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Committee rejects bill changing county auditor election rules after legal and procedural concerns
Summary
The committee voted to recommend a 'do not pass' on House Bill 1384, a proposal affecting election of county auditors, after members and legal reviewers said existing law already covers the options the bill addresses.
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House Bill 1384, a proposal addressing the election or appointment of county auditors, received a committee recommendation of "do not pass" after committee members and legal reviewers agreed the change is unnecessary and could conflict with current statutory and home-rule procedures.
Representative Bosley moved a "do not pass" recommendation and Representative Figley seconded. Committee discussion focused on whether existing law—statutes covering combination, separation, and redesignation of county offices—already provides remedies and processes for redesignating county offices as elective or appointive.
Several members, including Representative Clamine and Representative Moshenbacher, told the committee they reviewed Chapter 11 (statutory provisions governing county offices) and concluded the current law requires public process, preliminary resolutions, analyses and protections for incumbents (for example, a plan may not shorten the term of a current elected officer). Representative Moshenbacher said changing the bill now could alter what witnesses testified about yesterday and that proponents should consider taking a revised approach in the Senate.
Representative Heilman asked for additional time to work on an amendment and said he could supply a draft by Thursday, but the Chair noted there was a motion on the floor. After discussion the clerk recorded the roll: "House Bill 1384 passes 11 yea, 1 nay." Representative Figley agreed to carry the measure.
Committee members emphasized the statute already provides a public process for redesignating offices and that any attempt to strip boards or counties of options enacted through home-rule charters would raise legal concerns.
