Bills signed by governor more than ten days after they were presented to him

MAINE STATE LEGISLATURE The following document is provided by the LAW AND LEGISLATIVE DIGITAL LIBRARY at the Maine State Law and Legislative Reference Library http://legislature.maine.gov/lawlib Reproduced from scanned originals with text recognition applied (searchable text may contain some errors and/or omissions) ' RCCi-LUU> S. Com.rn ATTORNEY GENERAL STA.TE OF ~ L:UXE AUGUSTA.I-~r. 04333 James s. Henderson Deputy Secretary of State State Office Building Augusta, Maine 04333 Dear Mr. Henderson July 10, 1979 STEPIIt•:N L.DlA:-w:-;o JoH~ S. Gu:.Aso;:,, <JOH~ ~I,l{,l>,\T.F.WSO~ HoHEHT <T. S-ror.T DEPUTY ATTORNEY::; GENF.RAL This is in response to your ingulry as to whether certain bills signed by the Governor r.:.ore than ten days after they ·were presented to him have been ap?roved in accordance with art. IV, pt. 3, section 2 of the Constitution so that they may be issued public law chapter numbers. We answer in the ne~Jat:Lve. As we understand them, t;:e, facts prompting your question are as follows: '.rhe first regular session of the 109th Le9is- lature enacted certain bills a..'1.d· presented them to the Governor for approval and signature. ':'hese bills werE:~ "AN l\C'r to Clarify the Administration of tr.e D2partm2nt: of .Manpower A:::'f<1irs" (H.P. 1470 - L.D~ 1658), "AN ACT to P:cotect Subcontractors :from Non- payment on· Certain Contracts ·,.;i th the Department of 'rransporta- tion (S.P. 594 - L.D. 1667), and "AN ACT Concerning Ab 11se Betwee·n Family or Household Members" (H.P. 910 - L.D. 1133). All 0£ these bills were nonemergency legislation. Each was finally enacted in the Senate and presented to the Governor on June B, 1979. The Legislature then adjourned without day on June 15, 1979, before the Governor had taken action on the bills. The Governor signed two of these ;)ills on June 22, 1.979 and the third on June 25, 1979. Two important points eme::-ge from the recitation of fact.s set out above. First, the Legislature adjourned without day less than ten days after each of the bills was presented to the Governor. Second, the Go7ernor signed each of the bills more than ten days (except Su~days) after it was presented to him. The ultimate question, then, is whether the Governor may approve bills more than ten days (except Sundays) after they have been presented to him if the Legislature has finally adjourned befoi:e the ten-day period has elapsed. This specif :Le .i.nquiry has been addressed in two previous Opinions of the Attorney James S. Henderson Pa~Je ~L'wo July 10, 1979 General, copiGs of which are enclosed. Both of those opinions conclude that the Governor may not approve a bill more than ten days after its presentation to him even if the Legislature finally adjourns while the ten-day period is still running.* Accordingly, the purported approval of these bills ~y thu Governor has no force and effect, and your office should not assign them public law chapter numbers at the present time. We should note that the bills under consideration will become law if the Governor does not return them to the 109th Legislature within three days after its n8xt meeting. Please feel free to contact me if I can be of any further service . . RSC :ks Enclosures * Subsequent to the issuance of the enclosed opinions, art. IV, pt. 3, section 2 of the Maine Constitution was mnencled to exterid the time for gubernatorial. approval of legislation from five to ten days. That change in no way affects the rationale underlying our prior opinions. Steven n .. Shaw.i, Adroi:nist.rative Asai.=it..:mt. St.atG Bouse August:a~ .iYiaine You have as;,,aa., '1 .. tvhether or not after t:he udjou:i:nmont · of t'ho Legi.eJ.atur:a it ii3> t.'.he Gove:i:uo:.:'•3 prerogat:l.vo ·co :rovi01,..I the pending legislation -without t.ime limit~ition until tho next mee·ting of t'ha Legi.sla·t.u:ra., o:t: do ·cha UesoJ.ves .:i.nd Acta become lo.w not.wi·.t::.hstancling 'his oignatu:ce., aftex- o:<pir~tion of tho ti....""1.0 limit.~'tion of f'iva qJ:ys., as ~el':. :coZ'.t~1 i:n Section .2 rei.:e:cred to abova .. i, .. We answer ;your fi.?:et. ,:rues·l;.io.n in the :oogat,ive.. It is our opi..'1-}io:n. that. t:ha Gover..oo;c mu.at aign thos-a Billa ~d rie.uoJ.voo., presented to him a.fta;;- acljo~·.t. of t.ho legi~l:::i.tiva, within 5 days after t."'la;c p:c~~t~'i;io~. I.f ua doe.!l :riot <lo r.;o-> tl\on t11.ose Billa and. neaolves left \Ul.Signed .sball havt;j t:he fo::i:ce and ef feet as if he had sig:aed t:hP..m, un 1.e..qs returned wit.bin :l cl-'ly:;1 ~ftsr the J:1e:xt ro,et;lti.ng of ·the J.egisl.:i·tu:r~.. (Ha:l.:no Co.n.stit.t.\tion Ar:ticJ.e iv:, l?-il.J:t. 'l"l',a..u:cl-> Saction 2.) 0 .... (W)he.u the.re is no e~pre.saed con~ti·tutio:nci.l proviu:Lon; most jurisdictions had held 'th.:.\·t. the ~-:ecutivo ln.:lY .:i.pprovo a bil·l aft.e.r ~jo~t if ha do~ so wit.11in th.a time specified :E9r fail:u:re to return." yob.1mo .1.s Sou t'l:i..£El,'.'.J.l(1 . ,.s►t<1't.'l1·r..o~l Construction i Section 1505. In ref~~ence to similar wording as our own constitution~ P~ofcsaor Alon.z.o H. 'l'uttl.e ~aid :in the Ohio Stato Univornity L~w Journal~ Vol'Ur.le 31 No. 3~ June~ 1937; "!•lany cour·ts • "' .. hi;l.VS construed tbese cl.uu~es a.a still <Jiving the E..."scutiva the power to sign bills a~tor such adjour.o.mcri-t.,. but only by analoS'.r wi·thin tho time provided for such oigni.."l'lg while t+~a legislilture +s ;Ln ues3ion .. " Steven D. Shaw June 26,. 1963 We interpi;et oection 2 as followai If a ~ill or ReSolve iG pasaed by both house~ of the legisla- ture it becoi:nea law~ (l.) When approved and signed by the Governor within 5 days of presentation to him. (2) When the 1egislatu.re being in eeaBion, the Governor f~ilo to ~ign ~~ch ~ill or Resolve within the 5 days after pre~ontation~ (3) When afte. being :returned to the.l.egialature within the 5 days i·t. is paased by the x-equisite majoritiea over his objection-'J .. (4) When.,, if the seasion of the legisl.ature terminates by an l adjour.nmeut bafore the expiration of th.a 5 daya, he fail~ to return the bill with hia objectiona. within 3 day~ aftor their n~ct meeting. Second queation;. "2. Will you also ltindly advi!J.e the Covornor as t..o whether or not the five day provision for the Governo.r•o consideration of a Bill or aesol.ve includ.es tho day. of rccoipt of t11e Act, or does the five day period bc9'il'l the d~y followinu., for a pr~riod of five d~ya., Sundaya excepted.•• 'l'he law seems clear that· in conntruing t11e 5 day J?eriod in Article IV, Part Tbi.rd., s·ection 2 of tho Maine Cons.titution., t.:l.mo shall start the day foll.owing the pr~sent.-'"ltion of th~ ··Bill or no- solve to the GoveX"nor, Sundal,a except.ad.. There ia numorou..F; l.::.w 011 this point and this office has previoualy issued .:t.n opinion to Governor Frede.rick Payne whereby the same conclusion wn:1 roacl1cd. FBH:li Very truly your:l, Frank E. :Hancock Attorney General .. ' _.-:-,;: -1; ·. ' . : \ ' ' • /' .,,,,,,,...\J J. I:\. 1 r:,,1.1 \_J 1- l.Vl..n..J..J. ~ J..'., <.- • -A-v-7 I fT,'?J. ~. ~ Intcr-Departm.dncal ~emorandun1 May 7, 1976 Dat\!----=----·-·--- J·ames l3. Long lcy, Governor :Executive D,p,. _____ ~------------ ' o~p,. ___ A_t_t_o_r_n_e..;.y_G_c_-_n_c_r_a_l _____ _ ~n _),~, Gtlbornatorial Approval of Leg is lat ion - 'l. 1iming h/~I. • •1~(if:-opin1onRegu .. lrst-,;r,ray~--'j'"I, crr::,.,7c::-,------------------ SYLLABUS: . ' In order to have a legislative enactment become law with gubernatorial approval, the Gov~r~or must sign tho enactment within five days of the time he·r6ceives i~, even if the Legis- lature adjourns in the interim. Bills and resolves which are loft. unsigned by the Govornor 'af'l:,or lcgi.olativo adjournmon.t do not. become l~M at that timo, but may become affective at a l"'-tcr date depending upon future action of the Legislature and the Governor. If the same Legislature which passed such enactment lat.ox- reconvenes, tho Govox-nor must be a,llowed thX'oo cluy~ while the Legislature is in session, dux-ing which period he may exercise his veto.· If :the Legislature stays in session less than three days and the enactment ~as not been returned, the Govcx-nor • s 11pocket-:-ve~o" will remain effect.ive. FACTS: f.l'he 107th Legis_lature cnactecl cex-tain'·bills ancl prosont.ccl them to the Govex-nor for approval and signature. The Legislature then adjou.x:ned without·day, before t.he Governor took action on the bills and within f ivo dayD after presentation of tho bills t.o t.ho Govex-nor. The constitutional provision governing thit; ~itu,lt.ion is Art. 4, Pt. 3, § 2, Constitution of Maine, which reads, in pex-tinent part.. ' "If the bill or resolution. shall not be retUX!ned by the Govex-nor within five days '(Sundays excepted) after it shall have been presented to him, it shall have the same force and effect, as if he had signed it unless tho• :LJlgislature by their adjourn- ment prevent itu return, in which ca:..o it shall have such force and effect, unless x-eturned within three days after the next. mooting of 1;ho same I;::::';/islature which enacted the bill or resolution, if there is no such next meeti~~ of .the Legislature which enacted the bill or resolution, the bill or resolution sha :i.l not be il law .. " :i \ , ·· ·-,.-;ov. James n. Long loy _?'cl0'3 2 ,, ~<.:l:/ 7, 19./6 C• CES'l' IONS: l.. Must the Governor sign s·.:..::h bill within fivo days after it was presented to hi:r., in order for such bill to becomC;l law wi~h tho GOV{.:::':'\or•s approval? 2. If th~ answer to the firs~ question is affirmative, what is the status of t:-.ose bills left unsigned? 3. If the next meeting of t~g l:£.gislature lasts for less than three days, would such session activate that provision of Art. r.v, Pt. 3, '§ 2, Constitution of· Maine, which provi9as in ?art th<lt such un:::.ignocl bills shall become law ii not returned to the Legislature." ••.• withi:i. three day~ after the next meeting of the ~gislature which enacted tho.bill ••• ?" .?.N5NERS AND REASONS : ' . (l) 'l 1hc answer to the first question is affirmative. 'l'his office has previously expressed the opinion that the Governor may approve a legislative enactment after the Legislature had adjourned, so long as he signs the bill withi:1 five days from tho tirnc it. w~u received from the Legislature. Opinion of the Attorney General, June 26, 1963. We have· reviewed this prior opinion in light of the amendment to Art. r.v, P'l: .• 3, § 2, adopted in 1973, and we reaffirm tho opinion. :C:l: the Governor intends to affirmatively approve an act by signing it, he must do so within five days of the timo ho receives it, regardless of whether the Legislature.adjourns durinc; this period. · , , ·· (2) ~he answer to the secon~ question io that those billLJ left unsigned where the Legislature adjourned prior t.o expiration of the five-day period do not beco~e law, but retain a potential for future effect'depending upon subsequent events. If the Lo9i~- laturc originally prevented l:eturn of tho bil.l by acljourninCJ, i.o., prevented gubernatol:ial veto at that time, t.p.cro aro fou;c pu.:.;.:.;i'J..>lu results under Art.· xv, P~. 3, § 2, as. follows; A. I.f that same Legislatura does not meet again,· tho bill or resolutio~ would not become law. B. If that same Legislature :i.oes meet again and the Govornox- does not then return the ';)ill or roso.lution with his vct.o me~s~ge within the = ;.rst thl.~ee day~ of. th~·l:: session, it becomes lc:lw w.:.:~h no fur'l:.hor action. .. ' "Gov. Jam0s B. Longll.:ly , '1,a9c 3 :•lc.lY ·1, 1,9·16 c. D. lf that. s<.lmo w~isluturc dous moo·t;. a9c.>.in 4ln.d t.hc.: Governor does ret1.1rn thG bill within three days., the Legislature could vo-:.~ to override the veto, in which case the bill or resolve would become law. If t.here arc tho same circumstances as in #3, but tho Legislature ·does.not override the veto or fails to act, the bill or resolve would not become·law. An analysis of the possibilities just listed indicates that the future of such unsigned bills depends largely upon whether there is another meeting of the Legislature which passed them. Therefore, these bills are in a state of suspended effect, pending possible future ac·tion of the Legislature .and J;he Governor. · (3) The answer to thq third question is na'J±,ivo. ~tis our opinion that the term" .... no s~ch next mooting ••• ," ~s usocl in the last proviso of Art. IV, Pt. 3, § 2, as amended, must be interpreted to refer to a session of sufficient duration to allow the Governor three days in which to submit his voto, if that is his decision. Therefore, if the sa~e Legislature which passed~ bill or resolution meets again, but such session ·1asts less th~n three days, and if during this period the Governor does not exercise his formal veto power, tho unsigneil hill or rosolution would still·not become law. Stated differently, the Logislaturo must stay in session for at least three days in ordor to preempt the Governor's "pocket-veto," if the Governor declines t.o C:1:x:orcisa ) a direct veto. · There is little legislative history of record to 9ivo guidancu in construing the 1973 amenclment to Art. lV, P·t. 3, § 2 • Howavor, one comment indicated an intent' to give the Governor " "poc.:kot-vut.o" and clarify the reference to the next meeting of the Legislature which passed tho bill or resolution. L.R., House, April 27, 1973, p. 2080. Consideration'of an unsigned enactment of ono I.t:lui~l~turo would not carry over to the regular session of the noxt Le9islaturo. Thero was also an indicated intent that tho Governor would continua to have three days once the same .~9isl1:.uro roconvoncs, in which to exercit:..o his. veto. This -throc-c:iay period would allow tho Governor time in which to decide whother to exercise his voto ?OWer in light of circumstances then existing. In this regard, the threo-day }?eriod serves the s~:.,.e function as't:.he .fivo-dily ?er iod allowe.:i. the Governor to co:-.s idor his app.rova l when he receives legi~lation in the middla of a session. Therefore, our opinion is 'based on consistenc:i· of interpretation as well as the available l~9;slative history.