The Legislature has 60 calendar days, days in joint recess excluded, to act
upon the veto.
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If no action has been taken during this time, the measure is
deleted from the file and the veto is effective.
Theoretically, the ability to override the Governor’s veto gives the
Legislature the ultimate control over exactly what is to become the law. Veto
overrides are rare.
In 1979, the Legislature overrode the Governor’s veto of two bills and
eight items in the Budget Bill.
106
Prior to these overrides, the Governor’s veto
had been overridden on only two occasions since 1973.
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The Legislature
has not overridden a Governor’s veto since 1979.
The result of sustaining the Governor’s veto or failing to consider it in the
time allotted is to ‘‘kill’’ the bill or to reduce or eliminate the appropriation
as recommended.
If two-thirds of the elected members of each house disagree with the
Governor, the bill as passed by the Legislature becomes law notwithstanding
his or her objections.
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When the Legislature successfully overrides a Governor’s veto, the bill, or
items are authenticated as having become law by a certificate.
‘‘The certificate shall be endorsed on or attached to the bill, or endorsed on
or attached to the copy of the statement of objections. It shall be in the
following form: ‘This bill having been returned by the Governor with his
objections thereto, and, after reconsideration, having passed both houses by
the constitutional majority, has become a law this ________ day of
________, ________’; or, ‘The following items in the within statement
(naming them) having, after reconsideration, passed both houses by the
constitutional majority, have become a law this ________ day of ________,
________.’ A certificate signed by the President of the Senate and the
Speaker of the Assembly is a sufficient authentication thereof.’’
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The bill or statement so authenticated is then delivered to the Governor,
and by him or her deposited with the laws in the office of the Secretary of
State. Bills so deposited in the office of the Secretary of State are given a
chapter number in the same manner as bills approved by the Governor.
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When Laws Go Into Effect
With the exception of measures which take effect immediately, bills
enacted in the first year of the regular session before the Legislature adjourns
for the ‘‘interim study recess’’ shall go into effect on January 1 of the
105
Joint Rule 58.5.
106
Governor Brown’s veto of SB 91 (1979–80 Regular Session), Journal of the Senate, 1979–80 Regular Session, p. 5196, Journal of the
Assembly, 1979–80 Regular Session, p. 7565. Governor Brown’s veto of AB 580 (1979–80 Regular Session), Journal of the Assembly,
1979–80 Regular Session, p. 6393, Journal of the Senate, 1979–80 Regular Session, p. 5677.
The Legislature also overrode Governor Brown’s vetoes of eight items in the Budget Bill, SB 190 (1979–80 Regular Session), Journal
of the Senate, 1979–80 Regular Session, pp. 6027, 6028, 6029, Journal of the Assembly, 1979–80 Regular Session, pp. 8318, 8319, 8333,
8334, 8351.
107
Governor Reagan’s veto of AB 855 (1973–74 Regular Session). Journal of the Assembly, 1973–74 Regular Session, p. 9831; Journal of
the Senate, 1973–74 Regular Session, p. 7722 and Governor Brown’s veto of SB 155 (death penalty) (1977–78 Regular Session).
Journal of the Senate, 1977–78 Regular Session, p. 3895; Journal of the Assembly, 1977–78 Regular Session, p. 6553.
108
Constitution, Article IV, Section 10. Prior to the ratification of Proposition No. 4 at the 1972 General Election (Assembly Constitutional
Amendment 95), the Legislature recessed for at least 30 days upon concluding their work and then returned for up to five days for the
specific purpose of reconsidering the Governor’s objections to bills passed during the session. This provision was deleted in 1972.
109
Government Code, Section 9513.
110
Government Code, Section 9514.
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