ASSEMBLY CONCURRENT RESOLUTION No. 26
STATE OF NEW JERSEY
Introduced Pending Technical Review by Legislative Counsel
PRE-FILED FOR INTRODUCTION IN THE 1996 SESSION
By Assemblyman ROONEY
A Concurrent Resolution proposing to amend Article 1 of the Constitution of the State of New Jersey.
Be It Resolved in the General Assembly of the State of New Jersey (the Senate concurring):
1. The following amendment to the Constitution of the State of New Jersey:
PROPOSED AMENDMENT
Amend Article I by the addition of a new paragraph 22 to read as follows:
All persons have a natural and unalienable right to a clean and healthy environment necessary for the enjoyment of life and the pursuit of happiness, free from pollutants or contaminants in amounts capable of causing harm to human, animal, or plant life, or the biosphere. This right includes the right to air, water, and land free of pollutants or contaminants; the right to a reasonable amount of reasonably accessible undeveloped land sufficient for recreational and aesthetic needs; and the right to an education containing environmental courses in grades one through twelve.
2. When this proposed amendment to the Constitution is finally agreed to pursuant to Article IX, paragraph 1 of the Constitution, it shall be submitted to the people at the next general election occurring more than three months after the final agreement and shall be published at least once in at least one newspaper of each county designated by the President of the Senate, the Speaker of the General Assembly and the Secretary of State, not less than three months prior to the general election.
3. This proposed amendment to the Constitution shall be submitted to the people at that election in the following manner and form:
There shall be printed on each official ballot to be used at the general election, the following:
a. In every municipality in which voting machines are not used, a legend which shall immediately precede the question, as follows:
If you favor the proposition printed below make a cross (X), plus (+) or check () in the square opposite the word "Yes." If you are opposed thereto make a cross (X), plus (+) or check () in the square opposite the word "No."
b. In every municipality the following question:
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ESTABLISHES ENVIRONMENTAL RIGHTS |
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YES |
Shall an amendment to Article I of the Constitution providing that all persons have a right to an environment free from contaminants and pollutants including a right to clean air, water, and land, a right to a certain amount of undeveloped land, and a right to an environmental education, be approved? |
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INTERPRETIVE STATEMENT |
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NO |
This constitutional amendment provides that all persons have a constitutional right to have an environment, including air, water, and land resources, that are free of contaminants or pollutants in amounts capable of causing harm to humans, animals, plants, or to the biosphere. The constitutional right includes the right to have a reasonable amount of reasonably accessible undeveloped land for recreational or aesthetic needs and to have an environmental education in grades one through twelve. |
STATEMENT
This proposed Constitutional amendment would establish as unalienable rights:
(1) a right to "air, water, and land free of pollutants or contaminants;"
(2) a right to a reasonable amount of reasonably accessible undeveloped land for recreational use and aesthetic enjoyment;
(3) a right to environmental courses in the educational curriculum of primary and secondary schools.
The resolution also contains a ballot question on the proposed constitutional amendment to be submitted to the State electorate at the next general election if the proposed constitutional amendment is approved by at least three-fifths of all of the members of both houses of the Legislature within a prescribed period of time.
Amends State Constitution to provide for environmental rights.