Day 26 of 30: one 2010 NC bill left on the Governor’s desk

Governor Perdue signed an additional bill on Thursday, August 5, 2010 (day 26 of 30 to act). Here is the new law:
S886  Cleanfields Act of 2010.     Ch. SL 2010-195

Under Article II, Section 22 of the Constitution, the Governor has 30 days after adjournment to act on all pending bills, with July 11 being day one.   The 30-day period concludes at midnight, Monday, August 9, 2010.  The Governor has now acted on 108 of the 109 bills that were pending on her desk at adjournment of the 2009 Regular Session on July 10, 2010.

The bill  remaining on the Governor’s desk is:

H1292   Univ. Energy Savings/LEA Operational Leases     Pres. To Gov. 7/9/2010

There are three options for the Governor on HB1292:

1) Sign the bill by midnight, Monday, August 9, 2010.

2) Take no action on the bill by midnight, Monday, August 9, 2010. In this case, the bill becomes law at 12:01 am on Tuesday, August 10, 2010.

3) Veto the bill. In such case, the Governor must reconvene the session no later than the 40th day after adjournment (Thursday, August 19, 2010) to consider overriding the veto, unless a majority of the members of each house sign a petition stating that there is no need to reconvene to act on the veto.  Article II, Section 22(7) of the North Carolina Constitution states in pertinent part that if the Governor vetoes a bill after adjournment: “When the General Assembly has adjourned sine die … Governor shall reconvene that session … 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.” Article III, Section 5(11) of the North Carolina Constitution states in pertinent part: (11)      Reconvened sessions … 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… sine die”

2010 laws enacted are listed here in order of becoming law, and here in order of bill number.  These links are normally updated within a business day of action being taken.


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