HF 761

as introduced - 79th Legislature (1995 - 1996) Posted on 12/15/2009 12:00am

  1.1                          A bill for an act
  1.2             relating to counties; providing for the filling by 
  1.3             appointment of certain offices in counties previously 
  1.4             elective; providing for conforming changes; amending 
  1.5             Minnesota Statutes 1994, sections 375A.10, subdivision 
  1.6             2; and 375A.12, subdivision 2. 
  1.7   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.8      Section 1.  Minnesota Statutes 1994, section 375A.10, 
  1.9   subdivision 2, is amended to read: 
  1.10     Subd. 2.  [CERTAIN OFFICES.] In addition to the other 
  1.11  options provided by sections 375A.01 to 375A.13, any a county 
  1.12  may institute one or more of the following options; except that 
  1.13  a county which that has adopted the auditor-administrator plan 
  1.14  may not provide for the appointment of the auditor or the 
  1.15  consolidation of the offices of auditor and treasurer while the 
  1.16  auditor-administrator plan is in force: 
  1.17     (a) (1) provide for the appointment of one or more of the 
  1.18  following offices if they have not been abolished by the 
  1.19  adoption of other options:  county auditor, county 
  1.20  treasurer, sheriff coroner, or county recorder; 
  1.21     (b) (2) provide for the office of county civil counsel; 
  1.22     (c) (3) consolidation of the offices of county auditor and 
  1.23  treasurer; and 
  1.24     (4) provide for the appointment of the office of sheriff. 
  1.25     Sec. 2.  Minnesota Statutes 1994, section 375A.12, 
  1.26  subdivision 2, is amended to read: 
  2.1      Subd. 2.  [FORM OF GOVERNMENT OPTIONS.] (a) The options 
  2.2   provided in sections 375A.01 to 375A.10 shall, except the option 
  2.3   provided by section 375A.10, subdivision 2, clause (1), may be 
  2.4   adopted in any county only after an affirmative vote of the 
  2.5   voters in the county on the question of the adoption of the 
  2.6   option.  Except as provided in section 375A.01, only one such 
  2.7   plan may be submitted at any one election.  
  2.8      (b) The option provided by section 375A.10, subdivision 2, 
  2.9   clause (4), may be exercised at any time after the affirmative 
  2.10  vote of the voters in the county on the question of the adoption 
  2.11  of the option as provided in this section. 
  2.12     (c) The option provided by section 375A.10, subdivision 2, 
  2.13  clause (1), may be exercised by the county board without an 
  2.14  affirmative vote of the voters in the county at any time there 
  2.15  is a vacancy in any of the offices named in section 375A.10, 
  2.16  subdivision 2, clause (1), provided that the vacancy occurs 
  2.17  prior to March 1 in a year in which regular election of the 
  2.18  office would be held.  The county board shall publish its 
  2.19  intention to make an office enumerated in section 375A.10, 
  2.20  subdivision 2, clause (1), appointive once each week for three 
  2.21  consecutive weeks in the official newspaper of the county before 
  2.22  making an appointment and may proceed with the appointment 
  2.23  without a referendum unless a petition signed by at least ten 
  2.24  percent of the registered voters of the county voting in the 
  2.25  last general election, requesting a referendum on the question 
  2.26  of making the office appointive, is presented to the county 
  2.27  board within 90 days after the date of the last published notice 
  2.28  of the intent to make the office appointive.  If a petition is 
  2.29  presented to the county board, a referendum must be held as 
  2.30  provided in this section.  This paragraph supersedes a contrary 
  2.31  provision of another general or special law or county charter 
  2.32  provision. 
  2.33     Sec. 3.  [EFFECTIVE DATE.] 
  2.34     Sections 1 and 2 are effective January 1, 1996.