CHAPTER ONE STATE CONSTITUTIONS
The Council of State Governments 1 STATE CONSTITUTIONS AND CONSTIUTIONAL REVISION: 1986-87
By Albert L. Sturm and Janice C. May
GENERAL OVERVIEW: used procedure for initiating constitutional USE OF AUTHORIZED METHODS change, accounted for 88 percent of the 275 pro poeed changes submitted to the voters in State constitutional change proceeded at a 1986-87. The adoption rate of legislative pro modest pace in 1986-87. As table A indicates posals, which historically has been much 275 constitutional propositions were submitted higher than that of other methoda, reached the to the voters in 47 states; 204 were approved, highest rate of the decade 77.7 percent. including two adopted in Delaware by legisla As 'Th.ble 1.3 indicates, 17 states adopted the tive action only. These totals represent an in constitutional initiative, appropriate only for crease over the preceding biennium, but fall making limited constitutional change. During ahort ofthoae proposed or adopted during the 1986-87, the method accounted for 18 propos rmrt. half of the 1980& However, 88 18ble B ed constitutional amendments in nine states. shows, the number of statewide propositions Two other proposals, including one which proposed or adopted in 1986-87 was second on would have allowed capital punishment, "'''ere Iyto the 198().81 figures. Also. the approval rate removed from the ballot by t he Michigan for propositions in 1986-87 was the highest. Supreme Court. Five of the constitutional ini No new state constitutions were adopted or tiatives were adopted, for a modest approval became effective during the biennium, but rate of 27.7 percent, well below halfthatfor leg Rhode Island's 12th constitutional convention, islative submi.88ions. The number of constitu which was in aeseion throughout 1986, submit. tional initiatives proposed and adopted in the ted an editorial revi8ion without substantive nine states during the biennium were as change as wel18813 other ballot question! that followa: Arizona (1-0), Arkansas (3-1), Califor called for substantial revision. The "rewrite" nia (2.1), Colorado(l-O), Florida (2-1), Montana and seven of the other questions were approved. (2-1), North Dakota (1-0), Ohio(l-O)and Oregon Thbles 1.2, 1.8 and 1.4 summarize the pro (5-1l. cedures BSBOCiated with three methods used in 1986-87 to initiate constitutional change: pro Constitutions conventions posal by the state legislature, available in all states; the constitutional initiative, authoriz· The constitutional convention is the oldest, ed in 17 state constitutions; and the constitu best known, and most traditional method to tional convention, available in all statee (al revise extensively an old constitution or write though not expre88ly authorized in nine state a new one. Through 1987, more than 230 state constitutions). A fourth method to initiate and constitutional assemblies have convened. This submit propoeed constitutional changes to the method is usually initiated by the elate legis electorate, the constitutional commiseion (ex lature after the voters approve a convention pressly authorized only in the Florida constitu· call. An increasing number of state constitu- tion)was not used in 1986-87, nor in any of the bienniUlDllshown in Thble A. Albert L. Sturm was profell8Ol" emerltua, Center (or Public Adminiltration and Policy, Virginia Legisla tive proposal, constitutional Polytechnic Inltitute and State University, initiative Blacbburg. Virginia, and Janice C. May il 8IIIIOciate profeuor dGovernment, the Univerllity d'Thus at Legislative proposal, the most commonly Austin.
2 The Book of the States 1988-89 CONSTITUTIONS tions require asking voters periodica1ly ifa con bined by common category into 14 ballot ques stitutional convention should be called. As tions for submission to the electorate with the Thble 1.4 shows, 14 state coll8titutions contain result that IIO me ballot questions contained such a provision: eight states provide for sub more than one amendment. mission of the convention question to the voters At the referendum on Nov. 4, 1986, the voters every 20 years; one state, every 16 years; four approved eight of the 14 propositions. The states, every 10 years; and one, every nine following questions identified by their ballot years. During the biennium, mandatory peri titles were adopted: 1- Rewrite of the Present odic convention calls were placed on the ballot Constitution, 6- Ethics in Government, 7- in November 1986 in Connecticut and Hawaii. Budget Powers and Executive Succession, B Both were defeated, by a vote of207 ,704 for and Rights of the People, 9- Shore Use and En 379,812 against in Connecticut and 139,236 for vironmental Protection, lo. Felon Office Hold· and 173,977 against in Hawaii. ing and Voting, 11- Libraries and 12- Bail. Re Only one state constitutional convention was jected were 2- Judicial Selection and Discipline, operative during 1986-87 - Rhode Island's 3- Legislative Pay and Mileage, 4- Four-year 12th constitutional convention. As reported in Term and Recall, 5· Voter Initiative, 13· Home the last volume of The Book of the States, Rule and 14- Paramount Right to Life/Abortion. Rhode Island voters approved the convention Summaries in the last two volumes of Th e call on Nov. 6, 1984 by a vote of 155,337 to Book of the States contained brief accounts of 131,648. The enabling act, which was approv constitutional developments in the District of ed by the Rhode Island General Assembly on Columbia where a proposed Constitution of the June 19, 1985. provided for an unlimited con State of New Columbia, drafted by a constitu· stitutional convention with 100 delegates to be tional convention and approved by the voters elected on a non·partisan basis, one from each in 1982, was transmitted to the U.S Congress lower house district, on Nov. 5, 1985. The Rhode in the fall of 1983. On Sept. 12, 1983, D.C. lsland General Assembly appropriated. initial Delegate Walter C. Fauntroy introduced H.R. ly $50,000 and later added $335,965 to provide 3861, the New Columbia Admissions Act. on for convention expenses. Actual convention ex which hearings were held. In response to penditures totaled $333,622. Delegates served criticisms of the proposed constitution, revi· without compensation except for expenses. sions were proposed. Finally, on May 6, 1987 The convention convened at the State House the Council of the DistrictofColumbia approv in Providence on Jan. 6, 1986, and adjourned ed a revised document, which was transmitted Dec. 4, 1986, after having held 14 plenary ses to the Congress. Among the highlights of the sions. Principal officers elected by the conven document are the following: 11 sections instead tion were a president, Keven A. McKenna. of 18; a short lO-section Bill of Rights that t hree vice presidents, a secretary and a trea parallels the U.S Bill of Rights with the excep surer. The convention rules provided for nine tion that an equality clause has replaced the standing committees which handled 288 reso 10th Amendment; a unicameral legislature lutions for constitutionaJ change introduced by elected by a combination of single-member convention delegates. A total of 25 proposed districts and at-large elections; provision for amendments received at least 51 votes on sec amendment by legislative submission and ond passage, the minimum required to be plac voter approval; a relatively strong governor, no ed on the ballot. These 25 proposals were com- lieutenant governor, an attorney general, and
Tab ... A St.... Conatlludonal Cb..... by Meobod N...... rvl .... _11n'OI....t ...... Pe::::::r 1980 11182 111&1 11M 1980 11il82111&11_ 1980 11182 1-' liM 1980 IIl82 111&1 11M Meobod vl lnlUodon - 81 - 83 - 86 - 87 - 81 - 83 - 86 - 87 - 81 - 83 - 86 - 87 -" - 83 - 86 - 87 AII-"odo ~ ~ OM n. , 711.1 73.0 116.5" '4..3" .. ... ,~.. 1AP1";"~ .. " '" ...'" ...'", '" 73.2 75.5""""".7" ...... 2'7.8 20.0 41.1 27.7 c-JIUIIo ...1 nlliali.. '" .. '" '" ~., ConMltutlonool oo".. ntlon ", • , •, '" '" .. .. ,• • • . 80.0 &1.1 ConotJlullonool oo",m*!on "• " " " • • The Council of State Governments 3 CONST1TllTIONS 8E!Vet'8l coostitutional boards; a ~tiered court. The Utah Constitutional Revision Commi. 8yt1t.em with merit selection of judges and sion, a permanent body since 1977, is required 15-year terms; two fl8Cal articles (Budget and by statute to submit recommendations for con Financial Management, Boml"Ning) that to stitutional revision to the legislature at least gether constitute about one-third of the 53-page 60 days before each regular seuion. Action on charter; initiative, referendum, recall; and ad· the commiseion's recommendations through visory neighborhood commi88ions. Deleted 1987 included voter approval ofrevised articles were several articles on policy, among them on the executive branch, revenue and taxation, Land and the Environment, Public Services, the judicial branch, the legislative branch and Health, Housing and Social Services, and education. Proposed revisiona of the articles on Labor. H.R. 51, the D.C. statehood bill in the local government and public debt were submit lOOth Congress (1987-88), was reported out ted to the legislature in 1988. For more infor· favorably from committee, and House floor ac mation on the Utah and Mississippi commis· tion was anticipated in 1988. sions. see Thble 1.5. In Oregon, an unsuccesafui attempt was Constitutional commissions made in the legislature in 1987 to establish a constitutional revision commission. A propos Constitutional commissions generally serve ed joint resolution (H.J.R. 28) provided for a two mejor purposes: to study the constitution 17-member bipartiean commiyion to be ap and propose needed changes and to prepare for pointed by the president of the senate (six a constitutional convention. CommisaiODs in members), the speaker of the house (seven Missi88ippi and Utah were lheon1y ones opera· membel1l), the governor (two members), and the tive during the biennium. chief justice of the state Supreme Court (two As reported in the 188t volume of The Book members). The commission was to report on oftbe States. William A. Allain, of Mi88isaip proposals for revision of the Oregon constitu· pi, created the ao-..ernor'e Constitutional Study tion to the next legislative assembly. Although Commission in mid-November 1985. With sponsored by 25 representatives and 10 sena· more than 350 members widely representative tora, the resolution died. of the state's social, economic, political and pro In summary, during 1986-87, a total of 47 fessional structure, both official and unofficial, states took some official action to amend or this body drafted a proposed constitution. In revise their constitutions. All 47 states used the January 1987, Gov. Allain recommended to the method of legislative propoea1 to initiate one or legislature that it place on the ballot the ques more changes, nine states used the constitu· tion of calling a constitutional convention. The tional initiative and only one convened a con· Senate approved a bill providing for the referen stitutional convention. The three states that dum, but it failed in the House committee. took no action during this period were Minne By late 1987, two distinct. approaches tostate BOta. Pennsylvania and Thnnessee. constitutional revision in Mississippi had de veloped. Newly elected Gov. Ray Mabus, like SUBSTANTIVE CHANGES his preciecell8Or, strongly advocated calling a constitutional convention, preferably in 1988. With &Ome exceptions. state constitutional Under new leadel1lhip in the House ofRepre proposals during the 1986-87 biennium ac sentatives, prospects for succese of this ap complished relatively minor changes in state proach improved. The other proposal for sub and local government. The Rhode Island con· stantive revision came primarily from those stitutional convention's general revision pro who opposed a convention. On request of positions were, overall, the most substantial leadel1l of this group, the Miseiuippi Economic and the most comprehensive in scope. In four Council (the statewide Chamber of Commerce) states, the legislature submitted revisions of prepared a series of approximately 60 amend· entire articles - Utah and Kansas on educa ments to the existing constitution for introduc tion, North Dakota on the executive and Wi. tion in the legislature early in 1988. Although conAin on elections, but only the Utah and Wi. these amendments wouJd strengthen the gover consin revisions passed. nor'e authority to organize the executive 'Th.ble B offers an overview of the general sub branch, they are designed primarily to delete jed matter of state constitutional change by Surp!U88ge and outmoded provisions and to im· two-year periods during the 19808. All pro prove the language of the present document. posals are grouped into two major categories: 4 The Book of the States 1988-89 CONSTITUTIONS those of general statewide application, which co and West Virginia, amendments protecting are by far the most numerous and involved 47 the right to keep a nd bear arms were approv· states in 1986-87 and proposed local a mend ed. The New Mexico proposal prohibited local ments initiated by five states (Alabama, Dela governmental regulation of the right. A de ware. Louisiana, Maryland and Texss) during claration making English the official language the biennium. (Local amendments apply to was adopted in California; legislative authori· only one or a few local areas or politicalsubdivi. zation to reform tort law and to regulate the sions..) Ofthe 251 statewide proposals, 183 (ex drinking age was approved in Montana. An clusive of Delaware) or 73 percent were ratified equal rights amendment was defeated by Ver· by the electorate, a higher adoption Tate than mont voters, but the Rhode Island electorate the preceding six years. Of the 24 local amend· approved a provision prohibiting discrimina ments, 20 were adopted. The number of local tion on the grounds of gender, race or handicap. amendments decl ined au bstantially following On the same ballot the Rhode Island electorate their elimination under the new Georgia Con also a pproved free speech, due process and stitution of 1982. equal protection clauses and a statement that In Table B, statewide amendments are fur individuaJ rights protected by the Rhode Island ther classified under the principal subject mat. Constitution "stand independent of the Us. ter areas of state constitutions, identified for Constitution." In addition, voters ratified a conve nience by the titles of articles found in vir third ballot question t hat expanded environ· tually all state constitutions. Articles on the mental rights, primarily the rights of fishery legislature and on finance typically draw the and privileges of t he shore. most propositions. During the biennium, 49 Four proposals to state bills ofrighta concern legislative proposals and 45 finance and taxa ed criminal justice. fewer than during the last tion measures were recorded. The highest ap biennium. Three of the proposed changes, all proval rates were registered by the articles on ofwhich passed, authorized judges to deny bail suffrage and elections (90.9 percent), the for certain offenses. The lllinois bail amend judicial article (83.S percent) and the executive ment applies to persons accused of crimes that (82.6 percent). Aside from the general revision carry mandatory prison terms; the Mississip proposals(57 percent approval), the lowest rates pi law, to offenses punishable by imprisonment were received by finance and taxation (64.4 per for life or a maximum of20 years or more; and cent), local government (64.7 percent) and state the Rhode Island provision (one of the general and local debt (66.6 percent). revision questions), to offenses for the unlawful sale or distribution of controlled substances The Bill o( Rights, 8uffrage and ejections. punishable by 8 sentence of 10 or more years.. The fourth change guaranteed certain rights In four states, Delaware, Maine, New Mexi- to victims of crime, including restitution and Table 8 SU_ntI.... Chen,.,. 10 Stek CoBMitut1o""" VTo ...... end Adopled. 1880-11. 1181- 83. 1"'- 85, e nd 111111·81 .... p ...... TbW Adopted ~_IItq. Adopted ,... ,... ,... ,,.. 19640 1986 "., ,'" ,'" ,'" - 85 - 81 Subject Met"'" -" -" -" -" -" -" -" -" "-" ""-" ~l. '" ~ tewide IcablUty , , 66.9' 6 1 . I ·n .l~" ow ". .. .. '" " .. Bill afri i" ~ '" '" '" '">0 ' ,. , ,.. 16.8 100.0 17.1 8 1.8" Sutrl-ap ...od eleetioM • , ,. 100.0 100.0 90.9 Let\oleli.. bno.D The Council of State Gm.-ernments 5 CONSTITUTIONS the right to speak in court. Adopted by the A total of 24 of the 49 legislative proposals voters of Rhode Island, it was oneoftherights ooncerned legialative powers, organization, pro in 8 ballot question called, "Rights of the PeG cedure and membership. Of eight amendments pie." affecting legislative-executive relations, mea· Another Rhode Island proposal, one well sures rejected at the polls in Alaska and Michi· publicized, would have created a "paramount gan would have authorized the legislative veto right to life without regard to age, health, func of administrative rules and regulations. Also tion or condition of dependency:' 1t also express rejected was a Thxas proposal allowing the ly banned abortions and their public funding speaker to serve on executive committees and within the limits offederallaw. The proposition agencies. Measures that passed were a prohibi failed together with three other anti-abortion tion of the pocket veto in election years (Mis- measures in Arkansas, Massachusetts and 8Ouri), changes in impeachment (Nebraska and Oregon, all of which were concerned mainly Rhode Island), authorization to the legislature with funding of abortions. Ofinterest also was to give the governor removal power(Wyoming), the amendment adopted in Mississippi that and authorization for interim hearings on con· deleted an anti-miscegenation section of the firmation of gubernatorial appointments (New General Provisions Article. Mexico). All but one of the 11 proposals tocbange the Revisions of constitutional provisions on ap suffrage and elections articles passed includ portionment were approved in Idah~ Maine, ing three Wisconsin amendments that clean Oregon and Vermont. The Idaho amendment ed up the language of the elections article. In authorized changes in the size of the two houses Rhode Island, voters approved changes in the (30 to 35 senators and a House no larger than rights of felons and certain misdemeanants to twice the number of senators). The Vermont hold office and to vote. Under the provisions, proposition synchronized that state's appor· holding public office would be automatically tionment cycle with the 10-year federal census. restored upon completion of the entire sen· tence, including suspended portions, probation Only one proposition concerned legislative and parole. Another successful Rhode Island pay. An unsuccessful attempt was made in ballot question, Ethics in Government, propos. Rhode Island to increase the compensation of ed a voluntary system of public financing of state legislators from $5.00 a day for 60 days, political campaigns and a limit on private which had been set in 1900, to a pay scale based contributions. on the average weekly earnings of Rhode Island The only elections measure to fail was one of manufacturing workers. In Texas, voters reo two North Carolina propositions tochange elec· jected a proposal to allow legislators to serve in tions in that state. Moving the election of all offices where the compensation had been in· statewide officers to the fall of odd·numbered creased during their term, but they agreed to a change in rules governing captions. Missis· years W8E! killed, but a requirement for mid· term elections to fill certain vacancies was ap sippi voters rejected a change in conflict of in· proved. A Georgia amendment concerning pro terest provisions. cedures for suspending certain public officials Seven proposals involved legislative terms, upon their indictment also passed. qualifications and vacancies. Washington voters turned down six·year terms for senators The three branches of government and four year terms for representatives, while the Rhode Island electorate rejected a change Collectively, the proposals to change the leg· from two to four-year terms for legislatora and islative, executive and judicial articles con· other statewide elective offices as well as a stituted over one-third of the statewide proposi· recall procedure. Residence in the district as a tions, exclusive of the Rhode Island general qualification for House members was adopted revision. Relative to the other articles the leg· in Maine and in MissiSBippi. The Maryland islative article drew by far the most proposals, electorate approved a provision that requires as was true during the entire decade, but the persons filling a vacancy in either legislative adoption rate lagged behind as usual. Amend· chamber to be ofthe same political party, if any, ments to the judicial article erijoyed high ap of the replacro person. In Washington a provi· proval rates throughout the decade, but not un· sion on vacancies was defeated as was a Nebras til the current biennium did adoptions to the ka amendment that would have changed the executive article reach the 80 percent mark. date on which legislative terms begin and 6 The Book of the States 1988·89 CONSTITUTIONS when the legislature would convene in regular school superintendent with an appointed one. &ession. The creation of a state department of public Three propositions concerned the initiative educat.ion and a state board of education was Bnd referendum. The voters of Rhode Island adopted in New Mexico. In Florida, t.he voters turned down a convention ballot proposal that approved a statewide special prosecutor in the would have established the initiative and attorney general's office. A Rhode Island item referendum. Under a successful Oregon mea· in the approved Ethics in Government ballot sure the legislature was authorized to provide question required the legislature to establish by law for the settlement of certain disputes a nonpartisan ethics commission. over the proper number of signatures on peti In addition to the Colorado proposal revising tions. In Wyoming, a measure changing the the personnel system, several other proposi election base for the enactment or rejection of tions concerned civil service and personnel propositions was adopted. policies such as retirement. A California con The remaining proposa1s for change of the stitutional initiative that wouJd have substan legislative article were primarily concerned tially limited compensation of public officers with policy, and will be reviewed under fiscal and employees, including specification of the and other policy articles. annual salary of the governor and other con Few major changes were proposed in execu stitutional officers, wasdefeated at the polls. In tive articles during the biennium. A North Da New York, an amendment to allow certain rkota amendment that revised the entire arti aliens to earn civil service credits was adopted. cle was rejected at the polis 88 was a com Montana voters approved the abolition of a prehensive revision of the Colorado state per salary commission that set pay for public of sonnel system. The most numerous proposals ficers, whereas the Washington electorate ap concerned terms of and succession to executive proved such a body. Certain changes in the office; all but one passed. 'IWoofthese were Mis Michigan salary commission's authority ".'e re sissippi amendments that allowed the governor rejected. to serve an additional term and allowed the The proposed amendments to the article on state treasurer to succeed himself. New Mexi the judiciary dealt mainly wit.hjudicial selec co voters approved a measure limiting state ex tion, tenure and discipline;judicial powers; and ecutive offices to two consecutive four-year court organization. In Rhode Island, Ohio and terms beginning in 1991. Proposals for chang Connecticut. merit selection of judges or some ing t.he beginning of terms of certain officers component. thereof was proposed to t.he voters, passed in Louisiana and North Dakota, as did but only in Connecticut was it approved. The a clarification ofsuccession to the Rhode Island rejected Rhode Island mco.sure also had incor governorshiPl but the Rhode Island propoeal for porated a mandatory retirement age (72 years) four-year terms for statewide elective officers and abolished the state Supreme Court's ad failed. visory opinion function. In Washington, an The governor's power was trimmed in two amendment that established a commiasion on states. In Thxas an amendment passed that judicial conduct was adopted_ allowed the legislature to limit the appoint In Hawaii, the voters ratified an amendment ment power of lame duck governors, and in that gives t.he Supreme Court authority to ap Oklahoma the electorate approved. a proposi point retired judges to serve temporarily on cer tion that removed power from the governor and tain courts. In Louisiana, t.he voters turned ot.her members of the Board of Pardons and down one proposal to allow the high court Paroles to grant paroles to convicts sentenced power to appoint temporary judges in certain to death or to life without parole. Editorial revi· courts but approved a similar amendment on sion of the provision on the Idaho Board of Par the second try. A measure adopted in Virginia dons and Paroles was approved. authorizes the Supreme Court to answer ques An attempt to take away the power of the tions of Virginia law certified to it by federal lieutenant governor to preside over the senate courts and courts of other states. was defeated in South Dakota. In Utah. the Amendments authorizing t.he right of the office of superintendent of public instruction state to appeal in criminal cases were adopted was abolished; in Oklahoma, all mention of the in Thxas, where a flat ban on t.he right of appeal chief mine inspector was deleted from the con had been in force for more than 100 years, a nd stitution, but in Kentucky, the voters rejected in Virginia where a provision concerned only t.he proposition to replace the elective public appeals from preliminary rulings of circuit The Council of State Government.s 7 CONSTITUTIONS courts. Among other proposals that passed general ticket d each county. 'Thxas voters turn were increase in the civiljuriadiction ofmuni ed down an amendment that would have allow cipal courts in Arkansas., legislative authori ed counties to perform unpaid work for other ty to make uniform terms of office of all government&. magistratea in South Carolina, state funding During the (tnt six years of the 198Os, pro of clerka of courts in Maryland, and denial of posed changes in the fiscal articles were rela compensation to ajudge SWlpended from office tively numerous and outnumbered thoee sub after initial conviction in Georgia. A meaaure mitted to the other articles. This pattern did making compensation increases uniform by not hold during 1986-87. Not only was the categoriee of judges failed in Wyoming. finance and taxation article second to the leg· islative article, but the numberofpropoeitions Local government. finance submitted was the lowest of the de<:ade al· though cloee to the 1982-83 figure. The fact During the biennium, approximately two there were fewer propositions may suggest less thirds ofproposed changes to the local govern popular enthusiasm for a battery of highly ment articles were appl"O'Ved. The Rhode Island restrictive measures. And, in fact., the voten ~ constitutional convention submitted a corn jected major tax and expenditures limitations preheneive home rule baUot proposal that was during the biennium, while approving a rela rejected at the polls. It provided for expsIlflion tively large number of bond proposals for such oflegisiative powers, including taxing pewer of purposes as supporting public education and citiee and counties with charter'S, local in promoting economic development. itiative procedures. the requirement that local A highlight of tbe biennium was the defeat votertl approve new or increased local tax ex· of three major tax limitation measure&, all of emptions, and a requirement that the state which were conatitutionaJ initiatives. Montana reimbUJ"lle municipalities for state..mandated voters rejected a proposal to abolish the proper expenditures. The largest category oflocal ar ty tax, to make the wes tax contingent upon ticle changes concerned tenns and tenure of voter approval by initiative or referendum, and local officera, but only three of seven amend to require voter approval ci any new or increase menta were adopted: four-year termB for in taxes. The Colorado electorate turned down sheriffs in two Delaware counties (a local a proposition that required any new or increase amendment), four-year termB for Idaho cor in state or local taxes to be approved at a bien· oners and additional successive terms for Ken nial election, And Oregonians refused to adopt tucky mayors. The four pJ'OfXl88ls that failed all a property tax change that would have replac. concerned county offices: a limit of four con ed existing limitations with maximum proper· secutive terms for all county ofI'icea(New Mexi ty tax rates. 'NOuld have limited 9.lI8e1l8ed pro co). four-year terms for county elective offices perty value increases and v.oould have allowed and justices of the peace CArkansaa). repeal of new or increaaed rate. only on approval cia ma the limit on sheriff eucceeeion (Wef!t Virginia) jority of the people voting on the iaeue at two and five year terms for sheriffs (New Jersey). annual election&. The only tax that wu Colorado voters refused to approve an amend abolished during the biennium was the Okla ment that authorized boardsmcounty commis homa poll tax. Oregon voters approved a sioners to set compensation for county officers, measure to remove retirement income (social and Missouri voters approved an amendment security and railroad pensions) from the 0re to keep county officials' compensation from gon income tax. On the other hand, adding new exceeding limits set by the legislature or other or increasing existing taxes met with mixed proper authority. Among other amendmenta results. Oklahoma voters approved two new tax that passed were a 'Iexa.s measure that allow amendments. one authorizing county voters to ed the legislature to set municipal liability levy a tax for solid waste managementaervicee limits by defining proprietary and govern· and another authorizing a state tax on certain mental functions., a California propoeition that federal property. AI~ Washington voters ap all counties have an officed elective district at proved additional taxes for ecbool construction torney, a Colorado proposal that eliminated a and, in Thus. property taxes were allowed for requirement that francbiaes in home rule cities special districta providing emergency services. must receive majority approval, and a Mary But the perennial quest in Oregon for a state land proposition that repealed the requirement sales tax was rejected again. Louisiana voters that county commissioners be elected on the rejected an increase in the car license tax and 8 The Book of the States 1988-89 CONSTITUTIONS additional levee district taxes; the West. Virgin stat.e-county prisons and one in Ohio to build ia electorate voted down a 1 percent sales tax schools. for state highways and bridges; and in 'Texas a Among other approved fiscal propositions property tax increase for rural fire prevention were a California amendment to transfer all districts failed. proceeds from the motor fuels tax to local gov A few measures granting reJieffrom existing ernments, a Kansas proposition establishing a state and local tax limitations were adopted. In classified property tax system, and a Mississip California, four measures passed. One author pi measure revising property tax assessment ized a waiver for municipaJities(for the purpose ratios and authorizing legislative limitation of of retiring general obligation bonds) of the 1 taxation of nuclear power plants. percent property tax rate increase limitation. The other California measures liberalized State functions, eonstitutionaJ revision, assessment values for certain properties. A m.isceUan eQ us Washington measure authorizing relief from 8 1 percent limit failed, however. Most contemporary state constitutions con With respect to spending policies. Alaska tain separate articles on major policy or func voters decided to retain a limit on state ap tional areas, primarily education, corporations, propriations first imposed in 1982, but in Ari· health and welfare, and conservation. Policy zona the voters approved an increase in school provisions are also incorporated in the legisla· district spending limits although rejecting tive and several other articles. This means that another measure to allow two year adjustments amendments to change policy articles do not to spending limits. Several new funds were represent all the policy proposals in any given created, among them the Louisiana Wildlife biennium. and Fisheries Conservation Fund, the Georgia The total number of propositions concerning Children's Trust Fund, and a trust fund for policy articles during 1986-87 was almost dou education in Mississippi. Another eleetorally ble that of the past biennium but comparable successful Louisiana amendment authorized to the 1982-83 period. Of the 29 proposa.ls, v..'CU funds to finance quality education and aca over half(19)concerned education and most of demic research. Measures to set up funds to the remainder pertained to corporations (18). finance economic development were passed in The large number of education amendments is Thxas and Wyoming. although Thxas voters re refl ective of growing concern about state re jected n related proposal to provide state financ sponsibility to improve public education. The ing of new Thxas products and businesses. fact that 79 percent (15) were approved is an in dication of public support for these efforts. In As usual, many amendments proposed ex· this regard, highly significant proposals were emptions from the property tax. During the adopted in Mississippi and West Virginia. In biennium six passed and six failed. Among Mississippi, the constitution was changed to re those adopted was a Kansas measure that. per quire that the legislature provide for the sup mitted the exemption to promote economic portoffree public schools and to set up a trust development. fund for education. In West Virginia, state Another fiscal highlight of the biennium was funding of a minimum foundation program was the willingness of voters to approve new bond adopted. In two other states, revised education and spending proposals many of which were articles were submitted to the voters. The Utah designed to improve the state and local in proposal, a substantive revision, was adopted, frastructure and to promote economic develop· but the editorial changes to the Kansas doc u· ment. Of 14 proposals in nine states to issue ment were rejected. bonds, nine passed in six states. Among those Other important provisions concerned state approved were proposals in Thxas to authorize aid to private schools. A South Dakota proposal bonds for the federal Supercollider project if authorizing the loan of stat.e-owned non· won by the state, for state corrections, mental sectarian textbooks was adopted, but the Mas hospital facilities and for water development; sachusetts amendment to allow state and local North Carolina proposals authorizing revenue governments to "extend aid to non public schools bonds for education and local development of and non public studenl.8 within the limits of the seaport and airports; and an Ohio proposition U.S Constitution" failed. lndiana voters re to finance local infrastructure. Among those jected a related proposition that gave per that failed were an Oregon measure to finance missive authority to use the common school The Council of State Governments 9 fund for any purpose. regulations prohibiting employment ofwomen Eight proposals, of which six were adopted, and girls in underground mines. which passed; were amendments to articles on corporations. and changes in wills in Missi8flippi and com· Mississippi measures, with a purpose to delete munity property in Texas, both ofwhich passed. outmoded provisions, accounted for four of these. A similar purpose was served by an Okla· STATE CONSTITUTIONAL SOURCES homa amendment that relieved railroads of the AND RESOURCES requirement to charge no more than 2 cents a mile for fll'St class passengers. Both the Missm. Literature on state constitutions continued sippi and Oklahoma amendments found favor to grow during the biennium, encouraged in with the voters. In Arizona, an amendment part by the bicentennial celebration of the that authorized the corporation commission to drafting of the U.s. Constitution. Two collec· reduce regulation ofsome telecommunication tions of papers were an outgrowth of a national services and to assure available and affordable conference, "State Constitutional Law in the telephone service statewide was rejected. Third Century of American Federalism: New The remaining proposals were an electoral· Developments and Possibilities," held in Iy unsuccessful tort reform amendment to the Philadelphia March 15·17, 1987. Sponsored by Arizona Constitution and an amendment the Center for the Study of Federalism at 'Tern· which was adopted to the conservation article pie University in cooperation with the Ameri· of the New York Constitution permitting can Bar Association, the Philadelphia Bar changes in ski trails in the "forever wild" Association and the u.s. Commi88ion on Inter· section. governmental Relations, and 8UPPOrted. by the Articles on amendment and revision in state National Endowment of the Humanities, it constitutions have never attracted many pro drew more than 100 judges, attorneys, law pro posals, but the 1986·87 biennium was the first fessors, public officials, eociru scientists and of the decade in which none was submitted to other scholars and citizens. Conference papers the voters. Proposals for change in articles en· as well as other articles were published in The titled Miscellaneous or, in some states, General Annals of the American Academy of Fblitical Provisions were at an all·time high for the and Social Sciences, 496 (March 1988) under decade. Inasmuch as 12 of the 22 measures the title "State Constitutions in a Federal Sys. dealt with social and moral issues, such as lot tem." John Kincaid was special editor of the teries and casino gambling, the increase was issue. Conference papers in condensed form probably the result of increased popular con· also appeared in Intergovernmental Perspec. cern about such matters and ruse of the desire tive, 13, 2 (Spring 1987), a publication of the to raise nooded revenues without raising taxes. u.s. Advisory Commission on Intergovern. Adding two propositions in other articles to mental Relations. the four in the miscellaneous article, six pro An entire issue of Publius, The Journal of positions concerned lotteries. New state lot Federalism, 17, 1 (Winter 1987), edited by G. teries were authorized in Florida, Kansas, Alan 'Thrr and Mary Cornelia Porter, was South Dakota and Wisconsin, but rejected in devoted to state constitutions. Entitled "New North Dakota. The Ohio proposal earmarked Developments in State Constitutional Law:' it proceeds from the lottery for education. An 0re consisted of nine articles written by law pro gon proposal to legalize raffies for charitable fessors and political scientists. The National groups passed, casino gambling on a local op Law Journal, Sept. 29,1986, published a new tion basis failed in Florida, but pari·mutuel bibliography on state constitutions in a special betting proposals passed in Kansas and Wis section compiled by Ronald K.L. Collins and consin. In Missouri, voters approved horse rac Peter J. Galie. ing by local option. Kansas voters approved sale Constitutional revision developments in Mis of liquor by the drink, and Oklahomans sissippi generated new publications in that adopted a measure requiring winemakers to state during the biennium. The Policy Research . sell to all licensed wholesale distributors in the Center ofilie University of Mississippi releas· state. Proposalson abortions and on miscegena. ed a 219 page volume in 1986 entitled, A Con· tion have already been reviewed. The remain· tempor8l")' Analysis ofMississippi 's Constitu· ing propositions were truly miscellaneous, tional Government: Pl'OceecUngs of a Forum including two on salary commissions, already May 2-3, 1986. Dana B. Brammer and John reviewed; an Oklahoma provision deleting Winkle ill served as editors. " Symposium on 10 The Book of the States 1988-89 CONSTITUTIONS Constitution Revision in Mississippi," con gress, probably the most extensive collections sisting of five articles, appeared in the of fugitive and published materials on state Mississippi Law Journal, 56, 1 (April 1986)_ constitutions are those of the National Civic Other publications were underway but not League and the Council of State Governments. released during the biennium. 'Ib continue Sources of periodic reviews and updates of with its bibliographical collection of state con· state constitutional developments include the stitutional materials for the years 1959 biennial summary of official activities in The through 1978, the Congressional Information Book of the States. The 1982·83 volume Service plans to publish in 1989, a new featured a 5O-year review of state constitutional microfiche collection covering the period from history and bibliography. Since 1982, Ronald 1979 through Dec. 31, 1988. The new .....ork will K.L. Collins has authored artic1eson state con include official proceedings, debates and stitutionallaw that have appeared periodical reports of state constitutional conventions and ly in The National Law Journal. From 1970 commissions, the most current versions of con· through 1985, Albert L.Sturm contributed an stitutions as well as publications relating to the annual survey of state constitutional develop amendment process in all 50 states. A second ments to the National Civic Review. major enterprise in progress is a constitutional history and a provision-by-provision analysis of Selected References each of the constitutions of the 50 states. En titled State Constitutions of the American Bamberger, Phylis Skloot, ed. Recent Develop States, the first volume, which will be publish ments in State Constitutional Law. New ed by the Greenwood Press, is expected in 1989. York, NY.: Practising Law Institute, 1985. G. Alan 18rr is the editor of the series. Brammer, Dana B. and John Winkle III, eds. The selected list of references at the end of A Contemporary Analysis of Mississippi's this summary analysis includes several works Constitutional Government: Proceedings of of particular significance: Sources and Docu a Forum May 2-3, 1986. Oxford, Miss.: The ments of United States Constitutions (edited Public Policy Research Center, University of and annotated by William J. Swindler with Mississippi, October 1986. Donald Musch), designed to integrate national Brown, Cynthia E., compo State Constitutional and state constitutional documents into a re Conventions: From Independence to the ference collection on American constitutional Completion of the Present Union, A Bibli developments; Model State Constitution, first ography. Westport, Conn.: Greenwood Press, published in 1923 by the National Municipal 1973. League and since revised six times; and Index Clem, Alan L., ed. Contemporary Approaches Digest ofStat e Constitutions prepared by the to State Con stitutional Revision . Ver Legislative Drafting Research Fund at Colum million, S.D.: Governmental Research bia University. The selected list necessarily ex Bureau, University of South Dakota, 1970. cludes many specific items on constitutional Collins, Ronald K.L., compo and ed. " Bills and reform efforts in particular states and numer Declarations of Rights Digeat." The ous special studies.. Students, planners and par American Bench, JudgesoftheNation. 3rd ticipants in constitutional revision should con ed. Minneapolis, Minn.: Reginald Bishop sult the official documents and the special Forste r and Associates, Inc., 1985, studies prepared for constitutional-making in 2483-2655. given states, as well as publications of The Constitutions of the United States: National Council of State Governments, the U.s. Ad and State. 2nd ed. 2 vols. Dobbs Ferry, N.Y.: visory Commission on Intergovernmental Rela· Oceana Publications, 1974. Loose leaf. Up tions, the National Civic League and the dated periodically. League of Women Voters. Particularly useful Cornwell, Elmer E., Jr., et at. Constitutional are the complete, annotated and comparative Conventions: The Politics ofRevision . New analyses of the Illinois and Texas constitutions York, N.Y.: National Municipal League, prepared for the delegates to the constitutional 1974. (In second series of the National conventions in those states. In addition, a vast Municipal League's State Constitution quantity of ephemeral material is stored in the Studies.) archives and libraries of states where major Dishman, Robert B., State Constitutions: Th e constitutional reform efforts have occurred. Shape ofth e Document. Rev. ed. New York, Excepting the holdings of the Library of Con· N.Y.: National Municipal League, 1968. (In The Council of State Governments 11 CONSTITUTIONS first eeries of the National Municipal Publications, 1980. Prepared by t he League's State Constitution Studies.) Legislative Drafting Research Fund, Col Edwards, William A" ed.Index Digest ofState umbia University. The fu-st two in the series Constitutions. 2nd ed. Dobbs Ferry, NY.: are: Fundamental Liberties and Rights: A Oceana Publications, 1959. Prepared by the Fifty-State Index (1980), and Laws, Legislative Drafting Research Fund, Col Legislatures and Legislative Procedures: A umbia University. Fi/ly.$tate Index (1982). Elazar, Daniel J., ed. Series of articles on Schrag. Philip G. Behind the Scenes: The American state constitutions and the con· Politics of a Constitutional Convention. stitutions cL selected foreign states. Publius: W88hington, D.C.: Georgetown University The Journal of Federalism 12, 2 (Winter Press., 1985. 1982): entire issue. Southwick, Leslie H. "State Constitutions] Grad, Frank P.. The State Constitution: Its Revision: Mississippi and the South." The Ji'unctjon and Fbrm for Our Time. New York, Mississippi Lawyer 32, 3 (November - N.Y.: National Municipal League, 1968. December 1985): 21-25. Reprinted from Virginia Law Review 64, 5 (June 1968), (In first eerieeofthe National State Constitutional Convention Studies. 11 Municipal League's State Constitution vola. New York, N.¥.: National Municipal Studies.) League, 1969-1978. Graves, W. Brooke. "State Constitutional Law: State Constitution Studies. 10 vola. in two A Twenty.five Year Summary:' WjJJiam and aeriea. New York, N.Y.: National Municipal Mary Law Review 8,1 (Fall 1966): 1-48. League, 1960-1965. _--,...... ,_" ed. MtUor Problems in State Con· State Constitutional Conventions, Commis stitutional Revision. Chicago: Public Ad· sions, and Amendments" 1959-1978: An An ministration Service, 1960. notated Biblio{fT8phy. 2 vola. W88hington, Kincaid, John, special ed. "State Constitutions D.C.: Congressional Information Service, in a Federal System?' The Annals of the 1981. This bibliography incorporates the Amen'can Acadenu' ofPolitical and Social contents of the following two supplements Sciences 496 (March 1988): entire issue. to the Browne bibliography: Leach, Richard H., ed. Compacts ofAntiquity: Yarger, Susan Rice, romp. State Con State Constitutions. Atlanta, Ga.: Southern stitutional Conventio~ 1959-1976: A Newspaper Publishers Association Founda Bibliography. Westport, Conn.: tion, 1969. Greenwood PreS&, 1976. May, Janice C. "Constitutional Amendment Canning, Bonnie, comp. State Con and Revision Revi.IIited." Publius: The Jour stitutional Conventions, &visions, nal of Federalism 17, 1 (Winter 1987): and Amendments, 1959-1976: A 153-179. Bibliography. Westport, Conn.: _.,-_ _ . '''fexas Constitutional Revision: Greenwood Press, 1977. Lessons and Lamenta." National Civic Review 66, 2 (February 1977): 64-69. State Constitutional Conventions, Commis sions, and Amendments on Microfiche. 4 pta. --;;--7"' The Thxas Contltitutional Revision (Microform]. Westport, Conn.: Greenwood Experience in the Seventies. Austin, TX.: Sterling Swift. Publishing Company, 1975. Press., 1972-1976; Washington, D.C.: Con gressional Information Service, 1977-1981. McGraw, Bradley D., ed. Developments in State Constitutional Law, The Williamsburg Con Sturm, Albert. L.• A BibliO({ritpJJ.y on State Con ference. St. Paul, Minn.: West Publishing stitutions and Constitutional &Vision, Co., 1985. 1945-1975. Englewood, Colo.: The Citizens Model State Constitution. 6th ed. New York. Conference on State Legislatures, August NY.: National Municipal League, 1963. 1976. Revised 1968. _-"""""-" Annual summary analyses ofstate Pi&ciotte, Joseph P., ed. Studies in fllinois Con constitutional developments. Published in stitution Making. 10 vola. Urbana, Ill.: the January or February issues of the Na University of lliinois Press., 1972-1980. tional Civic Review 1970-1985. Sachs. Barbara Faith, ed. Index to Constitu _=-,--.,,- "The Development of American tions of the United States: National and State Constitutiol18." Publius: TheJournaJ State. London, Rome and New York: Oceana of Federalism 12,2 (Winter 1982): 67-98. 12 The Book of the States 1988-89 CONSTITUTIONS _--;-;-;-,--_. Thirty Years ofState Constitution "Symposium: The Emergence of State Con Making, 1938- 1968. New York, NY.: Na· stitutional Law." 'Thxas Law Review 63, 6 tional Municipal League. 1970. and 7 (MarchiAprilI985): 959-1375. Swindler, William J., ed. Sources ofDocuments Tarr, G. Alan and Mary Cornelia Porter, 008. of United States Constitutions. 10 vols. "New Developments in State Constitutional Dobbs Ferry, NY.: Oceana Publications, Inc. Law." Publius: The Journal of Federalism 1973-1979. 17 , 1 (Winter 1987): entire issue. --;::::;-:c-;;- ed. (vol. 1), with Donald Musch Wheeler, John P, Jr. The Constitutional Con· (vola 2-4). Sources and Documents of U.S vention: A Manual on Its Planning, Organi· Constitutions, Second Series: 1492-1800. 4 zation and Operation . New York, NY.: Na· vols. Dobbs Ferry, N.Y.: Oceana Publications. tional Municipal League, 1961. Inc. 1982·1986. _-:-'-'-' ed. Salient Issues ofConstitutional "Symposium on Constitutional Revision in Revision. New York, N.Y.: National Mississippi; ' Mississippi Law Journal, 56, Municipal League, 1961. 1 (April 1986): 1-163. The Council of State Governments 13 CONSTITUTIONS Table 1.1 GENERAL INFORMATION ON STATE CONSTITUTIONS (As or December 31, 1981) asl_1td NwmIH< 0/ £J!«I/wlh" It~,,~ 01..-' , ...",brr /Z. /.lou. 0/ .JoptitM COftUiI~'1o 14 The Book of the States 1988-89 CONSTITUTIONS GENERAL INFORMATION ON STATE CONSTITUTIONS-Continued •n.. ron>eitucioru rrlOfTed (0 in ,hi. (able indlldt.""," CIvil Wa, fJ) Th< oonnicu,iQn of 17$4 ...... 'moi ••ly rnUed in 1m. Fi,ur .. doaI ...... """omariIJ llit«l by ,lit iDCli.id .. lI ...... show propaak and odopCioM sin« ,lit """",icud",, ..... odopC The Council of State Governments 15 CONSTITUTIONS Table 1.2 CONSTITUTIONAL AMENDM ENT PROCEDURE: BY THE LEGISLATURE Constitutional Provisions ~;g" b¥l_ 1' 16 The Book ortbe States 1988-89 CONSTITUTIONS CONSTITUTIONAL AMENDMENT PROCEDURE: BY THE LEGISLATURE Continued (I) In all Rot .. "'" OIhcfwi .. IIOI«I. lbe fi,u •• lIIown in I"," column people bef..... be Hurd ...... a1 .lection 'Mr•• n .... •• r... to ,II< proponlon of .lectod _t> The Council of State Governments 17 CONSTITUTIONS Tlbk 1.3 CONSTITtrTlONAL AMENDMENT PROCEDURE: BV INITIAT IVE .,. Coastit .. tioul ProvisiOIUl A"-...... M~JWII ' ''' __ 10.. or ¥QIItn for __ 01 .... doc:tlDoI. -~_. ... .-..d. "",1_ ...... -. c.IIf...... 01 ,.OUI WIIaI f... cudidaI.. (01 __ .. 1M N...... ,._ ...... total ...... -MIjoricJ. _ .. --. c-...... , .. of for ...... tidal.. for -..,. M.;oriI, YOlo OIl ommd· _, .1ddI_ be ~ ...... of '0Ia! AllOII CUI "" MInIp• .••...... M.t,ioriIy YOI< OIl amawI· . ... oIlqa1 ...un rOf .. cuclidMa for __ 01 lui - MJoMo.1 •••••••••••• n.. ... _bt • ..t...... 0111) of 1M ~ -IioaaI. dblrktl I. c1•• M_...... n... 10'J0 \0 bodudo: III ~YOI ~_OII- __• ou.- ...... 15 .. oIlqa1 ...un for .... oftla: """'"""c ~ _ bel' of _on .. Ilol ...... e ...... ~ oil ~ for __ .. \aM; - ...... of .01" ""'" 'Of M.ptry YOU OII-..d· ekaloa It which ...... tI«:Iod for r_·,..., ' 18 The Book of the States 1988·89 CONSTITUTIONS Table 1.4 PROCEDURES FOR CA LLING CONSTITUTIONAL CONV ENTIONS Constitutional Provisions LqiJI./I". W>f. for ~i< ."bmWiolt ~1",W1" ",,/uimi $lQ/. or Pro./Jimr for ... bmUJi<»l of ...... I04lll,hlJ'iv of NI#I"""ID~ ~''''or ITIliJkgtl"" II"" of os"" jwWi<,,,,,, COII~"'i",, "toll"'" qun,IM(Q) """ ...../;O~ q""''''''"''I''imi(bj """~nl"'" Pf'OPOS"/s AI.b...... Majority Not ,pedfotd AI...... No p The Council of State Governments 19 CONSTITUTIONS PROCEDURES FOR CALLING CONSTITUTIONAL CONVENTIONS-ConUnu'" 20 The Book of the States 1988·89 CONSTITUTIONS o~ ~ >z ~ou~. .. --:;!-'" iz~ ~oe.: ~z 8 if• The Council of State Governments 21