BILL NUMBER: ACA 11	INTRODUCED
	BILL TEXT


INTRODUCED BY   Assembly Member Bill Berryhill

                        FEBRUARY 26, 2009

   A resolution to propose to the people of the State of California
an amendment to the Constitution of the State, by adding Section 32
to Article I thereof, relating to hunting and taking game.


	LEGISLATIVE COUNSEL'S DIGEST


   ACA 11, as introduced, Bill Berryhill. Hunting and taking game.
   The California Constitution authorizes the Legislature to delegate
to the Fish and Game Commission powers relating to the protection
and propagation of fish and game. Existing statutory law delegates to
the commission the power to regulate the taking or possession of
birds, mammals, fish, amphibia, and reptiles in accordance with
prescribed laws. Under existing law, the Department of Fish and Game
exercises various functions with regard to the taking of fish and
game.
   This measure would establish the right to hunt and take game in
the state.
   Vote: 2/3. Appropriation: no. Fiscal committee: yes.
State-mandated local program: no.



   Resolved by the Assembly, the Senate concurring, That the
Legislature of the State of California at its 2009-10 Regular Session
commencing on the first day of December 2008, two-thirds of the
membership of each house concurring, hereby proposes to the people of
the State of California, that the Constitution of the State be
amended as follows:
    That Section 32 is added to Article I thereof, to read:
      SEC. 32.  (a) The people have the right to hunt and take game
in the State, subject to the other provisions of this section.
Neither the Legislature nor the Fish and Game Commission shall impose
an absolute prohibition on the right to hunt or take game.
   (b) The State shall encourage public and private facilities that
provide the public with the opportunity to learn and practice safe
hunting and shooting skills.
   (c) This section does not authorize an individual to unlawfully
enter upon private property for the purpose of hunting or to taking
game.
   (d) This section does not authorize an individual to hunt or take
a species protected by federal or state law.
   (e) This section does not prohibit the Legislature or the Fish and
Game Commission in accordance with Section 20 of Article IV from
imposing conditions necessary for the protection and propagation of
game.