Pubdate: Wed, 06 Nov 2002 Source: Tampa Tribune (FL) Copyright: 2002, The Tribune Co. Contact: http://www.tampatrib.com/ Details: http://www.mapinc.org/media/446 Author: David Crary, The Associated Press STATES DECIDE ON DRUG, LOTTERY, LANGUAGE ISSUES In a rebuff to the drug-reform movement, Ohio voters on Tuesday defeated a proposal to force judges to order treatment instead of jail for many drug offenders. Massachusetts voters scrapped bilingual education in favor of an English-immersion program. In Tennessee, partial returns showed a proposed state lottery winning with roughly 60 percent support. Approval would leave Utah and Hawaii as the only states without legalized gambling. In all, there were 202 propositions on ballots in 40 states. The outcome on bilingual education in Massachusetts was a victory for California businessman Ron Unz, who funded the initiative and a similar question on Colorado's ballot. Under the proposal, students would be taught all classes in English, though a teacher could use a student's native language to help explain a complex theory. The Ohio drug-treatment measure was one of many that were placed on state ballots through citizen petition drives and were bitterly opposed by elected officials. These included proposals to legalize marijuana in Nevada, scrap the income tax in Massachusetts and split Los Angeles into three cities. Defeat of the Ohio measure was a setback for a national alliance of drug reformers, including billionaire New York financier George Soros. Voters approved treatment-instead-of-jail proposals in Arizona in 1996 and California two years ago. But in Ohio, Gov. Robert Taft and most of the criminal justice establishment campaigned vigorously against the proposal, and it was soundly defeated. The reform movement also helped get places on the ballot for the Nevada marijuana proposal and a similar measure that would decriminalize the possession of small amounts of marijuana in Arizona. The federal drug czar, John Walters, came to both states to denounce the measures. In South Dakota, politicians and judges campaigned against a daring proposal - backed by drug reformers, libertarians and others - that would allow defendants to tell juries they can disregard a law if they don't like it. Known as jury nullification, and forbidden in every state, the practice would let people accused of crimes argue that a law has no merit or should not apply to their situation. On the financial front, elected officials in Arkansas and Massachusetts warned of dire results if voters decided to eliminate major taxes. The Arkansas measure would abolish the sales tax on food and medicine, costing state and local governments more than $200 million in revenue. The initiative in Massachusetts, proposing repeal of the 5.3 percent state income tax, would dry up a $9 billion funding source that represents 40 percent of the state budget. Herman B. Leonard, a professor at Harvard's Kennedy School of Government, called it the state's most radical ballot initiative in 50 years, though the Legislature would have the option of defying it. Taxes in Oregon would climb if voters there approve the nation's first comprehensive health care plan, which would give every citizen full medical insurance. The plan - opposed by the insurance and health care industries - would cost an estimated $19 billion a year, to be financed by higher income taxes and a new payroll tax. - --- MAP posted-by: Larry Stevens