Bill Text: MN SF672 | 2013-2014 | 88th Legislature | Introduced
Bill Title: Kandiyohi county auditor-treasurer and recorder appointive offices procedure authorization
Sponsorship: Partisan Bill (Democrat 1)
Status: (Introduced - Dead) 2013-03-18 - Second reading [SF672 Detail]
Download: Minnesota-2013-SF672-Introduced.html
1.2relating to counties; providing a process for making the offices of county
1.3auditor-treasurer and recorder appointive in Kandiyohi County.
1.4BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
1.5 Section 1. KANDIYOHI COUNTY AUDITOR-TREASURER AND RECORDER
1.6MAY BE APPOINTED.
1.7 Subdivision 1. Authorization to make office appointive. Notwithstanding
1.8Minnesota Statutes, section 382.01, upon adoption of a resolution by the Kandiyohi
1.9County Board of Commissioners, the offices of county auditor-treasurer and county
1.10recorder are not elective but must be filled by appointment by the county board as
1.11provided 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 a resolution to provide for the appointment of the county auditor-treasurer and the
2.3county recorder, the county board must publish a proposed resolution notifying the
2.4public of its intent to consider the issue once each week for two consecutive weeks in the
2.5official publication of the county. Following publication and prior to formally adopting
2.6the resolution, the county board shall provide an opportunity at its next regular meeting
2.7for public comment relating to the issue. After the public comment opportunity, at the
2.8same meeting or a subsequent meeting, the county board of commissioners may adopt
2.9a resolution that provides for the appointment of the county auditor-treasurer and the
2.10county recorder as permitted in this section. The resolution must be approved by at least
2.1180 percent of the members of the county board. The resolution may take effect 60 days
2.12after it is adopted, or at a later date stated in the resolution, unless a petition is filed as
2.13provided 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, the
2.19question of appointing the county auditor-treasurer and recorder must be placed on the
2.20ballot at a regular or special election. If a majority of the voters of the county voting on
2.21the question vote in favor of appointment, the resolution may be implemented.
2.22 Subd. 5. Reverting to elected offices. (a) The county board may adopt a resolution
2.23to provide for the election of an office made an appointed position under this section, but
2.24not until at least three years after the office was made an appointed position. The county
2.25board must publish a proposed resolution notifying the public of its intent to consider the
2.26issue once each week for two consecutive weeks in the official publication of the county.
2.27Following publication and before formally adopting the resolution, the county board must
2.28provide an opportunity at its next regular meeting for public comment relating to the
2.29issue. After the public comment hearing, the county board may adopt the resolution. The
2.30resolution must be approved by at least 60 percent of the members of the county board and
2.31is effective August 1 following adoption of the resolution.
2.32(b) The question of whether an office made an appointed position under this section
2.33must be made an elected office must be placed on the ballot at the next general election if:
2.34(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.
3.9EFFECTIVE DATE.This section is effective the day after the Kandiyohi County
3.10Board of Commissioners and its chief clerical officer timely complete their compliance
3.11with Minnesota Statutes, section 645.021, subdivisions 2 and 3.
1.3auditor-treasurer and recorder appointive in Kandiyohi County.
1.4BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
1.5 Section 1. KANDIYOHI COUNTY AUDITOR-TREASURER AND RECORDER
1.6MAY BE APPOINTED.
1.7 Subdivision 1. Authorization to make office appointive. Notwithstanding
1.8Minnesota Statutes, section 382.01, upon adoption of a resolution by the Kandiyohi
1.9County Board of Commissioners, the offices of county auditor-treasurer and county
1.10recorder are not elective but must be filled by appointment by the county board as
1.11provided 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 a resolution to provide for the appointment of the county auditor-treasurer and the
2.3county recorder, the county board must publish a proposed resolution notifying the
2.4public of its intent to consider the issue once each week for two consecutive weeks in the
2.5official publication of the county. Following publication and prior to formally adopting
2.6the resolution, the county board shall provide an opportunity at its next regular meeting
2.7for public comment relating to the issue. After the public comment opportunity, at the
2.8same meeting or a subsequent meeting, the county board of commissioners may adopt
2.9a resolution that provides for the appointment of the county auditor-treasurer and the
2.10county recorder as permitted in this section. The resolution must be approved by at least
2.1180 percent of the members of the county board. The resolution may take effect 60 days
2.12after it is adopted, or at a later date stated in the resolution, unless a petition is filed as
2.13provided 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, the
2.19question of appointing the county auditor-treasurer and recorder must be placed on the
2.20ballot at a regular or special election. If a majority of the voters of the county voting on
2.21the question vote in favor of appointment, the resolution may be implemented.
2.22 Subd. 5. Reverting to elected offices. (a) The county board may adopt a resolution
2.23to provide for the election of an office made an appointed position under this section, but
2.24not until at least three years after the office was made an appointed position. The county
2.25board must publish a proposed resolution notifying the public of its intent to consider the
2.26issue once each week for two consecutive weeks in the official publication of the county.
2.27Following publication and before formally adopting the resolution, the county board must
2.28provide an opportunity at its next regular meeting for public comment relating to the
2.29issue. After the public comment hearing, the county board may adopt the resolution. The
2.30resolution must be approved by at least 60 percent of the members of the county board and
2.31is effective August 1 following adoption of the resolution.
2.32(b) The question of whether an office made an appointed position under this section
2.33must be made an elected office must be placed on the ballot at the next general election if:
2.34(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.
3.9EFFECTIVE DATE.This section is effective the day after the Kandiyohi County
3.10Board of Commissioners and its chief clerical officer timely complete their compliance
3.11with Minnesota Statutes, section 645.021, subdivisions 2 and 3.
