89th Legislative Session _ 2014

Committee: House Agriculture and Natural Resources
Tuesday, February 04, 2014

                                            P - Present
                                            E - Excused
                                            A - Absent

Roll Call
P    Bartling
P    Cammack
E    Craig
P    Feickert
P    Kopp
P    May
P    Olson (Betty)
P    Otten (Herman)
P    Qualm
P    Schoenfish
P    Schrempp
P    Schaefer, Vice-Chair
P    Hoffman, Chair

OTHERS PRESENT: See Original Minutes

The meeting was called to order by Representative Hoffman.

MOTION:    TO APPROVE THE MINUTES OF THURSDAY JANUARY 30TH, 2014

Moved by:    Qualm
Second by:    Olson (Betty)
Action:    Prevailed by voice vote.

    HB 1006: provide for the assessment and taxation of agricultural land based on its actual use.

Presented by:    Representative Jim Peterson (Handout: 1)
        Senator Larry Rhoden

MOTION:    TO TABLE HB 1006



Moved by:    Cammack
Second by:    Feickert
Action:    Prevailed by roll call vote. (12-0-1-0)

Voting Yes:    Bartling, Cammack, Feickert, Kopp, May, Olson (Betty), Otten (Herman), Qualm, Schoenfish, Schrempp, Schaefer, Hoffman

Excused:    Craig

    HB 1185: allow certain veterans and family members of residents to obtain nonresident waterfowl hunting privileges, and to establish a penalty.

Presented by:    Representative Dick Werner (Handout: 2)
Proponents:    Mark Lee Sioux Falls Chamber of Commerce
        Larry Steffen, SD Migratory Bird Association
        Michele Brich, SD Hotel & Lodging Association
        Lorin Pankratz, Visitor Industry Alliance
        David Owen SD Chamber of Commerce & Industry
        Shawn Lyons, SD Retailers Association
        Rosie Smith, Glacial Lakes & Prarie Towns Association
        Norbe Barrie, South Dakota Opportunity Group
        Julie Johnson, Aberdeen Hotel Alliance
Opponents:    Jeff Vonk, Department of Game, Fish and Parks (Handout: 3)
        Chris Hesla, SD Wildlife Federation
        George Vandel, Self, Pierre
        John Simpson, Self, Pierre
        Paul Lepisto, Izaak Walton League

MOTION:    AMEND HB 1185

1185ta

    On the printed bill, delete everything after the enacting clause and insert:

"    Section 1. That chapter 41-6 be amended by adding thereto a NEW SECTION to read as follows:

    In addition to the special nonresident waterfowl licenses provided for in § 41-6-18.1, the Department of Game, Fish and Parks shall offer for sale special nonresident waterfowl licenses as provided in this section. The additional licenses authorized pursuant to this section may be applied for, issued, and used only as provided in this section and as authorized by the Game, Fish and Parks Commission in rules promulgated pursuant to chapter 1-26. Any such additional license issued pursuant to this section entitles the licensee to hunt migratory waterfowl for two periods of five

consecutive days each. Sale of licenses pursuant to this section is not subject to, and does not affect, the license quotas established in §§ 41-6-18.1 and 41-6-18.4, except as provided in § 41-6-18.2. The price of licenses sold under this section is the same as special nonresident waterfowl licenses issued pursuant to § 41-6-18.1, and funds from the sale of licenses under this section shall be disbursed and used in the same manner as specified in § 41-6-18.1.

    A special nonresident waterfowl license issued pursuant to this section may only be issued to a nonresident applicant who is at least eighteen years old and is a family member of a South Dakota resident who sponsors the nonresident's license application. To qualify as a nonresident applicant, the applicant shall either provide proof of being born in South Dakota or have possessed a resident South Dakota hunting license during the applicant's lifetime. A nonresident family member who receives a license pursuant to this section shall be accompanied in the field by the designated family member sponsor. To qualify as a sponsor, a person shall be a South Dakota resident who is at least eighteen years old; who possesses a current resident hunting license, migratory bird certification permit, and a federal migratory bird stamp; and who is related to the nonresident applicant as a mother, father, brother, sister, son, daughter, grandparent, grandchild, brother-in-law, sister-in-law, son-in-law, daughter-in-law, father-in-law, or mother-in-law.

    It is a Class 1 misdemeanor for any person to knowingly and falsely make application to sponsor a nonresident hunter or knowingly and falsely make application to obtain a special nonresident waterfowl license under this Act, and that person shall lose all hunting privileges for one year following conviction.

    Section 2. That § 41-6-18.1 be amended to read as follows:

    41-6-18.1. It is a Class 2 misdemeanor for a nonresident to hunt, take, or kill migratory waterfowl without a special nonresident waterfowl license, a fall three-day temporary nonresident waterfowl license, early fall Canada goose temporary nonresident license, or a spring snow goose temporary nonresident license, a migratory bird certification permit, and a federal migratory bird stamp, or in violation of the conditions of the licenses or the rules of the Game, Fish and Parks Commission.

    A special nonresident waterfowl license, except as otherwise provided in this title, entitles the licensee to hunt migratory waterfowl for ten consecutive days. Four dollars received from the sale of each special nonresident waterfowl license shall be placed in the land acquisition and development fund. The moneys from this fund shall be used to acquire by purchase or lease real property to be used primarily for game production. This license shall be in such form as the Game, Fish and Parks Commission shall prescribe.

    The provision in this section limiting the validity of a special nonresident waterfowl license to ten consecutive days does not apply in Union, Clay, Bon Homme, Yankton, and Charles Mix counties; and in such counties, the special nonresident waterfowl license is valid during the same period as is a resident waterfowl license.

    The Except as provided in section 1 of this Act, the Game, Fish and Parks Commission may issue no more than four thousand special nonresident waterfowl licenses in a calendar year.

    Any nonresident applying for a nonresident license specified in this section who was born in South Dakota and who is a veteran as defined in § 33A-2-1 shall receive one preference point for each such license for which the person applies. "


Moved by:    Qualm
Second by:    Bartling
Action:    Prevailed by voice vote.

MOTION:    DO PASS HB 1185 AS AMENDED

Moved by:    Qualm
Second by:    Cammack
Action:    Prevailed by roll call vote. (11-1-1-0)

Voting Yes:    Bartling, Cammack, Feickert, Kopp, May, Olson (Betty), Qualm, Schoenfish, Schrempp, Schaefer, Hoffman

Voting No:    Otten (Herman)

Excused:    Craig

MOTION:    AMEND TITLE OF HB 1185

1185tta

    On page 1, line 1, of the printed bill, delete "veterans and".

    On page 1, line 2, after "privileges," insert "to provide preference for certain nonresident veterans,".


Moved by:    Olson (Betty)
Second by:    Schoenfish
Action:    Prevailed by voice vote.

    HB 1083: restrict the term of conservation easements.

Presented by:    Representative Betty Olson
Proponents:    David Sigdestad, Self
        Jerry Mork, Self, Pierpont
        Representative Jim Bolin
        Jeremiah M Murphy, SD Stockgrowers Association
Opponents:    Jeff Vonk, Department of Game, Fish and Parks
        George Vandel, Self, Pierre
        Tom Barnett, State Bar of SD
        Jerry Wilson, Self, Vermillion
        Bill Nevin, Department of Transportation
        Mark Koch, Self, Campbell County
        Bob Paulson, The Nature Conservancy, Rapid City
        Brenda Forman, SD Cattlemen's Association
        Paul Lepisto, Izaak Walton League (Handout: 4)
        South Dakota's Conservation Districts submitted written testimony. (Handout 5)
        Pheasants Forever submitted written testimony. (Handout 6)
        

        THE CHAIR DEFERRED HB 1083

MOTION:    ADJOURN

Moved by:    Feickert
Second by:    Otten (Herman)
Action:    Prevailed by voice vote.

Joshua Klumb

____________________________

Committee Secretary
Charles B. Hoffman, Chair


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