HF 3511

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

  1.1                          A bill for an act 
  1.2             relating to Rock county; permitting the appointment of 
  1.3             the auditor-treasurer and recorder. 
  1.4   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.5      Section 1.  [AUDITOR-TREASURER; RECORDER MAY BE APPOINTED.] 
  1.6      Notwithstanding Minnesota Statutes, section 382.01, upon 
  1.7   adoption of a resolution by the Rock county board of 
  1.8   commissioners, the county auditor-treasurer and county recorder 
  1.9   are not elective but must be filled by appointment by the county 
  1.10  board 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 Rock county board of 
  1.14  commissioners and subject to sections 3 and 4, the duties of the 
  1.15  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 Rock 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     (a) The person elected at the November 1998 general 
  1.24  election to the position of auditor-treasurer must serve in that 
  2.1   capacity and perform the duties, functions, and responsibilities 
  2.2   required by statute until the completion of the term of office 
  2.3   to which the person was elected or until a vacancy occurs in the 
  2.4   office, whichever occurs earlier. 
  2.5      (b) The person elected at the November 1998 general 
  2.6   election to the position of recorder must serve in that capacity 
  2.7   and perform the duties, functions, and responsibilities required 
  2.8   by statute until the completion of the term of office to which 
  2.9   the person was elected or until a vacancy occurs in the office, 
  2.10  whichever occurs earlier. 
  2.11     Sec. 4.  [PUBLISHING RESOLUTION; PETITION, REFERENDUM.] 
  2.12     The county board may provide for the appointment of the 
  2.13  county auditor-treasurer or the county recorder or both offices 
  2.14  as permitted in this act if the resolution to make either or 
  2.15  both offices appointive is approved by 80 percent of the members 
  2.16  of the county board.  Before the adoption of the resolution, the 
  2.17  county board must publish a resolution notifying the public of 
  2.18  its intent to consider adopting the option once each week for 
  2.19  two consecutive weeks in the official publication of the 
  2.20  county.  Following the publication, the county board shall 
  2.21  provide an opportunity at its next regular meeting for public 
  2.22  comment relating to the option, prior to formally adopting the 
  2.23  option.  The resolution may be implemented without the 
  2.24  submission of the question to the voters of the county unless, 
  2.25  within 30 days after the second publication of the resolution, a 
  2.26  petition requesting a referendum, signed by at least ten percent 
  2.27  of the registered voters of the county, is filed with the county 
  2.28  auditor-treasurer.  If a petition is filed, the resolution may 
  2.29  be implemented unless disapproved by a majority of the voters of 
  2.30  the county voting on the question at a regular or special 
  2.31  election. 
  2.32     Sec. 5.  [EFFECTIVE DATE; LOCAL APPROVAL.] 
  2.33     Sections 1 to 4 are effective the day after the governing 
  2.34  body of Rock county and its chief clerical officer timely 
  2.35  complete their compliance with Minnesota Statutes, section 
  2.36  645.021, subdivisions 2 and 3.