Bill Text: MN HF1307 | 2013-2014 | 88th Legislature | Introduced
Bill Title: Jackson and Lyon Counties; office of auditor-treasurer made appointive, and process provided for making office of auditor-treasurer and recorder appointive.
Spectrum: Partisan Bill (Republican 2-0)
Status: (Introduced - Dead) 2013-04-04 - Author added Schomacker [HF1307 Detail]
Download: Minnesota-2013-HF1307-Introduced.html
1.2relating to counties; providing a process for making the office of county
1.3auditor-treasurer appointive in Jackson County; providing a process for making
1.4the county auditor-treasurer and the recorder appointive in Lyon County.
1.5BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
1.6 Section 1. JACKSON COUNTY AUDITOR-TREASURER OFFICE MAY BE
1.7APPOINTED.
1.8 Subdivision 1. Authority to make office appointive. Notwithstanding Minnesota
1.9Statutes, section 382.01, upon adoption of a resolution by the Jackson County Board of
1.10Commissioners, the office of county auditor-treasurer is not elective but must be filled by
1.11appointment by the county board as provided in the resolution.
1.12 Subd. 2. Board controls; may change as long as duties done. Upon adoption of
1.13a resolution by the county board of commissioners and subject to subdivisions 3 and 4,
1.14the duties of an elected official required by statute whose office is made appointive as
1.15authorized by this section must be discharged by the county board of commissioners
1.16acting through a department head appointed by the board for that purpose. Reorganization,
1.17reallocation, delegation, or other administrative change or transfer does not diminish,
1.18prohibit, or avoid the discharge of duties required by statute.
1.19 Subd. 3. Incumbents to complete term. The person elected at the last general
1.20election to an office made appointive under this section must serve in that capacity and
1.21perform the duties, functions, and responsibilities required by statute until the completion
1.22of the term of office to which the person was elected or until a vacancy occurs in the
1.23office, whichever occurs earlier.
2.1 Subd. 4. Publishing resolution; petition, referendum. (a) Before the adoption of
2.2the resolution to provide for the appointment of the county auditor-treasurer, the county
2.3board must publish a proposed resolution notifying the public of its intent to consider the
2.4issue once each week for two consecutive weeks in the official publication of the county.
2.5Following publication and prior to formally adopting the resolution, the county board shall
2.6provide an opportunity at its next regular meeting for public comment relating to the issue.
2.7After the public comment opportunity, at the same meeting or a subsequent meeting, the
2.8county board of commissioners may adopt a resolution that provides for the appointment
2.9of the county auditor-treasurer as permitted in this section. The resolution must be
2.10approved by at least 80 percent of the members of the county board. The resolution may
2.11take effect 60 days after it is adopted, or at a later date stated in the resolution, unless a
2.12petition is filed as provided in paragraph (b).
2.13(b) Within 60 days after the county board adopts the resolution, a petition requesting
2.14a referendum may be filed with the county auditor-treasurer. The petition must be signed
2.15by at least ten percent of the registered voters of the county. The petition must meet
2.16the requirements of the secretary of state, as provided in Minnesota Statutes, section
2.17204B.071, and any rules adopted to implement that section. If the petition is sufficient,
2.18the question of appointing the county auditor-treasurer must be placed on the ballot at a
2.19regular or special election. If a majority of the voters of the county voting on the question
2.20vote in favor of appointment, the resolution may be implemented.
2.21EFFECTIVE DATE.This section is effective the day after the Jackson County
2.22Board of Commissioners and its chief clerical officer timely complete their compliance
2.23with Minnesota Statutes, section 645.021, subdivisions 2 and 3.
2.24 Sec. 2. LYON COUNTY AUDITOR-TREASURER AND RECORDER MAY
2.25BE APPOINTED.
2.26 Subdivision 1. Authorization to make office appointive. Notwithstanding
2.27Minnesota Statutes, section 382.01, upon adoption of a resolution by the Lyon County
2.28Board of Commissioners, the offices of county auditor-treasurer and county recorder are not
2.29elective but must be filled by appointment by the county board as provided in the resolution.
2.30 Subd. 2. Board controls; may change as long as duties done. Upon adoption of
2.31a resolution by the county board of commissioners and subject to subdivisions 3 and 4,
2.32the duties of an elected official required by statute whose office is made appointive as
2.33authorized by this section must be discharged by the county board of commissioners
2.34acting through a department head appointed by the board for that purpose. Reorganization,
3.1reallocation, delegation, or other administrative change or transfer does not diminish,
3.2prohibit, or avoid the discharge of duties required by statute.
3.3 Subd. 3. Incumbents to complete term. The person elected at the last general
3.4election to an office made appointive under this section must serve in that capacity and
3.5perform the duties, functions, and responsibilities required by statute until the completion
3.6of the term of office to which the person was elected or until a vacancy occurs in the
3.7office, whichever occurs earlier.
3.8 Subd. 4. Publishing resolution; petition, referendum. (a) Before the adoption
3.9of a resolution to provide for the appointment of the county auditor-treasurer and the
3.10county recorder, the county board must publish a proposed resolution notifying the
3.11public of its intent to consider the issue once each week for two consecutive weeks in the
3.12official publication of the county. Following publication and prior to formally adopting
3.13the resolution, the county board shall provide an opportunity at its next regular meeting
3.14for public comment relating to the issue. After the public comment opportunity, at the
3.15same meeting or a subsequent meeting, the county board of commissioners may adopt
3.16a resolution that provides for the appointment of the county auditor-treasurer and the
3.17county recorder as permitted in this section. The resolution must be approved by at least
3.1880 percent of the members of the county board. The resolution may take effect 60 days
3.19after it is adopted, or at a later date stated in the resolution, unless a petition is filed as
3.20provided in paragraph (b).
3.21 (b) Within 60 days after the county board adopts the resolution, a petition requesting
3.22a referendum may be filed with the county auditor-treasurer. The petition must be signed
3.23by at least ten percent of the registered voters of the county. The petition must meet
3.24the requirements of the secretary of state, as provided in Minnesota Statutes, section
3.25204B.071, and any rules adopted to implement that section. If the petition is sufficient, the
3.26question of appointing the county auditor-treasurer and recorder must be placed on the
3.27ballot at a regular or special election. If a majority of the voters of the county voting on
3.28the question vote in favor of appointment, the resolution may be implemented.
3.29EFFECTIVE DATE.This section is effective the day after the Lyon County Board
3.30of Commissioners and its chief clerical officer timely complete their compliance with
3.31Minnesota Statutes, section 645.021, subdivisions 2 and 3.
1.3auditor-treasurer appointive in Jackson County; providing a process for making
1.4the county auditor-treasurer and the recorder appointive in Lyon County.
1.5BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
1.6 Section 1. JACKSON COUNTY AUDITOR-TREASURER OFFICE MAY BE
1.7APPOINTED.
1.8 Subdivision 1. Authority to make office appointive. Notwithstanding Minnesota
1.9Statutes, section 382.01, upon adoption of a resolution by the Jackson County Board of
1.10Commissioners, the office of county auditor-treasurer is not elective but must be filled by
1.11appointment by the county board as provided in the resolution.
1.12 Subd. 2. Board controls; may change as long as duties done. Upon adoption of
1.13a resolution by the county board of commissioners and subject to subdivisions 3 and 4,
1.14the duties of an elected official required by statute whose office is made appointive as
1.15authorized by this section must be discharged by the county board of commissioners
1.16acting through a department head appointed by the board for that purpose. Reorganization,
1.17reallocation, delegation, or other administrative change or transfer does not diminish,
1.18prohibit, or avoid the discharge of duties required by statute.
1.19 Subd. 3. Incumbents to complete term. The person elected at the last general
1.20election to an office made appointive under this section must serve in that capacity and
1.21perform the duties, functions, and responsibilities required by statute until the completion
1.22of the term of office to which the person was elected or until a vacancy occurs in the
1.23office, whichever occurs earlier.
2.1 Subd. 4. Publishing resolution; petition, referendum. (a) Before the adoption of
2.2the resolution to provide for the appointment of the county auditor-treasurer, the county
2.3board must publish a proposed resolution notifying the public of its intent to consider the
2.4issue once each week for two consecutive weeks in the official publication of the county.
2.5Following publication and prior to formally adopting the resolution, the county board shall
2.6provide an opportunity at its next regular meeting for public comment relating to the issue.
2.7After the public comment opportunity, at the same meeting or a subsequent meeting, the
2.8county board of commissioners may adopt a resolution that provides for the appointment
2.9of the county auditor-treasurer as permitted in this section. The resolution must be
2.10approved by at least 80 percent of the members of the county board. The resolution may
2.11take effect 60 days after it is adopted, or at a later date stated in the resolution, unless a
2.12petition is filed as provided in paragraph (b).
2.13(b) Within 60 days after the county board adopts the resolution, a petition requesting
2.14a referendum may be filed with the county auditor-treasurer. The petition must be signed
2.15by at least ten percent of the registered voters of the county. The petition must meet
2.16the requirements of the secretary of state, as provided in Minnesota Statutes, section
2.17204B.071, and any rules adopted to implement that section. If the petition is sufficient,
2.18the question of appointing the county auditor-treasurer must be placed on the ballot at a
2.19regular or special election. If a majority of the voters of the county voting on the question
2.20vote in favor of appointment, the resolution may be implemented.
2.21EFFECTIVE DATE.This section is effective the day after the Jackson County
2.22Board of Commissioners and its chief clerical officer timely complete their compliance
2.23with Minnesota Statutes, section 645.021, subdivisions 2 and 3.
2.24 Sec. 2. LYON COUNTY AUDITOR-TREASURER AND RECORDER MAY
2.25BE APPOINTED.
2.26 Subdivision 1. Authorization to make office appointive. Notwithstanding
2.27Minnesota Statutes, section 382.01, upon adoption of a resolution by the Lyon County
2.28Board of Commissioners, the offices of county auditor-treasurer and county recorder are not
2.29elective but must be filled by appointment by the county board as provided in the resolution.
2.30 Subd. 2. Board controls; may change as long as duties done. Upon adoption of
2.31a resolution by the county board of commissioners and subject to subdivisions 3 and 4,
2.32the duties of an elected official required by statute whose office is made appointive as
2.33authorized by this section must be discharged by the county board of commissioners
2.34acting through a department head appointed by the board for that purpose. Reorganization,
3.1reallocation, delegation, or other administrative change or transfer does not diminish,
3.2prohibit, or avoid the discharge of duties required by statute.
3.3 Subd. 3. Incumbents to complete term. The person elected at the last general
3.4election to an office made appointive under this section must serve in that capacity and
3.5perform the duties, functions, and responsibilities required by statute until the completion
3.6of the term of office to which the person was elected or until a vacancy occurs in the
3.7office, whichever occurs earlier.
3.8 Subd. 4. Publishing resolution; petition, referendum. (a) Before the adoption
3.9of a resolution to provide for the appointment of the county auditor-treasurer and the
3.10county recorder, the county board must publish a proposed resolution notifying the
3.11public of its intent to consider the issue once each week for two consecutive weeks in the
3.12official publication of the county. Following publication and prior to formally adopting
3.13the resolution, the county board shall provide an opportunity at its next regular meeting
3.14for public comment relating to the issue. After the public comment opportunity, at the
3.15same meeting or a subsequent meeting, the county board of commissioners may adopt
3.16a resolution that provides for the appointment of the county auditor-treasurer and the
3.17county recorder as permitted in this section. The resolution must be approved by at least
3.1880 percent of the members of the county board. The resolution may take effect 60 days
3.19after it is adopted, or at a later date stated in the resolution, unless a petition is filed as
3.20provided in paragraph (b).
3.21 (b) Within 60 days after the county board adopts the resolution, a petition requesting
3.22a referendum may be filed with the county auditor-treasurer. The petition must be signed
3.23by at least ten percent of the registered voters of the county. The petition must meet
3.24the requirements of the secretary of state, as provided in Minnesota Statutes, section
3.25204B.071, and any rules adopted to implement that section. If the petition is sufficient, the
3.26question of appointing the county auditor-treasurer and recorder must be placed on the
3.27ballot at a regular or special election. If a majority of the voters of the county voting on
3.28the question vote in favor of appointment, the resolution may be implemented.
3.29EFFECTIVE DATE.This section is effective the day after the Lyon County Board
3.30of Commissioners and its chief clerical officer timely complete their compliance with
3.31Minnesota Statutes, section 645.021, subdivisions 2 and 3.
