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Montana Right to Hunt and Fish Amendment (2018)
| Montana Right to Hunt and Fish Amendment | |
|---|---|
 | |
| Election date November 6, 2018 | |
| Topic Hunting and fishing | |
| Status Not on the ballot | |
| Type Constitutional amendment | Origin State legislature |
The Montana Right to Hunt and Fish Amendment was not on the ballot in Montana as a legislatively referred constitutional amendment on November 6, 2018.
The measure would have repealed and replaced Section 7 of Article IX of the Montana Constitution, which provides for the constitutional "opportunity to harvest wild fish and wild game animals." The measure would have replaced the constitutional opportunity with the constitutional right to "hunt, fish, trap, and harvest wild fish and wildlife." The measure would have declared that "hunting, fishing, and trapping by citizens is the preferred manner of managing wild fish and wildlife," and that "the right to harvest wild fish and wildlife is a heritage that shall forever be preserved to the individual citizens of the state." Furthermore, the measure would have stated that hunting, fishing, and trapping are subject to proper management and conservation by the state, and that the amendment does not create a right to trespass on private property.[1]
Text of measure
Ballot title
The ballot title would have been as follows:[1]
| “ | An act submitting to the qualified electors of Montana an amendment to Article IX, Section 7, of the Montana Constitution to protect the rights of Montana citizens to hunt, fish, trap, and harvest wild fish and wildlife; establishing that hunting, fishing, and trapping is the preferred manner of managing wild fish and wildlife;allowing for necessary and proper management and conservation statutes and regulations; maintaining that this right does not create a right to trespass on private property or diminution of other private rights; and providing an effective date.[2] | ” |
Constitutional changes
- See also: Article IX, Montana Constitution
The measure would have repealed and replaced Section 7 of Article IX of the Montana Constitution. The following underlined text would have been added, and struck-through text would have been deleted:[1]
The citizens of Montana have the right to hunt, fish, trap, and harvest wild fish and wildlife, including the use of customary means and methods. Hunting, fishing, and trapping by citizens is the preferred manner of managing wild fish and wildlife and is subject to necessary and proper management and conservation statutes enacted by the legislature and regulatory authority delegated by the legislature to a designated public agency or commission. The right to harvest wild fish and wildlife is a heritage that shall forever be preserved to the individual citizens of the state and does not create a right to trespass on private property or a diminution of other private rights.[2]
Path to the ballot
- See also: Amending the Montana Constitution
In Montana, a constitutional amendment must be passed by a two-thirds vote of all members of the state legislature during one legislative session. In other words, both chambers do not need to approve an amendment by a two-thirds vote; rather, the combined 'yes' votes in the House and Senate need to equal two-thirds of all members.
Sen. Jennifer Fielder (R-7) introduced the amendment into the legislature as Senate Bill 236 (SB 236) on December 30, 2016. The Montana Senate approved the amendment, 30 to 20, on March 28, 2017. To receive a two-thirds vote of all legislators, SB 236 needed the 'yes' votes of 70 representatives in the 100-member Montana House of Representatives. On April 12, 2017, 48 members of the House cast 'yes' votes and 51 cast 'no' votes. The measure failed to make the ballot during the 2017 legislative session.[3]
Senate voteMarch 28, 2017[3]
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House voteApril 12, 2017[3]
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See also
External links
Footnotes
- ↑ 1.0 1.1 1.2 Montana Legislature, "Senate Bill 236," accessed March 29, 2017
- ↑ 2.0 2.1 Note: This text is quoted verbatim from the original source. Any inconsistencies are attributable to the original source. Cite error: Invalid
<ref>tag; name "quotedisclaimer" defined multiple times with different content - ↑ 3.0 3.1 3.2 Montana Legislature, "SB 236 Overview," accessed March 28, 2017
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State of Montana Helena (capital) |
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