Bill Text: MN SF915 | 2013-2014 | 88th Legislature | Engrossed
Bill Title: Jackson and Lyon counties auditor-treasurer office appointment
Sponsorship: Partisan Bill (Republican 3)
Status: (Introduced - Dead) 2013-03-18 - Second reading [SF915 Detail]
Download: Minnesota-2013-SF915-Engrossed.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.
2.21 Subd. 5. Reverting to elected offices. (a) The county board may adopt a resolution
2.22to provide for the election of an office made an appointed position under this section, but
2.23not until at least three years after the office was made an appointed position. The county
2.24board must publish a proposed resolution notifying the public of its intent to consider the
2.25issue once each week for two consecutive weeks in the official publication of the county.
2.26Following publication and before formally adopting the resolution, the county board must
2.27provide an opportunity at its next regular meeting for public comment relating to the
2.28issue. After the public comment hearing, the county board may adopt the resolution. The
2.29resolution must be approved by at least 60 percent of the members of the county board and
2.30is effective August 1 following adoption of the resolution.
2.31(b) The question of whether an office made an appointed position under this section
2.32must be made an elected office must be placed on the ballot at the next general election if:
2.33(1) the position has been an appointed position for at least three years;
2.34(2) a petition signed by at least ten percent of the registered voters of the county
2.35is filed with the office of the county auditor-treasurer by August 1 of the year in which
2.36the 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 Jackson County
3.7Board of Commissioners and its chief clerical officer timely complete their compliance
3.8with Minnesota Statutes, section 645.021, subdivisions 2 and 3.
3.9 Sec. 2. LYON COUNTY AUDITOR-TREASURER AND RECORDER MAY
3.10BE APPOINTED.
3.11 Subdivision 1. Authorization to make office appointive. Notwithstanding
3.12Minnesota Statutes, section 382.01, upon adoption of a resolution by the Lyon County
3.13Board of Commissioners, the offices of county auditor-treasurer and county recorder are not
3.14elective but must be filled by appointment by the county board as provided in the resolution.
3.15 Subd. 2. Board controls; may change as long as duties done. Upon adoption of
3.16a resolution by the county board of commissioners and subject to subdivisions 3 and 4,
3.17the duties of an elected official required by statute whose office is made appointive as
3.18authorized by this section must be discharged by the county board of commissioners
3.19acting through a department head appointed by the board for that purpose. Reorganization,
3.20reallocation, delegation, or other administrative change or transfer does not diminish,
3.21prohibit, or avoid the discharge of duties required by statute.
3.22 Subd. 3. Incumbents to complete term. The person elected at the last general
3.23election to an office made appointive under this section must serve in that capacity and
3.24perform the duties, functions, and responsibilities required by statute until the completion
3.25of the term of office to which the person was elected or until a vacancy occurs in the
3.26office, whichever occurs earlier.
3.27 Subd. 4. Publishing resolution; petition, referendum. (a) Before the adoption
3.28of a resolution to provide for the appointment of the county auditor-treasurer and the
3.29county recorder, the county board must publish a proposed resolution notifying the
3.30public of its intent to consider the issue once each week for two consecutive weeks in the
3.31official publication of the county. Following publication and prior to formally adopting
3.32the resolution, the county board shall provide an opportunity at its next regular meeting
3.33for public comment relating to the issue. After the public comment opportunity, at the
3.34same meeting or a subsequent meeting, the county board of commissioners may adopt
3.35a resolution that provides for the appointment of the county auditor-treasurer and the
4.1county recorder as permitted in this section. The resolution must be approved by at least
4.280 percent of the members of the county board. The resolution may take effect 60 days
4.3after it is adopted, or at a later date stated in the resolution, unless a petition is filed as
4.4provided in paragraph (b).
4.5 (b) Within 60 days after the county board adopts the resolution, a petition requesting
4.6a referendum may be filed with the county auditor-treasurer. The petition must be signed
4.7by at least ten percent of the registered voters of the county. The petition must meet
4.8the requirements of the secretary of state, as provided in Minnesota Statutes, section
4.9204B.071, and any rules adopted to implement that section. If the petition is sufficient, the
4.10question of appointing the county auditor-treasurer and recorder must be placed on the
4.11ballot at a regular or special election. If a majority of the voters of the county voting on
4.12the question vote in favor of appointment, the resolution may be implemented.
4.13 Subd. 5. Reverting to elected offices. (a) The county board may adopt a resolution
4.14to provide for the election of an office made an appointed position under this section, but
4.15not until at least three years after the office was made an appointed position. The county
4.16board must publish a proposed resolution notifying the public of its intent to consider the
4.17issue once each week for two consecutive weeks in the official publication of the county.
4.18Following publication and before formally adopting the resolution, the county board must
4.19provide an opportunity at its next regular meeting for public comment relating to the
4.20issue. After the public comment hearing, the county board may adopt the resolution. The
4.21resolution must be approved by at least 60 percent of the members of the county board and
4.22is effective August 1 following adoption of the resolution.
4.23(b) The question of whether an office made an appointed position under this section
4.24must be made an elected office must be placed on the ballot at the next general election if:
4.25(1) the position has been an appointed position for at least three years;
4.26(2) a petition signed by at least ten percent of the registered voters of the county
4.27is filed with the office of the county auditor-treasurer by August 1 of the year in which
4.28the general election is held; and
4.29(3) the petition meets the requirements of the secretary of state, as provided in
4.30Minnesota Statutes, section 204B.071, and any rules adopted to implement that section.
4.31If a majority of the voters of the county voting on the question vote in favor of making
4.32the office an elected position, the election for the office must be held at the next regular
4.33or special election.
4.34EFFECTIVE DATE.This section is effective the day after the Lyon County Board
4.35of Commissioners and its chief clerical officer timely complete their compliance with
4.36Minnesota 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.
2.21 Subd. 5. Reverting to elected offices. (a) The county board may adopt a resolution
2.22to provide for the election of an office made an appointed position under this section, but
2.23not until at least three years after the office was made an appointed position. The county
2.24board must publish a proposed resolution notifying the public of its intent to consider the
2.25issue once each week for two consecutive weeks in the official publication of the county.
2.26Following publication and before formally adopting the resolution, the county board must
2.27provide an opportunity at its next regular meeting for public comment relating to the
2.28issue. After the public comment hearing, the county board may adopt the resolution. The
2.29resolution must be approved by at least 60 percent of the members of the county board and
2.30is effective August 1 following adoption of the resolution.
2.31(b) The question of whether an office made an appointed position under this section
2.32must be made an elected office must be placed on the ballot at the next general election if:
2.33(1) the position has been an appointed position for at least three years;
2.34(2) a petition signed by at least ten percent of the registered voters of the county
2.35is filed with the office of the county auditor-treasurer by August 1 of the year in which
2.36the 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 Jackson County
3.7Board of Commissioners and its chief clerical officer timely complete their compliance
3.8with Minnesota Statutes, section 645.021, subdivisions 2 and 3.
3.9 Sec. 2. LYON COUNTY AUDITOR-TREASURER AND RECORDER MAY
3.10BE APPOINTED.
3.11 Subdivision 1. Authorization to make office appointive. Notwithstanding
3.12Minnesota Statutes, section 382.01, upon adoption of a resolution by the Lyon County
3.13Board of Commissioners, the offices of county auditor-treasurer and county recorder are not
3.14elective but must be filled by appointment by the county board as provided in the resolution.
3.15 Subd. 2. Board controls; may change as long as duties done. Upon adoption of
3.16a resolution by the county board of commissioners and subject to subdivisions 3 and 4,
3.17the duties of an elected official required by statute whose office is made appointive as
3.18authorized by this section must be discharged by the county board of commissioners
3.19acting through a department head appointed by the board for that purpose. Reorganization,
3.20reallocation, delegation, or other administrative change or transfer does not diminish,
3.21prohibit, or avoid the discharge of duties required by statute.
3.22 Subd. 3. Incumbents to complete term. The person elected at the last general
3.23election to an office made appointive under this section must serve in that capacity and
3.24perform the duties, functions, and responsibilities required by statute until the completion
3.25of the term of office to which the person was elected or until a vacancy occurs in the
3.26office, whichever occurs earlier.
3.27 Subd. 4. Publishing resolution; petition, referendum. (a) Before the adoption
3.28of a resolution to provide for the appointment of the county auditor-treasurer and the
3.29county recorder, the county board must publish a proposed resolution notifying the
3.30public of its intent to consider the issue once each week for two consecutive weeks in the
3.31official publication of the county. Following publication and prior to formally adopting
3.32the resolution, the county board shall provide an opportunity at its next regular meeting
3.33for public comment relating to the issue. After the public comment opportunity, at the
3.34same meeting or a subsequent meeting, the county board of commissioners may adopt
3.35a resolution that provides for the appointment of the county auditor-treasurer and the
4.1county recorder as permitted in this section. The resolution must be approved by at least
4.280 percent of the members of the county board. The resolution may take effect 60 days
4.3after it is adopted, or at a later date stated in the resolution, unless a petition is filed as
4.4provided in paragraph (b).
4.5 (b) Within 60 days after the county board adopts the resolution, a petition requesting
4.6a referendum may be filed with the county auditor-treasurer. The petition must be signed
4.7by at least ten percent of the registered voters of the county. The petition must meet
4.8the requirements of the secretary of state, as provided in Minnesota Statutes, section
4.9204B.071, and any rules adopted to implement that section. If the petition is sufficient, the
4.10question of appointing the county auditor-treasurer and recorder must be placed on the
4.11ballot at a regular or special election. If a majority of the voters of the county voting on
4.12the question vote in favor of appointment, the resolution may be implemented.
4.13 Subd. 5. Reverting to elected offices. (a) The county board may adopt a resolution
4.14to provide for the election of an office made an appointed position under this section, but
4.15not until at least three years after the office was made an appointed position. The county
4.16board must publish a proposed resolution notifying the public of its intent to consider the
4.17issue once each week for two consecutive weeks in the official publication of the county.
4.18Following publication and before formally adopting the resolution, the county board must
4.19provide an opportunity at its next regular meeting for public comment relating to the
4.20issue. After the public comment hearing, the county board may adopt the resolution. The
4.21resolution must be approved by at least 60 percent of the members of the county board and
4.22is effective August 1 following adoption of the resolution.
4.23(b) The question of whether an office made an appointed position under this section
4.24must be made an elected office must be placed on the ballot at the next general election if:
4.25(1) the position has been an appointed position for at least three years;
4.26(2) a petition signed by at least ten percent of the registered voters of the county
4.27is filed with the office of the county auditor-treasurer by August 1 of the year in which
4.28the general election is held; and
4.29(3) the petition meets the requirements of the secretary of state, as provided in
4.30Minnesota Statutes, section 204B.071, and any rules adopted to implement that section.
4.31If a majority of the voters of the county voting on the question vote in favor of making
4.32the office an elected position, the election for the office must be held at the next regular
4.33or special election.
4.34EFFECTIVE DATE.This section is effective the day after the Lyon County Board
4.35of Commissioners and its chief clerical officer timely complete their compliance with
4.36Minnesota Statutes, section 645.021, subdivisions 2 and 3.
