SF 2590

1st Engrossment - 82nd Legislature (2001 - 2002) Posted on 12/15/2009 12:00am

  1.1                          A bill for an act
  1.2             relating to Carlton and Pine counties; permitting the 
  1.3             appointment of the county recorder. 
  1.4   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.5      Section 1.  [RECORDER MAY BE APPOINTED.] 
  1.6      Notwithstanding Minnesota Statutes, section 382.01, upon 
  1.7   adoption of a resolution by the Carlton county board of 
  1.8   commissioners, the office of county recorder in the county is 
  1.9   not elective but must be filled by appointment by the county 
  1.10  board as provided in the resolution.  Before the county board 
  1.11  may adopt a resolution under this section, the board must hold a 
  1.12  public hearing on the proposal to appoint the county recorder. 
  1.13     Sec. 2.  [BOARD CONTROLS, MAY CHANGE AS LONG AS DUTIES 
  1.14  DONE.] 
  1.15     Upon adoption of a resolution by the Carlton county board 
  1.16  of commissioners and subject to sections 3 and 4, the duties of 
  1.17  the elected official required by statute whose office is made 
  1.18  appointive as authorized by this act must be discharged by the 
  1.19  board of commissioners of Carlton county acting through a 
  1.20  department head appointed by the board for that purpose.  A 
  1.21  reorganization, reallocation, or delegation or other 
  1.22  administrative change or transfer does not diminish, prohibit, 
  1.23  or avoid the discharge of duties required by statute. 
  1.24     Sec. 3.  [APPOINTEE TO VACANCY.] 
  2.1      The person appointed to fill the vacancy in the office 
  2.2   following the retirement in December 2000 of the elected 
  2.3   recorder may continue to serve until the county board exercises 
  2.4   its authority under this act or until a recorder is elected at 
  2.5   the end of the term being filled by appointment. 
  2.6      Sec. 4.  [FOUR-FIFTHS VOTE; REVERSE REFERENDUM.] 
  2.7      The county board may provide for the appointment of the 
  2.8   county recorder as permitted in this act without an affirmative 
  2.9   vote of the voters of the county if the resolution to make the 
  2.10  office appointed is approved by 80 percent of the members of the 
  2.11  county board.  Before the adoption of the resolution, the county 
  2.12  board must publish a resolution notifying the public of its 
  2.13  intent to consider adopting the option once each week for two 
  2.14  consecutive weeks in the official publication of the county.  
  2.15  Following the publication, the county board shall provide an 
  2.16  opportunity at its next regular meeting for public comment 
  2.17  relating to the option, prior to formally adopting the option.  
  2.18  The option may be implemented without the submission of the 
  2.19  question of its implementation to the voters of the county, 
  2.20  unless within 30 days after the second publication of the 
  2.21  resolution, a petition requesting a referendum, signed by at 
  2.22  least ten percent of the registered voters of the county, is 
  2.23  filed with the county auditor.  If a petition is filed, the 
  2.24  option may be implemented unless disapproved by a majority of 
  2.25  the voters of the county voting on the question at a regular or 
  2.26  special election. 
  2.27     Sec. 5.  [RECORDER MAY BE APPOINTED, DUTIES COMBINED WITH 
  2.28  ASSESSORS.] 
  2.29     Subdivision 1.  [RECORDER MAY BE 
  2.30  APPOINTED.] Notwithstanding Minnesota Statutes, section 382.01, 
  2.31  upon adoption of a resolution by the Pine county board of 
  2.32  commissioners, the office of county recorder in the county is 
  2.33  not elective but must be filled by appointment by the county 
  2.34  board as provided in the resolution.  Before the county board 
  2.35  may adopt a resolution under this section, the board must hold a 
  2.36  public hearing on the proposal to appoint the county recorder. 
  3.1      Subd. 2.  [BOARD CONTROLS, MAY CHANGE AS LONG AS DUTIES 
  3.2   DONE.] Upon adoption of a resolution by the Pine county board of 
  3.3   commissioners and subject to subdivisions 3 and 4, the duties of 
  3.4   the county recorder must be discharged by the board of 
  3.5   commissioners of Pine county acting through a department head 
  3.6   appointed by the board for that purpose.  The county board may 
  3.7   reorganize the offices of county recorder and assessor to 
  3.8   combine the offices and duties into one position, appointed by 
  3.9   the county board, provided that the person appointed has the 
  3.10  qualifications required to be appointed assessor, as provided in 
  3.11  Minnesota Statutes, section 270.50, and any other applicable 
  3.12  law.  A reorganization, reallocation, or delegation or other 
  3.13  administrative change or transfer does not diminish, prohibit, 
  3.14  or avoid the discharge of duties required by statute. 
  3.15     Subd. 3.  [INCUMBENTS TO COMPLETE TERM.] The person elected 
  3.16  at the last general election to the office of county recorder 
  3.17  made appointive under this act must serve in that capacity and 
  3.18  perform the duties, functions, and responsibilities required by 
  3.19  statute until the completion of the term of office to which the 
  3.20  person was elected or until a vacancy occurs in the office, 
  3.21  whichever occurs earlier. 
  3.22     Subd. 4.  [FOUR-FIFTHS VOTE; REVERSE REFERENDUM.] The 
  3.23  county board may provide for the appointment of the county 
  3.24  recorder and combination of the recorder's duties with those of 
  3.25  the county assessor as permitted in this section without an 
  3.26  affirmative vote of the voters of the county if the resolution 
  3.27  to make the office appointed and to combine the duties with 
  3.28  those of the assessor is approved by 80 percent of the members 
  3.29  of the county board.  Before the adoption of the resolution, the 
  3.30  county board must publish a resolution notifying the public of 
  3.31  its intent to consider adopting the option once each week for 
  3.32  two consecutive weeks in the official publication of the 
  3.33  county.  Following the publication, the county board shall 
  3.34  provide an opportunity at its next regular meeting for public 
  3.35  comment relating to the option, prior to formally adopting the 
  3.36  option.  The option may be implemented without the submission of 
  4.1   the question of its implementation to the voters of the county, 
  4.2   unless within 30 days after the second publication of the 
  4.3   resolution, a petition requesting a referendum, signed by at 
  4.4   least ten percent of the registered voters of the county, is 
  4.5   filed with the county auditor.  If a petition is filed, the 
  4.6   option may be implemented unless disapproved by a majority of 
  4.7   the voters of the county voting on the question at a regular or 
  4.8   special election. 
  4.9      Sec. 6.  [EFFECTIVE DATE.] 
  4.10     Sections 1 to 4 of this act are effective the day after the 
  4.11  governing body of Carlton county and its chief clerical officer 
  4.12  timely complete their compliance with Minnesota Statutes, 
  4.13  section 645.021, subdivisions 2 and 3.  Section 5 is effective 
  4.14  the day after the governing body of Pine county and its chief 
  4.15  clerical officer timely complete their compliance with Minnesota 
  4.16  Statutes, section 645.021, subdivisions 2 and 3.