An act proposing to create a new section of the Kentucky Constitution relating to a statewide referendum on container deposit




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UNOFFICIAL COPY AS OF 04/20/16 00 REG. SESS. 00 RS HB 745/GA

AN ACT proposing to create a new section of the Kentucky Constitution relating to a statewide referendum on container deposit.

Be it enacted by the General Assembly of the Commonwealth of Kentucky:

SECTION 1. IT IS PROPOSED THAT A NEW SECTION BE ADDED TO THE CONSTITUTION OF KENTUCKY TO READ AND BE NUMBERED SECTION 60A AS FOLLOWS:

Notwithstanding any other provision of the Constitution to the contrary, the General Assembly shall, by general law, provide a means whereby the sense of the people of the Commonwealth may be taken as to whether or not to require a statewide program of deposit for the purchase of beverage containers to be redeemed for reimbursement, and the referendum power of the people is hereby declared to exist to apply only to this section or amended section. A referendum on this question shall be placed before the people of this Commonwealth at a regular election upon a petition signed by a number of registered voters equal to five percent of the votes cast in the Commonwealth for slates of candidates for Governor and Lieutenant Governor at the last preceding regular election, and filed with the Secretary of State. The petition shall set forth a title describing the measure, an accurate and concise summary of the measure, and the text of the proposed statute for inclusion on the ballot, which shall appear on each petition submitted for signatures as shall be prescribed by law. The General Assembly shall provide a way by which the petitions shall be circulated, presented, qualified, and published, and the manner in which the referendum shall be submitted to the people, but the referendum shall only be submitted to the voters if it has been certified by the Secretary of State as being regular on its face and any procedures prescribed by the General Assembly at least one hundred twenty days prior to the regular election. Any referendum submitted to the people shall take effect and become a law when approved by the majority of the votes cast thereon, and not otherwise. The veto power of the Governor shall not extend to measures referred to the people under this section. Any measure approved by the voters shall be codified in the same manner as bills enacted by the General Assembly. Any referendum so proposed and defeated by the people shall not be eligible to appear again on the ballot at a regular election until the expiration of two years from the regular election at which the referendum was defeated.

Section 2. This amendment shall be submitted to the voters of the Commonwealth for their ratification or rejection at the time and in the manner provided for under Sections 256 and 257 of the Constitution and under KRS 118.415.


Page of

HB074510.100-1583 GA




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