Minnesota Session Laws - 2005, Regular Session

                            CHAPTER 75-H.F.No. 2028 
                  An act relating to counties; providing a process for 
                  making certain offices appointive in Pope, Lac qui 
                  Parle, and Nobles Counties. 
        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
           Section 1.  [POPE 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 Pope County Board of 
        Commissioners, the offices of Pope County recorder and Pope 
        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 Pope 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 Pope 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 Pope 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 Pope County, is 
        filed with the Pope 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. 
           Sec. 2.  [LAC QUI PARLE COUNTY OFFICERS MAY BE COMBINED AND 
        APPOINTED.] 
           Subdivision 1.  [AUTHORITY TO MAKE OFFICE APPOINTIVE.] 
        Notwithstanding Minnesota Statutes, section 382.01, upon 
        adoption of a resolution by the Lac qui Parle County Board of 
        Commissioners, the offices of Lac qui Parle County auditor and 
        Lac qui Parle County treasurer may be combined, and the offices 
        of Lac qui Parle County recorder and Lac qui Parle 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 Lac qui Parle County 
        Board of Commissioners and subject to subdivisions 3 and 4, the 
        duties of an elected official required by statute whose office 
        is combined and made appointive or is made appointive as 
        authorized by this section must be discharged by the Board of 
        Commissioners of Lac qui Parle 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 combined and made 
        appointive or 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 Lac qui Parle County Board may provide for the 
        combination and appointment or appointment of a county office as 
        permitted in this section if the resolution to make the office 
        combined and made appointive or 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 Lac qui Parle 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. 
           Sec. 3.  [NOBLES 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 Nobles County Board of 
        Commissioners, the offices of Nobles County recorder and Nobles 
        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 Nobles 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 Nobles 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 Nobles 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 Nobles 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. 
           Sec. 4.  [EFFECTIVE DATE; LOCAL APPROVAL.] 
           Section 1 is effective the day after the governing body of 
        Pope County and its chief clerical officer timely complete their 
        compliance with Minnesota Statutes, section 645.021, 
        subdivisions 2 and 3.  Section 2 is effective the day after the 
        governing body of Lac qui Parle County and its chief clerical 
        officer timely complete their compliance with Minnesota 
        Statutes, section 645.021, subdivisions 2 and 3.  Section 3 is 
        effective the day after the governing body of Nobles 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 20, 2005 
           Signed by the governor May 24, 2005, 1:10 p.m.