Minnesota Session Laws - 1997, Regular Session

                            CHAPTER 91-S.F.No. 1669 
                  An act relating to Benton county; permitting the 
                  combining of the offices of auditor and treasurer and 
                  appointment to the combined office and to the offices 
                  of recorder and coroner; providing for completion of 
                  current terms and for a reverse referendum; providing 
                  for the reorganization of certain duties and terms of 
                  office. 
        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
           Section 1.  [AUDITOR AND TREASURER MAY BE COMBINED.] 
           Notwithstanding Minnesota Statutes, section 382.01, upon 
        adoption of a resolution by the Benton county board of 
        commissioners, the offices of county auditor and county 
        treasurer may be combined. 
           Sec. 2.  [ELECTIVE OFFICES MAY BE MADE APPOINTIVE.] 
           Notwithstanding Minnesota Statutes, section 382.01, upon 
        adoption of a resolution by the Benton county board of 
        commissioners, the office of auditor-treasurer, if combined 
        under section 1, and the offices of county recorder and county 
        coroner are not elective but must be filled by appointment by 
        the county board as provided in the resolution. 
           Sec. 3.  [PUBLISHING RESOLUTIONS, PETITION, REFERENDUM.] 
           The county board, before acting as permitted by section 1 
        and before making an appointment as permitted by section 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 or, if 
        combined, 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. 4.  [BOARD AUTHORITY.] 
           Upon adoption of a resolution by the Benton county board of 
        commissioners, the duties of the elected officials required by 
        law whose offices are made appointive under this act must be 
        discharged by the board of commissioners of Benton county acting 
        through a department head or heads appointed by the board for 
        that purpose.  Each appointed department head shall serve at the 
        pleasure of the board.  As of July 1, 1997, 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 does not diminish, prohibit, or avoid the discharge of 
        duties required by law. 
           Sec. 5.  [TRANSITION.] 
           The persons elected at the November 1994 general election 
        to the position of auditor, treasurer, recorder, and coroner 
        shall serve in that capacity and perform the duties, functions, 
        and responsibilities required by law, or as duties have been 
        reorganized, consolidated, or reallocated by the board after 
        July 1, 1997, until the completion of the term of office to 
        which elected, or until a vacancy occurs in the office, 
        whichever occurs first. 
           Sec. 6.  [EFFECTIVE DATE.] 
           This act is effective, without local approval, July 1, 1997.
           Presented to the governor May 2, 1997 
           Signed by the governor May 6, 1997, 11:13 a.m.