Frequently Asked Questions About California Governor’s Legislative Role

Frequently Asked Questions About California Governor’s Legislative Role By Chris Micheli

Does the Governor’s line-item veto authority apply only to budget bills? Under Article IV, Section 10(e) of the state constitution, “The Governor may reduce or eliminate one or more items of appropriation while approving other portions of a bill. The Governor shall append to the bill a statement of the items reduced or eliminated with the reasons for the action. The Governor shall transmit to the house originating the bill a copy of the statement and reasons. Items reduced or eliminated shall be separately reconsidered and may be passed over the Governor’s veto in the same manner as bills.”

Why is the line-item veto authority also called the “blue pencil” authority? This authority is sometimes referred to as “blue pencil” authority because years ago the Governor used an editor's blue pencil for the task.    

Can the Governor “pocket veto” a bill like the President can? In California, there is a “pocket signature” rule, which is opposite of the federal rule. If the Governor fails to act on a bill (accidentally or intentionally), the bill becomes law without his or her signature. In other words, the Governor must affirmatively veto a bill to prevent it from becoming law. This is provided in Article IV, Section 10 of the state Constitution.

            Does the Governor have 30 days to act on legislation sent to him or her? The general rule actually is that the Governor has 12 days to act on a measure sent to his or her desk. However, at the end of the yearly session, bills passed after a specified date and in receipt by the Governor after adjournment can be acted upon by the Governor within 30 days. This is provided in Article IV, Section 10 of the state Constitution.

Must the Governor act on a bill within either 12 days or 30 days after the Legislature passes a bill? There is confusion about when the clock starts running to trigger the 12-day or 30-day review. It begins when the bill has been delivered to the Governor, not when the Legislature passes the bill. After passage by the Legislature, a bill must still go through the engrossing and enrolling processes before the bill is sent to the Governor. Once the Governor receives the bill, then the clock begins running.

Is the Governor’s signature on a bill the final hurdle for a bill to be enacted into law? To be technical, when a bill has been passed by the Legislature and enacted into law (i.e., after signature by the Governor or a pocket signature), the Secretary of State, in coordination with the Governor’s Office, assigns the bill a "chapter number". The ministerial act of being given a chapter number is the final procedural item for a bill to become law.

Because all resolutions are chaptered by the Secretary of State, are they approved by the Governor? Although concurrent and joint resolutions (but not house resolutions) receive chapter numbers by the Secretary of State, the Governor's signature is not required on resolutions.

Are constitutional amendments that are passed by the Senate and Assembly by 2/3 votes of both houses signed by the Governor before being presented to the voters at the next statewide election? Constitutional amendments are not presented to the Governor, so he or she cannot sign or veto constitutional amendments. Once passed by both houses of the Legislature, the proposed amendment goes directly to the voters at the next election, unless a statute is enacted to change the date the measure appears on the ballot.

Are enrolled bill reports (EBR) prepared for all measures? An EBR is an analysis prepared on legislative measures to provide the Governor’s Office with information concerning the measure with a recommendation for action by the Governor.  While approved bill analyses become public information, EBRs do not. EBRs are not prepared for constitutional amendments, or for concurrent, joint, or single house resolutions, because these are not acted upon by the Governor.

What is a Governor’s Reorganization Plan (GRP)? A little know provision of the California Constitution grants the Governor, subject to approval by the Legislature, the authority to “assign and reorganize functions among executive officers and agencies and their employees.”

What form does a GRP take? GRPs are actually bills with bill language that are submitted to the Legislature for approval, after consideration by the Little Hoover Commission at least 30 days prior to the GRP’s submission to the Legislature.  Each house of the Legislature then has 60 calendar days to act on the reorganization plan.  The GRP takes effect on the 61st day after submission to the Legislature, unless a resolution rejecting the plan is adopted by both the Senate and Assembly by a majority vote.

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