Key: (1) language to be deleted (2) new language
CHAPTER 91-S.F.No. 1669 An act relating to Benton county; permitting the combining of the offices of auditor and treasurer and appointment to the combined office and to the offices of recorder and coroner; providing for completion of current terms and for a reverse referendum; providing for the reorganization of certain duties and terms of office. BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: Section 1. [AUDITOR AND TREASURER MAY BE COMBINED.] Notwithstanding Minnesota Statutes, section 382.01, upon adoption of a resolution by the Benton county board of commissioners, the offices of county auditor and county treasurer may be combined. Sec. 2. [ELECTIVE OFFICES MAY BE MADE APPOINTIVE.] Notwithstanding Minnesota Statutes, section 382.01, upon adoption of a resolution by the Benton county board of commissioners, the office of auditor-treasurer, if combined under section 1, and the offices of county recorder and county coroner are not elective but must be filled by appointment by the county board as provided in the resolution. Sec. 3. [PUBLISHING RESOLUTIONS, PETITION, REFERENDUM.] The county board, before acting as permitted by section 1 and before making an appointment as permitted by section 2, but after adopting a resolution permitted by section 1 or 2, must publish the resolution once each week for two consecutive weeks in the official publication of the county. The resolution may be implemented without the submission of the question to the voters of the county, unless within 21 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 county auditor or, if combined, the county auditor/treasurer. 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. Sec. 4. [BOARD AUTHORITY.] Upon adoption of a resolution by the Benton county board of commissioners, the duties of the elected officials required by law whose offices are made appointive under this act must be discharged by the board of commissioners of Benton county acting through a department head or heads appointed by the board for that purpose. Each appointed department head shall serve at the pleasure of the board. As of July 1, 1997, the board may reorganize, consolidate, reallocate, or delegate the duties to promote efficiency in county government. A reorganization, reallocation, or delegation or other administrative change or transfer does not diminish, prohibit, or avoid the discharge of duties required by law. Sec. 5. [TRANSITION.] The persons elected at the November 1994 general election to the position of auditor, treasurer, recorder, and coroner shall serve in that capacity and perform the duties, functions, and responsibilities required by law, or as duties have been reorganized, consolidated, or reallocated by the board after July 1, 1997, until the completion of the term of office to which elected, or until a vacancy occurs in the office, whichever occurs first. Sec. 6. [EFFECTIVE DATE.] This act is effective, without local approval, July 1, 1997. Presented to the governor May 2, 1997 Signed by the governor May 6, 1997, 11:13 a.m.
Official Publication of the State of Minnesota
Revisor of Statutes