Senate Bill 16
151st General Assembly (Present)
Senate Executive 1/12/21
Awaiting consideration in Committee
AN ACT PROPOSING AN AMENDMENT TO ARTICLE 1 OF THE DELAWARE CONSTITUTION RELATING TO HUNTING, FISHING, AND TRAPPING.
This Act is the first leg of a constitutional amendment to establish the right to hunt and fish in Delaware. Twenty-one other states have preserved the rights of their citizens to hunt, fish, or trap wildlife. This Act is modeled after the constitutional provisions of Idaho, Indiana, Kentucky, Louisiana, and Tennessee. This Act specifically acknowledges Delaware’s valued, natural heritage of hunting, fishing, and trapping, and declares hunting, fishing, and trapping as the preferred methods of managing and controlling wildlife in this State. This Act may not be applied to do any of the following: 1. Affect rights to divert, appropriate, or use water, or to establish a minimum amount of water in any water body. 2. Lead to a diminution or abrogation of a public or private right or of the State’s power to regulate commercial activities. 3. Prevent the suspension or revocation, under a law enacted by the General Assembly, of an individual’s hunting, fishing, or trapping license. 4. Alter a burden of proof requirement otherwise established by law for a challenge to a law or regulation pertaining to hunting, fishing, or trapping the wildlife of this State.
A First Leg amendment must be approved by the next General Assembly to become part of the Constitution. A Second Leg amendment becomes part of the Constitution upon passage of both Chambers of the subsequent General Assembly.