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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 - 2004
IN 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