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SJR106.........................................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 expressly or by implication any minimum
amount of water in any stream, river, lake, reservoir or other watercourse
or water body.
02/09 Senate intro - 1st rdg - to printing
02/10 Rpt prt - to Res/Env
02/27 Rpt out - rec d/p - to 2nd rdg
02/28 2nd rdg - to 3rd rdg
03/01 3rd rdg - FAILED - 18-16-1
AYES -- Andreason, Brandt, Broadsword, Bunderson, Cameron,
Darrington, Fulcher, Keough, Langhorst, Malepeai, Marley, McKenzie,
Pearce, Richardson, Schroeder, Stennett, Sweet, Williams
NAYS -- Burkett, Coiner, Compton, Corder, Davis, Gannon, Geddes,
Goedde, Hill, Jorgenson, Kelly, Little, Lodge, McGee, Stegner, Werk
Absent and excused -- Burtenshaw
Floor Sponsor - Brandt
Filed in Office of the Secretary of Senate
]]]] LEGISLATURE OF THE STATE OF IDAHO ]]]]
Fifty-eighth Legislature Second Regular Session - 2006
IN THE SENATE
SENATE JOINT RESOLUTION NO. 106
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 EXPRESSLY OR BY IMPLICATION ANY MINIMUM AMOUNT OF
18 WATER IN ANY STREAM, RIVER, LAKE, RESERVOIR OR OTHER WATERCOURSE OR WATER
19 BODY; STATING THE QUESTION TO BE SUBMITTED TO THE ELECTORATE; DIRECTING
20 THE LEGISLATIVE COUNCIL TO PREPARE THE STATEMENTS REQUIRED BY LAW; AND
21 DIRECTING THE SECRETARY OF STATE TO PUBLISH THE AMENDMENT AND ARGUMENTS AS
22 REQUIRED BY LAW.
23 Be It Resolved by the Legislature of the State of Idaho:
24 SECTION 1. That Article I, of the Constitution of the State of Idaho be
25 amended by the addition of a NEW SECTION, to be known and designated as Sec-
26 tion 23, Article I, of the Constitution of the State of Idaho, and to read as
27 follows:
28 SECTION 23. RIGHT TO HUNT, FISH AND TRAP. All wildlife within
29 the state of Idaho shall be preserved, protected, perpetuated and
30 managed to provide continued supplies for the citizens of Idaho to
31 harvest by hunting, fishing and trapping for the continued benefit of
32 the people. The taking of wildlife, including all wild animals, birds
33 and fish, by hunting, fishing and trapping is a valued part of our
34 heritage and shall be a right preserved for the people. The exercise
35 of this right by the people shall not be prohibited, but shall be
36 subject to the laws, rules, and proclamations of the state. The
37 rights set forth herein do not create a right to trespass on private
38 property or lead to a diminution of other private rights and shall
39 not be construed to prohibit or in any way affect rights established
40 to divert, appropriate, and use water pursuant to Article XV or the
41 statutes and rules enacted pursuant thereto, or to establish
42 expressly or by implication any minimum amount of water in any
43 stream, river, lake, reservoir or other 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 expressly or by implication any min-
18 imum amount of water in any stream, river, lake, reservoir or other water-
19 course or water body?".
20 SECTION 3. The Legislative Council is directed to prepare the statements
21 required by Section 67-453, Idaho Code, and file the same.
22 SECTION 4. The Secretary of State is hereby directed to publish this pro-
23 posed constitutional amendment and arguments as required by law.
STATEMENT OF PURPOSE
RS 1593601
This will be a joint resolution proposing an amendment to Article 1 of
the Constitution of the State of Idaho by an addition of a new section
23, 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 or water rights in the State of Idaho.
FISCAL IMPACT
The cost to place this on the ballot is estimated to be $50,000.
Contact: Clete Edmunson
Phone: 332 1000
House Co-Sponsors:
Senate Co-Sponsors: Rep. Lawerence Denney
Senator Skip Brandt Rep. Mike Moyle
Senator Monty Pearce Rep. Debbie Field
Senator Gerry Sweet Rep. Mary Lou Shepherd
Senator David Langhorst Rep. Paul Shepherd
Senator John Andreason Rep. Tom Trail
Senator Joyce Broadsword Rep. Rich Wills
SJR 106