State Ex Rel. Meyer v. County of Banner

244 N.W.2d 179, 196 Neb. 565, 1976 Neb. LEXIS 832
CourtNebraska Supreme Court
DecidedJuly 21, 1976
Docket40435
StatusPublished
Cited by9 cases

This text of 244 N.W.2d 179 (State Ex Rel. Meyer v. County of Banner) is published on Counsel Stack Legal Research, covering Nebraska Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
State Ex Rel. Meyer v. County of Banner, 244 N.W.2d 179, 196 Neb. 565, 1976 Neb. LEXIS 832 (Neb. 1976).

Opinions

McCown, J.

The State of Nebraska brought this action against Banner County to recover funds alleged to be due for the period of December 1, 1969, to December 31, 1972, to the Nebraska Retirement Fund for Judges with respect to the county judge of Banner County. Banner County denied liability and by counterclaim and cross-petition sought reimbursement for costs and expenses paid by the county for maintaining the county court and District Court; for prosecuting persons for state crimes; and for conducting state and national elections. Such payments by the county are alleged to be unconstitutional under Article VIII, section 1A, of the Nebraska Constitution, prohibiting the state from levying a property tax for state purposes.

The District Court entered judgment for the State in the sum of $493.33 upon the cause of action set out in the petition; found against the county on the causes of action set out in the counterclaim and cross-petition; and dismissed those causes of action. The county has appealed.

Virtually all facts are stipulated and not in dispute. At all times relevant to the cause of action set out in plaintiff’s petition the county judge of Banner County was an employee of the county and his salary was paid by the county. The cause of action set out in the petition rests on the provisions of section 24-703.01, R. S. Supp., 1969. That section provided: “Counties and municipalities shall remit to the State Treasurer each [567]*567month a sum equal to the amount any county judge or municipal judge, as the case may be, contributes to the Nebraska Retirement Fund for Judges, to be placed in the Retirement Fund for Judges * *

Section 24-703, R. S. Supp., 1969, among other provisions, required the county clerk of each county to deduct from the payroll the contribution required of the county judge, and to pay the amounts so deducted to the executive officer in charge of the judges retirement system to be credited to the Nebraska Retirement Fund for Judges.

Banner County contends that section 24-703.01, R. S. Supp., 1969, was not intended to require a matching contribution from the county but only to require the county to remit the amount contributed by the county judge.

Under section 24-703, R. S. Supp., 1969, the State was required to pay each year, in addition to contributions from judges and supplementary court fees received, an amount necessary to fully fund all unfunded accrued liabilities of the retirement system. That contribution was for the benefit of all judges, whether their salaries were paid by the State or by a county or a municipality. Section 24-703.01, R. S. Supp., 1969, simply required counties and municipalities, as employers, to match the contribution of their employee judges.

If there were serious doubt as to the statutory meaning, it should be resolved by the fact that the amount required to be deducted from the pay of the county judge by the county clerk in section 24-703, R. S. Supp., 1969, was required to be paid to the executive officer in charge of the judges’ retirement system. The amount required to be remitted by the county under section 24-703.01, R. S. Supp., 1969, was required to be paid to the State Treasurer. The fact that separate liabilities and payments are required is obvious. That conclusion is reinforced by subsequent statutory changes which refer to “matching contributions.” See § 24-703(5), R. S. Supp., 1974.

[568]*568Statutes pertaining to the same subject matter should be construed together as if they were one law and effect given to every provision. Crete Education Assn. v. School Dist. of Crete, 193 Neb. 245, 226 N. W. 2d 752. The District Court properly construed the statutes involved here and its judgment was correct unless it is affected by the constitutional issues raised in defendant’s counterclaim and cross-petition.

By counterclaim and cross-petition the county seeks reimbursement from the State and declaratory relief from liability for costs and expenses required by statute to be paid by the county for maintaining a county court; for maintaining a District Court; for prosecuting state criminal law violations; and for conducting state and national elections. The county contends that these costs and expenses are for state purposes rather than local purposes and are raised by the county and paid from property taxes, and argues that, therefore, the State is indirectly levying a property tax for state purposes in violation of Article VIII, section 1A, Nebraska Constitution.

Article VIII, section 1A, first adopted in 1954, became effective in its present form in 1966. It provides: “The state shall be prohibited from levying a property tax for state purposes.” Prior to 1966, there was no income or sales tax, and the principal tax source for the support of state government was a property tax, imposed by a state levy, separate and distinct from the levies imposed by counties, cities, and other political subdivisions. The amendment became effective with the adoption of an income and sales tax by the State in 1966.

The amendment, by its terms, prohibits only the State from levying a property tax, and then only for state purposes. It does not affect the use of property taxes by a county, city, or other local subdivision. Counties, cities, and other taxing subdivisions of state government have traditionally relied and still rely upon property taxes as their major source of revenue. Historically [569]*569and currently the governmental activities supported by a county property tax at the time the amendment was adopted were and are serving substantial local purposes. The constitutional amendment was not intended to disturb that tax structure nor effect any change in the use of property taxation by any governmental unit except the State itself.

In three of the four areas of governmental activity involved here there has been no major statutory change in the manner of operation, nor in the manner or proportion of local tax support for a period beginning long prior to the adoption of the amendment. The same was true of the county court system until the unified system of county courts became operative on January 4, 1973. Prior to that change, the counties had been responsible for all costs and expenses involved in maintaining and operating the county courts. Under the unified system, the counties’ responsibility for costs and expenses has been reduced to establishing, furnishing, and maintaining appropriate courtroom and office facilities for the county court and the State has assumed all salaries and other expenses involved in the operation of the county court system.

In all areas challenged here, the proportion of county tax support is either the same or smaller than it was when the constitutional amendment was adopted.

In the landmark case of Craig v. Board of Equalization, 183 Neb. 779, 164 N. W. 2d 445, this court said: “The county has been viewed historically as a limited agency. Funding most, if not all, county functions has served state purposes. State government has remained largely free to supervise local administration of the property tax. Programs of state assistance to local units have been tied to effective, equitable use of the property tax by the local units themselves. Federal, state, and local governments have joined to combat conditions of common concern.”

In that case we held: “In order for the state Con[570]

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State Ex Rel. Meyer v. County of Banner
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Bluebook (online)
244 N.W.2d 179, 196 Neb. 565, 1976 Neb. LEXIS 832, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-ex-rel-meyer-v-county-of-banner-neb-1976.