west virginia legislature

2016 regular session

Introduced

Senate Joint Resolution 7

By Senators Trump, Carmichael, Karnes, Leonhardt, Walters, Takubo and Unger

[Introduced January 13, 2016;
Referred to the Committee on Natural Resources; and then to the Committee on the Judiciary.]

Proposing an amendment to the Constitution of the State of West Virginia, amending article III thereof, by adding a new section, designated section twenty-three, relating to the right to hunt, fish and harvest wildlife; numbering and designating such proposed amendment; and providing a summarized statement of the purpose of such proposed amendment.

Resolved by the Legislature of West Virginia, two thirds of the members elected to each house agreeing thereto:

That the question of ratification or rejection of an amendment to the Constitution of the State of West Virginia be submitted to the voters of West Virginia at the next general election to be held in the year 2016, which proposed amendment is that article III thereof be amended by adding thereto a new section, designated section twenty-three, to read as follows:

ARTICLE III.  BILL OF RIGHTS.

§ 23. Right of the people to hunt, fish and harvest wildlife.

The citizens of West Virginia have a right to hunt, fish and harvest wildlife, including by the use of traditional methods, subject to reasonable laws and regulations to promote wildlife conservation and management and to preserve the future of hunting and fishing. Public hunting and fishing shall be a preferred means of managing and controlling wildlife. This section does not modify any provision of law relating to eminent domain, trespass or property rights.

Resolved further, That in accordance with the provisions of article eleven, chapter three of the Code of West Virginia, 1931, as amended, such proposed amendment is hereby numbered “Amendment No. 1" and designated as the “Right to Hunt, Fish and Harvest Wildlife Amendment” and the purpose of the proposed amendment is summarized as follows: “To add a new section to article III of the West Virginia Constitution, to recognize the right of citizens to hunt, fish and harvest wildlife and to declare that public hunting and fishing are preferred means to manage wildlife.”

NOTE: The purpose of this resolution is to submit a proposed amendment to the State Constitution to recognize the right of citizens to hunt, fish and harvest wildlife and to declare that public hunting and fishing are preferred means to manage wildlife.

Strike-throughs indicate language that would be stricken from a heading or the present law and underscoring indicates new language that would be added.