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