94^th Legislative Session _ 2019

Committee: House Agriculture and Natural Resources

Tuesday, February 12, 2019

                                            P - Present
                                            E - Excused
                                            A - Absent

Roll Call
P    Chase
P    Finck
P    Glanzer
P    Lesmeister
P    Livermont
P    Marty
P    Mulally
P    Otten (Herman)
P    Peterson (Kent)
E    Pourier
P    Randolph
P    Lake, Vice-Chair
P    Brunner, Chair

OTHERS PRESENT: See Original Minutes

The meeting was called to order by the Chair, Rep. Brunner.

MOTION:    TO APPROVE THE MINUTES OF FEBRUARY 7, 2019

Moved by:    Finck
Second by:    Peterson (Kent)
Action:    Prevailed by voice vote.

        THE CHAIR DEFERRED HB 1212

    HB 1152: provide for the permitting of outfitters and guides.

Presented by:    Representative Thomas Brunner
Proponents:    Justin Bell, Flatland Flyways

Opponents: Kelly Hepler, Secretary, Department of Game, Fish and Parks

MOTION: AMEND HB 1152

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

" Section 1. That the code be amended by adding a NEW SECTION to read:

Terms used in this Act mean:

(1) "Commission," the Game, Fish and Parks Commission;

(2) "Department," the Department of Game, Fish and Parks;

(3) "Person," any individual, partnership, association, corporation, or limited liability company;

(4) "Waterfowl outfitter," a person who provides or offers to provide waterfowl hunting access, assistance, guidance, or opportunity for a fee on private lands not owned by that person and who holds a waterfowl outfitter permit.

Section 2. That the code be amended by adding a NEW SECTION to read:

The department may issue and renew a waterfowl outfitter permit for a waterfowl outfitter. No person may act as a waterfowl outfitter without a permit as authorized by this Act. Nothing in this Act requires that a person possess a waterfowl outfitter permit to provide or offer to provide hunting access, assistance, guidance, or opportunity for waterfowl hunting on private lands owned by that person.

Section 3. That the code be amended by adding a NEW SECTION to read:

The fee for a waterfowl outfitter permit is:

(1) Two hundred dollars per calendar year for residents; and

(2) Two thousand dollars per calendar year for nonresidents.

Section 4. That the code be amended by adding a NEW SECTION to read:

The department shall approve an application and issue a waterfowl outfitter permit to any person making application if the person establishes that:

(1) The person proposes to comply with all of the provisions of this Act;

(2) The person is eighteen years old or older;

(3) The person has provided documentation that the person and the person's business operation are covered by general liability insurance against loss or expense due to accident or injury from outfitting services, at a minimum of one hundred thousand dollars per individual and three hundred thousand dollars per accident;

(4) The person has provided documentation that a sales and use tax license has been issued to the person by the Department of Revenue;

(5) The person shall provide services to the general public without restrictions as to race, color, or creed;

(6) The person has not, in the three years before submission of the application, been convicted of a state or federal criminal game or fish violation which resulted in the person's license to hunt or fish being suspended or revoked. Additionally, the department may perform a background search for criminal game or fish violations on the person on initial application and on each renewal;

(7) If an application is for a business entity, the person shall be an agent of the business entity and agree to be held personally responsible to the department for the conduct of the outfitter's operations in addition to the business entity, the person shall be actively and regularly employed in and responsible for the management, supervision, and operation of the outfitting business, and the department may only issue an outfitter permit to a business entity if the agent of the entity who serves as the person is qualified to conduct the business of outfitting as set forth in this section; and

(8) A person has held a license to hunt waterfowl in this state for each year for the past three years in a manner directly contributing to the individual's experience and competency as a waterfowl outfitter.

The department shall notify a person of the department's decision to approve or deny the application within one hundred twenty days of receipt of a completed application. The department shall mail notification to the person by certified mail, return receipt requested.

Section 5. That the code be amended by adding a NEW SECTION to read:

An application for a waterfowl outfitter permit shall include a description of the private property the person intends to provide hunting access. The description may not include land which is open to public hunting. Upon receipt of the application for a waterfowl outfitter permit, the department may inspect the property described in the application, including any facilities. The waterfowl outfitter permit may provide hunting access, assistance, guidance, or opportunity on private property other than the property described in the application if the private property is located in the same county as property described in the application.

Section 6. That the code be amended by adding a NEW SECTION to read:

If a person is denied a waterfowl outfitter permit by the department, the person may make a written request to the department for a contested case hearing before the commission pursuant to

chapter 1-26. The person shall mail the written request to the department by certified mail, return receipt requested, before eleven days have elapsed from the date that the notice of denial was received by the person.

Section 7. That the code be amended by adding a NEW SECTION to read:

The commission may, pursuant to chapter 1-26, revoke or suspend a waterfowl outfitter permit for any violation of this Act or any of the rules of the commission committed by the waterfowl outfitter or any person involved in the waterfowl outfitter's operation.

Section 8. That the code be amended by adding a NEW SECTION to read:

A waterfowl outfitter may appeal to the circuit court pursuant to chapter 1-26 within ten days after a decision of the commission to suspend or revoke a waterfowl outfitter permit. The circuit court may take additional evidence in any action which is appealed from the administrative determination.

Section 9. That § 41-4-13 be amended to read:

41-4-13. No person, acting as a hunting guide as defined in § 41-4-12, or waterfowl outfitter, as defined in section 1 of this Act, may guide any hunting activity on state-owned or managed game production areas, state parks, recreation areas, and lakeside use areas, federal land leased or under agreement to the state which is posted as a game production area and managed for wildlife purposes, or private land leased or under agreement to the department for the purpose of providing public access, or on highways or other public rights-of-way within this state that otherwise meet the requirements of § 41-9-1.3, except that a hunting guide or waterfowl outfitter or employees of a hunting guide or waterfowl outfitter may guide a hunting activity on the road right-of-way immediately adjacent to property owned or leased by the hunting guide or waterfowl outfitter. A violation of this section is a Class 1 misdemeanor. "

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

MOTION:    AMEND TITLE OF HB 1152

On page 1, line 1, of the printed bill, delete everything after "permitting of" and insert "waterfowl outfitters.".

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

MOTION:    TO TABLE HB 1152

Moved by:    Peterson (Kent)
Second by:    Lesmeister
Action:    Prevailed by roll call vote. (12-0-1-0)

Voting Yes:    Chase, Finck, Glanzer, Lesmeister, Livermont, Marty, Mulally, Otten (Herman), Peterson (Kent), Randolph, Lake, Brunner

Excused:    Pourier

    SB 40: authorize the transfer of certain real property to the Animal Industry Board.

Presented by:    Barry Dunn, SDSU
Proponents:    Dr. Dustin Oedekoven, Animal Industry Board
        Brenda Forman, South Dakota Ag Unity

MOTION:    DO PASS SB 40

Moved by:    Finck
Second by:    Peterson (Kent)
Action:    Prevailed by roll call vote. (12-0-1-0)

Voting Yes:    Chase, Finck, Glanzer, Lesmeister, Livermont, Marty, Mulally, Otten (Herman), Peterson (Kent), Randolph, Lake, Brunner

Excused:    Pourier

    SB 43: redirect funding to a collaborative program in rural veterinary medical education and to provide tax revenue for the support of veterinary students.

Presented by:    Barry Dunn, SDSU (Handout(s): 1)
Proponents:    John Killefer, SDSU
        Elle Moon, self, Brookings
        Sage Mowry, self, Brookings
        Dr. Dustin Oedekoven, Animal Industry Board
        Jennifer Stalley, South Dakota Veterinary Medical Association

        Michael Held, South Dakota Farm Bureau Federation
        Brenda Forman, South Dakota Cattlemen's Association
        Brenda Forman, South Dakota Farm Bureau
        Lorin D Pankratz, South Dakota Soybean Association

MOTION:    DO PASS SB 43

Moved by:    Peterson (Kent)
Second by:    Mulally
Action:    Prevailed by roll call vote. (12-0-1-0)

Voting Yes:    Chase, Finck, Glanzer, Lesmeister, Livermont, Marty, Mulally, Otten (Herman), Peterson (Kent), Randolph, Lake, Brunner

Excused:    Pourier

MOTION:    ADJOURN

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

Mary Kirk

____________________________

Committee Secretary

Thomas J. Brunner, Chair

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