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Office of the Revisor of Statutes

Key: (1) language to be deleted (2) new language

                            CHAPTER 258-S.F.No. 2434 
                  An act relating to Polk county; providing a process 
                  for making certain offices appointive in Polk county. 
        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
           Section 1.  [POLK COUNTY OFFICERS MAY BE APPOINTED.] 
           Subdivision 1.  [AUTHORITY TO MAKE OFFICE APPOINTIVE.] 
        Notwithstanding Minnesota Statutes, section 382.01, upon 
        adoption of a resolution by the Polk county board of 
        commissioners, the offices of county recorder and county 
        auditor-treasurer 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 Polk county board of 
        commissioners and subject to subdivisions 3 and 4, the duties of 
        an elected official required by statute whose office is made 
        appointive as authorized by this section must be discharged by 
        the board of commissioners of Polk 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 an office made appointive 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 
        a county office as permitted in this section if the resolution 
        to make the office appointive is approved by at least 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 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 Polk county and 
        its chief clerical officer timely complete their compliance with 
        Minnesota Statutes, section 645.021, subdivisions 2 and 3. 
           Presented to the governor March 20, 2002 
           Signed by the governor March 22, 2002, 2:11 p.m.