Minnesota Session Laws - 1997, Regular Session

                            CHAPTER 153-S.F.No. 612 
                  An act relating to local government; permitting the 
                  appointment of the Washington county recorder and 
                  auditor/treasurer; limiting the effect of a general 
                  law on the city of St. Paul. 
        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
           Section 1.  [RECORDER, AUDITOR/TREASURER MAY BE APPOINTED.] 
           Notwithstanding Minnesota Statutes, section 382.01, upon 
        adoption of a resolution by the Washington county board of 
        commissioners, the offices of county recorder and county 
        auditor/treasurer in the county are not elective but must be 
        filled by appointment by the county board as provided in the 
        resolution. 
           Sec. 2.  [BOARD CONTROLS, MAY CHANGE, AS LONG AS DUTIES 
        DONE.] 
           Upon adoption of a resolution by the Washington county 
        board of commissioners and subject to sections 3 and 4, the 
        duties of the elected officials required by statute whose 
        offices are made appointive as authorized by this act must be 
        discharged by the board of commissioners of Washington county 
        acting through a department head or heads appointed by the board 
        for that purpose.  A reorganization, reallocation, or delegation 
        or other administrative change or transfer does not diminish, 
        prohibit, or avoid the discharge of duties required by statute. 
           Sec. 3.  [INCUMBENTS TO COMPLETE TERMS.] 
           Persons elected at the November 1994 general election to 
        the positions of recorder and auditor/treasurer shall serve in 
        those capacities and perform the duties, functions, and 
        responsibilities required by statute, until the completion of 
        the term of office to which each was elected, or until a vacancy 
        occurs in the office, whichever occurs earlier. 
           Sec. 4.  [PUBLISHING RESOLUTIONS, PETITION, REFERENDUM.] 
           The county board, before acting as permitted by section 2 
        and before making an appointment as permitted by section 1 or 2, 
        but after adopting a resolution permitted by section 1 or 2, 
        must 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 ten percent of the registered 
        voters of the county, is filed with the county 
        auditor/treasurer.  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. 5.  [EFFECTIVE DATE.] 
           Sections 1 to 4 take effect the day after the filing of a 
        certificate of local approval by the Washington county board in 
        compliance with Minnesota Statutes, section 645.021, subdivision 
        3. 
           Sec. 6.  [CITY OF ST. PAUL; COUNCIL MEMBERS; TERM OF 
        OFFICE.] 
           Nothing in the provisions of Minnesota Statutes, section 
        205.07, subdivision 1, nor any other law shall be construed to 
        amend, modify, or affect the provisions of section 2.02 of the 
        charter of the city of St. Paul. 
           Sec. 7.  [EFFECTIVE DATE.] 
           Section 6 is effective only after its approval by a 
        majority of the governing body of the city of St. Paul and upon 
        compliance with the provisions of Minnesota Statutes, section 
        645.021. 
           Presented to the governor May 14, 1997 
           Signed by the governor May 15, 1997, 3:25 p.m.