Deukmejian Signs Bills on Transit Funds, Pornography

Gov. George Deukmejian signed legislation Tuesday broadening the definition of pornography in California.

Deukmejian, continuing to work his way through the more than 1,200 bills sent to him by the Legislature in August, also signed a package of eight bills parceling out $153.8 million to a variety of transportation programs.

Other bills signed by Deukmejian on Tuesday will make it more difficult to bring successful lawsuits against churches, expand state regulation of transportation of poisonous gases and increase the penalties for habitual drinking drivers.

The pornography bill, drafted by Sen. Wadie P. Deddeh (D-Chula Vista), is intended to increase the number of prosecutions against adult movie distributors, booksellers and others who buy or sell hard-core sexual material.

Backed by Law Enforcement

The bill was backed by dozens of law enforcement and community groups. The American Civil Liberties Union, the California Library Assn. and the Alliance of Motion Picture and Television producers were among those opposed.

In redefining what constitutes obscene material, the Legislature adopted statewide standards based on a 1973 U.S. Supreme Court decision in the case of Miller vs. California that created the so-called “Miller standard.”

Under the old law, prosecutors had to prove that the obscene material was “utterly without redeeming social value,” something that they said was very difficult to do. The new law eliminates that language and replaces it with a requirement that the material be shown to lack “serious literary, artistic, political or scientific value.”

Deddeh said, “Every law enforcement agency in the state from the attorney general on down supported the bill.”

Oil Lawsuit Bills

In other actions, Deukmejian signed legislation dividing up $153.8 million given to the state by the federal government as the result of a lawsuit against U.S. oil companies.

Deukmejian said passage of the oil lawsuit bills came after he participated in “lengthy negotiations” with leaders of the Legislature. The Republican governor said the package includes “many of our programs for improving the efficiency of California’s transportation network.”

The money will be used to replace unsafe or obsolete school buses, pay for tax credits for employers who start ride-sharing and van-pooling programs and fund a computerized freeway communications system to ease congestion.

The bills will spend almost all of what was left of the $360 million that the state received as a result of the federal lawsuit that won damages from oil companies that violated federal price controls that were in place from 1973 to 1981. The money was parceled out to states by the federal government to be used for programs promoting energy conservation.

Among the bills signed as part of the oil package was legislation by Assemblyman Richard Katz (D-Sepulveda) that will provide $60 million to replace old and unsafe school buses.

“Nearly half of the school buses in California do not meet tough 1977 federal safety standards, endangering the lives of nearly 900,000 California schoolchildren every day,” Katz said.

Katz said the money will buy about 1,000 new buses. Only buses built before 1977 will be replaced.

Another bill in the package, by Sen. John Seymour (R-Anaheim), appropriates $16.1 million for state supported van-pooling, ride-sharing and other transit-related projects. The Seymour bill also requires state agencies to establish “flextime” policies that will allow employees to work their schedules around morning and evening rush-hour traffic.

Deukmejian also signed legislation sought by churches prohibiting suits seeking punitive damages against religious organizations unless evidence is presented backing up the claim.

The drunk-driving bill, carried by Sen. Ed Davis (R-Valencia), defines motorists convicted of two or more reckless-driving or drunk-driving charges within seven years as a “habitual traffic offenders.” They will automatically be required to surrender their driver’s licenses. The bill also lengthens jail sentences and toughens up conditions of parole for persons arrested for driving under the influence.

On top of that, the Davis bill prohibits the Department of Motor Vehicles, beginning Jan. 1, from issuing or renewing a driver’s license to anyone who does not consent in writing to submit to a chemical test or tests when requested to do so by a peace officer.

Under another bill, the California Highway Patrol will be required to establish specific routes for the transportation of poisonous gases. Trucks that transport the poisonous gases will be restricted to the routes. The trucks will also be required to have two qualified drivers, emergency equipment and be accompanied by an escort vehicle.