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HF 2036

as introduced - 82nd Legislature (2001 - 2002) Posted on 12/15/2009 12:00am

KEY: stricken = removed, old language.
underscored = added, new language.
  1.1                          A bill for an act 
  1.2             relating to Goodhue county; permitting the appointment 
  1.3             of the auditor-treasurer. 
  1.4   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.5      Section 1.  [AUDITOR-TREASURER MAY BE APPOINTED.] 
  1.6      Notwithstanding Minnesota Statutes, section 382.01, upon 
  1.7   adoption of a resolution by the Goodhue county board of 
  1.8   commissioners, the county auditor-treasurer is not elective but 
  1.9   must be filled by appointment by the county board as provided in 
  1.10  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 Goodhue county board 
  1.14  of commissioners and subject to sections 3 and 4, the duties of 
  1.15  the elected official required by statute whose office is made 
  1.16  appointive as authorized by this act must be discharged by the 
  1.17  board of commissioners of Goodhue county acting through a 
  1.18  department head appointed by the board for that purpose.  A 
  1.19  reorganization, reallocation, or delegation or other 
  1.20  administrative change or transfer does not diminish, prohibit, 
  1.21  or avoid the discharge of duties required by statute. 
  1.22     Sec. 3.  [INCUMBENTS TO COMPLETE TERM.] 
  1.23     The person elected at the November 1998 general election to 
  1.24  the position of auditor-treasurer must serve in that capacity 
  2.1   and perform the duties, functions, and responsibilities required 
  2.2   by statute until the completion of the term of office to which 
  2.3   the person was elected or until a vacancy occurs in the office, 
  2.4   whichever occurs earlier. 
  2.5      Sec. 4.  [PUBLISHING RESOLUTION; PETITION, REFERENDUM.] 
  2.6      The county board, before acting as permitted by section 2 
  2.7   and before making an appointment as permitted by section 1 or 2, 
  2.8   but after adopting a resolution permitted by section 1 or 2, 
  2.9   must publish the resolution once each week for two consecutive 
  2.10  weeks in the official publication of the county.  The resolution 
  2.11  may be implemented without the submission of the question to the 
  2.12  voters of the county unless, within 21 days after the second 
  2.13  publication of the resolution, a petition requesting a 
  2.14  referendum, signed by at least ten percent of the registered 
  2.15  voters of the county, is filed with the county 
  2.16  auditor-treasurer.  If a petition is filed, the resolution may 
  2.17  be implemented unless disapproved by a majority of the voters of 
  2.18  the county voting on the question at a regular or special 
  2.19  election. 
  2.20     Sec. 5.  [EFFECTIVE DATE; LOCAL APPROVAL.] 
  2.21     Sections 1 to 4 are effective the day after the governing 
  2.22  body of Goodhue county and its chief clerical officer timely 
  2.23  complete their compliance with Minnesota Statutes, section 
  2.24  645.021, subdivisions 2 and 3.