Initiatives and Referendums
Title |
Summary |
|---|---|
| MN - Initiatives - Amendment 2 (right to hunt) | This ballot measure asked whether the Minnesota Constitution should be amended to affirm that hunting and fishing and the taking of game and fish are a valued part of our heritage that shall be forever preserved for the people and shall be managed by law and regulation for the public good. The measure was passed in 1998 by 77.2% of voters. |
| MO - Breeding - Proposition B |
The official ballot title asks voters if Missouri law be amended to (1) require large-scale dog breeding operations to provide each dog under their care with sufficient food, clean water, housing and space; necessary veterinary care; regular exercise and adequate rest between breeding cycles; (2) prohibit any breeder from having more than 50 breeding dogs for the purpose of selling their puppies as pets; and (3) create a misdemeanor crime of “puppy mill cruelty” for any violations. |
| MO - Initiatives - Proposition A (felony animal fighting) |
This 1998 ballot proposal asked, "[s]hall a statute be enacted making it a class D felony to bait or fight animals; permit such activities on premises you control; or promote, conduct, stage, advertise or collect fees for such activities; and making it a class A misdemeanor to knowingly attend baiting or fighting of animals; knowingly sell, offer for sale, or transport animals for such purposes; own, possess, manufacture or deal in cockfighting implements; bear wrestle; permit bear wrestling on premises you control; promote, conduct, stage, advertise, or collect fees for bear wrestling; or market, possess, train, or surgically alter a bear for bear wrestling?" It was passed in 1998 by 62.6% of voters. |
| MO - Initiatives - Proposition B (dog breeders) |
This 2010 ballot measure asked whether Missouri law shall be amended to: require large-scale dog breeding operations to provide each dog under their care with sufficient food, clean water, housing and space; necessary veterinary care; regular exercise and adequate rest between breeding cycles; prohibit any breeder from having more than 50 breeding dogs for the purpose of selling their puppies as pets; and create a misdemeanor crime of puppy mill cruelty” for any violations. It was passed in 2010 by 51.6% of voters. |
| MS - Initiatives - HCR 30, Establish the Right to Hunt, Fish and Harvest Wildlife as a Constitutional Right | This 2014 proposed legislative referendum would establish the right to hunt and fish in the state. "Section 12A. The people have the right to hunt, fish and harvest wildlife, including by the use of traditional methods, subject only to laws and regulations that promote wildlife conservation and management and that preserve the future of hunting and fishing, as the Legislature may prescribe by general law. Public hunting and fishing shall be a preferred means of managing and controlling wildlife. This section may not be construed to modify any provision of law relating to trespass, property rights, the regulation of commercial activities or the maintenance of levees pursuant to Article 11." |
| MT - Initiative - I-177, Initiative to Prohibit Trapping and Snaring of Animals (2016) | |
| MT - Initiatives - Constitutional Amendment 41 | This 2004 ballot measure was an amendment to the constitution proposed by the legislature. The 2003 Legislature submitted this proposal for a vote. It would amend the Montana Constitution by adding a provision specifically to recognize and preserve the opportunity of Montana citizens to harvest wild fish and wild game animals. The amendment specifies that this new provision does not create a right to trespass on private property or diminish any other private rights. This amendment is effective upon approval by the electorate. It was passed in 2004 by 80.6% of voters. |
| MT - Initiatives - I-143 (game farm reform) | This initiative would amend state law to prohibit all new alternative livestock ranches, also known as game farms. Existing game farms would be allowed to continue operating, but would be prohibited from transferring their license to any other party. They would also be prohibited from allowing shooting of game farm animals for any type of fee. The proposal also repeals provisions of the law concerning applications for expansion of game farms. If approved by voters, the measure would take effect immediately. It was passed in 2000 by 51.4% of voters. |
| Nat'l Pork Producers Council v. Ross | This case concerns a challenge to Proposition 12, a measure passed by California voters in 2018 that bans the sale of whole pork meat (no matter where produced) from animals confined in a manner inconsistent with California standards. Proposition 12 amended sections 25990–25993 of the California Health and Safety Code to “prevent animal cruelty by phasing out extreme methods of farm animal confinement." The National Pork Producers Council and the American Farm Bureau Federation (collectively referred to as “the Council”) filed an action for declaratory and injunctive relief on the ground that Proposition 12 violates the dormant Commerce Clause. The court noted that under its precedent, a state law violates the dormant Commerce Clause only in narrow circumstances. Here, the Council argues that Proposition 12 places an undue burden on interstate commerce and that Proposition 12 has an impermissible extraterritorial effect. The court disagreed, finding that Proposition 12 does not function as a price-control nor price-affirmation statute, as it neither dictates the price of for pork products nor does it tie the price of pork products sold in California to out-of-state prices. The Council also suggests that the law effectively violates the dormant Commerce Clause because of the interconnected nature of the pork industry. Pork producers would either have to produce all pork according to California standards or segregate California pork production to comply with the enhanced welfare standards. Again, the court found the argument unpersuasive based on precedent because a a state law is not impermissibly extraterritorial unless it directly regulates conduct that is wholly out of state. The "upstream" effects of Proposition 12 apply to both California and out-of-state entities equally, and a state is entitled to regulate commerce within its state. Finally, the court dismissed the argument that the dormant commerce clause is violated because it create inconsistent regulations where there is a need for "national uniformity in regulation." The court was unpersuaded that pork production rises to the level of need like taxation or interstate travel. The court held that the complaint here does not plausibly allege that such narrow circumstances apply to Proposition 12; thus, the court ruled that the district court did not err in dismissing the Council's complaint for failure to state a claim. |
| National Audubon Society, Inc. v. Davis |
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