Kansas Right to Hunt and Fish, Constitutional Amendment 1 (2016)
| Kansas Amendment 1 | |
|---|---|
 | |
| Election date November 8, 2016 | |
| Topic Hunting and fishing | |
Status Approved | |
| Type Constitutional amendment | Origin State legislature |
| 2016 measures |
|---|
 |
| November 8 |
| Constitutional Amendment 1 |
| Polls |
| Voter guides |
| Campaign finance |
| Signature costs |
The Kansas Right to Hunt and Fish Amendment, also known as Constitutional Amendment 1, was on the November 8, 2016, ballot in Kansas as a legislatively referred constitutional amendment. It was approved.
| A "yes" vote supported this amendment ensuring a constitutional right to hunt, fish, and trap wildlife. |
| A "no" vote opposed this amendment ensuring a constitutional right to hunt, fish, and trap wildlife. |
Amendment 1 also provided that the constitutional right to hunt, fish, and trap to be subjected to regulations promoting wildlife conservation and management. Furthermore, the amendment declared that hunting and fishing are the preferred method of wildlife management.[1]
The amendment was added to the Kansas Bill of Rights.
In the Kansas Senate, Amendment 1 received unanimous support. In the Kansas House of Representatives, all state representatives except for seven Democrats voted to place the measure on the ballot.[2]
Citizens of Indiana voted on and approved a similar right to hunt and fish amendment in November 2016.
Election results
| Amendment 1 | ||||
|---|---|---|---|---|
| Result | Votes | Percentage | ||
| Yes | 926,970 | 81.31% | ||
| No | 213,104 | 18.69% | ||
- Election results from Kansas Secretary of State
Text of measure
Ballot summary
The following summary appeared on the ballot:[1]
| “ | Explanatory statement. This amendment is to preserve constitutionally the right of the public to hunt, fish and trap wildlife subject to reasonable laws and regulations. The right of the public to hunt, fish and trap shall not modify any provision of common law or statutes relating to trespass, eminent domain or any other private property rights. "A vote for this proposition would constitutionally preserve the right of the public to hunt, fish and trap wildlife that has traditionally been taken by hunters, trappers and anglers. This public right is subject to state laws and rules and regulations regarding the management of wildlife and does not change or diminish common law or statutory rights relating to trespass, eminent domain or private property." |
” |
Constitutional changes
- See also: Kansas Bill of Rights
The amendment added a paragraph 21 to the Kansas Bill of Rights. The following text was added:[1]
Support
Supporters
Officials
- Secretary of State Kris Kobach (R)[4]
- Rep. Adam Lusker (D-2)[5]
- Former Rep. Travis Couture-Lovelady (R-110)
Organizations
Arguments
The National Rifle Association Institute for Legislative Action, which supports the movement to constitutionalize a right to hunt and fish, contended:[7]
| “ | Adding the Right to Hunt, Fish and Trap to the state constitution would Protect Kansas’ rich sporting tradition from well-funded efforts by national extremist groups to ban hunting. This important constitutional safeguard will protect wildlife and promote conservation, which are efforts that Kansas sportsmen have spearheaded for generations, significantly contributing to the state's diverse and flourishing wildlife populations.[3] | ” |
Moriah Day, chairperson of the Kansas State Rifle Association PAC, contended:[8]
| “ | We want to make sure we protect the ability of hunters and fishermen and others to practice their sports and we believe that’s really the best way to continue our conservation efforts. I don’t believe the constitutional amendment will limit those efforts in any way.[3] | ” |
Rep. Adam Lusker (D-2), sponsor of the amendment, argued:[9]
| “ | Kansas will be affected by a push from the coasts to limit what we can do in regard to wildlife with hunting, trapping and fishing. This puts at the onset to say, ‘Hey, we have our constitutional rights.'[3] | ” |
Former Rep. Travis Couture-Lovelady (R-110), a lobbyist for the National Rifle Association in 2016, said:[10]
| “ | ... we may not need it in five, 10 or 15 years, but at some point as the population trends shift more urban, and we become more disconnected from that hunting heritage, it’s important to ingrain that in the constitution.[3] | ” |
Rep. James Todd (R-29) stated:[11]
| “ | There is not a right to hunt, fish and trap in Kansas right now. It's a privilege. This would create the right.[3] | ” |
Opposition
Opponents
- Rep. Annie Tietze (D-53)[12]
- People for the Ethical Treatment of Animals[13]
- Humane Society of the United States[14]
- Kansas Sierra Club[15]
Arguments
Ron Klataske, executive director of Audubon of Kansas, said:[16]
| “ | It could conceivably be used as an argument against more moderate restrictions or regulations. ... It's ridiculous to put something like that in the state constitution.[3] | ” |
Midge Grinstead, state director of the Humane Society of the United States, contended:[8]
| “ | Not every Kansan hunts, fishes or traps. It’s geared toward a certain group, a specialized group, and that’s not what our constitution is for, by any means.[3] | ” |
Rep. Annie Tietze (D-53), who voted against placing the amendment on the ballot, contended:[12]
| “ | What it does do is pick a group of people over the other. I choose to believe (in) a constitution to protect all folks.[3] | ” |
Background
As of November 2024, 24 states had constitutional provisions providing for the right to hunt and fish. Vermont was the first state to constitutionalize such a right in 1777. The other 22 states have adopted right to hunt and fish amendments since 1996. The state constitutions of California and Rhode Island include amendments guaranteeing the right to fish, but not to hunt.[17]
List
The following is a list of state ballot measures to adopt right to hunt and fish amendments:
| State | Year | Type | Title | Description | Result | Yes Votes | No Votes |
|---|---|---|---|---|---|---|---|
| FL | 2024 | Amendment 2 | Provide for a state constitutional right to hunt and fish |
|
6,941,307 (67%) |
3,365,987 (33%) |
|
| UT | 2020 | Constitutional Amendment E | Provide for a state constitutional right to hunt and to fish |
|
1,063,212 (75%) |
355,848 (25%) |
|
| NC | 2018 | Right to Hunt and Fish Amendment | Provide for a state constitutional right to hunt, fish, and harvest wildlife |
|
2,083,123 (57%) |
1,563,090 (43%) |
|
| IN | 2016 | Public Question 1 | Provide for a state constitutional right to hunt, fish, and trap, including traditional methods |
|
1,893,467 (79%) |
492,300 (21%) |
|
| KS | 2016 | Constitutional Amendment 1 | Provide for a state constitutional right to hunt, fish, and trap, including traditional methods |
|
926,970 (81%) |
213,104 (19%) |
|
| TX | 2015 | Proposition 6 | Provide for a state constitutional right to hunt, fish, and trap, including traditional methods |
|
1,260,763 (81%) |
294,973 (19%) |
|
| AL | 2014 | Amendment 5 | Provide for a state constitutional right to hunt, fish, and harvest wildlife, including traditional methods |
|
789,777 (80%) |
199,483 (20%) |
|
| MS | 2014 | HCR 30 | Provide for a state constitutional right to hunt, fish, and trap, including traditional methods |
|
524,423 (88%) |
71,683 (12%) |
|
| ID | 2012 | HJR 2 | Provide for a state constitutional right to hunt, fish, and trap, including traditional methods |
|
456,514 (73%) |
165,289 (27%) |
|
| KY | 2012 | Amendment | Provide for a state constitutional right to hunt, fish, and harvest wildlife |
|
1,298,340 (84%) |
238,320 (16%) |
|
| NE | 2012 | Amendment 2 | Provide for a state constitutional right to hunt, fish, and harvest wildlife |
|
557,534 (77%) |
169,250 (23%) |
|
| WY | 2012 | Amendment B | Provide for a state constitutional right to harvest wild bird, fish, and game |
|
212,561 (89%) |
25,564 (11%) |
|
| AR | 2010 | Amendment 1 | Provide for a state constitutional right to hunt, fish, trap, and harvest wildlife |
|
612,495 (83%) |
127,444 (17%) |
|
| AZ | 2010 | Proposition 109 | Provide for state constitutional right to hunt, fish, and harvest wildlife |
|
714,144 (44%) |
926,991 (56%) |
|
| SC | 2010 | Amendment 1 | Provide for a state constitutional right to hunt, fish, and harvest wildlife |
|
1,126,228 (89%) |
139,668 (11%) |
|
| TN | 2010 | Amendment | Provide for state constitutional right to hunt and fish |
|
1,255,840 (87%) |
181,465 (13%) |
|
| OK | 2008 | State Question 742 | Establish a constitutional right to hunt, trap, fish, and take game, granting authority to the Wildlife Conservation Commission. |
|
1,082,341 (80%) |
269,787 (20%) |
|
| GA | 2006 | Amendment 2 | Preserve the ability to fish and hunt in Georgia and ensure it is managed by law and regulation for the public good |
|
1,626,226 (81%) |
379,024 (19%) |
|
| LA | 2004 | Question 1 | Provide for a state constitutional right to hunt, fish, and trap |
|
1,195,445 (81%) |
279,926 (19%) |
|
| MT | 2004 | C-41 | Provide for a state constitutional right to harvest wild fish and game |
|
345,505 (81%) |
83,185 (19%) |
|
| WI | 2003 | Question 1 | Provide for a state constitutional right to hunt, fish, trap, and take game |
|
668,459 (82%) |
146,182 (18%) |
|
| ND | 2000 | Measure 1 | Provide for a state constitutional right to hunt, fish, trap, and take game |
|
206,443 (77%) |
61,531 (23%) |
|
| VA | 2000 | Question 2 | Provide for a right to hunt, fish, and harvest game |
|
1,448,154 (60%) |
970,266 (40%) |
|
| MN | 1998 | Amendment 3 | Provide for a state constitutional right to hunt, fish, and take game |
|
1,570,720 (77%) |
462,749 (23%) |
|
| AL | 1996 | Amendment 1 | Provide for a state constitutional right to hunt and fish |
|
955,149 (81%) |
218,350 (19%) |
Map
The following map shows which states have constitutional rights to hunt and fish in their state constitutions:
Campaign finance
| Total campaign contributions: | |
| Support: | $0.00 |
| Opposition: | $0.00 |
As of February 17, 2017, no ballot question committees are registered in support or opposition of Constitutional Amendment 1.[18]
Media editorials
Support
Ballotpedia has not yet found any editorial board endorsements in support of Constitutional Amendment 1. If you know of one, please email editor@ballotpedia.org.
Opposition
| “ | The Constitution of the state of Kansas should only be amended when absolutely necessary to protect the rights and freedoms of its residents. ...
The laws of Kansas are wholly adequate to govern hunting and fishing in Kansas. A constitutional amendment is no more needed to protect hunters and anglers than it is to protect golfers, stamp collectors, vintage car enthusiasts, birdwatchers or any of hundreds of other of the state’s hobbyists. Hunting and fishing is important to Kansas and should be encouraged. So should voting “no” on Amendment 1 on Nov. 8.[3] |
” |
- Wichita Eagle said:[21]
| “ | The Eagle editorial board has long held that the Kansas Constitution should be amended only for the most serious and pressing of reasons. The proposed amendment to establish a constitutional right to hunt and fish does not rise to this level. Though the editorial board strongly supports hunting and fishing, there is no threat to these pursuits and no need to amend our constitution.[3] | ” |
Path to the ballot
- See also: Amending the Kansas Constitution
Either chamber of the Kansas State Legislature can propose an amendment to the state's constitution. Two-thirds of the members of each chamber must approve the resolution. If they do, the proposed amendment goes on either the next statewide ballot during which members of the state legislature are elected, or on a special election ballot if the legislature agrees to have a special election for this purpose.
HCR 5008 was first introduced in the House on January 22, 2015. On February 22, 2016, the House passed the bill. The Senate passed it on March 17, 2016. Amendment 1 was enrolled on March 22, 2016.[5]
House vote
February 22, 2016
| Kansas HCR 5008 House Vote | ||||
|---|---|---|---|---|
| Result | Votes | Percentage | ||
| Yes | 117 | 94.35% | ||
| No | 7 | 5.65% | ||
Senate vote
March 17, 2016
| Kansas HCR 5008 Senate Vote | ||||
|---|---|---|---|---|
| Result | Votes | Percentage | ||
| Yes | 36 | 100.00% | ||
| No | 0 | 0% | ||
"No" votes
HCR 5008 passed unanimously in the Senate. However, seven representatives voted against putting the amendment on the ballot in the House. These legislators were:[2]
- Rep. Sydney Carlin (D-66)
- Rep. John Carmichael (D-92)
- Rep. Broderick Henderson (D-35)
- Rep. Annie Kuether (D-55)
- Rep. Louis Ruiz (D-31)
- Rep. Annie Tietze (D-53)
State profile
| Demographic data for Kansas | ||
|---|---|---|
| Kansas | U.S. | |
| Total population: | 2,906,721 | 316,515,021 |
| Land area (sq mi): | 81,759 | 3,531,905 |
| Race and ethnicity** | ||
| White: | 85.2% | 73.6% |
| Black/African American: | 5.8% | 12.6% |
| Asian: | 2.6% | 5.1% |
| Native American: | 0.8% | 0.8% |
| Pacific Islander: | 0.1% | 0.2% |
| Two or more: | 3.3% | 3% |
| Hispanic/Latino: | 11.2% | 17.1% |
| Education | ||
| High school graduation rate: | 90.2% | 86.7% |
| College graduation rate: | 31% | 29.8% |
| Income | ||
| Median household income: | $52,205 | $53,889 |
| Persons below poverty level: | 15% | 11.3% |
| Source: U.S. Census Bureau, "American Community Survey" (5-year estimates 2010-2015) Click here for more information on the 2020 census and here for more on its impact on the redistricting process in Kansas. **Note: Percentages for race and ethnicity may add up to more than 100 percent because respondents may report more than one race and the Hispanic/Latino ethnicity may be selected in conjunction with any race. Read more about race and ethnicity in the census here. | ||
Presidential voting pattern
- See also: Presidential voting trends in Kansas
Kansas voted Republican in all seven presidential elections between 2000 and 2024.
More Kansas coverage on Ballotpedia
- Elections in Kansas
- United States congressional delegations from Kansas
- Public policy in Kansas
- Endorsers in Kansas
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- More...
Recent news
The link below is to the most recent stories in a Google news search for the terms Kansas Right Hunt and Fish Amendment. These results are automatically generated from Google. Ballotpedia does not curate or endorse these articles.
Related measures
| Hunting and fishing measures on the ballot in 2016 | |
|---|---|
| State | Measures |
| Oregon | Oregon Wildlife Trafficking Prevention, Measure 100 |
See also
External links
- House Concurrent Resolution No. 5008
- National Conference of State Legislators, "State Constitutional Right to Hunt and Fish," March 26, 2015
Footnotes
- ↑ 1.0 1.1 1.2 Kansas Legislature, "HCR 5008," accessed September 6, 2016
- ↑ 2.0 2.1 Arizona Legislature, "HCR5008 House Vote," accessed September 6, 2016
- ↑ 3.00 3.01 3.02 3.03 3.04 3.05 3.06 3.07 3.08 3.09 3.10 3.11 Note: This text is quoted verbatim from the original source. Any inconsistencies are attributable to the original source. Cite error: Invalid
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- ↑ 5.0 5.1 Kansas Legislature, "HCR 5008 Overview," accessed September 6, 2016
- ↑ National Rifle Association Institute for Legislative Action, "Kansas: The Right to Hunt, Fish and Trap Heads to November Ballot," March 18, 2016
- ↑ National Rifle Association Institute for Legislative Action, "Kansas: Constitutional Right to Hunt and Fish Amendment Introduced," January 24, 2016
- ↑ 8.0 8.1 The Topeka Capital-Journal, "Kansas voters to weigh constitutional protection for hunting and fishing," October 31, 2016
- ↑ Fox 4 News, "Kansas lawmaker introduces measure to preserve citizens’ right to hunt & fish," January 27, 2016
- ↑ The Wichita Eagle, "Amendment would establish constitutional right to hunt, fish and trap in Kansas," January 26, 2015
- ↑ Lawrence Journal-World, "Kansas House passes amendment protecting hunting, fishing rights," February 22, 2016
- ↑ 12.0 12.1 The Hays Daily News, "Right to hunt, fish, trap," March 1, 2016
- ↑ The Topeka Capitol-Journal, "Amendment would guarantee Kansans right to hunting, fishing, trapping," February 9, 2015
- ↑ Governing, "Are Fishing and Hunting a Right or a Privilege? Indiana and Kansas Will Decide," September 22, 2016
- ↑ Salina Journal, "Right to fish, hunt, trap constitutional amendment on Nov. 8 ballot," October 25, 2016
- ↑ WIBW, "You will soon get to decide if hunting is a constitutional right," March 17, 2016
- ↑ National Shooting Sports Foundation, "State “Right to Hunt and Fish” Protections," accessed May 20, 2015
- ↑ Kansas Ethics Commission,"Campaign Finance Forms Filed by Political Action Committees," accessed September 16, 2016
- ↑ Lawrence Journal-World, "Editorial: Don’t amend," October 26, 2016
- ↑ Salina Journal, "Don't change Constitution," November 2, 2016
- ↑ Wichita Eagle, "Endorsements: Congress, County Commission, Sheriff, judicial retention, amendment," October 30, 2016
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