Sponsor(s): Sen. Del Marsh

Summary/Synopsis: This bill proposes an amendment to the Constitution of Alabama of 1901, to adopt a new section entitled "Bills Presented to the Governor" and to repeal Sections 125 and 126 of the Constitution of Alabama of 1901, now appearing as Sections 125 and 126 of the Official Recompilation of the Constitution of Alabama of 1901, as amended.

Currently, Section 125 of the Constitution provides that if the Governor fails to return a bill to the house of origin within six days of presentation, Sundays excepted, it becomes a law without the signature of the Governor, unless return is prevented by recess or adjournment. In that case, the Governor must return the bill within two days after the Legislature reassembles, or the bill becomes law without the signature of the Governor. Bills presented to the Governor less than five days before final adjournment may be approved by the Governor within 10 days of adjournment, and if not approved within that time are pocket vetoed.

This proposed amendment would require bills passed by the Legislature be presented to the Governor, and if the Legislature is in session, the bill would become law if the Governor signs or fails to veto it within seven calendar days of presentation. If the Legislature adjourns sine die before presentation or during the seven-day period, the bill would become law if the Governor signs it within 20 calendar days of presentment, otherwise it would be pocket vetoed.

Currently, under Section 125, if the Governor objects to a presented bill, the Governor may veto it and return it to the house of origin, and the Governor may suggest amendments which would remove the objection. The returned bill would be considered, and if approved by a majority of the members elected to each house, the bill with the incorporated amendment would be returned to the Governor for signing. If both houses do not agree to the amendment, the bill could be passed by a vote of a majority of the members elected to each house notwithstanding the veto and the bill would become law. If the house of origin approves the amendment, but the other house does not, the second house would proceed to reconsider the bill as though it had originated in that house.

This proposed amendment would provide that if the Governor vetoes a bill within seven calendar days of presentation, the bill is returned to the house of origin and if two-thirds of the members elected to each house vote for passage, the bill would become law. The proposed amendment would also permit the Governor, within seven calendar days after presentment, to return the bill to the house of origin with an executive amendment. If both houses approve the amendment, the bill as amended becomes law. If either house refuses to approve the amendment or fails to act before sine die, the bill is returned to the Governor and acted upon as if it were before the Governor for the first time, but no further amendment may be recommended.

The proposed amendment would provide, in substantially the same manner as current Section 125, that for each vote, the names of members voting for and against the bill, amendment, or item veto would be entered on the journal and would define a bill for purposes of the constitutional amendment as every vote, order, or resolution to which concurrence of both houses may be necessary, except on questions of adjournment, calling elections, and amending the constitution. The proposed amendment also specifies that resolutions of commendation and sympathy are excepted.

Under current Section 126 of the Constitution, the Governor has power to approve or disapprove any item or items of an appropriation bill embracing distinct items, and the part or parts approved become law and the item or items disapproved are void unless repassed in the same manner as the override of an executive veto, which requires the approval of a majority of the members elected to each house. The vetoed items are specified in a message, but the enrolled bill is not returned.

The proposed amendment would provide, in a substantially similar manner, for an item veto, but would specify that the return of the objections would be within seven calendar days of presentation, unless adjournment sine die prevents return, in which case the disapproved item would be void and not become law. When the message return is prevented by a recess, the message must be returned within two days of reassembling, otherwise, the item or items would become law. If a two-thirds majority of the whole number elected to that house vote for approval of the item or items, the message would be sent to the other house, which, by a two-thirds majority of the whole number elected to that house, could approve the item. Items approved by both houses by such vote would become law, the Governor's veto notwithstanding.
League Action and Justification: LWVAL is monitoring SB 190.

Bill Progress in the Legislature: 1st reading: 1/12/10 and assigned to