Post session veto? Reconvened session

What if Governor Easley vetoes one of the bills on his desk? Unlike the United States Constitution, there is no pocket veto, the Governor must call the General Assembly back into session to allow it consider overriding the veto. The Governor has until midnight, Saturday, September 1, 2007, to either sign a bill, take no action on a bill (in which it becomes law on September 2, 2007), or veto the bill by returning it to the Principal Clerk of the house that originated the bill. The bill has to actually get back to the Principal Clerk by the deadline.

If the bill is vetoed, the Governor must reconvene the 2007 Regular Session no later than the 40th day after adjournment (Tuesday, September 11), unless by the 40th day a majority of members in each house sign a petition declaring the a reconvened session is not necessary to reconsider passage of the bill.

At a reconvened session, the only bills that can be considered are the vetoed bills.

Text of the constitutional provisions follow:

 Article 2, Section 22(7) of the North Carolina Constitution provides:
(7)        Time for action by Governor; reconvening of session.  If any bill shall not be returned by the Governor within 10 days after it shall have been presented to him, the same shall be a law in like manner as if he had signed it, unless the General Assembly shall have adjourned:
(a)        For more than 30 days jointly as provided under Section 20 of Article II of this Constitution;
(b)        Sine die
in which case it shall become a law unless, within 30 days after such adjournment, it is returned by the Governor with objections and veto message to that house in which it shall have originated.  When the General Assembly has adjourned sine die or for more than 30 days jointly as provided under Section 20 of Article II of this Constitution, the Governor shall reconvene that session as provided by Section 5(11) of Article III of this Constitution for reconsideration of the bill, and if the Governor does not reconvene the session, the bill shall become law on the fortieth day after such adjournment. Notwithstanding the previous sentence, if the Governor prior to reconvening the session receives written requests dated no earlier than 30 days after such adjournment, signed by a majority of the members of each house that a reconvened session to reconsider vetoed legislation is unnecessary, the Governor shall not reconvene the session for that purpose and any legislation vetoed in accordance with this section after adjournment shall not become law.
while Article III, Section 5(11) provides:

(11)      Reconvened sessions.  The Governor shall, when required by Section 22 of Article II of this Constitution, reconvene a session of the General Assembly.  At such reconvened session, the General Assembly may only consider such bills as were returned by the Governor to that reconvened session for reconsideration.  Such reconvened session shall begin on a date set by the Governor, but no later than 40 days after the General Assembly adjourned
(a)        For more than 30 days jointly as provided under Section 20 of Article II of this Constitution; or
(b)        Sine die.  If the date of reconvening the session occurs after the expiration of the terms of office of the members of the General Assembly, then the members serving for the reconvened session shall be the members for the succeeding term.

UPDATE: House Bill 1761 has been vetoed.

Advertisements

Leave a Reply

Fill in your details below or click an icon to log in:

WordPress.com Logo

You are commenting using your WordPress.com account. Log Out / Change )

Twitter picture

You are commenting using your Twitter account. Log Out / Change )

Facebook photo

You are commenting using your Facebook account. Log Out / Change )

Google+ photo

You are commenting using your Google+ account. Log Out / Change )

Connecting to %s

%d bloggers like this: