HF 3338

as introduced - 81st Legislature (1999 - 2000) Posted on 12/15/2009 12:00am

  1.1                          A bill for an act 
  1.2             relating to Scott county; authorizing the county board 
  1.3             to reorganize and delegate the duties of certain 
  1.4             county offices; amending Laws 1997, chapter 90. 
  1.5   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.6      Section 1.  Laws 1997, chapter 90, is amended to read: 
  1.7      Section 1.  [AUDITOR, RECORDER, TREASURER MAY BE 
  1.8   APPOINTED.] 
  1.9      Notwithstanding Minnesota Statutes, section 382.01, upon 
  1.10  adoption of a resolution by the Scott county board of 
  1.11  commissioners, the offices of county auditor, county recorder, 
  1.12  and county treasurer in the county are not elective but must be 
  1.13  filled by appointment by the county board as provided in the 
  1.14  resolution. 
  1.15     Sec. 2.  [PUBLISHING RESOLUTION, PETITION, REFERENDUM.] 
  1.16     The Scott county board, after adopting a resolution 
  1.17  permitted by section 1, must publish the resolution once each 
  1.18  week for two consecutive weeks in the official publication of 
  1.19  the county.  The resolution may be implemented without the 
  1.20  submission of the question to the voters of the county, unless 
  1.21  within 21 days after the second publication of the resolution, a 
  1.22  petition requesting a referendum, signed by at least ten percent 
  1.23  of the registered voters of the county, is filed with the county 
  1.24  auditor.  If a petition is filed, the resolution may be 
  1.25  implemented, unless disapproved by a majority of the voters of 
  2.1   the county, voting on the question at a regular or special 
  2.2   election. 
  2.3      Sec. 3.  [BOARD AUTHORITY.] 
  2.4      Upon adoption of a resolution by the Scott county board of 
  2.5   commissioners, the duties, responsibilities, and powers of the 
  2.6   elected officials required by law, whose offices have been made 
  2.7   appointive under Laws 1997, chapter 90, must be discharged by 
  2.8   the board of commissioners of Scott county acting through the 
  2.9   county administrator, or designee, appointed by the board.  As 
  2.10  of January 1, 2000, the board may reorganize, consolidate, 
  2.11  reallocate, or delegate the duties to promote efficiency in 
  2.12  county government.  A reorganization, reallocation or delegation 
  2.13  or other administrative change or transfer does not diminish, 
  2.14  prohibit, or avoid the discharge of duties required by law. 
  2.15     Sec. 3 4.  [INCUMBENTS TO COMPLETE TERMS.] 
  2.16     Persons elected at the November 1994 general election to 
  2.17  the positions of auditor, recorder, and treasurer shall serve in 
  2.18  those capacities and perform the duties, functions, and 
  2.19  responsibilities required by statute, until the completion of 
  2.20  the term of office to which each was elected, or until a vacancy 
  2.21  occurs in the office, whichever occurs earlier. 
  2.22     Sec. 4 5.  [EFFECTIVE DATE.] 
  2.23     Sections 1 to 3 and 2 are effective, without local 
  2.24  approval, July 1, 1997.  Sections 3 and 4 are effective without 
  2.25  local approval on the day following final enactment.