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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
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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
state’s
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
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
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
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H.J.R.
3
state’s
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.
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