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Four initiatives on an already full ballot

by CHRIS PETERSON
Editor | November 4, 2016 1:38 PM

While the presidential and governor’s race are grabbing most of the headlines this election, there are also four constitutional initiatives on the ballot. Here’s a look at them:

• Initiative 177 would prohibit trapping on all public lands, with few exceptions. Proponents claim it’s time to end trapping and they oppose trapping of animals on a broad basis — even in live “box” traps. This initiative also looks to stop any commercial take of wildlife for its fur. Opponents note that about 40 percent of all wolves were trapped on public lands last year, as well as other predators. This bill would make it more difficult to control predator populations, opponents note and would cost the state about $422,000 annually, as it would cost more to reduce predator populations that are normally done by trappers, who pay a license to do so. The bill also makes it necessary to exhaust other means of predator and other wildlife damage control, such as that from beavers and muskrats, before trapping is allowed.

• Initiative 181 would establish the Montana Biomedical Research Authority that would promote the development of therapies and cures for brain illnesses like Parkinson’s disease, Alzheimer’s traumatic brain injuries and brain cancer. The initiative also authorizes the state to bond dents for $20 million annually for 10 years. Proponents claim the research is necessary and could be used to leverage larger federal grants and Montana has an aging population. Opponents object to the additional debt, noting the payback on the bonds would amount to $325 million. Funding research by creating debt is not a wise use of taxpayer dollars, they note.

• Initiative 182 looks to change Montana’s medical marijuana laws, repealing the limit of three patients per licensed provider and allows providers to hire employees to help grow and tend to plants as well as sell marijuana to patients. It also identifies post-traumatic stress disorder as a “debilitating medical condition” for which a physician could prescribe medical marijuana.

Proponents note the bill will make it easier to get medical marijuana. But opponents note there were abuses in the 2004 initiative that made medical marijuana legal and Senate Bill 423, which put the three-person limit in place was response to the public’s concerns. They also claim the provisions in 192 don’t provide adequate protections for illegal drug activity.

• Initiative 116 would create specific rights for crime victims, including the right to provide input to the prosecutor before any plea agreement is finalized and to be heard at plea sentencing proceedings. It also guarantees crime victim’s rights to restitution and privacy. On the privacy end, a victim would have the right to refuse an interview, deposition or other discovery requests and to set reasonable conditions on the conduct of any interaction to which the victim consents.

The initiative is also known as Marsy’s law and was named after Marsalee Nicholas, at University of California Santa Barbara student, who was stalked and killed by her ex-boyfriend in 1983. Only a week after Marsy was murdered, Her parents walked into a grocery store after visiting her daughter’s grave and was confronted by the accused murderer. They had no idea that he had been released on bail.

Opponents of the bill note the law is backed by a California businessman and would cost Montana taxpayers more in staffing and other costs to implement the bill. They also note that Montana already has a Treatment of Victims Act. In addition, they note that a person accused of a crime is presumed innocent until proven guilty and the initiative could interfere with those rights.