45-304. Veto by governor; return to house of origin; reconsideration by legislature; procedure upon passage over veto; publication.
45-304
45-304. Veto by governor; return to house of origin; reconsiderationby legislature; procedure upon passage over veto; publication.(a) If the governor does not approve any enrolled bill which ispresented to him or her, he or she shall return such enrolled bill, withthe governor's veto message, to the house of origin of the bill. A copy ofsuch veto message shall also be delivered to the secretary of state. In allsuch cases the house of origin of the bill shall enter such veto message inits journal. In all such cases the house of origin shall proceed toreconsider the bill returned by the governor in not more than thirty (30)calendar days (excluding the day received).
(b) If after reconsideration of any bill which has been returned by thegovernor, two-thirds of the members then elected (or appointed) andqualified to the house of origin shall vote to pass the bill, it shall besent, with the governor's veto message, to the other house, by which itshall also be reconsidered in not more than thirty (30) calendar days(excluding the day received). Thereupon if such bill is approved bytwo-thirds of the members then elected (or appointed) and qualified, itshall become law. In all cases to which this subsection applies, theaffirmative and negative votes shall be entered upon the journals of eachhouse.
(c) In the event that any bill is reconsidered and approved by the houseof origin after being returned with veto message from the governor, but isnot approved by the other house after reconsideration, then such bill shallnot become law. Thereupon the secretary or chief clerk of such other houseshall prepare a certificate of the failure of such bill, the same to besigned by the secretary and president of the senate or chief clerk andspeaker of the house of representatives, as the case may be. One copy ofsuch certificate shall be appended to the bill to which it applies, and onecopy shall be transmitted to the other house and one copy shall betransmitted to the secretary of state.
(d) If after reconsideration of any bill which has been returned by thegovernor, with his or her veto message, two-thirds of the members thenelected (or appointed) and qualified to the house of origin do not agree topass the bill such bill shall be sent, with the governor's veto message andwith a message from the house of origin which states the action of thehouse of origin thereon. Thereupon, such bill shall not be considered inthe other house, but the message of the house of origin and the vetomessage of the governor, shall be entered in the journal of the otherhouse.
(e) Upon approval of any enrolled bill as provided in this section, thesecretary of the senate or the chief clerk of the other house shall preparea certificate to accompany such enrolled bill. Such certificate shall statethat the enrolled bill has been passed notwithstanding the veto of thegovernor and shall be signed by the secretary and president of the senateand the chief clerk and speaker of the house of representatives. Thereuponthe chief clerk of the house of representatives or the secretary of thesenate shall deliver such enrolled bill, together with such certificate, tothe secretary of state.
Whenever any bill is to become law under the circumstances specified inthis section, the secretary of state shall cause publication to be madethereof as though the enrolled bill had been signed by the governor.
History: L. 1969, ch. 249, § 4; L. 1975, ch. 265, §4; Feb. 3.