1.1 	A bill for an act
1.2 	relating to counties; providing a process for making certain county offices 
1.3 	appointive in Marshall County.
1.4 	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

1.5 	Section 1. MARSHALL COUNTY OFFICES MAY BE APPOINTED.
 1.6 		Subdivision 1.Authority to make office appointive. Notwithstanding Minnesota 
1.7 	Statutes, section 382.01, upon adoption of a resolution by the Marshall County Board of 
1.8 	Commissioners, the offices of county recorder and county auditor-treasurer are not elective 
1.9 	but must be filled by appointment by the county board as provided in the resolution.
1.10 		Subd. 2.Board controls; may change as long as duties done. Upon adoption of a 
1.11 	resolution by the Marshall County Board of Commissioners and subject to subdivisions 3 
1.12 	and 4, the duties of an elected official required by statute whose office is made appointive 
1.13 	as authorized by this section must be discharged by the Marshall County Board of 
1.14 	Commissioners acting through a department head appointed by the board for that purpose. 
1.15 	Reorganization, reallocation, delegation, or other administrative change or transfer does 
1.16 	not diminish, prohibit, or avoid the discharge of duties required by statute. 
1.17 		Subd. 3.Incumbents to complete term. The person elected at the last general 
1.18 	election to an office made appointive under this section must serve in that capacity and 
1.19 	perform the duties, functions, and responsibilities required by statute until the completion 
1.20 	of the term of office to which the person was elected or until a vacancy occurs in the 
1.21 	office, whichever occurs earlier.
1.22 		Subd. 4.Publishing resolution; petition, referendum. (a) Before the adoption 
1.23 	of the resolution to provide for the appointment of the county recorder and county 
1.24 	auditor-treasurer, the county board must publish a proposed resolution notifying the 
2.1 	public of its intent to consider the issue once each week for two consecutive weeks in the 
2.2 	official publication of the county. Following publication and prior to formally adopting 
2.3 	the resolution, the county board shall provide an opportunity at its next regular meeting 
2.4 	for public comment relating to the issue. After the public comment opportunity, at the 
2.5 	same meeting or a subsequent meeting, the Marshall County Board of Commissioners 
2.6 	may adopt a resolution that provides for the appointment of the county recorder and 
2.7 	county auditor-treasurer as permitted in this section. The resolution must be approved by 
2.8 	at least 80 percent of the members of the county board.
2.9 	(b) Within 30 days after the second publication, a petition requesting a referendum 
2.10 	may be filed with the county auditor-treasurer. The petition must be signed by at 
2.11 	least ten percent of the registered voters of Marshall County. The petition must meet 
2.12 	the requirements of the secretary of state, as provided in Minnesota Statutes, section 
2.13 	204B.071, and any rules adopted to implement that section. If the petition is sufficient, the 
2.14 	question of appointing the county recorder and county auditor-treasurer must be placed on 
2.15 	the ballot at a regular or special election. If a majority of the voters of the county voting 
2.16 	on the question vote in favor of appointment, the resolution may be implemented.

2.17 	Sec. 2. EFFECTIVE DATE.
 2.18 	Section 1 is effective the day after the Marshall County Board of Commissioners 
2.19 	and its chief clerical officer timely complete their compliance with Minnesota Statutes, 
2.20 	section 645.021, subdivisions 2 and 3.