SF 2611

1st Engrossment - 80th Legislature (1997 - 1998)

Posted on 12/15/2009 12:00 a.m.

  1.1                          A bill for an act 
  1.2             relating to Cottonwood county; permitting the 
  1.3             appointment of the auditor and treasurer. 
  1.4   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.5      Section 1.  [AUDITOR AND TREASURER MAY BE APPOINTED.] 
  1.6      Notwithstanding Minnesota Statutes, section 382.01, upon 
  1.7   adoption of a resolution by the Cottonwood county board of 
  1.8   commissioners, the offices of county auditor and county 
  1.9   treasurer are not elective but must be filled by appointment by 
  1.10  the county board as provided in the resolution. 
  1.11     Sec. 2.  [BOARD CONTROLS, MAY CHANGE AS LONG AS DUTIES 
  1.12  DONE.] 
  1.13     Upon adoption of a resolution by the Cottonwood county 
  1.14  board of commissioners and subject to sections 3 and 4, the 
  1.15  duties of the elected official required by statute whose offices 
  1.16  are made appointive as authorized by this act must be discharged 
  1.17  by the board of commissioners of Cottonwood county acting 
  1.18  through a department head appointed by the board for that 
  1.19  purpose.  The resolution may provide for the consolidation of 
  1.20  the duties of the offices in a single department head.  A 
  1.21  reorganization, reallocation, or delegation or other 
  1.22  administrative change or transfer does not diminish, prohibit, 
  1.23  or avoid the discharge of duties required by statute. 
  1.24     Sec. 3.  [INCUMBENT TO COMPLETE TERM.] 
  2.1      The persons elected at the November 1994 general election 
  2.2   to the positions of auditor and treasurer shall serve in those 
  2.3   capacities and perform the duties, functions, and 
  2.4   responsibilities required by statute, until the completion of 
  2.5   the term of office to which the person was elected, or until a 
  2.6   vacancy occurs in the office, whichever occurs earlier. 
  2.7      Sec. 4.  [PUBLISHING RESOLUTION, PETITION, REFERENDUM.] 
  2.8      The county board, before acting as permitted by section 2 
  2.9   and before making an appointment as permitted by section 1 or 2, 
  2.10  but after adopting a resolution permitted by section 1 or 2, 
  2.11  must publish the resolution once each week for two consecutive 
  2.12  weeks in the official publication of the county.  The resolution 
  2.13  may be implemented without the submission of the question to the 
  2.14  voters of the county, unless within 21 days after the second 
  2.15  publication of the resolution, a petition requesting a 
  2.16  referendum, signed by at least ten percent of the registered 
  2.17  voters of the county, is filed with the county 
  2.18  auditor-treasurer.  If a petition is filed, the resolution may 
  2.19  be implemented unless disapproved by a majority of the voters of 
  2.20  the county voting on the question at a regular or special 
  2.21  election. 
  2.22     Sec. 5.  [EFFECTIVE DATE.] 
  2.23     This act takes effect the day after the filing of a 
  2.24  certificate of local approval by the Cottonwood county board in 
  2.25  compliance with Minnesota Statutes, section 645.021, subdivision 
  2.26  3.