Veto of House Bill 2167 overriden

 By a vote of 93-7 in the House and 39-0 in the Senate, Governor Easley’s veto of House Bill 2167 was overridden today. The text of the new law appears here in HTML and .pdf.

 In accordance with G.S. 120-29.1, the bill was certified as a law by Senate Principal Clerk Janet Pruitt Clerk:

“When any such bill becomes law after reconsideration of the two houses, the principal clerk of the second house to act shall, below the objections of the Governor, sign the following certificate: “Became law notwithstanding the objections of the Governor, ________.m. this ________ day of ________, ________”. The principal clerk of the second house to act shall fill in the time. The enrolling clerk shall deposit the measure with the Secretary of State. “

The Session adjourned sine die with House Joint Resolution 2808.

This is the first gubernatorial veto ever overridden in North Carolina.  Veto power was first granted by a constitutional amendment in 1996, vetoes by the Governor in colonial times could not be overridden.

Complete posts on gubernatorial vetoes in 2008 are here, while posts on bills becoming law in 2008 are here.

Reconvened session today on veto of House Bill 2167

The 2007 Regular Session of the North Carolina General Session reconvenes today at 11 a.m. Eastern Time* to consider overriding Governor Easley’s veto of House Bill 2167 (Wide Boats/Exemption).

Details on the constitutional provisions on the reconvened session are here.

To override the Governor’s veto requires the vote of three-fifths of the members present and voting. Article II, Section 22(1) of the North Carolina Constitution states in part:

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.

Since the veto was given to the Governor by constitutional amendment by the voters in 1996, no veto has been overridden. Post-colonial history of action on gubernatorial vetoes is linked here.   No other business may be transacted other than an adjournment resolution.

*I’m posting from the Mountain Time Zone

Details of veto of House Bill 2167 (Towing of Recreation Boats)

Links to details of Governor Easley’s August 17, 2007 veto of House Bill 2167 (Towing of Recreation Boats/Exemption) are below:

• Governor’s Objections and Veto Message
• Governor’s Veto Signature
• House Bill 2167 Information

House Bill 2167 vetoed by Governor Easley

I saw a veto message on House Bill 2167 from Governor Easley when nine signed bills were dropped off at my office this evening.  The veto message, dated August 17, 2008, was on its way to be delivered to the office of the House Principal Clerk:

H2167

Towing of Recreational Boats/Exemption

07/17/2008

According to Under the Dome, the veto message read:

What if a bill is vetoed?

Under Article II, Section 22 of the Constitution, North Carolina Governor Mike Easley has 30 days after adjournment of the legislative session on July 18, 2008 to act on all pending bills, with July 19 being day one.   The 30-day period concludes at midnight, Sunday, August 17, 2008.  Any bills not acted on by the deadline become law on Monday, August 18, 2008.

If a bill is vetoed before the deadline for action, the Governor must reconvene the session to consider an override, unless a majority of the members of each house sign a statement that a reconvened session is not necessary.  The session can be held at any time after the veto, but it must convene not later than Wednesday, August 27, 2008, the 40th day after adjournment.

Here are the applicable constitutional provisions: