State of Arkansas
As Engrossed: S3/7/05 S3/23/05 S3/28/05 S3/29/05
85th General Assembly
Regular Session, 2005
By: Senators Faris, Altes, Critcher, Baker, Wilkinson, Broadway, J. Bookout, Glover, Horn, G. Jeffress, J. Jeffress, B. Johnson, Laverty, Miller, T. Smith, J. Taylor, Trusty, Whitaker, Womack, WooldridgeBy: Representatives Sumpter, Burris, Jeffrey, Pyle, R. Green, Abernathy, Adams, Schulte, Davenport, Glidewell, Kidd, Rankin, D. Creekmore, Thyer, Ragland, Wood, Mathis, L. Evans, Rosenbaum, Hardwick, Pickett, J. Johnson, Edwards, Maxwell, Thompson, McDaniel, Dunn, Berry, Blount, Bond, Childers, Clemons, Cook, Davis, Dickinson, D. Evans, George, T. Hutchinson, Mack, J. Martin, Medley, Pate, Petrus, S. Prater, Reep, Sample, Scroggin, Sullivan, Thomason, Verkamp, Walters, Wills, Wyatt
SENATE JOINT RESOLUTION
PROPOSING AN AMENDMENT TO THE ARKANSAS CONSTITUTION FOR THE PRESERVATION OF HUNTING, TRAPPING, AND FISHING.
PROPOSING AN AMENDMENT TO THE ARKANSAS
CONSTITUTION FOR THE PRESERVATION OF
HUNTING, TRAPPING, AND FISHING.
BE IT RESOLVED BY THE SENATE OF THE EIGHTY-FIFTH GENERAL ASSEMBLY OF THE STATE OF ARKANSAS AND BY THE HOUSE OF REPRESENTATIVES, A MAJORITY OF ALL MEMBERS ELECTED TO EACH HOUSE AGREEING THERETO:
That the following is proposed as an amendment to the Constitution of the State of Arkansas, and upon being submitted to the electors of the state for approval or rejection at the next general election for Senators and Representatives, if a majority of the electors voting thereon at the election, adopt the amendment, the amendment shall become a part of the Constitution of the State of Arkansas, to wit:
SECTION 1. Preservation of hunting, trapping, and fishing.
(a) Hunting, trapping, fishing, and the taking of wild animals, birds, and fish are a valued part of our heritage and will be forever preserved for the people of Arkansas.
(b) No part of this Amendment shall be deemed to supersede Amendment 35 of the Arkansas Constitution or the Game and Fish CommissionÂ’s authority to promulgate rules and regulations consistent with Amendment 35 and this Amendment.
(c) Fish and wildlife shall be managed consistent with Amendment 35 to the Arkansas Constitution. The people of Arkansas shall be provided with the continued opportunity to take, by traditional means and methods, species traditionally pursued by hunters, anglers, and trappers. Fish and wildlife management, including taking, shall be consistent with the StateÂ’s duty to protect this heritage and its duty to conserve wild animals, birds, and fish. Hunting, fishing, or trapping by sportsmen shall always be a means of controlling all invasive or overpopulated species.
(d) The right of the people to hunt, fish, trap, and harvest game shall not be abridged without due process of law.
(e) It is the public policy of the State of Arkansas to promote the public and private acquisition, approval, construction, and operation of shooting ranges and other facilities where people may acquire and enhance their training and skills to hunt and harvest game safely, efficiently, and humanely.
(f) This Amendment shall not be construed to alter:
(1) Common law or statutes relating to trespass, eminent domain, or any other public or private property rights; or
(2) Laws concerning firearms;
(3) The legislative powers of municipalities and counties; or
(4) The sovereign immunity of the State of Arkansas.
SECTION 2. This amendment shall become effective on January 1, 2007.