HF 1278

1st Committee Engrossment - 86th Legislature (2009 - 2010) Posted on 03/19/2013 07:28pm

1.1A bill for an act

1.2relating to counties; providing for appointment and consolidation of certain
1.3county offices, subject to notice, hearing, reverse referendum; amending
1.4Minnesota Statutes 2008, sections 375A.10, subdivision 5; 375A.12, subdivision
1.52, by adding a subdivision; 382.01.
1.6BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

1.7    Section 1. Minnesota Statutes 2008, section 375A.10, subdivision 5, is amended to
1.8read:
1.9    Subd. 5. Auditor-treasurer. In any county exercising the option provided
1.10in subdivision 2, clause (c), the office shall be known thereafter as the office of
1.11auditor-treasurer, if the office is to remain elective. If the board chooses to make the
1.12office of auditor-treasurer elective, and not require a referendum, it must act with the
1.13concurrence of 80 percent of its members.
1.14In the exercise of this option, the county board shall direct which of the offices of
1.15auditor or treasurer shall be terminated for the purpose of providing for the election to
1.16the single office of auditor-treasurer. The duties, functions and responsibilities which
1.17have been heretofore and which shall hereafter be required by statute to be performed
1.18by the county auditor and the county treasurer shall be vested in and performed by the
1.19auditor-treasurer without diminishing, prohibiting or avoiding those specific duties
1.20required by statute to be performed by the county auditor and the county treasurer.
1.21Nothing in this subdivision shall preclude the county from exercising the option to
1.22make the combined office of auditor-treasurer appointive as if it had been specifically
1.23enumerated in subdivision 2. If the combined office is to be appointive, a referendum
1.24under section 375A.12 shall be necessary, except as provided by section 375A.12,
1.25subdivision 2a.
2.1If the combined office is to be elective, a referendum under section 375A.12 shall
2.2be necessary if:
2.3(a) the county board requires a referendum; or
2.4(b) a referendum is required by a petition of a number of voters equal to ten
2.5percent of those voting in the county at the last general election that is received by the
2.6county auditor within 30 days after the second publication of the board resolution that
2.7orders the combination.
2.8The persons last elected to the positions of auditor and treasurer before adoption
2.9of the resolution shall serve in those offices and perform the duties of those offices until
2.10the completion of the terms to which they were elected.

2.11    Sec. 2. Minnesota Statutes 2008, section 375A.12, subdivision 2, is amended to read:
2.12    Subd. 2. Form of government options. Except as provided in subdivision 2a, the
2.13options provided in sections 375A.01 to 375A.10 shall be adopted in any county only after
2.14an affirmative vote of the voters in the county on the question of the adoption of the
2.15option. Except as provided in section 375A.01, only one such plan may be submitted
2.16at any one election.

2.17    Sec. 3. Minnesota Statutes 2008, section 375A.12, is amended by adding a subdivision
2.18to read:
2.19    Subd. 2a. Publishing resolution; hearing; petition; referendum. An option
2.20provided in section 375A.10, subdivision 2, clause (a), for the appointment of the
2.21county auditor, county treasurer, or county recorder; or for the appointment of the
2.22auditor-treasurer under section 375A.10, subdivision 5, may be adopted by the county
2.23board by resolution if the option is approved by at least 80 percent of the members of the
2.24county board. Before the adoption of the resolution, the county board must publish a
2.25resolution notifying the public of its intent to consider the option once each week for two
2.26consecutive weeks in the official publication of the county. Following the publication,
2.27the county board shall provide an opportunity at its next regular meeting for public
2.28comment relating to the option, prior to formally adopting the option. The resolution
2.29may be adopted and implemented without the submission of the question to the voters
2.30of the county unless, within 60 days after the second publication of the resolution, a
2.31petition requesting a referendum, signed by at least ten percent of the registered voters
2.32of the county, is filed with the county auditor. If a petition is filed, the resolution may be
2.33implemented unless disapproved by a majority of the voters of the county voting on the
2.34question at a regular or special election.

3.1    Sec. 4. Minnesota Statutes 2008, section 382.01, is amended to read:
3.2382.01 OFFICERS ELECTED; TERMS.
3.3In every county in this state there shall be elected at the general election in 1918 a
3.4county auditor, a county treasurer, sheriff, county recorder, county attorney, and coroner.
3.5The terms of office of these officers shall be four years and shall begin on the first
3.6Monday in January next succeeding their election. They shall hold office until their
3.7successors are elected and qualified. Each of these offices shall must be filled by election
3.8every four years thereafter, unless an office is consolidated with another county office, or
3.9made appointive under chapter 375A or some other general or special law.