Historical Look at Bills That Became Law Without the Governor’s Signature

In California, the Governor has three options when a bill reaches the Governor’s Desk: sign the bill (and it becomes a statute), veto the bill (and the bill does not become law, unless the Legislature overrides the veto), or allow the bill to become law without his or her signature.

These three options are set forth in the California Constitution, in Article IV, Sections 10(a) and (b). Those relevant subdivisions of Section 10 are set forth below:

(a) Each bill passed by the Legislature shall be presented to the Governor. It becomes a statute if it is signed by the Governor. 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.

(b) (1) Any bill, other than a bill which would establish or change boundaries of any legislative, congressional, or other election district, passed by the Legislature on or before the date the Legislature adjourns for a joint recess to reconvene in the second calendar year of the biennium of the legislative session, and in the possession of the Governor after that date, that is not returned within 30 days after that date becomes a statute.

(2) 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.

(3) Any other bill presented to the Governor that is not returned within 12 days becomes a statute.

As a result of these provisions of the state Constitution, if the Governor does not act on a bill within the specified time (12 days is the general rule, except at the end of the legislative session when the time period is extended to 30 days), a bill will become law without the Governor’s signature if he or she chooses not to act on the bill.

Has this occurred before? Yes. While Governor Gavin Newsom has yet to choose this course of action (or non-action), prior California Governors have done so. The following is a list of bills that became law without the Governor’s signature over the past two decades:

In the 1999 Legislative Session, Governor Davis allowed five bills to become law without his signature:

A.B. No. 376—Floyd. An act to repeal and add Chapter 5.5 (commencing with Section 12531) of Division 5 of the Business and Professions Code, relating to weights and measures, and making an appropriation therefor.

A.B. No. 648—Strickland (Coauthors: Campbell, Cox, and McClintock). An act to amend Sections 1812.53, 1812.54, 1812.64, and 1812.69 of, and to repeal Section 1812.66 of, the Civil Code, relating to dance studio lessons.

A.B. No. 676—Brewer. An act relating to property taxation, and declaring the urgency thereof, to take effect immediately

A.B. No. 1253—Nakano. An act to add and repeal Chapter 8 (commencing with Section 124960) of Part 4 of Division 106 of the Health and Safety Code, relating to health.

A.B. No. 1323—Floyd. An act relating to public employees’ retirement

In the 2000 Legislative Session, Governor Davis allowed five bills to become law without his signature:

S.B. No. 342—McPherson. An act to amend Sections 3, 4, and 7 of Chapter 1080 of the Statutes of 1998, relating to the Bipartisan Commission on the Political Reform Act of 1974.

S.B. No. 1885—Johnston. An act to add Section 21201.4 to the Financial Code, relating to pawnbrokers.

A.B. No. 974—Papan. An act to amend Sections 82033, 82034, 84200, 84202.5, 84202.7, 84203.5, 87103, 87206, 87207, 89511, and 91005 of the Government Code, relating to the Political Reform Act of 1974.

A.B. No. 2018—Thomson, Runner, and Migden (Coauthors: Aanestad, Aroner, Bates, Cardenas, Cox, Honda, Kuehl, Strom-Martin, and Zettel) (Coauthors: Senator Bowen and Johannessen). An act to amend Sections 11161 and 11164 of, and to repeal Section 11163 of, the Health and Safety Code, relating to controlled substances.

A.B. No. 2811—Robert Pacheco. An act to amend Section 17284.5 of the Education Code, relating to school facilities

In the 2011 Legislative Session, Governor Brown allowed one bill to become law without his signature:

A.B. No. 412—Williams. An act to add and repeal Section 76104.1 of the Government Code, and to add and repeal Section 42007.5 of the Vehicle Code, relating to emergency medical services.

In the 2014 Legislative Session, Governor Brown allowed one bill to become law without his signature:

S.B. No. 1272—Lieu (Principal coauthor: Senator Jackson) (Coauthors: Senators DeSaulnier, Hancock, Leno, Padilla, and Torres) (Coauthors: Assembly Members Bocanegra, Buchanan, Dababneh, Muratsuchi, V. Manuel Pérez, Skinner, Wieckowski, and Williams). An act to submit an advisory question to the voters relating to campaign finance, calling an election, to take effect immediately.

In the 2016 Legislative Session, Governor Brown allowed two bills to become law without his signature:

S.B. No. 254—Allen and Leno (Principal coauthors: Senators Hancock, Jackson, Monning, and Wieckowski) (Coauthors: Assembly Members Bloom, Dababneh, Cristina Garcia, Gonzalez, and Williams). An act to submit to the voters a voter instruction relating to campaign finance, calling an election, to take effect immediately.

S.B. No. 1182—Galgiani (Coauthor: Assembly Member Gonzalez). An act to add Sections 11350.5 and 11377.5 to the Health and Safety Code, relating to controlled substances.