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HF 2816

1st Engrossment - 85th Legislature (2007 - 2008) Posted on 12/15/2009 12:00am

KEY: stricken = removed, old language.
underscored = added, new language.
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A bill for an act
relating to Nicollet County; providing a process for making certain offices
appointive in Nicollet County.

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

Section 1. new text beginNICOLLET COUNTY AUDITOR-TREASURER MAY BE
APPOINTED.
new text end

new text begin Subdivision 1. new text end

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

new text begin Notwithstanding Minnesota
Statutes, section 382.01, upon adoption of a resolution by the Nicollet County Board of
Commissioners, the office of county auditor-treasurer 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 Nicollet 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 Board of Commissioners of
Nicollet County acting through a department head appointed by the board for that purpose.
A reorganization, reallocation, or 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 appointed as county
auditor-treasurer 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 appointed 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 The county board may
provide for the appointment of a county auditor-treasurer permitted in this section if the
resolution to make the office appointive is approved by at least 80 percent of the members
of the county board. Before the adoption of the resolution, the county board must publish
a resolution notifying the public of its intent to consider the option and the opportunity
for referendum once each week for two consecutive weeks in the official publication of
the county. Following the publication, the county board shall provide an opportunity
at its next regular meeting for public comment relating to the option, prior to formally
adopting the option. The resolution may be implemented without the submission of the
question to the voters of the county unless, within 30 days after the second publication of
the resolution, a petition requesting a referendum, signed by at least ten percent of the
registered voters of the county, is filed with the county auditor. If a petition is filed, the
resolution may be implemented unless disapproved by a majority of the voters of the
county voting on the question at a regular or special election.
new text end

new text begin EFFECTIVE DATE; LOCAL APPROVAL. new text end

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