WEST virginia legislature

2023 regular session

Introduced

House Joint Resolution 1

By Delegate Steele

[Introduced January 11, 2023; Referred
to the Committee on Agriculture and Natural Resources then the Judiciary]

Proposing an amendment to the Constitution of the State of West Virginia amending article III thereof by adding thereto 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 the state at the next general election to be held in the year 2024, 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.

§3-23.  Right to hunt, fish, and harvest wildlife.

The citizens of this state have the right to hunt, fish, and harvest wildlife, including the use of traditional methods, subject only to the statutes enacted by the Legislature and the regulations adopted by the Division of Natural Resources to promote wildlife conservation and management and to preserve the future of hunting and fishing. Public hunting and fishing is a preferred means of managing and controlling wildlife. This section may not be construed to modify any provision of law relating to 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 amendment is hereby numbered "Amendment No. 1" and designated as the "Right to Hunt and Fish Amendment" and the purpose of the proposed amendment is summarized as follows: "The purpose of this amendment is to guarantee the right of the citizens of West Virginia to hunt and fish.

NOTE: The purpose of this resolution is to guarantee the right of the citizens of West Virginia to hunt and fish. The resolution provides that the Legislature and Division of Natural Resources pass and adopt statutes and regulations to promote wildlife conservation. The resolution provides that it does not erode laws concerning trespass or property rights.

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