2006 Election Coverage
Selected Ballot Initiatives and Referenda

05GAS2

Natural Gas Resources Tax and Production Credit

This initiative would levy a new state tax on certain oil and gas leases overlying large deposits of natural gas. The tax rate would be three cents a year per thousand cubic feet of taxable gas in the ground. Leaseholders who dispute the levy of the tax or the amount owed will have to deposit the disputed amount into an escrow account until the dispute is resolved. A leaseholder subject to the new tax could avoid paying the tax by giving up rights under oil and gas leases by December 31, 2006. When a major gas pipeline system is built and gas is transported, the resource tax will be repealed. After the repeal, the initiative provides for tax credits for some of these taxes previously paid, which could be used to reduce future production taxes owed by leaseholders on their gas.

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05LEGS

90-Day Session Limit for Legislature

This initiative would reduce the maximum length of a regular legislative session from 121 days to 90 days.

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Proposition 101

Local Property Tax Levies

Establishes the 2006 Taxpayer Protection Act by requiring a new base year for constitutional levy limits for municipalities, counties and community college districts.

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Proposition 105

State Trust Lands

Amends the Constitution of Arizona to allow urban state trust land to be conveyed to a county, city or town for permanent conservation, and up to 400,000 acres of rural state trust land to be conveyed for permanent conservation to the county in which the land is located.

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Proposition 106

Conserving Arizona's Future

Conserving Arizona's Future will conserve and protect approximately 690,000 acres of natural area in Arizona. State trust land will be permanently set aside for conservation purposes protecting more of Arizona's land and water for future generations. The initiative will also protect and guarantee an essential classroom funding stream through improved planning and management of state trust lands, require local communities to cooperate in the planning and development of trust lands, and provide local authorities the power to limit and control development.

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Proposition 201

Smoke-Free Arizona Act

The Smoke-Free Arizona Act prohibits smoking in enclosed public places and places of employment. Enforcement by the Arizona Department of Health Services will be paid for by a tax on cigarettes of one tenth of one cent per cigarette. Limited exceptions are provided such as private residences, retail tobacco stores, and outdoor patios. No smoking signs will be posted in all areas where smoking is prohibited.

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Proposition 202

Arizona Minimum Wage Coalition

The Raise the Minimum Wage for Working Arizonans Act increases the minimum wage to $6.75 an hour starting in 2007. The Arizona minimum wage will then be adjusted one time each year to keep pace with the cost-of-living.

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Proposition 203

First Things First for Arizona's Children

This initiative would increase funding for early childhood development and health programs. Local councils would distribute the majority of the funding, with oversight by a statewide board subject to audits and other accountability measures. Dedicated funding would come from an increase in the tax on tobacco products.

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Proposition 206

Arizona Non-Smoker Protection Act

The Arizona Non-Smoker Protection Act creates a statewide non-smoking law. The Act would prohibit smoking in enclosed public places and places of employment, except bars and tobacco shops. Minors are not permitted in any part of a bar or tobacco shop that permits smoking. Signs must notify patrons and employees where smoking is permitted. If part of a larger business, the bars and tobacco shops must be separated by floor to ceiling partitions and separate ventilation systems.

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Proposition 207

Private Property Rights Protection Act

This Act defines public use to mean only the public will own and use the land and declares that the public benefits of economic development, including increased tax revenues and employment, shall not constitute a public use. The Act ensures that Arizona citizens receive just compensation if they lose their property or lose the value of their property when government takes or enacts a law that diminishes the value of private property.

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Proposition 1B

Highway Safety, Traffic Reduction, Air Quality, and Port Security Bond Act of 2006

This bill would enact the Highway Safety, Traffic Reduction, Air Quality, and Port Security Bond Act of 2006 to authorize $19.925 billion of state general obligation bonds for specified purposes, including high-priority transportation corridor improvements, State Route 99 corridor enhancements, trade infrastructure and port security projects, school bus retrofit and replacement purposes, state transportation improvement program augmentation, transit and passenger rail improvements, state-local partnership transportation projects, transit security projects, local bridge seismic retrofit projects, highway-railroad grade separation and crossing improvement projects, state highway safety and rehabilitation projects, and local street and road improvement, congestion relief, and traffic safety.

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Proposition 1C

Housing and Emergency Shelter Trust Fund Act of 2006

This bill would enact the Housing and Emergency Shelter Trust Fund Act of 2006, which, if adopted, would authorize the issuance of bonds in the amount of $2,850,000,000 pursuant to the State General Obligation Bond Law. Proceeds from the sale of these bonds would be used to finance various existing housing programs, capital outlay related to infill development, brownfield cleanup that promotes infill development, and housing-related parks. The bill would also establish the Transit-Oriented Development Implementation Program, to be administered by the Department of Community Housing and Development. The program would receive funding from the proceeds of the bond act enacted by this bill.

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Proposition 1E

Disaster Preparedness and Flood Prevention Bond Act of 2006

This bill would enact the Disaster Preparedness and Flood Prevention Bond Act of 2006, which would, if approved by the voters, authorize the issuance and sale of bonds in the amount of $4,090,000,000 for the purposes of financing disaster preparedness and flood prevention projects.

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Proposition 84

Water Quality, Safety and Supply. Flood Control. Natural Resource Protection. Park Improvements. Bonds.

Authorizes $5,388,000,000 in general obligation bonds, payable from the state’s General Fund, to fund projects relating to safe drinking water, water quality and supply, flood control, waterway and natural resource protection, water pollution and contamination control, state and local park improvements, public access to natural resources, and conservation efforts. Provides funding for emergency drinking water, and exempts such expenditures from public contract and procurement requirements to ensure immediate action for public safety.

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Proposition 86

Tax on Cigarettes

Imposes an additional 13 cent tax on each cigarette distributed, and indirectly increases tax on other tobacco products, to provide funding for hospitals for emergency services as well as programs to increase access to health insurance for children, expand nursing education, support various new and existing health and education activities, curb tobacco use and regulate tobacco sales.

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Proposition 87

Alternative Energy. Research, Production, Incentives. Tax on California Oil Producers.

Establishes $4 billion program to reduce oil and gasoline usage by 25%, with research and production incentives for alternative energy, alternative energy vehicles, energy efficient technologies, and for education and training. Funded by tax of 1.5% to 6%, depending on oil price per barrel, on producers of oil extracted in California. Prohibits producers from passing tax on to consumers. Program administered by California Energy Alternatives Program Authority. Prohibits changing tax while indebtedness remains.

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Proposition 88

Education Funding. Real Property Parcel Tax.

Imposes a statewide $50 tax on each real property parcel and uses the resulting revenue to fund specific K–12 education programs.

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Proposition 89

Political Campaigns. Public Financing. Corporate Tax Increase. Campaign Contribution and Expenditure Limits.

Provides that candidates for state elective office meeting certain eligibility requirements, including collection of a specified number of $5.00 contributions from voters, may voluntarily receive public campaign funding from the Fair Political Practices Commission, in amounts varying by elective office and type of election. Increases income tax rate on corporations and financial institutions by 0.2 percent to fund program. Imposes new limits on campaign contributions to state-office candidates and campaign committees, and new restrictions on contributions and expenditures by lobbyists and corporations.

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Proposition 90

Government Acquisition, Regulation of Private Property.

Bars state and local governments from condemning or damaging private property to promote other private projects or uses. Limits government’s authority to adopt certain land use, housing, consumer, environmental and workplace laws and regulations, except when necessary to preserve public health or safety. Voids unpublished eminent domain court decisions. Condemned private property must be offered for resale to prior owner or owner’s heir at current fair market value if government abandons condemnation’s objective.

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Amendment 41

Ethics in Government

An amendment to the Colorado constitution concerning standards of conduct by persons who are professionally involved with governmental activities, and, in connection therewith, prohibiting a public officer, member of the general assembly, local government official, or government employee from soliciting or accepting certain monetary or in-kind gifts; prohibiting a professional lobbyist from giving anything of value to a public officer, member of the general assembly, local government official, government employee, or such person's immediate family member; prohibiting a statewide elected officeholder or member of the general assembly from personally representing another person or entity for compensation before any other such officeholder or member for a period of two years following departure from office; establishing penalties for a breach of public trust or inducement of such a breach; creating a five-member independent ethics commission to hear ethics complaints, to assess penalties, and to issue advisory opinions on ethics issues; and specifying that the measure shall not apply to home rule jurisdictions that have adopted laws concerning matters covered by the measure.

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Amendment 42

Colorado Minimum Wage

An amendment to the Colorado constitution concerning the state minimum wage, and, in connection therewith, increasing Colorado's minimum wage to $6.85 per hour, adjusted annually for inflation, and providing that no more than $3.02 per hour in tip income may be used to offset the minimum wage of employees who regularly receive tips.

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Referendum E

Extension of Property Tax Exemption of Disabled Veterans

An amendment to the Colorado constitution concerning the extension of the existing property tax exemption for qualifying seniors to any United States military veteran who is one hundred percent permanently disabled due to a service-connected disability.

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Referendum H

Unauthorized Alien Labor Tax Deduction

Increases state income taxes owed for some businesses that deduct wages or other compensation paid to unauthorized aliens.  Defines an unauthorized alien as a person who is not eligible under federal immigration law to work in the United States.

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Amendment 4

Protect People, Especially Youth, from Addition, Disease and Other Health Hazards of Using Tobacco

To protect people, especially youth, from addiction, disease, and other health hazards of using tobacco, the Legislature shall use some Tobacco Settlement money annually for a comprehensive statewide tobacco education and prevention program using Centers for Disease Control best practices.

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Amendment 6

Increased Homestead Exemption

Amendment to the State Constitution to increase the maximum additional homestead exemption for low-income seniors from $25,000 to $50,000.

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Amendment 7

Permanently Disabled Veterans' Discount on Homestead Ad Valorem Tax

Amendment 8

Eminent Domain

H.R. 1306

Condemnation of Property

An amendment to the Constitution so as to require that the condemnation of property for redevelopment purposes must be approved by vote of the elected governing authority of the county or city in which the property is located; to restrict the use of eminent domain for redevelopment purposes to the elimination of harm; to provide that the use of eminent domain by counties and municipalities shall be subject to limitation by general law; and to prohibit the use of eminent domain by certain non-elected local authorities.

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Proposition 1

Increasing K-12 Education Funding for Local Public Schools by Adding One Percent to State Sales Tax

An initiative relating to K-12 public school funding; identifying the purpose of this initiative as providing adequate and stable funding for local K-12 public schools; adding 1% sales tax rate, effective July 1, 2007, or requiring legislature to develop alternative revenue stream for this component of K-12 local public school funding; creating the Idaho Local Public Schools Investment Fund which, along with other revenue sources, will be used exclusively for K-12 public education, and which must be used for supporting students in the classroom and improving local schools; requiring annual accountability reports from local school boards on use of increased revenues; requiring that increased revenues in the Idaho Local Public Schools Investment Fund augment, not replace, current K-12 public school support revenue, establishing the method to compute each year's general fund appropriation for public schools; providing for distribution of increased revenues through the current K-12 public school funding mechanism; requiring advisory revote on Act in year 2020; and containing a severability clause.

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Proposition 2

Initiative Limiting Eminent Domain when Used for Economic Development; Defining Land Use Law; and Permitting Just Compensation for Regulatory Takings

An initiative relating to eminent domain; amending Section 7-701, Idaho Code, to provide limitations on eminent domain for private parties, and for urban renewal or economic development purposes; and provide for further judicial review of proceedings involving the exercise of eminent domain; adding a new section 7-701A to provide for definitions relating to highest and best use, fair market value, just compensation, and land use law; and to provide for just compensation when a regulatory action reduces fair market value of property and to provide just compensation to a condemnee.

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Question 1

Sale of Wine by Food Stores

This proposed law would allow local licensing authorities to issue licenses for food stores to sell wine.

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Proposition B

Raising Minimum Wage

Initiative 151

Raise the Minimum Wage

This measure raises the state minimum wage to the greater of either $6.15 an hour or the federal minimum wage. This measure also adds an annual cost-of-living adjustment to the state minimum wage.

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Initiative 153

Prohibition of Lobbying by Former Government Insiders

This measure prohibits former state legislators, appointed officials, department directors, elected officials and their personal staff, from becoming licensed lobbyists within 24 months after departure from state government.

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Initiative 154

Protect Private Property Rights

Removed from ballot by Montana Supreme Court

Question 2

Nevada Property Owner's Bill of Rights

Proposes to amend Article 1 of Nevada’s Constitution regarding the determination of public use of property, payment for private property taken under eminent domain actions, compensation for economic loss from government actions, and the rights of property owner’s with respect to court proceedings. If voters approve this initiative during the 2006 election, it will be resubmitted to the voters at the 2008 General Election.

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Question 3

Tax and Spending Control for Nevada

This proposed constitutional amendment has been removed from the ballot by the Nevada State Supreme Court.

Question 4

Responsibly Protect Nevadans from Second-Hand Smoke Act

This statutory initiative would prohibit smoking of tobacco in the following specific places: indoor dining areas within restaurants, child care facilities, all elementary, secondary and high school property, hospitals and medical offices, any motion picture house, theatre, or concert hall, video arcades, government buildings, grocery stores and bakeries, retail establishments, drug stores and convenience stores and any museums, libraries, gallery or other places of public display or collection.

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Question 5

Clean Indoor Air Act

The Clean Indoor Air Act would prohibit smoking tobacco in any form in most public places, excluding stand-alone bars and gaming areas of casinos. Smoking would be prohibited in indoor places of employment, including child care facilities, movie theaters, video arcades, government buildings and public places, malls and retail establishments, all areas of grocery stores and all indoor areas within restaurants.

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Question 6

Raise the Minimum Wage for Working Nevadans Act

The amendment would require employers to pay Nevada employees $5.15 per hour worked if the employer provides health benefits, or $6.15 per hour worked if the employer does not provide health benefits. The rates shall be adjusted by the amount of increases in the federal minimum wage over $5.15 per hour, or, if greater, by the cumulative increase in the cost of living measured by the Consumer Price Index (CPI), with no CPI adjustment for any one-year period greater than 3%.  Question #6 qualified for inclusion on the 2004 General Election ballot. Voters approved Question #6 in the 2004 General Election, and the proposal will now be resubmitted to the voters at the 2006 General Election. During the 2004 election, Question #6 passed by a margin of 68% to 32%.

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Question 8 (A.B. 554)

Sales and Use Tax

This proposed amendment to the Sales and Use Tax Act of 1955 would exempt from the taxes imposed by this Act on the gross receipts from the sales and the storage, use or other consumption of tangible personal property, the value of any used vehicle taken in trade on the purchase of another vehicle.

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Question 1

Power to Take Property Limited

Public Question 1

Dedicates Annual Revenue of an Amount Equal to a Tax Rate of 0.5% under the State Sales Tax for Property Tax Reform

Provides for the annual dedication and annual appropriation of an amount equal to the annual revenue derived from a tax rate of 0.5% imposed under the New Jersey Sales and Use Tax, exclusively for the purpose of property tax reform, through a special Property Tax Reform Account established in the constitutionally dedicated Property Tax Relief Fund.

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Public Question 2

Expands the authorized uses of the constitutionally dedicated Corporation Business Tax Revenue, to allow the use of 15% of the dedicated funds to fund the development of lands for recreation and conservation purposes, and beginning on January 1, 2016, allow the use of an additional 17% of the dedicated funds to fund the development of lands for recreation and conservation purposes.

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Measure 39

Prohibits Public Body from Condemning Private Real Property if Intends to Convey to Private Party

Prohibits public bodies from condemning private residence, business establishment, farm, or forest operation if government intends to convey all or part of the property to another private party.  Excludes property condemned as dangerous to health or safety, or for transportation or utility services; allows government to lease condemned property for accessory retail uses.

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Measure 42

Prohibits Insurance Companies from Using Credit Score or "Credit Worthiness" in Calculating Rates or Premiums

This measure prohibits insurance companies and agents that sell or market medical, health, accident, automobile, fire, or liability insurance, or any combination of policies providing such coverage to consumers from quoting, offering, or charging, directly or indirectly, rates or premiums based solely or in part upon the credit score, or "Credit Worthiness" of an insured or an applicant for insurance.  This measure does not apply to policies already in effect, but it shall apply to all policies commenced, changed, amended or renewed after the measure's effective date.

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Measure 44

Allows Any Oregon Resident Without Prescription Drug Coverage to Participate in Oregon Prescription Drug Program

Eliminates eligibility restrictions of the Oregon Prescription Drug Program and expands the program eligibility to all Oregon residents who have no prescription drug coverage except Medicare Part D.

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Measure 46

Amends Constitution: Allows Laws Regulating Election Contributions, Expenditures Adopted by Initiative or by 3/4 Vote of Both Legislative Houses

The Oregon Constitution currently prohibits laws that impose involuntary limits on, or otherwise prohibit political campaign contribution or expenditures.  This measure amends the Constitution to allow laws, if they are enacted or amended through the ballot initiative process or by the Legislative Assembly by a three-fourths vote of both houses, that limit or prohibit campaign contributions that influence the outcome of any election.

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Measure 47

Revises Campaign Finance Laws: Limits or Prohibits Contributions and Expenditures; Adds Disclosure, New Reporting Requirements

Limits individual contributions to candidates, political committees, “small donor committees,” and political parties with an annual cap for all contributions.  Limits political committee and political party contributions to candidates and each other.  Allows unlimited contributions by “small donor committees.”  Prohibits corporate, union, and organizational contributions and expenditures except through political committees funded solely by individuals.  Limits a candidate’s spending to their own candidacy.  Limits independent expenditures by individuals, political entities, and organizations.  Establishes new disclosure and reporting requirements.

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Constitutional Amendment 3a

Investments Allowed For Various State-Operated Retirement Systems

Currently, South Carolina’s Retirement Systems may invest only in publicly traded stocks and stocks of companies located in the United States. This amendment would allow prudent investing in all stocks as a means of seeking higher profits.

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Constitutional Amendment 4

Limitation on Increases in the Value of Real Property

This amendment will limit increases in the value of a parcel of real property for purposes of imposing the property tax to no more than fifteen percent every five years after the current value of the property has been adjusted: (1) to reflect improvements made to the parcel; (2) to reflect a decline in the value of the parcel; and (3) to reflect the value of the parcel when ownership of the property changes as the General Assembly by law defines such changes.

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Constitutional Amendment 5

Eminent Domain

This amendment prohibits the State or a local government from condemning, or taking, private property for any purpose except for a public use, and says that economic development in itself is not a public use; allows the General Assembly to pass a law that allows condemnation for a private use only if the property is blighted and is dangerous to the community’s safety and health and if fair compensation is paid; and deletes language about condemnation of blighted areas by some specific local governments.

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Constitutional Amendment D

Real Property Assessment for Taxation

The proposed amendment to the State Constitution would base the taxable value of property upon “acquisition value” for property sold after January 1, 2007.  The Legislature may authorize the assessed value of such property to be annually adjusted by up to three percent, using the 2003 assessed property valuation as the base year.  The taxable value of the property may be further adjusted if the property has changed use or classification or has been subject to addition, improvement or destruction.

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Initiated Measure 2

An Initiative to Increase the Tax on Cigarettes and Tobacco Products and to Dedicate the Revenues

The proposed law would increase taxation on tobacco products sold in the state. The tax on a 20 stick cigarette package would be raised by $1.00; the tax on a 25 stick cigarette package would be raised by $1.25. The tax on all other tobacco products such as cigars, roll-your-own, and chewing tobacco, would increase from 10 percent to 35 percent of the wholesale price. Deposits up to $30 million of tobacco tax revenue into the state general fund. The next $5 million, if any, will be deposited in the tobacco prevention and reduction trust fund. Tobacco tax revenue in excess of $35 million, if any, will be divided among the property tax reduction fund, the education enhancement trust fund, and the health care trust fund.

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Question 3

Taxation and Finance.  Exempt property.

The proposed amendment authorizes the General Assembly to pass laws that will allow counties, cities, and towns to provide a partial exemption from real estate taxes for new structures and improvements located in a conservation, redevelopment or rehabilitation area.

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Initiative 920

Estate Tax

This measure would repeal Washington’s state laws imposing tax, currently dedicated for the education legacy trust fund, on transfers of estates of persons dying on or after the effective date of this measure.

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Initiative 933

Government Regulation of Private Property

This measure would require government agencies to consider the effects of and alternatives to regulating private property. Compensation would be required when regulations are enforced that damage private property use or value, including regulations prohibiting or restricting property uses that were allowed as of January 1, 1996. Exceptions would exist for regulations applying equally to all property subject to the agency’s jurisdiction. Development regulations that would prohibit existing legal property uses would not be permitted.

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Initiative 937

Energy Resource use by Certain Electric Utilities

This measure would require investor-owned and consumer-owned utilities with 25,000 or more customers to meet designated targets for energy conservation, including cogeneration as defined, and use of eligible renewable energy resources. Renewable energy resource targets may be met by designated investment levels, including energy resource credits. Utilities not meeting conservation and renewable energy resource targets would pay penalties to the state, to be used for purchase of renewable energy credits or certain energy conservation purposes.

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H.J.R. 4223

Increasing an Exemption from the Personal Property Tax

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