When Does Governor Newsom Have to Act on the September 1 Bills?

Are SB 492 (Becker) the wildfire bill, SB 113 (Laird) the Budget Bill Junior, and other bills passed on Tuesday, September 1 subject to the September 30 constitutional deadline for Governor Gavin Newsom to act on bills sent to his Desk?

You might be surprised that the answer is no. 

In looking at the California Constitution, Article IV, Section 10(b)(2), we see that the bills passed on September 1 are subject to the normal 12-day period for final action by the Governor. Recall that the 12-day clock does not begin when the Legislature passes the bill, but rather when the bill is enrolled and delivered to the Governor.

Section 10(b)(2) states, in part: “Any bill passed by the Legislature before September 1 of the second calendar year of the biennium of the legislative session and in the possession of the Governor on or after September 1 that is not returned on or before September 30 of that year becomes a statute.”

Section (b)(3) provides: “Any other bill presented to the Governor that is not returned within 12 days becomes a statute.”

As a result, Governor Newsom will have 12 days to act on any bill passed on September 1 and sent to his Desk thereafter. For the bills passed on Monday, August 31, the Governor will have until September 30 per the state Constitution.