Revised Statutes › Chapter 23 - County Government and Officers › 23-2915 - District; dissolution; procedure.

23-2915.
District; dissolution; procedure.
Any district subject to the provisions of sections 23-2904 to 23-2915 which has no outstanding indebtedness may be dissolved in the manner provided for formation of such districts. When such dissolution is ordered, any remaining funds of the district shall be transferred to the counties in which the district is situated in the same proportion as the area of the district in each county bears to the total area of the district, and such funds shall be deposited in the general fund of the respective counties.
Source
Laws 1977, LB 29, § 15.
2023 Nebraska Revised Statutes › Chapter 23 - County Government and Officers › 23-3101 - Act, how cited.

23-3101.
Act, how cited.
Sections 23-3101 to 23-3115 shall be known and may be cited as the County Purchasing Act.
Source
Laws 1985, LB 393, § 1;
Laws 1988, LB 828, § 3.
2023 Nebraska Revised Statutes › Chapter 23 - County Government and Officers › 23-3102 - Purpose of act.

23-3102.
Purpose of act.
The purpose of the County Purchasing Act is to provide a uniform purchasing procedure for county purchases of equipment, supplies, other items of personal property, and services and to provide for county sales of surplus personal property which is obsolete or not usable by the county.
Source
Laws 1985, LB 393, § 2;
Laws 1988, LB 828, § 4.
2023 Nebraska Revised Statutes › Chapter 23 - County Government and Officers › 23-3104 - Terms, defined.

23-3104.
Terms, defined.
As used in the County Purchasing Act, unless the context otherwise requires:
(1) Mobile equipment means all vehicles propelled by any power other than muscular, including, but not limited to, motor vehicles, off-road designed vehicles, motorcycles, passenger cars, self-propelled mobile homes, truck-tractors, trucks, cabin trailers, semitrailers, trailers, utility trailers, and road and general-purpose construction and maintenance machinery not designed or used primarily for the transportation of persons or property, including, but not limited to, ditchdigging apparatus, asphalt spreaders, bucket loaders, leveling graders, earthmoving carryalls, power shovels, earthmoving equipment, and crawler tractors;
(2) Personal property includes, but is not limited to, supplies, materials, mobile equipment, and equipment used by or furnished to any county officer, office, department, institution, board, or other agency of the county government. Personal property does not include election ballots;
(3) Services means any and all services except telephone, telegraph, postal, and electric light and power service, other similar services, and election contractual services; and
(4) Purchasing or purchase means the obtaining of personal property or services by sale, lease, or other contractual means. Purchase also includes contracting with sheltered workshops for products or services as provided in Chapter 48, article 15. Purchasing or purchase does not include any purchase or lease of personal property or services by a facility established under section 23-3501 or by or on behalf of a county coroner.
Source
Laws 1943, c. 57, § 5, p. 228;
R.S.1943, § 23-324.03;
R.S.1943, (1983), § 23-324.03;
Laws 1985, LB 393, § 4;
Laws 1988, LB 602, § 1;
Laws 1988, LB 828, § 5;
Laws 2003, LB 41, § 1;
Laws 2011, LB628, § 1;
Laws 2012, LB995, § 1;
Laws 2017, LB458, § 1.
2023 Nebraska Revised Statutes › Chapter 23 - County Government and Officers › 23-3105 - Purchasing agent; compensation; bond.

23-3105.
Purchasing agent; compensation; bond.
The governing board of a county with a population of more than one hundred fifty thousand shall and the governing board of any other county may employ a purchasing agent who shall not be a county officer of the county. All purchases made from appropriated funds of the county shall be made through the purchasing agent. The county board shall pay the agent for such services as shall be agreed upon at the time of employment. The person so employed and designated shall serve at the pleasure of the county board and give bond to the county in such amount as the county board shall prescribe.
Source
Laws 1943, c. 57, § 3, p. 227;
R.S.1943, § 23-324.01;
Laws 1974, LB 1007, § 2;
R.S.1943, (1983), § 23-324.01;
Laws 1985, LB 393, § 5;
Laws 1988, LB 602, § 2.
2023 Nebraska Revised Statutes › Chapter 23 - County Government and Officers › 23-3106 - Purchasing agent or county board; powers; election supplies.

23-3106.
Purchasing agent or county board; powers; election supplies.
The purchasing agent, under the supervision of the county board, or the county board, if there is no purchasing agent, shall purchase all personal property and services required by any office, officer, department, or agency of the county government in the county, subject to the County Purchasing Act. The purchasing agent or the county board, if there is no purchasing agent, shall draw up and enforce standard specifications which shall apply to all personal property purchased for the use of the county government, shall have charge of all central storerooms operated or established by the county board, and shall transfer personal property to or between the several county offices, officers, and departments. All purchases of election ballots and election contractual services shall be made by the election commissioner or by the county clerk in counties without an election commissioner.
Source
Laws 1943, c. 57, § 4, p. 228;
R.S.1943, § 23-324.02;
R.S.1943, (1983), § 23-324.02;
Laws 1985, LB 393, § 6;
Laws 1988, LB 602, § 3;
Laws 1988, LB 828, § 6.
2023 Nebraska Revised Statutes › Chapter 23 - County Government and Officers › 23-3107 - County board or purchasing agent; administrative duties.

23-3107.
County board or purchasing agent; administrative duties.
The county board or purchasing agent, subject to the approval of the county board, shall: (1) Prescribe the manner in which personal property shall be purchased, delivered, and distributed; (2) prescribe dates for making estimates, the future period which they are to cover, the form in which they are submitted, and the manner of their authentication; (3) revise forms from time to time as conditions warrant; (4) provide for the transfer to and between county departments and agencies of personal property which is surplus with one department or agency but which may be needed by another or others; (5) dispose of by sale personal property which has been declared by the county board to be surplus and which is obsolete or not usable by the county. Except as otherwise provided in subsection (2) of section 23-3115, such property with a value of less than two thousand five hundred dollars may be sold without competitive bidding. Except as otherwise provided in subsection (2) of section 23-3115, property with a value of two thousand five hundred dollars or more shall be sold through competitive bidding; (6) prescribe the amount of cash deposit or bond to be submitted with a bid on a contract and the amount of deposit or bond to be given for the performance of a contract, if the amount of the bond is not specifically provided by law; and (7) prescribe the manner in which claims for personal property or services delivered to any department or agency of the county shall be submitted, approved, and paid.
Source
Laws 1943, c. 57, § 6, p. 228;
R.S.1943, § 23-324.04;
R.S.1943, (1983), § 23-324.04;
Laws 1985, LB 393, § 7;
Laws 1988, LB 828, § 7;
Laws 2003, LB 41, § 2;
Laws 2011, LB628, § 2.
2023 Nebraska Revised Statutes › Chapter 23 - County Government and Officers › 23-3108 - Purchases; how made.

23-3108.
Purchases; how made.
(1) Except as provided in section 23-3109, purchases of personal property or services by the county board or purchasing agent shall be made:
(a) Through the competitive sealed bidding process prescribed in section 23-3111 if the estimated value of the purchase is fifty thousand dollars or more;
(b) By securing and recording at least three informal bids, if practicable, if the estimated value of the purchase is equal to or exceeds ten thousand dollars, but is less than fifty thousand dollars; or
(c) By purchasing in the open market if the estimated value of the purchase is less than ten thousand dollars, subject to section 23-3112. In any county having a population of less than one hundred thousand inhabitants and in which the county board has not appointed a purchasing agent pursuant to section 23-3105, all elected officials are hereby authorized to make purchases with an estimated value less than ten thousand dollars.
(2) In no case shall a purchase made pursuant to subdivision (1)(a), (b), or (c) of this section be divided to produce several purchases which are of an estimated value below that established in the relevant subdivision.
(3) All contracts and leases shall be approved as to form by the county attorney, and a copy of each long-term contract or lease shall be filed with the county clerk.
Source
Laws 1985, LB 393, § 8;
Laws 1987, LB 55, § 1;
Laws 2003, LB 41, § 3;
Laws 2018, LB1098, § 1.
2023 Nebraska Revised Statutes › Chapter 23 - County Government and Officers › 23-3109 - Competitive bidding; when not required; waiver of bidding requirements; when.

23-3109.
Competitive bidding; when not required; waiver of bidding requirements; when.
(1) Competitive bidding shall not be required (a) when purchasing unique or noncompetitive items, (b) when purchasing petroleum products, (c) when obtaining professional services or equipment maintenance, or (d) when the price has been established by one of the following: (i) The federal General Services Administration; (ii) the materiel division of the Department of Administrative Services; or (iii) a cooperative purchasing agreement by which supplies, equipment, or services are procured in accordance with a contract established by another governmental entity or group of governmental entities if the contract was established in accordance with the laws and regulations applicable to the establishing governmental entity or, if a group, the lead governmental entity.
(2) The county board may, by majority vote of its members, waive the bidding requirements of the County Purchasing Act if such waiver is necessary to meet an emergency which threatens serious loss of life, health, or property in the county.
(3) The governing board may waive the bidding requirements of the County Purchasing Act if the county can save a significant amount of money by entering into a special purchase. The county board shall, five days prior to such special purchase, publish notice of its intention to make such a special purchase, stating the items considered and inviting informal quotes. A two-thirds vote of the entire county board shall approve such special purchase.
Source
Laws 1985, LB 393, § 9;
Laws 2003, LB 41, § 4.
2023 Nebraska Revised Statutes › Chapter 23 - County Government and Officers › 23-3110 - Competitive bidding; considerations.

23-3110.
Competitive bidding; considerations.
In awarding the bid, the following elements shall be given consideration when applicable:
(1) The price;
(2) The ability, capacity, and skill of the supplier to perform;
(3) The character, integrity, reputation, judgment, experience, and efficiency of the supplier;
(4) The quality of previous performance;
(5) Whether the supplier can perform within the time specified;
(6) The previous and existing compliance of the supplier with laws relating to the purchase or contract;
(7) The life-cost of the personal property or service in relation to the purchase price and the specific use;
(8) The performance of the personal property or service taking into consideration any commonly accepted tests and standards of product or service usability and user requirements;
(9) The energy efficiency ratio as stated by the supplier;
(10) The life-cycle costs between alternatives for all classes of equipment, the evidence of expected life, the repair and maintenance costs, and the energy consumption on a per year basis; and
(11) Such other information as may be secured having a bearing on the decision.
Source
Laws 1985, LB 393, § 10.
2023 Nebraska Revised Statutes › Chapter 23 - County Government and Officers › 23-3111 - Competitive bidding; procedure.

23-3111.
Competitive bidding; procedure.
When competitive sealed bidding is required by section 23-3108:
(1) Sealed bids shall be solicited by public notice in a legal newspaper of general circulation in the county at least once a week for two consecutive weeks before the final date of submitting bids;
(2) In addition to subdivision (1) of this section, sealed bids may also be solicited by sending requests by mail to prospective suppliers and by posting notice on a public bulletin board;
(3) The notice shall contain: (a) A general description of the proposed purchase; (b) an invitation for sealed bids; (c) the name of the county official in charge of receiving the bids; (d) the date, time, and place the bids received shall be opened; and (e) whether alternative items will be considered;
(4) All bids shall remain sealed until opened on the published date and time by the county board or its designated agent;
(5) Any or all bids may be rejected and the bid need not be awarded at the time of opening, but may be held over for further consideration;
(6) If all bids received on a pending contract are for the same unit price or total amount and appear to be so as the result of collusion between the bidders, the county board or purchasing agent shall have authority to reject all bids and to purchase the personal property or services in the open market, except that the price paid in the open market shall not exceed the bid price;
(7) Each bid, with the name of bidder, shall be entered on a record and each record, with the successful bidder indicated thereon, shall, after the award or contract, be open to public inspection; and
(8) All lettings on such bids shall be public and shall be conducted as provided in Chapter 73, article 1.
Source
Laws 1985, LB 393, § 11.
2023 Nebraska Revised Statutes › Chapter 23 - County Government and Officers › 23-3112 - Insufficient funds; compliance with budget; wrongful purchase, effect.

23-3112.
Insufficient funds; compliance with budget; wrongful purchase, effect.
Except in an emergency, which the county board shall declare by resolution, no order for delivery on a contract on open market order for personal property or services for any county department or agency shall be awarded until the county clerk is satisfied that the unencumbered balance in the fund concerned, in excess of all unpaid obligations, is sufficient to defray the cost of such order or contract or the county clerk is satisfied that the purchase is one contemplated in the terms of the county budget as set up by the county board. Whenever any officer, office, department, or agency of the county government shall purchase or contract for any personal property or services contrary to the County Purchasing Act, such order or contract shall be void. The county officer or the head of such department or agency shall be personally liable for the costs of such order or contract and, if already paid for out of county funds, the amount may be recovered in the name of the county in an appropriate action.
Source
Laws 1943, c. 57, § 8, p. 230;
R.S.1943, § 23-324.06;
R.S.1943, (1983), § 23-324.06;
Laws 1985, LB 393, § 12.
2023 Nebraska Revised Statutes › Chapter 23 - County Government and Officers › 23-3113 - Purchasing agent or staff; financial interest prohibited; penalty; county board; limitation.

23-3113.
Purchasing agent or staff; financial interest prohibited; penalty; county board; limitation.
(1) Neither the county purchasing agent nor any member of his or her office staff, if any, shall be financially interested in or have any personal beneficial interest, either directly or indirectly, in any contract or purchase order for any personal property or services used by or furnished to any office, officer, department, or agency of the county government, nor shall such purchasing agent or a member of his or her staff, if any, receive directly or indirectly, from any person, firm, or corporation to which any contract or purchase order may be awarded, by rebate, gift, or otherwise, any money, anything of value whatsoever, or any promise, obligation, or contract for future reward or compensation. Any county purchasing agent or any member of his or her office staff, if any, who violates any of the provisions of the County Purchasing Act shall, upon conviction thereof, be guilty of a Class IV felony. All contracts or agreements in violation of this section are declared unlawful and shall be wholly void as an obligation against the county.
(2) If there is no purchasing agent, the county board acting pursuant to the County Purchasing Act shall be subject to section 49-14,103.01.
Source
Laws 1943, c. 57, § 9, p. 230;
R.S.1943, § 23-324.07;
Laws 1983, LB 370, § 15;
R.S.1943, (1983), § 23-324.07;
Laws 1985, LB 393, § 13;
Laws 1986, LB 548, § 10.
2023 Nebraska Revised Statutes › Chapter 23 - County Government and Officers › 23-3114 - Equipment; lease; contract.

23-3114.
Equipment; lease; contract.
The county board, in addition to other powers granted it by law, may enter into contracts for lease of real or personal property for authorized purposes. Such leases shall not be restricted to a single year and may provide for the purchase of the property in installment payments. This section shall be in addition to and notwithstanding the provisions of sections 23-132 and 23-916.
Source
Laws 1967, c. 115, § 1, p. 363;
R.S.1943, (1983), § 23-324.08;
Laws 1985, LB 393, § 14.
2023 Nebraska Revised Statutes › Chapter 23 - County Government and Officers › 23-3115 - Surplus personal property other than mobile equipment; surplus mobile equipment; sale; conditions.

23-3115.
Surplus personal property other than mobile equipment; surplus mobile equipment; sale; conditions.
(1) The county board or the purchasing agent, with the approval of the county board, may authorize a county official or employee to sell surplus personal property, other than mobile equipment, which is obsolete or not usable by the county and which has a value of less than two thousand five hundred dollars. In making such authorization, the county board or purchasing agent may place any restriction on the type or value of property to be sold, restrict such authority to a single transaction or to a period of time, or make any other appropriate restrictions or conditions.
(2) The county board or the purchasing agent, with the approval of the county board, may authorize a county official or employee to sell surplus mobile equipment which is obsolete or not usable by the county and which has a value of less than five thousand dollars. Surplus mobile equipment which is obsolete or not usable by the county and which has a value of five thousand dollars or more shall be sold through competitive bidding.
(3) Any county official or employee granted the authority to sell surplus personal property which is obsolete or not usable by the county as prescribed in subsection (1) or (2) of this section shall make a written report to the county board within thirty days after the end of the fiscal year reflecting, for each transaction, the item sold, the name and address of the purchaser, the price paid by the purchaser for each item, and the total amount paid by the purchaser.
(4) The money generated by any sales authorized by this section shall be payable to the county treasurer and shall be credited to the funds of the department, office, or agency to which the property belonged.
(5) No person authorized by the county board or purchasing agent to make such sales shall be authorized to make or imply any warranty of any kind whatsoever as to the nature, use, condition, or fitness for a particular purpose of any property sold pursuant to this section. Any person making sales authorized by this section shall inform the purchaser that such property is being sold as is without any warranty of any kind whatsoever.
Source
Laws 1988, LB 828, § 2;
Laws 2011, LB628, § 3.
2023 Nebraska Revised Statutes › Chapter 23 - County Government and Officers › 23-3201 - County assessor; elected; when; duties; county assessor, defined; additional salary for county clerk.

23-3201.
County assessor; elected; when; duties; county assessor, defined; additional salary for county clerk.
Except as provided in section 22-417, (1) each county having a population of more than three thousand five hundred inhabitants and having more than one thousand two hundred tax returns in any tax year shall have an elected county assessor and (2) each other county shall have an elected county assessor or shall have the county clerk serve as county assessor as determined by the registered voters of the county in accordance with section 32-519.
The county assessor shall work full time and his or her office shall be separate from that of the county clerk except in counties which do not elect a full-time assessor.
For purposes of sections 23-3201 to 23-3210, county assessor shall mean a county assessor or a county clerk who is the ex officio county assessor. For the performance of the duties as county assessor, the county clerk shall receive such additional salary as may be fixed by the county board.
Source
Laws 1959, c. 85, § 1, p. 391;
Laws 1961, c. 146, § 7, p. 428;
R.S.1943, (1988), § 32-310.01;
Laws 1990, LB 821, § 16;
Laws 1992, LB 1063, § 19;
Laws 1992, Second Spec. Sess., LB 1, § 19;
Laws 1994, LB 76, § 544;
Laws 1996, LB 1085, § 36.
Cross References
Election and term, see section 32-519.
2023 Nebraska Revised Statutes › Chapter 23 - County Government and Officers › 23-3202 - County assessor or deputy; county assessor certificate; required; exception.

23-3202.
County assessor or deputy; county assessor certificate; required; exception.
No person shall be eligible to file for, be appointed to, or hold the office of county assessor or serve as deputy assessor in any county of this state unless he or she holds a county assessor certificate issued pursuant to section 77-422.
Source
Laws 1969, c. 623, § 3, p. 2521;
Laws 1983, LB 245, § 2;
R.S.1943, (1986), § 77-423;
Laws 1990, LB 821, § 17;
Laws 1999, LB 194, § 3;
Laws 2000, LB 968, § 14;
Laws 2006, LB 808, § 22;
Laws 2009, LB121, § 3.
Annotations
The right of a person elected county assessor to assume office may be tested in quo waranto, mandamus, or injunction even though no election contest is filed. Shear v. County Board of Commissioners, 187 Neb. 849, 195 N.W.2d 151 (1972).
2023 Nebraska Revised Statutes › Chapter 23 - County Government and Officers › 23-3203 - County clerk acting as ex officio county assessor; county assessor certificate; required.

23-3203.
County clerk acting as ex officio county assessor; county assessor certificate; required.
No person shall be eligible to file for, assume, or be appointed to the office of county clerk acting as ex officio county assessor unless he or she holds a county assessor certificate issued pursuant to section 77-422.
Source
Laws 1969, c. 622, § 13, p. 2517;
R.S.1943, (1981), § 77-1337;
Laws 1986, LB 817, § 10;
Laws 1987, LB 508, § 13;
R.S.Supp.,1988, § 77-429;
Laws 1990, LB 821, § 18.
2023 Nebraska Revised Statutes › Chapter 23 - County Government and Officers › 23-3204 - County assessor; residence requirements.

23-3204.
County assessor; residence requirements.
A county assessor need not be a resident of the county when he or she files for election as county assessor, but a county assessor shall reside in a county for which he or she holds office.
Source
Laws 1969, c. 623, § 6, p. 2522;
R.S.1943, (1986), § 77-426;
Laws 1990, LB 821, § 19;
Laws 1996, LB 1085, § 37.
2023 Nebraska Revised Statutes › Chapter 23 - County Government and Officers › 23-3205 - County assessor; oath; bond.

23-3205.
County assessor; oath; bond.
The county assessor, before entering upon the duties of the office, shall take and subscribe an oath to perform well, faithfully, and impartially such duties and shall execute a bond as required by Chapter 11, article 1.
Source
Laws 1903, c. 73, § 21, p. 393;
R.S.1913, § 6307;
Laws 1921, c. 133, art. IV, § 1, p. 551;
C.S.1929, § 77-401;
R.S.1943, § 77-401;
Laws 1969, c. 52, § 2, p. 352;
Laws 1987, LB 508, § 7;
R.S.Supp.,1988, § 77-401;
Laws 1990, LB 821, § 20.
Cross References
For form of oath, see section 11-101.
For other provisions relating to bond, see Chapter 11, article 1.
Annotations
Elected county officials are required to give individual official bonds. Blanket bond is not sufficient. Foote v. County of Adams, 163 Neb. 406, 80 N.W.2d 179 (1956).
2023 Nebraska Revised Statutes › Chapter 23 - County Government and Officers › 23-3206 - County assessor in counties over 200,000 population; deputies.

23-3206.
County assessor in counties over 200,000 population; deputies.
In counties having a population of over two hundred thousand, the county assessor shall have two chief deputies, a chief field deputy and a chief office deputy.
Source
Laws 1903, c. 73, § 22, p. 392;
Laws 1905, c. 110, § 1, p. 509;
Laws 1909, c. 111, § 1, p. 436;
Laws 1913, c. 87, § 1, p. 229;
R.S.1913, § 2451;
Laws 1917, c. 46, § 1, p. 129;
Laws 1919, c. 61, § 1, p. 168;
C.S.1922, § 2390;
C.S.1929, § 33-129;
Laws 1931, c. 69, § 1, p. 188;
Laws 1941, c. 65, § 1, p. 289;
C.S.Supp.,1941, § 33-129;
Laws 1943, c. 90, § 21, p. 307;
R.S.1943, § 33-129;
Laws 1957, c. 133, § 1, p. 449;
R.S.1943, (1988), § 33-129;
Laws 1989, LB 5, § 6;
R.S.Supp.,1989, § 77-401.02;
Laws 1990, LB 821, § 21.
2023 Nebraska Revised Statutes › Chapter 23 - County Government and Officers › 23-3207 - Administration of oaths.

23-3207.
Administration of oaths.
County assessors and their deputies may administer oaths within their respective counties in matters pertaining to their official duties.
Source
Laws 1990, LB 821, § 22.
Cross References
Fees for taking acknowledgments, oaths, and affirmations, disposition, see section 33-153.
2023 Nebraska Revised Statutes › Chapter 23 - County Government and Officers › 23-3209 - Neglect of duty; damages.

23-3209.
Neglect of duty; damages.
Any county assessor, elected or appointed, who willfully neglects or refuses in whole or in part to perform the duties required by law in the assessment of property for taxation shall be answerable in damages to a political subdivision or any person thereby injured up to the limits of his or her official bond.
Source
Laws 1903, c. 73, § 27, p. 393;
R.S.1913, § 6312;
Laws 1921, c. 133, art. IV, § 6, p. 552;
C.S.1922, § 5838;
C.S.1929, § 77-406;
R.S.1943, § 77-408;
Laws 1947, c. 250, § 10, p. 791;
Laws 1969, c. 650, § 1, p. 2567;
Laws 1977, LB 39, § 211;
Laws 1987, LB 508, § 8;
R.S.Supp.,1988, § 77-408;
Laws 1990, LB 821, § 24;
Laws 2006, LB 808, § 23.
2023 Nebraska Revised Statutes › Chapter 23 - County Government and Officers › 23-3210 - Assessor's bond; action to recover upon; by whom brought.

23-3210.
Assessor's bond; action to recover upon; by whom brought.
The state, any municipality, or any person aggrieved or injured by the willful neglect of duty by the county assessor or any deputy or assistant assessor may recover upon the officer's bond the amount lost to the state, municipality, or person on account of such neglect of the county assessor or deputy or assistant assessor, together with the costs of suit.
Source
Laws 1903, c. 73, § 21, p. 393;
R.S.1913, § 6307;
Laws 1921, c. 133, art. IV, § 1, p. 551;
C.S.1929, § 77-401;
R.S.1943, § 77-403;
Laws 1951, c. 260, § 2, p. 886;
R.S.1943, (1986), § 77-403;
Laws 1990, LB 821, § 25.
2023 Nebraska Revised Statutes › Chapter 23 - County Government and Officers › 23-3211 - Law enforcement officer, Nebraska National Guard member, or judge; residential address; withheld from public; application; form; county assessor and register of deeds; duty.

23-3211.
Law enforcement officer, Nebraska National Guard member, or judge; residential address; withheld from public; application; form; county assessor and register of deeds; duty.
(1) Unless requested in writing, the county assessor and register of deeds shall withhold from the public the residential address of a law enforcement officer, a member of the Nebraska National Guard acting pursuant to subdivision (3) of section 55-182, or a judge who applies to the county assessor in the county of his or her residence. The application shall be in a form prescribed by the county assessor and shall include the applicant's name and address and the parcel identification number for his or her residential address. A law enforcement officer shall include in the application his or her law enforcement identification number. A member of the Nebraska National Guard shall include in the application proof of his or her status as a member, in a manner prescribed by the county assessor. A judge shall include in the application the name of the specific court of which he or she is a judge. The county assessor shall notify the register of deeds regarding the receipt of a complete application. The county assessor and the register of deeds shall withhold the address of a law enforcement officer, member of the Nebraska National Guard, or judge who complies with this section for five years after receipt of a complete application. The officer, member, or judge may renew his or her application every five years upon submission of an updated application.
(2) For purposes of this section, judge includes the judge or magistrate judge of any court located in this state, including any county court, any district court, the Court of Appeals, the Nebraska Workers' Compensation Court, any separate juvenile court, the Supreme Court, and any federal court.
Source
Laws 2017, LB624, § 1;
Laws 2019, LB152, § 2;
Laws 2022, LB1178, § 1.
2023 Nebraska Revised Statutes › Chapter 23 - County Government and Officers › 23-3311 - County school administrator; mileage.

23-3311.
County school administrator; mileage.
When it is necessary for the county school administrator to travel on business of the county, he or she shall be allowed mileage at the rate allowed by the provisions of section 81-1176 for each mile actually and necessarily traveled by the most direct route if the trip or trips are made by automobile, but if travel by rail or bus is economical and practical, he or she shall be allowed only the actual cost of rail or bus transportation upon the presentation of the bill for the same accompanied by a proper voucher to the county board of his or her county in like manner as is provided for as to all other claims against the county.
Source
Laws 1953, c. 58, § 2, p. 196;
Laws 1957, c. 70, § 8, p. 301;
Laws 1971, LB 292, § 4;
R.S.1943, (1987), § 79-320;
Laws 1990, LB 821, § 36;
Laws 1996, LB 1011, § 15;
Laws 1999, LB 272, § 13.
2023 Nebraska Revised Statutes › Chapter 23 - County Government and Officers › 23-3312 - County superintendent; elimination of office; county clerk; duties.

23-3312.
County superintendent; elimination of office; county clerk; duties.
The office of county superintendent of schools shall be eliminated on June 30, 2000. The records of the office of county superintendent of schools shall be transferred to and maintained by the county clerk in each county.
Source
Laws 1997, LB 806, § 63;
Laws 1999, LB 272, § 14.
2023 Nebraska Revised Statutes › Chapter 23 - County Government and Officers › 23-3401 - Public defender in certain counties; election; qualifications; prohibited practices; residency.

23-3401.
Public defender in certain counties; election; qualifications; prohibited practices; residency.
(1) There is hereby created the office of public defender in counties that have or that attain a population in excess of one hundred thousand inhabitants and in other counties upon approval by the county board. The public defender shall be elected as provided in the Election Act.
(2) The public defender shall be a lawyer licensed to practice law in this state. He or she shall take office after election and qualification at the same time that other county officers take office, except that upon the creation of such office in any county, a qualified person may be appointed by the county board to serve as public defender until such office can be filled by an election in accordance with section 32-523.
(3) In counties having a population of more than one hundred seventy thousand inhabitants, the public defender shall devote his or her full time to the legal work of the office of the public defender and shall not engage in the private practice of law. All assistant public defenders in such counties shall devote their full time to the legal work of such office of the public defender and shall not engage in the private practice of law so long as each assistant public defender receives the same annual salary as each deputy county attorney of comparable ability and experience receives in such counties.
(4) No public defender or assistant public defender shall solicit or accept any fee for representing a criminal defendant in a prosecution in which the public defender or assistant is already acting as the defendant's court-appointed counsel.
(5) A public defender elected after November 1986 need not be a resident of the county when he or she files for election as public defender, but a public defender shall reside in a county for which he or she holds office, except that in counties with a population of one hundred thousand or less inhabitants, the public defender shall not be required to reside in the county in which he or she holds office.
Source
Laws 1915, c. 165, § 1, p. 336;
Laws 1917, c. 150, § 1, p. 335;
Laws 1919, c. 58, § 1, p. 162;
C.S.1922, § 10105;
C.S.1929, § 29-1803;
Laws 1931, c. 65, § 6, p. 179;
C.S.Supp.,1941, § 29-1803;
Laws 1943, c. 90, § 15, p. 303;
R.S.1943, § 29-1804;
Laws 1947, c. 62, § 10, p. 203;
Laws 1957, c. 107, § 7, p. 382;
Laws 1961, c. 134, § 1, p. 387;
Laws 1965, c. 151, § 4, p. 495;
Laws 1967, c. 605, § 5, p. 2050;
Laws 1967, c. 178, § 1, p. 495;
Laws 1969, c. 238, § 1, p. 878;
Laws 1972, LB 1463, § 1;
Laws 1984, LB 189, § 1;
Laws 1986, LB 812, § 8;
Laws 1989, LB 627, § 1;
R.S.1943, (1989), § 29-1804;
Laws 1990, LB 822, § 1;
Laws 1991, LB 343, § 1;
Laws 1994, LB 76, § 546;
Laws 1996, LB 1085, § 38.
Cross References
Election Act, see section 32-101.
2023 Nebraska Revised Statutes › Chapter 23 - County Government and Officers › 23-3402 - Public defender; duties; appointment; prohibitions.

23-3402.
Public defender; duties; appointment; prohibitions.
(1) It shall be the duty of the public defender to represent all indigent felony defendants within the county he or she serves. The public defender shall represent indigent felony defendants at all critical stages of felony proceedings against them through the stage of sentencing. Sentencing shall include hearings on charges of violation of felony probation. Following the sentencing of any indigent defendant represented by him or her, the public defender may take any direct, collateral, or postconviction appeals to state or federal courts which he or she considers to be meritorious and in the interest of justice and shall file a notice of appeal and proceed with one direct appeal to either the Court of Appeals or the Supreme Court of Nebraska upon a timely request after sentencing from any such convicted felony defendant, subject to the public defender's right to apply to the court to withdraw from representation in any appeal which he or she deems to be wholly frivolous.
(2) It shall be the duty of the public defender to represent all indigent persons against whom a petition has been filed with a mental health board as provided in sections 71-945 to 71-947.
(3) It shall be the duty of the public defender to represent all indigent persons charged with misdemeanor offenses punishable by imprisonment when appointed by the court.
(4) Appointment of a public defender shall be by the court in accordance with sections 29-3902 and 29-3903. A public defender shall not represent an indigent person prior to appointment by the court, except that a public defender may represent a person under arrest for investigation or on suspicion. A public defender shall not inquire into a defendant's financial condition for purposes of indigency determination except to make an initial determination of indigency of a person under arrest for investigation or on suspicion. A public defender shall not make a determination of a defendant's indigency, except an initial determination of indigency of a person under arrest for investigation or on suspicion, nor recommend to a court that a defendant be determined or not determined as indigent.
(5) For purposes of this section, the definitions found in section 29-3901 shall be used.
Source
Laws 1972, LB 1463, § 2;
Laws 1975, LB 285, § 1;
Laws 1984, LB 189, § 2;
R.S.1943, (1989), § 29-1804.03;
Laws 1990, LB 822, § 2;
Laws 1991, LB 732, § 27;
Laws 1991, LB 830, § 28;
Laws 2004, LB 1083, § 85.
Annotations
A public defender is not attorney for a defendant until appointed to represent him in the particular case by a judge. State v. Russell, 194 Neb. 64, 230 N.W.2d 196 (1975).
A public defender may apply to the court to withdraw from appeal when he deems such appeal to be frivolous. State v. Kellogg, 189 Neb. 692, 204 N.W.2d 567 (1973).
2023 Nebraska Revised Statutes › Chapter 23 - County Government and Officers › 23-3403 - Public defender; assistants; personnel; compensation; office space, fixtures, and supplies.

23-3403.
Public defender; assistants; personnel; compensation; office space, fixtures, and supplies.
The public defender may appoint as many assistant public defenders, who shall be attorneys licensed to practice law in this state, secretaries, law clerks, investigators, and other employees as are reasonably necessary to permit him or her to effectively and competently represent the clients of the office subject to the approval and consent of the county board which shall fix the compensation of all such persons as well as the budget for office space, furniture, furnishings, fixtures, supplies, law books, court costs, and brief-printing, investigative, expert, travel, and other miscellaneous expenses reasonably necessary to enable the public defender to effectively and competently represent the clients of the office.
Source
Laws 1972, LB 1463, § 10;
R.S.1943, (1989), § 29-1804.11;
Laws 1990, LB 822, § 3.
Annotations
This section shifts the authority to set salaries for the public defender's office to the county board. Hall Cty. Pub. Defenders Organization v. County of Hall, 253 Neb. 763, 571 N.W.2d 789 (1998); State ex rel. Garvey v. County Bd. of Comm. of Sarpy County, 253 Neb. 694, 573 N.W.2d 747 (1998).
The county board has the authority to set salaries for the public defender's office. State ex rel. Garvey v. County Bd. of Comm. of Sarpy County, 253 Neb. 694, 573 N.W.2d 747 (1998).
2023 Nebraska Revised Statutes › Chapter 23 - County Government and Officers › 23-3404 - Public defender; certain counties; appointment authorized.

23-3404.
Public defender; certain counties; appointment authorized.
(1) In a county having a population of less than thirty-five thousand inhabitants which does not have an elected public defender, the county board of such county may appoint a qualified attorney to serve as public defender for such county. In making the appointment and negotiating the contract, the county board shall comply with sections 23-3405 to 23-3408.
(2) Nothing in sections 23-3401 to 23-3403 or 29-3901 to 29-3908 shall be construed to apply to sections 23-3404 to 23-3408.
Source
Laws 1986, LB 885, § 1;
R.S.1943, (1989), § 29-1824;
Laws 1990, LB 822, § 4.