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2013 Legislation

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Friday, May 3, 2013

2013 North Dakota State Legislature

House Energy and Natural Resources Committee - Meets Thursdays and Fridays in Pioneer Room

Chair Todd Porter, Vice Chair Chuck Damschen, Dick Anderson, Roger Brabandt, Glen Froseth, Curt Hofstad, Bob Hunskor, George J. Keiser, Scot Kelsh, Corey Mock, Mike Nathe, Jim Schmidt, Peter F. Silbernagel

Senate Natural Resources Committee - Meets Thursdays and Fridays in Fort Lincoln Room

Chair Stanley W. Lyson, Vice Chair Randall A. Burckhard, David Hogue, Lonnie J. Laffen, Philip M. Murphy, Connie Triplett, Jessica K. Unruh

Passed/Signed

HB 1017 - Introduced by Appropriations at the request of the Governor. Provides an appropriation of $67,553,639 to the Game and Fish Department for the biennium beginning July 1, 2013 and ending June 30, 2015. Passed house 84-6. Passed senate 47-0. Signed by governor.

HB 1062 - Introduced by Energy and Natural Resources Committee at the request of the State Engineer. Removes a person's ability to appeal to a district court a decision made by the water resource board regarding removal or closing of a noncomplying dam, dike or other device. Passed house 93-0. Passed senate 46-0. Signed by governor.

HB 1123 - Introduced by Transportation Committee at the request of the Highway Patrol. Does not require the driver of a vehicle involved in an accident with an undomesticated animal, such as a deer, to notify law enforcement authorities. Passed house 84-6. Passed senate 46-0. Signed by governor.

HB 1130 - Introduced by Rep's Porter, Damschen, Hofstad; Sen's Burckhard, Carlisle, Lyson. Requires each county auditor to implement a computerized online licensing system by March 1, 2015, and each agent appointed by a county auditor by March 1, 2016. Passed house 81-12. Passed senate 45-0. Signed by governor.

HB 1131 - Introduced by Rep's Hofstad, Schmidt, Vigesaa; Sen's Carlisle, Lyson, Schaible. Allows an individual who turns age 14 in the same year as the respective big game hunting season to apply for a license, an individual who turns age 12 in the same year as the youth deer season to receive an antleress white-tailed deer license for the youth deer season, and an individual who turns age 12 in the same year as the antelope season to apply for a license. In addition, the number of acres required to qualify for a big game gratis license is lowered from 160 to 150. Gratis applications received on or before the regular deer gun lottery application deadline will be issued any legal deer licenses; those received after the deadline will be issued based on only the licenses available. Emergency clause carried. Passed house 85-6. Passed senate 35-11. Signed by governor.

HB 1161 - Introduced by Rep's Porter, Froseth, Hunskor; Sen's Armstrong, Lyson, Schneider. Clarifies and defines eligibility requirements for a resident hunting and fishing license, effective April 1, 2014. Passed house 91-0. Passed senate 46-0. Signed by governor.

HB 1195 - Introduced by Rep's Porter, Hawken, Louser, Rohr, Streyle, Weisz; Sen's Klein, Lyson. Allows an individual to show proof of a hunting or fishing license in paper or electronic format. Passed house 87-0. Passed senate 46-0. Signed by governor.

HB 1224 - Introduced by Rep's Kempenich, Brandenburg, Drovdal, Kasper, Ruby, Streyle, Thoreson, Weisz; Sen's Luick, Miller, Schaible. Carrying a loaded firearm in a vehicle while hunting carries a class 2 noncriminal offense. Passed house 92-1. Passed senate 46-0. Signed by governor.

HB 1247 - Introduced by Rep's Schmidt, Belter, Damschen, Headland, D. Johnson; Sen's Dotzenrod, Wanzek. Requires the agriculture commissioner to create and maintain an electronic database of wetland credits that are available for purchase by an agricultural landowner. Passed house 91-2. Passed senate 47-0. Signed by governor.

HB 1264 - Introduced by Rep's Brandenburg, Krempenich; Sen's Erbele, Wanzek. Requires the Game and Fish Department to implement an online application process for Canada goose kill permits to match volunteers with producers. In addition, a nonresident can hunt during the entire early Canada goose season at a license fee of $50 without counting against the 14-day regular season license; residents have to pay $5 to hunt during the early season. Passed house 92-0. Passed senate 46-0. Signed by governor.

HB 1278 - Introduced by Rep's Porter, Carlson; Sen's Lyson, Wardner. Creates a North Dakota outdoor heritage fund which would provide access to private and public lands and develop fish and wildlife habitat. Passed house 48-44. Passed senate 33-12. Signed by governor.

HB 1282 - Introduced by Rep's Heilman, Anderson, Beadle, Dosch, Hatlestad, Porter, Vigesaa, Weisz; Senator Schaible. Allows an individual in lawful possession of a device that will silence or deaden the sound when the firearm is discharged to hunt game for which the individual is licensed. Passed house 90-2. Passed senate 29-17. Signed by governor.

HB 1322 - Introduced by Rep's Hofstad, Damschen, D. Johnson; Sen's Miller, Oehlke. Requires pending land acquired by Game and Fish to be appraised prior to purchase. Before appraisal, the director must give notice to every landowner within one mile of the boundary, and to the board of county commissioners and publish a notice in the official county newspaper. Passed house 94-0. Passed senate 45-0. Signed by governor.

HB 1336 - Introduced by Rep's Wall, Anderson, J. Nelson, Williams; Sen's Luick, Dotzenrod. Allows by governor's proclamation the number of paddlefish snagging tags available and the manner of issuance. Passed house 88-3. Passed senate 47-0. Signed by governor.

HB 1338 - Introduced by Rep's Brandenburg, Froseth, Heller, Kasper, Kreidt, Kretschmar, Rohr, Schmidt, Onstad; Sen's Schaible, Unruh, Warner. Requires the board of university and school lands to study, during the 2013-14 interim, options to address the concerns of landowners adjacent to land under the control of the corps of engineers surrounding Lake Sakakawea and Lake Oahe. Passed house 89-0. Passed senate 46-1. Signed by governor.

HB 1354 - Introduced by Rep's Oversen, Amerman, Klemin, Trottier, Vigesaa; Sen's Armstrong, Marcellais, Wardner. Issues four any-deer and six any whitetail licenses annually to the injured military wildlife project of North Dakota (currently known as wounded warrior project). Passed house 92-0. Passed senate 46-0. Signed by governor.

HB 1434 - Introduced by Rep's Schatz, Fehr, Heller, N. Johnson, Monson, Steiner, Thoreson; Sen's Laffen, Poolman, Schneider. Allows a resident disabled veteran with a 50 percent service related disability to qualify for a $5 fishing license. Passed house 92-0. Passed senate 45-1. Signed by governor.

SB 2211 - Introduced by Sen's Flakoll, J. Lee, O'Connell; Rep's Anderson, Delmore, D. Johnson. Relates to the duties of the State Board of Animal Health and the treatment of animals. Passed senate 43-3. Passed house 80-12. Signed by governor.

SB 2231 - Introduced by Sen's Laffen, Burckhard, Murphy; Rep's Kreun, Porter, Ruby. Hunting and fishing license fee increases are effective April 1, 2014; boat registration fees Jan. 1, 2014. Increases the price of a resident small game license from $6 to $10, nonresident small game hunting license from $85 to $100, resident big game hunting license from $20 to $30 (youth big game license remains at $10), nonresident big game hunting license from $200 to $250, nonresident bow hunting license from $200 to $250, resident furbearer license from $7 to $15, resident fishing license from $10 to $16, resident age 65 and older or permanently disabled fishing license from $3 to $5, nonresident fishing license from $35 to $45, resident husband and wife fishing license from $14 to $22, resident wild turkey license from $8 to $15, motorboat under 16 feet in length and all canoes from $12 to $18, motorboats from 16 feet to less than 20 feet in length from $24 to $36, motorboats at least 20 feet in length from $33 to $45, resident paddlefish tag from $3 to $10, nonresident paddlefish tag from $7.50 to $25.50, nonresident waterfowl hunting license from $85 to $100, nonresident husband and wife fishing license from $45 to $60, nonresident three-day fishing license from $15 to $25, nonresident furbearer and nongame license from $25 to $40, combination license from $32 to $50, resident swan license from $5 to $10, nonresident swan license from $25 to $30, resident crane license from $5 to $10, nonresident crane license from $5 to $30, nonresident 10-day fishing license from $25 to $35, nonresident reciprocal trapping license from $250 to $350, statewide nonresident waterfowl license from $125 to $150, resident application fee for moose, elk and sheep from $3 to $5, habitat restoration stamp required for the general game license from $10 to $17 and $8 (instead of $5) of each habitat stamp sold would be placed in the Game and Fish Department's private land habitat and access improvement fund. Passed house 77-15. Passed senate 39-6. Signed by governor.

SB 2242 - Introduced by Sen's Oehlke, Hogue, Lyson; Rep's Hofstad, D. Johnson, Hunskor. Allows a North Dakota disabled veteran with a 100 percent service related disability to purchase a combined general game, habitat, small game and furbearer license for $3. Passed senate 44-0. Passed house 92-0. Signed by governor.

SB 2279 - Introduced by Sen's Holmberg, Campbell, Cook; Rep's Owens, Sanford, Trottier. Requires legislative management to consider studying the benefits and implications on tax policy of the forestry stewardship tax and report its findings to the 64th legislative assembly. Passed senate 46-1. Passed house 88-5. Signed by governor.

HCR 3010 - Introduced by Rep's Steiner, Delzer, Froseth, Hatlestad, Heller, Kreidt, Laning, Rohr, Schmidt, Onstad; Sen's Lyson, Unruh. A concurrent resolution urging Congress and the U.S. Army Corps of Engineers to ensure that access to Lake Sakakawea and Lake Oahe for agriculture, commerce, energy and water development, and recreation is not inhibited by unreasonable regulations and to address proper funding for all project purposes and weed control on Lake Sakakawea and Lake Oahe. Lake, dock and shoreline access must be included as agenda items to be discussed in a public hearing held in North Dakota in 2013. House adopted. Senate adopted.

HCR 3017 - Introduced by Rep's Brandenburg, Belter, Headland, Kempenich, Schmidt, Boe; Sen's Schaible, Wanzek, Dotzenrod, O'Connell. A concurrent resolution urging the U.S. Fish and Wildlife Service and the U.S. Department of Agriculture's Natural Resource Conservation Service to fairly administer water management laws and regulations in a manner that allows landowners and tenants certainty and cooperation in the management of these laws and regulations. House adopted. Senate adopted.

Failed/Withdrawn

HB 1141 - Introduced by Representative Nathe and Senator Miller. Would allow an individual at least age 16 to windsurf or boardsail without wearing a life jacket; would prohibit an individual from towing another individual on water skis, surfboard or other similar device between one hour after sunset to one hour before sunrise; and would allow a vessel equipped with a mirror with a wide field of vision to the rear to replace an observer while towing an individual on water skis, surfboard or similar device. Passed house 78-9. Senate Natural Resources Committee amended to require the mirror to be at least 78 square inches. In addition, a personal watercraft must have an observer while towing an individual. Recommended do-not-pass 4-3. Failed senate 16-31.

HB 1151 - Introduced by Rep's Frantsvog, Kreun, Maragos; Sen's Burckhard, Krebsbach. Would allow a member of the United States armed forces stationed in North Dakota and an individual in the member's family, if residing in the same household, to enter the lottery for deer and turkey licenses as a resident, even if the member or the individual in the member's family is a nonresident. Failed house 27-59.

HB 1169 - Introduced by Rep's Keiser, Klemin; Senator Kilzer. Would allow the court to suspend hunting, fishing and trapping privileges as a sentencing alternative. Passed house 72-22. Failed senate 10-36.

HB 1312 - Introduced by Rep's Wieland, Boehning, Kreidt, Nathe, Porter; Sen's Carlisle, G. Lee. Would require the Game and Fish Department to establish a boat landing on the former Missouri River correctional center property, after the center is relocated to the youth correctional center site. Passed house 87-6. Senate Government and Veterans Affairs Committee amended to remove the boat landing requirement. Amendment adopted. Failed senate 3-44.

HB 1313 - Introduced by Rep's J. Kelsh, Amerman, D. Johnson; Sen's Luick, Dotzenrod. Establishes a nonresident early Canada goose license for $50. Would allow nonresidents to hunt during the early Canada goose season in Richland, Sargent and Dickey counties without counting against the 14-day waterfowl license. Currently, the 14-day restriction does not apply in only Richland, Sargent, Benson, Ramsey and Towner counties. Failed house 5-87.

HB 1370 - Introduced by Rep's Kempenich, Beadle, Damschen, Hofstad, Porter; Sen's Armstrong, Carlisle. Would allow the director to raise hunting and fishing license fees by up to 20 percent per biennium. Failed house 26-67.

HB 1416 - Introduced by Representative Zaiser. Would prohibit a person from possessing a large capacity ammunition feeding device of more than 10 rounds. Withdrawn from consideration.

SB 2221 - Introduced by Sen's Erbele, Oehlke, Robinson; Rep's Brandenburg, Onstad. Would appropriate out of any moneys in the special road fund in the state treasury, not otherwise appropriated, the sum of $20,000,000, or so much of the sum as may be necessary, to the Department of Transportation for the purpose of providing grants to counties and townships for roadway improvements to scenic byway roads, scenic backways roads, and roads that provide access to recreational areas, for the biennium beginning July 1, 2013, and ending June 30, 2015. In addition, the special road committee may distribute a maximum of $2,500,000 of grants for projects located within the boundaries of each Department of Transportation district in the state. Passed senate 30-17. House Transportation Committee amended to remove the $2,500,000 grants within each district, recommended do-not-pass 8-6. Failed house 33-59.

SB 2248 - Introduced by Sen's Klein, Erbele, Hogue; Rep's Hofstad, Vigesaa, M. Nelson. Would allow a nonresident waterfowl hunter to purchase an additional seven-day waterfowl license for $125. Failed senate 23-23. 

SB 2365 - Introduced by Senator O'Connell; Rep's Hofstad, Hunskor, Wall. Would prohibit an individual from discharging a firearm on, over or within the right of way of a paved, gravel or loose surface highway, county road or township road at a big game animal. Failed senate 1-46.

SCR 4027 - Introduced by Sen's Axness, Sinner, Triplett; Rep's Guggisberg, S. Kelsh, Oversen. A concurrent resolution that would create an outdoor heritage fund from 4 percent of the total revenues from oil and gas production and extraction taxes and allows the fund to be administered by the outdoor heritage commission for clean water, lands and outdoor heritage. Failed senate 10-36.

SCR 4029 - Introduced by Sen's Dotzenrod, Armstrong, Poolman; Representative N. Johnson. A concurrent resolution directing the Legislative Management to study the economic activity surrounding the three units of the Theodore Roosevelt National Park and the North Dakota Badlands, including the Little Missouri River, to determine the best practices for sustaining and enhancing this unique and special part of North Dakota and the related tourism, recreation, oil and gas development, livestock and grassland-based agriculture, hunting, historical attractions, and quality of life. Failed senate.