Legislative Update

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Legislative Update
March 31, 2011

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 Energy and Natural Resources Committee (HENRC) meets Thursdays and Fridays in the Pioneer Room. Members: Todd Porter, Chairman; Chuck Damschen, Vice Chairman; Dick Anderson, Roger Brabandt, Donald L. Clark, Duane DeKrey, Lyle Hanson, Curt Hofstad, Bob Hunskor, Jim Kasper, George J. Keiser, Scot Kelsh, Curtiss Kreun, Mike Nathe, Marvin E. Nelson.

Senate
The Senate Natural Resources Committee (SNRC) meets Thursdays and Fridays in the Ft. Lincoln Room. Members: Stanley W. Lyson, Chairman; David Hogue, Vice Chairman; Randy Burckhard, Layton Freborg, Mac Schneider, Connie Triplett, Gerald Uglem.

Active Bills/Resolutions
HB 1188 - (Representatives Porter, DeKrey, Maragos; Senator Dever) - Establishes a minimum fine of $200 for littering on any game refuge, lake, river, public park or recreation area. Passed house 65-27. Senate Judiciary Committee amended to reduce the fine to a minimum of $100. Passed senate 44-2. Sent back to house for consideration.

HB 1393 - (Representatives Kilichowski, Porter, Hanson; Senators Lyson, Uglem, Schneider) - Establishes that a crossbow is considered a legal weapon that may be used during the duration of any deer gun season, and the spring and fall turkey seasons. Passed house 75-18. SNRC amended to eliminate crossbows as a legal weapon during the spring and fall turkey seasons. Passed senate 46-1. Sent back to house for consideration.

HB 1452 - (Representatives Thoreson, Boehning, Koppelman, Schatz; Senator Krebsbach) - Provides landowner immunity for injuries to trespassers. Passed house 63-29. Senate Judiciary Committee amended to define artificial condition. Passed senate 47-0.

SB 2017 - (Appropriations Committee at the request of the Governor) - Appropriates $64,537,742 for the Game and Fish Department for the biennium beginning July 1, 2011, and ending June 30, 2013. In addition, appropriates $200,000 out of the game and fish fund in the current biennium for providing funds to the agriculture commissioner for the payment of wildlife services. Passed senate 46-0. House Government Operations Division heard 3/15, no action taken.

SB 2113 - (Judiciary Committee at the request of the Attorney General) - Any individual who operates a motorboat or vessel in this state is deemed to have given consent, and shall consent, to a chemical test, or tests, of the blood, breath or urine for the purpose of determining alcohol concentration or presence of other drugs. Passed senate 46-0. House Judiciary Committee made minor amendments. Passed house 92-0. Sent back to senate for consideration.

SB 2227 - (Senators Wanzek, Klein, Warner; Representatives Brandenburg, DeKrey, Weisz) - Authorizes individuals with valid antlerless deer licenses to take deer on private lands severely impacted by deer from December 1 through March 15, and provides for construction cost-share assistance for deer proof hay yards to protect hay, feed and crops. Declared an emergency. Passed senate 45-1. HENRC made several amendments, including working with livestock producers experiencing chronic deer depredation problems to develop site-specific deer depredation management plans; antlerless deer licenses would be valid on private lands impacted by deer from December 1 through January 15; instituting an agricultural mediation service; making available $1 million per biennium in the Game and Fish budget for feeding wildlife on lands impacted by big game depredation; and $100,000 each biennium used for food plots on private property for the purpose of providing winter feed. Recommended do-pass 14-0 as amended. Rereferred to House Appropriations Committee.

SCR 4002 - (Legislative Management Natural Resources Committee) - A concurrent resolution urging Congress to return to the riparian landowner land controlled by the Army Corps of Engineers which is not necessary for authorized purposes. Senate adopted. HENRC amended to return land to the state of North Dakota instead of the riparian landowner. House adopted. Senate refused to concur. Conference committee appointed.

Passed Bills/Resolutions
HB 1180 - (Representatives Drovdal, Schatz; Senator Nodland) - Landowner preferential elk licenses will be issued by weighted lottery if the number of applicants exceeds the number of licenses available. Landowner preferential elk licenses are established by Governor's proclamation. Passed house 90-0. Passed senate 47-0. Signed by governor.

HB 1181 - (Representatives Nathe, Headland; Senators Freborg, Hogue, Schaible, Stenehjem) - Lowers the minimum age to hunt antelope from 14 to 12. Passed house 94-0. Passed senate 24-22.

HB 1209 - (Representative DeKrey) - A person convicted of a felony can petition the district court for restoration of the right to possess firearms. Passed house 76-17. Passed senate 45-0.

HB 1288 - (Representatives Kasper, Headland, Mueller; Senators Fischer, Hogue, Olafson) - Removes the sunset clause (July 31, 2011) from the 2009 law that clarifies a booking agent for an outfitter is not required to have a guide or outfitter license. Passed house 92-0. Passed senate 47-0. Signed by governor.

HB 1380 - (Representative Keiser) - Defines eligible organization for charitable gaming purposes. Passed house 90-1. Passed senate 33-13.

HB 1407 - (Representatives D. Johnson, Hofstad, Weisz; Senators Taylor, Oehlke) - Effective through July 31, 2013 nonresidents would be allowed to hunt in Richland, Sargent, Benson, Ramsey and Towner counties during the early September Canada goose season without counting against their 14-day waterfowl license. The Game and Fish Department must track the number of resident and nonresident goose hunters and the number of geese taken by county, and report findings to legislative management by Sept. 1, 2012. Passed house 67-26. Passed senate 28-18.

HB 1415 - (Representatives S. Meyer, Anderson, DeKrey, Metcalf; Senators Hogue, Lyson) - The Game and Fish director may issue four any-deer licenses annually to the wounded warrior project that are valid from the opening of the youth deer season through the close of the deer season. Passed house 93-0. Passed senate 47-0.

HB 1454 - (Representatives Damschen, Weisz) - Allows the use of an artificial light while hunting beaver. Passed house 90-2. Passed senate 37-8.

SB 2352 - (Senators Oehlke, Cook, Nelson; Representatives Delzer, D. Johnson) - Prohibits a person from hunting through the Internet; hosting a hunt through the Internet; import, export or possess wildlife which has been taken by a hunt through the Internet; or enable another person to hunt through the Internet. "Hunt through the Internet" means to hunt wildlife in real time using Internet services or any remote-controlled device to control actual firearms and to discharge live ammunition allowing a person who is not physically present to take wildlife. Passed senate 43-2. Passed house 90-2.

HCR 3019 - (Representatives Schmidt, Carlson, Hofstad, Porter; Senators Schaible, Stenehjem) - A concurrent resolution urging the U.S. Army Corps of Engineers to immediately cease wrongful denial of access and wrongful requirement of payment for the natural flows of the Missouri River. House adopted. Senate adopted.

HCR 3032 - (Representatives Weiler, Weisz, Onstad; Senators Freborg, Lyson, Warner) - A concurrent resolution directing Legislative Management to study the needs of, economic values of, and methods to improve access roadways to recreational, tourist and historical sites in North Dakota. House adopted. Senate adopted.

Failed Bills
HB 1237 - (Representative Kretschmar) - Nonresidents age 55 and older can purchase a nonresident senior citizen small game license for $175 that would allow them to hunt small game and waterfowl statewide for the entire season. HENRC recommended do-not-pass 13-0. Failed house 4-87.

HB 1239 - (Representative Kretschmar) - An individual whose primary residence is located in the unit for which that individual is applying for a deer gun license is entitled to receive one noncumulative bonus point in the deer gun lottery. HENRC recommended do-not-pass 13-0. Failed house 4-87.

HB 1466 - (Representatives Brandenburg, Kretschmar, Schmidt; Senators Erbele, Klein, Wanzek) - If the U.S. Army Corps of Engineers, through federal legislation, returns excess lands around Lake Oahe and Lake Sakakawea, the board of university and school lands may accept the land on behalf of the state of North Dakota. Passed house 93-0. Failed senate 2-44.

SB 2224 - (Senators Klein, Bowman, Heckaman; Representatives Brandenburg, DeKrey) - Establishes a bounty of $100 for each coyote until 2,000 coyotes are taken. Funding comes from the wildlife services line item in the Game and Fish appropriation bill. SNRC recommended do-not-pass 4-3. Failed senate 16-30.

SB 2225 - (Senators Klein, Erbele, Uglem; Representatives Brandenburg, DeKrey, Weisz) - Provides for a $500 nonresident combination small game and waterfowl license that is valid for the entire season, except for the first week. SNRC heard 1/27, recommended do-not-pass 4-2. Passed senate 24-23. Motion to reconsider passed. Failed senate 17-29.

SB 2235 - (Senators Klein, Andrist, Uglem; Representatives Brandenburg, DeKrey, Weisz) - Establishes a nonresident waterfowl license valid for three four-day periods. Currently the nonresident waterfowl license is valid for 14 consecutive days or two seven-day periods. SNRC heard 1/27, recommended do-pass 4-2. Failed senate 21-25. Motion to reconsider failed.

SB 2332 - (Senators Miller, Klein, O'Connell; Representatives D. Johnson, S. Meyer, Wrangham) - Regulates hunting on big game preserves, including a person would not be required to possess a hunting license and a manifest would be required for transporting harvested animals. In addition, allows a big game hunting preserve that was in operation before Jan. 1, 2011 to have less than 160 acres, with a minimum of 80 acres. Passed senate 45-1. Failed house 33-59.