72nd Legislative Session -- 1997
Committee: Senate State Affairs
Friday, February 21, 1997
P - Present
E - Excused
A - Absent
Roll Call
P
Dunn (Jim)
P
Everist
P
Munson (David)
P
Dunn (Rebecca)
P
Hunhoff
P
Lawler
P
Whiting
P
Rounds, Vice-Chair
P
Halverson, Chair
OTHERS PRESENT: See Original Minutes
The meeting was called to order by Senator Halverson, Chair.
MOTION:
TO APPROVE THE MINUTES OF FEBRUARY 19, 1997.
Moved by:
Senator Munson (David)
Second by:
Senator Dunn (Rebecca)
Action:
Prevailed by voice vote.
DEFER HB 1276 UNTIL Monday, February 24, 1997.
HB 1191:
to repeal the entrepreneurial loan program.
Presented by:
Senator Everist
DEFER HB 1191 UNTIL Monday, February 24, 1997.
HB 1274:
to assess the costs of rescue against vehicle operators who fail to heed
a notice of the temporary restriction or closing of a state trunk highway.
Proponents:
Bill Mickelson, SD Highway Patrol
Jim Keyes, Associated General Contractors
Presented by:
Clyde Pietz, SD Department of Transportion
MOTION:
DO PASS HB 1274
Moved by:
Senator Dunn (Rebecca)
Second by:
Senator Munson (David)
Action:
Prevailed by roll call vote.
(8-0-1-0)
Voting yes:
Dunn (Jim), Everist, Munson (David), Dunn (Rebecca), Hunhoff, Whiting,
Rounds, Halverson
Excused:
Lawler
HB 1188:
to repeal the provisions concerning a candidate's support of
congressional term limits.
Proponents:
Representative Chicoine
Representative Weber
Chris Nelson, Office of Secretary of State with Hand-out
Presented by:
Representative Barker
MOTION:
DO PASS HB 1188
Moved by:
Senator Rounds
Second by:
Senator Munson (David)
Action:
Prevailed by roll call vote.
(8-0-1-0)
Voting yes:
Dunn (Jim), Everist, Munson (David), Dunn (Rebecca), Hunhoff, Whiting,
Rounds, Halverson
Excused:
Lawler
HB 1205:
to increase the expense allowance of legislators.
Presented by:
Representative Donald Munson, fiscal note mentioned.
MOTION:
DO PASS HB 1205
Moved by:
Senator Lawler
Second by:
Senator Everist
Action:
Prevailed by roll call vote.
(6-3-0-0)
Voting yes:
Everist, Munson (David), Dunn (Rebecca), Lawler, Whiting, Halverson
Voting no:
Dunn (Jim), Hunhoff, Rounds
HB 1057:
to allow certain party hunting practices in the hunting of big game.
Proponents:
Senator Drake
Opponents:
Dan McCormick, SD Bow Hunters, Inc., Pierre
Leonard Spomer, self, Pierre
John Cooper, Secretary of Game, Fish and Parks
Roger Pries, SD Wildlife Federation
Doug Hansen, SD Game, Fish and Parks
Presented by:
Representative Belatti
MOTION:
DEFER HB 1057 UNTIL 41st day
Moved by:
Senator Everist
Second by:
Senator Whiting
Action:
Was not acted on.
MOTION:
SUBSTITUTE MOTION AMEND HB 1057
t-1057
On the House State Affairs committee engrossed bill,
delete everything after the enacting clause
and insert:
"
Section
1.
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 waterfowl without
a special nonresident waterfowl license 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 waterfowl for ten consecutive days.
Four dollars
Revenue
received from the sale of
each nonresident waterfowl license
shall be placed in the
in excess of four thousand annually shall
be placed in the Department of Game, Fish and Parks' 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
or to otherwise acquire real property to be used for providing
waterfowl hunting public access primarily in counties adjacent to the Missouri River. For each
of
the first four thousand
nonresident waterfowl
license
licenses
sold, an amount equal to the cost of
a habitat stamp shall be placed into the game, fish and parks fund and shall be used for the purpose
of restoring the state pheasant and wildlife populations as provided in
§
41-2-34.1. For each
of the
first four thousand
nonresident waterfowl
license
licenses
sold, an amount equal to the cost of the
waterfowl restoration stamp shall be included with the moneys collected from the sale of resident
waterfowl restoration stamps. 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 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 nonresident waterfowl license shall be valid during the same period as is
a resident waterfowl license.
The Game, Fish and Parks Commission
may issue no more than four thousand
may, by rules
promulgated pursuant to chapter 1-26, make available for issuance five thousand
nonresident
waterfowl
licenses in
a
calendar year
1997 and each year after. Any nonresident licenses in excess
of the first four thousand nonresident licenses in any year may only be used from November first
through the end of the hunting season. However, the number of licenses to be issued in excess of
four thousand annually shall be limited by the amount of money expended annually from the land
acquisition and development fund dedicated for acquiring waterfowl hunting public access. Pursuant
to the criteria and procedures contained in rules to be promulgated by the Game, Fish and Parks
Commission pursuant to chapter 1-26, the number of nonresident waterfowl licenses to be issued
annually in excess of four thousand shall be in a direct ratio of one license for each nonresident
license fee amount that is expended during that calendar year by the department from the land
acquisition and development fund to provide waterfowl hunting public access during that calendar
year. The Game, Fish and Parks Commission shall promulgate rules pursuant to chapter 1-26 to
implement the provisions of this section.
Section 2. That chapter 41-6 be amended by adding thereto a NEW SECTION to read as follows:
No person may organize or participate in a guided commercial hunting activity, as defined by
rules promulgated by the Game, Fish and Parks Commission pursuant to chapter 1-26, on lands
owned, leased, controlled, managed, or otherwise acquired by the state for wildlife management,
public hunting, or recreation purposes. A violation of this section is a Class 2 misdemeanor. The
Game, Fish and Parks Commission shall promulgate rules pursuant to chapter 1-26 to implement
the provisions of this section.
Section 3. Whereas, this Act is necessary for the support of the state government and its existing
public institutions, an emergency is hereby declared to exist, and this Act shall be in full force and
effect from and after its passage and approval.
"
Moved by:
Senator Rounds
Second by:
Senator Dunn (Jim)
Action:
Prevailed by voice vote.
MOTION:
TO AMEND TITLE OF HB 1057
t-1057t
On page
1
,
line 1 of the House State Affairs committee engrossed bill
,
delete everything after
"to"
and insert "
provide for additional public waterfowl hunting access through the sale of additional
nonresident waterfowl hunting licenses, to regulate certain commercial hunting activities, and to
declare an emergency.
"
On page
1
,
delete line
2
.
Moved by:
Senator Rounds
Second by:
Senator Munson (David)
Action:
Prevailed by voice vote.
DEFER HB 1057 UNTIL Monday, February 24, 1997.
HJR 1009:
Proposing and submitting to the electors at the next general election
amendments to Article IX of the Constitution of the State of South Dakota, relating
to the organization of local government.
Presented by:
Brent Wilbur, Pierre, at the request of the Governor. He displayed a map that had
historic meaning.
MOTION:
DO PASS HJR1009
Moved by:
Senator Munson (David)
Second by:
Senator Everist
Action:
Prevailed by roll call vote.
(6-0-3-0)
Voting yes:
Dunn (Jim), Everist, Munson (David), Hunhoff, Whiting, Halverson
Excused:
Dunn (Rebecca), Lawler, Rounds
Senator Dunn presiding.
HB 1223:
to provide for certain agency appeals to the Interim Rules Review
Committee during the rules promulgation process.
Presented by:
Senator Halverson
MOTION:
DO PASS HB 1223
Moved by:
Senator Everist
Second by:
Senator Munson (David)
Action:
Prevailed by roll call vote.
(7-0-2-0)
Voting yes:
Dunn (Jim), Everist, Munson (David), Dunn (Rebecca), Hunhoff, Whiting,
Halverson
Excused:
Lawler, Rounds
Senator Halverson presiding.
MOTION:
ADJOURN
Moved by:
Senator Dunn (Jim)
Second by:
Senator Everist
Action:
Prevailed by voice vote.
Alma Matzen
_________________________________
Committee Secretary
Harold W. Halverson, Chair
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