Ohio Toxic Chemicals Labeling, Taxation, and Regulation Initiative (1992)

Ohio Toxic Chemicals Warning Initiative
Election date November 3, 1992
Topic Business regulations and Taxes
Status Defeated
Type Indirect initiated state statute	Origin Citizens

Ohio Toxic Chemicals Warning Initiative was on the ballot as an indirect initiated state statute in Ohio on November 3, 1992. It was defeated.

A "yes" vote supported this ballot initiative to: require businesses to provide labels or warnings for consumer products and environmental releases of chemicals shown to increase cancer or reproductive risks; enact a tax of one cent per pound per year on businesses that release or transfer toxic chemicals, with funds used for enforcement, administration, and grants for environmental exposure studies; establish civil fines (up to $2,500 per day per exposure) and criminal penalties (2–4 years in jail and fines up to $25,000) for violations; and require businesses to conduct chemical inventories and detailed area assessments under certain conditions.

A "no" vote opposed this ballot initiative related to requiring businesses to label or warn about chemicals linked to cancer or reproductive risks, enacting a tax on toxic chemical emissions, enforcing penalties for violations, and requiring chemical inventories and assessments.

Election results

Ohio Toxic Chemicals Warning Initiative
Result		Votes	Percentage
Yes		1,007,882	21.93%
No		3,587,734	78.07%

Results are officially certified.

Source

Text of measure

Ballot title

The ballot title for Toxic Chemicals Warning Initiative was as follows:

“

To enact Sections 3752.01 through 3752.99 of the Revised Code. The proposed law would: Require businesses to provide labels and/or other warnings in conjunction with the use in consumer products or the environmental release of chemical substances determined on the basis of tests or other evidence to increase the normal risk of cancer or reproductive defects in animals or humans. Create a new tax on businesses that release or transfer toxic chemicals of one cent per pound per year on their emissions to be paid into a special fund. That tax and civil fines would pay for implementation, administration and enforcement of the law and would award grants to groups demonstrating a need to study environmental exposures to chemical substances. State and local government officials administer the program. State and local governments and private businesses with none or fewer employees are exempt from the law. Provide for criminal penalties and civil fines for violations of the law. Civila penalties of up to $2,500 a day per exposure, and criminal penalties of 2-4 years in jail and up to $25,000 fine may be imposed. Attorneys fees may be awarded. Persons subject to the law must conduct inventories of chemicals and detailed area assessments under specified circumstances. If adopted, this law would be effective on December 2, 1992. A majority yes vote is necessary for passage. Shall the proposed amendment be adopted?

”

Path to the ballot

See also: Signature requirements for ballot measures in Ohio

An indirect initiated state statute is a citizen-initiated ballot measure that amends state statute. There are nine (9) states that allow citizens to initiate indirect state statutes.

While a direct initiative is placed on the ballot once supporters file the required number of valid signatures, an indirect initiative is first presented to the state legislature. Legislators have a certain number of days, depending on the state, to adopt the initiative into law. Should legislators take no action or reject the initiative, the initiative is put on the ballot for voters to decide.

In Ohio, initiated state statutes begin as indirect initiatives, with campaigns needing to collect signatures equal to 3 percent of the votes cast for governor to place their proposal before the Ohio State Legislature. If the legislature fails to enact the proposed legislation, additional signatures equaling another 3 percent of the gubernatorial vote must be collected in order to place the measure the ballot as a direct initiative. A simple majority vote is required for voter approval.

See also

1992 Measures

• 1992 Measures
• Business regulations on the ballot
• Taxes on the ballot
• 1992 legislative sessions

Ohio

• Ohio ballot measures
• Ohio ballot measure laws

News and analysis

• Ballot measure lawsuits
• Ballot measure readability
• Ballot measure polls

External links

• Legislative Reference Bureau, "Proposed Constitutional Amendments, Initiated Legislation, and Laws Challenged by Referendum, Submitted to the Electors," December 7, 2018