Minnesota Session Laws - 1998, Regular Session

                            CHAPTER 307-S.F.No. 2581 
                  An act relating to local government; permitting the 
                  appointment of the Olmsted county auditor/treasurer. 
        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
           Section 1.  [AUDITOR/TREASURER MAY BE APPOINTED.] 
           Notwithstanding Minnesota Statutes, section 382.01, upon 
        adoption of a resolution by the Olmsted county board of 
        commissioners, the county auditor/treasurer in the county is 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 Olmsted county board 
        of commissioners and subject to sections 3 and 4, the duties of 
        the elected official required by statute whose office is made 
        appointive as authorized by this act must be discharged by the 
        board of commissioners of Olmsted county acting through a 
        department head 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.] 
           The person elected at the November 1994 general election to 
        the position of auditor/treasurer must serve in that capacity 
        and perform the duties, functions, and responsibilities required 
        by statute, until the completion of the term of office to which 
        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 Olmsted county board in 
        compliance with Minnesota Statutes, section 645.021, subdivision 
        3. 
           Presented to the governor March 19, 1998 
           Signed by the governor March 23, 1998, 10:42 a.m.