In Praise of Discretion

During much of the 1980s, the two weeks following the end of the California legislative session could routinely be entitled “Duke’s Revenge.” As Gov. George Deukmejian waded through the hundreds of bills sent to him in the final days of the Legislature’s term, he tended to wield an indiscriminate scythe, vetoing anything he did not like for the most superficial reasons. Usually, it was because they cost money--any money. Often, it was merely that he did not consider such legislation necessary.

This year, however, the governor used uncommon discretion and care in deciding what to sign and what to veto. There were some disappointments, of course. One was his veto, again, of a measure by Assemblyman John Vasconcellos (D-Santa Clara) to prohibit discrimination in employment or housing against people known to be carrying the AIDS virus. The governor said there already is such protection. Vasconcellos said the governor did not read the bill carefully, and that he tried to eliminate objections Deukmejian had when he vetoed such legislation last year.

The Vasconcellos measure was one of just a few exceptions, however. On the whole, the governor completed the legislative year on a positive note, adding to the exceptional record already achieved through bipartisan negotiation of several major state issues, including transportation finance and reform of the Gann spending-limit amendment. Deukmejian signed many pieces of worthy legislation that he might have vetoed in past years. There was, for instance, a bill raising the refund rate for bottles and cans from a penny each to 2 1/2 cents, and going to a full nickel in 1993 if the program fails to reach a recycling goal of 65%. This came on top of his approval of the comprehensive and visionary waste-management program he had worked out with the Legislature. While vetoing the Vasconcellos AIDS bill, he did sign a measure that provides state aid for the purchase of the drug AZT for AIDS patients who are not eligible for Medi-Cal coverage because they do work but do not make enough to afford the drug.

As expected, Deukmejian approved the critical legislation that distributes nearly $1.5 billion in new tobacco tax revenues, including a controversial $27 million for a promotional campaign about the evils of tobacco, urging young people not to smoke and others to quit.

He properly rejected a bill sponsored by Assemblyman Mike Roos (D-Los Angeles) that would have banned water agencies from covering reservoirs--including one near a home Roos is building--because they are not nice to look at. And the governor also did right by vetoing a measure by Sen. Alan Robbins (D-Tarzana) that would have prohibited construction of Metro Rail in parts of the San Fernando Valley unless it was put underground. Such decisions are best left to the technical experts in water and transportation.

As the legislative session ended, many Sacramento observers wondered just how long this mood of accommodation between the governor and Legislature could last. They wondered, of course, because they worried that the governor wouldn’t feel things were normal unless he punctuated the session with his blue veto pencil. Happily, the good news just kept flowing from the governor’s office down to the end.