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State Initiative Topic Chart

Rebecca F. Wisch


Animal Legal & Historical Center
Publish Date:
2007
Place of Publication: Michigan State University College of Law
Printable Version

State Initiative Topic Chart

Below is a table listing the most common topics for animal-based initiatives.  It should be interesting to note that bears encompass a topic of their own.  This stems from the large number of animal initiatives concerning bears and bear hunting.  In 2004, there were two states that had bear related initiatives on the ballot (Alaska and Maine).  Trapping is also a topic that seems to generate public concern.  Western states have followed suit to ban certain traps that are considered inherently cruel.  Recent ballot proposals have also proposed constitutional amendments to preserve the public’s right to hunt and fish.  Such proposals have typically passed with overwhelming support, despite critics’ arguments that such proposals are often solutions to non-existent problems. 

 

The chart is organized alphabetically by topics on the left of the chart.  The most recent (2004 and 2006) ballot proposals are listed first, followed alphabetically by state name.  There were only two states with 2006 ballot proposals:  Arizona and Michigan.  There were only four animal-related ballot proposals for the 2004 election year in Alaska, Louisiana, Maine, and Montana.  

 

[Return to Initiative Overview Page]

 

 

Topic

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Agricultural Measures

 

 2006 AZ -

Proposition 204  prevents the cruel confinement of pregnant pigs and veal calves - passed by a vote of 61 to 39%.

CO – 1998 – Amendment 14 – Regulation of Commercial Hog Facilities.  Would further regulate commercial hog facilities by requiring operators obtain permits for discharge of wastewater, among other things.  Allows local gov’ts to impose stricter regulations for hog farms than in proposal.  (Passed).

 

CO – 1998 – Amendment 13 – Uniform Regulation of Livestock Operations.  Measure would have established uniform livestock regulations based on the impact to the environment (concern was over concentrated feeding operations).  Creates definition of “livestock” as animals raised for profit.  (Failed).

 

 

 

 

 

 

 

 

 

 

 

 

Animal Cruelty

 

AR - Measure 2001-389 (Proposed Initiative Act 1) on ballot in Nov. 2002 would amend AR law concerning cruelty to animals to establish the offense "aggravated cruelty to animals."  This measure failed with 38% Yes and 62% No.  [link to Arkansas Animal Cruelty Act (Proposed Initiative Act 1)]

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Animal Fighting

 

AZ - Nov. 1998 law would ban cockfighting--passed 68% to 32% [link to cockfighting initiative].

MO - 1998 ballot measure ("A") would make it a felony to bait or fight animals--passed 63% to 37%.

 

OK - Nov. 2002 ballot initiative to ban cockfighting (OK was one of only 3 states that still legalized cockfighting). Provides a broad range of violations--all of which are felonies.  It would be illegal to hold or encourage a cockfight, be illegal to keep birds for fighting purposes, and be illegal to be a spectator in a cockfight

For the proposal – Yes – 565,967

Against the proposal – No – 441,220. [link to cockfighting initiative].

 

 

 

 

 

 

 

 

 

 

 

 

 

Animal Racing

 

MA - 2000 ballot measure ("Ques. 3") would prohibit dog racing in MA or racing meeting where any form of wagering or betting on the speed or ability of dogs occurs--YES vote would prohibit, NO vote would not make any changes to the current law--failed 49% to 51%.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Bears

 

AK – 2004 Ballot Measure 3 - This Alaska ballot measure was defeated in the November 2004 election by an 18% margin.  It would have made it illegal for a person to bait or intentionally feed a bear for purposes of hunting, viewing, or photographing the bear.  A person who violated this proposed law would have been guilty of a Class A misdemeanor, punishable by up to one-year imprisonment and a fine of up to $10,000.

 

ME –2004 Question 2  - This Maine citizen initiated was defeated in the November 2004 election.  The question posed to voters asked voters, "Do you want to make it a crime to hunt bears with bait, traps or dogs, except to protect property, public safety or for research?"  The initiated bill was to prohibit the use of bait to hunt or attract bear, the use of a dog to hunt or pursue bear and the use or setting of a trap to hunt or capture bear except under certain circumstances.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Canned Hunting

 

 

MT - Nov. 2000 initiative ("I-143") would prohibit all new alternative livestock ranches (i.e. game farms); existing farms could continue but licenses couldn't be transferred to anyone else--passed 52% to 48%.  (Now codified at Mont. Code Ann. § 87-4-407 (2000). The proponents argued that canned hunts and game ranches are unethical, that they promote disease transmission to native wildlife populations, and that they fracture wildlife habitat.  (Proponents - MADCOW (Montanans Against the Domestication and Commercialization of Wildlife)).

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Dog Licensing/Impound

 

OR - Nov. 2000 measure #35 would amend laws regulating licensing, control, impounding and killing of dogs--measure failed to qualify for ballot.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Horses & Burros

 

CA - 1998 ballot measure #6 would prohibit any person from transferring, receiving or holding any horse or pony or burro or mule with the intention of killing it or having it killed--passed 51% to 49%.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Hunting, Generally

 

MI - 2006 Proposal 3 to allow dove hunting - defeated by voters - 69 to 31%.

 

GA - 2006 Constitutional Amendment 2 - preserves the state's tradition of hunting and fishing for the public good.  Passed 81 - 19%.

LA – 2004 - Const. Amend. 1 - This ballot measure amended the state constitution after it was resoundingly approved in November of 2004 (by 81% of voters).  The measure was initiated by the state legislature in Senate Bill 2 and was sent to the electors of the state for a vote.  The measure on the official ballot stated that citizens were to vote FOR or AGAINST to amend the Constitution of Louisiana with the following proposition:  "To guarantee the right of every citizen to hunt, fish and trap, subject to regulation, restriction, or prohibition as provided by law. (Adds Article I, 14 Section 27)." 

MT - 2004 "C-41" - This Montana ballot proposal was overwhelming approved in the November 2004 election by 81% of voters.  It provides a constitutional amendment that recognizes and preserves the right of Montana's citizens to harvest wild fish and wild game animals, thereby preserving the heritage of Montana.

AZ - 2000 - Proposition 102 - Based on 1994 initiative, an attempt made to restrict voter initiatives with regard to wildlife.  It would have amended constitution to create "public trust" concept of wildlife management.  Initiatives that permit or limit taking of wildlife (including changes to seasons) shall not become law unless approved by 2/3 of votes cast on the proposition (defeated in 2000).

AK - 1998 ballot measure ("6") would allow hunters to fly into an area where the AK Game Board est. a wolf control program, and on the same day, land and shoot a wolf; would allow hunting and shooting of wolves w/ordinary hunting and trapping license & no special permit required--YES vote rejected law and NO vote approves the law--passed 53% to 47% [link to aerial wolf shooting ballot measure]

 

AK - Based on 1998 initiative, attempt made to put up constitutional restrictions to wildlife initiatives (defeated in 2000 by 65%) [link to wildlife initiative proposal].

ND - Constitutional amendment (No. 1) to guarantee the right to hunt and fish (passed by 77% in 2000); added new section to Article XI of the state constitution stating that hunting/fishing was valued part of heritage and for the "public good.”

OH - 1998 ballot measure ("Issue No. 1") would ban the hunting of mourning doves--failed 40% to 60%.

VA - Constitutional right (ballot measure #2) to hunt and fish passed by 59% in 2000.

 

 

 

 

 

 

 

Pigs & Hogs

 

2006 AZ -

Proposition 204  prevents the cruel confinement of pregnant pigs and veal calves - passed by a vote of 61 to 39%.

2002 FL - Proposed petition to FL constitution to prohibit gestation crates making it unlawful to tether or confine a sow to an enclosure during pregnancy in such a way that a sow could not turn around freely.  This measure appears to have passed in the November 2002 election.  [link to cruel confinement of pigs initiative].