Session Ends in Flurry of Votes; Tempers Rise

The state Legislature gave final approval to a hard-fought measure easing criminal sanctions against corporate water polluters, but many other major deals fell apart as lawmakers, their anger flashing, wrapped up their work for the year Sunday.

Lawmakers approved hundreds of bills in the final days and hours of the last legislative session of 1996. The session ended early Sunday morning, two hours past the midnight deadline for finishing action on 1996 legislation.

Among the measures approved was one allowing continued smoking in bars and another extending a law permitting authorities to revoke driver’s licenses for six months of people caught smoking marijuana.

Lawmakers approved the “smoke a joint, lose your license” bill by Assemblyman Larry Bowler (R-Elk Grove) to comply with federal law. That law demands that states adopt such legislation to receive federal highway funds--$100 million for California. The sanction applies whether or not the marijuana use is related to driving. California’s law had expired last November.

Major achievements of the final days included a bill granting businesses $279 million in tax cuts and another bill deregulating the electrical industry.

But two major deals pushed by Gov. Pete Wilson fell apart: one to build new prisons and another to provide limited state payments for the care of disabled illegal immigrants, who must be housed in long-term care facilities.

“The Legislature has prolonged what will be the inevitable--construction of new prisons,” said the governor’s spokesman, Sean Walsh. He added that Wilson will “assess options” this week about the disabled illegal immigrants.

Both issues are reaching crucial points. Department of Corrections officials believe that without new prisons, the state’s 32 facilities will become full and judges may order the state to release inmates.

And although Wilson wants to cut state welfare for illegal immigrants, he asked lawmakers to approve special funding to care for the disabled suffering from conditions such as Alzheimer’s disease. Assembly Republicans balked, believing state funding violates the anti-illegal immigrant Proposition 187.

Without legislative action, however, facilities that house the patients will have to foot the bill without state aid, or evict them. Wilson may call the Legislature back for a special session to deal with various welfare issues, including the care of disabled illegal immigrants.

Also failing in the final hours was a deal that sought to increase the number of state officers who enforce gambling laws and establish a state gambling board. The Assembly overwhelmingly approved the overhaul. But the Senate adjourned for the year without taking a vote.

Senate President Pro Tem Bill Lockyer closed down the upper house, irate that Assemblyman Phillip Isenberg (D-Sacramento) engineered the gambling deal without involving Lockyer in discussions.

Confronting Isenberg in a Capitol hallway after the session, Lockyer, in view of 50 lobbyists, lawmakers and others, expressed his displeasure, saying: “F--- you, Mr. Termed Out.”

Isenberg, who must retire this year because of term limits, later laughed off the exchange, saying he’s had other run-ins with Lockyer over gambling legislation.

Sandy Harrison, Lockyer’s spokesman, attributed the blow up to Lockyer having what he called “a low tolerance level for back-room deals.”

Tempers also flared over efforts to tinker with California’s tough environmental laws.

Lawmakers approved Senate Bill 649, making it harder to prosecute some water pollution cases.

Under the measure by Sen. Jim Costa (D-Fresno), polluters would be exempt from criminal penalties if they promptly report spills and move to clean them before the toxins reach rivers and streams.

County prosecutors and most environmental groups fought the bill, charging that oil refineries, timber companies, farming operations and other corporations no longer will face the potential of misdemeanor criminal charges for polluting waterways.

Two years in the making, the bill was backed by the California Chamber of Commerce, the California Farm Bureau, the oil industry and other business groups.

“This measure never should have become controversial,” said Allan Zaremberg of the California Chamber of Commerce, contending that the measure “makes minor changes in the law.”

The bill cleared the 40-seat state Senate with no votes to spare, 21-16, shortly before the midnight deadline for approving new legislation.

Sen. Tom Hayden (D-Santa Monica) managed to kill a separate Costa bill. This one sought to exempt oil companies, utilities and farmers from sanctions for accidentally killing animals protected by the state Endangered Species Act.

The measure died after Hayden and fellow Democrat Costa tangled in an especially nasty committee hearing Saturday. As Hayden, the committee chairman, maneuvered to derail the bill, Costa accused Hayden of being a bully, and declared, “I’m not accustomed to getting railroaded by members of my own party in my own house.”

Here’s a look at other legislative action:

* Tobacco. A bill, AB 2188 by Assemblyman Brett Granlund (R-Yucaipa), makes it a crime for minors to smoke. A separate measure, AB 3037 by Assemblyman Sal Cannella (D-Ceres), permits continued smoking in bars at least until 1999. Both measures were sent to Wilson.

* Constitution. Sputtering to its death was a proposal introduced with much fanfare more than a year ago to revise the state Constitution. After 18 months of study and hearings, the final stripped-down bill required simply that the governor and lieutenant governor run as a ticket. The measure pushed by Sen. Lucy Killea (I-San Diego) received only nine votes in the Senate.

* Smog. Lawmakers approved a bill by state Sen. John R. Lewis (R-Orange) that frees 4,200 small businesses in Southern California from a requirement that they carry out programs to convince workers to ride-share.

* Beer. A bill permitting brewers to label as beer brews with alcohol content as high as 5.7% won final approval. The maximum alcohol content for beer now is 5%. The industry-backed measure, SB 1923 by Sen. Mike Thompson (D-St. Helena), also requires brews above 5.7% to list the alcoholic content on labels.

* Molestation. Lawmakers approved a bill to force clergy to report suspected child abuse by other members of the clergy. However, the bill, AB 3354 by Assemblywoman Valerie Brown (D-Sonoma), does not require priests to disclose suspicions learned while hearing confession.

* Date rape. The Legislature approved SB 2164 by Hayden declaring the drug Rohypnol an illegal substance. Rohypnol is the so-called date rape drug used by some men to sedate women, making them vulnerable to sexual attack.

Bills that have passed now go to Gov. Pete Wilson who has 30 days to sign or veto them.

Staff writer Dan Morain contributed to this story.