2008 Legislation
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HOUSE JOINT RESOLUTION NO. 3<br /> – Right to hunt, fish and trap

HOUSE JOINT RESOLUTION NO. 3

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Bill Status



HJR003.....................................................by STATE AFFAIRS
RIGHT TO HUNT, FISH, TRAP - Stating findings of the Legislature and
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, subject to reasonable rules adopted in accordance with state law; 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 not protected by federal law; and to provide that
nothing shall be construed to modify any provision of the constitution,
common law or statutes relating to trespass, eminent domain or any other
property rights, or to establish any minimum amount of water in any stream,
river, lake, reservoir or other watercourse or water body.

02/29    House intro - 1st rdg - to printing
03/03    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. 3

                                 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 ADOPTED IN ACCORDANCE WITH STATE LAW, 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  NOT  PROTECTED  BY  FEDERAL LAW AND TO PROVIDE THAT NOTHING SHALL BE
 12        CONSTRUED TO MODIFY ANY OTHER PROVISIONS OF THE CONSTITUTION,  COMMON  LAW
 13        OR  STATUTES  RELATING  TO  TRESPASS, EMINENT DOMAIN OR ANY OTHER PROPERTY
 14        RIGHTS OR TO ESTABLISH EXPRESSLY OR BY IMPLICATION ANY MINIMUM  AMOUNT  OF
 15        WATER  IN ANY STREAM, RIVER, LAKE, RESERVOIR OR OTHER WATERCOURSE OR WATER
 16        BODY; STATING THE QUESTION TO BE SUBMITTED TO  THE  ELECTORATE;  DIRECTING
 17        THE  LEGISLATIVE  COUNCIL  TO  PREPARE THE STATEMENTS REQUIRED BY LAW; AND
 18        DIRECTING THE SECRETARY OF STATE TO PUBLISH THE AMENDMENT AND ARGUMENTS AS
 19        REQUIRED BY LAW.

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

 21        SECTION 1.  That Article I, of the Constitution of the State of Idaho, be,
 22    and the same is hereby amended by the addition thereto of a NEW SECTION, to be
 23    known and designated as Section 23, Article I,  of  the  Constitution  of  the
 24    State of Idaho, and to read as follows:

 25             SECTION  23.  RIGHT  TO HUNT, FISH, TRAP AND HARVEST. The people
 26        have the right to hunt, fish, trap and harvest wild game, subject  to
 27        reasonable  rules  adopted  in  accordance with state law. Consistent
 28        with the state of Idaho's duty to protect this valued heritage and to
 29        preserve, protect, perpetuate and  manage  wild  mammals,  birds  and
 30        fish,  traditional methods used to take species not protected by fed-
 31        eral law are reserved to the  people.  Public  hunting,  fishing  and
 32        trapping  shall  be  the  preferred means of managing and controlling
 33        species not protected by federal law. Nothing in this  section  shall
 34        be construed to modify any other provisions of the constitution, com-
 35        mon law or statutes relating to trespass, eminent domain or any other
 36        property rights, or to establish expressly or by implication any min-
 37        imum  amount  of water in any stream, river, lake, reservoir or other
 38        watercourse or water body.

 39        SECTION 2.  The question to be submitted to the electors of the  State  of
 40    Idaho at the next general election shall be as follows:
 41        "Shall  Article I, of the Constitution of the State of Idaho be amended by
 42    the addition of a new Section 23, to provide that the people have the right to

                                       2

  1    hunt, fish, trap and harvest wild game, subject to reasonable rules adopted in
  2    accordance with state law, to  provide  that  consistent  with  the  state  of
  3    Idaho's duty to protect this valued heritage and to preserve, protect, perpet-
  4    uate and manage wild mammals, birds and fish, traditional methods used to take
  5    species  not  protected  by federal law are reserved to the people, to provide
  6    that public hunting, fishing and trapping shall be the preferred means of man-
  7    aging and controlling species not protected by federal  law,  and  to  provide
  8    that  nothing shall be construed to modify any other provisions of the Consti-
  9    tution, common law or statutes relating to trespass,  eminent  domain  or  any
 10    other property rights, or to establish expressly or by implication any minimum
 11    amount  of water in any stream, river, lake, reservoir or other watercourse or
 12    water body?".

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

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

Statement of Purpose / Fiscal Impact


                       STATEMENT OF PURPOSE
                                 
                             RS 18029
                                 
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. Mary 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 3