Driver’s License Bill Clears Legislature but Faces Veto

Rushing to end their 2004 session, lawmakers defiantly ignored Gov. Arnold Schwarzenegger’s objections Friday and voted to give driver’s licenses to illegal immigrants who pass a criminal background check.

The California Senate narrowly passed the measure, 21 to 14, and the Assembly followed, 42 to 35. The bill now goes to the governor, whose aides said Friday night he would veto it despite new provisions that Democrats promised would prevent criminals and potential terrorists from misusing the documents.

“This bill meets every expectation, every concern that the governor raised,” said Sen. Gil Cedillo (D-Los Angeles), the measure’s author. “We’ve met it, and we expect that he’s going to be honorable and honor his word.”

The passage came a year after Democratic lawmakers enacted a similar law -- only to repeal it after Schwarzenegger spoke against the law during the campaign to recall former Gov. Gray Davis. Despite changes, the bill still does not satisfy the governor.

During Friday’s impassioned debate, which echoed last year’s fight, Republicans said the issue had been resurrected as a partisan whack at Schwarzenegger. “This is just a take-it-or-leave-it to the governor and you are going to say he broke his word,” said Assemblyman Ray Haynes (R-Murrieta).

Schwarzenegger and Democrats had spent the entire session talking about a palatable compromise on the politically charged topic. But negotiations proved fruitless as the two sides could not agree on whether there should be a visible symbol on licenses identifying the holder as a noncitizen.

“The only option is to have a distinguishing characteristic to make sure a license can’t be used as identification but can be used as a document to drive,” said Margita Thompson, the governor’s press secretary. “And therefore the governor can’t support this legislation, because national security is of paramount concern.”

As they sought to wrap up the year’s business, rushing through hundreds of bills -- including a plan Schwarzenegger opposes that would allow electricity companies to build more power plants -- lawmakers briefly put aside partisan differences to commemorate retiring colleagues, who included the last class of senators who preceded the era of term limits.

Schwarzenegger showed up in the Senate chamber -- something governors almost never do -- to honor retiring lawmakers.

“My father-in-law says to me always, being a public servant is the greatest profession you can have,” Schwarzenegger told them, referring to Sargent Shriver. “He’s right. I have learned that in the last nine months I have been here in office. I think about all the work you have done over the years; it’s extraordinary.”

Schwarzenegger singled out the chief Democratic negotiator, Senate President Pro Tem John Burton (D-San Francisco), by saying: “He treated me with such kindness, and also explained to me how things worked. So he was kind of like a teacher and also like an adversary in some cases too.”

Schwarzenegger gave Burton a jacket and a film script titled “Into the Bleeping Sunset,” an allusion to the Senate leader’s frequent interjections of off-color language. “Gotta love him,” Burton said as Schwarzenegger left the room.

But the bipartisan warmth quickly dissipated when the driver’s license bill came up a few hours later, providing a divisive conclusion to Schwarzenegger’s first legislative session.

Friday’s vote represented the latest turn in an issue that tapped into the consuming California topic of illegal immigration. After twice vetoing such measures, then-Gov. Davis last year agreed to extend driving privileges to illegal immigrants.

Schwarzenegger seized on the issue during the recall campaign, and after his victory the Legislature reluctantly agreed to repeal the law in December rather than risk having it voided by a ballot initiative.

Schwarzenegger said then that he looked “forward to working” with lawmakers “in January during the regular legislative session to find a sensible solution to this issue,” one “that’s tied to background checks and all that.”

In May, Cedillo offered a proposal that contained the key elements of the plan the Legislature approved Friday.

Unlike last year’s law, the revised measure would require illegal immigrants to pay the cost of fingerprint background checks and the license, totaling $141.

Cedillo also included a number of efforts intended to be conciliatory toward critics who said having licenses would make undocumented immigrants think they could serve on juries, vote or buy a gun: The bill would ensure that the names of illegal immigrants not be sent to court clerks for jury pools, and would provide all licensees with a form underscoring the prohibitions.

Schwarzenegger’s alternative of a special mark on the licenses was rebuffed by Latino lawmakers, who said it would encourage discrimination and mistreatment, and was akin to the yellow stars the Nazis made Jews wear.

“The governor made a commitment that he would work in good faith this year,” said Assemblyman Marco Firebaugh (D-Los Angeles). “We have responded to all the governor’s legitimate concerns. We’ve done our work.”

Latino activists had tried to drum up support throughout the state with regular rallies, including one Thursday on the steps of Los Angeles City Hall.

“The driver’s license bill is one of those things you do because it’s the right policy, not because you’re going to please the vast majorities of Californians,” said Darry Sragrow, a Democratic consultant. “If you look at public opinion polls in California, in the short term the safest thing that a statewide elected official can do is to not support it.”

But Bill Whalen, a GOP consultant, said: “Look at how the issue played during recall. It’s as if [Democrats] didn’t pay attention at all to what the voters were thinking last October. It seems the Democrats are trying to make a larger statement about the governor and trying to show that he’s anti-immigrant.”

This time around, Democrats tried to portray the matter as one of public safety. They named their new bill the Immigrant Responsibility and Security Act, and insisted it was better to have illegal immigrants licensed so they could obtain insurance. They also noted that a number of law enforcement officials, including Los Angeles Police Chief William J. Bratton, supported the measure.

“Post-9/11, all of us are concerned about security and well we should be. The facts are all around us,” said Assemblyman Lou Correa (D-Anaheim). “That person who is cooking your food, who is serving your food, that nanny in your home -- is that a terrorist?”

But Republicans insisted that it was wrong to have authorities sanction people that the government was supposed to deport.

“We are being asked to acquiesce to a criminal act,” said Sen. Rico Oller (R-San Andreas). “I don’t believe my colleagues have any anti-immigrant sentiment. What we do have is an anti-illegal sentiment.”

Another bill that passed the Senate despite a certain gubernatorial veto was an energy measure by Assembly Speaker Fabian Nunez (D-Los Angeles).

It would allow investor-owned utility companies such as Southern California Edison Co., which was the driving force behind it, to recoup all costs for building new power plants. Utilities also would be able to sign long-term power contracts with private generating companies.

Times staff writers Robert Salladay, Marc Lifsher and Solomon Moore contributed to this report.

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Bills passed

Here are some key bills approved by the state Legislature on Friday. The governor must sign or veto them within 30 days or they automatically become law.

Electricity regulation (AB 2006): Allows investor-owned utilities such as Southern California Edison Co. to build power plants and contract for long-term, privately generated electricity. Provides that the California Public Utilities Commission will approve a reasonable return on investment.

Indian gambling compacts (SB 1117): Approves four large casinos in rural areas. One that would have unlimited slot machines would be built next to an existing gambling hall on the Viejas reservation 30 miles east of San Diego.

Jet fuel taxes (AB 2466): Closes a legal loophole that allowed the city of Oakland to collect sales taxes on United Airlines’ jet fuel purchases at airports, including Los Angeles International Airport. Gives the city of Los Angeles about $1 million a year in tax revenue.

Autism (AB 857): Establishes a clearinghouse for information on autism services for parents of children with the disorder.

Hotel housekeepers (AB 606): Requires employers to provide 15-minute breaks every four hours and a half-hour lunch period for hotel housekeepers who work an eight-hour day. Mandates that they be provided with a break room with drinking water.

Food stamps (AB 1796): Permits people convicted of possessing drugs to receive food stamps in California.

Source: Times Sacramento Bureau

Los Angeles Times