TABLE 3.16 Enacting Legislation: Veto, Veto Override and Effective Date
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STATE LEGISLATURES TABLE 3.16 Enacting Legislation: Veto, Veto Override and Effective Date Days allowed governor to consider bill (a) Governor may item veto appropriation bills During session After session State or other Bill becomes law Bill becomes law Bill dies jurisdiction Amount Other (b) unless vetoed unless vetoed unless signed Alabama ★(e) … 6 (f) 10A Alaska ★ … 15 20P Arizona ★ ★ 5 10A Arkansas ★ … 5 20A California ★(i) … 12 (j) 30A Colorado ★ (l) 10P (ggg) 30A (m) Connecticut ★ … 5 15P (o) Delaware ★ … 10P 10P 30A Florida … ★ 7 (ddd) 15P (m) Georgia ★ ★ 6 40A Hawaii (q) ★(r) … 10 (s) 45A (s)(p) 10P (p) Idaho ★ ★ 5 10P Illinois ★ … 60 (m) 60P (m) Indiana … … 7 7P Iowa ★ ★ 3 30A Kansas ★ ★ 10 (m) 10P Kentucky ★ … 10 90A Louisiana (q) ★ ★ 10 (m) 20P (m) Maine ★ … 10 (v) Maryland ★(w) ★ 6 (x) 30P (y) (z) Massachusetts ★ ★ 10 10P 10A Michigan ★ ★ 14 (m) 14P Minnesota ★ (i) 3P 14A, 3P 3A, 14P Mississippi ★ … 5 15P (dd) Missouri ★ … 15 45A Montana (q) ★ ★ 10 (m) 25A (m) Nebraska ★ … 5 5A, 5P (ff) Nevada … … 5 (gg) 10A (gg) New Hampshire … … 5 5P New Jersey ★ … 45 New Mexico ★ ★ 3 (hh) 20A New York ★ … 10 (ii) (ii) 30A North Carolina … … 10 30A North Dakota ★ … 3 15A Ohio ★ ★ 10 10P 10A Oklahoma ★ … 5 (mm) 15A (mm) Oregon ★ … 5 30A (s) Pennsylvania ★ ★ 10 30A Rhode Island … … 6 10P (oo) (oo) South Carolina ★ … 5 (qq) South Dakota ★ … 5 (rr) 15P (rr) Tennessee ★ … 10 (ss) Texas ★ ★(iii) 10 20A Utah ★ … 10P 20A Vermont … … 5 5A (fff) Virginia ★ ★(tt) 7 (m) 30A (uu) Washington ★ ★ 5 20A West Virginia … (i) 5 15A (xx) Wisconsin ★ ★(eee) 6 6P Wyoming ★ ★ 3 15A American Samoa ★ … 10 30A Guam ★ ★ 10 10P 30P (zz) CNMI* ★ ★ 40 (m)(aaa) Puerto Rico ★ … 10 30P U.S. Virgin Islands ★(ccc) ★(ccc) 10 10P 30A See footnotes at end of table 68 The Book of the States 2019 STATE LEGISLATURES TABLE 3.16 Enacting Legislation: Veto, Veto Override and Effective Date (continued) State or other Votes required in each house jurisdiction to pass bills or items over veto (c) Effective date of enacted legislation (d) Alabama Majority of elected body Date signed by governor, unless otherwise specified. Alaska 2/3 elected (g) 90 days after enactment or the specified effective date. Arizona 2/3 elected (h) 90 days after adjournment Arkansas Majority elected 91st day after adjournment California 2/3 elected (hhh) (k) Colorado 2/3 elected 90 days after adjournment (n) Connecticut 2/3 elected Oct. 1, unless otherwise specified. Delaware 3/5 elected Immediately or enactment clause Florida 2/3 members present in each house 60 days after adjournment sine die or on specified date. Georgia 2/3 elected Unless other date specified, July 1 for generals, date signed by governor for locals. Hawaii (q) 2/3 elected Immediately or on the prospective date stated in the legislation. Idaho 2/3 present July 1 Illinois 3/5 elected (g) Usually Jan. 1 of next year (t) Indiana Majority elected (u) July 1, unless otherwise specified. Effective date for bills which become law on or after July 1, 45 days after Iowa 2/3 elected approval, unless otherwise specified. Kansas 2/3 membership Upon publication or specified date after publication Kentucky Majority elected 90 days after adjournment sine die. Unless the bill contains an emergency clause or special effective date. Louisiana (q) 2/3 elected Aug. 1 Maine 2/3 elected 90 days after adjournment unless enacted as an emergency. Maryland 3/5 elected (aa) June 1 (bb) Massachusetts 2/3 present 90 days after enactment Michigan 2/3 elected and serving Immediate effect if vote of 2/3 elected and serving. 90 days after adjournment, if immediate effect not given. Minnesota 2/3 elected—90 House; 45 Senate Aug. 1 (cc) Mississippi 2/3 elected July 1 unless specified otherwise. Missouri 2/3 elected Aug. 28 (ee) Montana (q) 2/3 present Oct. 1 (cc) Nebraska 3/5 elected 90 days following adjournment sine die. Unless bill contains an emergency clause. Nevada 2/3 elected Oct. 1, unless measure stipulates a different date. New Hampshire 2/3 present 60 days after enactment, unless otherwise noted. New Jersey 2/3 elected Dates usually specified 90 days after adjournment unless other date specified. General appropriations acts or emergency clauses passed by New Mexico 2/3 present 2/3 present take effect immediately. New York 2/3 present 20 days after enactment unless otherwise prescribed in the bill. North Carolina 3/5 elected 60 days after adjournment North Dakota 2/3 elected (jj) Ohio 3/5 elected (kk) 91st day after filing with secretary of state. (ll) Oklahoma 2/3 elected 90 days after adjournment unless specified in the bill. Oregon 2/3 present Jan. 1st of following year. (nn) Pennsylvania 2/3 majority 60 days after signed by governor Rhode Island 3/5 present Immediately (pp) South Carolina 2/3 vote of the members present and voting Date of signature South Dakota 2/3 elected July 1 Tennessee Constitutional majority 40 days after enactment unless otherwise specified Texas 2/3 present 90 days after adjournment unless otherwise specified Utah 2/3 elected 60 days after adjournment of the session at which it passed. Vermont 2/3 present July 1 unless otherwise specified. Virginia 2/3 present (vv) July 1 (ww) Washington 2/3 present 90 days after adjournment West Virginia Majority elected 90 days after enactment Wisconsin 2/3 present Day after publication date unless otherwise specified Wyoming 2/3 elected Specified in act American Samoa 2/3 elected 60 days after adjournment (yy) Guam 10 votes to override Immediately (bbb) CNMI* 2/3 elected Upon signing by the governor. Puerto Rico 2/3 elected Specified in act U.S. Virgin Islands 2/3 elected Immediately See footnotes at end of table The Council of State Governments 69 STATE LEGISLATURES TABLE 3.16 Enacting Legislation: Veto, Veto Override and Effective Date (continued) Source: The Council of State Governments’ survey, January 2019 (q) Constitution withholds right to veto constitutional amendments and state websites 2019. proposed by the legislature. *Commonwealth of Northern Mariana Islands (r) Governor can also reduce amounts in appropriations bills. In Key: Hawaii, governor can reduce items in executive appropriations ★—Yes measures, but cannot reduce or item veto amounts appropriated …—No for the judicial or legislative branches. A—Days after adjournment of legislature. (s) Except Sundays and legal holidays. In Hawaii, except Saturdays, P—Days after presentation to governor. Sundays, holidays and any days in which the legislature is in recess (a) Sundays excluded, unless otherwise indicated. prior to its adjournment. In Oregon, if the governor does not sign (b) Includes language in appropriations bill. the bill within 30 days after adjournment, it becomes law without (c) Bill returned to house of origin with governor’s objections. the governor’s signature, Saturdays and Sundays are excluded. (d) Effective date may be established by the law itself or may be other- (t) Effective date for bills which become law on or after July 1: A bill wise changed by vote of the legislature. Special or emergency acts passed after May 31 cannot take effect before June 1 of the follow- are usually effective immediately. ing year unless it states an earlier effective date and is approved by (e) The governor may line item distinct items or item veto amounts 3/5 of the members elected to each house. in appropriation bills, if returned prior to final adjournment. (u) Varies with date of the veto. (f) Except bills presented within five days of final adjournment, (v) “If the bill or resolution shall not be returned by the governor Sundays are included. within 10 days (Sundays excepted) after it shall have been pre- (g) Different number of votes required for revenue and appropriations sented to the governor, it shall have the same force and effect as if bills. Alaska—3/4 elected. Illinois—Only the usual majority of members the governor had signed it unless the Legislature by their adjourn- elected is required to restore a reduced item. ment prevent its return, in which case it shall have such force and (h) Several specific requirements of 3/4 majority. effect, unless returned within 3 days after the next meeting of the (i) Line item veto. same Legislature which enacted the bill or resolution; if there is (j) For a bill to become law during session, if 12th day falls on a Sat- no such next meeting of the Legislature which enacted the bill or urday, Sunday, or holiday, the period is extended to the next day resolution, the bill or resolution shall not be a law.” (excerpted that is not a Saturday, Sunday, or holiday. from Article IV, Part Third, Section 2 of the Constitution of Maine). (k) For legislation enacted in regular sessions: January 1 of the fol- (w) The governor cannot veto the budget bill but may exercise a lowing year. Urgency legislation: immediately upon chaptering by total veto or item veto on a supplementary appropriations bill. In Secretary of State. Legislation enacted in special session: 91st day practice this means the governor may strike items in the annual after adjournment of the special session at which the bill was general capital loan bill. Occasionally the governor will also veto a passed. bond bill or a portion of a bond bill. (l) The governor may not line-item veto any portion of any bill (includ- (x) If a bill is presented to the governor in the first 83 days of ses- ing appropriation clauses in bills) other than line items in the Long sion, the governor has only six days (not including Sunday) to act Appropriations Bill.