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SECOND REGULAR SESSION
HOUSE JOINT
RESOLUTION NO. 195
103RD GENERAL ASSEMBL Y
INTRODUCED BY REPRESENT A TIVE OVERCAST .
7056H.01I JOSEPH ENGLER, Chief Clerk
JOINT RESOLUTION
Submitting to the qualified voters of Missouri an amendment repealing Section 40(a) of
Article IV of the Constitution of Missouri, and adopting two new sections in lieu
thereof relating to the powers of the conservation commission.
Be it r esolved by the House of Repr esentatives, the Senate concurring ther ein:
That at the next general election to be held in the state of Missouri, on T uesday next
2 following the first Monday in November , 2026, or at a special election to be called by the
3 governor for that purpose, there is hereby submitted to the qualified voters of this state, for
4 adoption or rejection, the following amendment to Article IV of the Constitution of the state
5 of Missouri:
Section A. Section 40(a), Article IV , Constitution of Missouri, is repealed and two
2 new sections adopted in lieu thereof, to be known as Sections 40(a) and 40(c), to read as
3 follows:
Section 40(a). The control, management, restoration, conservation and regulation of
2 the bird, fish, game, forestry and all wildlife resources of the state, including hatcheries,
3 sanctuaries, refuges, reservations and all other property owned, acquired or used for such
4 purposes and the acquisition and establishment thereof, and the administration of all laws
5 pertaining thereto, except all rules and reg ulations promulg ated shall be subject to any
6 r equir ements for executive agencies in general law , shall be vested in a conservation
7 commission consisting of four members appointed by the governor , by and with the advice
8 and consent of the senate, not more than two of whom shall be of the same political party .
EXPLANA TION — Matter enclosed in bold-faced brackets [thus] in the above bill is not enacted and is
intended to be omitted from the law . Matter in bold-face type in the above bill is proposed language.
9 The members shall have knowledge of and interest in wildlife conservation. The members
10 shall hold of fice for terms of six years beginning on the first day of July of consecutive odd
11 years. T wo of the terms shall be concurrent; one shall begin two years before and one two
12 years after the concurrent terms. If the governor fails to fill a vacancy within thirty days, the
13 remaining members shall fill the vacancy for the unexpired term. The members shall receive
14 no salary or other compensation for their services as members, but shall receive their
15 necessary traveling and other expenses incurred while actually engaged in the dischar ge of
16 their of ficial duties.
Section 40(c). 1. For purposes of wildlife enforcem ent, adjudication, and
2 pr ocedural due pro cess, the following terms mean:
3 (1) "Actively hunting":
4 (a) Engaging in the pursuit, stalking, tracking, or taking of wildlife with the
5 pr esent intent to harvest such wildlife, while possessing a functional weapon outside of a
6 motor vehicle and engaging in conduct demonstrating pursuit beyond mer e pr esence,
7 transit, or staging activity;
8 (b) The term "actively hunting" shall not include:
9 a. Standing within fifty feet of a motor vehicle;
10 b. Entering, exiting, loading, unloading, or staging equipment near a motor
11 vehicle; or
12 c. Mer e possession of a lawful weapon absent pursuit of or an attempt to take
13 wildlife;
14 (2) "Commission", the conservation commission crea ted under Article IV of the
15 Constitution of Missouri;
16 (3) "Department", the department of conservation creat ed under section
17 252.002;
18 (4) "Pro tected private land", land that is privately owned and regard ed as
19 pr otected pr operty where the owner of the land has manifested an intent to exclude the
20 general public fr om engaging in activities including, but not limited to, fencing, gating,
21 posting signage, cultivation, or livestock use;
22 (5) "Retention", the continued holding of seized wildlife beyond the time
23 r easonably necessary to document the alleged violation;
24 (6) "Seizur e", the taking of wildlife, carcass es, or parts by an authorized
25 conservation agent incident to enforcem ent.
26 2. Nothing in this section shall be construed to limit the authority of the
27 conservation commission or the department of conservation to seize wildlife incident to
28 lawful enfor cement. Seizur e shall not constitute forfeitur e. Wil dlife shall not be deemed
29 forfeited absent an order enter ed by a court of competent jurisdiction.
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30 3. Payment of a citation, fine, or administrative penalty shall not be req uired as
31 a condition for the retu rn of seized wildlife unless forfeitur e is express ly order ed by a
32 court. Acceptance of payment shall not operate as an admission of forfeitur e.
33 4. Wi ldlife may be reta ined for a r easonable period necessary to photograph,
34 tag, sample, or otherwise document an alleged violation. If wildlife is ret ained beyond
35 seventy-two hours after seizure, judicial authorization shall be requ ired. Such
36 authorization shall be sought no later than seven days after seizur e and shall requi re a
37 showing of pr obable cause that a violation occurr ed, and specific necessity for continued
38 r etention pending adjudication. Exigent cir cumstances may justify temporary
3 9 continued reten tion but shall not excuse the r equir ement for judicial authorization
40 within the prescrib ed period.
41 5. (1) Seized wildlife shall be retu rned to the owner pending final disposition
42 unless a court finds, by clear and convincing evidence, that:
43 (a) The wildlife constitutes contraband per se;
44 (b) Continued r etention is necessary to pr eserve material evidence;
45 (c) Retention is r equir ed to protect public health or safety; or
46 (d) The owner has been adjudicated guilty of a substantially similar violation
47 within the prec eding five years.
48 (2) The burden of pr oof shall res t with the department.
49 6. Forfeitur e shall not be order ed unless the department pr oves by clear and
50 convincing evidence that forfeiture is authorized by law and is pr oportional to the
51 violation. Forfeiture proceed ings shall be separate fr om the determination of guilt by a
52 court of competent jurisdiction, and no inferen ce of guilt shall arise fr om seizur e or
53 r etention.
54 7. (1) At the time of seizur e, the conservation commission or department agent
55 or employee shall pr ovide the owner with written notice, stating:
56 (a) The statutory prov ision alleged to have been violated;
57 (b) The specific factual basis for the seizure;
58 (c) Whether the department intends to r etain the wildlife beyond
5 9 documentation; and
60 (d) The right to judicial r eview .
61 (2) Failur e to prov ide the notice under subdivision (1) of this subsection creat es a
62 r ebuttable presum ption that continued ret ention is unlawful.
63 (3) An owner may file a verified petition with a r equest for an expedited judicial
64 hearing in a court of competent jurisdiction. The owner shall pay the filing fees and
65 court costs associated with filing the petition. The court shall set the case for hearing no
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66 later than five business days after filing of the petition unless good cause is shown for a
67 delay . The department of conservation shall bear the burden of pr oof at such hearing.
68 8. If the re tention of wildlife by the department is found to be unlawful, the court
69 shall order immediate ret urn of the wildlife to the owner or the payment of monetary
70 compensation in equivalent value if the retu rn is impossible. Reasonable attorney's fees
71 and costs may be awarded only upon a finding of material noncompliance of the
72 applicable law or the department's rules and re gulations. Nothing herei n shall be
73 construed as a general waiver of soverei gn immunity .
74 9. (1) Except as pr ovided in subdivision (2) of this subsection, no commission or
75 department agent shall enter protecte d private land for purposes of investigation,
76 surveillance, enfor cement, or evidence gathering without:
77 (a) A warrant issued by a court of competent jurisdiction; or
78 (b) V oluntary consent of the pro perty owner or lawful occupant of the pr operty .
79 (2) A commission or department agent may enter pro tected private land without
80 a warrant only when:
81 (a) Responding to an objectively r easonable exigent cir cumstance involving
82 immediate thr eat to public safety , destruction of material evidence, or the active
83 commission of a violent or felony wildlife-re lated offense; or
84 (b) Engaging in noninvestigatory activities express ly authorized by law that do
85 not involve surveillance, evidence collection, or enfor cement action.
86 (3) Routine patr ol, generalized surveillance, or speculative investigation shall not
87 constitute exigent cir cumstances for purposes of subdivision (2) of this subsection.
88 (4) The open fields doctrine shall not, standing alone, authorize warrantless
89 entry onto pro tected private land for wildlife enfor cement purposes under the
90 Constitution of Missouri.
91 (5) Evidence obtained in violation of this subsection shall be inadmissible in any
92 criminal, civil, or administrative wildlife enforcem ent pr oceeding.
93 (6) Nothing in this subsection shall be construed to:
94 (a) Pro hibit entry upon public land or land subject to public access easements;
95 (b) Limit enforcem ent authority on navigable waters where public access rights
96 exist; or
97 (c) Restrict lawful entry under a valid warrant or voluntary consent.
98 10. Nothing in this section shall be construed to:
99 (1) Decriminalize poaching or illegal taking of wildlife;
100 (2) Diminish the constitutional authority of the conservation commission to
101 conserve and regul ate wildlife res our ces; or
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102 (3) Creat e a private cause of action beyond the rem edies expr essly pr ovided
103 under the law .
Section B. Pursuant to chapter 1 16, and other applicable constitutional provisions and
2 laws of this state allowing the general assembly to adopt ballot language for the submission of
3 this joint resolution to the voters of this state, the of ficial summary statement of this
4 resolution shall be as follows:
5 "Shall the Missouri Constitution be amended to require judicial oversight and due
6 process protections in wildlife enforcement, limit warrantless entry onto private land, and
7 restore legislative oversight of enforcement regulations, while preserving the conservation
8 authority of the Missouri Department of Conservation?".
✔
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