Initiatives and Referendums

CA - Initiatives - Proposition 2 (farm cruelty)

Summary: This 2008 California initiative measure would add to the Health & Safety Code with a law entitled, "The Prevention of Farm Animal Cruelty Act." Specifically, the proposed law requires that calves raised for veal, egg-laying hens and pregnant pigs be confined only in ways that allow these animals to lie down, stand up, fully extend their limbs and turn around freely. Exceptions are made for transportation, rodeos, fairs, 4-H programs, lawful slaughter, research and veterinary purposes. The law provides misdemeanor penalties, including a fine not to exceed $1,000 and/or imprisonment in jail for up to 180 days and would go into effect on January 1, 2015. It was approved in November 2008 by a margin of 63% to 37%.

This 2008 California initiative measure would add to the Health & Safety Code with a law entitled, "The Prevention of Farm Animal Cruelty Act." Specifically, the proposed law requires that calves raised for veal, egg-laying hens and pregnant pigs be confined only in ways that allow these animals to lie down, stand up, fully extend their limbs and turn around freely. Exceptions are made for transportation, rodeos, fairs, 4-H programs, lawful slaughter, research and veterinary purposes. The law provides misdemeanor penalties, including a fine not to exceed $1,000 and/or imprisonment in jail for up to 180 days and would go into effect on January 1, 2015. It was approved in November 2008 by a margin of 63% to 37%.

AR - Initiatives - Proposed Initiated Act 1 (cruelty)

Summary: This ballot proposal sought to amend Arkansas' Animal Cruelty Act by making the knowing torture, mutilation, maiming, burning, poisoning, malicious killing, starving, or disfiguring of a non-exempted animal a crime known as "Aggravated Animal Cruelty." This offense would then become a Class D felony subject to enumerated penalties, including psychological counseling and forfeiture of the animal in question. This measure failed at the polls with 38% voting Yes and 62% voting No.

This ballot proposal sought to amend Arkansas' Animal Cruelty Act by making the knowing torture, mutilation, maiming, burning, poisoning, malicious killing, starving, or disfiguring of a non-exempted animal a crime known as "Aggravated Animal Cruelty." This offense would then become a Class D felony subject to enumerated penalties, including psychological counseling and forfeiture of the animal in question. This measure failed at the polls with 38% voting Yes and 62% voting No.

AR - Initiatives - Constitutional Amendment 1 (right to hunt)

Summary: This resolution proposes to amend the Arkansas Constitution to provide for a constitutional right for citizens of the state of Arkansas to hunt, fish, trap, and harvest wildlife. The resolution states that the right would be limited only by the regulations consistent with Amendment 35 of the Arkansas Constitution. It was passed in 2010 by 82.8% of voters.

This resolution proposes to amend the Arkansas Constitution to provide for a constitutional right for citizens of the state of Arkansas to hunt, fish, trap, and harvest wildlife. The resolution states that the right would be limited only by the regulations consistent with Amendment 35 of the Arkansas Constitution. It was passed in 2010 by 82.8% of voters.

AZ - Initiatives - Proposition 201 (trapping and taking)

Summary: Proposition 201 would make it illegal to use certain methods of taking "wildlife" on public land, including federal, state, county and municipal land. The listed devices that would be prohibited are "any leghold trap, any instant kill body gripping design trap, or by a poison or a snare." The measure passed with 58.5% of the vote.

Proposition 201 would make it illegal to use certain methods of taking "wildlife" on public land, including federal, state, county and municipal land. The listed devices that would be prohibited are "any leghold trap, any instant kill body gripping design trap, or by a poison or a snare." The measure passed with 58.5% of the vote.

AZ - Initiatives - Proposition 201 (cockfighting)

Summary: Proposition 201 would amend state law to create the crime of cockfighting. Cockfighting would be classified as a class 5 felony, generally punishable by a possible fine of up to $150,000 and a possible prison term ranging from nine months to two years. Presence at a cockfight would be classified as a class 1 misdemeanor, generally punishable by a possible fine of up to $2,500 and a possible jail term of up to six months. This proposition would extend existing state law animal cruelty exemptions and defenses that apply to lawful hunting, ranching, farming, rodeos and related activities to also apply to cockfighting. The measure passed in 1998 with 68.1% of the vote.

Proposition 201 would amend state law to create the crime of cockfighting. Cockfighting would be classified as a class 5 felony, generally punishable by a possible fine of up to $150,000 and a possible prison term ranging from nine months to two years. Presence at a cockfight would be classified as a class 1 misdemeanor, generally punishable by a possible fine of up to $2,500 and a possible jail term of up to six months. This proposition would extend existing state law animal cruelty exemptions and defenses that apply to lawful hunting, ranching, farming, rodeos and related activities to also apply to cockfighting. The measure passed in 1998 with 68.1% of the vote.

AZ - Initiatives - Proposition 204 (inhumane confinement)

Summary: This comprises Proposition 204 also known as the Humane Treatment of Farm Animals Act. A "yes" vote shall have the effect of establishing misdemeanor fines and penalties for tethering or confining a pregnant pig or a calf raised for veal for all or a majority of the day in a manner that prevents the animal from lying down and fully extending its limbs or turning around freely but excepts transportation of the animal, rodeo and fair exhibitions, lawful slaughters, research, veterinary purposes and the seven day period before a pig's expected date of giving birth. The measure passed with 62% voting "yes."

This comprises Proposition 204 also known as the Humane Treatment of Farm Animals Act. A "yes" vote shall have the effect of establishing misdemeanor fines and penalties for tethering or confining a pregnant pig or a calf raised for veal for all or a majority of the day in a manner that prevents the animal from lying down and fully extending its limbs or turning around freely but excepts transportation of the animal, rodeo and fair exhibitions, lawful slaughters, research, veterinary purposes and the seven day period before a pig's expected date of giving birth. The measure passed with 62% voting "yes."

AZ - Initiatives - Proposition 109 (right to hunt and fish)

Summary: Proposition 109 would have amended the Arizona Constitution. It failed with only 43.5% voting "yes" for the measure. The proposition stated that: 1. Wildlife is held in trust for the citizens of this state, whom have a right to lawfully hunt, fish and harvest the wildlife. 2. The legislature has the exclusive authority to enact laws to regulate hunting, fishing and harvesting of wildlife. The legislature may grant rule making authority to a game and fish commission. No law or rule shall unreasonably restrict hunting, fishing or harvesting of wildlife or the use of traditional means and methods for those activities. Any law or rule shall have the purpose of wildlife conservation and management and preserving the future of hunting and fishing. 3. Lawful public hunting and fishing are the preferred means of managing and controlling wildlife. By its terms, nothing in Proposition 109 shall be construed to modify any law relating to trespass or property rights.

Proposition 109 would have amended the Arizona Constitution. It failed with only 43.5% voting "yes" for the measure. The proposition stated that: 1. Wildlife is held in trust for the citizens of this state, whom have a right to lawfully hunt, fish and harvest the wildlife. 2. The legislature has the exclusive authority to enact laws to regulate hunting, fishing and harvesting of wildlife. The legislature may grant rule making authority to a game and fish commission. No law or rule shall unreasonably restrict hunting, fishing or harvesting of wildlife or the use of traditional means and methods for those activities. Any law or rule shall have the purpose of wildlife conservation and management and preserving the future of hunting and fishing. 3. Lawful public hunting and fishing are the preferred means of managing and controlling wildlife. By its terms, nothing in Proposition 109 shall be construed to modify any law relating to trespass or property rights.

AZ - Initiatives - Proposition 102 (voter wildlife initatives)

Summary: This 2000 Arizona ballot proposition sought to restrict voter initiatives related to wildlife. It was defeated with only 37.5% voting for the measures. According to the summary by the Arizona Legislative Council, Proposition 102 directs the State to manage wildlife in the public trust to assure the continued existence of wildlife populations. Public trust is a legal concept relating to the ownership, protection and use of natural resources. Under the public trust, the State must manage wildlife for the public benefit, which includes both present and future generations. Proposition 102 would also amend the Arizona Constitution to require that any initiative measure relating to the taking of wildlife does not go into effect unless it is approved by at least two-thirds of the voters who vote on the measure. Currently, the Arizona Constitution requires a simple majority vote for initiative measures. The two-thirds requirement would also apply to measures authorizing or restricting (1) the methods of taking wildlife (2) the seasons when wildlife may be taken. The two-thirds requirement would not apply to legislative enactments or to measures that the Legislature refers to the voters.

This 2000 Arizona ballot proposition sought to restrict voter initiatives related to wildlife. It was defeated with only 37.5% voting for the measures. According to the summary by the Arizona Legislative Council, Proposition 102 directs the State to manage wildlife in the public trust to assure the continued existence of wildlife populations. Public trust is a legal concept relating to the ownership, protection and use of natural resources. Under the public trust, the State must manage wildlife for the public benefit, which includes both present and future generations. Proposition 102 would also amend the Arizona Constitution to require that any initiative measure relating to the taking of wildlife does not go into effect unless it is approved by at least two-thirds of the voters who vote on the measure. Currently, the Arizona Constitution requires a simple majority vote for initiative measures. The two-thirds requirement would also apply to measures authorizing or restricting (1) the methods of taking wildlife (2) the seasons when wildlife may be taken. The two-thirds requirement would not apply to legislative enactments or to measures that the Legislature refers to the voters.

AK - Initiatives - Ballot Measure 1 (voter wildlife initatives)

Summary: This Alaska ballot measure would change the Alaska Constitution so that voters could not use the initiative process to make laws that permit, regulate, or prohibit taking or transporting wildlife, or prescribe seasons or methods for taking wildlife. The measure failed with 36% of the vote.

This Alaska ballot measure would change the Alaska Constitution so that voters could not use the initiative process to make laws that permit, regulate, or prohibit taking or transporting wildlife, or prescribe seasons or methods for taking wildlife. The measure failed with 36% of the vote.

AK - Initiatives - Ballot Measure 6 (hunters using airplanes)

Summary: Voters are asked to either approve or reject a law allowing hunters to use airplanes to land and shoot wolves on the same day they fly. The law allows any person with a hunting or trapping license to land and shoot in areas established by the Board of Game. No additional permit may be required. The law also allows the Alaska Department of Fish and Game to use agents, as well as employees, to engage in same day airborne shooting of wolves. The measure passed with 53% of the vote.

Voters are asked to either approve or reject a law allowing hunters to use airplanes to land and shoot wolves on the same day they fly. The law allows any person with a hunting or trapping license to land and shoot in areas established by the Board of Game. No additional permit may be required. The law also allows the Alaska Department of Fish and Game to use agents, as well as employees, to engage in same day airborne shooting of wolves. The measure passed with 53% of the vote.