Minnesota Session Laws - 1991, Regular Session

  

                         Laws of Minnesota 1991 

                        CHAPTER 338-H.F.No. 578 
           An act relating to Dakota county; permitting the 
          combination of the offices of treasurer and auditor; 
          permitting appointment of the county recorder; 
          authorizing the reorganization of county offices; 
          permitting cities and towns to transfer assessment 
          review duties to the county; proposing coding for new 
          law in Minnesota Statutes, chapter 383D. 
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
     Section 1.  [383D.09] [AUDITOR; TREASURER; RECORDER.] 
    Subdivision 1.  The Dakota county board of commissioners 
may, by resolution, merge the offices of county treasurer and 
county auditor.  The board may provide, by resolution, that the 
office of county recorder shall not be elective but shall be 
filled by appointment by the county board as provided in this 
section.  These offices will be referred to as treasurer/auditor 
and property records. 
    Subd. 2.  As provided by a resolution by the Dakota county 
board of commissioners and subject to subdivisions 3 and 4, the 
duties of the elected county treasurer and county auditor 
required by statute shall be combined and performed by one 
elected official to be referred to as the county 
treasurer/auditor.  The treasurer/auditor shall perform all 
duties required by statute to be performed by either a county 
treasurer or auditor and shall be elected in the manner as 
provided by statute for those officials.  A vacancy in the 
office of treasurer/auditor shall be filled in accordance with 
section 375.08. 
    Upon adoption of a resolution by the Dakota county board of 
commissioners and subject to subdivisions 3 and 4, the duties of 
the elected county recorder whose office is made appointive 
under this section shall be discharged by the board of 
commissioners acting through a department head appointed by the 
board for that purpose.  The appointed department head shall 
serve at the pleasure of the board.  The board may reorganize, 
consolidate, reallocate, or delegate the duties to promote 
efficiency in county government.  A reorganization, 
reallocation, or delegation or other administrative change or 
transfer shall not impair the discharge of duties required by 
statute to otherwise be performed by a county recorder. 
    Subd. 3.  The persons elected to be county treasurer, 
county auditor, and county recorder at the last county general 
election preceding action under this section shall serve in 
those capacities and perform their duties, functions, and 
responsibilities until the completion of the term of office to 
which each was elected, or until a vacancy occurs in the office, 
whichever occurs earlier. 
    Subd. 4.  The county board, before action as permitted by 
subdivision 2 and before any appointment permitted by 
subdivision 1 or 2, but after adopting a resolution permitted by 
subdivision 1 or 2, shall publish the resolution once each week 
for two consecutive weeks in the official publication of the 
county.  The resolution may be implemented without the 
submission of the question to the voters of the county, unless 
within 21 days after the second publication of the resolution a 
petition requesting a referendum, signed by at least 15 percent 
of the voters in the county voting in the last general election, 
is filed with the county auditor.  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. 
    Sec. 2.  [383D.73] [ASSESSMENT REVIEW.] 
    The governing body or town board of any home rule charter 
or statutory city or town in Dakota county may transfer the 
duties of the city or town board of review or board of 
equalization under Minnesota Statutes, chapter 274, to the 
county board of equalization.  A transfer of duties as permitted 
by this section is permanent and must be communicated to the 
county assessor before December 1 of any year to be effective 
for the next year.  The county board of equalization shall meet 
during April, May, and June at the places determined by the 
county board of commissioners.  The county assessor shall attend 
each meeting of the county board of equalization at which public 
testimony is to be taken. 
    Sec. 3.  [EFFECTIVE DATE.] 
    Pursuant to Minnesota Statutes, section 645.023, 
subdivision 1, clause (a), this act takes effect the day after 
final enactment. 
    Presented to the governor May 31, 1991 
    Signed by the governor June 4, 1991, 8:44 p.m.