2019 Legislative Review

If you’re a visitor to the North Dakota Game and Department’s website, you’re probably aware of some of the bills agency staff tracked during the 2019 legislative session.

Even though the North Dakota legislature, which meets every two years, is limited to 80 legislative days, it is sometimes fast-paced. It is not uncommon for bills to go through several major changes during a session and become almost unrecognizable from the bill’s original language or intent. Such was the case with some of the bills Game and Fish tracked in 2019.

While some bills are several pages long and others just a paragraph, it was demonstrated several times during the session that changing one word in a bill changed the very meaning in dramatic ways. That is why we place a high value on being diligent in tracking bills and providing open dialogue with key legislators on bills that could have a major influence on how the Department serves its customers.

Throughout the year, especially during our many district advisory board meetings, the Game and Fish Department typically receives suggestions and ideas from the public on how to improve the way we deliver services. Often, implementing those ideas takes legislative approval. Affecting positive change for our customers is critical and just one reason why we put as much importance on tracking bills as we do.

Now that the curtain has dropped on the 66th legislative assembly, we can take some time to assess what level of influence new laws will have on our agency and ultimately the people we serve.

A common theme heard in the halls of the capitol this past session was one of private property rights. Many of the more contentious bills had a strong correlation to that issue. Moving forward, Game and Fish personnel will be engaged in at least two interim studies, one to discuss the current status of the various gratis laws in North Dakota, and the other to study access to public and private lands for hunting, fishing, trapping and related issues. The results of these studies will be reported to the 67th legislative assembly.

Changes to state laws pertaining to posting private land have long been debated over the years. The issue stirs emotions from people on both sides. The dialogue that ensues has not necessarily fostered better landowner/hunter relations. From that standpoint alone, it would be good to reach a point where we could begin mending those relationships.

What follows is a look at the 40 outdoors-related bills tracked by Game and Fish Department officials that passed and failed:

BILLS THAT PASSED

• HB 1021 – Included in the Information Technology Department’s appropriation, during the 2019-21 interim, a 14-member land access committee (with nine voting members) will study access to public and private lands for hunting, trapping, fishing and related issues, including trespass violations and penalties, and provide recommendations regarding a land access database with capabilities of electronic posting. The study committee may establish a trial electronic posting and hunter access information system in up to three counties prior to August 1, 2020, and report findings and recommendations to the 67th legislative assembly. Passed House 85-7. Passed Senate 46-0.
• HB 1066 – Returns funding limit to the North Dakota Outdoor Heritage Fund to $20 million per fiscal year. Passed House 80-12. Passed Senate 46-0.
• HB 1209 – Allows the use of dogs in the recovery of big game animals. Passed House 92-0. Passed Senate 33-13.
• HB 1246 – Defines eligibility requirements relating to gratis licenses for hunting big game and to provide a legislative study. Passed House 83-2. Passed Senate 45-2.
• HB 1286 – Amends the century code relating to law enforcement agencies reporting seizures and forfeitures. Passed House 55-37. Passed Senate 43-4.
• HB 1366 – Allows use of a telescopic sight on a crossbow with a maximum power of 8x32. Passed House 89-0. Passed Senate 46-0.
• HB 1383 – Alters the Public Service Commission’s century code relating to mitigating environmental impacts associated with energy development. Passed House 72-19. Passed Senate 41-6.
• HB 1412 – Allows the use of night vision, thermal vision or infrared light with a power source of not more than six volts while hunting coyote, fox, raccoon or beaver during the open season, and on a predatory animal attacking and attempting to destroy poultry, livestock or other property. Passed House 88-1. Passed Senate 45-1.
• HB 1462 – Changes the seven white-tailed deer licenses that are provided to the Outdoor Adventure Foundation to four any-whitetail and three any-antlered deer licenses, to be used by youth with life-threatening illnesses. Passed House 91-0. Passed Senate 44-1.
• HB 1503 – Requires an individual who enters private property and installs a device for observing, recording or photographing wildlife to either receive written permission from the landowner, or identify the device with a permanently affixed metal or plastic tag with a registration number issued by the Game and Fish Department, or the individual’s name, address and telephone number. Passed House 74-16. Passed Senate 43-0.
• SB 2017 – Appropriates $83,803,632 to the Game and Fish Department for the biennium beginning July 1, 2019 and ending June 30, 2021. Passed House 85-8. Passed Senate 46-1.
• SB 2034 – Defines the terms “firearm” or “weapon” and clarifies who can carry, including a minor under age 15 carrying a muzzleloader under direct supervision. Passed House 82-6. Passed Senate 45-1.
• SB 2055 – Allows Game and Fish to get approval from either the legislative assembly or budget section for each land acquisition of at least 10 acres or $10,000 value. Passed House 91-1. Passed Senate 47-0.
• SB 2058 – Amends the century code relating to the Outdoor Heritage Fund, whereas grant applications that are eligible to be forwarded to the North Dakota Industrial Commission must receive favorable recommendation from a majority of the outdoor heritage advisory board members. Passed House 85-6. Passed Senate 43-4.
• SB 2138 – Allows advanced practice registered nurses and physician assistants, in addition to a physician, to verify the physical condition necessary for individuals to qualify for a permit to shoot from a stationary motor vehicle. Passed House 90-0. Passed Senate 47-0.
• SB 2165 – Amends the North Dakota Tax Department’s section of the century code relating to gross receipts, specifically that gross receipts do not include the amount of compensation received from an insurance company for the loss of a stolen or destroyed watercraft that had been previously taxed if that compensation is used as a trade-in credit on the purchase of a replacement watercraft. Passed House 86-0. Passed Senate 45-0.
• SB 2239 – Defines open records laws/exemptions of animal tracking databases for animal health purposes, including state and federal agencies would be able to collect information to assist in animal disease control or tracking an animal disease. Declared an emergency measure. Passed House 87-0. Passed Senate 47-0.
• SB 2261 – Amends the energy and conversion and transmission facilities section of the century code, relating to conditions imposed on designation of sites, corridors and routes. Passed House 81-12. Passed Senate 41-6.
• SB 2293 – Creates an aquatic nuisance species program fund in the state treasury. Effective Jan. 1, 2020, establishes an ANS fee of $15 for each motorized watercraft registered in North Dakota to run concurrent with the three-year watercraft registration period. For motorized watercraft operated on waters in North Dakota but not licensed in North Dakota, an ANS fee of $15 to be paid for each calendar year and to display an ANS sticker on their watercraft. Effective April 1, 2020, establishes a $2 surcharge on each resident fishing license and combination license, with the exception of the resident 65 and older fishing license, permanently or totally disabled fishing license, or a disabled veteran fishing license. In addition, includes a $3 surcharge on each nonresident fishing license and each nonresident waterfowl license. Passed House 67-22. Passed Senate 41-6.
• SB 2342 – Any boat operated between the hours of midnight and 5 a.m. may not produce a noise in excess of 88 decibels for more than 10 minutes. Passed House 60-25. Passed Senate 29-17.
• SB 2358 – Relates to Red River Valley water supply project contract terms, elimination of voter approval requirements and notice of proposed water management systems. Passed House 76-16. Passed Senate 46-1.

BILLS THAT FAILED

• HB 1232 – Would have allow taxidermists or meat processors to receive certification for handling, sterilization and processing of big game animals from areas with documented cases of chronic wasting disease; and an individual may transport from within or into the state for taxidermy or meat processing purposes the carcass of big game animals from an area documented with CWD. Failed House 26-67.
• HB 1257 – Would have allow an individual over age 65 to hunt deer with a muzzleloader with a telescopic sight of up to four-power magnification. Failed House 35-58.
• HB 1290 – Would have set guidelines for law enforcement officers entering and searching buildings or private land. Passed House 64-29. Senate amended to make it a legislative study. Failed Senate 4-43.
• HB 1294 – Would have required traps or snares for furbearers to be checked at least every 48 hours. Failed House 0-92.
• HB 1323 – Would have defined a dangerous and concealed weapon. Failed House 17-75.
• HB 1331 – Would have allowed anglers to purchase a lifetime fishing license. Failed House 16-73.
• HB 1357 – Would have defined who is eligible for a gratis tag for hunting moose, and allowed applicants to apply annually regardless if already issued a license. Failed House 27-66.
• HB 1413 – Would have required public notice of a wildlife survey in the official county newspaper, and on the website and social media accounts of the person/agency conducting the survey, at least 30 days prior to the start of the survey. Failed House 8-84.
• HB 1423 – Legislative management, during the 2019-20 interim, would have studied the eligibility for gratis licenses authorizing residents to hunt elk or moose, and report findings to the 67th legislative assembly. Failed House 0-91.
• HB 1427 – Would have allowed the use of air guns for hunting. Withdrawn from consideration.
• HB 1428 – Would have established a Missouri River council to provide for the acquisition and management of the Missouri River shoreline. Failed House 38-54.
• HB 1430 – Related to big game gratis license eligibility. Failed House 0-93.
• HB 1451 – Would have required a mandatory waiting period of three days between the purchase and delivery of a firearm. Failed House 11-82.
• SB 2054 – Grants provided by the Outdoor Heritage Fund would no longer give preference to those that enhanced conservation practices, and adds a requirement that ensures geographical balance of members is maintained. Failed Senate 14-33.
• SB 2183 – Would have allowed a live bait wholesaler or vendor to transport into the state and sell live white suckers to be used as bait in the Red River. Failed Senate 0-46.
• SB 2201 – Would have allowed a nonresident to purchase a waterfowl license that was valid for three four-day periods for $200. Passed Senate 35-10. Failed House 18-72.
• SB 2260 – Would have allowed a nonresident who owns land in North Dakota, or any member of the family residing with the nonresident, to purchase a nonresident landowner trapping license for $100 to trap on the land. Passed Senate 43-3. Failed House 30-60.
• SB 2285 – Would have allowed a nonresident to purchase a statewide waterfowl license for $500 that was valid for the remainder of the season after the first week. Failed Senate 19-26.
• SB 2315 – Would have changed the century code relating to trespassing and posting of land, and provide a study. An individual may hunt on private property without obtaining permission unless the land is legally posted or the individual is asked to leave by the landowner; a landowner may submit electronic information designating “posted” or closed to hunters if the state develops an online database or an electronic application which identifies if land is available for hunting; a person may not act as a hunting guide or outfitter on private land without obtaining permission from the landowner; an individual is guilty of a class B misdemeanor for a first offense and a class A misdemeanor for a second or subsequent offense for criminal trespass; and repeals a section of the century code pertaining to prima facie evidence of intent to hunt game. In addition, during the 2019-21 interim, a 14-member land access committee (with nine voting members) will study access to public and private lands for hunting, trapping, fishing and related issues, including trespass violations and penalties, and provide recommendations regarding a land access database with capabilities of electronic posting. The study committee may establish a trial electronic posting and hunter access information system in up to three counties prior to August 1, 2020, and report findings and recommendations to the 67th legislative assembly. Passed Senate 29-17. Failed House 44-48.