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THE ENVIRONMENT, CITIZENS, AND THE STATE

2003 BALLOT MEASURES FINAL REPORT

This fall, citizens in eleven states voted on ballot measures, some of which will impact our water, air, wildlife, and the habitat upon which they depend. While the number of both legislative and citizen-based initiatives has significantly decreased in recent years, ballot measures remain an important tool for our democratic system of government.

Presented in this report is a summary of the 2003 environmental ballot measures, including those voted on in both October and November. This year’s ballots largely dealt with funding for projects and activities that impact the environment, such as open space preservation, wastewater treatment, coastal restoration, and others. In total, six of the seven ballot initiatives reported here were passed by the voters.

This report also includes updates on past environmental ballot measures, as well as a summary of measures being considered for 2004.

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October 2003 Measures

Louisiana Constitutional Amendment 1
(Passed by 67% to 33%)

This amendment establishes and maintains the Wetlands Conservation and Restoration Fund with $35 million annually from the Mineral Revenue Audit and Restoration Fund.

Louisiana Constitutional Amendment 2
(Passed by 67% to 33%)

This amendment creates the Louisiana Coastal Restoration Fund from monies left after tobacco litigation.

Louisiana Constitutional Amendment 3
(Passed by 61% to 39%)

This amendment authorizes the legislature to limit the payout given to compensate landowners for property, if the property is damaged as a result of the protection or restoration of wetlands.

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Measures Certified for the November 2003 Ballot

Colorado Referendum A
(Failed by 65% to 35%)

Governor Bill Owens’ Referendum A allows towns, water authorities, and other agencies to issue up to $2 billion in bonds to upgrade older water storage facilities and build new storage facilities.

New Jersey Public Question 1
(Passed by 65% to 35%)

This measure amends the constitution to allocate increased funds for open space, by increasing the bonding authority of the Garden State Preservation Trust by $150 million.

New Jersey Public Question 2
(Passed by 61% to 39%)

This constitutional amendment allows portions of the Corporation Business Tax revenues to be allocated for the costs of remediating hazardous substances discharges.

New Jersey Public Question 3
(Passed by 59% to 41%)

The “Dam, Lake, Stream, Flood Control, Water Resources, and Wastewater Treatment Project Bond Act of 2003” authorizes the sale of $200 million in state general obligation bonds to finance flood control projects, water resources projects, and wastewater treatment system projects; to repair dams; and, to restore lakes and streams.

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Updates on Past Ballot Measures

California Proposition 4 (1998)

In 1998, voters passed Proposition 4, which banned the use of body-gripping traps to kill wildlife. The legality of the Proposition was challenged in federal court and, in December 2002, the Ninth Circuit U.S. Court of Appeals held that the Proposition is preempted by the federal Endangered Species Act. National Audubon Soc’y, Inc. v. California, 307 F.3d 835 (9th Cir. 2002). The Court ruled that the state law cannot conserve predators at the expense of endangered species. Therefore, the Fish and Wildlife Service can use body-gripping traps to capture animals that are preying on endangered species in national wildlife refuges in California.

Montana Initiative 137 (1998)

I-137, which was passed by voters in 1998, implemented a ban on cyanide heap and vat leach mine operations. In the 2003 session, legislators introduced SB 436, which would have asked voters to again allow these operations with new environmental limitations. In February, the bill was indefinitely postponed by the Senate Committee on Finance.

The cyanide mining ban initiative has been challenged in the Montana court system as well as in the legislature. In December 2002, a state district judge ruled that I-137 did not violate any constitutional rights of Canyon Resources, a mining company seeking to use cyanide in its gold mines. The district judge also ruled that the company should not be compensated for the loss of its project. Canyon Resources has appealed the decision to the Montana Supreme Court.

Montana Initiative 143 (2000)

In 2000, Montana voters passed I-143, which severely restricted the operation of game farms, or “alternative livestock” operations. During the 2003 session, HB 379 was introduced, which would have effectively repealed I-143. The bill was tabled in March, however, in the House Committee on Appropriations.

I-143 was also challenged in federal court, when game farmers brought suit alleging that they had been stripped of their livelihood and constitutional rights. However, in September, a federal district court judge dismissed the suit, holding that the farmers have no “absolute or unfettered right to operate an alternative livestock ranch as they see fit,” and that I-143 “advances legitimate non-illusory state interests in protecting Montana wildlife.” Sherry Devlin, “Game Farm Ruling Favors I-143,” The Missoulian, 17 September 2003.

South Dakota Constitutional Amendment E (1998)

South Dakota voters approved Constitutional Amendment E in 1998, which prohibited large corporations from farming new land or buying, leasing, or contracting for any new interest in farm lands, farming, or livestock production. The goal of the amendment was to protect local family agriculture in the state. However, in August 2003, the U.S. Eighth Circuit Court of Appeals ruled the amendment unconstitutional. South Dakota Farm Bureau, Inc. v. Hazeldine, 2003 WL 21961138 (8th Cir. 2003). The Court held that the amendment was motivated by a discriminatory purpose; and, since South Dakota could not show that it had no other method by which to advance its local interests, the amendment was unconstitutional under the dormant commerce clause.

Washington Initiative 713 (2000)

In 2000, voters passed I-713, which banned the use of body-gripping traps and certain poisons to kill wildlife. During the 2003 session, the state legislature passed SB 5179, which would have repealed I-713. However, in May of this year, Governor Gary Locke vetoed the bill and upheld the voters’ will.

I-713 survived an attack in the courtroom as well as in the legislature. In June, the Washington Supreme Court ruled that I-713 is not unconstitutionally ambiguous in rendering existing citizens’ rights erroneous. Rather, it merely restricts the methods allowed for exercising existing rights to control wildlife. Citizens for Responsible Wildlife Management v. State of Washington, 149 Wash.2d 622, 71 P.3d 644 (Wash. 2003). Further, the Initiative is not unconstitutionally titled, as the bill’s title encompasses only one subject, as required under the State Constitution.

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Measures Being Considered for 2004

Alaska

  • The Alaska Wildlife Alliance is gathering signatures for an initiative that would ban bear baiting.
  • The Alaska Cruise Ship Initiative would, among other things, require cruise ships to get wastewater discharge permits. Several environmental organizations are sponsoring the measure, which is awaiting certification.

Arizona

  • The Arizona legislature passed SCR 1012, referring a measure to the ballot that would amend the constitution and would permit the state to trade state-owned land for public property.

California

  • The “Safe, Reliable High-Speed Passenger Train Bond Act of the 21st Century,” Initiative SB 5186, has been placed on the ballot by the state legislature. The measure would provide funding for a $10 billion high-speed rail line to be built between Los Angeles and San Francisco.
  • Also in California, two takings initiatives have been filed that would require governments to compensate landowners for action taken that devalues the cost of a property, including regulations.

Colorado

  • The group, Environment Colorado, is sponsoring an initiative requiring public utilities to derive a portion of their energy market from alternative energies, such as wind power, solar power, and biomass. The measure is being considered but has not yet been filed.
  • Also in Colorado, the Trust for Public Lands is sponsoring an initiative to preserve open space by increasing sales tax or the real estate transfer tax. The measure has not yet been filed.
  • A possible statewide measure sponsored by Transit Alliance would impose a sales tax to expand light rail from Denver to other Colorado cities. The measure has not yet been filed.

Idaho

  • A proposed initiative would create an advisory council to the Fish and Game Commission and would realign regions. The initiative has been approved for circulation.

Maine

  • Several organizations are gathering signatures for an initiative that would ban bear baiting, hound hunting, and spring hunts. The initiative would also prohibit the import of animals into the state for use in commercial large game shooting areas.

Michigan

  • The Nature Conservancy may sponsor a measure that would generate $300 million to $1 billion for smart growth, open space preservation, urban revitalization, head waters protection, and habitat protection in outer suburban areas. The measure has not yet been filed.

Missouri

  • A proposed initiative would enable customers generating alternative electricity from alternative sources, such as solar, to sell excess power back to the public utility.

Montana

  • A mining company is sponsoring a campaign for a filed initiative that would repeal the 1998 ballot measure prohibiting the use of cyanide in open-pit mining.

Oregon

  • The Tillamook Rainforest Coalition is leading the campaign for an initiative that would protect half of the Tillamook and Clatsop state forests from extensive commercial logging. The measure has not yet been filed.
  • A proposed initiative, sponsored by the anti-tax group, Oregonians in Action, would require governments to compensate land owners for takings, such as the implementation of land use and other regulations.
  • An already-filed Oregon initiative would require using sustainable forest practices and would prohibit the use of non-organic herbicides and pesticides in state and private forests.
  • Another filed initiative would require landowner approval of regulations that reduce the value of property by more than 10%.
  • Measure 41, the “Private Property Protection Act,” would ban ballot measures that limit citizen participation in land use rule-making processes to those who own property. The measure has been approved for circulation.
  • Measure 42, the “Landed Aristocracy Act,” would require private property owners to compensate nearby property owners for any development or land use that impacts the value of the neighbor’s property. The measure has been approved for circulation.

Utah

  • The Open Lands Act, which has been approved for circulation, would set up a fund for establishing school trust land for conservation purposes.

Washington

  • Initiative 297 would ban the dumping of nuclear waste in the state. The initiative has been approved for circulation.
  • Another initiative would help farmers reduce their use of pesticides and fertilizers. The measure is under consideration but has not yet been filed.

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This report was last updated Novermber 5, 2003.
The SERC project has been discontinued due to lack of funding. We apologize, but it’s unlikely that we’ll be able to respond to requests for information about the material posted on this site.
State Environmental Resource Center
Madison, Wisconsin