HF 950

as introduced - 83rd Legislature (2003 - 2004) Posted on 12/15/2009 12:00am

  1.1                          A bill for an act 
  1.2             relating to local government; providing that city or 
  1.3             county assessors may not also hold certain city or 
  1.4             county offices; amending Minnesota Statutes 2002, 
  1.5             section 273.061, subdivision 1. 
  1.6   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.7      Section 1.  Minnesota Statutes 2002, section 273.061, 
  1.8   subdivision 1, is amended to read: 
  1.9      Subdivision 1.  [OFFICE CREATED; APPOINTMENT, 
  1.10  QUALIFICATIONS.] Every county in this state shall have a county 
  1.11  assessor.  The county assessor shall be appointed by the board 
  1.12  of county commissioners.  The assessor shall be selected and 
  1.13  appointed because of knowledge and training in the field of 
  1.14  property taxation and appointment shall be approved by the 
  1.15  commissioner of revenue before the same shall become effective.  
  1.16  Upon receipt by the county commissioners of the commissioner of 
  1.17  revenue's refusal to approve an appointment, the term of the 
  1.18  appointee shall terminate at the end of that day.  
  1.19     The commissioner of revenue may grant approval on a 
  1.20  probationary basis for a period of two years.  The commissioner 
  1.21  must base the decision to impose a probationary period on 
  1.22  objective and consistent criteria.  At the end of the two-year 
  1.23  probationary period, the commissioner may either refuse to 
  1.24  approve the person's appointment for the remainder of the 
  1.25  person's four-year term, approve the person's appointment but 
  2.1   only for another two-year probationary period, or 
  2.2   unconditionally approve the person's appointment for the 
  2.3   remainder of the four-year term for which the person was 
  2.4   originally appointed by the county board.  The criteria shall 
  2.5   not be considered rules and are not subject to the 
  2.6   Administrative Procedure Act. 
  2.7      Notwithstanding any law to the contrary, a county assessor 
  2.8   must have senior accreditation from the state board of assessors 
  2.9   by January 1, 1992, or within two years of the assessor's first 
  2.10  appointment under this section, whichever is later. 
  2.11     The person appointed as the county assessor may not also be 
  2.12  the county auditor, the county attorney, or a county board 
  2.13  member for the same county.  The person appointed as the county 
  2.14  assessor may not also be a city council member for a city in the 
  2.15  same county.  The person appointed as the city assessor may not 
  2.16  also be a city council member for the same city.  An assessor 
  2.17  who accepts such a position is deemed to have resigned from the 
  2.18  assessor position on January 2, 2004, or on the day the person 
  2.19  takes the oath of office for the other office, whichever is 
  2.20  later. 
  2.21     [EFFECTIVE DATE.] This section is effective January 2, 
  2.22  2004, and thereafter.