Minnesota Legislature
HF 2028
2nd Engrossment - 84th Legislature (2005 - 2006) Posted on 12/15/2009 12:00am
Current Version - 2nd Engrossment
1.6 1.7 1.8 1.9 1.10 1.11 1.12 1.13 1.14 1.15 1.16 1.17 1.18 1.19 1.20 1.21 1.22 1.23 1.24 1.25 2.1 2.2 2.3 2.4 2.5 2.6 2.7 2.8 2.9 2.10 2.11 2.12 2.13 2.14 2.15 2.16 2.17 2.18 2.19 2.20 2.21 2.22 2.23 2.24
2.25 2.26 2.27 2.28 2.29 2.30 2.31 2.32 2.33 2.34 2.35 2.36 3.1 3.2 3.3 3.4 3.5 3.6 3.7 3.8 3.9 3.10 3.11 3.12 3.13 3.14 3.15 3.16 3.17 3.18 3.19 3.20 3.21 3.22 3.23 3.24 3.25 3.26 3.27 3.28 3.29 3.30 3.31 3.32 3.33 3.34 3.35 3.36 4.1
4.2 4.3 4.4 4.5 4.6 4.7 4.8 4.9 4.10 4.11 4.12 4.13 4.14 4.15 4.16 4.17 4.18 4.19 4.20 4.21 4.22 4.23 4.24 4.25 4.26 4.27 4.28 4.29 4.30 4.31 4.32 4.33 4.34 4.35 4.36 5.1 5.2 5.3 5.4 5.5 5.6 5.7 5.8 5.9
5.10 5.11 5.12 5.13 5.14 5.15 5.16 5.17 5.18 5.19 5.20
A bill for an act
relating to counties; providing a process for making
certain offices appointive in Pope, Lac qui Parle, and
Nobles Counties.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
Section 1. new text begin POPE COUNTY OFFICERS MAY BE APPOINTED.
new text end
new text begin Subdivision 1. new text end
new text begin
Authority to make office appointive.
new text end
new text begin
Notwithstanding Minnesota Statutes, section 382.01, upon
adoption of a resolution by the Pope County Board of
Commissioners, the offices of Pope County recorder and Pope
County auditor-treasurer are not elective but must be filled by
appointment by the county board as provided in the resolution.
new text end
new text begin Subd. 2. new text end
new text begin
Board controls; may change as long as duties
done.
new text end
new text begin
Upon adoption of a resolution by the Pope County Board of
Commissioners and subject to subdivisions 3 and 4, the duties of
an elected official required by statute whose office is made
appointive as authorized by this section must be discharged by
the Board of Commissioners of Pope County acting through a
department head appointed by the board for that purpose. A
reorganization, reallocation, or delegation or other
administrative change or transfer does not diminish, prohibit,
or avoid the discharge of duties required by statute.
new text end
new text begin Subd. 3. new text end
new text begin Incumbents to complete term. new text end
new text begin
The person elected
at the last general election to an office made appointive under
this section must serve in that capacity and perform the duties,
functions, and responsibilities required by statute until the
completion of the term of office to which the person was elected
or until a vacancy occurs in the office, whichever occurs
earlier.
new text end
new text begin Subd. 4. new text end
new text begin
Publishing resolution; petition,
referendum.
new text end
new text begin
The Pope County Board may provide for the
appointment of a county office as permitted in this section if
the resolution to make the office appointive is approved by at
least 80 percent of the members of the county board. Before the
adoption of the resolution, the county board must publish a
resolution notifying the public of its intent to consider the
option once each week for two consecutive weeks in the official
publication of the county. Following the publication, the
county board shall provide an opportunity at its next regular
meeting for public comment relating to the option, prior to
formally adopting the option. The resolution may be implemented
without the submission of the question to the voters of the
county unless, within 30 days after the second publication of
the resolution, a petition requesting a referendum, signed by at
least ten percent of the registered voters of Pope County, is
filed with the Pope County auditor. If a petition is filed, the
resolution may be implemented unless disapproved by a majority
of the voters of the county voting on the question at a regular
or special election.
new text end
Sec. 2. new text begin LAC QUI PARLE COUNTY OFFICERS MAY BE COMBINED AND
APPOINTED.
new text end
new text begin Subdivision 1. new text end
new text begin
Authority to make office appointive.
new text end
new text begin
Notwithstanding Minnesota Statutes, section 382.01, upon
adoption of a resolution by the Lac qui Parle County Board of
Commissioners, the offices of Lac qui Parle County auditor and
Lac qui Parle County treasurer may be combined, and the offices
of Lac qui Parle County recorder and Lac qui Parle County
auditor-treasurer are not elective but must be filled by
appointment by the county board as provided in the resolution.
new text end
new text begin Subd. 2. new text end
new text begin
Board controls; may change as long as duties
done.
new text end
new text begin
Upon adoption of a resolution by the Lac qui Parle County
Board of Commissioners and subject to subdivisions 3 and 4, the
duties of an elected official required by statute whose office
is combined and made appointive or is made appointive as
authorized by this section must be discharged by the Board of
Commissioners of Lac qui Parle County acting through a
department head appointed by the board for that purpose. A
reorganization, reallocation, or delegation or other
administrative change or transfer does not diminish, prohibit,
or avoid the discharge of duties required by statute.
new text end
new text begin Subd. 3. new text end
new text begin Incumbents to complete term. new text end
new text begin
The person elected
at the last general election to an office combined and made
appointive or made appointive under this section must serve in
that capacity and perform the duties, functions, and
responsibilities required by statute until the completion of the
term of office to which the person was elected or until a
vacancy occurs in the office, whichever occurs earlier.
new text end
new text begin Subd. 4. new text end
new text begin
Publishing resolution; petition,
referendum.
new text end
new text begin
The Lac qui Parle County Board may provide for the
combination and appointment or appointment of a county office as
permitted in this section if the resolution to make the office
combined and made appointive or appointive is approved by at
least 80 percent of the members of the county board. Before the
adoption of the resolution, the county board must publish a
resolution notifying the public of its intent to consider the
option once each week for two consecutive weeks in the official
publication of the county. Following the publication, the
county board shall provide an opportunity at its next regular
meeting for public comment relating to the option, prior to
formally adopting the option. The resolution may be implemented
without the submission of the question to the voters of the
county unless, within 30 days after the second publication of
the resolution, a petition requesting a referendum, signed by at
least ten percent of the registered voters of the county, is
filed with the Lac qui Parle County auditor. If a petition is
filed, the resolution may be implemented unless disapproved by a
majority of the voters of the county voting on the question at a
regular or special election.
new text end
Sec. 3. new text begin NOBLES COUNTY OFFICERS MAY BE APPOINTED.
new text end
new text begin Subdivision 1. new text end
new text begin
Authority to make office appointive.
new text end
new text begin
Notwithstanding Minnesota Statutes, section 382.01, upon
adoption of a resolution by the Nobles County Board of
Commissioners, the offices of Nobles County recorder and Nobles
County auditor-treasurer are not elective but must be filled by
appointment by the county board as provided in the resolution.
new text end
new text begin Subd. 2. new text end
new text begin
Board controls; may change as long as duties
done.
new text end
new text begin
Upon adoption of a resolution by the Nobles County Board
of Commissioners and subject to subdivisions 3 and 4, the duties
of an elected official required by statute whose office is made
appointive as authorized by this section must be discharged by
the Board of Commissioners of Nobles County acting through a
department head appointed by the board for that purpose. A
reorganization, reallocation, or delegation or other
administrative change or transfer does not diminish, prohibit,
or avoid the discharge of duties required by statute.
new text end
new text begin Subd. 3. new text end
new text begin Incumbents to complete term. new text end
new text begin
The person elected
at the last general election to an office made appointive under
this section must serve in that capacity and perform the duties,
functions, and responsibilities required by statute until the
completion of the term of office to which the person was elected
or until a vacancy occurs in the office, whichever occurs
earlier.
new text end
new text begin Subd. 4. new text end
new text begin
Publishing resolution; petition,
referendum.
new text end
new text begin
The Nobles County Board may provide for the
appointment of a county office as permitted in this section if
the resolution to make the office appointive is approved by at
least 80 percent of the members of the county board. Before the
adoption of the resolution, the county board must publish a
resolution notifying the public of its intent to consider the
option once each week for two consecutive weeks in the official
publication of the county. Following the publication, the
county board shall provide an opportunity at its next regular
meeting for public comment relating to the option, prior to
formally adopting the option. The resolution may be implemented
without the submission of the question to the voters of the
county unless, within 30 days after the second publication of
the resolution, a petition requesting a referendum, signed by at
least ten percent of the registered voters of the county, is
filed with the Nobles County auditor. If a petition is filed,
the resolution may be implemented unless disapproved by a
majority of the voters of the county voting on the question at a
regular or special election.
new text end
Sec. 4. new text begin EFFECTIVE DATE; LOCAL APPROVAL.
new text end
new text begin
Section 1 is effective the day after the governing body of
Pope County and its chief clerical officer timely complete their
compliance with Minnesota Statutes, section 645.021,
subdivisions 2 and 3. Section 2 is effective the day after the
governing body of Lac qui Parle County and its chief clerical
officer timely complete their compliance with Minnesota
Statutes, section 645.021, subdivisions 2 and 3. Section 3 is
effective the day after the governing body of Nobles County and
its chief clerical officer timely complete their compliance with
Minnesota Statutes, section 645.021, subdivisions 2 and 3.
new text end