2021 Legislative Review

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SB 2144 allows landowners the option to designate land as posted or closed to hunting in an online database or other electronic application.

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Once bills are formally introduced, we review and determine those that may have a nexus to the Department and its customers, based on their own merit. A decision is then made which bills to monitor, and for those that we do keep an eye on, we further decide to take a position of support, opposition or to remain neutral and simply track the bill.

By all accounts, the number of bills that will influence how the Game and Fish Department does business, either directly or indirectly, was down somewhat this session. The 67th gathering also seemed a little quieter than some sessions in recent years. That’s not to say that things still didn’t get hectic at times, but the overall tone was somewhat milder.

One of the more obvious differences was the absence of a bill that would presume all lands closed to hunting or trespassing on all private lands. That discussion during the session revolved around extending the electronic posting study, which was approved in 2019 and implemented electronic posting as another option for landowners to post land. A wide variety of firearms-related bills were also introduced and debated as well.

Because state law often dictates how we conduct business at the Game and Fish Department, it is vitally important that we diligently track bills and establish a rapport with key legislators because bill language can, and does, change quite frequently throughout the session.

As expected, the COVID-19 pandemic played a big part this session in many ways. Before the session officially started, a requirement was put in place that all bills be introduced electronically. The public was required to wear masks while attending any hearings and, in an effort to limit in-person attendance, all hearings and floor sessions were live-streamed.

While this was undoubtedly viewed as a hinderance to many, I personally found it convenient to view committee hearings without having to travel to the capital. I would guess that this also allowed for more efficient use of time by many who would have otherwise had to spend most of the day at the capital to attend a hearing or two.

So, the question remains as to how Game and Fish Department constituents fared through this latest round of legislation. I’d say that they did fairly well. Meaning, I don’t think hunters, anglers and trappers of this state will notice a huge difference in the laws that determine the way they pursue their passions.

While we do our very best to keep the best interests of our customers in mind while helping shape legislation, it is still important for each and every citizen of this state to make their own voices heard on those bills they deem important.

BILLS THAT FAILED

• HB 1120 – Allows a resident who is entitled to purchase a disabled veteran deer license to hunt white-tailed deer five days preceding the youth deer hunting season and during the regular deer gun hunting season. In addition, 100 licenses would be available each year and taken from the five units with the lowest selection rates for hunting licenses. The licenses may not be used in those units and are not valid on public lands. An individual who receives one of these licenses may not apply in the deer gun lottery. Passed House 91-0. Failed Senate 8-39.
• HB 1178 – Nonresident members of the Armed Forces who qualify to receive a resident license may apply for and be issued a lottery license for deer. Failed House. 14-76
• HB 1270 – An individual is guilty of an infraction by placing a trail camera, etc., on private property without written permission from the owner or occupant. In addition, the device must have identification. Failed House 0-94.
• HB 1327 – Allows former residents who lived in North Dakota for at least 10 years to receive 1% of the total deer gun licenses. Failed House 1-90.
• HB 1340 – A law enforcement officer would not be able to enter private property for search and seizure without permission is prohibited. Failed House 37-56.
• SB 2037 – Amends a section of century code relating to criminal trespass and electronic posting, including an individual would be guilty of a class A misdemeanor by entering an enclosed fence; and the name of a person would not have to appear on each sign on physically posted land. Failed Senate 0-47.
• SB 2038 – Allows the option to designate land as posted or closed to hunting in an online database or other electronic application. Failed Senate 0-47.
• SB 2118 – Increases game and fish violations for a class 1 noncriminal offense from $50 to $100, and a class 2 noncriminal offense from $25 to $50. Failed Senate 21-26.
• SB 2143 – Allows solid fluorescent pink or a camouflage pattern of at least 50% fluorescent orange or pink to be worn by big game hunters. Passed Senate 43-4. Failed House 14-78.
• SB 2172 – Applicants age 75 and older would be able to enter their name twice in the moose lottery. Passed Senate 27-20. Failed House 34-78.
• SB 2184 – Certified hunter education instructors would be issued a license to hunt any legal deer during the deer gun season. In addition, hunter education instructors who have taught for the preceding five years would be issued one bighorn sheep, elk, or moose license. Failed Senate 6-41.
• SB 2211 – Allows the use of an artificial light with a power source of not more than 6 volts while hunting furbearer, ground squirrel, prairie dog, porcupine, rabbit, or skunk, excluding the regular deer gun season. Passed Senate 28-19. Failed House 13-79.