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HF 3577

1st Engrossment - 85th Legislature (2007 - 2008) Posted on 12/15/2009 12:00am

KEY: stricken = removed, old language.
underscored = added, new language.

Bill Text Versions

Engrossments
Introduction Posted on 02/28/2008
1st Engrossment Posted on 03/13/2008

Current Version - 1st Engrossment

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

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

Section 1. new text beginHOUSTON 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 Houston County Board of
Commissioners, the offices of county auditor and 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 Houston 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
Houston 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 Houston County
Board may provide for the appointment of the county auditor and treasurer 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 Houston County, is filed with the Houston 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 Houston 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