Full Statute Name:  2004 Ballot Issue 1: Constitutional Amendment to Preserve the Right to Hunt, Fish, and Trap

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Primary Citation:  Ballot Issue 1 (2004) Country of Origin:  United States Last Checked:  August, 2014 Date Adopted:  2004
Summary: This Louisiana ballot measure amended the state constitution after it was resoundingly approved in November of 2004 (by 81% of voters). The measure was initiated by the state legislature in Senate Bill 2 and was sent to the electors of the state for a vote. The measure on the official ballot stated that citizens were to vote FOR or AGAINST to amend the Constitution of Louisiana with the following proposition: "To guarantee the right of every citizen to hunt, fish and trap, subject to regulation, restriction, or prohibition as provided by law. (Adds Article I, 14 Section 27)."

Amendment No. 1, Regular Session, 2004, A JOINT RESOLUTION "Proposing to add Article I, Section 27 of the Constitution of Louisiana, relative to the declaration of rights; to preserve the freedom to hunt, fish, and trap, subject to regulation, restriction, or prohibition imposed pursuant to law; and to specify an election for submission of the proposition to electors and provide a ballot proposition."

ENROLLED

CODING: Words in struck through are deletions from existing law; words underscored and boldfaced are additions.

Act No. 927

Regular Session, 2004

SENATE BILL NO. 2

BY SENATORS MCPHERSON, CAIN, B. GAUTREAUX, N. GAUTREAUX, MALONE, MICHOT, ROMERO, ELLINGTON, HOLLIS, MARIONNEAUX AND SMITH AND REPRESENTATIVES ALARIO, ARNOLD, BADON, BALDONE, BROOME, R. CARTER, CAZAYOUX, CURTIS, DARTEZ, DEWITT, DORSEY, DOVE, DOWNS, ERDEY, FANNIN, FARRAR, FAUCHEUX, FLAVIN, FRITH, FUTRELL, E. GUILLORY, M. GUILLORY, HAMMETT, HEBERT, HILL, HOPKINS, HUNTER, HUTTER, JEFFERSON, KATZ, KENNARD, KENNEY, LABRUZZO, LAFLEUR, LAMBERT, LANCASTER, MARCHAND, MCDONALD, MCVEA, MORRELL, MORRISH, MURRAY, PIERRE, M. POWELL, T. POWELL, QUEZAIRE, RITCHIE, ROMERO, SALTER, SCALISE, SHEPHERD, GARY SMITH, JACK SMITH, JANE SMITH, JOHN SMITH, ST. GERMAINE, STRAIN, THOMPSON, TOWNSEND, TRAHAN, WALKER, WALSWORTH, WHITE, WOOTON AND WRIGHT.

A JOINT RESOLUTION 1

Proposing to add Article I, Section 27 of the Constitution of Louisiana, relative to the declaration of rights; to preserve the freedom to hunt, fish, and trap, subject to regulation, restriction, or prohibition imposed pursuant to law; and to specify an 4 election for submission of the proposition to electors and provide a ballot proposition.

Section 1. Be it resolved by the Legislature of Louisiana, two-thirds of the members elected to each house concurring, that there shall be submitted to the electors of the state, for their approval or rejection in the manner provided by law, a proposal to add Article I, Section 27 of the Constitution of Louisiana, to read as follows:  §27. Freedom to Hunt, Fish and Trap

Article I, Section 27 is all new law.

Section 27. The freedom to hunt, fish, and trap wildlife, including all aquatic life, traditionally taken by hunters, trappers and anglers, is a valued natural heritage that shall be forever preserved for the people. Hunting, fishing and trapping shall be managed by law and regulation consistent with Article IX, Section I of the Constitution of Louisiana to protect, conserve and replenish the natural resources of  the state. The provisions of this Section shall not alter the burden of proof requirements otherwise established by law for any challenge to a law or regulation pertaining to hunting, fishing or trapping the wildlife of the state, including all aquatic life. Nothing contained herein shall be construed to authorize the use of private property to hunt, fish, or trap without the consent of the owner of the property.

Section 2. Be it further resolved that this proposed amendment shall be submitted to the electors of the state of Louisiana at the election to be held on November 2, 2004.  Section 3. Be it further resolved that on the official ballot to be used at said election there shall be printed a proposition, upon which the electors of the state shall be permitted to vote FOR or AGAINST, to amend the Constitution of Louisiana, which proposition shall read as follows:

To guarantee the right of every citizen to hunt, fish and trap, subject to regulation, restriction, or prohibition as provided by law. (Adds Article I, 14 Section 27)

PRESIDENT OF THE SENATE

SPEAKER OF THE HOUSE OF REPRESENTATIVES

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