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Minnesota Legislature

Office of the Revisor of Statutes

HF 252

as introduced - 90th Legislature (2017 - 2018) Posted on 01/17/2017 10:22am

KEY: stricken = removed, old language.
underscored = added, new language.

Current Version - as introduced

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A bill for an act
relating to counties; providing a process for making the office of county recorder
appointive in Benton County.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

Section 1. new text beginBENTON COUNTY RECORDER MAY BE APPOINTED.
new text end

new text begin Subdivision 1. new text end

new text begin Authorization to make office appointive. new text end

new text begin Notwithstanding Minnesota
Statutes, section 382.01, upon adoption of a resolution by the Benton County Board of
Commissioners, the office of county recorder is 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 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 county board of commissioners acting through a
department head appointed by the board for that purpose. Reorganization, reallocation,
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 (a) Before the adoption of a
resolution to provide for the appointment of the county recorder, the county board must
publish a proposed resolution notifying the public of its intent to consider the issue once
each week for two consecutive weeks in the official publication of the county. Following
publication and prior to formally adopting the resolution, the county board shall provide an
opportunity at its next regular meeting for public comment relating to the issue. After the
public comment opportunity, at the same meeting or a subsequent meeting, the county board
of commissioners may adopt a resolution that provides for the appointment of the county
recorder as permitted in this section. The resolution must be approved by at least 80 percent
of the members of the county board. The resolution may take effect 60 days after it is
adopted, or at a later date stated in the resolution, unless a petition is filed as provided in
paragraph (b).
new text end

new text begin (b) Within 60 days after the county board adopts the resolution, a petition requesting a
referendum may be filed with the county auditor-treasurer. The petition must be signed by
at least ten percent of the registered voters of the county. The petition must meet the
requirements of the secretary of state, as provided in Minnesota Statutes, section 204B.071,
and any rules adopted to implement that section. If the petition is sufficient, the question
of appointing the county recorder must be placed on the ballot at a regular or special election.
If a majority of the voters of the county voting on the question vote in favor of appointment,
the resolution may be implemented.
new text end

new text begin Subd. 5. new text end

new text begin Reverting to elected offices. new text end

new text begin (a) The county board may adopt a resolution to
provide for the election of an office made an appointed position under this section, but not
until at least three years after the office was made an appointed position. The county board
must publish a proposed resolution notifying the public of its intent to consider the issue
once each week for two consecutive weeks in the official publication of the county. Following
publication and before formally adopting the resolution, the county board must provide an
opportunity at its next regular meeting for public comment relating to the issue. After the
public comment hearing, the county board may adopt the resolution. The resolution must
be approved by at least 60 percent of the members of the county board and is effective
August 1 following adoption of the resolution.
new text end

new text begin (b) The question of whether an office made an appointed position under this section
must be made an elected office must be placed on the ballot at the next general election if:
new text end

new text begin (1) the position has been an appointed position for at least three years;
new text end

new text begin (2) a petition signed by at least ten percent of the registered voters of the county is filed
with the office of the county auditor-treasurer by August 1 of the year in which the general
election is held; and
new text end

new text begin (3) the petition meets the requirements of the secretary of state, as provided in Minnesota
Statutes, section 204B.071, and any rules adopted to implement that section. If a majority
of the voters of the county voting on the question vote in favor of making the office an
elected position, the election for the office must be held at the next regular or special election.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day after the Benton County Board
of Commissioners and its chief clerical officer timely complete their compliance with
Minnesota Statutes, section 645.021, subdivisions 2 and 3.
new text end