SF 1098

as introduced - 85th Legislature (2007 - 2008) Posted on 12/15/2009 12:00am

A bill for an act
relating to counties; providing a process for making the Office of County
Recorder appointive in Beltrami County.

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

Section 1. new text begin BELTRAMI COUNTY RECORDER, OFFICE 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 Beltrami County Board
of Commissioners, the Office of County Recorder 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 Beltrami 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
Beltrami County acting through a department head appointed by the board for that
purpose. 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 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 The Beltrami County
Board may provide for the appointment of the county recorder as 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 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 adopted and 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 Beltrami County, is filed with the Beltrami County auditor. 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 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. new text end

new text begin This section is effective the day after the Beltrami 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