U.S. Softens Threat to Deny Highway Aid

Funding: State told to give progress report March 18 on
complying with 'smoke a joint, lose your license' law.

By CARL INGRAM, Times Staff Writer

SACRAMENTOThe U.S. Department of Transportation
on Monday backed off a threat to deny California about $92
million in highway aid because the state has failed to comply
with the "smoke a joint, lose your license" law.
Newly appointed Transportation Secretary Rodney E.
Slater agreed to give Gov. Pete Wilson and the
Democraticcontrolled Legislature more time to enact
necessary state legislation.
In a letter to the Republican governor, Slater did not set a
deadline, but asked for a progress report by March 18,
including a proposed date "by which California will be in full
compliance."
He said he then would "review the matter and make a
decision" on whether to approve or deny the approximately
$92 million due California this year10% of the state's total
federal highway funding.
Meanwhile, both the Senate and the Assembly may be
close to a compromise that would eventually reinstate
California's "smoke a joint, lose your license" law, according to
Senate leader Bill Lockyer (DHayward).
Monday's decision by the federal government appeared to
defuse, at least temporarily, a confrontation between the
Clinton administration and California over the longfestering
driver's license issue.
Under a 1991 federal antidrug law, states are given the
choice of either enacting laws that revoke or suspend driver's
licenses of drug offenders or declaring publicly their refusal to
enact such laws.
In either case, governors must certify their state's position to
the Department of Transportation or face a cutoff of highway
funds.
Critics contend that the "smoke a joint, lose your license"
law is unfair because it applies to anyone convicted of a drug
violation without regard to operation of an automobile.
They note that California long has had a law that suspends
or revokes the license of drivers convicted of operating a
vehicle under the influence of drugs or alcohol.
Under federal pressure last summer, Wilson and the
Legislature enacted a California version of the "smoke a joint,
lose your license" law. It expired March 1 without being
renewed.
Wilson and legislators appealed Feb. 28 for an extension of
time, contending that progress was being made to bring
California into compliance.
Wilson supports suspending driver's licenses in drug cases,
but many in the Legislature do not.
Slater announced the granting of an extension only a few
hours after the state Senate approved a bill, 233, which
declares California's opposition to loss of a license because of
a drug conviction.
Last month, the Senate defeated the proposal (SB131) by
Sen. Quentin Kopp (ISan Francisco), but reversed itself
Monday and sent the measure to the Assembly.
The Assembly, meanwhile, has passed a bill that would
renew California's "smoke a joint, lose your license" law.
Lockyer predicted that a compromise would emerge in
which the Legislature would pass both bills and send them to
Wilson, who would sign them both, allowing lawmakers on
both sides to proclaim a political victory.
The bill signed last, however, would prevail as law,
Lockyer said, adding that the Assembly bill, which would keep
the "smoke a joint, lose your license" provision intact, would
probably prevail.