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Issue 5 - February 18, 2003 (updated 021903)

Names in parentheses indicate sponsor and cosponsor. To leave messages for legislators dial toll-free 1-888-635-3447 or 328-3373 in the Bismarck-Mandan area. Bill information can be accessed at the Legislative Council's web page at discovernd.com/lr.

House of Representatives
The House Natural Resources Committee (HNRC) meets Thursdays and Fridays in the Pioneer Room. Members: Jon O. Nelson, Chairman; Todd Porter, Vice Chairman; Byron Clark, Duane DeKrey, Dave Drovdal, Lyle Hanson, Robert Hunskor, Dennis Johnson, George Keiser, Scot Kelsh, Frank Klein, Mike Norland, Darrell D. Nottestad, Dorvan Solberg.

HB 1048 - (Introduced by legislative council's judiciary B committee) - Would require a hunting guide or outfitter to pass a written exam pertaining to state and federal laws on the hunting of wild game. Failed house 42-50.

HB 1049 - (Introduced by legislative council's judiciary B committee) - Would amend the North Dakota Century Code relating to the powers of the game and fish director with respect to guides and outfitters. If the director requests trade secret or proprietary information, the information will be provided on a separate form and will be deemed confidential and is not public record. Passed house 90-2. Bill in senate natural resources committee.

HB 1050 - (Introduced by legislative council's judiciary B committee) - Would establish guides and outfitters with a new licensing and fee structure, penalties, and an effective date. HNRC made a number of amendments. Passed house 74-19.

HB 1092 - (Introduced by industry, business and labor committee at the request of the attorney general) - Would amend the North Dakota Century Code making an applicant's social security number confidential for any game and fish license or permit. Passed house 92-0. Bill in senate industry, business and labor committee.

HB 1122 - (Representative Keiser) - Would make two mule deer licenses available to the mule deer foundation for a raffle and auction. HNRC amended to make one license available for either a raffle or auction. Passed house 86-3 as amended. Bill in senate natural resources committee.

HB 1216 - (Introduced by Rep's Drovdal, Kempenich, Nottestad; Sen's Urlacher, Wardner) - Would amend the North Dakota Century Code increasing the coverage of bonded agents appointed to distribute hunting and fishing licenses from $5,000 to $15,000 per agent per year. HNRC amended to make the annual premium $10 for each $5,000 of coverage; and the amount of coverage can be $5,000, $10,000, or $15,000. Passed house 85-8. Bill in senate natural resources committee.

HB 1223 - (Introduced by Representative Porter and Sen's Cook, Trenbeath) - Would open pheasant season on the Saturday immediately following the opening of the duck season; and would prohibit a nonresident from hunting for the first seven days of the pheasant season on land owned or private land enrolled by the department for the purposes of hunting or on land for which the department pays in lieu of tax payments. HNRC amended so the pheasant season opens no earlier than the first Saturday in October. Passed house 73-20. Bill in senate natural resources committee.

HB 1224 - (Introduced by Rep's Porter, Bernstein, Drovdal, Herbel; Senator Tollefson) - Would amend the North Dakota Century Code to allow only floating crafts powered by an electric motor or battery to be used to take or retrieve ducks or geese. Motorized boats other than those powered by an electric motor or battery would not be able to be used. HNRC amended to carry out a program that targets waterfowl resting areas within the private lands initiative program which includes payments to private landowners for lease of waterfowl resting areas on private lands that during the term of the lease provides limited public access for the hunting of waterfowl. Passed house 93-0. Bill in senate.

HB 1307 - (Introduced by Rep's Nelson, Boe, D. Johnson; Sen's Every, Traynor) - Would amend the North Dakota Century Code to entitle nonresidents to hunt waterfowl statewide for one of two consecutive 10-day periods in the first 20 days of the season or a period anytime after the 20th day of the season. However, no more than 10,000 licenses would be issued for either of the two 10-day periods in the first 20 days of the season and the number of licenses for the period after the 20th day would not be limited. HNRC amended to one of three consecutive 10-day periods in the first 30 days of the season or a period anytime after the 30th day. A license authorizing a 10-day hunting period allows hunting in a specific zone. A nonresident would not have to buy a second license on or after the 31st day. Failed house 39-54.

HB 1311 - (Introduced by Rep's Weisz, DeKrey; Senator Erbele) - Would amend the North Dakota Century Code to provide nonresidents with one-half of the deer gun licenses if the governor authorizes more than 90,000 licenses. The fees from the sale of these nonresident licenses would be used to carry out a private land access improvement program by providing cash payments to landowners to encourage landowners to provide hunting access. Failed house 8-82.

HB 1343 - (Introduced by Rep's Hanson, Porter; Senator Fischer) - Would amend the North Dakota Century Code to establish a civil penalty for the illegal taking of bighorn sheep, elk, or moose. HNRC amended to remove the statement relating to the replacement value of an animal less than one year of age is reduced by 50 percent. Passed house 86-7. Bill in senate natural resources committee.

HB 1347 - (Introduced by Rep's Boehning, Iverson, Porter; Sen's Brown, J. Lee, Syverson) - Would prohibit the board of animal health from requiring importation permits or certificates of health for dogs entering the state. Nothing precludes the board of animal health from requiring that adult dogs have current rabies, distemper, and parvovirus vaccinations, and that puppies have age-appropriate vaccinations against those diseases. House Agriculture Committee reported back 12-0 do-not-pass.

HB 1358 - (Introduced by Rep's Porter, Carlson, Hanson, Nelson; Sen's Fischer, Tollefson) - Would amend the North Dakota Century Code relating to nonresident hunting and fishing licenses and fees. The nonresident small game license would entitle a nonresident to hunt small game for any period of 10 consecutive days or any two periods of five consecutive days each. A nonresident would be allowed to purchase more than one nonresident small game license per year. A nonresident small game license would not be required to hunt waterfowl. A nonresident small game license would cost $100 and a nonresident waterfowl license would cost $100. Nonresident fishing licenses would increase to $32 for a season license, $20 for a seven day license, $15 for a three day license, and $45 for a husband and wife. HNRC amended to make the small game license fee $85 and the waterfowl license fee $85. Reported back 14-0 do-pass. Referred to appropriations. Reported back 16-7 do-pass.

HB 1365 - (Introduced by Rep's Bernstein, Aarsvold) - Would allow party hunting for deer with a hunting group of not more than five individuals. Failed house 26-66.

HB 1380 - (Introduced by Rep's Monson, Froelich, D. Johnson, Nelson; Senator Fischer) - Would amend the North Dakota Century Code making a gratis deer tag valid for the deer bow, deer gun, and muzzleloader season until filled. Passed house 93-0. Bill in senate natural resources committee.

HB 1391 - (Introduced by Rep's DeKrey, Weisz) - Would amend the North Dakota Century Code increasing a resident big game hunting license to $25 and increase a youth big game license to $15. A nonresident big game hunting license would increase to $160. This bill would also have a coupon included in each deer hunting license. A license holder or a landowner on whose land a deer is taken or killed who submits a coupon to the department by February 1 following the close of the deer hunting season would be entitled to receive $5. HNRC amended to eliminate the coupon. Passed house 76-17 as amended. Bill in senate natural resources committee.

HB 1440 - (Introduced by Rep's Amerman, Gulleson) - Would instruct the director to offer to lease land enrolled in the federal conservation reserve program from landowners for game and fish purposes. Landowners must apply biennially and the lease agreement must be for a two-year term; lands must be posted by the landowner as open to hunting with uniform signage provided by the department; the director shall select land to be leased on a geographical basis and shall rotate leases to that all applicants applying are selected before a landowner may reapply; and annual rental consideration must be $3 per acre. There would be appropriated out of any moneys in the game and fish fund $1.5 million for this program for the biennium beginning July 1, 2003, and ending June 30, 2005. Failed house 10-80.

HB 1448 - (Introduced by Rep's Nelson, DeKrey, Froelich, Solberg; Sen's Erbele, Nichols) - Would require a nonresident to include on the application a legal description of the land on which the applicant intends to hunt, and, upon request, an applicant shall provide proof that the applicant has permission to hunt on the land described on the application. This bill also would prohibit the governor from limiting the number of nonresident hunting licenses for any open season. Failed house 3-90.

HB 1453 - (Introduced by Rep's Sandvig, DeKrey, Hanson; Senator O'Connell) - Would require a game and fish violator to successfully complete a hunter safety course before that person can receive another license. Failed house 0-93.

HB 1465 - (Introduced by Rep's Drovdal, DeKrey, Kerzman; Senator Nichols) - Would amend the North Dakota Century Code making the game and fish advisory board a game and fish commission. The commission would be able to develop any policy regarding hunting, fishing and trapping regulations, and would be able to make general recommendations concerning the operation of the department and its programs that the director would have to carry out. Failed house 6-86.

HB 1501 - (Introduced by Rep's F. Klein, Carlson; Sen's Urlacher, Wardner) - Would amend the North Dakota Century Code allowing persons to hunt within 440 yards of an occupied building, without the occupant's consent, while hunting on public land, land leased by the department, land enrolled by the department for the purpose of hunting, or on land for which the department makes in lieu of tax payments. It would also prohibit private landowners from hunting on their own land if the land was within 440 yards of a neighbor's occupied building. Failed house 3-90.

Senate
The Senate Natural Resources Committee (SNRC) meets Thursdays and Fridays in the Ft. Lincoln Room. Members: Tom Fischer, Chairman; Ben Tollefson, Vice Chairman; Michael Every, Layton Freborg, Joel C. Heitkamp, Stanley W. Lyson, John T. Traynor.

SB 2019 - (Introduced by appropriations committee at the request of the governor) - Appropriates $39,759,673 for the game and fish department for the biennium beginning July 1, 2003, and ending June 30, 2005. Senate Appropriations Committee made minor amendments, increasing the total appropriation to $40,218,403. Reported back 14-0 do-pass.

SB 2048 - (Introduced by legislative council's judiciary B committee) - Would amend the North Dakota Century Code to allow for the number of nonresident waterfowl hunting licenses to be determined based on total hunting pressure. SNRC amended to allow the governor a 25 percent variation from the concept; and duck hunting would only be allowed in the morning for the first two weeks. Senate amended on the floor and pulled off the half-day duck hunting portion of the bill. Passed senate 26-20.

SB 2187 - (Introduced by Sen's Krauter, Heitkamp; Representative Kerzman) - Would amend the North Dakota Century Code increasing the coverage of bonded agents appointed to distribute hunting and fishing licenses from $5,000 to $15,000 per agent per year. SNRC amended to change the annual premium for a bond of an agent from $10 to $30. Passed senate 45-2. Bill in house natural resources committee.

SB 2215 - (Introduced by Sen's Wardner, Fischer; Rep's Hanson, F. Klein) - Would amend the North Dakota Century Code relating to moose and elk hunting license raffles. The game warden association would transfer their one moose raffle license to the rocky mountain elk foundation. Fifty percent of all net proceeds of the moose raffle would have to be remitted to the department and used for elk management, and all remaining net proceeds must be used for construction and maintenance of the North American wildlife enforcement officers association game warden museum located at the international peace garden. The rocky mountain elk foundation also currently has one elk license available for raffle to residents only. This bill would open the elk raffle to both residents and nonresidents. Passed senate 43-0.

SB 2227 - (Introduced by Sen's Every, Andrist, Fischer; Representative Nelson) - Would amend the North Dakota Century Code to allow all nonresident youth hunters less than 16 years of age to purchase a license to hunt small game and waterfowl, except swans and wild turkeys, at the same price as a resident youth hunter. Currently the law states only nonresidents less than 16 years old can purchase this license if the state where the nonresident youth is from provides a reciprocal license to a North Dakota youth. Passed senate 44-1. Bill in house.

SB 2230 - (Introduced by Sen's Erbele, Fischer, Taylor; Rep's DeKrey, Headland, Kerzman) - Would amend the North Dakota Century Code relating to gratis deer hunting licenses. Upon paying the fee requirement for a resident or nonresident deer license an individual who is eligible for a gratis license could transfer the license to another individual. Proceeds of the fees paid by gratis license holders would have to be placed in the private land habitat and access improvement fund and used to promote hunting access. Failed senate 3-39.

SB 2236 - (Introduced by Sen's Nichols, Traynor, Tollefson; Rep's Hunskor, Kempenich, Nelson) - Would amend the North Dakota Century Code allowing individuals who obtain a license to hunt antlered white-tailed deer during the regular deer gun season to submit that license to the director and exchange it for a muzzleloader antlered white-tailed deer license to use during the muzzleloader season in the unit for which the regular deer gun license was valid. Failed senate 15-31.

SB 2237 - (Introduced by Sen's Heitkamp, G. Lee; Rep's Amerman, Carlson, R. Kelsch, Nelson) - Would amend the North Dakota Century Code relating to the power of the game and fish director to issue special crossbow hunting permits. Eligibility would include an individual who is blind or who has a physical disability certified by a physician. SNRC amended to remove the physical disability certified by a physician portion of the bill. Passed senate 46-0. Bill in house.

SB 2242 - (Introduced by Sen's Heitkamp, Espegard, Fischer; Rep's Amerman, Gulleson, Nelson) - Would create a new section to chapter 20.1-04 of the North Dakota Century Code for the governor to provide by proclamation for a spring season to hunt Canada geese. SNRC amended to eliminate consideration of a spring Canada goose season; and hunting by nonresidents during the early September Canada goose season would not count against their 14 day period. Passed senate 45-0. Bill in house.

SB 2273 - (Introduced by Sen's Dever, Fischer; Rep's Carlisle, Meier, Porter) - Would require the director to designate six lakes in the state as trout lakes. The lakes must be geographically dispersed throughout the state; be stocked periodically; have a daily limit of one trout; and be restricted to artificial bait at all times. Failed senate 0-43.

SB 2279 - (Introduced by Sen's Fischer, Dever, Heitkamp; Rep's Hanson, Koppelman, Nelson) - Would require the department to periodically conduct a random survey of all resident big game hunters and private landowners. The survey must be designed to determine the best options for relocating wild elk from Theodore Roosevelt national park to other suitable areas within the state. The department would have to create, implement, and administer the wild elk relocation program. Failed senate 11-32.

SB 2322 - (Introduced by Sen's Nelson, Andrist, Christenson, Every; Rep's Ekstrom, Nelson) - Would amend the North Dakota Century Code allowing a nonresident full-time college student who is a resident of a state that is a member of the midwest student exchange program or the western undergraduate exchange program to purchase a resident license. This bill involves students from 20 surrounding states. Passed senate 38-7.

SB 2323 - (Introduced by Sen's Traynor, Freborg, Heitkamp; Rep's Nelson, Pollert) - Would allow the governor, through proclamation or executive order, to restrict the importation and disposition of the carcass or carcass parts of any animal in the family cervidae taken from any areas within states or provinces that have documented cases of chronic wasting disease. Would also allow the governor to declare an animal health emergency upon determining that the wildlife, domestic animals, or nontraditional livestock of this state are at risk from diseases imported by foreign animals, a foreign animal disease, bioterrorism event, or an emerging animal disease. Upon the declaration of an animal health emergency, the governor may order the sampling, destruction, and disposition of wildlife, domestic animal, and nontraditional livestock populations, as the governor deems necessary to abate the animal health emergency. Passed senate 43-0. Emergency clause carried. Bill in house agriculture committee.

SB 2353 - (Introduced by Sen's Fischer, Grindberg; Representative Hawken) - Would amend the North Dakota Century Code to designate a shareholder or member of a farming or ranching corporation or farming or ranching limited liability company that holds title to 160 acres of land to receive a gratis deer license. Failed senate 1-45.

SB 2363 - (Introduced by Sen's Erbele, Heitkamp, Thane; Rep's Froelich, Gulleson, Weisz) - Would amend the North Dakota Century Code to allow a nonresident to purchase a deer gun license after the second deer lottery at a license fee of $50 instead of $155. SNRC amended to make the license fee $100 after the second lottery. Passed senate 44-2. Bill in house.

SB 2382 - (Introduced by Sen's Thane, Robinson; Representative Williams) - Would amend the North Dakota Century Code relating to nonresident any-deer bow hunting licenses. Currently the law states a number equal to 15 percent of the previous year's total mule deer licenses must be made available to nonresidents as the current year's any-deer bow licenses. This bill would decrease the percentage from 15 to eight percent. Failed senate 1-42.

SB 2401 - (Introduced by Sen's Christmann, Freborg; Rep's Clark, Kreidt, Porter) - Would amend the North Dakota Century Code to allow an artificial light or flashlight of not more than four cells in the aggregate of six volts while hunting for raccoon. SNRC amended to allow a power source of not more than six volts. Passed senate 44-2.

SCR 4002 - (Introduced by legislative council's judiciary B committee) - Would make Congress pay for depredation, personal injury damage, and property damage caused by elk that move from Theodore Roosevelt National Park. Senate adopted. Resolution in house natural resources committee.

SCR 4022 - (Introduced by Senator Nichols; Representative Onstad) - Would direct the legislative council to study proposed legislation permitting the game and fish department to coordinate with game and fish programs conducted by the tribal governments of the federally recognized Indian tribes in North Dakota. Senate adopted.
 
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