2006 Legislation
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SENATE JOINT RESOLUTION NO. 105 – Right to hunt/fish/trap

SENATE JOINT RESOLUTION NO. 105

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Bill Status



SJR105.........................................by RESOURCES AND ENVIRONMENT
RIGHT TO HUNT/FISH/TRAP - Proposing a new section to the Constitution of
the State of Idaho to provide that all wildlife within the state of Idaho
shall be preserved, protected, perpetuated and managed to provide continued
supplies for the citizens of Idaho to harvest by hunting, fishing and
trapping 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 a right
preserved for the people; to provide that the exercise of this right by the
people shall not be prohibited, but shall be subject to the laws, rules and
proclamations of the state; 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
the Constitution of the State of Idaho 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.
                                                                        
01/31    Senate intro - 1st rdg - to printing
02/01    Rpt prt - to Res/Env

Bill Text


                                                                        
                                                                        
  ]]]]              LEGISLATURE OF THE STATE OF IDAHO             ]]]]
 Fifty-eighth Legislature                   Second Regular Session - 2006
                                                                        
                                                                        
                                       IN THE SENATE
                                                                        
                              SENATE JOINT RESOLUTION NO. 105
                                                                        
                           BY RESOURCES AND ENVIRONMENT 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 SHALL BE PRESERVED, PROTECTED, PERPETU-
  5        ATED  AND  MANAGED TO PROVIDE CONTINUED SUPPLIES FOR THE CITIZENS OF IDAHO
  6        TO HARVEST BY HUNTING, FISHING AND TRAPPING FOR THE CONTINUED  BENEFIT  OF
  7        THE  PEOPLE,  TO  PROVIDE  THAT THE TAKING OF WILDLIFE, INCLUDING ALL WILD
  8        ANIMALS, BIRDS AND FISH, BY HUNTING, FISHING AND TRAPPING IS A VALUED PART
  9        OF OUR HERITAGE AND SHALL BE A RIGHT PRESERVED FOR THE PEOPLE, TO  PROVIDE
 10        THAT THE EXERCISE OF THIS RIGHT BY THE PEOPLE SHALL NOT BE PROHIBITED, BUT
 11        SHALL  BE  SUBJECT TO THE LAWS, RULES, AND PROCLAMATIONS OF THE STATE, AND
 12        TO PROVIDE THAT THE RIGHTS SET FORTH DO NOT CREATE A RIGHT TO TRESPASS  ON
 13        PRIVATE PROPERTY OR LEAD TO A DIMINUTION OF OTHER PRIVATE RIGHTS AND SHALL
 14        NOT  BE  CONSTRUED  TO PROHIBIT OR IN ANY WAY AFFECT RIGHTS ESTABLISHED TO
 15        DIVERT, APPROPRIATE, AND USE WATER PURSUANT TO ARTICLE XV OF THE CONSTITU-
 16        TION OF THE STATE OF IDAHO OR THE  STATUTES  AND  RULES  ENACTED  PURSUANT
 17        THERETO, OR TO ESTABLISH ANY MINIMUM AMOUNT OF WATER IN ANY STREAM, RIVER,
 18        LAKE,  RESERVOIR  OR OTHER WATERCOURSE OR WATER BODY; STATING THE QUESTION
 19        TO BE SUBMITTED TO THE ELECTORATE; DIRECTING THE  LEGISLATIVE  COUNCIL  TO
 20        PREPARE  THE  STATEMENTS  REQUIRED  BY LAW; AND DIRECTING THE SECRETARY OF
 21        STATE TO PUBLISH THE AMENDMENT AND ARGUMENTS AS REQUIRED BY LAW.
                                                                        
 22    Be It Resolved by the Legislature of the State of Idaho:
                                                                        
 23        SECTION 1.  That Article I, of the Constitution of the State of  Idaho  be
 24    amended  by  the addition of a NEW SECTION, to be known and designated as Sec-
 25    tion 23, Article I, of the Constitution of the State of Idaho, and to read  as
 26    follows:
                                                                        
 27             SECTION  23.  RIGHT  TO HUNT, FISH AND TRAP. All wildlife within
 28        the state of Idaho shall be  preserved,  protected,  perpetuated  and
 29        managed  to  provide  continued supplies for the citizens of Idaho to
 30        harvest by hunting, fishing and trapping for the continued benefit of
 31        the people. The taking of wildlife, including all wild animals, birds
 32        and fish, by hunting, fishing and trapping is a valued  part  of  our
 33        heritage  and shall be a right preserved for the people. The exercise
 34        of this right by the people shall not be  prohibited,  but  shall  be
 35        subject  to  the  laws,  rules,  and  proclamations of the state. The
 36        rights set forth herein do not create a right to trespass on  private
 37        property  or  lead  to a diminution of other private rights and shall
 38        not be construed to prohibit or in any way affect rights  established
 39        to  divert,  appropriate, and use water pursuant to Article XV or the
 40        statutes and rules enacted pursuant thereto, or to establish any min-
 41        imum amount of water in any stream, river, lake, reservoir  or  other
 42        watercourse or water body.
                                                                        
                                           2
                                                                        
  1        SECTION  2.  The  question to be submitted to the electors of the State of
  2    Idaho at the next general election shall be as follows:
  3        "Shall Article I, of the Constitution of the State of Idaho be amended  by
  4    the  addition  of  a  new  Section 23, to provide that all wildlife within the
  5    state of Idaho shall be preserved, protected, perpetuated and managed to  pro-
  6    vide continued supplies for the citizens of Idaho to harvest by hunting, fish-
  7    ing  and trapping for the continued benefit of the people; to provide that the
  8    taking of wildlife, including all wild animals, birds and  fish,  by  hunting,
  9    fishing  and  trapping  is  a valued part of our heritage and shall be a right
 10    preserved for the people; to provide that the exercise of this  right  by  the
 11    people  shall  not be prohibited, but shall be subject to the laws, rules, and
 12    proclamations of the state; and to provide that the rights set  forth  do  not
 13    create  a  right  to  trespass  on private property or lead to a diminution of
 14    other private rights and shall not be construed to  prohibit  or  in  any  way
 15    affect  rights  established  to divert, appropriate, and use water pursuant to
 16    Article XV of the Constitution of the State of Idaho or the statutes and rules
 17    enacted pursuant thereto, or to establish any minimum amount of water  in  any
 18    stream, river, lake, reservoir or other watercourse or water body?".
                                                                        
 19        SECTION  3.  The Legislative Council is directed to prepare the statements
 20    required by Section 67-453, Idaho Code, and file the same.
                                                                        
 21        SECTION 4.  The Secretary of State is hereby directed to publish this pro-
 22    posed constitutional amendment and arguments as required by law.

Statement of Purpose / Fiscal Impact


                     STATEMENT OF PURPOSE

                         RS 15720C1
                              
This will be a joint resolution proposing an amendment to
Article 1 of the Constitution of the State of Idaho, that
will provide that all wildlife within the state of Idaho
shall be preserved, protected, perpetuated and managed to
provide continued supplies for the citizens of Idaho to
harvest by hunting, fishing and trapping for the continued
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 a
right preserved for the people. The exercise of this right
by the people shall not be prohibited, but shall be subject
to laws, rules, and proclamations of the state.

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 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 this on the ballot is estimated to be
$40,000   $45,000.


Contact
Name:  Clete Edmunson
Phone: 332 1000
            
            
                                                      SJR 105