Considering Vetoed Bills in California

Considering Vetoed Bills in California By Chris Micheli

            Now that the California Legislature has concluded its 2024 Session, and Governor Newsom has finished acting on all of the 1,200+ bills that reached his Desk this year, are vetoed bills considered by legislators? And, if so, can new legislators sworn into office on December 2 vote on those vetoed bills as well?

            The answer to the first question is yes, but the answer to the second question is no.

Article IV, Section 10(a) states, in part, “The Governor may veto it by returning it with any objections to the house of origin, which shall enter the objections in the journal and proceed to reconsider it. If each house then passes the bill by rollcall vote entered in the journal, two-thirds of the membership concurring, it becomes a statute.”

As a result of these constitutional provisions, the Governor has discretion whether to sign or veto a bill presented to him/her by the Legislature. Likewise, the Legislature can decide whether to vote to override a veto. It “proceed[s] to reconsider it” by considering the Governor’s vetoes in the Assembly and Senate Daily Files for a specified time period. The act is discretionary (“if each house…”) whether the Senate, Assembly, or both houses will consider a gubernatorial veto.

In addition, the Legislature imposes a time limit for considering a gubernatorial veto. Joint Rule 58.5 specifies, “The Legislature may consider a Governor’s veto for only 60 calendar days, not counting days when the Legislature is in Joint Recess.” Note these are calendar days, rather than Session days, which means the weekends are also included.

As a result of JR 58.5, because the Legislature is in joint recess in the Fall after the first year (i.e., the odd-numbered year) of the Session, this 60-day period for considering vetoed bills carries into January and often early February of the second year (i.e., the even-numbered year) of the Session. However, does this time period apply after the joint recess in the second year of Session?

Recall that Article IV, Section 3(a) provides, in part, “Each session of the Legislature shall adjourn sine die by operation of the Constitution at midnight on November 30 of the following even-numbered year.” As a result of this constitutional provision, the Legislature only has until November 30 to consider vetoed bills in the second and final year of the Session.

So, in order to consider a vetoed bill in the second, or even-numbered, year of the Legislative Session, the Legislature must call itself back from the joint recess in order to “proceed to consider it (i.e., the vetoed bill).” In this regard, Joint Rule 52 specifies, in part, that “the Legislature may be recalled from joint recess and reconvene in regular session by any of the following means:”

Lastly, what is the language used by each house of the California Legislature to consider a gubernatorial veto?

Assembly Language:

The following language is used in the Assembly Daily File: “Vetoed by Governor. Consideration of Governor’s veto pending. Legislature has 60 calendar days, not including periods of joint recess, to consider Governor’s veto (J.R. 58.5). Legislature adjourns Sine Die on November 30, 2024. Shall this bill become a law notwithstanding the objections of the Governor?”

Senate Language:

The following language is used in the Senate Daily File: “Shall Senate Bill ___ become a law notwithstanding the objections of the Governor? (Must be considered pursuant to Joint Rule 58.5.)”

So, when the 2023-24 Legislative Session adjourns sine die on November 30, 2024, the opportunity for the Legislature to consider any gubernatorial veto from the 2024 Session ends. If not overridden, then the veto is sustained.

And, when the 2025-26 Legislature convenes on Monday, December 2, 2024, the two houses (including the three dozen new legislators), will not have authority to consider any vetoed bills from the 2024 Session.

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