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October 3, 2012     The Adams County Record
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October 3, 2012
 

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"l-he Adams County Record Wednesday, October 3, 2012 Page 5 f PUBLIC NOTICE OF CONSTITUTIONAL AMENDMENTS Two amendments to the Idaho Constitution will appear on the November 6, 2012 General Election ballot. These amendments have been proposed to the people for ratification following action by the legislature. The proposed amendments, the " Legislative Council's Statements of Meaning and Purpose and Result to be Accomplished, and the Statements For and the Statements A ]ainst are listed as follows: S.J.R. 102 [ Text of Proposed Amendment I IN THE SENATE SENATE JOINT RES(3LUTION NO. 102 BY JUDICIARYAND RULES COMMITTEE A JOINT RESOLUTION PROPOSING AN AMENDMENT TO SECTION 5, ARTICLE X, OF THE CONSTITUTION OF THE STATE OF IDAHO, RELATING TO THE CONTROL OVER STATE PRISONS; TO PROVIDE THAT THE STATE BOARD OF CORRECTION SHALL HAVE THE CONTROL, DIRECTION AND MANAGEMENT OF ADULT FELONY PROBATION AND. PAROLE; STATING THE QUESTION TO BE SUBMITTED TO THE ELECTORATE; DIRECTING THE LEGISLATIVE COUNCIL TO PREPARE THE STATEMENTS REQURED BY LAW AND DIRECTING THE SECRETARY OF STATE TO PUBLISH THE AMENDMENT AND ARGUMENTS AS REQUIRED BY LAW. Be It Resolved by the Legislature of the State of Idaho: SECTION 1. That Section 5, Article X, of the Constitution of the State of Idaho be amended to read as follows: Section 5. STATE PRISONS -- CONTROL OVER. The state legislature shall establish a nonpartisan board to be known as the state board of correction, and to consist of three 2. Because the Idaho Constitution is not clear regarding state and local supervision of adult felony and misdemeanor probationers, legal challenges could result in unwanted changes to the current system. This amendment would allow-voters to provide constitutional clarification. Statements AGAINST the Proposed Amendment 1. Changes to the Constitution should be made only for major issues of interest to the state or in the event of a constitutional crisis. 2. This Section preserves the statewide uniform felony probation system, but does not address possible different misdemeanor probation treatment among judicial districts. H.J.R. 2aa I Text of Proposed Amendment IN THE HOUSE OF REPRESENTATIVES HOUSE JOINT RESOLUTION NO. 2, AS AMENDED BY WAYS AND MEANS COMMITTEE A JOINT RESOLUTION PROPOSING AN AMENDMENT TO ARTICLE I, OF THE CONSTITUTION OF THE STATE OF IDAHO, BY THE ADDITION OF A NEW SECTION 23, ARTICLE I, TO PROVIDE THAT THE RIGHTS TO HUNT, FISH AND TRAP, INCLUDING BY THE .USE OF TRADITIONAL METHODS, ARE A VALU ED lead to a diminution of other private rights, and shall not prevent the suspension or revocation, pursuant to statute enacted, by the Legislature, of an individual's hunting, fishing or trapping license. Ballot Question I "Shall Article I, of the Constitution of the State of Idaho be amended by the addition of a New Section 23, to provide that the rights to hunt, fish and trap, including by the use of traditional methods, are a valued part of the heritage of the State of Idaho and shall forever be preserved for the people and managed through the laws, rules and proclamations that preserve the future of hunting, I fishing and trapping; to provide that public hunting, fishing and trapping of wildlife shall be a preferred means of managing wildlife; and to provide that the rights set forth do not create a right to trespass on private property, shall not affect rights to divert, appropriate and use water, or establish any minimum amount of water in any water body, shall not lead to a diminution of other private rights, and shall not prevent the suspension or revocation, pursuant to statute enacted bythe Legislature, I , RIGHTS SET FORTH DO NOT CREATE Ballot Question I A RIGHT TO TRESPASS ON PRIVATE PROPERTY, SHALL NOT AFFECT "Shall Section 5, Article X, of the RIGHTS TO DIVERT, APPROPRIATE Constitution of the State of Idaho be AND USE WATER, OR ESTABLISH ANY amended to provide that the State MINIMUM AMOUNT OF WATER IN ANY WATER BODY, SHALL NOT LEAD TO Board of Correction shall have the A DIMINUTION OF OTHER PRIVATE control, direction and management RIGHTS, AND SHALL NOT PREVENT of adult felony probation and parole?" Legislative Council's Statement of Meaning, Purpose and Result to be Accomplished S.J.R. 102 Currently, Section 5, Article X, of the ConstitUtion of the State of Idaho provides that the Board of Correction shall have the control, direction and management of adult probation and parole. The proposed amendment would insert the word "felony" before the word "probation" and would clarify that the Board of Correction's authority is limited to the supervision and management of felony offenders. Consequently, if the proposed constitutional amendment is adopted, the Board of Correction would not have the authority to supervise or manage misdemeanor probationers. Misdemeanor probationers would continue to be supervised by Idaho counties, as is permitted by law. Legislative Council's Statements FOR the Proposed Amendment 1. Currently, adult felony probationers are supervised by the Board of Correction through the Idaho Department of Correction. This amendment would preserve local control of the misdemeanor probation process by clarifying that the state's role is limited to felony offenders, while counties have supervision authority over misdemeanor probationers. THE SUSPENSION OR REVOCATION, PURSUANT TO STATUTE ENACTED BY THE LEGISLATURE, OFAN INDIVIDUAL'S HUNTING, FISHING OR TRAPPING LICENSE; STATING THE QUESTION TO BE SUBMITTED TO THE ELECTORATE; DIRECTING THE LEGISLATIVE COUNCIL TO PREPARE THE STATEMENTS REQUIRED BY LAW; AND DIRECTING THE SECRETARY OF STATE TO PUBLISH THE AMENDMENT AND ARGUMENTS AS REQUIRED BY LAW. Be It Resolved by the Legislature of the State of Idaho: SECTION 1. ThatArticle I, of the Constitution of the State of Idaho, be, and the same is hereby amended by the addition thereto of a NEW SECTION, to be known and designated as Section 23, Article I, of the Constitution of the State of Idaho and to read as follows: SECTION 23. THE RIGHTS TO HUNT, FISH AND TRAP. The rights to hunt, fish and trap, including by the use of traditional methods, are a valued part of the heritage of the State of Idaho and shall forever be preserved for the people and managed through the laws, rules and proclamations that preserve the future of hunting, fishing and trapping. Public hunting, fishing and trapping of wildlife shall be a preferred means of managing wildlife. The rights set forth herein do not create a right to trespass on private property, shall not affect rights to divert, appropriate and use water, or establish any minimum amount of water in any water body, shall not that the rights to hunt, fish and trap are a valued part of Idaho's heritage and would preserve these rights for the people of Idaho and manage these rights through the laws of the state. This amendment specifies that hunting, fishing and trapping shall be a preferred means of managing wildlife. This amendment does not create a right to trespass or affect rights to divert or appropriate water. This amendment also will not prevent the suspension or revocation of licenses issued by the state for hunting,. fishing or trapping. Legislative Council's Statements FOR the Proposed Amendment 1. Hunting, fishing and trapping have long been practiced by the people of Idaho, and this amendment preserves Idaho's great sporting heritage. 2. Hunters, fishers and trappers help sustain a healthy ecosystem, and this amendment provides sportsmen meaningful and permanent protection to hunt, fish and trap. 3. Without constitutional protection, bans on certain types of hunting and trapping have been successful in other states and have incrementally eroded sportsmen's rights. Statements AGAINST the Proposed Amendment 1. Future legislation to address public concerns regarding inhumane and unsportsmanlike practices could be affected by this amendment. 2. This amendment is unnecessary because the rights to hunt, fish and trap are not threatened and are already protected by law. 3. The Idaho Department of Fish and Game's wildlife management decisions could be constitutionally challenged as a result of this amendment. Published by Ben Ysursa Secretary of State State of Idaho such compensation, powers, and duties as PREFERRED MEANS OF MANAGING may be prescribed by law. WILDLIFE AND TO PROVIDE THAT THE members appointed by the governor, onePART OF THE HERITAGE OF THE STATE , , it. '~ member for two years, one member for four OF IDAHO AND SHALL FOREVER BE of an individual s,huntlng, fishing n years, and one member for six years. After PRESERVED FOR THE PEOPLE AND trapping license? theappointmentofthefirstboardtheterm of MANAGED THROUGH THE LAWS, - i ........ each member appointed shall be six years. RULES AND PROCLAMATIONS THAT L lislative Council's Statement of This board shall have the control, direction PRESERVE THE FUTURE OF HUNTING, Meaning, Purpose and Result to be and management of the penitentiaries of the FISHING AND TRAPPING, TO PROVIDE Accomplished H.J.R. 2aa state, their employees and properties, and THAT PUBLIC HUNTING, FISHING AND of adult felony probation and parole, with TRAPPING OF WILDLIFE SHALL BE A This proposed amendment would provide