Minnesota Session Laws - 1993, Regular Session

  
    Laws of Minnesota 1993 

                         CHAPTER 75-H.F.No. 237 
           An act relating to counties; providing procedures for 
          the combination of the offices of auditor and 
          treasurer; amending Minnesota Statutes 1992, section 
          375A.10, subdivision 5. 
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
    Section 1.  Minnesota Statutes 1992, section 375A.10, 
subdivision 5, is amended to read: 
    Subd. 5.  [AUDITOR-TREASURER.] In any county exercising the 
option provided in subdivision 2, clause (c), the office shall 
be known thereafter as the office of auditor-treasurer, if the 
office is to remain elective.  If the board chooses to make the 
office of auditor-treasurer elective, and not require a 
referendum, it must act with the concurrence of 80 percent of 
its members. 
    In the exercise of this option, the county board shall 
direct which of the offices of auditor or treasurer shall be 
terminated for the purpose of providing for the election to the 
single office of auditor-treasurer.  The duties, functions and 
responsibilities which have been heretofore and which shall 
hereafter be required by statute to be performed by the county 
auditor and the county treasurer shall be vested in and 
performed by the auditor-treasurer without diminishing, 
prohibiting or avoiding those specific duties required by 
statute to be performed by the county auditor and the county 
treasurer. 
    Nothing in this subdivision shall preclude the county from 
exercising the option to make the combined office of 
auditor-treasurer appointive as if it had been specifically 
enumerated in subdivision 2.  If the combined office is to be 
appointive, a referendum under section 375A.12 shall be 
necessary. 
    If the combined office is to be elective, a referendum 
under section 375A.12 shall be necessary if: 
    (a) the county board requires a referendum; or 
    (b) a referendum is required by a petition of a number of 
voters equal to ten percent of those voting in the county at the 
last general election that is received by the county auditor 
within 30 days after the second publication of the board 
resolution that orders the combination. 
    The persons last elected to the positions of auditor and 
treasurer before adoption of the resolution shall serve in those 
offices and perform the duties of those offices until the 
completion of the terms to which they were elected. 
    Sec. 2.  [EFFECTIVE DATE.] 
    In a county where a vacancy occurs in one of the positions 
before January 1, 1996, the county may take action under section 
375A.10, subdivision 5, as amended by section 1.  In other 
counties section 1 takes effect January 1, 1996. 
    Presented to the governor April 30, 1993 
    Signed by the governor May 3, 1993, 3:24 p.m.