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2008 Ballot Issue CI-101

Ballot Language of Constitutional
Initiative No. 101

CI-101

A CONSTITUTIONAL AMENDMENT PROPOSED BY INITIATIVE PETITION.

Under Montana law, the state owns wild fish and wild game for the benefit of the people of the State of Montana. CI-101 amends the Montana Constitution to prohibit any law that conflicts with public ownership of wild fish and wild game. It also requires the state’s management of wild fish and wild game to benefit the people more than any corporate or commercial interest.

[ ] FOR amending the Montana Constitution to prohibit any law that conflicts with public ownership of wild fish and wild game.

[ ] AGAINST amending the Montana Constitution to prohibit any law that conflicts with public ownership of wild fish and wild game.

THE COMPLETE TEXT OF CONSTITUTIONAL INITIATIVE NO. 101

BE IT ENACTED BY THE PEOPLE OF THE STATE OF MONTANA:

Section 1. Article IX, section 7, of The Constitution of the State of Montana is amended to read:

"Section 7. Preservation of harvest heritage. (1) The opportunity to harvest wild fish and wild game animals is a heritage that shall forever be preserved to the individual citizens of the state and does not create a right to trespass on private property or diminution of other private rights.

(2) The people of the state of Montana collectively own the wild fish and wild game animals of this state. Accordingly, any law adopted affecting this right shall not conflict with it. Managing the wild fish and wild game animals shall be done in a manner that primarily benefits the people of Montana, and corporate or commercial benefits are secondary to this collective right."

NEW SECTION. Section 2. Saving clause. This amendment does not affect rights and duties that matured, penalties that were incurred, or proceedings that were begun before the effective date of this amendment.

NEW SECTION. Section 3. Severability. If a part of this amendment is invalid, all valid parts that are severable from the invalid part remain in effect. If a part of this amendment is invalid in one or more of its applications, the part remains in effect in all valid applications that are severable from the invalid applications.

NEW SECTION. Section 4. Effective date. This amendment is effective upon approval by the electorate.