In abstract
About 90% of payments that Newsom blocked this 12 months handed with the help of greater than two-thirds of legislators — sufficient to override a governor’s veto. However the Legislature hasn’t tried to take action since 1979.
Practically all the 189 payments vetoed by Gov. Gavin Newsom this 12 months handed the Legislature with help from greater than two-thirds of lawmakers — that means the identical votes from these legislators can be sufficient to override the governor’s veto.
However that nearly by no means occurs. In truth, the final time the Legislature overrode a governor’s veto was 1979.
So why don’t legislators combat for the payments which have such broad help?
Occasion loyalty, and self-protection, says Dan Schnur, politics professor on the College of California, Berkeley, USC and Pepperdine College.
“A governor who’s been overridden is generally not a happy governor — and unhappy governors tend to issue more vetoes, especially against the members who voted to override,” he mentioned.
The present Democratic supermajority — 93 of 120 seats – additionally implies that a legislator who goes in opposition to the governor might be simply changed among the many politically favored.
In different phrases, Schnur mentioned, it’s the modern-day model of, “if you come for the king, you’d best not miss.”
Monday was the deadline for the governor to behave on the 1,206 payments the Legislature despatched to his desk of the two,159 launched through the common session this 12 months. Newsom vetoed about 15.7% of the entire payments handed – barely larger than the state’s 15% common lately.
Of the 189 vetoes, 170 of the payments — about 90% — handed by greater than a two-thirds majority in each the Meeting and Senate, in keeping with a Digital Democracy evaluation. About 96% of the vetoed payments handed with a two-thirds majority in at the least one chamber.
A veto override requires a two-thirds vote in every chamber: which might imply at the least 52 members within the Meeting and 26 within the Senate. (Democrats presently make up 62 of 79 Assemblymembersand 31 of 40 state senators).
The governor vetoed payments for various causes, as expressed by way of his veto messages. In accordance with an evaluation by lobbyist and Capitol-watcher Chris Micheli, Newsom rejected 30% of payments as a consequence of funds considerations and 27% as a consequence of disagreements over coverage. He vetoed one other 22% as a result of he mentioned they had been pointless or stepped on the toes of different state businesses or native governments.
Requested whether or not the variety of vetoed payments that handed with broad legislative help confirmed a disconnect with the manager department, Izzy Gardon, a spokesperson for the governor, mentioned: “The executive branch and legislative branch are independent branches of government. The governor’s decisions on legislation are made solely on the merits of each bill.”
The final veto override in 1979 was on a invoice by then-Assemblymember Lou Papan that banned banks from promoting insurance coverage. It was vetoed by then-Gov. Jerry Brown. It was the second override of a Brown veto in 11 days.
If there may be going to be an override, legislative management must be concerned within the political mutiny.
Senate President Professional Tem Mike McGuirea Democrat from Santa Rosa, confirmed some willingness to face as much as Newsom lately by initially refusing to convene the Senate for the governor’s desired particular session on gasoline costs. He declined to remark, nonetheless, on when he would think about an override of a governor’s veto.
Robert Rivasspeaker of the state Meeting, additionally declined to remark.
Thad Kousser, politics professor on the College of California, San Diego, mentioned one cause the Legislature might let a governor’s veto go unchallenged is to let the governor do the soiled work.
“They’re happy to let the governor be the naysayer and kill the bill without them having to vote against it,” he mentioned.
Sen. Scott Wienerwhose invoice to cut back drug prices was vetoed final month regardless of broad help, described the governor’s motion as “a really, deeply bad veto,” however he stopped wanting calling for an override.
The invoicewhich had each Democratic and Republican co-authors, handed with vast margins in each chambers: 70-0 within the Meeting and 38-2 within the Senate. If signed, it could have required licensing of pharmacy profit managers — firms that function intermediaries between insurance coverage firms and drug producers to course of claims and negotiate drug costs.
Be taught extra about legislators talked about on this story.
The governor mentioned in his Sept. 28 veto message that he didn’t assume the licensing plan would deal with rising drug prices, and that extra information was wanted.
However Susan Bonilla, chief government officer of the California Pharmacists Affiliation, which sponsored the invoice, pushed again on that cause. She mentioned a research was already finished in 2020, and these suggestions had been added to the invoice.
Bonilla — a former Assemblymember from 2010 to 2016 — mentioned the Legislature ought to think about a veto override fairly than attempt to go a invoice once more subsequent 12 months as a result of sufferers’ entry to medicine is a urgent situation — and implementing protections will take time.
She added that sponsors have spent years engaged on the invoice with numerous legislative committees in addition to with the state’s insurance coverage and justice departments.
To undergo the method once more, she mentioned, is just not a sensible use of legislators’ time or taxpayers’ assets.
“We had our elected representatives strongly support this bill,” she mentioned. “They see the need for it, and I think it’s very, very important that they push ahead and seek a veto override.”
Wiener, a San Francisco Democrat, instructed CalMatters he was evaluating subsequent steps for the invoice, together with reintroducing it subsequent 12 months.
“I firmly believe that the Legislature should be willing to override vetoes from time to time,” he mentioned. “We are a co-equal branch of government, and we have the power to override. I’m not saying we should do it willy-nilly, but periodically, on important issues, we should be willing to override.”
That mentioned, because it hasn’t occurred in almost half a century, Wiener isn’t holding his breath.
“It’s been a cultural dynamic in the Capitol where veto overrides just don’t happen,” he mentioned. “I think the thinking is, work things out ahead of time, which, of course, is always the preferred route,” he mentioned. “But in a case like this … there’s nothing really to work out.”
Some legislators additionally say they perceive the governor’s causes for a veto of their payments.
Assemblymember Juan Alanisa Republican from Modesto, gave credit score to the governor for holding the state’s funds in thoughts when he vetoed Alanis’ invoice on homelessness and youth unemployment.
The invoice handed unanimously by way of almost each committee; by 97% in its Meeting ground vote and 100% help within the Senate.
“I believe as legislators, it’s our duty also to be mindful about where the taxpayers’ dollars go, so I also see where he’s coming from,” he mentioned.
Alanis mentioned he’ll take the price considerations the governor listed in his veto message into consideration, and check out once more subsequent 12 months.
If the Legislature had been to override a veto, they could solely have that choice so many occasions, he mentioned. That’s why he thinks it’s price reserving that choice for the massive points price combating for — public issues of safety, for instance.
“I think, and I hope and I wish that we would push it and use our authority on that,” he mentioned. “I guess time will tell if we’re going to be doing that in the future — if he does veto some bills that we really, really feel need to happen here in California.”
Thomas Gerrity, a member of the Digital Democracy workforce, contributed to this story.
