Developments in the States, 1998

▪ 1999

Introduction

      Riding a tailwind from a strong national economy, state and local governments in the United States again enjoyed the luxury of surplus revenues during 1998 and gained more power in developing national policies. For the fifth consecutive year, states enacted multibillion-dollar tax cuts. Their financial outlook was further brightened at the year's end when tobacco companies finalized a settlement exceeding $200 billion overall to compensate states for the costs of tobacco-related health care.

      Highly charged social policy issues—including affirmative action, bilingual education, homosexual marriage, late-term abortion, and legal gambling—dominated election campaigns and legislative deliberations during the year. As the U.S. Congress continued to cede some powers back to states, authorities grappled with problems concerning the proper relationship between federal and state governments. Forty-four states held regular legislative sessions during 1998, and 13 staged special sessions.

Party Strengths.

      Democrats scored modest gains in national elections in November, winning 37 state legislative seats from Republican control. Before the elections Democrats were in charge of both houses in 20 state legislatures, Republicans had 19, and 10 were split (Nebraska has a nonpartisan unicameral legislature). For 1999, 20 states were in Democratic control, 17 in Republican, and 12 split between the parties.

      In 36 governorships contested nationwide, there were nine changes of party control. Democratic governors were replaced by Republicans in Colorado, Florida, Nebraska, and Nevada, but Democrats took over for Republican governors in Alabama, California, Iowa, and South Carolina. One of the most publicized races occurred in Minnesota, where a former professional wrestler running on the Reform Party ticket, Jesse ("The Body") Ventura, prevailed in a high-turnout election. For 1999 the gubernatorial lineup nationwide was 31 Republicans, 17 Democrats, and 2 independents, compared with a 32-17-1 tally in 1998. Arizona made history by electing women to the state's top five constitutional offices.

Government Structures and Powers.

      Courts wrestled with the legality of laws approved in the early 1990s that had mandated term limits for state officials. Washington's Supreme Court ruled unconstitutional a 1992 term-limits initiative, stating that any change must be done through a state constitutional amendment. In Michigan and California federal judges ruled that state term-limit laws did not violate the U.S. Constitution.

      Voters in Arizona and Massachusetts approved campaign finance overhaul initiatives that provided public funding for candidates and lower permissible limits on political contributions. New York City voters also established a voluntary campaign finance system banning corporate donations and requiring disclosure of contributions by those doing business with the city.

      Voters in Oregon approved a measure allowing virtually all elections to be conducted exclusively by mail, making the state the first to retire precinct voting. Backers claimed mail-in ballots, already used in Oregon local elections, were cheaper to administer, were more convenient, and encouraged higher turnout.

      In a referendum approved by a divided U.S. Congress, Puerto Rico on December 13 voted on four choices: statehood, independence, independence with a "free association" with the U.S., or continuation of its current status as a U.S. commonwealth. No proposal won a majority, but anti-statehood forces claimed victory.

Government Relations.

      Federalism, the proper relationship between the national and state governments, continued to generate controversy during the year. The administration of U.S. Pres. Bill Clinton (see BIOGRAPHIES (Clinton, Bill )) published, and later revoked, an executive order effectively repealing previous federalism accords with states. State and local officials claimed that the disputed order eliminated an agreement that federal authorities would consider federalism principles before taking action and also reneged on promises to cut unfunded federal mandates on states.

      Although the 1996 federal welfare-reform law continued to generate praise, wrangling continued over details. States reported that welfare rolls had been trimmed by nearly 3.5 million since enactment of the law but objected to federal demands for 178 items of background information on welfare recipients and their families.

      Politics continued to infect preparations for the 2000 census that would help determine legislative reapportionment and state eligibility for federal aid. The Clinton administration pressed for the use of statistical sampling procedures to combat alleged undercounting of poor and minorities, whereas Republicans insisted on a "hard" or actual count. The administration at the year's end appealed to the U.S. Supreme Court a federal court decision that ruled sampling to be unconstitutional, and the GOP-controlled Congress guaranteed census funding only through mid-1999.

Finances.

      A humming national economy kept state treasuries in robust shape during 1998, with states projecting a record $34 billion total surplus at the year's end. Although many states spent part of their excess revenue on government programs and others stashed a portion away in "rainy day" funds, 35 states cut taxes by a record $6.8 billion during the year. The reductions amounted to 1.5% of the 1997 tax collections, but eight states—Colorado, Connecticut, Kansas, Maine, Massachusetts, Minnesota, Nebraska, and Ohio—reduced their taxes by 4% or more.

      Thirty states lowered personal income taxes. Corporate income rates were reduced in 25 states. Sales and use taxes dropped in 21 states, led by sales tax reductions of 0.5% in Nebraska and Maine. As states pursued a settlement with tobacco companies, cigarette and tobacco taxes remained unchanged by legislatures, although California voters approved a 50-cent-per-pack increase to fund early-childhood education and other antismoking programs. Wyoming was the only other state to approve a notable tax boost, a hike in the motor-fuel tax, to combat sluggish resource-based revenues and increased education-spending needs.

      Montana voters narrowly approved a state constitutional amendment requiring voter approval of any new or increased taxes, effectively taking taxing authority away from the state legislature. A New Mexico constitutional amendment gave the legislature power to limit property tax increases. Nebraska voters, however, by a two-to-one margin, rejected a proposal to cap state and local taxes; opponents said that the measure could hurt school funding.

Health and Welfare.

      Bulging state treasuries received even more good news on November 20 when states reached a sweeping $206 billion resolution of health claims against four tobacco manufacturers. The money was to be paid over 25 years for states to use as they saw fit, but most announced plans to use part of the proceeds on antismoking education programs. As part of the deal, cigarette makers agreed to impose severe limits on cigarette brand advertising and to initiate antismoking campaigns of their own.

      Earlier in the year Texas had announced a $15.3 billion tobacco settlement, and Minnesota settled a lawsuit with a more than $6 billion accord. The deals were technically repayment of state Medicaid costs to treat sick smokers. A more comprehensive $368.5 billion settlement with the federal government fell apart in June when antitobacco activists made additional claims, including denial of company immunity against private lawsuits and tax-increase demands that would have raised cigarette prices close to $5 per pack.

      Numerous courts ruled on state laws attempting to ban late-term abortions. By the year's end 19 states had approved such laws, but courts had blocked enforcement in 10 and the remainder were under legal challenge. The U.S. Supreme Court refused to settle the controversy in 1998, declining to hear an appeal from lower court judgments that an Ohio late-term abortion law was unconstitutional. Washington and Colorado voters turned down initiatives outlawing late-term abortions as "infanticide," but the same Colorado voters also approved a measure requiring parental notification and a 48-hour waiting period for minors seeking an abortion.

      States split on the question as to whether medical prescriptions for Viagra, a new drug improving potency in males, should be reimbursed with state Medicaid funds. Even after the federal government advised that such claims should be paid when based on medical necessity, a majority of states refused to comply. (See Sidebar. (Viagra: A Second Honeymoon? ))

Education.

      States continued to struggle with school-financing issues, including proposals to balance public-school funding between wealthy and poor districts. Even greater controversy swirled around voucher pilot programs and other plans challenging historic public-school funding.

      The U.S. Supreme Court rejected a lawsuit against Wisconsin's model school-voucher program. That left in place a 1998 Wisconsin Supreme Court ruling that taxpayer-paid vouchers to religious schools did not violate the Constitution's prohibition on government policies that promote religion. High courts in Arizona, Maine, Ohio, and Vermont were considering similar challenges to state pilot voucher programs at the year's end.

      Colorado voters turned down a school-choice referendum that would have provided up to $2,500 per pupil in state-tax credits for sending children to private schools, including those affiliated with a religion. President Clinton vetoed a congressional bill that would have provided $3,200 "opportunity scholarships" to private or parochial schools for 2,000 District of Columbia students.

      In a closely watched election with national implications, California voters abolished bilingual education in the state public-school system. Opponents noted that about 1.4 million of the state's 5.6 million students did not understand English well enough to keep up in school, but Proposition 227 mandated that the problem be addressed by more intensive instruction in English.

      Massachusetts, the 44th state to test new teacher applicants, made national headlines in April when only 41% of prospective teachers passed a basic accreditation exam. Repeat testing in July and October produced only slightly better pass rates of 53% and 55%. The testing was opposed by teachers unions, which were fighting a proposal by Gov. Paul Cellucci that current teachers be forced to take the tests as well.

Law and Justice.

      Statistics released during the year revealed that serious crime had dropped by 2% during 1997, the sixth consecutive annual decrease in reported crime. The totals included a 3% decrease in violent crime, including 7% reductions in murder and robbery, and a 2% decrease in the more numerous property crimes. Early figures for 1998 were sharply down again. Authorities again attributed the trend to an aging national population, tougher sentencing, increased prison capacity, and a crackdown on minor offenses.

      States executed 68 men and women during 1998, the vast majority by lethal injection, a reduction from the 74 recorded a year earlier. In one highly publicized case, Christian activists unsuccessfully appealed to Texas Gov. George W. Bush for clemency for Karla Faye Tucker, who had undergone a religious conversion following her conviction for two brutal murders in 1983.

      The pace of executions again failed to keep up with court imposition of death sentences. At the year's end, the Death Penalty Information Center counted 3,517 prisoners on death row in 37 state and federal prisons.

      In a clear trend voters in five western states—Alaska, Arizona, Nevada, Oregon, and Washington—approved initiatives allowing doctors to prescribe marijuana for patients with serious or terminal illnesses. Arizona's proposition permitted the legal use of other drugs, including LSD and heroin, if a physician prescribed them. Additionally, Oregon voters turned down a measure that would have required jail time for small-time marijuana users.

      States continued to combat drunken driving, approving new laws lowering the allowable blood-alcohol standard, setting up regular sobriety checkpoints, toughening penalties for violations, prohibiting open alcohol containers, and prohibiting drivers involved in alcohol-related accidents from filing certain insurance claims. South Carolina became the 50th state to set lower blood-alcohol levels for young drivers.

      The U.S. Supreme Court rejected a constitutional challenge to New Jersey's "Megan's law," which required authorities to notify residents when convicted sex offenders moved into their neighbourhoods. Louisiana and Tennessee voters approved crime victims' rights initiatives, including the right to be heard and the right to be notified when the accused left custody.

      Attempting to model legal action after tobacco litigation, the cities of New Orleans, Chicago, and Boston announced plans to sue 15 handgun manufacturers for obstructing regulations, ignoring safety measures, and foregoing safety warnings on their products. Wisconsin voters added a right to bear arms for security, defense, and hunting to the state constitution.

      Voters in Michigan, home state of Jack Kevorkian, soundly defeated a ballot initiative to legalize doctor-assisted suicide. A criminal statute banning the practice had been approved by the state legislature earlier in 1998. The action left Oregon as the only state with a "Death with Dignity" law allowing physicians to aid voluntary suicide.

Ethics.

      Maryland state Sen. Larry Young (Dem.) was expelled by his colleagues in January over allegations that he misused his position to collect fees from health care companies and a state college that were seeking good government relations. Michigan state Sen. Henry Stallings (Dem.) resigned just before the full Senate was about to vote on expelling him over charges that he used more than $5,000 in public funds to pay a staff member to run his Detroit art gallery.

      Former Arizona governor Fife Symington (Rep.) was sentenced to two and a half years in prison, five years of probation, and a fine of $60,000 after his conviction on charges that he lied to get millions in loans to save his failing real-estate empire. A leader in Maine's initiatives to cap state taxes, Carol Palesky, was sentenced to five years in prison for aggravated forgery. She was accused of having submitted altered documents and having forged names of dead persons to petitions.

      Former Louisiana governor Edwin Edwards (Dem.) was indicted with five others on November 6 on 28 felony counts, including racketeering conspiracy to extort millions from businesses seeking lucrative riverboat casino licenses. Two previous indictments of Edwards on other corruption charges had led to a hung jury and an acquittal. Edward diPrete, the Republican former governor of Rhode Island, was convicted and sent to prison late in the year for irregularities in the granting of state contracts.

      President Clinton agreed to pay a former state employee, Paula Jones, $850,000 to settle a long-running sexual-harassment lawsuit stemming from his tenure as Arkansas governor. In the settlement Clinton did not apologize or admit responsibility.

Prisons.

      Even while the nation's crime rate was in a sustained decline, both prison-construction expenditures and inmate populations continued to rise. State expenditures for penal buildings, however, rose 2.6%, well below the average increase of the past decade.

      Statistics released at midyear showed that the number of prisoners housed in state and federal facilities had grown by 5.2% over the previous 12 months to a record 1,244,544, including 1,131,581 state and 112,973 federal inmates. On a typical day an additional 567,079 men and women were being held in the nation's jails awaiting trial. The figures showed that the nation's prison population had grown by more than 60% since 1990, which caused 32 states to report inmate populations over 100% of prison capacity. Although women (6.4% of all prisoners) and older prisoners remained a distinct minority, their numbers grew faster than did those of other prisoners. More than 3 of every 100 adult black males were imprisoned on a given day, compared with 1.3 of every 100 Hispanic males and 0.37 of every 100 white males.

Gambling.

      After three years of relative inactivity, proponents of legalized games of chance scored several advances in 1998. Voters showed an increased tolerance for gaming outside traditional areas, particularly when added state revenue for high-priority programs such as education appeared to be at stake.

      California voters easily approved a measure requiring the governor to negotiate gaming compacts on Native American reservations. The initiative campaign attracted a record $100 million in funding, including a reported $25 million in opposition from Nevada gaming interests.

Environment.

      Citing pollution problems, opponents of major hog-farming operations gained support during 1998. South Dakota voters restricted corporations from buying or farming new land or otherwise investing in new farm or livestock production. The measure was aimed at stopping corporate hog farming. Colorado also enacted tight new regulations on hog farming.

      Oklahoma eliminated property taxes for pollution-control equipment. Montana voters approved a proposition banning the use of cyanide in open-pit mining for gold and silver. Bond issues to finance environmental projects were approved by voters in Arkansas, Maine, Michigan, and North Carolina.

Equal Rights.

      By nearly two to one, Washington voters approved an initiative banning race and gender preferences in local and state government programs. The measure tracked an identically worded initiative approved by California voters in 1996. The University of Washington immediately announced it would suspend its race-conscious admissions policies.

      In an early 1998 election, Maine voters by a 52-48 margin removed sexual orientation from the state's 1997 antidiscrimination law. Gay rights supporters attributed their defeat to low voter turnout and urged the state legislature to reenact the stricken law. Voters in Alaska and Hawaii overwhelmingly approved amendments to state constitutions banning homosexual marriages.

      Alabama voters decisively backed a state constitutional amendment to "prohibit the burdening of the free exercise of religion" by government. By a 62-38 margin, South Carolina voters removed a state constitutional clause banning interracial marriage.

Consumer Protection.

      California voters narrowly turned down an initiative prohibiting the use of union dues money for political purposes without direct permission from the union members. After ironing out differences with state interests, Congress approved the Internet Tax Freedom Act, effectively barring new or special state taxes on Internet commercial transactions. Proponents said fast-growing "electronic commerce" should not be saddled with any tax burden beyond levies on ordinary transactions.

      Washington became the first state to ban "spamming," the sending of unwanted E-mail advertisements over computers. The new law prohibited sending such messages from a computer in the state or to an E-mail address held by a Washington resident. Iowa and Connecticut became the first states to forbid banks to impose surcharges, or "convenience fees," on non-account holders who used the banks' automated teller machines.

      Attorneys general for 25 states reached an agreement with American Family Publishers in early 1998 over allegations that the firm used deceptive practices targeting the elderly in their magazine sales mailings. The states received a total of $1,250,000 and a promise that future mailings would no longer claim the recipient had won a nonexistent or valueless prize and would make it clear that buying magazines was not necessary.

DAVID C. BECKWITH

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