HomeMy WebLinkAbout2000-11-07 State Election WarrantCOMMONWEALTH OF MASSACHUSETTS
Middlesex, ss. Officer's Return, Reading:
By virtue of this Warrant, I, on October 19, 2000 notified and warned the
inhabitants of the Town of Reading, qualified to vote in elections and Town affairs, to
meet at the place and at the time specified by posting attested copies of this State Election
Warrant in the following public places within the Town of Reading:
Precinct 1 J. Warren Killam School, 333 Charles Street
Precinct 2 Registry of Motor Vehicles, 275 Salem Street
Precinct 3 Reading Police Station, 15 Union Street
Precinct 4 Joshua Eaton School, 365 Summer Avenue
Precinct 5 Town Hall, 16 Lowell Street
Precinct 6 Alice M. Barrows School, 16 Edgemont Avenue
Precinct 7 Reading Library, Local History Room, 64 Middlesex Avenue
Precinct 8 Arthur W. Coolidge, Middle School, 89 Birch Meadow Drive
The date of posting being not less than seven (7) days prior to November 7, 2000, the
date set for the State Election in this Warrant.
I also caused an attested copy of this warrant to be published in the Reading Daily
Chronicle in the issue of October 24, 2000.
A true copy. Attest:
Cheryl A. Johnso own Clerk Daniel W. Halloran Jr., Constable
STATE ELECTION WARRANT
(Seal)
COMMONWEALTH OF MASSACHUSETTS
Middlesex, ss.
To any of the Constables of the Town of Reading, Greetings:
In the name of the Commonwealth of Massachusetts, you are hereby required to
notify and warn the inhabitants of the Town of Reading, qualified to vote in elections and
Town Affairs, to meet at the place designated for the eight precincts in said Town,
namely:
Precincts 1 2 3 4 5 6 7 8A and 8B
Hawkes Field House 62 Oakland Road
TUESDAY, THE SEVENTH DAY OF NOVEMBER, 2000 from 7:00 a.m. to 5:00
p.m. to cast their votes in the State Election for candidates of political parties for the
following offices:
ELECTORS OF PRESIDENT
- AND VICE PRESIDENT FOR THE COMMONWEALTH
U. S. SENATOR FOR THE COMMONWEALTH
REPRESENTATIVE IN CONGRESS....... 6th & 7th Middlesex Districts, all precincts
COUNCILLOR 6th District, all precincts
SENATOR IN GENERAL COURT 3ra Middlesex District, all precincts
REPRESENTATIVES IN
GENERAL COURT 21sT & 34TH Middlesex Districts
CLERK OF COURTS Middlesex County, all precincts
REGISTER OF DEEDS Middlesex Southern District, all precincts
REGISTER OF PROBATE Middlesex County, all precincts
NORTHEAST METROPOLITAN REGIONAL
VOCATIONAL SCHOOL DISTRICT...... Middlesex County, all precincts
6th Congressional District
7th Congressional District
21st Middlesex District
34th Middlesex District
Precincts 1 & 8B
Precincts 2, 3, 4, 5, 6, 7 & 8A
Precincts 1, 2, 4, 6, 7, 8A & 8B
Precincts 3 & 5
QUESTIONS
#1- Earlier Redistricting for State Legislators and Governor's Councillors
#2 - Voting for Incarcerated Felons'
#3 - Dog Racing
#4 - Income Tax Rate Reduction
#5 - Health Insurance and Health Care
#6 - Tax Credit for Tolls and Motor Vehicle Excise Taxes
#7 - Tax Deduction for Charitable Contributions
#8 - Drug-Dependency Treatment and Drug-Crime Fines and Forfeitures
and you are directed to serve this Warrant by posting an attested copy thereof in at least
one (1) public place in each precinct of the Town not less than seven (7) days prior to
November 7, 2000, the date set for the election in said Warrant, and to publish, this
Warrant in a newspaper published in the Town.
Hereof fail not to make due return of this Warrant with your doings thereon to the
Town Clerk at or before the time appointed for said voting.
Given under our hands this 17th day of October, 2000.
it An; YI2,-
Mat J. Nestor, Chairman
Geor V. Hines, Vice Chairman
~c y
' thony, Seefetary
/ 1'-f &,-I. . . lz-;- I-,"
lit e~L1A4A4LXEAA
Matt w Cumming
Sally M. oyt
BOARD OF SELECTMEN
A true copy. Attest:
61_.-
heryl . . Johnso , Town Clerk
Daniel W. alloran Jr., Constable
STATE ELECTION
November 7, 2000
Pursuant to the Warrant and the Constable's Return thereon, a State Election was held for all eight precincts
'at the Hawkes Field House. The Warrant was partially read by the Town Clerk, Cheryl A. Johnson, when on
motion of Mildred L. Barton, Precinct 1, it was voted to dispense with the further reading of the Warrant, except
the Constable's Return, which was then read by the Town Clerk. The ballot boxes were examined by the
respective Wardens and each found to be empty and registered 00.
The Town Clerk declared the polls open at 7:00 a.m. and closed at 8:00 p.m., with the following results:
12,905 ballots (80%) of registered voters cast as follows:
ELECTORS OF PR
ESIDENT AN
D VICE PRES
IDENT - Vote
for One
Candidate
1
2
3
4
5
6
7
8A
813
Total
Browne and Olivier
14
5
11
12
10
7
8
3
4
74
Buchanan and Higgins, Sr.
7
3
2
3
4
5
4
0
9
37
Bush and Cheney
649
531
529
634
471
570
542
220
544
4690
Gore and Lieberman
908
872
831
848
817
881
843
264
731
6995
Hagelin and Tompkins.
0
3
1
1
0
1
1
1
0
8
Nader and LaDuke
87
86
102
89
72
100
103
15
71
725
Others
6
4
2
5
2
4
3
0
5
31
Blanks
47
62
35
39
33
29
48
21
31
345
Total
1718
1566,
1513
1631'
1409
1597
1552
524
1395
12905
SENATOR IN CONGRESS - Vote
for One
Candidate
1
2
3
4
5
6
7
8A
8B
Total
Edward M. Kennedy
1133
1033
1036
1047
948
1059
1036
326
893
8511
Carla A. Howell
209
191
174
216
178
201
188
61
160
1578
Jack E. Robinson, III
233
210
172
212
166
211
178
87
209
1678
Dale E. Friedgen
3
2
5
1
6
7
6
1
5
36
Philip Hyde, III
6
5
7
4
. 6
5
8
4
8
53
Philip F. Lawler
16
21
26
45
26
31
24
9
27
225
Others
1
0
1
1
1
0
3
0
3
10
Blanks
117
104
91
104
78
82
109
36,
90
811
Total
1718
1566
1512
1630
1409
1596
1552
524
1395
1290211
REPRESENTATIVE IN CONGRESS - SIXTH DISTRIC
T - Vote for One
Candidate
1
2
3
4
5
6
7
8A
813
Total
John F. Tierney
1045
846
1891
Paul McCarthy
520
433
953
Others
2
1 -
0
2
Blanks
151
116
267
Total
1718
1395
3113
REPRESENTATIVE IN CONGRESS - SEVENTH DISTRICT - Vote for One
Candidate
1
2
3
4
5
6
7
8A
811
Total
Edward J. Markey
1182
1116
1173
1046
1177
1181
370
7245
Others
6
3
10
9
12
6
0
46
Blanks
378
393
447
354
407
365
154
2498
Total
1566
1512
, 1630
1409
1596
1552
524
9789
COUNCILLO
R - Vote for One
Candidate
1
2
3
4
5
6
7
8A
813
Total
Michael J. Callahan
1068
1024
993
1001
896
1050
988
321
853
8194
Others
2
2
2
5
4
2
1
0
2
20
Blanks
648
540
517
624
509,
544
563
203
540
4688
Total
1718
1566
1512
1630
1409
1596
1552
524
1395
12902
SENATO
R IN G
ENERAL COURT - Vote for One
Candidate
1
2
3
4
5
6
7
8A
813
Total
Richard R. Tisei
1175
1049
1008
1167
960
1103
1050
385
985
8882
Steve Spain
377
359
365
311
355
365
342
100
292
2866
Others
0
0
0
1
2
0
1
0
0
4
Blanks
166
158
139
151
92
128
159
39
118
1150
Total
1718
1566
1512
1 _ 1630
1409
1596
1552
524
1395
12902
REPRESENTATIVE IN GEN'L COURT - 21st MIDDLESEX DIST - Vote for One
Candidate
1
2
3
4
5
6
7
8A
811
Total
Bradley H. Jones, Jr.
1217
1111
0
1180
0
1132
1071
376
1002
7089
Others
4
1
0
18
0
3
2
0
5
33
Blanks
497
454
0
432
0
461
479
148
388
2859
Total
1718
15566
0
1630
0
1596
1552
524
1395
9981
REPRESENTATIVE IN GEN'L COURT - 34th
MIDDLESEX DIST - Vote for One
Candidate
1
2
3
4
5
6
7
8A
8B
Total
Paul C. Casey
739
736
1475
Michael J. Rotondi
658
573
1231
Others
0
1
1
Blanks
115
99
214
Total
. 1512
1409
2921
CL
ERK O
F COU
RTS - Vote for One
Candidate
1
2
3
4
5
6
7
8A
8B
Total
Edward J. Sullivan
1058
1049
1001
993
936
1040
1009
329
845
8260
Others
1
2
1
3
3
1
0
0
2
13
Blanks
659
, 515
, 510
634
470
555
543
195
, 548
4629
Total
1718
1566
1512
1630
1409
1596
1552
524
1395
12902
REGISTER OF DEEDS - Vote for One
Candidate
1
2
3
4
5
6
7
8A
8B
Total
Eugene C. Brune
1056
1013
979
972
878
1018
971
325
845
8057
Others
1
2
2
2
2
1
0
0
2
12
Blanks
661
551
531
656
529
577
581
199
548
4833
Total
1718
1566
1512
1630
1409
1596
1552
524
1395
12902
REGISTER OF PROBATE - Vote
for One
Candidate
1
2
3
4
5
6
7
8A
8B
Total
John R.Buonomo
640
' 591
612
543
524
591
550
196
528
4775
Lee Johnson
496
435
422
500
411
474
431
171
407
3747
Diane Poulos Harpell
221
216
189
223
203
220
218
56
165
1711
Others
0
0
0
0
0
0
0
0
0
0
Blanks
361
324
289
364
271
311
353
101
295
2669
Total
1718
1566
1512
1630
1409
1596
1552
524
1395
12902
REGIONAL VOCATIONAL SCHOOL COMMITTEE - CHE
LSEA - Vote for One
Candidate
1
2
3
4
5
6
7
8A
8B
Total
Michael T. Wall
1010
965
941
930
838
953
904
298
809
7648
Others
0
2
1
0
2
1
0
0
3
9
Blanks
708
599
570
700
569
642
, 648
226
583
5245
Total
1718
1566
1512
1630
1409
1596
1552
524
1395
12902
REGIONAL VOCATIONAL SC
HOOL COMM
ITTEE - MALDEN - Vote for One
Candidate
1
2
3
4
5
6
7
8A
8B
Total
Earl W. Fitzpatrick
988
936
914
905
807
926
882
286
783
7427
Others
0
1
1
0
1
1
1
0
3
8
Blanks
730
629
597
725
601
669
669
238
609
5467
Total
1718
1566
1512
1630
1409
1596
1552
524
1395
12902
REGIONAL VOCATIONAL SCH
OOL COMM
ITTEE - MEL
ROSE - Vote for One
Candidate
1
2
3
4
5
6
7
8A
813
Total
William C. Mahoney
998
937
918
907
812
920
883
281
769
7425
Others
1
4
1
0
1
2
0
0
3
12
Blanks
719
625
593
723
596
, 674
669
243
623,
5465
Total
1718
1566
1512
1630
1409
1596
1552
524
1395
12902
REGIONAL VOCATIONAL SCHOOL COM
MITT
EE - NORTH READING - Vote for One
Candidate
1
2
3
4
5
6
7
8A
813
Paul L. Sweeney
1032
947
929
936
830
955
927
293
812
!76]61
Others
0
1
1
0
1
1
0
0
2
6
Blanks
686
618
582
694
578
, 640
625
231
581
5235
Total =
171,81
1566
1512
1630
1409
1596
1552
524
1395
12902
REGIONAL VOCATIONAL SCHOOL COMM
ITTEE - READING - Vote for One
Candidate
1
2
3
4
5
6
7
8A
8B
Total
Robert S. McCarthy
1075
1004
975
1034
879
1020
974
322
864
8147
Others
0
3
1
0
0
4
1
0
2
11
Blanks
643,
559,
536
596
530
572
577
202
529
4744
Total
1718
1566
1512
1630
1409
1596
1552
524
1395
12902
REGIONAL VOCATIONAL SC
HOOL COMMITTEE - REVERE - Vote for One
Candidate
1
2
3
4
5
6
7
8A
813
Total
Ronald J. Jannino
691
640
614
605
571
651
593
189
545
5099
Gary G. Peluso
304
317
318
292
263
284
284
93
248
2403
Others
0
0
0
0
0
1
2
0
0
3
Blanks
723
609
580
733
575
660
673
242
602
5397
Total
1718
1566
1512
1630
1409
1596
1552
524
1395
12902
REGIONAL VOCA
TIONA
L SCHOOL COMMITTEE - STONEHAM - Vote for One
Candidate
1
2
3
4
5
6
7
8A
8B
Total
Anthony E. DeTeso
968
910
885
864
- 788
892
834
279
744
7164
Others
0
2
1
0
0
1
0
0
2
6
Blanks
750,
654
626
766
621
, 703
, 718
245
649
5732
Total
1718
__j5 6
1512
1630
1409
1596
1552
524
1395
12902
REGIONAL VOCATIONAL SC
HOOL COMMITTEE - SAUGUS - Vote for One
Candidate
1
2
3
4
5
6
7
8A
813
Total
Peter A. Rossetti, Jr.
936
884
864
830
766
859
813
261
717
6930
Others
1
1
1
0
0
2
0
0
3
8
Blanks
781
681
647
, 800
643
735
739
263
, 675
5964
Total
1718
1566
1512
1630
1409
1596
1552
524
1395
12902
REGIONAL VOCATIONA
L SCHOOL COMMI
TTEE - WAKEFIELD - Vote for One
Candidate
1
2
3
4
5
6
7
8A
813
Total
Vincent J. Carisella
943
900
859
844
755
872
826
265
721
6985
Others
0
1
1
1
0
2
0
0
4
9
Blanks
775
665
652
785
654
722
726
259
670
5908
Total
1718
1566
1512
1630
1409
1596
1552
524
1395
12902
REGIONAL VOCAT
IONAL SCHOOL COMMITTEE - WINCH
ESTE
R - Vote for One
Candidate
1
2
3
4
5
6
7
8A
8B
Total
John J. Bradley
931
883
854
854
762
868
842
261
725
6980
Others
0
1
0
0
0
1
0
0
3
5
Blanks
787
682
658
776
647
727
710
263
667
5917
Total
1718
1566
1512
1630
1_1409
t 1596
1552
524
1395
12902
REGIONAL VOCATIONAL SCHOOL COMMITTEE - WINTHROP - Vote
for One
Candidate
1
2
3
4
5
6
7
8A
8B
Total
James G. Wallace
907
861
861
846
765
868
834
268
722
6932
Others
1
1
1
0
0
2
0
0
3
8
Blanks
810
704
650,
784
644
726
718
256
670,
5962
Total
1718
1566
1512
1630
1409
1596
1552
524
1395
12902
REGIONAL VOCATIONAL SCHOOL COMM
ITTEE - WOB
URN - Vote for One
Candidate
1
2
3
4
5
6
7
8A
8B
Total
Deborah P. Davis
925
885
861
846
765
868
834
268
722
6974
Others
0
1
1
0
0
2
0.
0
3
7
Blanks
793
680
650
, 784
644,
726
, 718
256
670
5921
Total
1718
1566
1512
1630
1409
1596
1552
524
1395
12902
QUESTION 1 - PROPOSED AMENDMENT TO THE CONSTITUTION
SUMMARY
This proposed constitutional amendment would require that new district boundaries for state representatives,
state senators, and governor's councillors, which are redrawn every ten years based on the most recent federal -
census, take effect for the state election held two years after the federal census, rather than the election four
years after the census as under the current system.
1
2
3
4
5
6
7
8A
8B
Total
Yes
1204
1056
1045
1198
981
1159
1087
348
953
9031
No
393
382
348
330
345
358
330
121
342
2949
Blanks
121
128
119
102
83
79
135
55,
100
922
Total
1718
1566
1512
1630
1409
1596
1552
524
1395
12902
QUESTION 2 - PROPOSED AMENDMENT TO THE CONSTITUTION
SUMMARY
This proposed constitutional amendment would prohibit persons who are incarcerated in a corectional facility
due to a felony conviction from voting in elections for governor, lieutenant governor, state senator, or state
representative. The amendment would also result in such persons being ineligible to vote for governor's council
secretary of state, state treasurer, state auditor, state attorney general, or United States senator or representative
in Congress.
1
2
3
4
5
6
7
8A
8B
Total
Yes
1139
1028
623
1092
898
1081
988
361
958
8168
No
496
428
809
460
446
448
468
126
359
4040
Blanks
83
110
80
78
65
67
, 96
37
78
694
Total
1718
1566
1512
1630
1409
1596
1552
524
1395
12902
QUESTION 3 - LAW PROPOSED BY INITIATIVE PETITION
SUMMARY
This proposed law would prohibit in Massachusetts any dog racing or racing meeting where any form of
betting or wagering on the speed or ability of dogs occurs. The State Racing Commission would be prohibited
from accepting or approving any application or request for racing. Any person violating the proposed law
could be required to pay a civil penalty of not less than $20,000 to the State Racing Commission. The penalty
would be used for the Commission's administrative purposes, subject to appropriation by the State Legislature.
All existing provisions of the part of the state's General Laws concering dog and horse racing meetings would
be interpreted as not applying to anything dog-related. The proposed law would take effect on June 1, 2001.
The proposed law states that if any of its parts were declared invalid, the rest of the law would stay in effect.
1
2
3
4
5
6
7
8A
8B
Total
Yes
731
660
623
683
638
689
691
202
559
5476
No
908
802
809
880
718
852
778
290
767
6804
Blanks
79
104,
80
67
53
55
83
32
69
622
Total
1718
1566
1512
1630
1409
1596
1552
, 524
1395
12902
QUESTION 4 - LAW PROPOSED BY INITIATIVE PETITION
- SUMMARY
This proposed law would repeal the law setting the state personal income tax rate on Part B taxable income
(such as wages and salaries), which was 5.95% as of September 1, 1999 and would set the rate at 5.6% for tax
year 2001.5.3% for tax year 2002, and 5% for tax year 2003 and after. If the Legislature set a lower rate for
any of those years, that lower rate would apply. The proposed law states that if any of its parts were declared
invalid, the other parts would remain in effect.
1
2
3
.4
5
6
7
8A
8B
Total
Yes
1053
898
864
970
792
935
897
312
853
7574
No
586
572
569
592
560
601
572
176
471
4699
Blanks
79
96
79
68
57
60
83
36
71
629
Total
1718
1566
1512
1630
1409
1596
1552
524
1395
12902
QUESTION 5 - LAW PROPOSED BY INITIATIVE PETITION
SUMMARY
This proposed law would set up a state Health Care Council to review and recommend legislation for a health
care system that ensures comprehensive, high quality health care coverage for all Massachusetts residents.
Until the Council decided that such a system had been set up, the proposed law would prohibit the conversion
of non-profit hospitals, health maintenance organizations (HMO's) and health insurance firms to for-profit
status. The proposed law would also require health insurance carriers to provide certain rights to patients and
health care professionals, starting January 1, 2001. The Council would recommend laws to set up, and would
decide whether laws had been passed to ensure, a health care system that provides: barrier-free access to health
care services; patients' freedom to choose their health care providers, get second opinions, and appeal denials of
care; health care professionals' freedom to act solely in the best interest of their patients; affordable coverage,
with cost increases no greater than national averages; preserving and increasing the quality of care and en-
couraging research; at least 90% of all premiums to be used for patient care, public health, and training/research
and no more than 10% for administrative costs, with simpler paperwork and administration; a prohibition of
financial incentives that limit patient access to health care, and limits on incentives for inappropriate care. The
Council would include 17 members representing health care and other organizations. It would hold public hear-
ings, study proposals, and make recommendations to the state Commissioner of Public Health and the
Legislature on laws and other steps needed to set up a system meeting the above requirements. The proposed
law would also create a special legislative committee, including legislators and members of the Council, to
make recommendations by September 30, 2001, for laws to set up a system meeting the above requirements by
July 1, 2002. Starting January 1, 2001, the proposed law would require health insurance carriers to guarantee
certain rights to their insured patients and to health care professionals. These rights would include: patients'
right to choose all their health care providers, subject to the approval of a freely chosen primary care provider
who has no financial incentive to deny care, and subject to payment of a reasonable extra fee to see a provider
outside the carrier's network; health care professionals' right to make medical decisions in consultation with
their patients; patients' right to transitional insurance coverage when they are undergoing a course of treatment
from a health care provider whose contract with a carrier is being terminated; patients' right to medically neces-
sary referrals to specialists; limits on and disclosure of contracts between carriers and health care providers that
create financial incentives to delay or limit care or provide inappropriate care; health care professionals' right to
discuss benefit plans with insured patients and to advocate on behalf of their patients; carriers could not termi-
nate health care providers' contracts without cause; patients' right to receive emergency services, subject to
authorization procedures, and to be reimbursed when they pay cash for emergency services from providers not
affiliated with their carrier; utilization review procedures that meet specific standards, including patients' rights
to appeal to the Commissioner of Public Health; in any year at least 90% of a carrier's Massachusetts revenue
must be spent on Massachusetts health care, and a carrier that spent more than 10% for non-health care pur-
poses would have to refund the excess to its insured patients. Each carrier would have to report its revenues,
premiums, and expenditures to the state Commissioner of insurance every year. The proposed law states that it
would not interfere with any existing contract, including contract terms (such as automatic renewal or option
clauses) that may go into effect after January 1, 2001. The proposed law states that if any of its parts were de-
clared invalid, the rest of the law would stay in effect.
1
2
3
4
5
6
7
8A
8B
Total
es
639
639
573
591
563
599
602
205
532
4943
No
982
817
838
954
775
923
836
277
785
7187
Blanks
97
110
101
85
71
74
14
H 1
42
78
772
Total
1718
1566
1512
1630
1409
-.596
552
524
1395
12902
QUESTION 6 - LAW PROPOSED BY INITIATIVE PETITION
SUMMARY
his proposed law would allow a state personal income taxpayer a tax credit equal to the amount of tolls the tax
payer paid during the taxable year on all Massachusetts roads, highways, tunnels, and bridges, including the
Massachusetts Turnpike and its Boston Extension, the Tobin Bridge, and the Sumner, Callahan, and Ted
Williams Tunnels. Also a corporation would be allowed a credit against its corporate excise taxes in an amount
equal to all such tolls paid during the taxable year by the corporation or by its employees in furtherance of the
corporation's business. The proposed law would also allow a state personal income taxpayer a tax credit equal
to the amount of excise taxes on registered motor vehicles the taxpayer paid during the taxable year. A corpor-
ation would be allowed a credit against its corporate excise taxes in an amount equal to all registered motor
vehicle excise taxes the corporation paid during the taxable year. The tax credits could not be used to reduce a
personal income taxpayer's taxes below zero or a corporate excise taxpayer's taxes below the minimum levels
set by state law. Any amount of tax credit not usable in a taxable year because of these limits could be carried
over and used in later taxable years, for up to ten years. The proposed law would apply to taxable years be-
ginning on or after January 1, 2001. The proposed law states that if any of its parts were declared invalid, the
other parts would stay in effect.
1
2
3
4
5
6
7
8A
8B
Total
Yes
704
594
624
664
540
618
589
210
551
5094
No
926
864
805
881
797
900
861
268
756
. 7058
Blanks
88
108
83
85
72
78
102
46
, 88
750
Total
1718
1566
1512
1630
1409
1596
1552
524
1395
12902
QUESTION 7 - LAW PROPOSED BY INITIATIVE PETITION
SUMMARY
This proposed law would allow taxpayers who give-to charity a state personal income tax deduction for those
charitable contributions. A taxpayer could take a deduction from any Part B income, including wages and
salaries, of an amount equal to his or her charitable contributions for the year. The taxpayer could take the de-
duction whether or not the taxpayer itemized deductions on his or her federal income tax return. The proposed
law would apply to any contributions that met the definition of charitable contribution used under federal in-
come tax law. The proposed law would apply to taxable years beginning on or after January 1, 2001.
1
2
3
4
5
6
7
8A
8B
Total
Yes
1259
1071
1051
1280
989
1199
1129
390
1030
9398
No
374
390
388
279
369
337
336
102
295
2870
Blanks
85
105
73
71
51
60,
87
32
70
, 634
Total
1718
1566
1512
1630
1409
1596
1552
524
1395
12902
QUESTION 8 - LAW PROPOSED BY INITIATIVE PETITION
SUMMARY
This proposed law would create a state Drug Treatment Trust Fund, to be used, subject to appropriation by the
state Legislature, solely for the treatment of drug-dependent persons. The Fund would include fines paid under
the state's criminal drug laws; money forfeited because of its use in connection with drug crimes; and the pro-
ceeds from selling property forfeited because of its use in connection with drug crimes. The Fund would be
administered by the state's Director of Drug Rehabilitation. Money in the Fund would be spent to increase,
rather than replace, existing government funding for drug treatment programs. Those programs would be ex-
panded to apply to persons who are at risk of becoming drug-dependent and to include drug abuse prevention
through education. The proposed law would expand eligibility for the program under which a person charged
with a drug crime may request a court finding that he is drug-dependent and would benefit from court-moni-
tored treatment. If the court so finds, and the person then successfully completes a treatment program, the crim-
inal charges are dismissed. The proposed law would allow requests to enter this program by persons who are at
risk of becoming drug dependent and by persons charged with a first or second offense of manufacturing, distri-
buting, or dispensing a controlled substance, or possessing a controlled substance with the intent to do any of
those things, or trafficking 14 to 28 grams of cocaine. The proposed law would change the state law governing
forfeiture of money and property used in connection with drug crimes. Land and building could not be forfeited
if used in a manner that was merely incidental to a drug crime. The state would have to prove by clear and con-
vincing evidence that money or property was subject to forfeiture, and the property owner could then try to
prove by a preponderance of the evidence that the money or property was legally exempt from forfeiture. All
forfeited money, instead of being divided between the prosecuting agency and responsible police department
and used for law enforcement purposes, would be put in the Fund. All forfeited property, instead of being so
dividided and used, would be sold and the proceeds put in the Fund. Records of all state and local forfeiture
activities would have to be kept and made public unless harm to law enforcement efforts would result. The
state Inspector General could audit and investigate these activities. Any official who concealed or diverted any
forfeited money or property could be punished by a fine of up to $1000, imprisonment for up to one year, or
both. The proposed law states that if any of its parts were declared invalid, the rest of the law would remain in
effect.
1
2
3
4
5
6
7
8A
8B
Total
Yes
695
657
614
654
605
666
646
214
543
5294
No
928
801
809
889
739
864
807
266
767
6870
Blanks
95
108
89
87
65,
66
99
, 44,
85
738
Total
1718,
1566
1512
1630
1409
1596
1552
524
1395
11
12902
a true copy. Attest:
i
-/Cheryl. Johns ; Town Clerk