SF 1669

1st Engrossment - 80th Legislature (1997 - 1998) Posted on 12/15/2009 12:00am

  1.1                          A bill for an act 
  1.2             relating to Benton county; permitting the combining of 
  1.3             the offices of auditor and treasurer and appointment 
  1.4             to the combined office and to the offices of recorder 
  1.5             and coroner; providing for completion of current terms 
  1.6             and for a reverse referendum; providing for the 
  1.7             reorganization of certain duties and terms of office. 
  1.8   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.9      Section 1.  [AUDITOR AND TREASURER MAY BE COMBINED.] 
  1.10     Notwithstanding Minnesota Statutes, section 382.01, upon 
  1.11  adoption of a resolution by the Benton county board of 
  1.12  commissioners, the offices of county auditor and county 
  1.13  treasurer may be combined. 
  1.14     Sec. 2.  [ELECTIVE OFFICES MAY BE MADE APPOINTIVE.] 
  1.15     Notwithstanding Minnesota Statutes, section 382.01, upon 
  1.16  adoption of a resolution by the Benton county board of 
  1.17  commissioners, the office of auditor-treasurer, if combined 
  1.18  under section 1, and the offices of county recorder and county 
  1.19  coroner are not elective but must be filled by appointment by 
  1.20  the county board as provided in the resolution. 
  1.21     Sec. 3.  [PUBLISHING RESOLUTIONS, PETITION, REFERENDUM.] 
  1.22     The county board, before acting as permitted by section 1 
  1.23  and before making an appointment as permitted by section 2, but 
  1.24  after adopting a resolution permitted by section 1 or 2, must 
  1.25  publish the resolution once each week for two consecutive weeks 
  1.26  in the official publication of the county.  The resolution may 
  2.1   be implemented without the submission of the question to the 
  2.2   voters of the county, unless within 21 days after the second 
  2.3   publication of the resolution, a petition requesting a 
  2.4   referendum, signed by at least ten percent of the registered 
  2.5   voters of the county, is filed with the county auditor or, if 
  2.6   combined, the county auditor/treasurer.  If a petition is filed, 
  2.7   the resolution may be implemented, unless disapproved by a 
  2.8   majority of the voters of the county voting on the question at a 
  2.9   regular or special election. 
  2.10     Sec. 4.  [BOARD AUTHORITY.] 
  2.11     Upon adoption of a resolution by the Benton county board of 
  2.12  commissioners, the duties of the elected officials required by 
  2.13  law whose offices are made appointive under this act must be 
  2.14  discharged by the board of commissioners of Benton county acting 
  2.15  through a department head or heads appointed by the board for 
  2.16  that purpose.  Each appointed department head shall serve at the 
  2.17  pleasure of the board.  As of July 1, 1997, the board may 
  2.18  reorganize, consolidate, reallocate, or delegate the duties to 
  2.19  promote efficiency in county government.  A reorganization, 
  2.20  reallocation, or delegation or other administrative change or 
  2.21  transfer does not diminish, prohibit, or avoid the discharge of 
  2.22  duties required by law. 
  2.23     Sec. 5.  [TRANSITION.] 
  2.24     The persons elected at the November 1994 general election 
  2.25  to the position of auditor, treasurer, recorder, and coroner 
  2.26  shall serve in that capacity and perform the duties, functions, 
  2.27  and responsibilities required by law, or as duties have been 
  2.28  reorganized, consolidated, or reallocated by the board after 
  2.29  July 1, 1997, until the completion of the term of office to 
  2.30  which elected, or until a vacancy occurs in the office, 
  2.31  whichever occurs first. 
  2.32     Sec. 6.  [EFFECTIVE DATE.] 
  2.33     This act is effective, without local approval, July 1, 1997.