Governor’s Veto of 15 Hayden Bills Makes a Bitter Farewell

SACRAMENTO —  During a tribute to outgoing state Sen. Tom Hayden recently, Republicans and Democrats alike rose to pay homage to the graying political legend--many of them wiping away tears.

But one Capitol dweller--Gov. Gray Davis--apparently isn’t the sentimental type.

In a flurry of bill signings and vetoes ending last weekend, Davis tanked a whopping 15 pieces of Hayden legislation. That gave the Los Angeles Democrat, who is departing because of term limits, more vetoes than any other lawmaker this year.

“It’s exasperating to see reasonable bills that are supported overwhelmingly by interest groups and the Legislature get vetoed for reasons that had never been raised,” the senator said. “It’s vexing, it’s mysterious and it undercuts an awful lot of work.”

As far as Hayden knows, there’s no bad blood between the two men. Hayden says he has “affection” for Davis, with whom he served in the Assembly, and admires his “instinct for power.”

But might the senator have triggered special punishment with a September letter he sent to the governor’s legislative secretary?

In the letter, Hayden detailed the arduous work he put in to win the Legislature’s approval of 23 of his bills, and offered some advice:

“Governors need legislatures,” Hayden said, so “avoid the seemingly casual and arbitrary vetoes.” You will “make friends without violating your principles,” he added, “if you show a little more respect for the labors of the Legislature.”

Given the governor’s 1999 comment that lawmakers exist “to implement my vision,” Hayden’s words of wisdom way not have been welcome. Soon after the letter was delivered, the senator began getting visits from what his chief of staff calls “the angel of death”--the bearer of Davis’ veto messages.

One after another, bills that Hayden hoped would cap an 18-year career in Sacramento were snuffed.

Steve Maviglio, the governor’s press secretary, insists there’s nothing personal, that Davis is “an equal opportunity vetoer.”

“There’s no grudge,” Maviglio said. “The governor has great admiration for Sen. Hayden. He knows he’s a hard worker, that he believes in what he believes in.”

Many of Hayden’s bills, he said, were doomed by the same force that torpedoed most others--cost: “It’s no secret Gov. Davis is a skinflint,” Maviglio said. The Finance Department studies the fiscal impact of each bill, “and if it’s not [covered] in the budget, the governor is not likely to approve it,” he said.

It is not unusual for governors to use their veto power to establish authority. But lawmakers say they can usually anticipate where a governor stands on a bill, based partly on politics and partly on negotiations with members of his administration.

Pete Wilson, for example, was “very readable,” Hayden said. A Republican, Wilson knew that to distinguish himself as a moderate “he occasionally had to sign a Hayden bill--especially since Democrats controlled the Legislature,” the senator said. “The politics, and the process, were much more transparent.”

Davis’ thinking is far murkier, said Hayden and several other lawmakers--who, because they’re coming back for another term, did not want to speak on the record. Hayden said he was particularly irked because a few of his vetoed bills had the support of Davis’ policy chiefs.

In other instances, Hayden argued, the governor’s veto explanation just didn’t make sense.

Take SB 1489, a bill to require the Department of Justice to study the health effects of pepper spray. Davis rejected the bill, saying its costs were not included in the state budget.

But an Assembly analyst said the costs were “absorbable,” meaning that the study required no special expenditure. And state Atty. Gen. Bill Lockyer--who runs the Department of Justice--was ready and willing to do the work.

Another veto that was tough to swallow, Hayden said, was that of SB 1149, which would have extended unpaid family leave to some relatives not currently covered and to domestic partners of the sick and dying. Davis gave no explanation, saying only that he would not consider changes to the law this year.

“It just seems so very arbitrary to me,” the senator said. “I figure the sick and dying shouldn’t have to wait another year.”

Hayden also lamented Davis’ veto of bills that had overwhelming support. SB 1630 would have required fertility doctors to give patients written warnings about health risks. It received unanimous votes in the Senate and Assembly and had the support of the American College of Obstetricians and Gynecologists.

Davis said the bill was not necessary because his administration is already developing guidelines that will include such warnings.

Although 15 vetoes may be a personal high for him, Hayden admits that he often carries legislation that “breaks ground” and is shot down the fist time around.

Last year, he introduced 14 bills and saw eight of them rejected by Davis. At the time, Hayden described those vetoes as “cold-hearted and even irrational” and said the experience contributed to his decision not to run again for the Assembly, where he served before becoming a senator.

This year, in addition to the 15 vetoes, he saw eight of his bills signed into law, including measures creating tougher testing of certain drivers, establishing an inspector general with subpoena power for the Los Angeles Unified School District and forbidding state contracts with companies employing child labor in sweatshops.

As he puzzles over the governor’s vetoes, Hayden thinks back to a time in 1999 when he heard Davis compare himself to a snail. The senator thinks the self-analysis was right on the mark.

“I think he’s been at it so many years, creeping forward and amassing power, that he has a long view,” Hayden said. “He figures he’ll veto a bill this year, and if it keeps coming back and keeps coming back, eventually he might sign it.”

But next year, said Hayden, “I won’t be around.”

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Gov. Gray Davis vetoed more bills by state Sen. Tom Hayden--15--than by any other legislator. A few are shown below: