Minnesota Session Laws - 2002, Regular Session

                            CHAPTER 256-S.F.No. 2834 
                  An act relating to Steele county; permitting the 
                  appointment of the county recorder. 
        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
           Section 1.  [RECORDER MAY BE APPOINTED.] 
           Notwithstanding Minnesota Statutes, section 382.01, upon 
        adoption of a resolution by the Steele county board of 
        commissioners, the office of county recorder in the county is 
        not elective but must be filled by appointment by the county 
        board as provided in the resolution.  Before the county board 
        may adopt a resolution under this section, the board must hold a 
        public hearing on the proposal to appoint the county recorder. 
           Sec. 2.  [BOARD CONTROLS, MAY CHANGE AS LONG AS DUTIES 
        DONE.] 
           Upon adoption of a resolution by the Steele county board of 
        commissioners and subject to sections 3 and 4, the duties of the 
        elected official required by statute whose office is made 
        appointive as authorized by this act must be discharged by the 
        board of commissioners of Steele county acting through a 
        department head appointed by the board for that purpose.  A 
        reorganization, reallocation, or delegation or other 
        administrative change or transfer does not diminish, prohibit, 
        or avoid the discharge of duties required by statute. 
           Sec. 3.  [INCUMBENT TO COMPLETE TERM.] 
           The person currently serving as county recorder must serve 
        in that capacity and perform the duties, functions, and 
        responsibilities required by statute until the completion of the 
        current term of office or until a vacancy occurs in the office, 
        whichever occurs earlier. 
           Sec. 4.  [FOUR-FIFTHS VOTE; REVERSE REFERENDUM.] 
           The county board may provide for the appointment of the 
        county recorder as permitted in this act without an affirmative 
        vote of the voters of the county if the resolution to make the 
        office appointed is approved by 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 adopting 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 option may be implemented without the submission of the 
        question of its implementation to the voters of the county, 
        unless within 30 days after the second publication of the 
        resolution, a petition requesting a referendum, signed by at 
        least ten percent of the registered voters of the county, is 
        filed with the county auditor.  If a petition is filed, the 
        option may be implemented unless disapproved by a majority of 
        the voters of the county voting on the question at a regular or 
        special election. 
           Sec. 5.  [EFFECTIVE DATE; LOCAL APPROVAL.] 
           This act is effective the day after the governing body of 
        Steele county and its chief clerical officer timely complete 
        their compliance with Minnesota Statutes, section 645.021, 
        subdivisions 2 and 3. 
           Presented to the governor March 20, 2002 
           Signed by the governor March 22, 2002, 2:10 p.m.