Legislators Start New Session Reluctant to Work With Deukmejian : State government: Many lawmakers would prefer to wait for Wilson than tackle outgoing governor’s budget-cutting plan.

Stung by voter approval of term limits, still buried under a mountain of budget problems and preparing for a new governor, the Legislature begins a new two-year session Monday with lawmakers appearing in no mood to embrace Gov. George Deukmejian’s final austerity plan.

Anger, frustration and a sense of defeatism are greeting the Legislature’s 1991-92 session, the first days of which will run concurrently with a special session called by Deukmejian to tackle his $1-billion budget reduction plan.

Most legislators seem to want to delay serious business until January, when Deukmejian will be succeeded by Pete Wilson. Put simply, Democrats appear to be worn out by eight years of often bitter partisan fighting with the outgoing Republican governor.

Reflecting the hard feelings he shares with other Democrats toward Deukmejian, Assemblyman John Vasconcellos (D-Santa Clara), chairman of the Assembly Ways and Means Committee, said: “We have a new governor. George Deukmejian is history. Nothing he proposes interests me.”

For a few hours, anyway, legislators Monday will set aside their differences with the governor and escape into their own world as they get the new legislative session under way in time-honored, ritualistic fashion.

In the two houses, a freshman crop of 12 Assembly members--the largest since 1983--and one senator will be sworn in during roll calls of California’s 58 counties. Then will come the politically charged elections to determine a Speaker of the Assembly and the Senate’s president pro tem.

Despite all the problems facing the Legislature--public opinion polls that show lawmakers are held in low esteem, the defeat of five incumbents and passage of Proposition 140 that eliminated lawmakers’ unlimited terms along with their state pension system--the entrenched leadership of both houses is expected to retain its power.

Assembly Speaker Willie Brown (D-San Francisco) and Senate President Pro Tem David A. Roberti (D-Los Angeles), who have maintained their leadership posts for a decade, are expected to be reelected.

In the Assembly, Republicans already have reelected Ross Johnson of La Habra to lead them. In the Senate, the reelection of Republican Leader Ken Maddy of Fresno seems certain.

Outsiders might consider the reelection of the legislative leaders odd, since under the guidance of Brown and Roberti the Legislature as an institution has sunk steadily in the eyes of the public, as evidenced by the approval of strict term limits for lawmakers.

But legislators point beyond Proposition 140 to other votes. Assembly Democrats gained a net of two seats, giving them a 48 to 32 advantage. In the Senate, Democrats will maintain control with 25 seats to the Republicans’ 13. There is also one independent member and one vacancy.

Roberti and Brown also are considered bright, battle-tested veterans and in the best position to lead a possible legal challenge to overturn the term limit initiative and handle the task of redrawing legislative district lines, a once-a-decade job that will begin in earnest in April.

With the courts striking down California’s campaign fund-raising law, enacted by voters as Proposition 73, Brown and Roberti are considered established fund-raisers who can bring in millions to aid their allies in tough elections.

Roberti said it is unfair to draw too much from the Proposition 140 vote and public opinion polls.

“There was some anti-Legislature sentiment shown, but I think it was by and large an anti-government vote,” Roberti said. “The recession contributed. The Proposition 140 vote registered their frustration. But in voting on individual legislators, all of our (Democratic) incumbents were reelected.”

Assemblyman Steve Peace (D-La Mesa), one of the ringleaders of the last attempt to oust Brown from the speakership, is not blaming Brown for the term limit vote and said he expects the veteran leader to be reelected.

“People aren’t happy (about term limits) but it was an uphill battle going in,” Peace said. “I don’t know that many people expected to come that close, let alone prevail. There is no sense of blame, per se.”

Even before the vote is taken and the swearing-in ceremonies are held, the leaders of the respective houses will meet privately with Deukmejian.

Deukmejian will press lawmakers hard to take immediate action on his budget plan, sources say. He will brief them on the latest available budget numbers, which have shown a sharp drop-off in tax collections and an increase in state expenses. The size of the shortfall this year could be $1 billion or more, according to a variety of sources. Next year, according to conservative estimates of the nonpartisan Commission on State Finance, the state will be $4.3 billion short of what is needed to fund a full service budget.

Deukmejian has put together a five-bill package that would suspend funding guarantees for public schools as required by Proposition 98, take a portion of school district property taxes that exceed projections, reduce the renters’ tax credit, implement a hiring freeze on state government, reduce state operations by 1% except for higher education and transfer unexpected tidelands oil revenue to the general fund.

Many legislators and their aides argue that there is no need for immediate action. Lawmakers are expected to remain in the capital only two days and then adjourn until Jan. 3.

Deukmejian can implement a hiring freeze and cut the budget 1% without legislative approval, they contend. They say lawmakers need not transfer the windfall oil money immediately because the state had not planned on spending it immediately and it can be shifted any time before the end of the fiscal year.

Most Democrats oppose cutting the renters’ credit, which they argue amounts to a tax increase on the poor and middle class. And there seems to be no sentiment for cutting education funding without considering the rest of the budget at the same time.

Finally, Deukmejian’s own fiscal experts insist that the state will end the year with $241 million to spare. If that’s true, Democrats ask, why the rush to cut the budget?

Despite the open unwillingness of lawmakers such as Vasconcellos to put together a midyear budget agreement with Deukmejian, there is an outside chance the state’s deteriorating fiscal situation could change their minds.

Legislative Analyst Elizabeth G. Hill is said to be working on a new budget analysis to be presented to lawmakers showing that the $4.3-billion estimate of next year’s shortfall is on the low side.

The Joint Legislative Budget Committee also will consider a proposal to bring in a blue-ribbon citizens panel from “outside the political mainstream.” Its purpose would be to form a constitutional revision commission that would find ways to free the Legislature from restraints on its ability to make taxing and spending decisions. Many lawmakers blame a succession of initiatives, beginning with Proposition 13 in 1978, for their inability to deal with mounting budget problems.

Roberti said Senate committees will hold hearings on the governor’s plan, but cautioned that “it is overly optimistic to think we will deal with the bills now. I think most people want to wait for the next Administration to tackle the problem.”

A top aide to Roberti said the governor’s narrowly drafted proclamation calling the special session shows that Deukmejian is not willing to compromise and may be more interested in scoring public relations points than solving the budget problem.

“He is saying: ‘We’re not looking for consensus. We are looking for these five bills. Send them to me,’ ” the aide said.