Bill Description: Senate Bill 1003 would suspend the individual right to hunt, fish, and trap for those who have certain outstanding fines. 

Rating: -1

Does it violate the spirit or the letter of either the U.S. Constitution or the Idaho Constitution? Examples include restrictions on speech, public assembly, the press, privacy, private property, or firearms. Conversely, does it restore or uphold the protections guaranteed in the U.S. Constitution or the Idaho Constitution?

Senate Bill 1003 would amend Section 36-1402, Idaho Code, by adding a subsection that says, "Any person with outstanding fines or judgments of reimbursement or restitution from violations of this title [Title 36, Fish and Game] shall not be eligible to apply for any fishing, hunting, or trapping license, tag, or permit. Lifetime license certificate holders shall not be eligible to apply for a license until all fines, reimbursements, and restitution are paid in full."

It would provide an exception for "violators on approved time payment plans that are not ninety (90) days or more in arrears."

Article I, Section 23 of the Idaho Constitution says, "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. …" It also says, "The rights set forth … shall not prevent the suspension or revocation, pursuant to statute enacted by the Legislature, of an individual’s hunting, fishing or trapping license."

Senate Bill 1003 probably does not violate the letter of the Idaho Constitution as it would be a "statute enacted by the Legislature" that prevents certain Idahoans from obtaining a fishing, hunting, or trapping license, tag, or permit.

Does it violate the spirit of the Constitution, though? Should something as minor as an unpaid fine be a pretext to deny individuals access to activities that are recognized as a right and a valued part of the state's heritage?

More broadly, we must recognize that conditioning the exercise of individual rights on paying fines and fees (and obtaining licenses and permits) is inconsistent with the concept of rights, which should be regarded as inalienable — meaning they may not be taken away by government or ceded by citizens.

(-1)