2004 Legislation
Print Friendly

HOUSE JOINT RESOLUTION NO. 11 – Right to hunt/fish/trap

HOUSE JOINT RESOLUTION NO. 11

View Bill Status

View Bill Text

View Statement of Purpose / Fiscal Impact



Text to be added within a bill has been marked with Bold and
Underline. Text to be removed has been marked with
Strikethrough and Italic. How these codes are actually displayed will
vary based on the browser software you are using.

This sentence is marked with bold and underline to show added text.

This sentence is marked with strikethrough and italic, indicating
text to be removed.

Bill Status



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

Bill Text


                                                                        
                                                                        
  ]]]]              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 / Fiscal Impact



                       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