73rd Legislative Session -- 1998

Committee: House State Affairs

Monday, February 2, 1998

                                            P - Present
                                            E - Excused
                                            A - Absent

Roll Call
P      Broderick
P      Brown (Richard)
P      Cutler
P      Hagg
P      Hunt
P      Jorgensen
P      Roe
P      Haley
P      Koetzle
P      Lucas
P      Schaunaman
P      Pederson (Gordon), Vice-Chair
P      Gabriel, Chair


OTHERS PRESENT: See Original Minutes

The meeting was called to order by Chairman Larry E. Gabriel.


          HB 1184:   to require the Department of Games, Fish and Parks to request approval of the county commissioners before any taxable real property is purchased or accepted as a gift or donation.

Proponents:      Pat Trask, self, Elm Springs
          Marie Ingalls, lobbyist, Farm Bureau
          Jim Lintz, lobbyist, SD Landowners Association, Hermosa
Opponents:      John Cooper, Secretary, SD Department of Game, Fish and Parks
          Dean Hyde, self, Pierre
          John Simpson, self, Pierre
Comments by:      Representative John Koskan

MOTION:      DEFER HB 1184 UNTIL THE 36TH LEGISLATIVE DAY

Moved by:      Representative Hagg
Second by:      Representative Lucas


Action:      Prevailed by roll call vote.   (13-0-0-0)

Voting yes:      Broderick, Brown (Richard), Cutler, Hagg, Hunt, Jorgensen, Roe, Haley, Koetzle, Lucas, Schaunaman, Pederson (Gordon), Gabriel

          HB 1089:   to revise certain provisions regarding the killing or taking of elk and turkey which are damaging property.

Proponents:      Jim Lintz, lobbyist, SD Landowners Association, Hermosa
Opponents:      None
Clarification:      Doug Hanson, Director, Wildlife Division, SD Department of Game, Fish & Parks

MOTION:      AMEND HB 1089

r-1089

     On page 1 , line 12 of the printed bill , overstrike " first giving two days' " and insert " providing " .

     On page 1 , line 12 , after " notice " overstrike " to " and insert " received by " .

     On page 1 , line 13 , after " Parks, " insert " forty-eight hours in advance, " .

     On page 1 , line 14 , after " antelope. " insert " Reasonable action does not include the shooting or killing of the animal unless the person has first obtained a permit to kill the animal issued pursuant to §  41-6-29. " .

     On page 2 , line 4 , delete " first giving two days' " and insert " providing " .

     On page 2 , line 4 , after " notice " delete " to " and insert " received by " .

     On page 2 , line 5 , after " Parks, " insert " forty-eight hours in advance, " .

     On page 2 , line 6 , after " turkeys. " insert " Reasonable action does not include the shooting or killing of the animal unless the person has first obtained a permit to kill the animal issued pursuant to §  41-6-29. " .

     On page 2 , line 13 , delete " first giving two days' " and insert " providing " .

     On page 2 , line 13 , delete " to " and insert " received by " .

     On page 2 , line 13 , after " Parks, " insert " forty-eight hours in advance, " .

     On page 2 , line 15 , after " turkeys. " insert " Reasonable action does not include the shooting or killing of the animal unless the person has first obtained a permit to kill the animal issued pursuant to §  41-6-29. " .


Moved by:      Representative Pederson (Gordon)
Second by:      Representative Schaunaman
Action:      Was not acted on.

MOTION:      AMEND HB 1089 BY DIVIDING THE QUESTION.

r-1089a

     On page 1 , line 12 of the printed bill , overstrike " first giving two days' " and insert " providing " .

     On page 1 , line 12 , after " notice " overstrike " to " and insert " received by " .

     On page 1 , line 13 , after " Parks, " insert " forty-eight hours in advance, " .

     On page 2 , line 4 , delete " first giving two days' " and insert " providing " .

     On page 2 , line 4 , after " notice " delete " to " and insert " received by " .

     On page 2 , line 5 , after " Parks, " insert " forty-eight hours in advance, " .

     On page 2 , line 13 , delete " first giving two days' " and insert " providing " .

     On page 2 , line 13 , delete " to " and insert " received by " .

     On page 2 , line 13 , after " Parks, " insert " forty-eight hours in advance, " .


Moved by:      Representative Pederson (Gordon)
Second by:      Representative Schaunaman
Action:      Prevailed by voice vote.

MOTION:      DO PASS HB 1089 AS AMENDED

Moved by:      Representative Jorgensen
Second by:      Representative Cutler
Action:      Prevailed by roll call vote.   (8-3-2-0)

Voting yes:      Broderick, Cutler, Jorgensen, Roe, Haley, Schaunaman, Pederson (Gordon), Gabriel

Voting no:      Brown (Richard), Koetzle, Lucas

Excused:      Hagg, Hunt

          HB 1013:   to provide for the issuance of a landowner license to hunt certain big game animals.



MOTION:      DO PASS HB 1013

Moved by:      Representative Lucas
Second by:      Representative Schaunaman
Action:      Prevailed by roll call vote.   (8-2-3-0)

Voting yes:      Cutler, Roe, Haley, Koetzle, Lucas, Schaunaman, Pederson (Gordon), Gabriel

Voting no:      Brown (Richard), Jorgensen

Excused:      Broderick, Hagg, Hunt

          HB 1269:   to provide for a method of redemption of landowner's coupons and hunter's coupons for the harvesting of deer by hunters on certain lands, to revise certain Game, Fish and Parks Commission rules relating to trophy buck licenses, and to provide certain penalties.

Proponents:      Marie Ingalls, lobbyist, Farm Bureau
          Gerald Wetz, self, Sturgis
          Chuck Clayton, lobbyist, SD Wildlife Federation, Huron
          Leonard Spomer, self, Pierre
          Doug Hanson, Director, Division of Wildlife, SD Game, Fish & Parks
Opponents:      Jim Lintz, lobbyist, SD Landowners Association, Hermosa

MOTION:      AMEND HB 1269

r-1269a

     On page 2 , delete lines 3 to 12 of the printed bill , inclusive .


Moved by:      Representative Brown (Richard)
Second by:      Representative Broderick
Action:      Prevailed by voice vote.

MOTION:      AMEND HB 1269

r-1269

     On page 1 , line 6 of the printed bill , after " license " insert " , except special youth licenses, " .


Moved by:      Representative Brown (Richard)
Second by:      Representative Broderick
Action:      Prevailed by voice vote.

MOTION:      AMEND HB 1269

r-1269b

     On page 2 , line 17 of the printed bill , after " coupons " insert " and subdivisions (27) and (28) of ARSD 41:06:02:03 " .


Moved by:      Representative Pederson (Gordon)
Second by:      Representative Brown (Richard)
Action:      Failed by show of hands..

MOTION:      AMEND HB 1269

r-1269f

     On page 3 , line 2 of the printed bill , delete " 300 " and insert " 400 " .

     On page 3 , line 3 , delete " 300 " and insert " 400 " .

     On page 3 , after line 9 , insert:

"      Section 10. The Game, Fish and Parks Commission shall, by rule, provide that the trophy buck deer license drawing provided for in section 7 of this Act shall be conducted prior to any other deer license drawing that the commission may authorize. "



Moved by:      Representative Broderick
Second by:      Representative Brown (Richard)
Action:      Was not acted on.

MOTION:      SUBSTITUTE MOTION AMEND HB 1269

r-1269g

     On page 2 , delete lines 22 to 24 of the printed bill , inclusive .

     On page 3 , delete lines 1 to 9 , inclusive .


Moved by:      Representative Cutler
Second by:      Representative Jorgensen
Action:      Prevailed by voice vote.

MOTION:      AMEND HB 1269

r-1269e

     On page 3 , after line 9 of the printed bill , insert:

"      Section 10. That § 41-6-19.3 be amended to read as follows:

     41-6-19.3.   If a resident farmer or rancher who owns or leases the prescribed minimum acreage one hundred sixty acres of farm or ranch land to qualify for landowner preference, and who actually resides on the land, or is an owner-operator of the land, or a member of the farmer or rancher's immediate family also residing on the land has not received a big game license pursuant to §   41-6-19 during the west river prairie deer season, east river deer season, or west river firearm antelope season set by the Game, Fish and Parks Commission pursuant to §   41-2-18 and all available permits for the taking of antlered deer or buck antelope have been issued for the hunting unit in which the person's land is located, the person may apply no earlier than twenty days prior to the commencement of the applicable season for a limited permit to hunt one antlered deer or buck antelope. No more than If three hundred twenty acres are so situated, two limited permits may be applied for by each farm or ranch household. For any farm or ranch west of the Missouri River, the qualifying acreages are doubled, respectively. Upon receipt of the application submitted on a form prescribed by the commission, the Department of Game, Fish and Parks shall issue a limited permit that restricts the holder to the taking of one animal as designated on the permit only from the farm or ranch lands specified in the application. The holder of the permit may not take any big game animal from land owned or leased by other persons. Any license issued pursuant to this section shall be one-half of the cost of the equivalent nonlandowner license. "



Moved by:      Representative Broderick
Second by:      Representative Brown (Richard)
Action:      Prevailed by voice vote.

          HB 1287:   to permit certain landowners to sponsor individual hunters in the deer license drawing and to prescribe certain conditions for such licenses.

Proponents:      Pat Trask, self, SD Landowners Association, Elm Springs
          Marie Ingalls, lobbyist, Farm Bureau
Opponents:      None


          HB 1219:   to revise procedures for the issuance of deer hunting licenses.

Opponents:      Jim Lintz, lobbyist, SD Landowners Association, Hermosa
          John Simpson, self, Pierre
Comments by:      Representative John Koskan

MOTION:      DEFER HB 1219 UNTIL THE 36TH LEGISLATIVE DAY

Moved by:      Representative Lucas
Second by:      Representative Brown (Richard)
Action:      Prevailed by roll call vote.   (9-2-2-0)

Voting yes:      Broderick, Brown (Richard), Cutler, Roe, Haley, Koetzle, Lucas, Schaunaman, Pederson (Gordon)

Voting no:      Jorgensen, Gabriel

Excused:      Hagg, Hunt

          HCR 1001:   Expressing legislative intent with reference to a pilot program for West River deer license allocation and hunter access.

Opponents:      Jim Lintz, lobbyist, SD Landowners Association, Hermosa
          Chris Hesla, President, SD Wildlife Federation, Pierre

MOTION:      TO DEFER ACTION ON HCR 1001, HB 1269 AND HB 1287 UNTIL MONDAY, FEBRUARY 9, AND APPOINT A SUB-COMMITTEE

Moved by:      Representative Jorgensen
Second by:      Representative Roe
Action:      Prevailed by voice vote.

Chairman Gabriel appointed a sub-committee. Serving on the committee are Representative Jorgensen, chair, Representatives Pederson, Brown, Schaunaman and Haley. The committee will meet on Tuesday, February 3, after session and on Wednesday, February 4, at 7:00 AM, if necessary.

MOTION:
     ADJOURN

Moved by:      Representative Pederson (Gordon)
Second by:      Representative Koetzle
Action:      Prevailed by voice vote.



Clara Shelbourn

_________________________________

Committee Secretary
Larry E. Gabriel, Chair


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