75th Legislative Session -- 2000

Committee: Senate Agriculture and Natural Resources

Tuesday, February 1, 2000

                                            P - Present
                                            E - Excused
                                            A - Absent

Roll Call
P      Brosz
P      Brown (Arnold)
P      Halverson
P      Ham
P      Kloucek
P      Reedy
P      Symens
P      Vitter, Vice-Chair
P      Dunn (Jim), Chair


OTHERS PRESENT: See Original Minutes

The meeting was called to order by Senator Vitter, Vice Chair


MOTION:      TO APPROVE THE MINUTES OF Thursday, January 27, 2000

Moved by:      Senator Halverson
Second by:      Senator Brown (Arnold)
Action:      Prevailed by voice vote.

          SB 150:   authorize additional nonresident waterfowl licenses.


MOTION:      Suspend rules to consider SB 150

Moved by:      Senator Brown (Arnold)
Second by:      Senator Halverson
Action:      Prevailed by roll call vote.   (8-0-1-0)

Voting yes:      Brosz, Brown (Arnold), Halverson, Ham, Kloucek, Reedy, Symens, Vitter

Excused:      Dunn (Jim)

        The Gavel was turned over to Senator Dunn, Chairman



          SB 205:   provide management authority to the Department of Game, Fish and Parks over certain property being acquired from the United States.

Proponents:      John Cooper, Secretary, Department of Game, Fish & Parks

Opponents:      Brad Reis, Self

MOTION:      DO PASS SB 205

Moved by:      Senator Halverson
Second by:      Senator Brown (Arnold)
Action:      Prevailed by roll call vote.   (8-0-1-0)

Voting yes:      Brown (Arnold), Halverson, Ham, Kloucek, Reedy, Symens, Vitter, Dunn (Jim)

Excused:      Brosz

          SB 29:   designate areas within the state park system where a park license may be required and to declare an emergency.

Proponents:      Doug Hofer, Game, Fish & Parks

MOTION:      AMEND SB 29

29ta

     On page 2 , delete lines 9 to 11 of the printed bill , inclusive .


Moved by:      Senator Halverson
Second by:      Senator Symens
Action:      Prevailed by voice vote.

MOTION:      DO PASS SB 29 AS AMENDED

Moved by:      Senator Halverson
Second by:      Senator Vitter
Action:      Prevailed by roll call vote.   (8-0-1-0)

Voting yes:      Brown (Arnold), Halverson, Ham, Kloucek, Reedy, Symens, Vitter, Dunn (Jim)

Excused:      Brosz


MOTION:
     TO AMEND TITLE OF SB 29

29tta

     On page 1 , line 2 of the printed bill , delete " and to declare an emergency " .


Moved by:      Senator Brown (Arnold)
Second by:      Senator Vitter
Action:      Prevailed by voice vote.

          SB 133:   provide for fair practices in agricultural production contracts.

Proponents:      Senator Kloucek
          Frank Zwiber, Self
          Jerome Powers, Self

Opponents:      Loren Pankratz, South Dakota Pork Producers Council
          Steve Willard, South Dakota Cattlemen's Association
        Lester Moeller, Self
        Rick Vallery, South Dakota Wheat Inc.
        Brenda Forman, South Dakota Association of Cooperatives
        Jerimiah Murphy, John Morrell & Company
        Darrell Cruea, Secretary, Department of Agriculture

MOTION:      TO TABLE SB 133

Moved by:      Senator Brown (Arnold)
Second by:      Senator Halverson
Action:      Prevailed by roll call vote.   (8-1-0-0)

Voting yes:      Brosz, Brown (Arnold), Halverson, Ham, Reedy, Symens, Vitter, Dunn (Jim)

Voting no:      Kloucek

          SB 150:   authorize additional nonresident waterfowl licenses.

Proponents:      Senator Frederick
          Doug Hanson, Game, Fish & Parks
          David Nauman, South Dakota Wildlife Federation
        Dean Hyde, Self

Opponents:      Richard Barnett, United Sportsmen for South Dakotans


MOTION:      AMEND SB 150

150ta

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

"
     Section 1. That § 41-6-10 be amended to read as follows:

     41-6-10.   Licenses, permits, and stamps issued under this title are classified as follows:

             (1)      Disabled hunter permit;

             (2)      Export bait dealer license;

             (2A)      Fall three-day temporary nonresident waterfowl license;

             (3)      Fur dealer's license;

             (4)      Hoop net, trap or setline license;

             (5)      License for breeding and domesticating animals and birds;

             (6)      License to take fur-bearing animals;

             (7)      Nonresident big game license;

             (8)      Nonresident fishing license;

             (9)      Nonresident predator/varmint license;

             (10)      Repealed by SL 1999, ch 213, §   3.

             (11)      Nonresident retail bait dealer license;

             (12)      Nonresident shooting preserve license;

             (13)      Nonresident small game license;

             (14)      Nonresident and resident migratory bird certification permit;

             (15)      Nonresident wholesale bait dealer license;

             (16)      Nonresident wild turkey license;

             (17)      Nursing facility group fishing license;

             (18)      Park user's license;
            
    (19)      Permit for transportation of big game animal;

             (20)      Private fish hatchery license;

             (21)      Resident big game license;

             (22)      Resident elk license;

             (23)      Resident fishing license and resident senior fishing license;

             (24)      Repealed by SL 1999, ch 213, §   3.

             (25)      Resident retail bait dealer license;

             (26)      Resident small game license and resident youth small game license;

             (27)      Resident predator/varmint license;

             (28)      Resident wholesale bait dealer license;

             (29)      Resident wild turkey license;

             (30)      Scientific collector's license;

             (31)      Special nonresident waterfowl license;

             (32)      Repealed by SL 1999, ch 213, §   3.

             (33)      Taxidermist's license;

             (33A)      Spring five-day snow goose temporary nonresident waterfowl license;

             (33B)    Early fall Canada goose temporary nonresident license;

             (34)      Temporary fishing and hunting licenses.

     The rights and privileges of such licensees are set forth in § § 41-6-12 to 41-6-45.1, inclusive, and in § 41-17-13. The Game, Fish and Parks Commission shall promulgate rules pursuant to chapter 1-26 to set the fees, eligibility, and duration for such licenses.

     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 five-day snow goose

temporary nonresident waterfowl, 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 Game, Fish and Parks Commission may issue no more than four thousand nonresident waterfowl licenses in a calendar year.

     Section 3. That § 41-6-18.4 be amended to read as follows:

     41-6-18.4.   The Game, Fish and Parks Commission may promulgate rules in accordance with chapter 1-26 to authorize the department to issue up to two thousand fall three-day temporary nonresident waterfowl licenses , up to two thousand early fall Canada goose temporary nonresident licenses, and a number of spring five-day snow goose temporary nonresident waterfowl licenses to be determined by the department, and to establish the fee therefor, validity of the licenses issued, types of waterfowl to be hunted, and areas in which hunting is permitted. The fall three-day temporary nonresident waterfowl licenses are valid only on private property, but are not valid on private property leased by the department for public hunting or on highways or other public rights-of-way within this state that otherwise meet the requirements of §  41-9-1.3. Revenue from the sale of fall three-day temporary nonresident waterfowl licenses shall be deposited in the department's land acquisition and development fund to be used to acquire, by lease, permit, or otherwise, interests in real property to be used for providing waterfowl hunting public access in the counties adjacent to the Missouri River. Revenue from the sale of early fall Canada goose temporary nonresident licenses shall be deposited in the department's land acquisition and development fund to be used to acquire by lease, permit, or otherwise, interests in real property to be used for providing waterfowl hunting public access. Before promulgating rules which permit the issuance of fall three-day temporary nonresident waterfowl licenses, the commission shall determine that adequate waterfowl hunting public access has been provided through the department's land acquisition and development fund or through other means.

     Section 4. That § 41-6-72 be amended to read as follows:

     41-6-72.   Licenses issued under this title shall expire on at the end of the last day of December of the calendar year for which they were issued unless specified otherwise in this chapter or as limited or provided by the applicable license and rules promulgated by the Game, Fish and Parks

Commission in accordance with chapter 1-26. Waterfowl hunting licenses expire at the end of the last day of the hunting season for which the license was issued .

     Section 5. That § 41-6-15 be repealed.

     41-6-15.   Any hunting or fishing license shall expire on the last day of December in the year in which it was purchased or as limited and provided by the applicable license.

     Section 6. The issuance, licensure, and revenue dedication requirements relating to early fall Canada goose temporary nonresident licenses contained in sections 1 to 3, inclusive, of this Act are repealed on June 30, 2003. "



Moved by:      Senator Halverson
Second by:      Senator Symens
Action:      Prevailed by voice vote.

MOTION:      DO PASS SB 150 AS AMENDED

Moved by:      Senator Halverson
Second by:      Senator Brown (Arnold)
Action:      Prevailed by roll call vote.   (8-0-1-0)

Voting yes:      Brosz, Brown (Arnold), Halverson, Ham, Reedy, Symens, Vitter, Dunn (Jim)

Excused:      Kloucek

MOTION:      PLACE SB 150 ON CONSENT

Moved by:      Senator Halverson
Second by:      Senator Reedy
Action:      Prevailed by voice vote.

MOTION:      ADJOURN

Moved by:      Senator Halverson
Second by:      Senator Brosz
Action:      Prevailed by voice vote.



Cynthia L. Mercer

_________________________________

Committee Secretary
Jim B. Dunn, Chair


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