The Senate Energy and Natural Resources Committee set aside House Bill 14 70 after extended questioning about how the Game and Fish Department administers outfitter and guide examinations and whether the statute’s 90‑day restriction should be modified or an electronic testing option introduced.

Issue summary: Current law requires the director to “administer examinations at least twice a year” and contains language that “an examination may not be given within 90 days after the previous examination.” The committee considered department‑proposed language that would allow the director discretion to administer examinations outside that 90‑day window in cases of demonstrated hardship. The change was offered after a specific situation in which an outfitter’s prospective guide needed testing within the 90‑day period to meet a booked hunting season.

Department testimony and operational constraints: Scott Winkelman (Chief, Game and Fish) explained the department updated administrative rules to allow electronic administration but has not implemented an online test because the vendor solutions the department evaluated were costly and the agency does not charge a test fee. He said the department generally offers the examination twice a year at set dates in Bismarck, with roughly 10–25 test takers per session, and that the test is open‑book, typically multiple choice, two hours long, and requires an 80% passing score. Winkelman said the department could administer tests more often under current law provided tests are at least 90 days apart, and that the proposed amendment would permit exemptions for “undue hardship” so the department could accommodate urgent cases.

Options discussed by senators: Committee members proposed several alternatives during questioning — remove or reduce the 90‑day restriction, adopt a fee for retakes to discourage repeated attempts, expand scheduled tests to other locations or times, or implement an online testing platform that charges per test. Game and Fish said an online testing platform is possible and that the department changed rules to permit it; the department is researching solutions that would not impose large costs on the state or trainees. Winkelman said the department is open to providing extra tests when justified and that the amendment language allowing discretion for hardship would solve the recent unique case.

Outcome: Committee members agreed more work is needed. Senator Van Oosting said the bill should be set aside so stakeholders can continue to develop workable language with Game and Fish. The bill was not advanced at this hearing; committee members asked staff and the department to continue discussions on potential language, electronic testing logistics, and whether legislative authority is needed for any test fee.