Kentucky 2023 Regular Session

Kentucky House Bill HB140 Latest Draft

Bill / Introduced Version

                            UNOFFICIAL COPY  	23 RS BR 486 
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AN ACT proposing to create a new section of the Constitution of Kentucky relating 1 
to the environment. 2 
Be it enacted by the General Assembly of the Commonwealth of Kentucky: 3 
Section 1.   Are you in favor of requiring the Commonwealth of Kentucky to 4 
establish a right of the people to have a healthy environment, including clean air, pure 5 
water, and ecologically healthy habitats, and to declare the Commonwealth's natural 6 
resources are the common property of all people, including the generations to come, by 7 
amending the Constitution of Kentucky as stated below? 8 
SECTION 2.   IT IS PROPOSED THAT A NEW SECTION BE ADDED TO 9 
THE CONSTITUTION OF KENTUCKY TO READ A S FOLLOWS: 10 
Every person has a right to a healthy environment, including a right to clean air, 11 
pure water, and ecologically healthy habitats. The Commonwealth's natural resources, 12 
among them its air, water, flora, fauna, climate, and public lands, are the common 13 
property of all people, including generations yet to come. As trustee of the environment 14 
and its natural resources, the Commonwealth shall conserve and maintain them for the 15 
benefit of all people. 16 
Section 3. This amendment shall be submitted to the voters of the 17 
Commonwealth for their ratification or rejection at the time and in the manner provided 18 
for under Sections 256 and 257 of the Constitution, KRS 118.415, and Sections 4 and 5 19 
of this Act. 20 
Section 4.   Notwithstanding any language in KRS 118.415 to the contrary, the 21 
Secretary of State shall cause the entirety of the question in Section 1 of this Act and the 22 
entirety of the proposed amendment to the Constitution of Kentucky contained in Section 23 
2 of this Act to be published at least one time in a newspaper of general circulation 24 
published in this state, and shall also cause to be published at the same time and in the 25 
same manner the fact that the amendment will be submitted to the voters for their 26 
acceptance or rejection at the next regular election at which members of the General 27  UNOFFICIAL COPY  	23 RS BR 486 
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Assembly are to be voted for. The publication required by this section and KRS 118.415 1 
shall be made no later than the first Tuesday in August preceding the election at which 2 
the amendment is to be voted on. 3 
Section 5.   Notwithstanding any language in KRS 118.415 to the contrary, the 4 
Secretary of State, not later than the second Monday after the second Tuesday in August 5 
preceding the next regular election at which members of the General Assembly are to be 6 
chosen in a year in which there is not an election for President and Vice President of the 7 
United States, or not later than the Thursday after the first Tuesday in September 8 
preceding a regular election in a year in which there is an election for President and Vice 9 
President of the United States, shall certify the entirety of the question in Section 1 of this 10 
Act and the entirety of the proposed amendment to the Constitution of Kentucky 11 
contained in Section 2 of this Act to the county clerk of each county, and the county clerk 12 
shall have the entirety of the question and the amendment, as so certified, indicated on 13 
the ballots provided to the voters in paper or electronic form as applicable to the voting 14 
machines in use in each county or precinct. 15