HF 954

Conference Committee Report - 87th Legislature (2011 - 2012) Posted on 05/22/2011 05:09pm

A bill for an act
relating to counties; providing a process for making certain county offices
appointive in Kittson County.

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

Section 1. new text begin KITTSON COUNTY OFFICES 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 Kittson County Board of
Commissioners, the offices of county recorder and county auditor-treasurer are 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 Kittson 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 Kittson County Board of
Commissioners acting through a department head appointed by the board for that purpose.
Reorganization, reallocation, 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 elected at the last general
election to an office made appointive under this section 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 elected 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 (a) Before the adoption
of the resolution to provide for the appointment of the county recorder and county
auditor-treasurer, the county board must publish a proposed resolution notifying the
public of its intent to consider the issue once each week for two consecutive weeks in the
official publication of the county. Following publication and prior to formally adopting
the resolution, the county board shall provide an opportunity at its next regular meeting
for public comment relating to the issue. After the public comment opportunity, at the
same meeting or a subsequent meeting, the Kittson County Board of Commissioners may
adopt a resolution that provides for the appointment of the county recorder and county
auditor-treasurer as permitted in this section. The resolution must be approved by at least
80 percent of the members of the county board.
new text end

new text begin (b) Within 30 days after the second publication, a petition requesting a referendum
may be filed with the county auditor-treasurer. The petition must be signed by at
least ten percent of the registered voters of Kittson County. The petition must meet
the requirements of the secretary of state, as provided in Minnesota Statutes, section
204B.071, and any rules adopted to implement that section. If the petition is sufficient, the
question of appointing the county recorder and county auditor-treasurer must be placed on
the ballot at a regular or special election. If a majority of the voters of the county voting
on the question vote in favor of appointment, the resolution may be implemented.
new text end

Sec. 2. new text begin EFFECTIVE DATE.
new text end

new text begin Section 1 is effective the day after the Kittson County Board of Commissioners and
its chief clerical officer timely complete their compliance with Minnesota Statutes, section
645.021, subdivisions 2 and 3.
new text end