2008 Legislation
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HOUSE JOINT RESOLUTION NO. 2<br /> – Right to hunt, fish and trap

HOUSE JOINT RESOLUTION NO. 2

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Bill Status



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HJR002.....................................................by STATE AFFAIRS
FISH AND GAME - Proposing a new section to the Constitution of the State of
Idaho to provide that the people have the right to hunt, fish, trap and
harvest wild game; to provide that consistent with the state of Idaho's
duty to protect this valued heritage and to preserve, protect, perpetuate
and manage wild mammals, birds and fish, traditional methods used to take
species not protected by federal law are reserved to the people; to provide
that public hunting, fishing and trapping shall be the preferred means of
managing and controlling species under state control; and to provide that
nothing in this amendment shall be construed to modify any provision of
common law or statutes relating to trespass, eminent domain or any other
property rights.

02/14    House intro - 1st rdg - to printing
02/15    Rpt prt - to Res/Con

Bill Text




                                                                       
  ]]]]              LEGISLATURE OF THE STATE OF IDAHO             ]]]]
 Fifty-ninth Legislature                   Second Regular Session - 2008

                                                                       

                              IN THE HOUSE OF REPRESENTATIVES

                                HOUSE JOINT RESOLUTION NO. 2

                                 BY STATE AFFAIRS 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 THE
  4        PEOPLE  HAVE  THE RIGHT TO HUNT, FISH, TRAP AND HARVEST WILD GAME, SUBJECT
  5        TO REASONABLE RULES APPROVED BY THE STATE  LEGISLATURE,  TO  PROVIDE  THAT
  6        CONSISTENT  WITH THE STATE OF IDAHO'S DUTY TO PROTECT THIS VALUED HERITAGE
  7        AND TO PRESERVE, PROTECT, PERPETUATE AND MANAGE WILD  MAMMALS,  BIRDS  AND
  8        FISH,  TRADITIONAL  METHODS  USED TO TAKE SPECIES NOT PROTECTED BY FEDERAL
  9        LAW ARE RESERVED TO THE PEOPLE, TO PROVIDE THAT  PUBLIC  HUNTING,  FISHING
 10        AND TRAPPING SHALL BE THE PREFERRED MEANS OF MANAGING AND CONTROLLING SPE-
 11        CIES UNDER STATE CONTROL AND TO PROVIDE THAT NOTHING SHALL BE CONSTRUED TO
 12        MODIFY  ANY PROVISION OF COMMON LAW OR STATUTES RELATING TO TRESPASS, EMI-
 13        NENT DOMAIN OR ANY OTHER PROPERTY RIGHTS; STATING THE QUESTION TO BE  SUB-
 14        MITTED TO THE ELECTORATE; DIRECTING THE LEGISLATIVE COUNCIL TO PREPARE THE
 15        STATEMENTS  REQUIRED  BY LAW; AND DIRECTING THE SECRETARY OF STATE TO PUB-
 16        LISH THE AMENDMENT AND ARGUMENTS AS REQUIRED BY LAW.

 17    Be It Resolved by the Legislature of the State of Idaho:

 18        SECTION 1.  That Article I, of the Constitution of the State of  Idaho  be
 19    amended  by  the addition of a NEW SECTION, to be known and designated as Sec-
 20    tion 23, Article I, of the Constitution of the State of Idaho, and to read  as
 21    follows:

 22             SECTION  23.  RIGHT  TO HUNT, FISH, TRAP AND HARVEST. The people
 23        have the right to hunt, fish, trap and harvest wild game, subject  to
 24        reasonable  rules  approved by the state legislature. Consistent with
 25        the state of Idaho's duty to protect this valued heritage and to pre-
 26        serve, protect, perpetuate and manage wild mammals, birds  and  fish,
 27        traditional methods used to take species not protected by federal law
 28        are  reserved  to  the  people.  Public hunting, fishing and trapping
 29        shall be the preferred means  of  managing  and  controlling  species
 30        under  state control. Nothing in this amendment shall be construed to
 31        modify any provision of common law or statutes relating to  trespass,
 32        eminent domain or any other property rights.

 33        SECTION  2.  The  question to be submitted to the electors of the State of
 34    Idaho at the next general election shall be as follows:
 35        "Shall Article I, of the Constitution of the State of Idaho be amended  by
 36    the addition of a new Section 23, to provide that the people have the right to
 37    hunt,  fish,  trap and harvest wild game, subject to reasonable rules approved
 38    by the State Legislature, to provide that consistent with the state of Idaho's
 39    duty to protect this valued heritage and to preserve, protect, perpetuate  and
 40    manage  wild mammals, birds and fish, traditional methods used to take species
 41    not protected by federal law are reserved to the people, to provide that  pub-
 42    lic hunting, fishing and trapping shall be the preferred means of managing and

                                       2

  1    controlling  species  under state control, and to provide that nothing in this
  2    amendment shall be construed to modify any provision of common law or statutes
  3    relating to trespass, eminent domain or any other property rights?".

  4        SECTION 3.  The Legislative Council is directed to prepare the  statements
  5    required by Section 67-453, Idaho Code, and file the same.

  6        SECTION 4.  The Secretary of State is hereby directed to publish this pro-
  7    posed constitutional amendment and arguments as required by law.

Statement of Purpose / Fiscal Impact



                         STATEMENT OF PURPOSE
 
                               RS 17705

A Joint Resolution proposing an amendment to the Idaho Constitution
to provide that the citizens of Idaho have the right to hunt, fish,
trap and harvest wild game, subject to reasonable rules approved by
the state Legislature.  It also provides, consistent with the
State's duty, to protect this valued heritage and to preserve,
protect, perpetuate and manage wild mammals, birds and fish. 
Traditional methods used to take species not protected by Federal
law are reserved to the people.  To provide that public hunting,
fishing and trapping shall be the preferred means of managing and
controlling species under State control.  Provide that nothing shall
be construed to modify any provision of common law or statutes
relating to trespass, eminent domain or any other property rights.



                            FISCAL IMPACT

No fiscal impact.







Contact:

House 332-1111                  Senate 332-1300
Rep. Lawerence Denney           Sen. Robert Geddes
Rep. Mike Moyle                 Sen. Dean Cameron
Rep. Marv Hagedorn              Sen. Monty Pearce
Rep. Rich Wills                 Sen. Steve Bair
Rep. Scott Bedke                Sen. Mel Richardson
Rep. Steve Kren                 Sen. Curt McKenzie
                                
Brian Judy, National Rifle Association 916-446-2455
Nate Helm, Sportsmen for Fish and Wildlife 208-899-3122


STATEMENT OF PURPOSE/FISCAL NOTE                               HJR 2