Override Fails on Bid to Spend State Surplus

Senate Democrats narrowly failed Monday to override Gov. George Deukmejian’s veto of legislation that would have granted an additional $700 million in state funds to schools instead of sending it back to taxpayers as an income tax rebate as the governor has proposed.

The override failed 26 to 12, falling one vote short of the two-thirds majority necessary in the 40-member Senate to reject the governor’s veto.

At issue is a bill, authored by Sen. Bill Lockyer (D-Hayward), that would have split the $700 million between public schools, community colleges and other local government agencies.

Deukmejian, in vetoing the bill, insisted that the $700 million had to be returned to taxpayers in keeping with terms of a spending limit imposed on the state by voters in 1979.

Before the vote, Democratic leaders flatly rejected a compromise offered by the GOP governor Saturday.

Deukmejian, in his weekly radio address, said he is willing to allow individual taxpayers to decide whether to take the average $50-a-person rebate he has offered or return it to the state.

Democrats want to put the matter to a public vote next June.

The deadlock over the rebate has blocked passage for eight days of the proposed $41.1-billion state budget that is supposed to take effect starting July 1, and lawmakers indicated that they are still far from a settlement.

Blast From Roberti

During the Senate floor debate Monday, Senate President Pro Tem David A. Roberti (D-Los Angeles) said of the governor’s latest offer: “He didn’t intend to compromise at all.”

“Indeed,” Roberti continued, “his so-called compromise is worse than his original proposal.”

Roberti said the governor’s proposal would set a dangerous precedent, allowing taxpayers to decide whether they want to pocket their tax dollars or spend the money on public schools, law enforcement, or health and welfare programs.

“Why stop on whether you are generous or not generous with your tax rebate? Once you open up this can of worms you’ll never be able to put the lid back on it again,” Roberti said.

Assembly Speaker Willie Brown (D-San Francisco) led Democrats in blocking efforts by Republicans to bring the rebate issue to a floor vote in the lower house. By a vote of 40-35, the Assembly tabled an amendment by Assemblyman Tom McClintock (R-Thousand Oaks) that would have put the governor’s rebate proposal up for a vote.

The Speaker said the governor’s latest proposal has “no chance” of winning passage in the Assembly.

Brown said Deukmejian’s proposal to send taxpayers a form letter or include a special box on tax returns asking whether they want the rebate “is not a vote at all.”

“He wants to United Way it,” the Speaker said, referring to the system many companies have of allowing employees to make charitable contributions through payroll deductions.

Assembly Republican Leader Pat Nolan of Glendale said that enough Democrats in the lower house support the rebate proposal to ensure its passage if Brown releases their votes. “There are a substantial number of Democrats who want to vote for the rebate,” Nolan contended.

In the Senate, one Republican--Sen. Becky Morgan of Los Altos Hills--joined 24 Democrats and independent Sen. Quentin L. Kopp of San Francisco in voting to override the governor’s veto.

Two Republicans did not vote. Sen. James W. Nielsen of Rohnert Park simply refused to vote. He said he was protesting the inadequate level of funding for counties in the proposed state budget and the Democrats’ decision to spend the $700 million solely on schools. Sen. William A. Craven of Oceanside was absent. A member of Craven’s staff member said the lawmaker was at home, feeling “under the weather.”

A spokesman for Deukmejian said after the override vote that even though the vote in the Senate was close, Democrats would have failed in the Assembly.

Kevin Brett, the governor’s press secretary, said: “It is not surprising that the (override) effort failed. Even if the 27 votes were gained in the Senate, it would have been extremely difficult to complete the override in the Assembly.”

In the Senate debate, Sen. Barry Keene (D-Benecia) said Republicans would be doing Deukmejian “a favor” by overriding the veto and ending the dispute over the budget and rebate.

“He can’t seem to pull out of the educational quicksand that he’s marched himself into and he’s sinking fast,” Keene said.

Sen. Art Torres (D-Los Angeles) argued that school programs badly need the money, commenting that 30% of the students who begin school do not graduate from high school.

Torres and other lawmakers quoted Thomas Jefferson, William Shakespeare, the cartoon character Pogo, and Cicero.

Borrowing a line from Shakespeare’s “Julius Caesar,” Torres quoted Brutus at the assassination of Caesar as saying, “ ‘Not that I loved Caesar less, but (perhaps) that I loved Rome more.’ Perhaps we should love George Deukmejian less, and love our children more.” The quotation earned Torres a round of applause from his colleagues.

Senate Republican Leader Ken Maddy of Fresno said it was unfair for Democrats to attack the governor for vetoing the legislation, arguing that the governor was proposing a $1.2-billion increase in all levels of education in the new state spending plan, giving education 55% of the general operations portion of the budget.