Legislative Update

May 4, 2009

Names in parenthesis indicate bill sponsors. To leave messages for legislators dial toll-free 888-635-3447, or 328-3373 in the Bismarck-Mandan area (additional contact information). Bill information can be accessed by clicking on the bill number.

House of Representatives

The House Natural Resources Committee (HNRC) meets Thursdays and Fridays in the Pioneer Room. Members: Todd Porter, Chairman; Chuck Damschen, Vice Chairman; Donald Clark, Duane DeKrey, David Drovdal, Curt Hofstad, George Keiser, Darrell Nottestad, Lyle Hanson, Bob Hunskor, Scot Kelsh, Lee Myxter, Louis Pinkerton.

Senate

The Senate Natural Resources Committee (SNRC) meets Thursdays and Fridays in the Ft. Lincoln Room. Members: Stanley Lyson, Chairman; David Hogue, Vice Chairman; Robert Erbele, Layton Freborg, James Pomeroy, Mac Schneider, Constance Triplett.

Active Bills

Passed

HB 1017 - (Appropriations Committee at the request of the Governor) - Appropriates $59,463,938 for the Game and Fish Department for the biennium beginning July 1, 2009, and ending June 30, 2011; allows a professional gun dog trainer to apply for a permit designating no more than 40-acres where training a gun dog is allowed at any time. Passed house 81-9. Passed senate 46-0. Signed by governor.

HB 1045 - (Legislative Council) - Continues the prohibition of severance of hunting rights from the surface estate. Passed house 69-21. Passed senate 45-1. Signed by governor.

HB 1110 - (Agriculture Committee) - Prohibits an individual from engaging, sponsoring, assisting or profiting from the release, hunting or trapping of feral swine; and allows a property owner or tenant the ability to shoot a feral swine if posing a risk to them or their property. Passed house 72-19. Passed senate 46-0. Signed by governor.

HB 1125 - (Natural Resources Committee at the request of the Agriculture Commissioner) - Clarifies the current law permitting federal Wildlife Services to control furbearers and big game in cooperation with North Dakota's Agriculture Commissioner and the Game and Fish Director. Passed house 88-0. Passed senate 44-0. Signed by governor.

HB 1167 - (Rep's Delzer, Nottestad, Weiler; Sen's Freborg, Fischer) - Allows 13 year olds to participate in the youth deer hunting season if they turn 14 on or before the opening day of the November deer gun season. Passed house 92-0. Passed senate 43-0. Signed by governor.

HB 1188 - (Rep's Porter, Damschen, DeKrey, Hanson; Sen's Hogue, Lyson) - Increases the penalty for some individuals with multiple Game and Fish offenses. Passed house 91-2. Passed senate 39-7. Signed by governor.

HB 1217 - (Rep's Kerzman, Froelich, Hanson, Porter; Sen's Krauter, Lyson, Wanzek) - Makes it illegal to hunt unharvested oilseed crops (sunflower, soybeans, safflower, rapeseed or canola, crambe and flax) without permission of the owner or tenant. Passed house 88-0. Passed senate 46-0. Signed by governor.

HB 1239 - (Rep's Hofstad, S. Meyer, Porter; Sen's Heckaman, Oehlke) - Clarifies that only the owner or tenant, or an individual authorized by the owner, may post land. Passed house 84-4. Passed senate 46-0. Signed by governor.

HB 1240 - (Rep's Hofstad, Hanson, Porter; Sen's Hogue, Oehlke) - Changes agricultural exemption from licensure for guides and outfitters. Passed house 91-3. Passed senate 46-0. Signed by governor.

HB 1567 - (Rep's Kasper, Griffin, Hofstad, Ruby, Schneider) - Clarifies that a guide or outfitter license is not required for a person who acts as a booking agent for an outfitter. A booking agent is defined as a person who receives only a fee for referring or marketing the services of a legal outfitter in this state. Passed house 87-4. Passed senate 46-0. Signed by governor.

SB 2146 - (Transportation Committee at the request of the State Treasurer) - Changes the date of the state gas tax payment to the Game and Fish Department from July 1 to anytime in the month of July. Passed senate 41-0. Passed house 93-1. Signed by governor.

SB 2165 - (Sen's Krauter, Lyson; Rep's Damschen, DeKrey, Kerzman, Nottestad) - Allows individuals who are 16 years of age and older who have not taken the hunter education course to be issued an apprentice hunter validation to hunt small game and deer for one license year; allows youth ages 12 and 13 to receive a whitetail doe license valid for only the youth deer season; provides an online hunter education course for ages 16 and older. Passed senate 37-9. Passed house 78-14. Signed by governor.

SB 2309 - (Sen's Potter, Anderson, Heckaman; Rep's DeKrey, Kaldor, Wall) - Provides for a study of lands along the Sibley and Sully historic trails for purposes of historical education, heritage tourism and access for public hunting. Passed senate 42-4. Passed house 51-42. Signed by governor.

HCR 3007 - (Rep's Porter, Carlson, Damschen, Hanson; Sen's Stenehjem, Hogue) - A concurrent resolution urging Congress to amend federal law to implement the North Dakota Game and Fish Department's alternative that would use resident certified volunteer sharpshooters to take elk in Theodore Roosevelt National Park. House adopted. Senate adopted.

HCR 3021 - (Rep's Kempenich, Froelich; Sen's Erbele, Taylor) - A concurrent resolution urging the United States Fish and Wildlife Service not to list the black-tailed prairie dog as a threatened or endangered species under the Endangered Species Act. House adopted. Senate adopted.

Failed/Withdrawn

HB 1076 - (Representative DeKrey) - Would prohibit an individual from applying for a license to hunt big game, small game or furbearers who is barred by state or federal law from possessing a firearm. Failed house 6-86.

HB 1210 - (Rep's Hanson, Gruchalla, Mueller, Porter; Sen's Fischer, Freborg) - Would prohibit the use of state and federal funds to regulate any enclosed big game or farmed elk facilities. House Agriculture Committee amended to allow only the use of general fund money to regulate any enclosed nontraditional livestock facility. Failed house 11-78.

HB 1211 - (Rep's Hanson, Gruchalla, Mueller, Porter; Sen's Fischer, Freborg) - Would require the address or telephone number in addition to the name on all posting signs. Failed house 25-69.

HB 1216 - (Rep's Kerzman, DeKrey, Froelich; Senator Lyson) - Would change the nonresident small game license to three 5-day periods. Passed house 53-40. Passed senate 24-23. Reconsidered. Failed senate 20-27.

HB 1227 - (Rep's Headland, Damschen, Porter; Sen's Erbele, Hogue) - Would provide an online hunter education course for individuals ages 16 and older; changes the minimum age to participate in the youth deer hunting season from 14 to 12; establishes a provisional license that allows residents over age 18 who have not completed hunters safety to hunt for free during one season for which licenses are not issued by lottery. Passed house 74-20. SNRC amended to increase the minimum age to 18 for individuals eligible to take an online hunter education course, would keep the age requirement at 14 for youth to participate in the youth deer season, lowered the age requirement to receive a provisional license to age 16, and the provisional license would not be free. Passed senate 47-0 as amended. Failed house 1-92.

HB 1246 - (Rep's Amerman, J. Kelsh, Kempenich; Sen's Dotzenrod, Lyson) - Would change the structure of the nonresident small game license by making it valid for up to 14 days in periods of at least three consecutive days each. Failed house 28-65.

HB 1248 - (Rep's S. Meyer, DeKrey, Delmore, Hanson, Hofstad; Senator Hogue) - Would allow an individual fishing from shore to use up to four poles. Failed house 7-81.

HB 1260 - (Rep's S. Meyer, Damschen, DeKrey, Hanson) - Would make it illegal for a person to use a bow with an axle-to-axle length under 30 inches. Withdrawn from consideration.

HB 1379 - (Rep's Onstad, Hatlestad; Senator Warner) - Would appropriate $1.7 million out of the general fund in the state treasury to the Game and Fish Department for constucting a paved roadway and boat ramp near the marina at Arrowhead Point near New Town. Failed house 31-62.

HB 1470 - (Rep's Kilichowski, Koppelman, Kretschmar, Metcalf; Sen's Mathern, Nodland) - Would reduce the boating and hunting under the influence law from .10 to .08. Failed house 37-55.

HB 1499 - (Rep's Gruchalla, Griffin, Hanson, S. Kelsh, Schneider; Senator Fiebiger) - Would allow a professional gun dog trainer to obtain a permit designating a training area (not to exceed 40 acres) that would allow a professional to train a gun dog at any time within the designated area. Passed house 82-12. SNRC amended to extend the time period that prohibits training by eight days. Failed senate 1-46.

HB 1504 - (Rep's Heller, Kreidt; Senator Christmann) - Would allow a person with certain disabilities who is eligible for a gratis license to designate another hunter to shoot his or her deer. Failed house 8-83.

HB 1515 - (Rep's Onstad, Nathe, Porter, Weiler; Sen's Hogue, Warner) - Would appropriate $15 million from the state treasury to the Department of Transportation to pave access roadways to Lake Sakakawea. Passed house 48-45. Failed senate 11-35.

SB 2068 - (Senator Behm) - Would replace the social security number with a distinguishing number for a Game and Fish license applicant. SNRC amendments: would use either a social security number or alternate identification number; and provides an agency directive, appropriation and effective date. Failed senate 13-33.

SB 2189 - (Senator Hogue; Rep's DeKrey, Hofstad, Porter, Ruby) - Would require a resident to purchase a small game license at age 18 instead of 16, and eliminates license fees for residents under age 18. SNRC amended to increase the habitat restoration stamp fee from $10 to $13, and provide an effective date of April 1, 2010. Failed senate 9-37.

SB 2264 - (Sen's Klein, Erbele, Heckaman; Rep's Damschen, DeKrey, Weisz) - Would create a season-long nonresident small game license for $170, with $40 designated for the PLOTS program. Passed senate 26-19. Failed house 8-84.

SB 2351 - (Sen's Olafson, Triplett; Rep's Belter, Kaldor) - Would prohibit an individual from feeding big game and hunting big game over bait. Failed senate 19-27.

SB 2424 - (Sen's Fischer, Heckaman) - Would require the Game and Fish Department and State Water Commission to jointly provide funding for any water project feature built or required to control aquatic nuisance species. Failed senate 15-31.

SCR 4012 - (Sen's Anderson, Bowman; Rep's J. Kelsh, Wall) - A concurrent resolution urging Congress to require the U.S. Department of the Interior to make use of volunteers to take elk in Theodore Roosevelt National Park. Failed senate.