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Minnesota Legislature

Office of the Revisor of Statutes

Key: (1) language to be deleted (2) new language

  

                         Laws of Minnesota 1986 

                        CHAPTER 416-S.F.No. 2090 
           An act relating to counties; clarifying county 
          commissioner conflict of interest provisions; 
          authorizing counties to develop and market computer 
          software products; providing a method for 
          consolidation of the offices of county auditor and 
          county treasurer; changing certain referendum 
          provisions for adoption of optional forms of county 
          government; exempting other departments or agencies of 
          the same county from having to be billed by county 
          recorder for certain recording transactions; amending 
          Minnesota Statutes 1984, sections 375.09; 375.18, 
          subdivision 7; 375A.11, subdivision 3; 375A.12, 
          subdivisions 3 and 4; and 383C.17; Minnesota Statutes 
          1985 Supplement, section 386.77; proposing coding for 
          new law in Minnesota Statutes, chapter 375; repealing 
          Minnesota Statutes 1984, sections 394.01 to 394.05. 
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
    Section 1.  Minnesota Statutes 1984, section 375.09, is 
amended to read: 
    375.09 [MAY NOT HOLD OTHER OFFICE; NO INTEREST IN 
CONTRACT BRIBERY; VIOLATION; MALFEASANCE.] 
    No county commissioner shall be appointed or hold another 
elected by the board of which he is a member to any office or 
position of trust or emolument during tenure as commissioner nor 
be employed by the county in which he is a commissioner.  No 
commissioner shall receive any money or other valuable thing as 
a condition of voting or inducement to vote for any contract or 
other thing under consideration by the board, or become a party 
to, or directly or indirectly interested in, any contract made 
by the board.  Every appointment or election made and every 
contract or payment voted for or made contrary to this section 
is void.  Any violation of this section is a malfeasance in 
office.  
    Sec. 2.  Minnesota Statutes 1984, section 375.18, 
subdivision 7, is amended to read: 
    Subd. 7.  [TRANSFER OF SURPLUS.] Each county board may 
transfer by unanimous a majority vote any surplus beyond the 
needs of the current year in any county fund to any other county 
fund to supply a deficiency in it.  
    Sec. 3.  [375.84] [PREPAY SOFTWARE, SUBSCRIPTIONS, UNITED 
STATES DOCUMENTS.] 
    A county may make advance deposits or payments for software 
development or maintenance services for county-owned or leased 
electronic data processing equipment and for newspaper, 
magazine, and other subscription fees customarily paid for in 
advance, and may allow advance deposits by any department or 
agency of the county with the Library of Congress and federal 
Supervisor of Documents for items to be purchased from these 
federal agencies. 
    Sec. 4.  [375.85] [COUNTIES MAY MARKET SOFTWARE PRODUCTS.] 
    Notwithstanding any other law to the contrary, a county or 
group of counties acting jointly under section 471.59 may sell 
or license self-developed or vendor custom-developed computer 
software products or systems either on competitive bids or in 
the open market, in the discretion of the county board.  Prices 
for the software products or systems may be based on market 
considerations.  A county or group of counties may make 
agreements with private persons or entities to assist with 
marketing software products or systems. 
    Sec. 5.  [375.86] [APPLICATION OF OTHER LAW.] 
    Subdivision 1.  [NONPUBLIC DATA.] County software product 
programming source code, object code, and all material relating 
to product or system development and distribution is "trade 
secret information" for purposes of classification under section 
13.37, subdivision 2. 
    Sec. 6.  Minnesota Statutes 1984, section 375A.11, 
subdivision 3, is amended to read: 
    Subd. 3.  [VACANCIES IN CERTAIN ELECTIVE OFFICES.] (a) If 
any of the offices of county auditor, treasurer or county 
recorder shall become vacant before the expiration of the term 
for the office, a county board may appoint either of the holders 
of the other two offices to fill the vacancy for the unexpired 
term.  The board may provide additional compensation for the 
added duties imposed on the appointee by virtue of his holding 
two offices for that period.  If the office of county auditor or 
treasurer becomes vacant, the county board may initiate a 
referendum by resolution to consolidate the two offices into one 
elected office.  The referendum shall be conducted according to 
section 375A.12, subdivisions 4 and 5. 
    (b) The authority granted by clause (a) of this subdivision 
shall be in addition to the authorities granted by existing law 
or statute and by the provisions of sections 375A.01 to 375A.13 
relating to consolidation and appointment of county offices; the 
authority granted by this subdivision may be exercised 
notwithstanding any prohibitions against the holding of two 
offices that may exist in the laws or statutes of this state. 
    Sec. 7.  Minnesota Statutes 1984, section 375A.12, 
subdivision 3, is amended to read: 
    Subd. 3.  [REFERENDA; PROCEDURE.] Any referendum required 
to be held as a condition of the adoption of an option may be 
initiated by a resolution by the county board, a recommendation 
of a county government study commission or a petition signed by 
voters equal in number to five percent of the electors voting at 
the last previous election for the office of governor requesting 
that a referendum be held on the adoption of one or more of the 
options provided in sections 375A.01 to 375A.10.  Unless the 
referendum is a recommendation of the study commission If a 
study commission has been established, a referendum on an option 
may not be initiated by a resolution of the county board or a 
petition of voters until after the study commission has 
completed its study provided for in section 375A.13, subdivision 
3.  
    Sec. 8.  Minnesota Statutes 1984, section 375A.12, 
subdivision 4, is amended to read: 
    Subd. 4.  [CONDUCT OF ELECTION.] When a referendum is 
required to be held, the county auditor shall conduct the 
referendum following the procedures provided in chapter 372, as 
nearly as possible and not inconsistent with sections 375A.01 to 
375A.10, except, instead of the county board meeting to act on 
the petition, a committee consisting of the persons who 
constitute a jury commission as provided in section 593.13, 
shall meet and act on the petition.  The referendum may be held 
at any primary, general or special election held not less than 
30 days before the first day on which candidates may file for 
county office.  
    Sec. 9.  Minnesota Statutes 1984, section 383C.17, is 
amended to read:  
    383C.17 [COURTHOUSE BUILDING COMMISSION.] 
    Notwithstanding the provisions of Minnesota Statutes 1961, 
sections 394.01 to 394.05, In St. Louis County, the courthouse 
building commission shall have the authority to assign and 
reassign space and rooms to the various offices in the 
courthouses and county office buildings in said county. 
    Sec. 10.  Minnesota Statutes 1985 Supplement, section 
386.77, is amended to read: 
    386.77 [CONVEYANCES AND DOCUMENTS FOR BENEFIT OF 
GOVERNMENTAL AGENCIES, FEES.] 
    An instrument of conveyance, assignment or release, a 
judgment or other document, which is entitled to recording or 
filing, and which by its terms is for the benefit of the state 
or any county, city or town, shall be recorded or filed by any 
county recorder or registrar of titles without the payment of 
fees when offered for filing or recording by the state or any of 
its agencies, or by the benefited subdivision.  The fee for the 
recording or filing shall be paid by the state, its agency, or 
by the benefited subdivision, but not by another department or 
agency of that county, upon submission of a statement of charges 
by the county recorder or registrar of titles.  
    Sec. 11.  [REPEALER.] 
    Minnesota Statutes 1984, sections 394.01, 394.02, 394.03, 
394.04, and 394.05 are repealed. 
    Sec. 12.  [EFFECTIVE DATE.] 
    Section 1 does not become effective for any county 
commissioner currently holding two elected offices until the 
term of one of the offices expires. 
    Approved March 24, 1986