New year brings new laws

Gov. Arnold Schwarzenegger learned the hard way after November’s special election that success at the box office doesn’t always translate to success at the ballot box. All eight of the propositions on November’s ballot– known as the governor’s Reform Agenda—were soundly rejected by California voters.

From issues that dealt with state funding for schools (Proposition 76) and prescription drugs (Propositions 78 and 79) to parental notification for minors seeking an abortion (Proposition 73), voters voiced their dissatisfaction over the governor’s special election.

According to the Senate Office of Research, the governor signed 729 bills and vetoed 232 last year. The total number of bills is one of the lowest in recent history.

The four state lawmakers who represent local constituents—state Sens. Sheila Kuehl (DSanta Monica) and Tom McClintock (R-Thousand Oaks) and Assembly members Audra Strickland (RThousand Oaks) and Fran Pavley (D-Woodland Hills)—authored a total of 17 bills and two charters that were signed into law last year.

Not only were there fewer laws passed in 2005 than in a typical year, but many of the items signed by the governor were niche or minor legislation with very little impact on California politics.

“Overall, it certainly was not a productive year, and I think it’s a fair summary to say that what did get approved was. . .nichemarket, non-major legislation,” said Walter Zelman, director of the USC California Policy Institute. “The major issues were on the ballot.”

Because of the special election, Zelman said last year’s legislative effort took a backseat role.

“I think the overall effect was to dampen whatever capacity for compromise that may have existed between Democrats and the governor,” Zelman said. “It intensified partisanship and stress between the Democrats and the governor. Therefore, the potential for progress was undermined.”

Sherry Bebitch Jeffe, a senior scholar with the School of Policy Planning and Development at USC, said the special election irked the Democratcontrolled Legislature, which strained Sacramento’s fragile political relationships even further.

“The legislature took offense to the fact that the governor went around them and directly to the people,” Bebitch Jeffe said.

The most controversial bills before the governor included the legalization of gay marriage, granting driver’s licenses to illegal immigrants and increasing the minimum wage. The governor vetoed all three bills.

Even though the governor vetoed a gay marriage bill, two other bills helped gays. AB-489 bans businesses from discriminating against employees regardless of sexual orientation, while SB-973 allows most retired public employees the option to change their retirement packages to provide for their domestic partner.

Political experts agree that the governor’s promise for a more moderate approach in 2006 could indirectly help the California budget.

“I expect that if we see compromise this year . . . it’s going to be on economic issues and less so on ethical, social or moral questions,” Zelman said.

Assemblywoman Strickland said the budget will be a top priority for both the legislature and the governor in 2006.

“Budget reform is absolutely key and it is totally essential that the governor and the Legislature work together to bring about the reform necessary to put California’s economy back on track,” Strickland said. “Frankly, I think we need to cut the fat out of the budget…We need to make sure that we fund education, we fund public safety and that we fund transportation. Those are top priorities.”

Reforming the budget in 2006 will be easier said than done, according to the experts. In an election year, Democrats are less likely to support the governor on certain issues.

“I suspect the governor is going to produce a more moderate agenda, which will open the door to compromise,” Zelman said. “On the other hand, the Democrats in an election year will be unwilling to walk through that door if they perceive that the values of doing so are accruing to the governor.”

New state legislation passed in 2005 include the following laws:

•AB-1045 mandates that hospitals compile a list of the 25 most common outpatient procedures and submit a list of their costs to the Office of Statewide Health Planning and Development so patients have an understanding of costs before undertaking a medical procedure. The law also requires the hospital offer a cost estimate to a patient without medical insurance.

•AB-68 gives car buyers the option of returning a used car after two days, requires that car dealerships offer new disclosures, better defines the term “certified used car,” and protects buyers from dealerships that hide additional costs in a long term loan.

•AB-70 requires the Department of Motor Vehicles to immediately issue new license plates when requested by a victim of rape or sexual assault who provides evidence in a crime. The law helps protect victims from being stalked.

•AB-1051 prohibits the use of pocket bikes––miniature motorcycles––from being used on sidewalks, highways and any other part of a road or trail. Makers of pocket bikes have to put a sticker on the bikes alerting buyers to the law.

•AB-1474 extends the time period a first-time driver has to wait before being able to carry passengers younger than 21 from six months to a year, as well as prohibits new drivers from driving between 11 p.m. and 5 a.m.

•SB-207 gives a police officer the ability to impound a car if the driver’s blood-alcohol content is .10 or more or if the driver has a previous conviction for driving under the influence in the past seven years.

•AB-999 increases the jail time to a minimum of 30 days if someone injures another person while street racing. If it’s a second conviction, the driver may face a year in jail.

•SB-719 increases fines and jail time to the sentences of drivers trying to escape a police car.

•SB-12 requires that schools revises cafeteria menus to reduce foods high in fats, sugar and calories.

•SB-833 makes it illegal to send “junk faxes.” Those who do send unwanted faxes face a $500 fine for each offense.