1.1    .................... moves to amend H.F. No. 269 as follows:
1.2Delete everything after the enacting clause and insert:

1.3    "Section 1. Minnesota Statutes 2006, section 375.101, subdivision 1, is amended to
1.4read:
1.5    Subdivision 1. Option for filling vacancies; election in 30 to 60 days. Except as
1.6provided in subdivision 3, a vacancy in the office of county commissioner shall may be
1.7filled as provided in this subdivision and subdivision 2, or as provided in subdivision 4. If
1.8the vacancy is to be filled under this subdivision and subdivision 2, it must be filled at a
1.9special election not less than 30 nor more than 60 90 days after the vacancy occurs. The
1.10special primary or special election may be held on the same day as a regular primary or
1.11regular election but the special election shall be held not less than 14 days after the special
1.12primary. The person elected at the special election shall take office immediately after
1.13receipt of the certificate of election and upon filing the bond and taking the oath of office
1.14and shall serve the remainder of the unexpired term. If the county has been reapportioned
1.15since the commencement of the term of the vacant office, the election shall be based
1.16on the district as reapportioned.
1.17EFFECTIVE DATE.This section is effective the day following final enactment.

1.18    Sec. 2. Minnesota Statutes 2006, section 375.101, is amended by adding a subdivision
1.19to read:
1.20    Subd. 4. Option for filling vacancies; appointment. Except as provided in
1.21subdivision 3, and as an alternative to the procedure provided in subdivisions 1 and 2, any
1.22other vacancy in the office of county commissioner may be filled by board appointment at
1.23a regular or special meeting. The appointment shall be evidenced by a resolution entered
1.24in the minutes and shall continue until an election is held under this subdivision. All
1.25elections to fill vacancies shall be for the unexpired term. If the vacancy occurs before the
1.26first day to file affidavits of candidacy for the next county general election and more than
2.1two years remain in the unexpired term, a special election shall be held in conjunction
2.2with the county general election. The appointed person shall serve until the qualification
2.3of the successor elected to fill the unexpired part of the term at that special election. If the
2.4vacancy occurs on or after the first day to file affidavits of candidacy for the county general
2.5election, or when less than two years remain in the unexpired term, there shall be no special
2.6election to fill the vacancy and the appointed person shall serve the remainder of the
2.7unexpired term and until a successor is elected and qualifies at the county general election.
2.8EFFECTIVE DATE.This section is effective the day following final enactment.

2.9    Sec. 3. Minnesota Statutes 2006, section 375A.10, subdivision 5, is amended to read:
2.10    Subd. 5. Auditor-treasurer. In any county exercising the option provided
2.11in subdivision 2, clause (c), the office shall be known thereafter as the office of
2.12auditor-treasurer, if the office is to remain elective. If the board chooses to make the
2.13office of auditor-treasurer elective, and not require a referendum, it must act with the
2.14concurrence of 80 percent of its members.
2.15    In the exercise of this option, the county board shall direct which of the offices of
2.16auditor or treasurer shall be terminated for the purpose of providing for the election to
2.17the single office of auditor-treasurer. The duties, functions and responsibilities which
2.18have been heretofore and which shall hereafter be required by statute to be performed
2.19by the county auditor and the county treasurer shall be vested in and performed by the
2.20auditor-treasurer without diminishing, prohibiting or avoiding those specific duties
2.21required by statute to be performed by the county auditor and the county treasurer.
2.22    Nothing in this subdivision shall preclude the county from exercising the option to
2.23make the combined office of auditor-treasurer appointive as if it had been specifically
2.24enumerated in subdivision 2. If the combined office is to be appointive, a referendum
2.25under section 375A.12 shall be necessary, except as provided by section 375A.12,
2.26subdivision 2a.
2.27    If the combined office is to be elective, a referendum under section 375A.12 shall
2.28be necessary if:
2.29    (a) the county board requires a referendum; or
2.30    (b) a referendum is required by a petition of a number of voters equal to ten
2.31percent of those voting in the county at the last general election that is received by the
2.32county auditor within 30 days after the second publication of the board resolution that
2.33orders the combination.
3.1    The persons last elected to the positions of auditor and treasurer before adoption
3.2of the resolution shall serve in those offices and perform the duties of those offices until
3.3the completion of the terms to which they were elected.

3.4    Sec. 4. Minnesota Statutes 2006, section 375A.12, subdivision 2, is amended to read:
3.5    Subd. 2. Form of government options. Except as provided in subdivision 2a, the
3.6options provided in sections 375A.01 to 375A.10 shall be adopted in any county only after
3.7an affirmative vote of the voters in the county on the question of the adoption of the
3.8option. Except as provided in section 375A.01, only one such plan may be submitted
3.9at any one election.

3.10    Sec. 5. Minnesota Statutes 2006, section 375A.12, is amended by adding a subdivision
3.11to read:
3.12    Subd. 2a. Publishing resolution; hearing; petition; referendum. An option
3.13provided in section 375A.10, subdivision 2, clause (a), for the appointment of the county
3.14auditor, county treasurer, or county recorder; or for the appointment of the auditor-treasurer
3.15under section 375A.10, subdivision 5, may be adopted by the county board by resolution
3.16if the option is approved by at least 80 percent of the members of the county board. Before
3.17the adoption of the resolution, the county board must publish a resolution notifying the
3.18public of its intent to consider the option once each week for two consecutive weeks
3.19in the official publication of the county. Following the publication, the county board
3.20shall provide an opportunity at its next regular meeting for public comment relating to
3.21the option, prior to formally adopting the option. The resolution may be adopted and
3.22implemented without the submission of the question to the voters of the county unless,
3.23within 30 days after the board meeting at which the public is provided an opportunity
3.24to comment on the proposal, a petition requesting a referendum, signed by at least ten
3.25percent of the registered voters of the county, is filed with the county auditor. The petition
3.26must meet the requirements of the Secretary of State, as provided in section 204B.071 and
3.27any rules adopted to implement that section. If a petition is filed, the resolution may be
3.28implemented unless disapproved by a majority of the voters of the county voting on the
3.29question at a regular or special election.
3.30    A county must not begin the process authorized in this subdivision if a proposed
3.31resolution could be subject to a referendum that would be held at the same election as an
3.32election to fill the affected county offices.

3.33    Sec. 6. Minnesota Statutes 2006, section 382.01, is amended to read:
3.34382.01 OFFICERS ELECTED; TERMS.
4.1    In every county in this state there shall be elected at the general election in 1918 a
4.2county auditor, a county treasurer, sheriff, county recorder, county attorney, and coroner.
4.3    The terms of office of these officers shall be four years and shall begin on the first
4.4Monday in January next succeeding their election. They shall hold office until their
4.5successors are elected and qualified. Each of these offices shall must be filled by election
4.6every four years thereafter after 1918, unless an office is consolidated with another county
4.7office, or made appointive under chapter 375A or some other general or special law."
4.8Amend the title accordingly