GENERAL ASSEMBLY OF NORTH CAROLINA

SESSION 2009

S                                                                                                                                                     1

SENATE BILL 329

 

 

Short Title:        Right to Hunt.

(Public)

Sponsors:

Senators Hoyle;  Allran, Apodaca, Berger of Franklin, Berger of Rockingham, Bingham, Blake, Boseman, Brock, Brown, Clary, East, Forrester, Goss, Jacumin, Jenkins, Jones, Preston, Queen, Rouzer, Snow, Swindell, Tillman, Vaughan, and Weinstein.

Referred to:

Ways & Means.

February 26, 2009

A BILL TO BE ENTITLED

AN ACT TO AMEND THE north carolina CONSTITUTION TO recognize the right to hunt and fish in north carolina.

The General Assembly of North Carolina enacts:

SECTION 1.  Article XIV of the North Carolina Constitution is amended by adding a new section to read:

"Sec. 6. Right to hunt and fish.

The citizens of North Carolina have a right to hunt, fish, and harvest wildlife, including the use of traditional means and methods, subject only to laws as enacted by the General Assembly, and rules and regulations adopted by an administrative agency to which authority has been delegated in accordance with law, to promote sound wildlife conservation and management. Public hunting and fishing shall be a preferred means of managing and controlling wildlife. Nothing herein shall be construed to modify any provision of common law or statutes relating to trespass or property rights."

SECTION 2.  The amendment set out in Section 1 of this act shall be submitted to the qualified voters of the State at a statewide general election on November 3, 2010, which election shall be conducted under the laws then governing elections in the State.  Ballots, voting systems, or both may be used in accordance with Chapter 163 of the General Statutes.  The question to be used in the voting systems and ballots shall be:

"[ ] FOR           [ ] AGAINST

Constitutional amendment to recognize the right to hunt and fish in North Carolina."

SECTION 3.  If a majority of votes cast on the question are in favor of the amendment set out in Section 1 of this act, the State Board of Elections shall certify the amendment to the Secretary of State. The Secretary of State shall enroll the amendment so certified among the permanent records of that office. The amendment set out in Section 1 of this act shall become effective upon certification.

SECTION 4.  This act is effective when it becomes law.