SF 3222

Introduction - 81st Legislature (1999 - 2000)

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

  1.1                          A bill for an act 
  1.2             relating to local government; Nobles and Rock 
  1.3             counties; permitting the appointment of the county 
  1.4             recorder. 
  1.5   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.6      Section 1.  [RECORDER MAY BE APPOINTED.] 
  1.7      Notwithstanding Minnesota Statutes, section 382.01, upon 
  1.8   adoption of a resolution by the Rock county board of 
  1.9   commissioners, the office of county recorder in the county is 
  1.10  not elective but must be filled by appointment by the county 
  1.11  board as provided in the resolution.  Before the county board 
  1.12  may adopt a resolution under this section, the board must hold a 
  1.13  public hearing on the proposal to appoint the county recorder. 
  1.14     Sec. 2.  [BOARD CONTROLS, MAY CHANGE AS LONG AS DUTIES 
  1.15  DONE.] 
  1.16     Upon adoption of a resolution by the Rock county board of 
  1.17  commissioners and subject to sections 3 and 4, the duties of the 
  1.18  elected official required by statute whose office is made 
  1.19  appointive as authorized by this act must be discharged by the 
  1.20  board of commissioners of Rock county acting through a 
  1.21  department head appointed by the board for that purpose.  A 
  1.22  reorganization, reallocation, or delegation or other 
  1.23  administrative change or transfer does not diminish, prohibit, 
  1.24  or avoid the discharge of duties required by statute. 
  1.25     Sec. 3.  [INCUMBENT TO COMPLETE TERM.] 
  2.1      A person elected at the November 1998 general election to 
  2.2   the position of county recorder shall serve in that capacity and 
  2.3   perform the duties, functions, and responsibilities required by 
  2.4   statute, until the completion of the term of office to which 
  2.5   that person was elected, or until a vacancy occurs in the 
  2.6   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 a number of voters equal to at least ten 
  2.17  percent of those who voted in the county at the last general 
  2.18  election, is filed with the county auditor.  If a petition is 
  2.19  filed, the resolution may be implemented unless disapproved by a 
  2.20  majority of the voters of the county voting on the question at a 
  2.21  regular or special election. 
  2.22     Sec. 5.  [RECORDER, AUDITOR/TREASURER MAY BE APPOINTED.] 
  2.23     Notwithstanding Minnesota Statutes, section 382.01, upon 
  2.24  adoption of a resolution by the Nobles county board of 
  2.25  commissioners, the offices of county recorder and county 
  2.26  auditor/treasurer in the county are not elective but must be 
  2.27  filled by appointment by the county board as provided in the 
  2.28  resolution. 
  2.29     Sec. 6.  [BOARD CONTROLS, MAY CHANGE, AS LONG AS DUTIES 
  2.30  DONE.] 
  2.31     Upon adoption of a resolution by the Nobles county board of 
  2.32  commissioners and subject to sections 7 and 8, the duties of the 
  2.33  elected officials required by statute whose offices are made 
  2.34  appointive as authorized by this act must be discharged by the 
  2.35  board of commissioners of Nobles county acting through a 
  2.36  department head or heads appointed by the board for that 
  3.1   purpose.  A reorganization, reallocation, or delegation or other 
  3.2   administrative change or transfer does not diminish, prohibit, 
  3.3   or avoid the discharge of duties required by statute. 
  3.4      Sec. 7.  [INCUMBENTS TO COMPLETE TERMS.] 
  3.5      Persons elected at the November 1998 general election to 
  3.6   the positions of recorder and auditor/treasurer shall serve in 
  3.7   those capacities and perform the duties, functions, and 
  3.8   responsibilities required by statute, until the completion of 
  3.9   the term of office to which each was elected, or until a vacancy 
  3.10  occurs in the office, whichever occurs earlier. 
  3.11     Sec. 8.  [PUBLISHING RESOLUTIONS, PETITION, REFERENDUM.] 
  3.12     The county board, before acting as permitted by section 6 
  3.13  and before making an appointment as permitted by section 5 or 6, 
  3.14  but after adopting a resolution permitted by section 5 or 6, 
  3.15  must publish the resolution once each week for two consecutive 
  3.16  weeks in the official publication of the county.  The resolution 
  3.17  may be implemented without the submission of the question to the 
  3.18  voters of the county, unless within 21 days after the second 
  3.19  publication of the resolution, a petition requesting a 
  3.20  referendum, signed by at least ten percent of the registered 
  3.21  voters of the county, is filed with the county 
  3.22  auditor/treasurer.  If a petition is filed, the resolution may 
  3.23  be implemented unless disapproved by a majority of the voters of 
  3.24  the county, voting on the question at a regular or special 
  3.25  election. 
  3.26     Sec. 9.  [EFFECTIVE DATE; LOCAL APPROVAL.] 
  3.27     (a) Sections 1 to 4 are effective the day after the 
  3.28  governing body of Rock county and its chief clerical officer 
  3.29  timely complete their compliance with Minnesota Statutes, 
  3.30  section 645.021, subdivisions 2 and 3. 
  3.31     (b) Sections 5 to 8 are effective the day after the 
  3.32  governing body of Nobles county and its chief clerical officer 
  3.33  timely complete their compliance with Minnesota Statutes, 
  3.34  section 645.021, subdivisions 2 and 3.