House Joint Resolution 3 - Introduced HOUSE JOINT RESOLUTION 3 BY LEVIN , KURTH , GOSA , WESSEL-KROESCHELL , R. JOHNSON , McBURNEY , WICHTENDAHL , B. MEYER , and WILBURN HOUSE JOINT RESOLUTION A Joint Resolution proposing an amendment to the Constitution 1 of the State of Iowa relating to the right of the people to a 2 clean environment. 3 BE IT RESOLVED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 4 TLSB 2241YH (2) 91 sb/js
H.J.R. 3 Section 1. The following amendment to the Constitution of 1 the State of Iowa is proposed: 2 Article 1 of the Constitution of the State of Iowa is amended 3 by adding the following new section: 4 Sec. 1B. Right to clean environment. Every person has the 5 right to a clean and healthy environment, including pure water, 6 clean air, a stable climate, ecologically healthy habitats, 7 and the preservation of the natural and human health qualities 8 of the environment. The state shall not infringe upon these 9 rights. The states public natural resources, including its 10 soils, waters, air, flora, fauna, climate, and public lands, 11 are the common property of the people, including both present 12 and future generations. As trustee of these resources, the 13 state shall conserve, maintain, and restore these resources for 14 the health and benefit of all the people. This section and 15 the rights stated herein are self-executing and shall be in 16 addition to any rights conferred by the public trust doctrine 17 or common law. Any and all infringements upon these rights 18 shall be subject to strict scrutiny. 19 Sec. 2. REFERRAL AND PUBLICATION. The foregoing proposed 20 amendment to the Constitution of the State of Iowa is referred 21 to the general assembly to be chosen at the next general 22 election for members of the general assembly, and shall be 23 published as provided by law for three months previous to the 24 date of that election. 25 EXPLANATION 26 The inclusion of this explanation does not constitute agreement with 27 the explanations substance by the members of the general assembly. 28 This joint resolution proposes an amendment to the 29 Constitution of the State of Iowa providing that every person 30 has a right to a clean and healthy environment, including 31 pure water, clean air, a stable climate, ecologically healthy 32 habitats, and the preservation of the natural and human health 33 qualities of the environment. The state shall not infringe 34 upon these rights. The proposed amendment declares that the 35 -1- LSB 2241YH (2) 91 sb/js 1/ 2
H.J.R. 3 states public natural resources are the common property of 1 the people, including both present and future generations, 2 and that the state, as trustee, shall conserve, maintain, and 3 restore these resources for the health and benefit of all the 4 people. The proposed amendment and the rights stated therein 5 are self-executing and shall be in addition to any rights 6 conferred by the public trust doctrine or common law. The 7 proposed amendment states that any and all infringements upon 8 these rights shall be subject to strict scrutiny. 9 The resolution, if adopted, would be published and then 10 referred to the next general assembly (92nd) for adoption a 11 second time, before being submitted to the electorate for 12 ratification. 13 -2- LSB 2241YH (2) 91 sb/js 2/ 2