Minnesota Session Laws - 2002, Regular Session

                            CHAPTER 263-S.F.No. 2590 
                  An act relating to Carlton and Pine counties; 
                  permitting the appointment of the county recorder. 
        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
           Section 1.  [RECORDER MAY BE APPOINTED.] 
           Notwithstanding Minnesota Statutes, section 382.01, upon 
        adoption of a resolution by the Carlton county board of 
        commissioners, the office of county recorder in the county is 
        not elective but must be filled by appointment by the county 
        board as provided in the resolution.  Before the county board 
        may adopt a resolution under this section, the board must hold a 
        public hearing on the proposal to appoint the county recorder. 
           Sec. 2.  [BOARD CONTROLS, MAY CHANGE AS LONG AS DUTIES 
        DONE.] 
           Upon adoption of a resolution by the Carlton 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 Carlton 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.  [APPOINTEE TO VACANCY.] 
           The person appointed to fill the vacancy in the office 
        following the retirement in December 2000 of the elected 
        recorder may continue to serve until the county board exercises 
        its authority under this act or until a recorder is elected at 
        the end of the term being filled by appointment. 
           Sec. 4.  [FOUR-FIFTHS VOTE; REVERSE REFERENDUM.] 
           The county board may provide for the appointment of the 
        county recorder as permitted in this act without an affirmative 
        vote of the voters of the county 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 option may be implemented without the submission of the 
        question of its implementation 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 
        option 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.  [RECORDER MAY BE APPOINTED, DUTIES COMBINED WITH 
        ASSESSORS.] 
           Subdivision 1.  [RECORDER MAY BE 
        APPOINTED.] Notwithstanding Minnesota Statutes, section 382.01, 
        upon adoption of a resolution by the Pine county board of 
        commissioners, the office of county recorder in the county is 
        not elective but must be filled by appointment by the county 
        board as provided in the resolution.  Before the county board 
        may adopt a resolution under this section, the board must hold a 
        public hearing on the proposal to appoint the county recorder. 
           Subd. 2.  [BOARD CONTROLS, MAY CHANGE AS LONG AS DUTIES 
        DONE.] Upon adoption of a resolution by the Pine county board of 
        commissioners and subject to subdivisions 3 and 4, the duties of 
        the county recorder must be discharged by the board of 
        commissioners of Pine county acting through a department head 
        appointed by the board for that purpose.  The county board may 
        reorganize the offices of county recorder and assessor to 
        combine the offices and duties into one position, appointed by 
        the county board, provided that the person appointed has the 
        qualifications required to be appointed assessor, as provided in 
        Minnesota Statutes, section 270.50, and any other applicable 
        law.  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 the office of county recorder 
        made appointive under this act 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.  [FOUR-FIFTHS VOTE; REVERSE REFERENDUM.] The 
        county board may provide for the appointment of the county 
        recorder and combination of the recorder's duties with those of 
        the county assessor as permitted in this section without an 
        affirmative vote of the voters of the county if the resolution 
        to make the office appointed and to combine the duties with 
        those of the assessor 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 option may be implemented without the submission of 
        the question of its implementation 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 
        option 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. 6.  [EFFECTIVE DATE.] 
           Sections 1 to 4 of this act are effective the day after the 
        governing body of Carlton county and its chief clerical officer 
        timely complete their compliance with Minnesota Statutes, 
        section 645.021, subdivisions 2 and 3.  Section 5 is effective 
        the day after the governing body of Pine 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.