HF 2508

as introduced - 80th Legislature (1997 - 1998) Posted on 12/15/2009 12:00am

  1.1                          A bill for an act 
  1.2             relating to local government; permitting the 
  1.3             appointment of the Olmsted county 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 Olmsted county board of 
  1.8   commissioners, the county auditor/treasurer in the county is not 
  1.9   elective but must be filled by appointment by the county board 
  1.10  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 Olmsted 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 Olmsted 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 TERMS.] 
  1.23     The person elected at the November 1994 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   elected, or until a vacancy occurs in the office, whichever 
  2.4   occurs earlier. 
  2.5      Sec. 4.  [PUBLISHING RESOLUTIONS, 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.] 
  2.21     Sections 1 to 4 take effect the day after the filing of a 
  2.22  certificate of local approval by the Olmsted county board in 
  2.23  compliance with Minnesota Statutes, section 645.021, subdivision 
  2.24  3.