Bill Text: MN HF919 | 2013-2014 | 88th Legislature | Introduced
Bill Title: Lake County; process provided to make county auditor-treasurer and recorder appointive.
Sponsorship: Partisan Bill (Democrat 1)
Status: (Introduced - Dead) 2013-05-19 - HF indefinitely postponed [HF919 Detail]
Download: Minnesota-2013-HF919-Introduced.html
1.2relating to counties; providing a process for making the county auditor-treasurer
1.3and recorder appointive in Lake County.
1.4BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
1.5 Section 1. LAKE COUNTY AUDITOR-TREASURER AND RECORDER MAY
1.6BE APPOINTED.
1.7 Subdivision 1. Authorization to make office appointive. Notwithstanding
1.8Minnesota Statutes, section 382.01, upon adoption of a resolution by the Lake County
1.9Board of Commissioners, the offices of county auditor-treasurer and county recorder are not
1.10elective but must be filled by appointment by the county board as provided in the resolution.
1.11 Subd. 2. Board controls; may change as long as duties done. Upon adoption of
1.12a resolution by the county board of commissioners and subject to subdivisions 3 and 4,
1.13the duties of an elected official required by statute whose office is made appointive as
1.14authorized by this section must be discharged by the county board of commissioners
1.15acting through a department head appointed by the board for that purpose. Reorganization,
1.16reallocation, delegation, or other administrative change or transfer does not diminish,
1.17prohibit, or avoid the discharge of duties required by statute.
1.18 Subd. 3. Incumbents to complete term. The person elected at the last general
1.19election to an office made appointive under this section must serve in that capacity and
1.20perform the duties, functions, and responsibilities required by statute until the completion
1.21of the term of office to which the person was elected or until a vacancy occurs in the
1.22office, whichever occurs earlier.
1.23 Subd. 4. Publishing resolution; petition, referendum. (a) Before the adoption
1.24of a resolution to provide for the appointment of the county auditor-treasurer and the
2.1county recorder, the county board must publish a proposed resolution notifying the
2.2public of its intent to consider the issue once each week for two consecutive weeks in the
2.3official publication of the county. Following publication and prior to formally adopting
2.4the resolution, the county board shall provide an opportunity at its next regular meeting
2.5for public comment relating to the issue. After the public comment opportunity, at the
2.6same meeting or a subsequent meeting, the county board of commissioners may adopt
2.7a resolution that provides for the appointment of the county auditor-treasurer and the
2.8county recorder as permitted in this section. The resolution must be approved by at least
2.980 percent of the members of the county board. The resolution may take effect 60 days
2.10after it is adopted, or at a later date stated in the resolution, unless a petition is filed as
2.11provided in paragraph (b).
2.12 (b) Within 60 days after the county board adopts the resolution, a petition requesting
2.13a referendum may be filed with the county auditor-treasurer. The petition must be signed
2.14by at least ten percent of the registered voters of the county. The petition must meet
2.15the requirements of the secretary of state, as provided in Minnesota Statutes, section
2.16204B.071, and any rules adopted to implement that section. If the petition is sufficient, the
2.17question of appointing the county auditor-treasurer and recorder must be placed on the
2.18ballot at a regular or special election. If a majority of the voters of the county voting on
2.19the question vote in favor of appointment, the resolution may be implemented.
2.20 Subd. 5. Reverting to elected offices. (a) The county board may adopt a resolution
2.21to provide for the election of an office made an appointed position under this section, but
2.22not until at least three years after the office was made an appointed position. The county
2.23board must publish a proposed resolution notifying the public of its intent to consider the
2.24issue once each week for two consecutive weeks in the official publication of the county.
2.25Following publication and before formally adopting the resolution, the county board must
2.26provide an opportunity at its next regular meeting for public comment relating to the
2.27issue. After the public comment hearing, the county board may adopt the resolution. The
2.28resolution must be approved by at least 60 percent of the members of the county board and
2.29is effective August 1 following adoption of the resolution.
2.30(b) The question of whether an office made an appointed position under this section
2.31must be made an elected office must be placed on the ballot at the next general election if:
2.32(1) the position has been an appointed position for at least three years;
2.33(2) a petition signed by at least ten percent of the registered voters of the county
2.34is filed with the office of the county auditor-treasurer by August 1 of the year in which
2.35the general election is held; and
3.1(3) the petition meets the requirements of the secretary of state, as provided in
3.2Minnesota Statutes, section 204B.071, and any rules adopted to implement that section.
3.3If a majority of the voters of the county voting on the question vote in favor of making
3.4the office an elected position, the election for the office must be held at the next regular
3.5or special election.
3.6EFFECTIVE DATE.This section is effective the day after the Lake County Board
3.7of Commissioners and its chief clerical officer timely complete their compliance with
3.8Minnesota Statutes, section 645.021, subdivisions 2 and 3.
1.3and recorder appointive in Lake County.
1.4BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
1.5 Section 1. LAKE COUNTY AUDITOR-TREASURER AND RECORDER MAY
1.6BE APPOINTED.
1.7 Subdivision 1. Authorization to make office appointive. Notwithstanding
1.8Minnesota Statutes, section 382.01, upon adoption of a resolution by the Lake County
1.9Board of Commissioners, the offices of county auditor-treasurer and county recorder are not
1.10elective but must be filled by appointment by the county board as provided in the resolution.
1.11 Subd. 2. Board controls; may change as long as duties done. Upon adoption of
1.12a resolution by the county board of commissioners and subject to subdivisions 3 and 4,
1.13the duties of an elected official required by statute whose office is made appointive as
1.14authorized by this section must be discharged by the county board of commissioners
1.15acting through a department head appointed by the board for that purpose. Reorganization,
1.16reallocation, delegation, or other administrative change or transfer does not diminish,
1.17prohibit, or avoid the discharge of duties required by statute.
1.18 Subd. 3. Incumbents to complete term. The person elected at the last general
1.19election to an office made appointive under this section must serve in that capacity and
1.20perform the duties, functions, and responsibilities required by statute until the completion
1.21of the term of office to which the person was elected or until a vacancy occurs in the
1.22office, whichever occurs earlier.
1.23 Subd. 4. Publishing resolution; petition, referendum. (a) Before the adoption
1.24of a resolution to provide for the appointment of the county auditor-treasurer and the
2.1county recorder, the county board must publish a proposed resolution notifying the
2.2public of its intent to consider the issue once each week for two consecutive weeks in the
2.3official publication of the county. Following publication and prior to formally adopting
2.4the resolution, the county board shall provide an opportunity at its next regular meeting
2.5for public comment relating to the issue. After the public comment opportunity, at the
2.6same meeting or a subsequent meeting, the county board of commissioners may adopt
2.7a resolution that provides for the appointment of the county auditor-treasurer and the
2.8county recorder as permitted in this section. The resolution must be approved by at least
2.980 percent of the members of the county board. The resolution may take effect 60 days
2.10after it is adopted, or at a later date stated in the resolution, unless a petition is filed as
2.11provided in paragraph (b).
2.12 (b) Within 60 days after the county board adopts the resolution, a petition requesting
2.13a referendum may be filed with the county auditor-treasurer. The petition must be signed
2.14by at least ten percent of the registered voters of the county. The petition must meet
2.15the requirements of the secretary of state, as provided in Minnesota Statutes, section
2.16204B.071, and any rules adopted to implement that section. If the petition is sufficient, the
2.17question of appointing the county auditor-treasurer and recorder must be placed on the
2.18ballot at a regular or special election. If a majority of the voters of the county voting on
2.19the question vote in favor of appointment, the resolution may be implemented.
2.20 Subd. 5. Reverting to elected offices. (a) The county board may adopt a resolution
2.21to provide for the election of an office made an appointed position under this section, but
2.22not until at least three years after the office was made an appointed position. The county
2.23board must publish a proposed resolution notifying the public of its intent to consider the
2.24issue once each week for two consecutive weeks in the official publication of the county.
2.25Following publication and before formally adopting the resolution, the county board must
2.26provide an opportunity at its next regular meeting for public comment relating to the
2.27issue. After the public comment hearing, the county board may adopt the resolution. The
2.28resolution must be approved by at least 60 percent of the members of the county board and
2.29is effective August 1 following adoption of the resolution.
2.30(b) The question of whether an office made an appointed position under this section
2.31must be made an elected office must be placed on the ballot at the next general election if:
2.32(1) the position has been an appointed position for at least three years;
2.33(2) a petition signed by at least ten percent of the registered voters of the county
2.34is filed with the office of the county auditor-treasurer by August 1 of the year in which
2.35the general election is held; and
3.1(3) the petition meets the requirements of the secretary of state, as provided in
3.2Minnesota Statutes, section 204B.071, and any rules adopted to implement that section.
3.3If a majority of the voters of the county voting on the question vote in favor of making
3.4the office an elected position, the election for the office must be held at the next regular
3.5or special election.
3.6EFFECTIVE DATE.This section is effective the day after the Lake County Board
3.7of Commissioners and its chief clerical officer timely complete their compliance with
3.8Minnesota Statutes, section 645.021, subdivisions 2 and 3.
