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House
Joint
Resolution
2007
-
Introduced
HOUSE
JOINT
RESOLUTION
2007
BY
LEVIN
,
SCHOLTEN
,
MADISON
,
BAGNIEWSKI
,
and
KURTH
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
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2007
Section
1.
SHORT
TITLE.
This
proposed
amendment
to
the
1
Constitution
of
the
State
of
Iowa
shall
be
known
as
the
“Aldo
2
Leopold
Amendment”.
3
Sec.
2.
The
following
amendment
to
the
Constitution
of
the
4
State
of
Iowa
is
proposed:
5
Article
1
of
the
Constitution
of
the
State
of
Iowa
is
amended
6
by
adding
the
following
new
section:
7
Sec.
1B.
Right
to
clean
environment.
Every
person
has
a
8
fundamental
right
to
access
clean
water
and
clean
air,
and
the
9
enjoyment
of
the
same,
free
from
harms
caused
by
contaminants
10
and
pollutants,
including
disease,
injury,
and
other
hazards.
11
The
state
shall
not
infringe
upon
this
right.
As
a
trustee
12
of
public
natural
resources,
the
state
shall
conserve
and
13
restore
all
public
waters,
including
aquifers
and
groundwater,
14
and
the
air
for
the
health
and
benefit,
under
this
right,
15
of
this
generation
and
all
future
generations.
This
section
16
and
the
right
stated
herein
are
self-executing.
Any
and
all
17
infringements
upon
this
right
shall
be
subject
to
strict
18
scrutiny.
19
Sec.
3.
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
explanation’s
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
fundamental
right
to
a
clean
and
healthy
environment,
31
including
access
to
and
enjoyment
of
air
and
water
free
from
32
hazards
to
human
health
including
harmful
contaminants
and
33
pollutants.
The
state
shall
not
infringe
upon
these
rights.
34
The
proposed
amendment
declares
that
the
state,
as
trustee
of
35
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H.J.R.
2007
its
public
natural
resources,
shall
conserve
and
restore
all
1
public
water
and
air
for
the
benefit
of
both
this
and
future
2
generations
of
people.
The
proposed
amendment
and
the
right
3
stated
therein
are
self-executing,
and
are
therefore
effective
4
upon
ratification.
The
proposed
amendment
states
that
any
and
5
all
infringements
upon
these
rights
shall
be
subject
to
strict
6
scrutiny,
the
highest
level
of
judicial
review.
7
The
proposed
amendment
shall
be
known
as
the
“Aldo
Leopold
8
Amendment”.
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
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