County supports repeal of state mandates

By MaryHelen Swanson
Last week the Chisago County commissioners agreed to the ideas embedded in a proposal that, according to Association of Minnesota Counties (AMC) president Gene Short, ìwould bring the most significant restructuring of county government since the creation of counties in Minnesota.î
In a letter to the county board, Short explained the importance of Minnesota counties seeking reform as the 2003 Minnesota Legislature session begins.
Short pointed to the looming $4.5 billion deficit with another $1billion added to that for inflation.
Noting that the stateís shortfall is ìunprecedented in Minnesotaís historyî he said it could get even worse, depending on world affairs.
Short said counties could face ìdraconian cuts in aids, increases of maintenance of efforts and additional new state mandates.î
Short pointed to the fact there are 5,500 statutory references to counties and more than 1,200 references to municipalities in the stateís statute books that affect county government.
He said the frequency of references illustrates the high level of micromanagement of county policies by the state. ìCurrent economics simply do not allow for business as usual,î said Short.
He added, ìthe state and counties need to develop a new mindset in order to address the unfolding budget drama.î
For these reasons, Short asked that the counties (there are 87 in Minnesota) adopt the Minnesota County Restructure Act of 2003 which has three sections:
1) Counties may provide those services that contribute to the health, safety, welfare and economic well being of the county. Counties may provide services unless directly prohibited by the state;
2) All mandates, maintenance of efforts, rules requiring the delivery of services and reporting requirements excluding those rules and mandates that originate or access federal monies are repealed;
3) Counties shall have immunity stemming from all lawsuits for failure to provide non-mandated services.
County Administrator James Thoreen reminded the commissioners that there was no bill yet, just a concept and that is what the board would be supporting.
Short had indicated in his letter that there was support from House and Senate leadership for the AMC proposal, but that they wanted to see if there was broad support from the counties. Thatís why he was asking the counties to approve the restructuring concept at their organizational meetings Jan. 7
Short also noted that if the AMC Legislative Steering Committee and AMC Board of Directors decide to adopt the proposal, AMC would have legislation introduced at the capitol on Jan. 22 or 23.
Short also noted in his letter to the commissioners that rather than providing lists of mandates to be repealed, the legislative debate on this proposed legislation would focus on determining what are core county services and needed mandates and who should pay for what.
Commissioner Montzka, who opposed the motion last week to support this concept, said he was concerned about item number one.

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