2003 - 2004 LEGISLATURE
January 22, 2003 - Introduced by Representatives Gunderson, Towns, Suder,
Pettis, Johnsrud, Gard, Albers, Balow, Bies, J. Fitzgerald, Freese, Friske,
Gottlieb, Gronemus, Grothman, Hahn, Hines, Huebsch, Hundertmark,
Jensen, Jeskewitz, Kaufert, Kerkman, Kestell, Krawczyk, Kreibich, Ladwig,
F. Lasee, Lassa, M. Lehman, LeMahieu, Loeffelholz, McCormick, D. Meyer,
Musser, Nass, Ott, Owens, Petrowski, Plouff, Powers, Seratti, Sherman,
Shilling, Stone, Townsend, Underheim, Van Roy, Vrakas, Ward, Weber,
Wieckert, M. Williams, Gundrum and Nischke, cosponsored by Senators Zien,
Leibham, Stepp, Brown, Welch, Erpenbach, Kedzie, Schultz, A. Lasee,
Roessler, Harsdorf, Kanavas, Breske, Reynolds, S. Fitzgerald, Darling,
Hansen, M. Meyer and
Lazich. Referred to Committee on Natural Resources.
section 26 of article I of the constitution; relating to: the right to fish,
2hunt, trap, and take game (2nd consideration).
Analysis by the Legislative Reference Bureau
Explanation of Proposal
This proposed constitutional amendment, to be given 2nd consideration by the
2003 legislature for submittal to the voters in November 2004, was first considered
by the 2001 legislature in 2001 Senate Joint Resolution 2, which became 2001
Enrolled Joint Resolution 16.
Procedure for 2nd ConsideratioN
When a proposed constitutional amendment is before the legislature on 2nd
consideration, any change in the text approved by the preceding legislature causes
the proposed constitutional amendment to revert to first consideration status so that
2nd consideration approval would have to be given by the next legislature before the
proposal may be submitted to the people for ratification [see joint rule 57 (2)].
If the legislature approves a proposed constitutional amendment on 2nd
consideration, it must also set the date for submitting the proposed constitutional
amendment to the people for ratification and must determine the question or
questions to appear on the ballot.
Whereas, the 2001 legislature in regular session considered a proposed 4
amendment to the constitution in 2001 Senate Joint Resolution 2, which became
2001 Enrolled Resolution 16, and agreed to it by a majority of the members elected 2
to each of the 2 houses, which proposed amendment reads as follows:
AJR1, s. 1
Section 26 of article I of the constitution is created to read:
[Article I] Section 26. The people have the right to fish, hunt, trap,
and take game subject only to reasonable restrictions as prescribed by law.
AJR1, s. 2
2. Numbering of new provision.
The new section 26 of article
I of the constitution created in this joint resolution shall be designated by
the next higher open whole section number in that article if, before the
ratification by the people of the amendment proposed in this joint
resolution, any other ratified amendment has created a section 26 of
article I of the constitution of this state. If one or more joint resolutions
create a section 26 of article I simultaneously with the ratification by the
people of the amendment proposed in this joint resolution, the sections
created shall be numbered and placed in a sequence so that the sections
created by the joint resolution having the lowest enrolled joint resolution
number have the numbers designated in that joint resolution and the
sections created by the other joint resolutions have numbers that are in
the same ascending order as are the numbers of the enrolled joint
resolutions creating the sections.
3Now, therefore, be it resolved by the assembly, the senate concurring,
the foregoing proposed amendment to the constitution is agreed to by the 2003 5
legislature; and, be it further
the foregoing proposed amendment to the constitution be 7
submitted to a vote of the people at the general election to be held on November 2, 8
2004; and, be it further
the question concerning ratification of the foregoing proposed 10
amendment to the constitution be stated on the ballot as follows:
"Right to fish, hunt, trap, and take game.
Shall section 26 12
of article I of the constitution be created to provide that
the people have the right to 13
fish, hunt, trap, and take game subject only to reasonable restrictions as prescribed 14