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Limit on Affirmative Action Wins Big in California

By Sharon Cohen
Associated Press Writer
Wednesday, November 6, 1996 6:50 a.m. EST

WASHINGTON (AP) -- Two years ago, California shook up the nation with a vote targeting illegal immigrants. This fall, it locked on to another volatile issue -- considerations given to minorities and women in jobs and education. Once again, the tremors have begun.

Tuesday's ballots were packed with hundreds of issues, including 90 initiatives created by citizen petition drives. Those included efforts to give parents protected rights over their children, tax sugar to clean up the Everglades and give wolves a fighting chance by restricting aerial hunting.

But the single item that captured the national imagination was California's plan to dismantle most of its affirmative action programs.

Voters in the nation's most populous state overwhelmingly approved Proposition 209, which bans racial and sex preferences in public hiring, contracting and college enrollments. With 82 percent of precincts reporting, the measure was endorsed 55 percent to 45 percent.

But that vote, rather than quashing debate, seems only to set the stage for the next act in this multimillion-dollar drama: legal challenges, expected as early as today.

''We're determined to have the last word on the issue,'' said Kathy Spillar, Southern California campaign coordinator for Stop Prop 209. ''No matter what happens, this is only the beginning of what we believe will be a nationwide battle.''

The divisions echoed the acrimony over Proposition 187, a measure intended to cut off many state services to illegal aliens. It passed easily two years ago -- and promptly ended up in court, with a federal judge last year striking down parts as unconstitutional.

California voters also rejected a plan that would have made it easier to sue companies and individuals for securities fraud, with specific wording pertaining to damage to retirement investments. That measure triggered an unprecedented $45 million TV advertising war with heavy investments by the nation's stock exchanges.

And in a third proposal, California joined Arizona to just say ''yes'' -- to smoking marijuana for medical purposes.

California's plan approves legalizing the cultivation, possession and use for health reasons. Arizona agreed to allow doctors to prescribe the drug for critically ill patients. The impact of both measures is uncertain since federal law prohibits anyone from using, growing or selling marijuana.

Also jamming statewide ballots were some old standards -- on term limits, gambling and campaign financing -- as well as an array of environmental matters. Big business scored victories in two of the latter.

In Florida, a flood of advertising bought by sugar companies and farmers helped persuade voters to reject a penny-a-pound sugar tax for Everglades cleanup. Fertilizer runoff has polluted the fabled ''river of grass,'' but the voters refused an effort to make farmers pay almost half the enormous costs of restoring the wetland.

And in Maine, a proposed ban on clearcutting on 10 million acres of the state's northern forests failed after the most expensive referendum in state history. Among the opponents were the paper industry -- which spent more than $5 million to defeat it -- and Gov. Angus King, who warned the plan could cost more than 15,000 jobs.

''The gun that has been pointed at the head of the Maine economy is now uncocked, unloaded and off the table,'' King said.

But the compromise that was approved, which provides for more moderate logging restrictions, didn't garner the necessary 50 percent support and another vote must be taken.

In another hotly debated environmental issue, Idaho voters upheld a plan that allows 110 tons of highly radioactive waste to be dumped in the state over 40 years. In exchange, the plan calls for the eventual removal of all the hazardous material.

After a costly campaign, Montana defeated a proposal to toughen the regulation of water pollution from mining, especially cyanide used to leach gold from ore. Critics said the new restrictions were too severe and would mean the loss of high-paying jobs.

Montana voters also embraced an anti-extremism law that was placed on the ballot this spring even as the state grappled with a prairie standoff between armed Freemen and federal agents. The siege ended peacefully after 81 days.

The measure makes it easier to sue people accused of threatening or intimidating actions and bans the filing of bogus property liens, a favorite tactic of anti-government extremists.

Health and family matters were also decided in some states.

Oregon voters raised the state cigarette tax by 30 cents a pack, to 68 cents, to help fund health care for poor people. They also rejected limitations on how health maintenance organizations reimburse doctors for patient care.

Californians rejected two plans to revamo the way the state's HMOs do business.

In Colorado, a measure that would have put a guarantee in the state constitution that parents had ultimate rights in matters of educating and disciplining their children failed with voters. Opponents had argued it would make it tougher to prosecure child abuse and prompt legal fights over school curriculum.

Denver voters refused to grant its workers the nation's highest minimum wage. Minimum wage increases beyond the federal minimum were also turned down in Missouri and Montana but approved in California and Oregon.

Voters also were divided over hunting restrictions.

Massachusetts and Washington banned the use of dogs and bait to hunt bears while Michigan and Idaho rejected such restrictions. Oregon would not repeal a 1994 ban on similar practices, but early returns from Alaska showed support for a measure that would prohibit aerial hunting of wolves.

Despite the mixed results, the Humane Society, a prime proponent of the restrictions, said it was pleased.

''We're calling this a major, major victory,'' said Wayne Pacelle, spokesman for the Humane Society of the United States. ''The citizens of several states have soundly rejected cruel and unsportsmanlike methods of hunting and trapping.''

© Copyright 1996 The Associated Press

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