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