Bill Text: MN HF2830 | 2013-2014 | 88th Legislature | Introduced
Bill Title: Becker County; county auditor-treasurer and recorder office combination process provided, and offices made appointive.
Spectrum: Partisan Bill (Democrat 2-0)
Status: (Engrossed - Dead) 2014-04-29 - Second reading [HF2830 Detail]
Download: Minnesota-2013-HF2830-Introduced.html
1.2relating to counties; providing a process for combining and making the offices of
1.3county auditor-treasurer and recorder appointive in Becker County.
1.4BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
1.5 Section 1. BECKER COUNTY AUDITOR-TREASURER, RECORDER
1.6OFFICES MAY BE COMBINED, MADE APPOINTED.
1.7 Subdivision 1. Authority to combine and make offices appointive.
1.8Notwithstanding Minnesota Statutes, section 382.01, upon adoption of a resolution by
1.9the Becker County Board of Commissioners, the offices of county auditor-treasurer and
1.10recorder are combined and are not elective but must be filled by appointment by the
1.11county 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
2.2of the resolution to provide for the combination of the offices and appointment of the
2.3county auditor-treasurer and recorder, the county board must publish a proposed resolution
2.4notifying the public of its intent to consider the issue once each week for two consecutive
2.5weeks in the official publication of the county. Following publication and prior to formally
2.6adopting the resolution, the county board shall provide an opportunity at its next regular
2.7meeting for public comment relating to the issue. After the public comment opportunity,
2.8at the same meeting or a subsequent meeting, the county board of commissioners may
2.9adopt a resolution that provides for the combination of the offices and appointment of the
2.10county auditor-treasurer and recorder as permitted in this section. The resolution must be
2.11approved by at least 80 percent of the members of the county board. The resolution may
2.12take effect 60 days after it is adopted, or at a later date stated in the resolution, unless a
2.13petition is filed as provided in paragraph (b).
2.14(b) Within 60 days after the county board adopts the resolution, a petition requesting
2.15a referendum may be filed with the county auditor-treasurer. The petition must be signed
2.16by at least ten percent of the registered voters of the county. The petition must meet
2.17the requirements of the secretary of state, as provided in Minnesota Statutes, section
2.18204B.071, and any rules adopted to implement that section. If the petition is sufficient,
2.19the question of combining the offices of and appointing the county auditor-treasurer and
2.20recorder must be placed on the ballot at a regular or special election. If a majority of the
2.21voters of the county voting on the question vote in favor of combination and appointment,
2.22the resolution may be implemented.
2.23 Subd. 5. Reverting to elected offices. (a) The county board may adopt a resolution
2.24to provide for the election of an office made an appointed position under this section, but
2.25not until at least three years after the office was made an appointed position. The county
2.26board must publish a proposed resolution notifying the public of its intent to consider the
2.27issue once each week for two consecutive weeks in the official publication of the county.
2.28Following publication and before formally adopting the resolution, the county board must
2.29provide an opportunity at its next regular meeting for public comment relating to the
2.30issue. After the public comment hearing, the county board may adopt the resolution. The
2.31resolution must be approved by at least 60 percent of the members of the county board and
2.32is effective August 1 following adoption of the resolution.
2.33(b) The question of whether an office made an appointed position under this section
2.34must be made an elected office must be placed on the ballot at the next general election if:
2.35(1) the position has been an appointed position for at least three years;
3.1(2) a petition signed by at least ten percent of the registered voters of the county
3.2is filed with the office of the county auditor-treasurer by August 1 of the year in which
3.3the general election is held; and
3.4(3) the petition meets the requirements of the secretary of state, as provided in
3.5Minnesota Statutes, section 204B.071, and any rules adopted to implement that section.
3.6If a majority of the voters of the county voting on the question vote in favor of making
3.7the office an elected position, the election for the office must be held at the next regular
3.8or special election.
3.9 Subd. 6. Candidates not placed on ballot; election results void. If the 60-day
3.10period in subdivision 4, paragraph (b), expires before the ballots are sent for printing
3.11and no referendum is required, then the name of candidates who have filed an affidavit
3.12of candidacy for an office to be appointed under this section shall not be placed on the
3.13primary or general election ballot. If the 60-day period in subdivision 4, paragraph (b),
3.14expires after the ballots are finalized and no referendum is required, then election results
3.15for an office to be appointed under this section are void.
3.16EFFECTIVE DATE.This section is effective the day after the Becker County
3.17Board of Commissioners and its chief clerical officer timely complete their compliance
3.18with Minnesota Statutes, section 645.021, subdivisions 2 and 3.
1.3county auditor-treasurer and recorder appointive in Becker County.
1.4BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
1.5 Section 1. BECKER COUNTY AUDITOR-TREASURER, RECORDER
1.6OFFICES MAY BE COMBINED, MADE APPOINTED.
1.7 Subdivision 1. Authority to combine and make offices appointive.
1.8Notwithstanding Minnesota Statutes, section 382.01, upon adoption of a resolution by
1.9the Becker County Board of Commissioners, the offices of county auditor-treasurer and
1.10recorder are combined and are not elective but must be filled by appointment by the
1.11county 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
2.2of the resolution to provide for the combination of the offices and appointment of the
2.3county auditor-treasurer and recorder, the county board must publish a proposed resolution
2.4notifying the public of its intent to consider the issue once each week for two consecutive
2.5weeks in the official publication of the county. Following publication and prior to formally
2.6adopting the resolution, the county board shall provide an opportunity at its next regular
2.7meeting for public comment relating to the issue. After the public comment opportunity,
2.8at the same meeting or a subsequent meeting, the county board of commissioners may
2.9adopt a resolution that provides for the combination of the offices and appointment of the
2.10county auditor-treasurer and recorder as permitted in this section. The resolution must be
2.11approved by at least 80 percent of the members of the county board. The resolution may
2.12take effect 60 days after it is adopted, or at a later date stated in the resolution, unless a
2.13petition is filed as provided in paragraph (b).
2.14(b) Within 60 days after the county board adopts the resolution, a petition requesting
2.15a referendum may be filed with the county auditor-treasurer. The petition must be signed
2.16by at least ten percent of the registered voters of the county. The petition must meet
2.17the requirements of the secretary of state, as provided in Minnesota Statutes, section
2.18204B.071, and any rules adopted to implement that section. If the petition is sufficient,
2.19the question of combining the offices of and appointing the county auditor-treasurer and
2.20recorder must be placed on the ballot at a regular or special election. If a majority of the
2.21voters of the county voting on the question vote in favor of combination and appointment,
2.22the resolution may be implemented.
2.23 Subd. 5. Reverting to elected offices. (a) The county board may adopt a resolution
2.24to provide for the election of an office made an appointed position under this section, but
2.25not until at least three years after the office was made an appointed position. The county
2.26board must publish a proposed resolution notifying the public of its intent to consider the
2.27issue once each week for two consecutive weeks in the official publication of the county.
2.28Following publication and before formally adopting the resolution, the county board must
2.29provide an opportunity at its next regular meeting for public comment relating to the
2.30issue. After the public comment hearing, the county board may adopt the resolution. The
2.31resolution must be approved by at least 60 percent of the members of the county board and
2.32is effective August 1 following adoption of the resolution.
2.33(b) The question of whether an office made an appointed position under this section
2.34must be made an elected office must be placed on the ballot at the next general election if:
2.35(1) the position has been an appointed position for at least three years;
3.1(2) a petition signed by at least ten percent of the registered voters of the county
3.2is filed with the office of the county auditor-treasurer by August 1 of the year in which
3.3the general election is held; and
3.4(3) the petition meets the requirements of the secretary of state, as provided in
3.5Minnesota Statutes, section 204B.071, and any rules adopted to implement that section.
3.6If a majority of the voters of the county voting on the question vote in favor of making
3.7the office an elected position, the election for the office must be held at the next regular
3.8or special election.
3.9 Subd. 6. Candidates not placed on ballot; election results void. If the 60-day
3.10period in subdivision 4, paragraph (b), expires before the ballots are sent for printing
3.11and no referendum is required, then the name of candidates who have filed an affidavit
3.12of candidacy for an office to be appointed under this section shall not be placed on the
3.13primary or general election ballot. If the 60-day period in subdivision 4, paragraph (b),
3.14expires after the ballots are finalized and no referendum is required, then election results
3.15for an office to be appointed under this section are void.
3.16EFFECTIVE DATE.This section is effective the day after the Becker County
3.17Board of Commissioners and its chief clerical officer timely complete their compliance
3.18with Minnesota Statutes, section 645.021, subdivisions 2 and 3.
