Minnesota Legislature
SF 124
1st Engrossment - 85th Legislature (2007 - 2008) Posted on 12/15/2009 12:00am
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A bill for an act
relating to counties; providing for appointment and consolidation of certain
county offices, subject to notice, hearing, reverse referendum; amending
Minnesota Statutes 2006, sections 375.101, subdivision 1, by adding a
subdivision; 375A.10, subdivision 5; 375A.12, subdivision 2, by adding a
subdivision; 382.01.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
Section 1.
Minnesota Statutes 2006, section 375.101, subdivision 1, is amended to read:
Subdivision 1.
new text begin Option for filling vacancies; new text end election in 30 to deleted text begin 60deleted text end new text begin 90new text end days.
Except
as provided in subdivision 3, a vacancy in the office of county commissioner deleted text begin shalldeleted text end new text begin maynew text end be
filled new text begin as provided in this subdivision and subdivision 2, or as provided in subdivision 4. If
the vacancy is to be filled under this subdivision and subdivision 2, it must be filled new text end at a
special election not less than 30 nor more than deleted text begin 60deleted text end new text begin 90new text end days after the vacancy occurs. The
special primary or special election may be held on the same day as a regular primary or
regular election but the special election shall be held not less than 14 days after the special
primary. The person elected at the special election shall take office immediately after
receipt of the certificate of election and upon filing the bond and taking the oath of office
and shall serve the remainder of the unexpired term. If the county has been reapportioned
since the commencement of the term of the vacant office, the election shall be based
on the district as reapportioned.
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective the day following final enactment.
new text end
Sec. 2.
Minnesota Statutes 2006, section 375.101, is amended by adding a subdivision
to read:
new text begin Subd. 4. new text end
new text begin Option for filling vacancies; appointment. new text end
new text begin
Except as provided in
subdivision 3, and as an alternative to the procedure provided in subdivisions 1 and 2, any
other vacancy in the office of county commissioner may be filled by board appointment at
a regular or special meeting. The appointment shall be evidenced by a resolution entered
in the minutes and shall continue until an election is held under this subdivision. All
elections to fill vacancies shall be for the unexpired term. If the vacancy occurs before the
first day to file affidavits of candidacy for the next county general election and more than
two years remain in the unexpired term, a special election shall be held in conjunction
with the county general election. The appointed person shall serve until the qualification
of the successor elected to fill the unexpired part of the term at that special election. If the
vacancy occurs on or after the first day to file affidavits of candidacy for the county general
election, or when less than two years remain in the unexpired term, there shall be no special
election to fill the vacancy and the appointed person shall serve the remainder of the
unexpired term and until a successor is elected and qualifies at the county general election.
new text end
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective the day following final enactment.
new text end
Sec. 3.
Minnesota Statutes 2006, section 375A.10, subdivision 5, is amended to read:
Subd. 5.
Auditor-treasurer.
In any county exercising the option provided
in subdivision 2, clause (c), the office shall be known thereafter as the office of
auditor-treasurer, if the office is to remain elective. If the board chooses to make the
office of auditor-treasurer elective, and not require a referendum, it must act with the
concurrence of 80 percent of its members.
In the exercise of this option, the county board shall direct which of the offices of
auditor or treasurer shall be terminated for the purpose of providing for the election to
the single office of auditor-treasurer. The duties, functions and responsibilities which
have been heretofore and which shall hereafter be required by statute to be performed
by the county auditor and the county treasurer shall be vested in and performed by the
auditor-treasurer without diminishing, prohibiting or avoiding those specific duties
required by statute to be performed by the county auditor and the county treasurer.
Nothing in this subdivision shall preclude the county from exercising the option to
make the combined office of auditor-treasurer appointive as if it had been specifically
enumerated in subdivision 2. If the combined office is to be appointive, a referendum
under section 375A.12 shall be necessarynew text begin , except as provided by section 375A.12,
subdivision 2anew text end .
If the combined office is to be elective, a referendum under section 375A.12 shall
be necessary if:
(a) the county board requires a referendum; or
(b) a referendum is required by a petition of a number of voters equal to ten
percent of those voting in the county at the last general election that is received by the
county auditor within 30 days after the second publication of the board resolution that
orders the combination.
The persons last elected to the positions of auditor and treasurer before adoption
of the resolution shall serve in those offices and perform the duties of those offices until
the completion of the terms to which they were elected.
Sec. 4.
Minnesota Statutes 2006, section 375A.12, subdivision 2, is amended to read:
Subd. 2.
Form of government options.
new text begin Except as provided in subdivision 2a, new text end the
options provided in sections 375A.01 to 375A.10 shall be adopted in any county only after
an affirmative vote of the voters in the county on the question of the adoption of the
option. Except as provided in section 375A.01, only one such plan may be submitted
at any one election.
Sec. 5.
Minnesota Statutes 2006, section 375A.12, is amended by adding a subdivision
to read:
new text begin Subd. 2a. new text end
new text begin Publishing resolution; hearing; petition; referendum. new text end
new text begin
An option
provided in section 375A.10, subdivision 2, clause (a), for the appointment of the county
auditor, county treasurer, or county recorder; or for the appointment of the auditor-treasurer
under section 375A.10, subdivision 5, may be adopted by the county board by resolution
if the option is approved by at least 80 percent of the members of the county board. Before
the adoption of the resolution, the county board must publish a resolution notifying the
public of its intent to consider the option once each week for two consecutive weeks
in the official publication of the county. Following the publication, the county board
shall provide an opportunity at its next regular meeting for public comment relating to
the option, prior to formally adopting the option. The resolution may be adopted and
implemented without the submission of the question to the voters of the county unless,
within 30 days after the board meeting at which the public is provided an opportunity
to comment on the proposal, a petition requesting a referendum, signed by at least ten
percent of the registered voters of the county, is filed with the county auditor. The petition
must meet the requirements of the secretary of state, as provided in section 204B.071 and
any rules adopted to implement that section. If a petition is filed, the resolution may be
implemented unless disapproved by a majority of the voters of the county voting on the
question at a regular or special election.
new text end
new text begin
A county must not begin the process authorized in this subdivision if a proposed
resolution could be subject to a referendum that would be held at the same election as an
election to fill the affected county offices.
new text end
Sec. 6.
Minnesota Statutes 2006, section 382.01, is amended to read:
382.01 OFFICERS ELECTED; TERMS.
In every county in this state there shall be elected at the general election in 1918 a
county auditor, a county treasurer, sheriff, county recorder, county attorney, and coroner.
The terms of office of these officers shall be four years and shall begin on the first
Monday in January next succeeding their election. They shall hold office until their
successors are elected and qualified. new text begin Each of new text end these offices deleted text begin shalldeleted text end new text begin mustnew text end be filled by election
every four years deleted text begin thereafterdeleted text end new text begin after 1918, unless an office is consolidated with another county
office, or made appointive under chapter 375A or some other general or special lawnew text end .