House Bill 1761 vetoed

Governor Easley has vetoed House Bill 1761, the Job Maintenance and Capital Development Fund.  The bill has been returned to the House of Representatives for further action.

A copy of the veto message is here.

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 must reconvene the 2007 Regular Session to start no later than Tuesday, September 11, unless by that date 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 those that have been vetoed.

The Constitution requires a vote of three-fifths of the members present and voting to override a veto. The House acts first, the Senate only gets the bill for action if the House votes to override. Article II, Section 22(1) of the North Carolina Constitition provides:

“[A]ll bills shall be read three times in each house and shall be signed by the presiding officer of each house before being presented to the Governor.  If the Governor approves, the Governor shall sign it and it shall become a law; but if not, the Governor shall return it with objections, together with a veto message stating the reasons for such objections, to that house in which it shall have originated, which shall enter the objections and veto message at large on its journal, and proceed to reconsider it.  If after such reconsideration three-fifths of the members of that house present and voting shall agree to pass the bill, it shall be sent, together with the objections and veto message, to the other house, by which it shall likewise be reconsidered; and if approved by three-fifths of the members of that house present and voting, it shall become a law notwithstanding the objections of the Governor.  In all such cases the votes of both houses shall be determined by yeas and nays, and the names of the members voting shall be entered on the journal of each house respectively.”

Information on past vetoes is here, more information on reconvened sessions here.


71 bills remain on the Governor’s desk, out of the 208 pending at the end of session. You can keep up with bills pending on the Governor’s desk by clicking here, and with laws enacted in 2007 here.  The Governor has until midnight, September 1, 2007, to act on bills.


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