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HJR011....................................................by WAYS AND MEANS HUNTING - FISHING - TRAPPING - Proposes a new section to the Constitution of the State of Idaho to provide that all wildlife within the state of Idaho is the property of the state of Idaho and shall be preserved, protected, perpetuated and managed for the continued benefit of the people; to provide that the taking of wildlife, including all wild animals, birds and fish, by hunting, fishing and trapping is a valued part of our heritage and shall be preserved for the people; to provide that wildlife shall be managed by laws, restrictions and rules that provide people with the continued opportunity to hunt, fish and trap; to provide that the right of people to hunt, fish and trap shall not be prohibited, but is subject to reasonable laws, regulations and rules that conserve fish and wildlife and provide people with the continued opportunity to hunt, fish and trap; and to provide that the rights set forth do not create a right to trespass on private property or lead to a diminution of other private rights and shall not be construed to prohibit or in any way affect rights established to divert, appropriate and use water pursuant to article XV or the statutes and rules enacted pursuant thereto, or to establish any minimum amount of water in any stream, river, lake, reservoir or other watercourse or water body. 02/20 House intro - 1st rdg - to printing 02/23 Rpt prt - to Res/Con 02/26 Rpt out - rec d/p - to 2nd rdg 02/27 2nd rdg - to 3rd rdg 03/02 3rd rdg - PASSED - 54-13-3 AYES -- Andersen, Barraclough, Bedke, Bell, Black, Block, Boe, Bolz, Bradford, Campbell, Cannon, Clark, Collins, Cuddy, Deal, Denney, Douglas, Edmunson, Ellsworth, Eskridge, Field(18), Field(23), Gagner, Garrett, Henbest, Jaquet, Jones, Lake, Langhorst, Martinez, McGeachin, Meyer, Miller, Mitchell, Naccarato, Nielsen, Pasley-Stuart, Raybould, Ridinger, Ring, Ringo, Robison, Rydalch, Sayler, Schaefer, Shepherd, Shirley, Skippen, Smith(30), Smith(24), Smylie, Snodgrass, Stevenson, Wills NAYS -- Barrett, Bauer, Bayer, Crow, Eberle, Harwood, Kellogg, Kulczyk, Langford, McKague, Sali, Trail(Bennett), Wood Absent and excused -- Moyle, Roberts, Mr. Speaker Floor Sponsor - Edmunson Title apvd - to Senate 03/03 Senate intro - 1st rdg - to Res/Env
]]]] LEGISLATURE OF THE STATE OF IDAHO ]]]] Fifty-seventh Legislature Second Regular Session - 2004IN THE HOUSE OF REPRESENTATIVES HOUSE JOINT RESOLUTION NO. 11 BY WAYS AND MEANS COMMITTEE 1 A JOINT RESOLUTION 2 PROPOSING AN AMENDMENT TO ARTICLE I, OF THE CONSTITUTION OF THE STATE OF 3 IDAHO, BY THE ADDITION OF A NEW SECTION 23, ARTICLE I, TO PROVIDE THAT ALL 4 WILDLIFE WITHIN THE STATE OF IDAHO IS THE PROPERTY OF THE STATE OF IDAHO 5 AND SHALL BE PRESERVED, PROTECTED, PERPETUATED AND MANAGED FOR THE CONTIN- 6 UED BENEFIT OF THE PEOPLE, TO PROVIDE THAT THE TAKING OF WILDLIFE, INCLUD- 7 ING ALL WILD ANIMALS, BIRDS AND FISH, BY HUNTING, FISHING AND TRAPPING IS 8 A VALUED PART OF OUR HERITAGE AND SHALL BE PRESERVED FOR THE PEOPLE, TO 9 PROVIDE THAT WILDLIFE SHALL BE MANAGED BY LAWS, RESTRICTIONS AND RULES 10 THAT PROVIDE PEOPLE WITH THE CONTINUED OPPORTUNITY TO HUNT, FISH AND TRAP, 11 TO PROVIDE THAT THE RIGHT OF PEOPLE TO HUNT, FISH AND TRAP SHALL NOT BE 12 PROHIBITED, BUT IS SUBJECT TO LAWS, REGULATIONS AND RULES THAT CONSERVE 13 FISH AND WILDLIFE AND PROVIDE PEOPLE WITH THE CONTINUED OPPORTUNITY TO 14 HUNT, FISH AND TRAP, AND TO PROVIDE THAT THE RIGHTS SET FORTH DO NOT CRE- 15 ATE A RIGHT TO TRESPASS ON PRIVATE PROPERTY OR LEAD TO A DIMINUTION OF 16 OTHER PRIVATE RIGHTS AND SHALL NOT BE CONSTRUED TO PROHIBIT OR IN ANY WAY 17 AFFECT RIGHTS ESTABLISHED TO DIVERT, APPROPRIATE AND USE WATER PURSUANT TO 18 ARTICLE XV OR THE STATUTES AND RULES ENACTED PURSUANT THERETO, OR TO 19 ESTABLISH ANY MINIMUM AMOUNT OF WATER IN ANY STREAM, RIVER, LAKE, RESER- 20 VOIR OR OTHER WATERCOURSE OR WATER BODY; STATING THE QUESTION TO BE SUB- 21 MITTED TO THE ELECTORATE; DIRECTING THE LEGISLATIVE COUNCIL TO PREPARE THE 22 STATEMENTS REQUIRED BY LAW; AND DIRECTING THE SECRETARY OF STATE TO PUB- 23 LISH THE AMENDMENT AND ARGUMENTS AS REQUIRED BY LAW. 24 Be It Resolved by the Legislature of the State of Idaho: 25 SECTION 1. That Article I, of the Constitution of the State of Idaho be 26 amended by the addition of a NEW SECTION, to be known and designated as Sec- 27 tion 23, Article I, of the Constitution of the State of Idaho, and to read as 28 follows: 29 SECTION 23. RIGHT TO HUNT, FISH AND TRAP. All wildlife within 30 the state of Idaho is the property of the state of Idaho and shall be 31 preserved, protected, perpetuated and managed for the continued bene- 32 fit of the people. The taking of wildlife, including all wild ani- 33 mals, birds and fish, by hunting, fishing and trapping is a valued 34 part of our heritage and shall be preserved for the people. Wildlife 35 shall be managed by laws, restrictions and rules that provide people 36 with the continued opportunity to hunt, fish and trap. The right of 37 people to hunt, fish and trap shall not be prohibited, but is subject 38 to laws, regulations and rules that conserve fish and wildlife and 39 provide people with the continued opportunity to hunt, fish and trap. 40 The rights set forth herein do not create a right to trespass on pri- 41 vate property or lead to a diminution of other private rights and 42 shall not be construed to prohibit or in any way affect rights estab- 43 lished to divert, appropriate and use water pursuant to article XV or 2 1 the statutes and rules enacted pursuant thereto, or to establish any 2 minimum amount of water in any stream, river, lake, reservoir or 3 other watercourse or water body. 4 SECTION 2. The question to be submitted to the electors of the State of 5 Idaho at the next general election shall be as follows: 6 "Shall Article I, of the Constitution of the State of Idaho be amended by 7 the addition of a new Section 23, to provide that all wildlife within the 8 state of Idaho is the property of the state of Idaho and shall be preserved, 9 protected, perpetuated and managed for the continued benefit of the people; to 10 provide that the taking of wildlife, including all wild animals, birds and 11 fish, by hunting, fishing and trapping is a valued part of our heritage and 12 shall be preserved for the people; to provide that wildlife shall be managed 13 by laws, restrictions and rules that provide people with the continued oppor- 14 tunity to hunt, fish and trap; to provide that the right of people to hunt, 15 fish and trap shall not be prohibited, but is subject to laws, regulations and 16 rules that conserve fish and wildlife and provide people with the continued 17 opportunity to hunt, fish and trap; and to provide that the rights set forth 18 do not create a right to trespass on private property or lead to a diminution 19 of other private rights and shall not be construed to prohibit or in any way 20 affect rights established to divert, appropriate and use water pursuant to 21 Article XV of the Constitution of the State of Idaho or the statutes and rules 22 enacted pursuant thereto, or to establish any minimum amount of water in any 23 stream, river, lake, reservoir or other watercourse or water body?". 24 SECTION 3. The Legislative Council is directed to prepare the statements 25 required by Section 67-453, Idaho Code, and file the same. 26 SECTION 4. The Secretary of State is hereby directed to publish this pro- 27 posed constitutional amendment and arguments as required by law.
STATEMENT OF PURPOSE RS 14163 This is a joint resolution proposing an amendment to Article I, of the Constitution of the State of Idaho, that will provide that all wildlife within the State of Idaho is the property of the State of Idaho and shall be preserved, protected, perpetuated and managed for the continue benefit of the people. The taking of wildlife, including all wild animals, birds and fish, by hunting, fishing and trapping is a valued part of our heritage and shall be preserved for the people. Wildlife shall be managed by laws, restrictions, and rules that provide people with the continued opportunity to hunt, fish, trap. The right of the people to hunt, fish and trap shall not be prohibited, but is subject to laws, regulations, and rules that conserve fish and wildlife and provide people with continued opportunity to hunt, fish, trap. The rights set forth do not create a right to trespass on private property or lead to a diminution of other private rights and shall not be construed to prohibit or in any way affect rights established to divert, appropriate, and use water pursuant to Article XV of this Constitution or to establish any minimum amount of water in any stream, river, lake, reservoir or other water course or water body. FISCAL IMPACT The cost to place the constitutional amendment on the ballot is to be $40,000 - $45,000. Contact Name: Rep. Clete Edmunson Phone: (208) 332-1000 STATEMENT OF PURPOSE/FISCAL NOTE HJR 011