BILL NUMBER: ACA 11	AMENDED
	BILL TEXT

	AMENDED IN ASSEMBLY  MARCH 17, 2010

INTRODUCED BY   Assembly Member Bill Berryhill
    (   Coauthors:   Assembly Members 
 Anderson,   Conway,   DeVore,  
Fuller,   and Silva   ) 
    (   Coauthors:   Senators  
Aanestad   and Huff   ) 

                        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 amended, Bill Berryhill.  Hunting and taking
game.   Wildlife: hunting and fishing. 
   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   and fish wildlife, as defined,
subject only to statutes enacted by the Legislature and regulations
adopted by the Fish and Game Commission to promote wildlife
conservation and management   .   It would provide
that public hunting and fishing, including the use of traditional
methods, as defined, would be a preferred means of managing and
controlling wildlife  .
   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.  
      SEC. 32.  (a) The citizens of this State have the right to hunt
and fish wildlife, subject only to statutes enacted by the
Legislature and regulations adopted by the Fish and Game Commission
to promote wildlife conservation and management. Public hunting and
fishing, including the use of traditional methods, shall be a
preferred means of managing and controlling wildlife. This section
shall not be construed to modify any provision of law relating to
trespass or property rights.
   (b) For purposes of this section, the following definitions apply:

   (1) "Traditional methods" includes, but is not limited to, bows
and arrows, and any other methods as determined by the commission.
   (2) "Wildlife" means all species of animals including, but not
limited to, mammals, birds, fish, reptiles, amphibians, mollusks, and
crustaceans, that are regulated by statute or regulation.