Statute in Full:
Results:
56.49% No
43.51% Yes
PROPOSITION 109
OFFICIAL TITLE
HOUSE CONCURRENT RESOLUTION 2008
A CONCURRENT RESOLUTION
PROPOSING AN AMENDMENT TO THE CONSTITUTION OF ARIZONA; AMENDING ARTICLE II, CONSTITUTION OF ARIZONA, BY ADDING SECTION 36; RELATING TO HUNTING AND FISHING.
TEXT OF PROPOSED AMENDMENT
Be it resolved by the House of Representatives of the State of Arizona, the Senate concurring:
1. Article II, Constitution of Arizona, is proposed to be amended by adding section 36 as follows if approved by the voters and on proclamation of the Governor:
36. Hunting, fishing and harvesting wildlife
SECTION 36. A. THE CITIZENS OF THIS STATE HAVE A RIGHT TO HUNT, FISH AND HARVEST WILDLIFE LAWFULLY. WILDLIFE BELONGS TO THIS STATE AND IS HELD IN TRUST FOR THE BENEFIT OF THE CITIZENS OF THIS STATE.
B. EXCLUSIVE AUTHORITY TO ENACT LAWS TO REGULATE THE MANNER, METHODS OR SEASONS FOR HUNTING, FISHING AND HARVESTING WILDLIFE IS VESTED IN THE LEGISLATURE, WHICH MAY DELEGATE RULE MAKING AUTHORITY TO A GAME AND FISH COMMISSION. NO LAW SHALL BE ENACTED AND NO RULE SHALL BE ADOPTED THAT UNREASONABLY RESTRICTS HUNTING, FISHING AND HARVESTING WILDLIFE OR THE USE OF TRADITIONAL MEANS AND METHODS. LAWS AND RULES AUTHORIZED UNDER THIS SECTION SHALL HAVE THE PURPOSE OF WILDLIFE CONSERVATION AND MANAGEMENT AND PRESERVING THE FUTURE OF HUNTING AND FISHING.
C. LAWFUL PUBLIC HUNTING AND FISHING SHALL BE A PREFERRED MEANS OF MANAGING AND CONTROLLING WILDLIFE.
D. THIS SECTION SHALL NOT BE CONSTRUED TO MODIFY ANY PROVISION OF COMMON LAW OR STATUTES RELATING TO TRESPASS OR PROPERTY RIGHTS.
2. The Secretary of State shall submit this proposition to the voters at the next general election as provided by article XXI, Constitution of Arizona.
ANALYSIS BY LEGISLATIVE COUNCIL
Proposition 109 would amend the Arizona Constitution to provide that:
1. Wildlife is held in trust for the citizens of this state, whom have a right to lawfully hunt, fish and harvest the wildlife.
2. The legislature has the exclusive authority to enact laws to regulate hunting, fishing and harvesting of wildlife. The legislature may grant rule making authority to a game and fish commission. No law or rule shall unreasonably restrict hunting, fishing or harvesting of wildlife or the use of traditional means and methods for those activities. Any law or rule shall have the purpose of wildlife conservation and management and preserving the future of hunting and fishing.
3. Lawful public hunting and fishing are the preferred means of managing and controlling wildlife.
By its terms, nothing in Proposition 109 shall be construed to modify any law relating to trespass or property rights.
PROPOSITION 109 ~ BALLOT FORMAT
BALLOT FORMAT
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PROPOSED AMENDMENT TO THE CONSTITUTION BY THE LEGISLATURE RELATING TO HUNTING AND FISHING
[HCR 2008] |
A CONCURRENT RESOLUTION
Proposing an amendment to the constitution of arizona; amending article II, constitution of arizona, by adding section 36; relating to HUNTING and fishing. |
DESCRIPTIVE TITLE
ESTABLISHES THE RIGHT OF ARIZONA CITIZENS TO HUNT, FISH AND HARVEST WILDLIFE LAWFULLY; GRANTS EXCLUSIVE AUTHORITY TO THE LEGISLATURE TO REGULATE HUNTING, FISHING AND HARVESTING WILDLIFE; PROHIBITS LAWS THAT UNREASONABLY RESTRICT HUNTING, FISHING AND HARVESTING WILDLIFE; ESTABLISHES LAWFUL HUNTING AND FISHING AS A PREFERRED MEANS OF MANAGING AND CONTROLLING WILDLIFE. |
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A "yes" vote shall have the effect of:
1. making hunting, fishing and harvesting wildlife a constitutional right,
2. giving the State Legislature exclusive authority to enact laws regulating these activities,
3. prohibiting laws that unreasonably restrict hunting, fishing and harvesting wildlife or the use of traditional means and methods, and
4. establishing hunting and fishing as a preferred means of managing and controlling wildlife. |
YES |
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A "no" vote shall have the effect of retaining the current laws regarding hunting, fishing and harvesting wildlife. |
NO |
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