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5. Nuisance Animal Harvest Permitting by Towns – District 12

Committees: Government Operations; Environment

MAT Summary: This resolution proposes changes to the hunting seasons and harvest limits

for bears and turkeys because of damage caused by these animals to crops located within

townships.

Resolutions 1, 2, and 3 are not germane to the conduct of township business or any township

power or duty. Townships do not regulate hunting seasons or harvest limits. Nor are the seasons

or harvest limits directly related to any township board responsibility.

Resolution 4, however, applies to townships by giving the town board powers to issue nuisance

animal permits. The resolution says:

“Identify local units of government as authorized to issue nuisance permits, with authority

to issue these permits to anyone, (not just the landowner) to harvest and remove offending

animals that are destroying crops or livestock.”

Current Statute: Minnesota Statute 97B.655 addresses the taking of nuisance animals. The

relevant portions of the statute states:

“A person or the person’s agent may take bats, snakes, salamanders, lizards, weasel, mink,

squirrel, rabbit, hare, raccoon, bobcat, fox, opossum, muskrat, or beaver on land owned or

occupied by the person where the animal is causing damage. The person or the person’s

agent may take the animal without a license … A person or the person’s agent who kills

mink, raccoon, bobcat, fox, opossum, muskrat, or beaver under this subdivision must notify

a conservation officer or employee of the Fish and Wildlife Division within 24 hours after

the animal is killed.”

For the animals listed, the owner or a person with permission from the owner may remove the

nuisance animals on the landowner’s property. As for minks, raccoons, bobcats, foxes,

opossums, muskrats, or beavers, the landowner or their agent must notify a conservation officer

after they killed the animal within 24 hours of the killing.

Any species not listed Minn. Stat. § 97B.655, and is a protected animal as defined in Minn.

Stat. § 97A.401, cannot be taken unless the person or the agent has a permit issued by the

Commissioner of the Department of Natural Recourses or an agent of the Commissioner. The

specific protected species that are common include big game, such as deer, moose, elk, bear,

antelope, and caribou, and small game, such as game birds, gray squirrel, fox squirrel,

cottontail rabbit, snowshoe hare, jackrabbit, raccoon, lynx, bobcat, short-tailed weasel, long-

tailed weasel, wolf, red fox, gray fox, fisher, pine marten, opossum, badger, cougar, wolverine,

muskrat, mink, otter, and beaver. (Minn. Stat. § 97A.015).

Effect of this Resolution: This Resolution would provide the township or any other local

government with a new ability to issue a game permit for nuisance animals. Townships

currently have no powers to issue licenses related to game. (See Minn. Stat. Ch. 97A-97C).

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Using the current definitions of nuisance animals, the town board would be able to issue

permits for the narrow purpose of removing deer, moose, elk, bear, antelope, caribou, game

birds, wolf, fisher, pine marten, and wolverine, that are causing damage to property.

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RESOLUTION DOCUMENTATION FORM (To be attached to all submitted resolutions) Deadline to submit resolutions to MAT is September 3, 2020*

Township/County:&/' n�f" v ff - �/ ,e__a,/c_,,µ/�

Contact Person,£, .,,.__,., d/..uzd'<Y /4..lPhone & Email, cWR -,:;.s 1-.;J..;;;i//..s'A:ssp;J v-/41. a,,

County Unit Chair:£,5&JS✓12A�,d._ Phone & Email: ______ ' J _____ _

Date resolution passed county unit: � I lJ / ;;-zJ cJ--0 RESOLUTION TITLE: 72;IJ £ //l4-AI� ¾ffleAvC t/ r� /.// q,.,,nd ¥ j,J'

COMPLETE THE REQUESTED INFORMATION ON REVERSE ► ► The 5 areas of ieformation are important to the established poliry for resolutions ► ►

Attach full resolution to this form and return it to:

MAT PO Box267

St. Michael MN 55376 Fax 763-497-3361 If emailing, please include all requested information: info@mntownships.org

Name of your county unit L & R member: Phone & Email:

*One week following the last scheduled MAT District Meeting of the year.Note: County unit representative is to follow the resolution through the process. IE: L & R in Fall and Annual Conference in November, to answer questions detailing their thoughts and reasons.

For MAT Office Use Only Date Received Date Reviewed By MAT Legal Staff:

-------

Legal Staff Determination: 1} Forward To Fall L & R Subcommittee

-------

-------------2} Returned For Reason __________ _

L & R Committee Determination: 1} Forward To Board Resolutions Committee 2} Returned For Reason: _______ _

Received At MAT Board Resolutions Committee Meeting On: ------

Forward To MAT Annual Meeting Of: --------

MAT Member Vote RDF:PG 1

9/14/2020

9/14/2020 SMF

Government Ops; Environment

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Transportation Funding

BACKGROUND:

• Townships maintain approximately 39% of Minnesota’s roads (over 55,000 miles) as well as about 6,000 bridges, of which over 400 are on the deficiency list.

• Road and bridge expenditures are the largest expense for townships, at a cost of over $170 million per year.

• Current spending is insufficient to meet the increasing demand placed on township infrastructure.

• MAT is advocating for a $20 million increase.

REQUEST:

• Support immediate and long-term increased comprehensive funding that is sufficient, predicable, sustainable, dedicated (preferably constitutionally), and equitable for townships.

Annexation Equality

BACKGROUND:

• Current annexation law is unfair to townships and their residents as it allows a city to annex existing township land without agreement by the township.

• Townships should be on equal ground with a city when faced with a proposed annexation.

REQUEST:

• Support annexation by contract (also known as “orderly annexation”), which is the preferred method

805 Central Ave East · P.O. Box 267 · St. Michael, MN 55376 · MNTownships.org · (763) 497-2330 · (800) 228-0296

because it requires agreement of BOTH parties. This method is undermined when a city not party to the contract can take property that is already subject to a contract.

• Support laws to consider landowners’ wishes and allow residents a vote on whether they will be annexed.

• Townships should also be able to detach property when the property has not been developed or received additional services under a city’s annexation, and move a city parcel back to a township. Current law allows only the city or landowner to detach property.

Broadband Funding

BACKGROUND:

• Robust broadband is essential to the vitality of rural communities and many townships are currently being left behind in broadband development.

• Wireless is only part of the solution. Our members report wireless solutions continue to lack the reliability, speed, and affordability of access available to population centers.

REQUEST:

• Fund the Border-to-Border Grant Program in the amount of $70 million per biennium.

• Maintain focus on unserved areas as the top priority.

MINNESOTA ASSOCIATION OF TOWNSHIPS

2020 Legislative PrioritiesEfficient. Effective. Accountable. Accessible.

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Transportation Issues

• Provide funding to replace culverts when replacement is ordered by water authority for environmental reasons, not road purposes.

• Require a written agreement with the township before a county can revert jurisdiction of a road to a township, which increase the township’s responsibilities, liabilities, and costs.

• Restore 30 MPH speed limit option for Rural Residential Districts.

• Allow townships to place “Now Entering” signs on all state, county, and federal highways.

• Remove cost-barriers from volunteers providing senior transportation services.

Truck Weights

• Require funding adequate to build roads to a minimum 10-ton standard before approving any increase in truck weight limits or sizes.

• Restore right of way management powers related to flexible force mains used to transport animal waste.

• Seek input in the permitting process for vehicles exceeding size and weight standard

Taxes & State Aid

• Increase funding for Town Aid program to ensure full funding of the Town Aid formula.

• Hold townships harmless, dollar-for-dollar, from lost tax revenues by seeking increased, sustainable, and dedicated funding for the Payment-in-lieu-of-Taxes (PILT) program.

805 Central Ave East · P.O. Box 267 · St. Michael, MN 55376 · MNTownships.org · (763) 497-2330 · (800) 228-0296

• Develop an alternative or supplemental tax reimbursement process based on a pay-as-you-buy approach for all future State acquisition of land resulting in lost or reduced tax revenues to the township.

Environment

• Noxious weeds are a threat to the environment, destroying natural habitat. Allow townships to hold State and Counties responsible for weeds in their rights-of-way.

Government Operations/Elections

• Townships serve as local election officials and protect the integrity of elections. Allow townships to determine which four hours they will have an authorized person available to accept filings on the last day to file for office.

Mandate Relief & Cost Reductions

• Reduce costs of townships obtaining easements across state land, especially for roads sited on school trust land.

• Implement 90-day notice periods for state agency hearings, actions, or comment periods.

Miscellaneous

• Hold utilities responsible for damages they cause in or to road rights-of-way and related infrastructure including culvers and hold road authorities immune for damage to utilities whose infrastructure is improperly placed or marked.

MINNESOTA ASSOCIATION OF TOWNSHIPS

Additional PrioritiesEfficient. Effective. Accountable. Accessible.

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MAT/MATIT STATE LEGISLATIVE UPDATE June 2020

Below is a basic review of the 2020 legislative session and special legislative session, issue areas of interest to the Minnesota Association of Townships/Minnesota Association of Townships Insurance Trust (MAT/MATIT) and potential next steps for MAT/MATIT government relations advocacy at the state level. If you have questions, please let Shep Harris know at sharris@fredlaw.com or 612-492-7849.

Regular Session/Special Session Overview • 2020 Legislative Session (Part 1): a.k.a. the “Bonding Session” or “Short Session”

o Started Feb. 11 with expected finish by May 18 o Focus on policy items, bonding bill, supplemental budget items o Forecasted FY20-21 Budget Surplus grew to $1.5 Billion o Normal session process under way (eg; committee deadlines) until mid-March.

As a reminder from the previous MAT Legislative Update, the legislative session got off to a good start in February for MAT and was looking promising in early March. The state budget forecast projected a $1.5 billion surplus and we were tracking over 100+ bills for MAT including its legislative priorities: • Annexation – getting our annexation bill heard and passed out of the House and Senate local

government committees as a stand-alone bill; • Transportation – getting funding for local roads and bridges in a supplemental budget bill or

through the bonding bill; • Local Government Aid – getting additional LGA for townships; • Truck Weight Exemptions – blocking additional truck weight exemption bills from passing out of

committee and beyond; • Broadband – increasing the broadband grant funding from last year’s amount to local government; • Elections – always monitoring legislation to protect or assist townships; • Allowing local government to issue street assessment fees on development; • Requiring private property owners to pay replacement costs for flooded out culverts (instead of

townships); and

• Allowing towns to lower speed limits from 55 mph to 30 mph. MAT had already succeeded in stopping Rep. Freiberg’s HF3200, which would have required audio recordings of all open meetings by local government; including townships. We got SF3535 introduced, a bill to appropriate $8 million for township roads and bridge funding, and a verbal commitment from the House Tax Committee Chair, Rep. Paul Marquart, to hear a bill on increasing Local Government Aid (LGA) funding for townships. Then COVID hit the U.S. and the state of Minnesota…

• 2020 Legislative Session (Part 2): The COVID Session (Mid-March-May 18)

o Committee hearings temporarily halted for a month o Typical committee deadline process stopped o Adjusted Forecast FY20-21 Budget Deficit - $2.4 Billion

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o Governor/Caucus Leaders agreed on minimal agenda items (eg; a bonding bill, COVID-related legislation, anything else without opposition that didn’t add to the budget deficit)

o Final month of session dealt with many technology/distance-governing delays and difficulties with typical end of session negotiations

o Much political acrimony over Governor’s emergency powers, business closings, end of school year events

o Session ended with few major legislative items passed including township transportation funding and broadband funding.

• 2020 Special Legislative Session (June 12 – June 20) o Pre-May 25, purpose of special session was to give legislature the option to overturn

Governor’s peacetime emergency resolution and resolve outstanding major legislative items: bonding, COVID relief funding for local governments and businesses, possible tax bill, etc.

o May 25: George Floyd was killed o May 26-June 5: Governor and key state legislators pre-occupied with George Floyd

aftermath and civil unrest; unable to significantly negotiate on any outstanding items from regular legislative session

o June 8: Most negotiations start back up and include policing reforms and economic recovery from George Floyd aftermath

o June 12: Special Session starts with few items resolved, Governor’s peacetime emergency is not overturned and goes for another 30 days (until July 13)

o Special Session finished on July 20 without agreement on major issues – including any MAT/MATIT issues of interest (see below) -- except for COVID small business funding relief

o Governor expected to call another special session to address outstanding issues (eg; bonding, any additional COVID relief, policing reforms, etc.)

o Speculation that these on and off special sessions could go rest of summer.

Special Session Bill/Post-Session Activity

• NOT PASSED: Transportation Funding o Senate bonding bill (SF4) included $8 million in one-time funding to help upgrade town

roads to 10-ton capacity. o SF4 not voted on by the Senate. o MAT is continuing to work behind the scenes with legislators for town road funding to be

included in the bonding bill for next special session.

• NOT PASSED: Broadband Funding (SF6/HF35) o Broadband proposal altered during Special Session. SF6 still included $15 million for

education distance learning and $2 million for telehealth. o New portion included $10 million supplemental broadband “Challenge” grant to unserved

and underserved areas for “last-mile” and “middle-mile” infrastructure costs. o SF6 passed the Senate but it and its House companion (HF35) were not passed by the

House. o MAT is continuing to work as part of the broadband coalition to “line up” this bill for

passage in the next special legislative session.

• NOT PASSED: Workers’ Compensation (HF94) 29

o The Workers’ Compensation Advisory Council (WCAC) bill was introduced but without any proposal to address payments to local governments for COVID claims.

o HF94 had no Senate companion bill and was not passed. o To avoid large cost burdens on local government (eg; towns, counties, cities), MAT had

helped organize a coalition of local governments and self-insured entities to negotiate with the insurance and business sectors, legislators and the Walz Administration.

o Efforts were made in the final days and weeks of the regular legislative session to pass legislation.

o Efforts by stakeholders to cover local government COVID claims payments was shifted over to the COVID local government bill.

o MAT will continue to monitor the WCAC bill in the next special legislative session to protect townships from any liabilities.

• NOT PASSED: COVID Local Government Funding (Part 1) o Governor and legislators agreed to plan to distribute $853 million in federal CARES Act

funding to Minnesota communities impacted by the COVID-19 pandemic. Local governments can use the funding to reimburse themselves for COVID-related support services like workers’ compensation claims, overtime public safety costs and grants to businesses, hospitals, and individuals impacted by the pandemic.

o SF47 was passed by the Senate, amended in the House and passed. However, the Senate did not agree to House amendments and SF47 (amended version) did not have final agreement.

• SUCCESS - COVID Local Government Funding (Part 2) o After the Special Legislative Session ended, House Republican Leader Kurt Daudt and

Rep. Garofalo called for Gov. Walz to distribute CARES Act funding based on legislative agreement (see above in Part 1).

o On June 25, Gov. Walz announced the release of the federal CARES Act funding to local governments based on the special legislative session agreement. Funding is based on a per capita formula developed by lawmakers. Counties with a population of less than 500,000 will receive $121.28 per person Townships with a population over 5,000 will receive $75.34 per person Townships with a population less than 4,999 will receive $25 per person Townships with a population under 200 will have their distribution sent to their

county. The specific aid amounts for each township, based on 2018 population, can be

found at https://www.revenue.state.mn.us/sites/default/files/2020-06/LGD_Town_Runs_2020_06_25.pdf.

o Before receiving funding, local governments will have to certify how they intend to use the money, as the CARES Act requires payments only to be used to cover necessary costs related to the pandemic that weren't account for in budgets.

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2020 Bills that Become Law Affecting Townships

Bills Affected Statutes Authors Bill Summary Status

HF 3980 SF 4334

Found in Minn. Laws 2020, Chapter 70, Article 2, Section 1, subd. 7

Rep. Liebling Sen. Benson

Local governments may be directed by the public health commissioner to establish and operate temporary testing for COVID-19. These requirements expire June 30, 2022. Unlikely to affect towns.

Signed by the governor on 3/17/2020 (Chapter 70).

HF 4531 SF 4451

Modifies Minn. Stat. § 116J.18, subd. 9

Rep. Winkler Sen. Gazelka

If the town has uncomitted money received from the repayment of funds awarded under Minnesota Statutes § 116J.18, subd. 9 (Minnesota Investment Fund), they may use those funds to issue loans to certain business, until the end of the fiscal year of 2020.

Signed by the governor on 3/28/2020 (Chapter 71).

HF 4537 SF 4458

Modifies Minn. Stat. § 176.011, subd. 15

Rep. Wolgamott Sen. Howe

Expands the definition of occupational disease under worker's compensation to include contracting COVID-19 if the disease was contracted during the course of employment, so long as the employee was a firefighter, paremdic, or health care worker.

Signed by the governor on 4/7/2020 (Chapter 72).

HF 4556 SF 4462

Modifies Minn. Stat. § 13D.02

Rep. Winkler Sen. Gazelka

Changes to the requirements of conducting meetings through interactive TV, under Minnesota Statutes § 13D.02. Changes include: 1. conducting all votes through roll call; and 2. May meet in a place not accessible to the public up to three times in a calendar year if recommended by a health care professional. This clause only applies during a Minn. Stat. Ch. 12 emergency and up to 60 days after the end of that emergency.

Signed by the governor on 4/15/2020 (Chapter 74).

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HF 3429 SF 3494

Modifies Minn. Stat. § 204B.16, subd. 1

Rep. Nelson, M. Sen. Kiffmeyer

Changes certain election deadlines for 2020. Polling places for 2020 elections and primaries be designated by July 1st, rather than the standard December 31st of the previous year. Also extends the processing time for absentee ballots for upto two days after the election.

Signed by the governor on 5/12/2020 (Chapter 77).

HF 331 SF 464

Modifies Minn. Stat. § 171.171

Rep. Edelson Sen. Chamberlain

Changes to tobacco age requirements. Tobacco may only be sold to people 21 years or older.

Signed by the governor on 5/15/2020 (Chapter 88).

HF 4605 SF 4525

Found in Minn. Laws 2020, Chapter 92, Section 1.

Rep. Freiberg Sen. Kiffmeyer

Documents requiring signatures may be submitted by, electronic means, mail, or facsimile for:

—Documents related to planning and zoning applications and permits under Minn. Stat. Ch. § 394 and 462;—Land use documents under Minn. Stat. Ch. §505; and—Recording a notary commission under Minn.Stat. § 359.061.

This section expires either January 6, 2021, or 60 days after the peacetime health emergency is terminated, whichever is earlier.

Signed by the governor on 5/15/2020 (Chapter 92).

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HF 462 SF 1014

Modifies Minn. Stat. § 160.05, subd. 1.

Rep. Hornstein Sen. Newman

Sec. 1: Prior to any work or conduct on a private road, the road authority must notify the owner of the road of the intent to make repairs or conduct work on the private road.

Sec. 29: The road and bridge fund tax money collected from unorganized townships in Aitkin County need not be set apart in separate funds for each township.

Signed by the governor on 5/18/2020 (Chapter 100).

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