Minnesota Session Laws - 2001, Regular Session

                            CHAPTER 105-S.F.No. 510 
                  An act relating to counties; providing a process for 
                  making certain county offices appointive in Hubbard 
                  and Cass counties. 
        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
           Section 1.  [HUBBARD COUNTY; AUDITOR, TREASURER, RECORDER 
        MAY BE APPOINTED.] 
           Subdivision 1.  [AUTHORITY TO MAKE OFFICES APPOINTIVE.] 
        Notwithstanding Minnesota Statutes, section 382.01, upon 
        adoption of a resolution by the Hubbard county board of 
        commissioners, any or all of the offices of county auditor, 
        county treasurer, and county recorder are not elective but must 
        be filled by appointment by the county board as provided in the 
        resolution. 
           Subd. 2.  [BOARD CONTROLS; MAY CHANGE AS LONG AS DUTIES 
        DONE.] Upon adoption of a resolution by the Hubbard county board 
        of commissioners and subject to subdivisions 3 and 4, the duties 
        of the elected official required by statute whose office is made 
        appointive as authorized by this section must be discharged by 
        the board of commissioners of Hubbard 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. 
           Subd. 3.  [INCUMBENTS TO COMPLETE TERM.] The person elected 
        at the last general election to a position made appointed under 
        this section 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 the person was elected 
        or until a vacancy occurs in the office, whichever occurs 
        earlier. 
           Subd. 4.  [PUBLISHING RESOLUTION; PETITION, 
        REFERENDUM.] The county board may provide for the appointment of 
        the county auditor, county treasurer and the county recorder as 
        permitted in this section if the resolution to make the office 
        appointed is approved by 80 percent of the members of the county 
        board.  Before the adoption of the resolution, the county board 
        must publish a resolution notifying the public of its intent to 
        consider adopting the option once each week for two consecutive 
        weeks in the official publication of the county.  Following the 
        publication, the county board shall provide an opportunity at 
        its next regular meeting for public comment relating to the 
        option, prior to formally adopting the option.  The resolution 
        may be implemented without the submission of the question to the 
        voters of the county unless, within 30 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.  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. 
           Subd. 5.  [EFFECTIVE DATE; LOCAL APPROVAL.] This section is 
        effective the day after the governing body of Hubbard county and 
        its chief clerical officer timely complete their compliance with 
        Minnesota Statutes, section 645.021, subdivisions 2 and 3. 
           Sec. 2.  [CASS COUNTY; AUDITOR-TREASURER; RECORDER MAY BE 
        APPOINTED.] 
           Subdivision 1.  [AUTHORITY TO MAKE OFFICES 
        APPOINTIVE.] Notwithstanding Minnesota Statutes, section 382.01, 
        upon adoption of a resolution by the Cass county board of 
        commissioners, either or both of the offices of county 
        auditor-treasurer and county recorder are not elective but must 
        be filled by appointment by the county board as provided in the 
        resolution. 
           Subd. 2.  [BOARD CONTROLS; MAY CHANGE AS LONG AS DUTIES 
        DONE.] Upon adoption of a resolution by the Cass county board of 
        commissioners and subject to subdivisions 3 and 4, the duties of 
        the elected official required by statute whose office is made 
        appointive as authorized by this section must be discharged by 
        the board of commissioners of Cass 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. 
           Subd. 3.  [INCUMBENTS TO COMPLETE TERM.] The person elected 
        at the last general election to a position made appointed under 
        this section 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 the person was elected 
        or until a vacancy occurs in the office, whichever occurs 
        earlier. 
           Subd. 4.  [PUBLISHING RESOLUTION; PETITION, 
        REFERENDUM.] The county board may provide for the appointment of 
        the county auditor-treasurer and the county recorder as 
        permitted in this section if the resolution to make the office 
        appointed is approved by 80 percent of the members of the county 
        board.  Before the adoption of the resolution, the county board 
        must publish a resolution notifying the public of its intent to 
        consider adopting the option once each week for two consecutive 
        weeks in the official publication of the county.  Following the 
        publication, the county board shall provide an opportunity at 
        its next regular meeting for public comment relating to the 
        option, prior to formally adopting the option.  The resolution 
        may be implemented without the submission of the question to the 
        voters of the county unless, within 30 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. 
           Subd. 5.  [EFFECTIVE DATE; LOCAL APPROVAL.] This section is 
        effective the day after the governing body of Cass county and 
        its chief clerical officer timely complete their compliance with 
        Minnesota Statutes, section 645.021, subdivisions 2 and 3. 
           Presented to the governor May 14, 2001 
           Signed by the governor May 17, 2001, 10:35 a.m.