General Government Policy Committee MCIT Building 100 Empire Drive St. Paul, Minnesota Thursday, September 16, :00 a.m. 4:00 p.m.

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1 General Government Policy Committee MCIT Building 100 Empire Drive St. Paul, Minnesota Thursday, September 16, :00 a.m. 4:00 p.m. Thursday ** Please note that the General Government Policy Committee and Human Services Policy Committee met in joint session for the morning. Commissioner Haigh called the joint meeting of Human Services Policy Committee and General Government Policy Committee to order at 10:08 a.m. Bob Fenwick introduced himself as Chair of General Government Committee. Commissioner Haigh announced that the first part of today s meeting would be a joint meeting with General Government Policy Committee, with discussion on county tobacco bans and possible legislative positions regarding a statewide ban and preemption of local ordinances. Shared Discussion forum with general Government Policy Committee Tobacco Bans in Minnesota: what role for counties? Chair Haigh gave a special introduction of Jean Michaels, former Olmsted County Commissioner. Jean spoke to the Committee about the Rochester experience to pass a ban on tobacco use in bars and restaurants in She noted the county exercised its authority as a board of health, a status shared by all counties in Minnesota. Olmsted s ordinance prohibits smoking in restaurants but allowed it in establishments that have 50 percent of profits from alcohol sales. This was passed in September 2001 and has been in effect ever since. She compared the tobacco ban issue with the controversy over a century earlier surrounding pasteurization of milk, which Olmsted Public Health Department initiated because of the concern of tuberculosis in the milk supply. She also noted that there was no negative economic result of the tobacco ban. Jean hopes that Olmsted will take further steps to strengthen its tobacco ordinance next year. She noted that we know so much more now about the dangers of secondhand smoke, especially for workers who have few other employment options.

2 Commission Nancy Schouweiler spoke on the Dakota County experience. She reported that in May of 2002, the County Board passed a resolution recognizing that they had a role in the tobacco ban issue because they are responsible for public health (as a board of health/community health board). They eventually decided, however, that this issue should be addressed statewide. In the meantime, Bloomington, Minneapolis, and Hennepin County all passed ordinances. They also looked at the feasibility of a metrowide ordinance but decided not to address it at this time. Citizens continue to ask if they were going to address this issue in favor of a ban, not realizing that they had already passed a resolution. The board recently re-affirmed their previous resolution 5-2. Chair Schouweiler commented that people don t see this as the public health issue that it is and are very concerned about the economics of their community. A uniform ordinance is better than a patchwork approach, she suggested. However, the state has not demonstrated leadership on this issue. Chair Haigh referenced the ordinance that Ramsey County passed last Tuesday. The action banned smoking in restaurants on a unanimous vote. Establishments with 50% or more of sales in alcohol can apply for an exemption. The ordinance will take effect March 31. Chair Haigh noted that she did have concerns about jurisdictions with exempt and non-exempt ordinances being close to each other and the confusion this creates among the public. Ramsey County has a lot of hospitality business, and this continues to be a concern. Before they took their vote, the American Cancer Society conducted a poll, which showed phenomenal support for a complete smoking ban. When asked if they would continue to go to bars and restaurants as usual in the event of a ban being passed, most respondents indicated that they would. She noted that the hospitality industry testified in favor of the ban, and she indicated that she hoped they would not oppose a statewide ban in the legislature next year. Chair Haigh noted that a concern for this Committee is the possible legislative action that would preempt county authority to pass ordinances, and she asked that committee consider this in today s discussion. Key points of discussion were: Commissioner Dave McCauley said that Anoka County has been encouraging restaurants to go smoke free voluntarily. The Anoka County Public Health Department has encouraged local units of governments to set up non-smoking venues. They are watching what is happening in other parts of the metro area and are looking at the smoke-free process in order to move forward with this issue in the coming year. Commissioner Bob Fenwick spoke from a rural county aspect where tourism is an important economic base. Cook County has several smoke free restaurants (and also cellular free!). However, establishments in his area seem to prefer to have the government take a position so they can tell their customers that the government has mandated the no smoking ban. He said the question that was discussed in the General Government group was, How do you feel about your counties implementing a smoking ban? But we will also need to know what AMC s position is when a

3 statewide ban is proposed in the legislature next session. Susan and Patricia noted that a position does not have to be taken today, but AMC staff will be asked by the legislature about county position on this issue. Commissioner Peg Sweeney commented on the fact that Duluth has a ban and has a level of frustration with the communities around it not having a ban. If anything should be done, it should be done at the state level. Commissioner David Benson spoke to the perspective of changing social norms, as well as the health of bar and restaurant workers and how this affects health care costs. He noted that such workers don t really have a choice about their exposure, they have four times the cancer incidents and they are not offered good health care. Jeff Minor asked if Olmsted County had data on how many establishments fell under the exemption due to over 50% of sales from liquor. Mary Wellik, Olmsted County Public Health, distributed a handout on Olmsted s ordinance that addressed this question. Commissioner Dave Norgaard commented on how much like feedlot discussions this sounds! He asked the group to consider that we may be setting a precedent if we allow the state to impose a statewide smoking ban on a controversial issue so that we, as counties, do not have to address. This could set a precedent for other issues such as feedlots, zoning issues, etc. Dave McCauley observed that Minnesota led the nation in the Clean Indoor Air Act, which separated smokers from non-smokers. He reminded members that the airline industries used to give out free cigarettes on flights. People used to keep ashtrays in their homes for smoking friends and you seldom see this anymore. People go outside of their homes to smoke these days. The point is, this is the time to move forward with this issue. Nancy Schouweiler reminded the group that the legislature had cut the statewide tobacco endowments two years earlier. The least the State could do is to support a statewide ban. Commissioner Don Olson, Rice County, commented that the city of Faribault had considered a ban a few years that also considered outdoor areas. It didn t pass, but the public began to put up many no smoking signs after the discussion. Commissioner Jerry Peterson commented that he estimated that most people in the room did not smoke. He suggested that smoke-free establishments would evolve without government having to regulate it. He suggested this issue raises the question of where the public safety discussion stops, and in how much of this should counties be involved? Chair Haigh asked the group to consider the preemption question. What should AMC s position be on allowing counties to adopt a local ordinance? The room was overwhelmingly in favor of continuing to allow counties to adopt ordinances. Heather Robbins stressed that even with a statewide ban, counties could be more restrictive. Peg

4 Sweeney asked if we could go on record noting that if the state legislature deals with this issue, they should deal with other critical issues as well. The joint session ended at 11:10 a.m. and the General Government Policy Committee reconvened at 11:20 a.m. Charles Guggisberg moved to approve the GGPC minutes from August 5, Tom Warmka seconded the motion that the committee unanimously approved. Chairman Fenwick had the members of the committee introduce themselves and state their counties preliminary levy as well as how their county will budget for County Program Aid. The committee then began to consider Section VII Public Safety and Corrections of the AMC Position Statements document. Curt Yoakum, AMC Policy Analyst, explained that the AMC Executive Committee approved the creation of a public safety task force that would explore these issues in depth. The GGPC was nonetheless going to consider several revisions. Before lunch the committee debated the CRIMNET provision and what should be the most accurate wording. After breaking for lunch and reconvening, the committee adopted the following language: 1. AMC supports ongoing development of the state Criminal Justice Information System with full financial resources for the development to be provided by the state. Curt Yoakum is to provide the committee members with background information on the CRIMNET program. Since the state already passed such legislation, the committee then deleted: F. Felony DWI/.08 alcohol level AMC supports legislation lowering the blood alcohol level to.08 if it includes state funding for increased costs at the local level. The committee then approved: 3. AMC supports legislation that clarifies and extends authority similar to that found in subdivision 1 of Minnesota Statute granting that the Commissioner of Corrections may establish and operate community correctional programs or contract with existing public and private agencies for the custody and care of inmates. The committee then approved with no opposition: K. PUBLIC DEFENDER 1. AMC supports full state funding of the public defender program.

5 2. AMC supports continuation of state funding for public defender representation in CHILDREN IN NEED OF PROTECTIVE SERVICES (CHIPS) proceedings. Kathleen Gaylord then moved approval of Section VII. Ray Bayerl seconded the motion and the committee approved. Curt Yoakum did a PowerPoint presentation on Referendum, Initiative and Recall for the committee members. After the presentation, the Committee considered Section VIII Taxes and Finance. The committee first considered and changed part D by deleting obsolete language and adding: D. COUNTY PROGRAM AID 1, AMC supports the preservation of scheduled 2005 County Program Aid 2. AMC supports passage of legislation that automatically adjusts County Program Aid for inflation similar to the former HACA program 3. AMC supports establishing Calendar Year 2004 Property tax relief aid levels as a base for future County Program Aid. The committee then accepted the following additions: J. INITIATIVE, REFERENDUM AND RECALL 1. AMC opposes constitutional and statutory changes that undermine the tenets of a representative democracy as described in the constitution. K. TAX AND EXPENDITURE LIMITATION AMENDMENTS 1. AMC opposes any constitutional amendments that set artificial revenue and spending caps on state and local governments. The committee debated the following motions but Chairman Fenwick decided that more information was needed before GGPC members could make an informed decision. The Chairman directed Curt Yoakum to provide the members more information at the annual conference. L. TRUTH-IN-TAXATION 1. AMC supports changes to the Truth-in-Taxation publication requirements which would allow counties to more effectively and efficiently use technology. ***will clarify at annual conference*** M. INDIAN GAMING 1. AMC supports county representation in any negotiations between the State of Minnesota and Minnesota Indian Tribes. Ray Bayerl moved to accept Section VIII as amended and Warren Strandell seconded the motion. The committee voted to approve. The committee then examined section III General Government. The committee first agreed to delete the provisions asking for authority to use the design-build project development. The committee felt the provision was no longer needed.

6 The committee then had an extensive debate over the appropriateness of the following provision already in the Policy Statements document: 5. AMC supports legislation that would allow a county board to fill a vacancy on a county board, caused by death, until the next regularly scheduled general election. The appointee would not be allowed to run as an incumbent. The debate surrounded whether this was democratic, if it should have a time period written in, and whether or not the incumbent provision was even enforceable. The committee took a vote on retaining the provision and the committee decided 14-5 to keep it. The Chairman asked Curt Yoakum to bring the current statutes regarding this issue to the annual conference. The committee decided to retain the language regarding drivers exam stations. The committee then added: G. ELECTION ADMINISTRATION 1. AMC supports the use of the federal Help America Vote Act appropriations for the purchase, maintenance, operation, and storage of the assisted voting technology machines required in each polling place by the 2006 elections. The remaining federal funds should be allocated to the counties on a per polling place formula for the purchase or replacement of precinct-based or central count optical scan voting machines. AMC does not support a state mandate that requires the use of a precinct-based machine in every polling location. The committee then added the following provision under part C: 6. AMC supports renewal of the authority for continued development and promulgation of Electronic Real Estate Recording (ERER) procedures and technology. In response to the PERA Executive Director s presentation at the August GGPC meeting, the committee added the following language to the platform: 2. AMC supports an equitable solution to the current PERA shortfall that does not rely solely on employer contribution increases. Any increases should be phased-in. The committee considered but set aside until more information was available a request from Hennepin County. It will be reconsidered at the annual conference. The set aside language reads: AMC supports authorization to match employer contributions to the State Deferred Compensation Plan by increasing and/or indexing the current $2,000 annual maximum

7 The committee then deleted the following provisions due to the enactment of beneficial legislation during the previous legislative session: PROCUREMENT REFORM 1. AMC supports procurement reform by changing the state s competitive bidding statutes to allow counties to use on-line reverse auctions to purchase supplies, materials and equipment. 2. AMC supports allowing counties the flexibility to solicit and accept bids electronically by amending M.S to authorize counties to work with a variety of formats, such as traditional printed documents and electronic documents. 3. AMC supports increasing the threshold for triggering the formal competitive bidding process and using a single threshold for all counties. O. PAYROLL SYSTEMS 1. AMC supports that counties may require direct deposit for all employees who are being paid by the county payroll system. Steve Pierce then moved the following platform language: O. STATE GOVERNMENT 1. AMC supports amending Minnesota s Constitution so that State Representatives terms are adjusted from a two-year term to a four-year term and that one-half of the Senate and House will stand for election each election cycle. Jim Kordiak raised the question for discussion that regardless of the merits of the proposal, is it really appropriate for AMC as an organization to take a stance on such an issue. The committee debated the proposal and then voted 14-7 to accept the provision. Kathleen Gaylord requested that the committee add the following language to the 911 funding portion of the platform: 1. AMC supports an increase in 911 fees to alleviate deficiencies in funding for Public Safety Answering Points (PSAPs). Charles Guggisberg questioned whether that was the best way to solve the problem. He requested information as to the distribution of current telephone fees. Others stated that was a concern and wanted more information. Several members stated that despite these concerns, there was still a desperate funding shortage of PSAP s. The committee voted 14-7 to include the language. Jim Kordiak motioned that the GGPC accept Section III General Government as amended by the committee. Tom Novak seconded the motion and the committee approved. Ray Bayerl motioned to adjourn the meeting and Duane Grandy seconded the motion. The committee approved and the GGPC adjourned at 3:35 p.m.