33-101. Secretary of State; fees.

There shall be paid to the Secretary of State the following fees:

(1) For certificate or exemplification with seal, ten dollars;

(2) For copies of records, for each page, a fee of one dollar;

(3) For accessing records by electronic means:

(a) For batch requests of business entity information, fifteen dollars for up to one thousand business entities accessed and an additional fifteen dollars for each additional one thousand business entities accessed over one thousand;

(b) For information in the Secretary of State's Uniform Commercial Code Division data base, including records filed pursuant to the Uniform Commercial Code, Chapter 52, article 2, 5, 7, 9, 10, 11, 12, or 14, Chapter 54, article 2, or the Uniform State Tax Lien Registration and Enforcement Act, for batch requests searched by debtor location, fifteen dollars for up to one thousand records accessed and an additional fifteen dollars for each additional one thousand records accessed over one thousand;

(c) For an electronically transmitted certificate indicating whether a business is properly registered with the Secretary of State and authorized to do business in the state, six dollars and fifty cents;

(d) For the entire contents of the data base regarding corporations and the Uniform Commercial Code, but excluding electronic images, three hundred dollars weekly subscription rate, one thousand dollars monthly subscription rate for a twice-monthly service, and eight hundred dollars monthly subscription rate;

(e) For images of records accessed over the Internet or by other electronic means other than facsimile machine, forty-five cents for each page or image of a page, not to exceed two thousand dollars per request for batch requests; and

(f) For the entire contents of the image data base regarding corporations and the Uniform Commercial Code, eight hundred dollars monthly subscription rate;

(4) For recording articles of association or incorporation, amendments, revised or restated articles, changes of registered office or registered agent, increase or decrease of capital stock, merger or consolidation, statement of intent to dissolve, and consent to dissolution, revocation of dissolution, articles of dissolution, domestic or foreign, profit or nonprofit, five dollars per page;

(5) For taking acknowledgment, ten dollars;

(6) For administering oath, ten dollars;

(7) For filings by for-profit corporations and associations required or permitted by law to file articles of incorporation or organization with the Secretary of State, the fees provided in section 21-205 unless otherwise specifically provided by law; and

(8) For filings by nonprofit corporations and associations required or permitted by law to file articles of incorporation or organization with the Secretary of State, the fees provided in section 21-1905 unless otherwise specifically provided by law.

All fees collected pursuant to subdivision (3) of this section shall be deposited in the Records Management Cash Fund and shall be distributed as provided in any agreements between the State Records Board and the Secretary of State.

Source:Laws 1877, § 5, p. 196; Laws 1897, c. 72, § 1, p. 331; Laws 1907, c. 139, § 1, p. 445; Laws 1911, c. 128, § 1, p. 435; R.S.1913, § 2423; Laws 1921, c. 104, § 1, p. 374; C.S.1922, § 2364; C.S.1929, § 33-103; R.S.1943, § 33-101; Laws 1947, c. 118, § 1, p. 349; Laws 1955, c. 63, § 12, p. 207; Laws 1961, c. 156, § 1, p. 477; Laws 1965, c. 183, § 1, p. 569; Laws 1969, c. 268, § 1, p. 1030; Laws 1975, LB 95, § 6; Laws 1982, LB 928, § 27; Laws 1994, LB 1004, § 2; Laws 1995, LB 109, § 214; Laws 1996, LB 681, § 194; Laws 1998, LB 924, § 18; Laws 2000, LB 929, § 23;    Laws 2003, LB 524, § 20;    Laws 2014, LB278, § 1;    Laws 2014, LB749, § 279.    


Cross References

Annotations

33-102. Notary public; fees; Administration Cash Fund; created; investment.

The Secretary of State shall be entitled to, for receiving, affixing the great seal to, and forwarding the commission of a notary public, the sum of fifteen dollars and the additional sum of fifteen dollars for filing and approving the bond of a notary public. The Secretary of State shall be entitled to the sum of fifteen dollars for receiving a renewal application pursuant to section 64-104.

The fees received by the Secretary of State pursuant to this section shall be remitted to the State Treasurer for credit seventy-five percent to the General Fund and twenty-five percent to the Administration Cash Fund which is hereby created. Transfers may be made from the fund to the General Fund at the direction of the Legislature. Any money in the Administration Cash Fund available for investment shall be invested by the state investment officer pursuant to the Nebraska Capital Expansion Act and the Nebraska State Funds Investment Act.

Source:Laws 1869, § 13, p. 25; R.S.1913, § 2424; Laws 1921, c. 99, § 1, p. 364; C.S.1922, § 2365; C.S.1929, § 33-104; R.S.1943, § 33-102; Laws 1945, c. 145, § 11, p. 494; Laws 1949, c. 93, § 4, p. 246; Laws 1963, c. 184, § 1, p. 625; Laws 1967, c. 396, § 1, p. 1241; Laws 1982, LB 928, § 28; Laws 1994, LB 1004, § 3; Laws 1995, LB 7, § 30; Laws 2009, First Spec. Sess., LB3, § 17.    


Cross References

33-103. Court of Appeals or Supreme Court; docketing and clerk's fees.

At the time of filing an appeal, original action, or other proceeding in the Court of Appeals or Supreme Court there shall be paid to the clerk the sum of one hundred dollars as a docket fee. Fifty dollars of such fee shall be remitted to the State Treasurer for credit to the Nebraska Retirement Fund for Judges.

The clerk shall charge fees for copies of documents and certificates at the rate provided in section 25-1280.

Source:R.S.1866, c. 19, § 2, p. 157; R.S.1913, § 2425; C.S.1922, § 2366; Laws 1927, c. 120, § 1, p. 333; C.S.1929, § 33-105; Laws 1941, c. 32, § 3, p. 142; C.S.Supp.,1941, § 33-105; R.S.1943, § 33-103; Laws 1982, LB 719, § 1; Laws 1991, LB 732, § 97; Laws 2005, LB 348, § 5.    


Cross References

Annotations

33-103.01. Court of Appeals; review by Supreme Court; docket fee.

At the time of filing a petition for further review to the Supreme Court from the Court of Appeals, there shall be paid to the clerk the sum of fifty dollars as a docket fee in lieu of any other filing fees. The fee shall be remitted to the State Treasurer for credit to the Nebraska Retirement Fund for Judges.

Source:Laws 2005, LB 348, § 6.    


33-104. Board of Educational Lands and Funds; fees.

There shall be paid to the Board of Educational Lands and Funds, in advance, for services of the secretary of the board by a party demanding or necessitating the service, the following fees: For a copy of any instrument, paper, or record in his or her office, fifteen cents for each one hundred words with a minimum of one dollar and fifty cents; for certificate and seal, one dollar; for filing and recording an assignment, conditional assignment, or sublease agreement, ten dollars; for notice of delinquent account, three dollars; for reinstatement of account, if redemption is made prior to the date when notice of publication is made, five dollars; for copies of maps or plats, three dollars per hour for the time actually required and spent for the copying or preparation thereof.

Source:Laws 1903, c. 104, § 1, p. 574; R.S.1913, § 2426; C.S.1922, § 2367; C.S.1929, § 33-106; Laws 1935, c. 163, § 19, p. 610; C.S.Supp.,1941, § 33-106; R.S.1943, § 33-104; Laws 1957, c. 130, § 1, p. 444; Laws 1999, LB 779, § 3.    


33-105. Department of Natural Resources; fees.

There shall be paid to the Department of Natural Resources in advance for the services of the Director of Natural Resources by the party demanding or necessitating the service the following fees:

(1) For filing, recording, and examining each application for a storage reservoir, for the first five thousand acre-feet or fraction thereof, twenty-five dollars, and for each additional five thousand acre-feet or fraction thereof, ten dollars;

(2) For filing, recording, and examining each application for, or application for modification of permits to include, intentional or incidental underground water storage and recovery, five hundred dollars;

(3) For filing, recording, and examining each application for water for irrigation from a natural stream, for the first one thousand acres proposed for irrigation or fraction thereof, two hundred dollars, and for each additional one thousand acres or fraction thereof, one hundred dollars;

(4) For filing, recording, and examining each application for water for irrigation from a storage reservoir, for the first one thousand acres proposed for irrigation or fraction thereof, fifty dollars, and for each additional one thousand acres or fraction thereof, twenty-five dollars;

(5) For filing, recording, and examining each application for water for power purposes, for each theoretical fifty horsepower or fraction thereof, five dollars;

(6) For filing, recording, and examining each application for withdrawal of ground water for industrial purposes, for the first four thousand acre-feet or fraction thereof, one thousand five hundred dollars, and for each additional one thousand acre-feet or fraction thereof, seven hundred fifty dollars;

(7) For filing an application to amend a permit for withdrawal of ground water for industrial purposes, five hundred dollars;

(8) For filing any petition, affidavit, other paper, or application for which no fee has been fixed, ten dollars;

(9) For recording any deed or document pertaining to land covered in whole or in part by a water appropriation or any instrument other than an application, ten dollars; and

(10) For certificate and seal, one dollar.

The Director of Natural Resources shall keep a record of all money thus received and shall remit such money to the State Treasurer for credit to and use of the General Fund.

Source:Laws 1905, c. 167, § 1, p. 652; Laws 1911, c. 153, § 34, p. 519; R.S.1913, § 2427-8; C.S.1922, § 2368; C.S.1929, § 33-107; R.S.1943, § 33-105; Laws 1947, c. 119, § 1, p. 352; Laws 1957, c. 365, § 7, p. 1235; Laws 1957, c. 131, § 1, p. 445; Laws 1978, LB 773, § 1; Laws 1979, LB 547, § 1; Laws 1981, LB 56, § 17; Laws 1983, LB 198, § 3; Laws 1985, LB 103, § 1; Laws 1985, LB 488, § 1; Laws 1986, LB 309, § 1; Laws 1989, LB 45, § 1; Laws 1989, LB 132, § 1; Laws 2000, LB 900, § 85;    Laws 2005, LB 335, § 73.    


33-106. Clerk of the district court; fees; enumerated.

(1) In addition to the judges' retirement fund fee provided in section 24-703 and the fees provided in section 33-106.03 and except as otherwise provided by law, the fees of the clerk of the district court shall be as follows: There shall be a docket fee of forty-two dollars for each civil and criminal case except (a) a case commenced by filing a transcript of judgment as hereinafter provided, (b) proceedings under the Nebraska Workers' Compensation Act and the Employment Security Law, when provision is made for the fees that may be charged, and (c) a criminal case appealed to the district court from any court inferior thereto as hereinafter provided. There shall be a docket fee of twenty-five dollars for each case commenced by filing a transcript of judgment from another court in this state for the purpose of obtaining a lien. There shall be a docket fee of twenty-seven dollars for each criminal case appealed to the district court from any court inferior thereto.

(2) In all cases, other than those appealed from an inferior court or original filings which are within jurisdictional limits of an inferior court and when a jury is demanded in district court, the docket fee shall cover all fees of the clerk, except that the clerk shall be paid for each copy or transcript ordered of any pleading, record, or other paper and that the clerk shall be entitled to a fee of fifteen dollars for making a complete record of a case.

(3) The fee for making a complete record of a case shall be taxed as a part of the costs of the case. In all civil cases, except habeas corpus cases in which a poverty affidavit is filed and approved by the court, and for all other services, the docket fee or other fee shall be paid by the party filing the case or requesting the service at the time the case is filed or the service requested.

(4) For any other service which may be rendered or performed by the clerk but which is not required in the discharge of his or her official duties, the fee shall be the same as that of a notary public but in no case less than one dollar.

Source:R.S.1866, c. 19, § 3, p. 157; Laws 1877, § 5, p. 217; Laws 1899, c. 31, § 1, p. 164; Laws 1905, c. 68, § 1, p. 363; Laws 1909, c. 55, § 1, p. 280; R.S.1913, §§ 2421, 2429; Laws 1917, c. 40, § 1, p. 119; Laws 1919, c. 82, § 1, p. 204; C.S.1922, §§ 2362, 2369; Laws 1925, c. 81, § 1, p. 255; Laws 1927, c. 118, § 1, p. 328; C.S.1929, §§ 33-101, 33-108; R.S.1943, § 33-106; Laws 1947, c. 120, § 1, p. 353; Laws 1949, c. 94, § 1(1), p. 252; Laws 1951, c. 106, § 2, p. 512; Laws 1959, c. 140, § 4, p. 546; Laws 1961, c. 157, § 1, p. 480; Laws 1965, c. 125, § 3, p. 463; Laws 1977, LB 126, § 2; Laws 1981, LB 84, § 1; Laws 1983, LB 617, § 4; Laws 1986, LB 811, § 14; Laws 1986, LB 333, § 8; Laws 2003, LB 760, § 13;    Laws 2005, LB 348, § 7;    Laws 2011, LB17, § 5;    Laws 2017, LB307, § 1.    
Effective Date: August 24, 2017


Cross References

Annotations

33-106.01. Clerk of the district court; costs; docket.

Each clerk of the district court shall keep a docket in which he shall enter the costs chargeable and taxable against each party in any suit pending in said courts respectively. He is empowered at any time to make out a statement of such fees specifying each item of the fees so charged and taxed under seal of the court, which fee bill, so made under the seal of said court, shall have the same force and effect as an execution. The sheriff to whom said fee bill shall be issued shall execute the same as an execution, and have the same fees therefor. The clerk shall not enter in such docket any fees of any officer claiming the same, unless such officer shall duly return an itemized bill of the same.

Source:R.S.1866, c. 19, § 3, p. 157; Laws 1877, § 4, p. 217; Laws 1899, c. 31, § 1, p. 164; Laws 1905, c. 68, § 1, p. 363; Laws 1909, c. 55, § 1, p. 280; R.S.1913, §§ 2421, 2429; Laws 1917, c. 40, § 1, p. 119; Laws 1919, c. 82, § 1, p. 204; C.S.1922, §§ 2362, 2369; Laws 1925, c. 81, § 1, p. 255; Laws 1927, c. 118, § 1, p. 328; C.S.1929, §§ 33-101, 33-108; R.S.1943, § 33-106; Laws 1947, c. 120, § 1, p. 353; Laws 1949, c. 94, § 1(2), p. 253; Laws 1959, c. 140, § 5, p. 547.


33-106.02. Clerk of the district court; fees; report; disposition.

(1) The clerk of the district court of each county shall not retain for his or her own use any fees, revenue, perquisites, or receipts, fixed, enumerated, or provided in this or any other section of the statutes of the State of Nebraska or any fees authorized by federal law to be collected or retained by a county official. The clerk shall on or before the fifteenth day of each month make a report to the county board, under oath, showing the different items of such fees, revenue, perquisites, or receipts received, from whom, at what time, and for what service, and the total amount received by such officer since the last report, and also the amount received for the current year.

(2) The clerk shall account for and pay any fees, revenue, perquisites, or receipts not later than the fifteenth day of the month following the calendar month in which such fees, revenue, perquisites, or receipts were received in the following manner:

(a) Of the forty-two-dollar docket fee imposed pursuant to section 33-106, through June 30, 2016, five dollars shall be remitted to the State Treasurer for credit to the General Fund and two dollars shall be remitted to the State Treasurer for credit to the Nebraska Retirement Fund for Judges, beginning July 1, 2016, through June 30, 2017, three dollars shall be remitted to the State Treasurer for credit to the General Fund and four dollars shall be remitted to the State Treasurer for credit to the Nebraska Retirement Fund for Judges, and beginning July 1, 2017, one dollar shall be remitted to the State Treasurer for credit to the General Fund and six dollars shall be remitted to the State Treasurer for credit to the Nebraska Retirement Fund for Judges;

(b) Of the twenty-seven-dollar docket fee imposed for appeal of a criminal case to the district court pursuant to section 33-106, two dollars shall be remitted to the State Treasurer for credit to the Nebraska Retirement Fund for Judges; and

(c) The remaining fees, revenue, perquisites, or receipts shall be credited to the general fund of the county.

Source:R.S.1866, c. 19, § 3, p. 157; Laws 1877, § 5, p. 217; Laws 1899, c. 31, § 1, p. 164; Laws 1905, c. 68, § 1, p. 363; Laws 1909, c. 55, § 1, p. 280; R.S.1913, §§ 2421, 2429; Laws 1917, c. 40, § 1, p. 119; Laws 1919, c. 82, § 1, p. 204; C.S.1922, §§ 2362, 2369; Laws 1925, c. 81, § 1, p. 255; Laws 1927, c. 118, § 1, p. 328; C.S.1929, §§ 33-101, 33-108; R.S.1943, § 33-106; Laws 1947, c. 120, § 1, p. 353; Laws 1949, c. 94, § 1(3), p. 254; Laws 1983, LB 617, § 5; Laws 1989, LB 4, § 3; Laws 2005, LB 348, § 8;    Laws 2006, LB 823, § 1;    Laws 2016, LB803, § 1.    


33-106.03. Dissolution of marriage; additional fees.

In addition to the fees provided for in sections 33-106 and 33-123, the clerk of the court shall collect an additional fifty dollars as a mediation fee and twenty-five dollars as a child abuse prevention fee for each complaint filed for dissolution of marriage. The fees shall be remitted to the State Treasurer who shall credit the child abuse prevention fee to the Nebraska Child Abuse Prevention Fund and the mediation fee to the Parenting Act Fund.

Source:Laws 1986, LB 333, § 7; Laws 1996, LB 1296, § 6; Laws 2002, Second Spec. Sess., LB 48, § 1;    Laws 2007, LB554, § 26;    Laws 2017, LB307, § 2.    
Effective Date: August 24, 2017


33-106.04. Repealed. Laws 1997, LB 216, § 3.

33-107. Transferred to section 24-350.

33-107.01. Legal services fee; taxed as costs; when.

A legal services fee of six dollars and twenty-five cents shall be taxed as costs in each case filed in each separate juvenile court and district court, including appeals to such courts, and on each case filed in each county court except those filed in county court pursuant to its jurisdiction under section 25-2802. A legal services fee of six dollars and twenty-five cents shall be taxed as costs for each appeal and original action filed in the Court of Appeals and the Supreme Court. Such fees shall be remitted to the State Treasurer on forms prescribed by the State Treasurer within ten days after the close of each month for credit to the Legal Aid and Services Fund.

Source:Laws 1997, LB 729, § 1; Laws 1998, LB 1041, § 5; Laws 2002, LB 876, § 72;    Laws 2005, LB 348, § 9;    Laws 2016, LB1098, § 1.    


33-107.02. Paternity determination; parental support proceeding; certain marriage, child support, child custody, or parenting time actions; additional mediation fee and civil legal services fee.

(1) A mediation fee of fifty dollars and a civil legal services fee of fifteen dollars shall be collected by the clerk of the county court or the clerk of the district court for each paternity determination or parental support proceeding under sections 43-1401 to 43-1418, for each complaint or action to modify a decree of dissolution or annulment of marriage, and for each complaint or action to modify an award of child support, child custody, parenting time, visitation, or other access as defined in section 43-2922. Such fees shall be remitted to the State Treasurer on forms prescribed by the State Treasurer within ten days after the close of each month. The civil legal services fee shall be credited to the Legal Aid and Services Fund, and the mediation fee shall be credited to the Parenting Act Fund.

(2) Any proceeding filed by a county attorney or an authorized attorney, in a case in which services are being provided under Title IV-D of the federal Social Security Act, as amended, shall not be subject to the provisions of subsection (1) of this section. In any such proceeding, a mediation fee of fifty dollars and a civil legal services fee of fifteen dollars shall be collected by the clerk of the county court or the clerk of the district court for any pleading in such proceeding filed by any party, other than a county attorney or authorized attorney, subsequent to the paternity filing if such pleading is to modify an award of child support or to establish or modify custody, parenting time, visitation, or other access as defined in section 43-2922. Such fees shall be remitted to the State Treasurer on forms prescribed by the State Treasurer within ten days after the close of each month. The mediation fee shall be credited to the Parenting Act Fund and the civil legal services fee shall be credited to the Legal Aid and Services Fund.

(3) For purposes of this section, authorized attorney has the same meaning as in section 43-1704.

Source:Laws 1997, LB 729, § 2; Laws 1999, LB 19, § 1;    Laws 2007, LB554, § 27;    Laws 2017, LB307, § 3.    
Effective Date: August 24, 2017


33-107.03. Court automation fee.

In addition to all other court costs assessed according to law, a court automation fee of eight dollars shall be taxed as costs for each case filed in each county court, separate juvenile court, and district court, including appeals to such courts, and for each appeal and original action filed in the Court of Appeals and the Supreme Court. The fees shall be remitted to the State Treasurer on forms prescribed by the State Treasurer within ten days after the end of each month. The State Treasurer shall credit the fees to the Supreme Court Automation Cash Fund.

Source:Laws 2002, Second Spec. Sess., LB 13, § 2;    Laws 2009, LB35, § 24.    


33-108. Transferred to section 23-1223.

33-109. Register of deeds; county clerk; fees.

(1) The register of deeds and the county clerk shall receive for recording a deed, mortgage, or release, recording and indexing of a will, recording and indexing of a decree in a testate estate, recording proof of publication, or recording any other instrument, a fee of ten dollars for the first page and six dollars for each additional page. Two dollars and fifty cents of the ten-dollar fee for recording the first page and fifty cents of the six-dollar fee for recording each additional page shall be used exclusively for the purposes of preserving and maintaining public records of the office of the register of deeds and for modernization and technology needs relating to such records and preserving and maintaining public records of a register of deeds office that has been consolidated with another county office pursuant to section 22-417 and for modernization and technology needs relating to such records. The funds allocated under this subsection shall not be substituted for other allocations of county general funds to the register of deeds office or any other county office for the purposes enumerated in this subsection.

(2) The cost for a certified copy of any instrument filed or recorded in the office of county clerk or register of deeds shall be one dollar and fifty cents per page.

(3) No fees shall be received for recording instruments for the Department of Health and Human Services pursuant to section 68-990.

Source:Laws 1879, § 1, p. 107; Laws 1887, c. 42, § 1, p. 461; R.S.1913, § 2435; C.S.1922, § 2375; C.S.1929, § 33-114; Laws 1931, c. 66, § 1, p. 185; Laws 1935, c. 80, § 1, p. 269; Laws 1941, c. 67, § 1, p. 292; C.S.Supp.,1941, § 33-114; R.S.1943, § 33-109; Laws 1949, c. 93, § 5, p. 247; Laws 1961, c. 159, § 1, p. 484; Laws 1963, c. 185, § 1, p. 626; Laws 1965, c. 185, § 1, p. 574; Laws 1967, c. 204, § 1, p. 560; Laws 1969, c. 270, § 1, p. 1034; Laws 1971, LB 381, § 1; Laws 1972, LB 1264, § 1; Laws 1983, LB 463, § 1; Laws 2012, LB14, § 4;    Laws 2017, LB152, § 2;    Laws 2017, LB268, § 7.    
Effective Date: August 24, 2017


Note: The Revisor of Statutes has pursuant to section 49-769 correlated LB152, section 2, with LB268, section 7, to reflect all amendments.


Annotations

33-110. County clerks; fees for certificate and seal; when charged; marriage licenses and records; fees.

County clerks shall receive no fee for the performance of the following services: For issuing certificates of election; for performing the duties of clerk of the county board; for taking acknowledgments of claims against the county; for attesting or certifying any document authorized by the county board or required by the departments of the state; or for recording Army or Navy discharges or furnishing certified copies thereof to be used in connection with any claim for compensation or disability. A charge of twenty-five cents shall be made for any other certificate and seal unless otherwise provided. The fees collected shall be credited to the county general fund.

County clerks shall receive a fee of twenty-five dollars for the entire proceedings of issuing a marriage license, administering the related oaths or affirmations, and recording a marriage certificate. An additional fee of nine dollars shall be made for each certified copy of a marriage record on file in the office of the county clerk. Both such fees shall be deposited in the county general fund.

Source:R.S.1866, c. 19, § 14, p. 167; R.S.1913, § 2434; C.S.1922, § 2374; C.S.1929, § 33-113; Laws 1931, c. 68, § 1, p. 187; C.S.Supp.,1941, § 33-113; R.S.1943, § 33-110; Laws 1949, c. 93, § 6, p. 247; Laws 1953, c. 116, § 1, p. 371; Laws 1986, LB 525, § 2; Laws 1988, LB 1126, § 1; Laws 1995, LB 202, § 1; Laws 2015, LB88, § 1.    


33-111. County clerks; compiling transfers; fees.

County clerks for compiling the transfer from the record of their office shall receive for each transfer the sum of fifteen cents, or such other sum, not exceeding fifteen cents, as the county board and county clerk may agree upon, to be paid by the county.

Source:Laws 1881, c. 41, § 1, p. 221; R.S.1913, § 2436; C.S.1922, § 2376; C.S.1929, § 33-115; R.S.1943, § 33-111.


Annotations

33-112. Repealed. Laws 2012, LB 14, § 10.

33-113. Repealed. Laws 2012, LB 897, § 3.

33-114. County treasurer; fees.

Each county treasurer shall receive for and on behalf of the county for services rendered to other governmental subdivisions and agencies, when fees for services rendered by him or her are not otherwise specifically provided, the following fees: (1) On all sums of money collected by him or her for each fiscal year, two percent of the sums so collected; (2) for the collection of all sums of money, general or bonded, of drainage, irrigation, or natural resources districts, one percent of the sums so collected; (3) for the collection of all ad valorem taxes and special assessments, general or bonded, of sanitary and improvement districts, two percent of the sums so collected; (4) for the collection of all sums of money for municipal taxes, general or special, including money for bond sinking fund or bond interest fund and school money, one percent of the sums so collected; and (5) for the collection of all sums of money for special assessments for municipal improvements, one and one-half percent of the sums so collected.

On all sums collected, such percentage shall be allowed but once. In computing the amount collected for the purpose of charging percentage, all sums from whatever fund derived shall be included together, except the school fund. The treasurer shall be paid in the same proportion from the respective funds of the state collected by him or her whether the funds are in money or state warrants.

Source:R.S.1866, c. 19, § 20, p. 169; Laws 1891, c. 27, § 1, p. 263; Laws 1901, c. 32, § 1, p. 359; Laws 1903, c. 42, § 1, p. 307; R.S.1913, § 2439; C.S.1922, § 2379; Laws 1923, c. 84, § 1, p. 225; C.S.1929, § 33-118; Laws 1931, c. 67, § 1, p. 186; Laws 1941, c. 64, § 1, p. 288; C.S.Supp.,1941, § 33-118; R.S.1943, § 33-114; Laws 1947, c. 121, § 1, p. 356; Laws 1951, c. 102, § 1, p. 507; Laws 1969, c. 271, § 1, p. 1035; Laws 1973, LB 206, § 7; Laws 1983, LB 391, § 2; Laws 1993, LB 346, § 1; Laws 2016, LB131, § 2.    


Annotations

33-114.01. County treasurer; counties more than 100,000 inhabitants and less than 400,000 inhabitants; services of electronic data processing equipment; fees.

In any county having a population of more than one hundred thousand and less than four hundred thousand inhabitants as determined by the most recent federal decennial census, when such county has entered into an agreement with the county seat for it to provide the services of its electronic data processing equipment for the purposes of tax collection, the county treasurer shall receive from such city for services provided in the assessment and collection of taxes the amount provided by agreement between the county and such city.

Source:Laws 1973, LB 244, § 1; Laws 2016, LB742, § 20.    


33-115. Repealed. Laws 1961, c. 284, § 1.

33-116. County surveyor; compensation; fees; mileage; equipment furnished.

Each county surveyor shall be entitled to receive the following fees: (1) For all services rendered to the county or state, a daily rate as determined by the county board; and (2) for each mile actually and necessarily traveled in going to and from work, the rate allowed by the provisions of section 81-1176. All expense of necessary assistants in the performance of the above work, the fees of witnesses, and material used for perpetuation and reestablishing lost exterior section and quarter corners necessary for the survey shall be paid for by the county and the remainder of the cost of the survey shall be paid for by the parties for whom the work may be done. All necessary equipment, conveyance, and repairs to such equipment, required in the performance of the duties of the office, shall be furnished such surveyor at the expense of the county, except that in any county with a population of less than sixty thousand the county board may, in its discretion, allow the county surveyor a salary fixed pursuant to section 23-1114, payable monthly, by warrant drawn on the general fund of the county. All fees received by surveyors so receiving a salary may, with the authorization of the county board, be retained by the surveyor, but in the absence of such authorization all such fees shall be turned over to the county treasurer monthly for credit to the county general fund.

Source:R.S.1866, c. 19, § 16, p. 168; Laws 1869, § 1, p. 157; Laws 1899, c. 32, § 1, p. 167; Laws 1913, c. 43, § 12, p. 146; R.S.1913, § 2440; Laws 1919, c. 75, § 1, p. 194; C.S.1922, § 2380; Laws 1927, c. 114, § 1, p. 321; C.S.1929, § 33-119; Laws 1931, c. 65, § 7, p. 180; C.S.Supp.,1941, § 33-119; Laws 1943, c. 90, § 19, p. 305; R.S.1943, § 33-116; Laws 1947, c. 122, § 1, p. 357; Laws 1953, c. 117, § 1, p. 372; Laws 1957, c. 70, § 4, p. 296; Laws 1961, c. 158, § 2, p. 482; Laws 1961, c. 160, § 1, p. 485; Laws 1969, c. 272, § 1, p. 1036; Laws 1981, LB 204, § 50; Laws 1982, LB 127, § 8; Laws 1996, LB 1011, § 21; Laws 2017, LB200, § 3.    
Effective Date: August 24, 2017


Annotations

33-117. Sheriffs; fees; disposition; mileage; report to county board.

(1) The several sheriffs shall charge and collect fees at the rates specified in this section. The rates shall be as follows: (a) Serving a capias with commitment or bail bond and return, two dollars; (b) serving a search warrant, two dollars; (c) arresting under a search warrant, two dollars for each person so arrested; (d) unless otherwise specifically listed in subdivisions (f) to (s) of this subsection, serving a summons, subpoena, order of attachment, order of replevin, other order of the court, notice of motion, other notice, other writ or document, or any combination thereof, including any accompanying or attached documents, twelve dollars for each person served, except that when more than one person is served at the same time and location in the same case, the service fee shall be twelve dollars for the first person served at that time and location and three dollars for each other person served at that time and location; (e) making a return of each summons, subpoena, order of attachment, order of replevin, other order of the court, notice of motion, other notice, or other writ or document, whether served or not, six dollars; (f) taking and filing a replevin bond or other indemnification to be furnished and approved by the sheriff, one dollar; (g) making a copy of any process, bond, or other paper not otherwise provided for in this section, twenty-five cents per page; (h) traveling each mile actually and necessarily traveled within or without their several counties in their official duties, three cents more per mile than the rate provided in section 81-1176, except that the minimum fee shall be fifty cents when the service is made within one mile of the courthouse, and, as far as is expedient, all papers in the hands of the sheriff at any one time shall be served in one or more trips by the most direct route or routes and only one mileage fee shall be charged for a single trip, the total mileage cost to be computed as a unit for each trip and the combined mileage cost of each trip to be prorated among the persons or parties liable for the payment of same; (i) levying a writ or a court order and return thereof, eighteen dollars; (j) summoning a grand jury, not including mileage to be paid by the county, ten dollars; (k) summoning a petit jury, not including mileage to be paid by the county, twelve dollars; (l) summoning a special jury, for each person impaneled, fifty cents; (m) calling a jury for a trial of a case or cause, fifty cents; (n) executing a writ of restitution or a writ of assistance and return, eighteen dollars; (o) calling an inquest to appraise lands and tenements levied on by execution, one dollar; (p) calling an inquest to appraise goods and chattels taken by an order of attachment or replevin, one dollar; (q) advertising a sale in a newspaper in addition to the price of printing, one dollar; (r) advertising in writing for a sale of real or personal property, five dollars; and (s) making deeds for land sold on execution or order of sale, five dollars.

(2)(a) Except as provided in subdivision (b) of this subsection, the commission due a sheriff on an execution or order of sale, an order of attachment decree, or a sale of real or personal property shall be: For each dollar not exceeding four hundred dollars, six cents; for every dollar above four hundred dollars and not exceeding one thousand dollars, four cents; and for every dollar above one thousand dollars, two cents.

(b) In real estate foreclosure, when any party to the original action purchases the property or when no money is received or disbursed by the sheriff, the commission shall be computed pursuant to subdivision (a) of this subsection but shall not exceed two hundred dollars.

(3) The sheriff shall, on the first Tuesday in January, April, July, and October of each year, make a report to the county board showing (a) the different items of fees, except mileage, collected or earned, from whom, at what time, and for what service, (b) the total amount of the fees collected or earned by the officer since the last report, and (c) the amount collected or earned for the current year. He or she shall pay all fees earned to the county treasurer who shall credit the fees to the general fund of the county.

(4) Any future adjustment made to the reimbursement rate provided in subsection (1) of this section shall be deemed to apply to all provisions of law which refer to this section for the computation of mileage.

(5) Commencing on and after January 1, 1988, all fees earned pursuant to this section, except fees for mileage, by any constable who is a salaried employee of the State of Nebraska shall be remitted to the clerk of the county court. The clerk of the county court shall pay the same to the General Fund.

Source:R.S.1866, c. 19, § 5, p. 161; Laws 1877, § 1, p. 40; Laws 1877, § 5, p. 217; Laws 1907, c. 53, § 1, p. 225; R.S.1913, §§ 2421, 2441; Laws 1915, c. 37, § 1, p. 106; Laws 1921, c. 102, § 1, p. 371; C.S.1922, §§ 2362, 2381; C.S.1929, §§ 33-101, 33-120; Laws 1933, c. 96, § 7, p. 386; Laws 1935, c. 79, § 1, p. 266; C.S.Supp.,1941, § 33-120; Laws 1943, c. 86, § 1(1), p. 286; R.S.1943, § 33-117; Laws 1947, c. 123, § 1, p. 358; Laws 1951, c. 266, § 1, p. 895; Laws 1953, c. 118, § 1, p. 373; Laws 1957, c. 70, § 5, p. 297; Laws 1959, c. 84, § 3, p. 385; Laws 1961, c. 161, § 1, p. 487; Laws 1961, c. 162, § 1, p. 489; Laws 1965, c. 186, § 1, p. 575; Laws 1967, c. 125, § 4, p. 401; Laws 1969, c. 273, § 1, p. 1037; Laws 1974, LB 625, § 3; Laws 1978, LB 691, § 3; Laws 1980, LB 615, § 3; Laws 1980, LB 628, § 2; Laws 1981, LB 204, § 51; Laws 1982, LB 662, § 1; Laws 1984, LB 394, § 9; Laws 1987, LB 223, § 1; Laws 1988, LB 1030, § 34; Laws 1996, LB 1011, § 22; Laws 2009, LB35, § 25.    


Cross References

Annotations

33-117.01. Repealed. Laws 1980, LB 628, § 9.

33-118. Transferred to section 23-1704.04.

33-119. Sheriffs and constables; fees for serving process.

No sheriff or constable shall be entitled to receive on mesne or final process any fees provided for in section 33-117, unless he shall return upon the process, upon which any charge shall be made, the particular items of such charge.

Source:R.S.1866, c. 19, § 29, p. 171; R.S.1913, § 2444; Laws 1915, c. 38, § 1, p. 108; C.S.1922, § 2384; C.S.1929, § 33-123; R.S.1943, § 33-119.


Annotations

33-120. Fees; payment or security in advance; who may require.

The clerks of the Supreme Court and of each district court, the county judge, sheriff, constable, register of deeds, and county clerk may in all cases require the party for whom any service is to be rendered to pay the fees in advance of the rendition of such service, or give security for the same to be approved by the officer.

Source:R.S.1866, c. 19, § 27, p. 171; R.S.1913, § 2445; C.S.1922, § 2385; C.S.1929, § 33-124; R.S.1943, § 33-120; Laws 1972, LB 1032, § 219; Laws 1979, LB 85, § 1.


Annotations

33-121. Writs of attachment; fees; expenses; taxed as costs.

In all cases where writs of attachment against property are issued, the officers to whom such writ is directed for service shall be empowered to demand in advance, and receive before said service, the regular fees for service of papers, and in addition thereto a sum of money sufficient to defray the expenses incurred for work and labor in the taking possession of or removal of the property ordered attached, and for the safekeeping thereof; said sum to be taxed in the costs.

Source:Laws 1871, § 1, p. 116; R.S.1913, § 2446; C.S.1922, § 2386; C.S.1929, § 33-125; R.S.1943, § 33-121.


Annotations

33-122. Attachment; appraisers; compensation.

In all cases of attachment, when the property ordered attached consists of merchandise or miscellaneous goods, and time is absolutely necessary to properly appraise the same as required by law, the residents of the county, summoned to appraise said property, shall be entitled to a just and fair compensation for their time, labor and mileage, when necessary to go any distance exceeding one mile, and the sheriff or other officer is empowered to demand and collect the same as other fees; Provided, travel expenses by way of mileage shall be computed at the rate per mile as prescribed in section 33-117.

Source:Laws 1871, § 2, p. 117; R.S.1913, § 2447; C.S.1922, § 2387; C.S.1929, § 33-126; Laws 1933, c. 96, § 8, p. 388; C.S.Supp.,1941, § 33-126; R.S.1943, § 33-122.


Cross References

33-123. County court; civil matters; fees.

The county court shall be entitled to the following fees in civil matters:

(1) For any and all services rendered up to and including the judgment or dismissal of the action other than for a domestic relations matter, twenty dollars of which two dollars shall be remitted to the State Treasurer for credit to the Nebraska Retirement Fund for Judges through June 30, 2015. Beginning July 1, 2015, through June 30, 2017, four dollars of the twenty dollars shall be remitted to the State Treasurer for credit to the Nebraska Retirement Fund for Judges. Beginning July 1, 2017, six dollars of the twenty dollars shall be remitted to the State Treasurer for credit to the Nebraska Retirement Fund for Judges;

(2) For any and all services rendered up to and including the judgment or dismissal of a domestic relations matter, forty dollars;

(3) For filing a foreign judgment or a judgment transferred from another court in this state, fifteen dollars; and

(4) For writs of execution, writs of restitution, garnishment, and examination in aid of execution, five dollars each.

Source:R.S.1866, c. 19, § 8, p. 164; Laws 1887, c. 41, § 1, p. 458; Laws 1907, c. 56, § 1, p. 229; Laws 1909, c. 58, § 1, p. 286; R.S.1913, § 2449; Laws 1915, c. 39, § 1, p. 110; Laws 1917, c. 45, § 1, p. 125; Laws 1921, c. 95, § 1, p. 357; C.S.1922, § 2388; Laws 1925, c. 98, § 1, p. 284; C.S.1929, § 33-127; Laws 1931, c. 64, § 1, p. 171; Laws 1937, c. 86, § 1, p. 283; C.S.Supp.,1941, § 33-127; R.S.1943, § 33-123; Laws 1945, c. 74, § 1, p. 276; Laws 1972, LB 1032, § 220; Laws 1974, LB 739, § 2; Laws 1981, LB 99, § 2; Laws 1982, LB 928, § 29; Laws 1983, LB 617, § 6; Laws 1989, LB 233, § 2; Laws 1995, LB 270, § 2; Laws 1996, LB 1296, § 7; Laws 2005, LB 348, § 10;    Laws 2015, LB468, § 7.    


33-124. County court; criminal cases; fee.

In criminal matters, including preliminary and juvenile hearings, the county court shall receive, for any and all services rendered up to and including the judgment or dismissal of the action and the issuance of mittimus or discharge to the jailer, the sum of twenty dollars of which two dollars shall be remitted to the State Treasurer for credit to the Nebraska Retirement Fund for Judges through June 30, 2015. Beginning July 1, 2015, through June 30, 2017, four dollars of the twenty dollars shall be remitted to the State Treasurer for credit to the Nebraska Retirement Fund for Judges. Beginning July 1, 2017, six dollars of the twenty dollars shall be remitted to the State Treasurer for credit to the Nebraska Retirement Fund for Judges.

Source:Laws 1915, c. 39, § 1, p. 110; Laws 1917, c. 45, § 1, p. 126; Laws 1921, c. 95, § 1, p. 359; C.S.1922, § 2388; Laws 1925, c. 98, § 1, p. 285; C.S.1929, § 33-127; Laws 1931, c. 64, § 1, p. 172; Laws 1937, c. 86, § 1, p. 284; C.S.Supp.,1941, § 33-127; R.S.1943, § 33-124; Laws 1945, c. 74, § 2, p. 276; Laws 1972, LB 1032, § 221; Laws 1981, LB 99, § 3; Laws 1982, LB 928, § 30; Laws 1983, LB 617, § 7; Laws 1989, LB 233, § 3; Laws 2005, LB 348, § 11;    Laws 2015, LB468, § 8.    


Annotations

33-125. County court; probate fees; how determined.

(1) In probate matters the county court shall be entitled to receive the following fees:

(a)(i) For probate proceedings commenced and closed informally, twenty-two dollars of which two dollars shall be remitted to the State Treasurer for credit to the Nebraska Retirement Fund for Judges; for each petition or application filed within the informal proceedings, twenty-two dollars of which two dollars shall be remitted to the State Treasurer for credit to the Nebraska Retirement Fund for Judges through June 30, 2015. Beginning July 1, 2015, through June 30, 2017, four dollars of the twenty-two dollars shall be remitted to the State Treasurer for credit to the Nebraska Retirement Fund for Judges. Beginning July 1, 2017, six dollars of the twenty-two dollars shall be remitted to the State Treasurer for credit to the Nebraska Retirement Fund for Judges; and

(ii) For any other proceeding under the Nebraska Probate Code for which no court fee is established by statute, twenty-two dollars of which two dollars shall be remitted to the State Treasurer for credit to the Nebraska Retirement Fund for Judges through June 30, 2015. Beginning July 1, 2015, through June 30, 2017, four dollars of the twenty-two dollars shall be remitted to the State Treasurer for credit to the Nebraska Retirement Fund for Judges. Beginning July 1, 2017, six dollars of the twenty-two dollars shall be remitted to the State Treasurer for credit to the Nebraska Retirement Fund for Judges. The fees assessed under this subdivision (a) shall not exceed the fees which would be assessed for a formal probate under subdivision (b) of this subsection; and

(b) For probate proceedings commenced or closed formally:

(i) When the value does not exceed one thousand dollars, twenty-two dollars;

(ii) When the value exceeds one thousand dollars and is not more than two thousand dollars, thirty dollars;

(iii) When the value exceeds two thousand dollars and is not more than five thousand dollars, fifty dollars;

(iv) When the value exceeds five thousand dollars and is not more than ten thousand dollars, seventy dollars;

(v) When the value exceeds ten thousand dollars and is not more than twenty-five thousand dollars, eighty dollars;

(vi) When the value exceeds twenty-five thousand dollars and is not more than fifty thousand dollars, one hundred dollars;

(vii) When the value exceeds fifty thousand dollars and is not more than seventy-five thousand dollars, one hundred twenty dollars;

(viii) When the value exceeds seventy-five thousand dollars and is not more than one hundred thousand dollars, one hundred sixty dollars;

(ix) When the value exceeds one hundred thousand dollars and is not more than one hundred twenty-five thousand dollars, two hundred twenty dollars;

(x) When the value exceeds one hundred twenty-five thousand dollars and is not more than one hundred fifty thousand dollars, two hundred fifty dollars;

(xi) When the value exceeds one hundred fifty thousand dollars and is not more than one hundred seventy-five thousand dollars, two hundred seventy dollars;

(xii) When the value exceeds one hundred seventy-five thousand dollars and is not more than two hundred thousand dollars, three hundred dollars;

(xiii) When the value exceeds two hundred thousand dollars and is not more than three hundred thousand dollars, three hundred fifty dollars;

(xiv) When the value exceeds three hundred thousand dollars and is not more than four hundred thousand dollars, four hundred dollars;

(xv) When the value exceeds four hundred thousand dollars and is not more than five hundred thousand dollars, five hundred dollars;

(xvi) When the value exceeds five hundred thousand dollars and is not more than seven hundred fifty thousand dollars, six hundred dollars;

(xvii) When the value exceeds seven hundred fifty thousand dollars and is not more than one million dollars, seven hundred dollars;

(xviii) When the value exceeds one million dollars and is not more than two million five hundred thousand dollars, eight hundred dollars;

(xix) When the value exceeds two million five hundred thousand dollars and is not more than five million dollars, one thousand dollars; and

(xx) On all estates when the value exceeds five million dollars, one thousand five hundred dollars.

(2) The fees prescribed in subdivision (1)(b) of this section shall be based on the gross value of the estate, including both real and personal property in the State of Nebraska at the time of death. The gross value shall mean the actual value of the estate less liens and joint tenancy property. Formal fees shall be charged in full for all services performed by the court, and no additional fees shall be charged for petitions, hearing, and orders in the course of such administration. The court shall provide one certified copy of letters of appointment without charge. In other cases when it is necessary to copy instruments, the county court shall be allowed the fees provided in section 33-126.05. In all cases when a petition for probate of will or appointment of an administrator, special administrator, personal representative, guardian, or trustee or any other petition for an order in probate matters is filed and no appointment is made or order entered and the cause is dismissed, the fee shall be ten dollars.

Source:R.S.1866, c. 19, § 8, p. 164; Laws 1887, c. 41, § 1, p. 459; Laws 1907, c. 56, § 1, p. 230; Laws 1909, c. 58, § 1, p. 287; R.S.1913, § 2449; Laws 1915, c. 39, § 1, p. 111; Laws 1917, c. 45, § 1, p. 126; Laws 1921, c. 95, § 1, p. 358; C.S.1922, § 2388; Laws 1925, c. 98, § 1, p. 285; C.S.1929, § 33-127; Laws 1931, c. 64, § 1, p. 172; Laws 1937, c. 86, § 1, p. 284; C.S.Supp.,1941, § 33-127; R.S.1943, § 33-125; Laws 1945, c. 74, § 3, p. 277; Laws 1963, c. 187, § 1, p. 629; Laws 1975, LB 481, § 22; Laws 1982, LB 928, § 31; Laws 1983, LB 2, § 1; Laws 1984, LB 373, § 2; Laws 1984, LB 492, § 1; Laws 1989, LB 233, § 4; Laws 2005, LB 348, § 12;    Laws 2015, LB468, § 9.    


Cross References

33-126. Repealed. Laws 1989, LB 233, § 11.

33-126.01. Repealed. Laws 1988, LB 799, § 1.

33-126.02. County court; guardianships; conservatorships; fees; how determined.

In matters of guardianship and conservatorship, the county court shall be entitled to receive the following fees: Upon the filing of a petition for the appointment of a guardian, twenty-two dollars; upon the filing of a petition for the appointment of a conservator, twenty-two dollars; upon the filing of one petition for a consolidated appointment of both a guardian and conservator, twenty-two dollars; for the appointment of a successor guardian or conservator, twenty-two dollars; for the appointment of a temporary guardian or temporary or special conservator, twenty-two dollars; and for proceedings for a protective order in the absence of a guardianship or conservatorship, twenty-two dollars. If there is more than one ward listed in a petition for appointment of a guardian or conservator or both, only one filing fee shall be assessed. Two dollars of each twenty-two-dollar fee shall be remitted to the State Treasurer for credit to the Nebraska Retirement Fund for Judges. While such guardianship or conservatorship is pending, the court shall receive five dollars for filing and recording each report. When the appointment of a custodian as provided for in the Nebraska Uniform Transfers to Minors Act is made, the county court shall be entitled to receive a fee of twenty dollars.

Source:R.S.1866, c. 19, § 8, p. 164; Laws 1887, c. 41, § 1, p. 460; Laws 1907, c. 56, § 1, p. 231; Laws 1909, c. 58, § 1, p. 288; R.S.1913, § 2449; Laws 1915, c. 39, § 1, p. 111; Laws 1917, c. 45, § 1, p. 127; Laws 1921, c. 95, § 1, p. 359; C.S.1922, § 2388; Laws 1925, c. 98, § 1, p. 286; C.S.1929, § 33-127; Laws 1931, c. 64, § 1, p. 173; Laws 1937, c. 86, § 1, p. 286; C.S.Supp.,1941, § 33-127; R.S.1943, § 33-126; Laws 1945, c. 74, § 4, p. 278; Laws 1949, c. 95, § 1(2), p. 255; Laws 1951, c. 103, § 1, p. 508; Laws 1963, c. 189, § 1, p. 633; Laws 1975, LB 481, § 23; Laws 1982, LB 928, § 33; Laws 1984, LB 492, § 2; Laws 1988, LB 790, § 5; Laws 1989, LB 233, § 5; Laws 1992, LB 907, § 27; Laws 2005, LB 348, § 13.    


Cross References

33-126.03. County court; inheritance tax proceedings; fees; by whom paid.

In all matters for the determination of inheritance tax under Chapter 77, article 20, the county court shall be entitled to receive fees of twenty-two dollars. Fees under this section shall not be charged if fees have been imposed pursuant to subdivision (1)(b) of section 33-125. Except in cases instituted by the county attorney, such fee shall be paid by the person petitioning for such determination. Two dollars of such fee shall be remitted to the State Treasurer for credit to the Nebraska Retirement Fund for Judges.

Source:R.S.1866, c. 19, § 8, p. 164; Laws 1887, c. 41, § 1, p. 460; Laws 1907, c. 56, § 1, p. 231; Laws 1909, c. 58, § 1, p. 288; R.S.1913, § 2449; Laws 1915, c. 39, § 1, p. 111; Laws 1917, c. 45, § 1, p. 127; Laws 1921, c. 95, § 1, p. 359; C.S.1922, § 2388; Laws 1925, c. 98, § 1, p. 286; C.S.1929, § 33-127; Laws 1931, c. 64, § 1, p. 173; Laws 1937, c. 86, § 1, p. 286; C.S.Supp.,1941, § 33-127; R.S.1943, § 33-126; Laws 1945, c. 74, § 4, p. 278; Laws 1949, c. 95, § 1(3), p. 256; Laws 1959, c. 376, § 1, p. 1316; Laws 1975, LB 481, § 24; Laws 1982, LB 928, § 34; Laws 1984, LB 373, § 3; Laws 1989, LB 233, § 6; Laws 2005, LB 348, § 14.    


33-126.04. County court; adoption; fees.

In all matters of adoption, for each child adopted five dollars shall be allowed the court for the entire proceeding.

Source:R.S.1866, c. 19, § 8, p. 164; Laws 1887, c. 41, § 1, p. 460; Laws 1907, c. 56, § 1, p. 231; Laws 1909, c. 58, § 1, p. 288; R.S.1913, § 2449; Laws 1915, c. 39, § 1, p. 111; Laws 1917, c. 45, § 1, p. 127; Laws 1921, c. 95, § 1, p. 359; C.S.1922, § 2388; Laws 1925, c. 98, § 1, p. 286; C.S.1929, § 33-127; Laws 1931, c. 64, § 1, p. 173; Laws 1937, c. 86, § 1, p. 286; C.S.Supp.,1941, § 33-127; R.S.1943, § 33-126; Laws 1945, c. 74, § 4, p. 278; Laws 1949, c. 95, § 1(4), p. 256; Laws 1961, c. 163, § 1, p. 493; Laws 1975, LB 481, § 25; Laws 1982, LB 928, § 35; Laws 1984, LB 492, § 3; Laws 1989, LB 233, § 7.


33-126.05. County court; miscellaneous fees.

The county court shall be allowed the following miscellaneous fees: For delayed birth registration, for the entire proceedings, ten dollars; for depositing will for safekeeping and indexing the same, two dollars; and for each use of any credit card authorized by the court for any payment, a fee established in the manner provided in subsection (3) of section 81-118.01. The legal fees for printing notices required by law to be printed in some newspaper shall be allowed in addition to the fees allowed in this section. For the following services performed by the county court, it shall be entitled to receive the following fees: For temporary restraining order in injunction, in the absence of the district judge, five dollars; for appointment of appraisers in condemnation proceedings, fifteen dollars, plus one dollar for each additional parcel of land included in the petition when there is more than one; and for certifying report of appraisers to the county clerk or register of deeds and making transcript of the same to the district court, one dollar per page. In addition to the fees provided in sections 33-123 to 33-125, the county court shall be entitled to the following fees: For providing photocopies, twenty-five cents per page; and for executing certificate and affixing the seal, one dollar.

Source:R.S.1866, c. 19, § 8, p. 164; Laws 1887, c. 41, § 1, p. 460; Laws 1907, c. 56, § 1, p. 231; Laws 1909, c. 58, § 1, p. 288; R.S.1913, § 2449; Laws 1915, c. 39, § 1, p. 111; Laws 1917, c. 45, § 1, p. 127; Laws 1921, c. 95, § 1, p. 359; C.S.1922, § 2388; Laws 1925, c. 98, § 1, p. 286; C.S.1929, § 33-127; Laws 1931, c. 64, § 1, p. 173; Laws 1937, c. 86, § 1, p. 286; C.S.Supp.,1941, § 33-127; R.S.1943, § 33-126; Laws 1945, c. 74, § 4, p. 278; Laws 1949, c. 95, § 1(5), p. 256; Laws 1961, c. 164, § 1, p. 494; Laws 1969, c. 275, § 1, p. 1041; Laws 1971, LB 383, § 1; Laws 1975, LB 481, § 26; Laws 1982, LB 928, § 36; Laws 1984, LB 492, § 4; Laws 1986, LB 525, § 3; Laws 1988, LB 370, § 11; Laws 1989, LB 233, § 8; Laws 1999, LB 51, § 2;    Laws 2002, LB 57, § 1;    Laws 2005, LB 348, § 15.    


33-126.06. County court; matters relating to trusts; fees.

The county court shall be entitled to collect the following fees: For the registration of any trust, whether testamentary or not, twenty-two dollars; for each proceeding initiated in county court concerning the administration and distribution of trusts, the declaration of rights, and the determination of other matters involving trustees and beneficiaries of trusts, twenty-two dollars; for the appointment of a successor trustee, twenty-two dollars; and for filing and recording each report, five dollars. Two dollars of each twenty-two-dollar fee shall be remitted to the State Treasurer for credit to the Nebraska Retirement Fund for Judges.

Source:Laws 1975, LB 481, § 27; Laws 1982, LB 928, § 37; Laws 1989, LB 233, § 9; Laws 2005, LB 348, § 16.    


33-127. Repealed. Laws 1972, LB 1032, § 287.

33-128. Repealed. Laws 1961, c. 96, § 11.

33-128.01. Repealed. Laws 1959, c. 266, § 1.

33-128.02. Repealed. Laws 1959, c. 266, § 1.

33-128.03. Repealed. Laws 1959, c. 266, § 1.

33-129. Transferred to section 77-401.02.

33-130. County clerk or register of deeds; fees; payment to county treasurer; credited to general fund.

Each county clerk or register of deeds shall, not later than the fifteenth day of the month following the calendar month in which fees are received, pay over to the county treasurer all fees received and take the receipt of the county treasurer therefor. Except as provided by section 25-2712, all fees received by the county treasurer pursuant to this section shall be credited to the general fund of the county.

Source:Laws 1877, § 2, p. 216, § 5, p. 217; Laws 1913, c. 83, § 1, p. 226; R.S.1913, §§ 2421, 2454; Laws 1917, c. 49, § 1, p. 140; C.S.1922, § 2396; C.S.1929, §§ 33-101, 33-135; Laws 1941, c. 66, § 1, p. 291; C.S.Supp.,1941, § 33-135; R.S.1943, § 33-130; Laws 1961, c. 158, § 3, p. 482; Laws 1972, LB 1032, § 222; Laws 1975, LB 286, § 4.


Annotations

33-131. County officers; records of fees; duty to keep.

The clerks of the district court, sheriffs, county judges, county treasurers, county clerks, and registers of deeds of the several counties of the state shall each keep a book, unless authorized to use a computerized system, which shall be provided by the county, which shall be known as the fee book, which shall be a part of the records of such office, and in which shall be entered each and every item of fees collected showing in separate columns the name of the party from whom received, the date of receiving the same, the amount received, and for what service the same was charged.

Source:Laws 1877, § 3, p. 216; R.S.1913, § 2455; C.S.1922, § 2397; Laws 1925, c. 88, § 1, p. 267; C.S.1929, § 33-136; R.S.1943, § 33-131; Laws 1984, LB 679, § 12.


Annotations

33-132. Violations; penalties.

Any officer who shall fail to comply with the provisions of sections 33-130 and 33-131, or shall fail or neglect to keep correct account of the fees by him received, or shall fail and neglect to make a report to the county board as herein provided, or shall willfully or intentionally omit to charge the fees provided by law, with intent to evade the provisions of said sections, shall be guilty of a Class V misdemeanor. Any such officer who shall make a false report under oath shall be guilty of perjury, and punished accordingly.

Source:Laws 1877, § 4, p. 216; R.S.1913, § 2456; C.S.1922, § 2398; C.S.1929, § 33-137; R.S.1943, § 33-132; Laws 1977, LB 40, § 169.


Annotations

33-133. Notaries public; fees; governmental employee; limitation.

Except as otherwise provided in this section, notaries public may charge and collect fees as follows: For each protest, one dollar; for recording the same, two dollars; for each notice of protest, two dollars; for taking affidavits and seal, two dollars; for administering oath or affirmation, two dollars; for each certificate and seal, five dollars; for taking acknowledgment of deed or other instrument, five dollars; and for each mile traveled in serving notice, mileage at the rate provided in section 81-1176. An employee of the state or its political subdivisions may not charge the fees prescribed in this section if his or her governmental employer paid the commission and bonding fees required of notaries public.

Source:R.S.1866, c. 19, § 19, p. 169; Laws 1875, § 1, p. 84; Laws 1911, c. 52, § 1, p. 235; R.S.1913, § 2457; C.S.1922, § 2399; C.S.1929, § 33-138; R.S.1943, § 33-133; Laws 1981, LB 204, § 52; Laws 1994, LB 1004, § 4; Laws 2004, LB 315, § 1.    


Annotations

33-134. Repealed. Laws 1972, LB 1032, § 287.

33-135. Repealed. Laws 1972, LB 1032, § 287.

33-135.01. Constables; fees; mileage.

Constables shall be allowed the same fees, including mileage, as are allowed sheriffs for like services as provided in section 33-117.

Source:Laws 1974, LB 739, § 3; Laws 1981, LB 204, § 53.


33-136. Sheriffs; fees; audit and allowance.

The county boards of the several counties in this state are hereby authorized to audit and allow the fees that may be fixed by law for services that may hereafter be performed by sheriffs in their respective counties in the arrest and examination of offenders charged with felonies.

Source:Laws 1871, § 1, p. 133; Laws 1903, c. 33, § 1, p. 282; R.S.1913, § 2640; C.S.1922, § 2402; C.S.1929, § 33-141; R.S.1943, § 33-136; Laws 1969, c. 276, § 1, p. 1041; Laws 1972, LB 1032, § 223; Laws 1988, LB 1030, § 35.


Annotations

33-137. Repealed. Laws 1973, LB 553, § 1.

33-137.01. Repealed. Laws 1949, c. 97, § 1.

33-138. Juror; compensation; mileage.

(1) Each member of a grand or petit jury in a district court or county court shall receive for his or her services thirty dollars for each day employed in the discharge of his or her duties prior to January 1, 1994, and thirty-five dollars for each such day on or after such date and mileage at the rate provided in section 81-1176 for each mile necessarily traveled. No juror shall be entitled to pay for the days he or she is voluntarily absent or excused from service by order of the court. No juror shall be entitled to pay for nonjudicial days unless actually employed in the discharge of his or her duties as a juror on such days.

(2) In the event that any temporary release from service, other than that obtained by the request of a juror, shall occasion an extra trip or trips to and from the residence of any juror or jurors the court may, by special order, allow mileage for such extra trip or trips.

(3) Payment of jurors for service in the district and county courts shall be made by the county.

(4) A juror may voluntarily waive payment under this section for his or her service as a juror.

Source:Laws 1867, § 2, p. 90; Laws 1911, c. 51, § 1, p. 234; R.S.1913, § 2463; Laws 1919, c. 115, § 1, p. 280; C.S.1922, § 2404; Laws 1929, c. 105, § 1, p. 395; C.S.1929, § 33-143; Laws 1933, c. 62, § 1, p. 296; C.S.Supp.,1941, § 33-143; R.S.1943, § 33-138; Laws 1947, c. 125, § 1, p. 364; Laws 1957, c. 134, § 1, p. 450; Laws 1965, c. 187, § 1, p. 578; Laws 1969, c. 278, § 1, p. 1045; Laws 1974, LB 736, § 1; Laws 1981, LB 204, § 54; Laws 1984, LB 13, § 75; Laws 1991, LB 147, § 1; Laws 2003, LB 760, § 14;    Laws 2012, LB865, § 3.    


Annotations

33-139. Witnesses; compensation; mileage.

Witnesses before the district court and the county court, except the Small Claims Court, and the grand jury shall receive twenty dollars, and witnesses before the Small Claims Court shall receive eight dollars, for each day actually employed in attendance on the court or grand jury, and if the witness shall reside more than one mile from the courthouse or place where the court is held, he or she shall receive mileage at the rate provided in section 81-1176 for state employees for each mile necessarily traveled.

Source:Laws 1867, § 3, p. 90; R.S.1913, § 2464; C.S.1922, § 2405; Laws 1929, c. 111, § 1, p. 405; C.S.1929, § 33-144; Laws 1933, c. 62, § 2, p. 297; C.S.Supp.,1941, § 33-144; R.S.1943, § 33-139; Laws 1963, c. 190, § 1, p. 635; Laws 1974, LB 736, § 2; Laws 1975, LB 282, § 2; Laws 1981, LB 204, § 55; Laws 1984, LB 13, § 76.


Annotations

33-139.01. Witness; certain employees; compensated for actual and necessary expenses; when.

Notwithstanding any existing provision to the contrary, when any employee of the State of Nebraska or of any political subdivision thereof is called as a witness in connection with his or her officially assigned duties, or when any privately employed security guard is called as a witness by his or her employer in connection with his or her officially assigned duties, in any action or proceeding in any court in this state, he or she shall not receive any witness fee, attendance fee, or mileage fee which shall be taxed as court costs in such action or proceeding, except that he or she shall be compensated for his or her actual and necessary expenses when required to travel outside of the county of his or her residence. Payment for such actual and necessary expenses shall be made by the party who calls the employee as a witness.

For purposes of this section, volunteer firefighters and rescue squad members and persons authorized by a city or village ordinance or county resolution to issue handicapped parking citations in a volunteer capacity pursuant to section 18-1741.01 testifying in that capacity alone shall not be deemed employees of the State of Nebraska or of any political subdivision of this state.

Source:Laws 1972, LB 1162, § 2; Laws 1973, LB 191, § 1; C.S.Supp.,1974, § 26-173.01; Laws 1975, LB 282, § 1; Laws 1984, LB 703, § 1; Laws 1985, LB 233, § 1; Laws 1995, LB 593, § 10; Laws 1996, LB 1211, § 12.


33-140. Unclaimed witness fees; report to county board by clerk; when filed.

When witness fees are paid to the clerk of the district or county court in pursuance of judgment of the court and remain uncalled for by the parties entitled to the fees for the period of six months after they have been paid in, the clerk shall prepare a list, under oath, of the causes in which such fees have been paid and remain uncalled for, with the amounts in each cause and the date of judgment, and file the list with the county board of the respective county on the first Tuesday in January, April, July, and October in each year.

Source:Laws 1877, § 1, p. 225; R.S.1913, § 6676; C.S.1922, § 6213; C.S.1929, § 77-2602; R.S.1943, § 77-2401; Laws 1972, LB 1032, § 271; R.S.1943, (1986), § 77-2401; Laws 1989, LB 11, § 1.


Annotations

33-140.01. Unclaimed witness fees; notice by county board; publication.

It shall be the duty of the county board, within twenty days after the filing of the list provided by section 33-140, to cause to be published in some weekly newspaper of general circulation, published in the county, for at least two consecutive issues of the paper, a notice in a form substantially as follows:

To whom it may concern: Report has been made to the county board of ............... County, Nebraska, by the clerk of the district or county court of the county, which report shows that there is now and has been for the last six months remaining in the hands of the clerk certain witness fees which have been uncalled for. If the fees are not called for within six months from .............. (insert the day upon which the first report was made), they will be considered as forfeited and will be paid into the common school fund of ............... County.

Source:Laws 1877, § 1, p. 225; R.S.1913, § 6676; C.S.1922, § 6213; C.S.1929, § 77-2602; R.S.1943, § 77-2402; Laws 1972, LB 1032, § 272; R.S.1943, (1986), § 77-2402; Laws 1989, LB 11, § 2.


33-140.02. Unclaimed witness fees; payment to county treasurer; credited to school fund.

All unclaimed witness fees remaining in the hands of the clerk of the district or county court for the period of six months after the list has been filed with the county board shall be paid over to the county treasurer who shall receipt in duplicate for the fees, one of which receipts shall be filed with the county clerk. All such fees shall be credited to the common school fund of the county.

Source:Laws 1877, § 2, p. 226; R.S.1913, § 6677; C.S.1922, § 6214; C.S.1929, § 77-2603; R.S.1943, § 77-2403; Laws 1972, LB 1032, § 273; R.S.1943, (1986), § 77-2403; Laws 1989, LB 11, § 3.


33-140.03. Unclaimed witness fees; duty of county board to make examination; failure of clerk to pay; suit authorized to recover.

The county board shall examine the books and dockets of the clerk of the county and district courts of the county. If the board finds that a clerk has failed to report or pay over any of the fees required by section 33-140 to be paid over or reported, the board shall notify the clerk to pay over the fees at once. If the clerk fails to pay over such fees to the county treasurer, the county board shall commence suit in any court having jurisdiction against the clerk and the person who issued the clerk's bond. The action shall be commenced in the name of the county for the benefit of the common schools of the county.

Source:Laws 1877, § 3, p. 226; R.S.1913, § 6678; C.S.1922, § 6215; C.S.1929, § 77-2604; R.S.1943, § 77-2404; R.S.1943, (1986), § 77-2404; Laws 1989, LB 11, § 4.


Annotations

33-141. Legal notices; rates.

(1) Until one year after September 9, 1995, the legal rate for the publication of all legal notices other than those exceptional legal notices described in section 33-142 shall be forty-one cents per line, single column, standard newspaper measurements of eight-point type and pica width of eleven for the first insertion and thirty-five and nine-tenths cents per line, single column, standard newspaper measurements of eight-point type and pica width of eleven for each subsequent insertion. Publication of such notices may be in any type selected by the publisher. For the purpose of uniformity, the calculation of fees for such publication shall be based on the official conversion table that follows:

CONVERSION TABLE
Five-and-One-Half-Point Type
Pica Width First Insertion Subsequent Insertions
9 48.791 42.721
9 1/2 51.502 45.095
10 54.213 47.469
10 1/2 56.924 49.843
11 59.635 52.217
11 1/2 62.346 54.591
12 65.057 56.965
12 1/2 67.768 59.339
13 70.479 61.713
13 1/2 73.190 64.087
14 75.901 66.461
14 1/2 78.612 68.835
15 81.323 71.209
15 1/2 84.034 73.583
16 86.745 75.957

Six-Point Type
Pica Width First Insertion Subsequent Insertions
9 44.725 39.161
9 1/2 47.210 41.337
10 49.695 43.513
10 1/2 52.180 45.689
11 54.665 47.865
11 1/2 57.150 50.041
12 59.635 52.217
12 1/2 62.120 54.393
13 64.605 56.569
13 1/2 67.090 58.745
14 69.575 60.921
14 1/2 72.060 63.097
15 74.545 65.273
15 1/2 77.030 67.449
16 79.515 69.625

Seven-Point Type
Pica Width First Insertion Subsequent Insertions
9 38.339 33.570
9 1/2 40.469 35.435
10 42.599 37.300
10 1/2 44.729 39.165
11 46.859 41.030
11 1/2 48.989 42.895
12 51.119 44.760
12 1/2 53.249 46.625
13 55.379 48.490
13 1/2 57.509 50.355
14 59.639 52.220
14 1/2 61.769 54.085
15 63.899 55.950
15 1/2 66.029 57.815
16 68.159 59.680

Eight-Point Type
Pica Width First Insertion Subsequent Insertions
9 33.544 29.372
9 1/2 35.408 31.004
10 37.272 32.636
10 1/2 39.136 34.268
11 41.000 35.900
11 1/2 42.864 37.532
12 44.728 39.164
12 1/2 46.592 40.796
13 48.456 42.428
13 1/2 50.320 44.060
14 52.184 45.692
14 1/2 54.048 47.324
15 55.912 48.956
15 1/2 57.776 50.588
16 59.640 52.220

Nine-Point Type
Pica Width First Insertion Subsequent Insertions
9 29.817 26.108
9 1/2 31.474 27.559
10 33.131 29.010
10 1/2 34.788 30.461
11 36.445 31.912
11 1/2 38.102 33.363
12 39.759 34.814
12 1/2 41.416 36.265
13 43.073 37.716
13 1/2 44.730 39.167
14 46.387 40.618
14 1/2 48.044 42.069
15 49.701 43.520
15 1/2 51.358 44.971
16 53.015 46.422

Ten-Point Type
Pica Width First Insertion Subsequent Insertions
9 26.836 23.496
9 1/2 28.327 24.802
10 29.818 26.108
10 1/2 31.309 27.414
11 32.800 28.720
11 1/2 34.291 30.026
12 35.782 31.332
12 1/2 37.273 32.638
13 38.764 33.944
13 1/2 40.255 35.250
14 41.746 36.556
14 1/2 43.237 37.862
15 44.728 39.168
15 1/2 46.219 40.474
16 47.710 41.780.

(2) Commencing one year after September 9, 1995, the legal rate for the publication of all legal notices other than those exceptional legal notices described in section 33-142 shall be forty-five cents per line, single column, standard newspaper measurements of eight-point type and pica width of eleven for the first insertion and thirty-nine and four-tenths cents per line, single column, standard newspaper measurements of eight-point type and pica width of eleven for each subsequent insertion. Publication of such notices may be in any type selected by the publisher. For the purpose of uniformity, the calculation of fees for such publication shall be based on the official conversion table that follows:

CONVERSION TABLE
Five-and-One-Half-Point Type
Pica Width First Insertion Subsequent Insertions
9 53.553 46.887
9 1/2 56.528 49.492
10 59.503 52.097
10 1/2 62.478 54.702
11 65.453 57.307
11 1/2 68.428 59.912
12 71.403 62.517
12 1/2 74.378 65.122
13 77.353 67.727
13 1/2 80.328 70.332
14 83.303 72.937
14 1/2 86.278 75.542
15 89.253 78.147
15 1/2 92.228 80.752
16 95.203 83.357

Six-Point Type
Pica Width First Insertion Subsequent Insertions
9 49.087 42.980
9 1/2 51.815 45.368
10 54.543 47.756
10 1/2 57.271 50.144
11 59.999 52.532
11 1/2 62.727 54.920
12 65.455 57.308
12 1/2 68.183 59.696
13 70.911 62.084
13 1/2 73.639 64.472
14 76.367 66.860
14 1/2 79.095 69.248
15 81.823 71.636
15 1/2 84.551 74.024
16 87.279 76.412

Seven-Point Type
Pica Width First Insertion Subsequent Insertions
9 42.079 36.842
9 1/2 44.417 38.889
10 46.755 40.936
10 1/2 49.093 42.983
11 51.431 45.030
11 1/2 53.769 47.077
12 56.107 49.124
12 1/2 58.445 51.171
13 60.783 53.218
13 1/2 63.121 55.265
14 65.459 57.312
14 1/2 67.797 59.359
15 70.135 61.406
15 1/2 72.473 63.453
16 74.811 65.500

Eight-Point Type
Pica Width First Insertion Subsequent Insertions
9 36.816 32.236
9 1/2 38.862 34.027
10 40.908 35.818
10 1/2 42.954 37.609
11 45.000 39.400
11 1/2 47.046 41.191
12 49.092 42.982
12 1/2 51.138 44.773
13 53.184 46.564
13 1/2 55.230 48.355
14 57.276 50.146
14 1/2 59.322 51.937
15 61.368 53.728
15 1/2 63.414 55.519
16 65.460 57.310

Nine-Point Type
Pica Width First Insertion Subsequent Insertions
9 32.724 28.655
9 1/2 34.543 30.247
10 36.362 31.839
10 1/2 38.181 33.431
11 40.000 35.023
11 1/2 41.819 36.615
12 43.638 38.207
12 1/2 45.457 39.799
13 47.276 41.391
13 1/2 49.095 42.983
14 50.914 44.575
14 1/2 52.733 46.167
15 54.552 47.759
15 1/2 56.371 49.351
16 58.190 50.943

Ten-Point Type
Pica Width First Insertion Subsequent Insertions
9 29.452 25.788
9 1/2 31.089 27.221
10 32.726 28.654
10 1/2 34.363 30.087
11 36.000 31.520
11 1/2 37.637 32.953
12 39.274 34.386
12 1/2 40.911 35.819
13 42.548 37.252
13 1/2 44.185 38.685
14 45.822 40.118
14 1/2 47.459 41.551
15 49.096 42.984
15 1/2 50.733 44.417
16 52.370 45.850.

Source:R.S.1866, c. 19, § 17, p. 168; Laws 1869, § 1, p. 159; R.S.1913, § 2466; Laws 1921, c. 181, § 1, p. 682; C.S.1922, § 2407; C.S.1929, § 33-146; R.S.1943, § 33-141; Laws 1951, c. 105, § 1, p. 511; Laws 1965, c. 189, § 1, p. 580; Laws 1971, LB 401, § 1; Laws 1982, LB 629, § 1; Laws 1989, LB 298, § 1; Laws 1995, LB 418, § 1.


Annotations

33-142. Legal notices; separate contract rate; authorized.

A public official or other legal notice purchaser who determines it is necessary or for purposes of public information desirable to publish a legal notice using (1) a type size larger than shown in the conversion table in section 33-141, (2) placement of the legal notice in a place more prominent than the regular legal notice portion of the legal newspaper, or (3) a legal newspaper with a paid statewide circulation in excess of one hundred thousand may negotiate with any legal newspaper for a separate contract rate different from the rates set forth in section 33-141 but no higher than the newspaper's lowest scheduled rate for classified advertisements of the type sought to be purchased.

Source:Laws 1989, LB 298, § 2.


33-143. Legal notice; substitute notice; authorized.

If a legal notice required by any statute of this state cannot be purchased at the rate set forth in section 33-141 or at the fraction of that rate specified by the particular statute requiring the legal notice, the legal notice purchaser may substitute for published legal notice a form of legal notice which includes, but is not limited to, posting the notice for the full period specified in the statute at the place or places specified in the statute. If no place is specified, then the posting shall be in full public view at the regular meeting place or office of any public entity involved, at the place where the particular meeting, act, or event described by the notice is to occur, and on a public bulletin board in the municipal office building and the county office building of the municipality and county nearest to the place of the meeting, act, or event described in the notice.

Source:Laws 1989, LB 298, § 3.


33-144. Repealed. Laws 1959, c. 140, § 7.

33-145. Court costs; how taxed and entered.

In all actions, motions, and proceedings in the Supreme Court, Court of Appeals, district courts, separate juvenile courts, and county courts, the costs of the parties shall be taxed and entered on the record separately.

Source:R.S.1866, c. 19, § 26, p. 170; R.S.1913, § 2470; C.S.1922, §§ 2411, 2412; C.S.1929, § 33-150; R.S.1943, § 33-145; Laws 1991, LB 1, § 4; Laws 1991, LB 732, § 98.


Annotations

33-146. Fees; refusal to pay; when justified.

It shall be lawful for any person to refuse payment of fees to any officer who will not make out a fee bill signed by him if required, and also a receipt or discharge signed by him for fees paid.

Source:R.S.1866, c. 19, § 28, p. 171; R.S.1913, § 2471; C.S.1922, § 2413; C.S.1929, § 33-151; R.S.1943, § 33-146.


Annotations

33-147. Illegal fees; taking; penalty.

If any officer shall take greater fees than those prescribed in sections 33-101 to 33-146, for any service to be done by him in his office, or shall charge or demand, and take any of the fees prescribed in said sections without performing the service for which such fees are authorized, he shall forfeit and pay the sum of fifty dollars to the party injured, to be recovered as debts of the same amount are recoverable by law.

Source:R.S.1866, c. 19, § 30, p. 171; R.S.1913, § 2472; C.S.1922, § 2414; C.S.1929, § 33-152; R.S.1943, § 33-147.


Annotations

33-148. Fees; schedule; failure to post; penalty.

All officers whose fees are prescribed in sections 33-101 to 33-147 are hereby required to make fair tables of their respective fees, and keep the same in their respective offices in some conspicuous place, for the inspection of all persons who shall have business in said offices. If any such officer shall neglect to keep a table of fees of his office as aforesaid, such officer shall, for each day of such neglect so to keep a table of fees of his office, forfeit and pay the sum of five dollars, to be recovered by action at law before the county court, for the use of the county in which the offense shall have been committed.

Source:R.S.1866, c. 19, § 31, p. 171; R.S.1913, § 2473; C.S.1922, § 2415; C.S.1929, § 33-153; R.S.1943, § 33-148; Laws 1972, LB 1032, § 225.


33-149. Repealed. Laws 1961, c. 165, § 1.

33-150. Repealed. Laws 1999, LB 828, § 178.

33-151. Fees of state boards and agencies; amount available for use of each.

All money now in the state treasury to the credit of the Board of Barber Examiners, the State Real Estate Commission, the Board of Engineers and Architects, the State Athletic Commissioner, the Nebraska Oil and Gas Conservation Commission pursuant to sections 57-906 and 57-911, and any other state board, bureau, division, fund, or commission not mentioned in this section, and all money collected by each of such boards, bureaus, divisions, or commissions during any biennium, if and when specifically appropriated by the Legislature for that purpose, are made immediately available for the use and benefit of such board, bureau, division, or commission. This section shall not be construed to apply to the fees inuring to the Nebraska Brand Inspection and Theft Prevention Fund.

Source:Laws 1941, c. 68, § 2, p. 295; C.S.Supp.,1941, § 33-163; Laws 1943, c. 89, § 1, p. 294; R.S.1943, § 33-151; Laws 1945, c. 77, § 1, p. 285; Laws 1947, c. 126, § 1, p. 365; Laws 1996, LB 33, § 2; Laws 1999, LB 828, § 2;    Laws 2003, LB 242, § 4.    


33-152. Fees of state boards and agencies; withdrawal.

The Director of Administrative Services is authorized and empowered to draw his or her warrants against the several fee fund accounts of each of the special boards, bureaus, commissions, or divisions enumerated in section 33-151, upon duly itemized and verified vouchers approved by the person or persons having supervision or charge of the respective funds and who are authorized by law to approve such vouchers. Upon presentation of the warrants the State Treasurer shall countersign the same and shall pay the warrants out of, but never in excess of, the amount of the fee funds specifically appropriated.

Source:Laws 1941, c. 68, § 3, p. 295; C.S.Supp.,1941, § 33-164; R.S.1943, § 33-152; Laws 1999, LB 828, § 3.    


33-153. Fees for acknowledgments, oaths, affirmations; report to county board; payment to county treasurer.

All fees received for taking acknowledgments, oaths and affirmations, by any county officer, or any deputy or employee in his office, whether received for taking acknowledgments, oaths and affirmations, in an official capacity as a county officer or while acting in the capacity of a notary public, must be reported to the county board and paid into the county treasury. Any person who shall violate any of the provisions of this section shall be guilty of a misdemeanor, and, upon conviction thereof, shall be fined in a sum not in excess of one hundred dollars. Any county officer or deputy so offending shall also be subject to removal from office.

Source:Laws 1943, c. 85, § 1, p. 285; R.S.1943, § 33-153.


33-154. Additional court cost; training fee.

In addition to all other court costs assessed according to law, a training fee of one dollar shall be taxed as costs for each case filed in each county court and district court, including appeals to such courts, and for each appeal and original action filed in the Court of Appeals and the Supreme Court. The fees shall be remitted to the State Treasurer on forms prescribed by the State Treasurer within ten days after the end of each month. The State Treasurer shall credit the fees to the Supreme Court Education Fund.

Source:Laws 2003, LB 760, § 3.    


33-155. Additional court cost; dispute resolution fee.

In addition to all other court costs assessed according to law, a dispute resolution fee of seventy-five cents shall be taxed as costs for each case filed in each county court and district court, including appeals to such courts, and for each appeal and original action filed in the Court of Appeals and the Supreme Court. The fees shall be remitted to the State Treasurer on forms prescribed by the State Treasurer within ten days after the end of each month. The State Treasurer shall credit the fees to the Dispute Resolution Cash Fund.

Source:Laws 2003, LB 760, § 7.    


33-156. Additional court cost; indigent defense fee.

(1) In addition to all other court costs assessed according to law, an indigent defense fee of three dollars shall be taxed as costs for each case filed in each county court and district court, including appeals to such courts, and for each appeal and original action filed in the Court of Appeals and the Supreme Court. The fees shall be remitted to the State Treasurer on forms prescribed by the State Treasurer within ten days after the end of the month. The State Treasurer shall credit the fees to the Commission on Public Advocacy Operations Cash Fund.

(2) In cases under the DNA Testing Act, costs shall be paid as provided in such act.

Source:Laws 1995, LB 646, § 13; Laws 1997, LB 108, § 2; Laws 2000, LB 1085, § 1;    Laws 2001, LB 659, § 18;    Laws 2002, LB 876, § 67;    R.S.Supp.,2002, § 29-3931; Laws 2003, LB 760, § 12;    Laws 2005, LB 348, § 17.    


Cross References

33-157. Conviction for misdemeanor or felony; affirmation on appeal; additional assessment of cost; use; Nebraska Crime Victim Fund; created; use.

(1) In addition to all other costs assessed according to law, an assessment of one dollar shall be assessed for each conviction of a person for any misdemeanor or felony in county court or district court and each affirmation on appeal. No such assessment shall be collected in any juvenile court proceeding. No county shall be liable for the assessment imposed pursuant to this section. The assessments shall be remitted to the State Treasurer on forms prescribed by the State Treasurer within ten days after the end of the month.

(2) The Nebraska Crime Victim Fund is created. The fund shall contain the amounts remitted pursuant to subsection (1) of this section and section 83-184. The fund shall be administered by the Nebraska Commission on Law Enforcement and Criminal Justice. As soon as funds become available, the commission shall direct the State Treasurer to transfer money from the Nebraska Crime Victim Fund to the Department of Correctional Services Facility Cash Fund and the Supreme Court Automation Cash Fund to pay for the initial costs in implementing Laws 2010, LB510, in amounts to be determined by the Department of Correctional Services and the Supreme Court and certified to the commission. When such costs are fully reimbursed, the Nebraska Crime Victim Fund shall terminate and the State Treasurer shall distribute seventy-five percent of the funds remitted pursuant to subsection (1) of this section and section 83-184 to the Victim's Compensation Fund to be awarded as compensation for losses and expenses allowable under the Nebraska Crime Victim's Reparations Act and shall distribute twenty-five percent of such funds to the Reentry Cash Fund.

Source:Laws 2010, LB510, § 1.    


Cross References