SF 1070

1st Engrossment - 79th Legislature (1995 - 1996) Posted on 12/15/2009 12:00am

  1.1                          A bill for an act
  1.2             relating to counties; providing for the filling by 
  1.3             appointment of certain offices in counties; providing 
  1.4             for conforming changes; amending Minnesota Statutes 
  1.5             1994, sections 375A.10, subdivisions 2, 3, and 5; and 
  1.6             375A.12, subdivision 2. 
  1.7   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.8      Section 1.  Minnesota Statutes 1994, section 375A.10, 
  1.9   subdivision 2, is amended to read: 
  1.10     Subd. 2.  [CERTAIN OFFICES.] In addition to the other 
  1.11  options provided by sections 375A.01 to 375A.13, any a county 
  1.12  may institute one or more of the following options; except that 
  1.13  a county which that has adopted the auditor-administrator plan 
  1.14  may not provide for the appointment of the auditor or the 
  1.15  consolidation of the offices of auditor and treasurer while the 
  1.16  auditor-administrator plan is in force: 
  1.17     (a) (1) provide for the appointment of one or more of the 
  1.18  following offices if they have not been abolished by the 
  1.19  adoption of other options:  county auditor, county 
  1.20  treasurer, sheriff, or county recorder; 
  1.21     (b) (2) provide for the office of county civil counsel; 
  1.22     (c) (3) consolidation of the offices of county auditor and 
  1.23  treasurer; and 
  1.24     (4) provide for the appointment of the office of sheriff.  
  1.25     Sec. 2.  Minnesota Statutes 1994, section 375A.10, 
  1.26  subdivision 3, is amended to read: 
  2.1      Subd. 3.  [APPOINTMENT.] In any county exercising the 
  2.2   option provided in subdivision 2, clause (a) (1), relating to 
  2.3   the offices of county auditor, county treasurer, sheriff, or 
  2.4   county recorder, or clause (4) relating to the office of 
  2.5   sheriff, the offices shall be filled by appointment by the board 
  2.6   of county commissioners unless the office is hereafter abolished 
  2.7   or terminated as provided by law or pursuant to a reorganization 
  2.8   or consolidation.  The duties, functions and responsibilities 
  2.9   which have been heretofore and which shall be hereafter required 
  2.10  by statute to be performed by the elected officials whose 
  2.11  offices are to be made appointive shall be vested in and 
  2.12  performed by the board of county commissioners of that county 
  2.13  through department heads appointed by the board for that 
  2.14  purpose.  In effecting this option, the board of county 
  2.15  commissioners shall have the authority to initiate and direct 
  2.16  any reorganization, consolidation, reallocation or delegation of 
  2.17  such duties, functions or responsibilities for the purpose of 
  2.18  promoting efficiency in county government and make such other 
  2.19  administrative changes including abolishing or terminating the 
  2.20  offices or the transfer of personnel, as are deemed necessary 
  2.21  for this purpose without diminishing, prohibiting, or avoiding 
  2.22  those specific duties required by statute to be performed by 
  2.23  those officials.  The officer elected to the respective office 
  2.24  at the time of the adoption of this option shall serve as the 
  2.25  head of any department created by the board of county 
  2.26  commissioners to perform the functions formerly performed by the 
  2.27  office and shall serve until the term of office expires.  
  2.28     Sec. 3.  Minnesota Statutes 1994, section 375A.10, 
  2.29  subdivision 5, is amended to read: 
  2.30     Subd. 5.  [AUDITOR-TREASURER.] In any county exercising the 
  2.31  option provided in subdivision 2, clause (c) (3), the office 
  2.32  shall be known thereafter as the office of auditor-treasurer, if 
  2.33  the office is to remain elective.  If the board chooses to make 
  2.34  the office of auditor-treasurer elective, and not require a 
  2.35  referendum, it must act with the concurrence of 80 percent of 
  2.36  its members. 
  3.1      In the exercise of this option, the county board shall 
  3.2   direct which of the offices of auditor or treasurer shall be 
  3.3   terminated for the purpose of providing for the election to the 
  3.4   single office of auditor-treasurer.  The duties, functions and 
  3.5   responsibilities which have been heretofore and which shall 
  3.6   hereafter be required by statute to be performed by the county 
  3.7   auditor and the county treasurer shall be vested in and 
  3.8   performed by the auditor-treasurer without diminishing, 
  3.9   prohibiting or avoiding those specific duties required by 
  3.10  statute to be performed by the county auditor and the county 
  3.11  treasurer. 
  3.12     Nothing in this subdivision shall preclude the county from 
  3.13  exercising the option to make the combined office of 
  3.14  auditor-treasurer appointive as if it had been specifically 
  3.15  enumerated in subdivision 2.  If the combined office is to be 
  3.16  appointive, a referendum under section 375A.12 shall be 
  3.17  necessary. 
  3.18     If the combined office is to be elective, a referendum 
  3.19  under section 375A.12 shall be necessary if: 
  3.20     (a) the county board requires a referendum; or 
  3.21     (b) a referendum is required by a petition of a number of 
  3.22  voters equal to ten percent of those voting in the county at the 
  3.23  last general election that is received by the county auditor 
  3.24  within 30 days after the second publication of the board 
  3.25  resolution that orders the combination. 
  3.26     The persons last elected to the positions of auditor and 
  3.27  treasurer before adoption of the resolution shall serve in those 
  3.28  offices and perform the duties of those offices until the 
  3.29  completion of the terms to which they were elected. 
  3.30     Sec. 4.  Minnesota Statutes 1994, section 375A.12, 
  3.31  subdivision 2, is amended to read: 
  3.32     Subd. 2.  [FORM OF GOVERNMENT OPTIONS.] The options 
  3.33  provided in sections 375A.01 to 375A.10 shall, except as 
  3.34  otherwise provided in this subdivision, may be adopted in any 
  3.35  county only after an affirmative vote of the voters in the 
  3.36  county on the question of the adoption of the option.  Except as 
  4.1   provided in section 375A.01, only one such plan may be submitted 
  4.2   at any one election.  The option provided by section 375A.10, 
  4.3   subdivision 2, clause (1), may be exercised without the 
  4.4   affirmative vote of the voters in the county beginning January 
  4.5   1, 1998, and thereafter. 
  4.6      Sec. 5.  [TRANSITION.] 
  4.7      Notwithstanding any contrary provisions in section 375A.10, 
  4.8   subdivision 2, from January 1, 1996, through December 31, 1997, 
  4.9   the option provided by section 375A.10, subdivision 2, clause 
  4.10  (1), may be exercised by the county board by either of the 
  4.11  following methods:  (1) after an affirmative vote of the voters 
  4.12  in the county on the question of the adoption of the option; or 
  4.13  (2) without an affirmative vote of the voters in the county 
  4.14  whenever there is a vacancy in any of the offices named in 
  4.15  section 375A.10, subdivision 2, clause (1).  The provisions of 
  4.16  this section supersede a contrary provision of another general 
  4.17  or special law or county charter provision. 
  4.18     Sec. 6. [EFFECTIVE DATE.] 
  4.19     Sections 1 to 5 are effective January 1, 1996.