Veto Session
Amends
Article V. Executive
Section 6. Presentation of bills; powers of Governor; vetoes and amendments
Summary
This measure revises the procedures for the previously established veto session, where the General Assembly responds to vetoes and amendments proposed by the Governor.
Shall the Constitution of Virginia be amended to revise the procedures followed (1) by the Governor to veto or propose amendments to bills passed by the General Assembly and (2) by the General Assembly in response to the Governor’s vetoes or proposed amendments?
- First resolution – SJR297 – 1993
- Second resolution – SJR26 – 1994
- Referendum legislation – SB103 – 1994
Article V. Executive
Section 6. Presentation of bills; powers of Governor; vetoes and amendments
Every bill which shall have passed the Senate and House of Delegates shall, before it becomes a law, be presented to the Governor. If he approve, he shall sign it; but, if not, he may return it with his objections to the house in which it originated, which shall enter the objections at large on its journal and proceed to reconsider the same. If, after such consideration, two-thirds of the members present, which two-thirds shall include a majority of the members elected to that house, shall agree to pass the bill, it shall be sent, together with the objections, to the other house, by which it shall likewise be reconsidered, and if approved by two-thirds of all the members present, which two-thirds shall include a majority of the members elected to that house, it shall become a law, notwithstanding the objections; provided, however, if the General Assembly has adjourned from a regular or special session pending a reconvened session, and the Governor has objections to any bill presented to him or has refused to sign such bill from such session, he shall return such bill to the Clerk of the House from which the bill originated pending the reconvened session, as provided by Article IV, Section 6, and such bill shall be considered by such reconvened session.
The Governor shall have the power to veto any particular item or items of an appropriation bill, but the veto shall not affect the item or items to which he does not object. The item or items objected to shall not take effect except in the manner heretofore provided in this section as to bills returned to the General Assembly without his approval.
If the Governor approve the general purpose of any bill but disapprove any part or parts thereof, he may return it, with recommendations for its amendment, to the house in which it originated, whereupon the same proceedings shall be had in both houses upon the bill and his recommendations in relation to its amendment as is above provided in relation to a bill which he shall have returned without his approval, and with his objections thereto; provided that, if after such reconsideration both houses, by a vote of a majority of the members present in each, shall agree to amend the bill in accordance with his recommendation in relation thereto, or either house by such vote shall fail or refuse to so amend it, then and in either case the bill shall be again sent to him, and he may act upon it as if it were then before him for the first time; provided further, that if the Governor so return any bill to a reconvened session and (i) a majority of the members present in each house shall agree to amend the bill in accordance with his recommendation, the bill as amended shall become law or (ii) two-thirds of all the members present in each house, which two-thirds shall include a majority of the members elected to that house, shall agree to the bill in the form originally sent to the Governor, the bill shall become law.
In all cases above set forth, the names of the members voting for and against the bill or item or items of an appropriation bill, shall be entered on the journal of each house.
If any bill shall not be returned by the Governor within seven days after it shall have been presented to him, the same shall be a law in like manner as if he had signed it, unless the General Assembly shall, by adjournment from a regular or special session, pending a reconvened session, prevent such return; in which case it shall be a law if approved by the Governor, in the manner and to the extent above provided, within thirty days after such adjournment. If the General Assembly in a reconvened session shall have been unable (i) by a majority of the members present in each house to agree to amend a bill returned by the Governor in accordance with his recommendation and (ii) by two-thirds of all members present in each house, which two-thirds shall include a majority of the members elected to that house, to agree to the bill in the form originally sent to the Governor, it shall be returned to the Governor and shall become a law only if approved by the Governor, in the matter and to the extent above provided, within thirty days after adjournment of the reconvened session, but not otherwise.
(a) Every bill which passes the Senate and House of Delegates, before it becomes law, shall be presented to the Governor.
(b) During a regular or special session, the Governor shall have seven days in which to act on the bill after it is presented to him and to exercise one of the three options set out below. If the Governor does not act on the bill, it shall become law without his signature.
(i) The Governor may sign the bill if he approves it, and the bill shall become law.
(ii) The Governor may veto the bill if he objects to it by returning the bill with his objections to the house in which the bill originated. The house shall enter the objections in its journal and reconsider the bill. The house may override the veto by a two-thirds vote of the members present, which two-thirds shall include a majority of the members elected to that house. If the house of origin overrides the Governor’s veto, it shall send the bill and Governor’s objections to the other house where the bill shall be reconsidered. The second house may override the Governor’s veto by a two-thirds vote of the members present, which two-thirds shall include a majority of the members elected to that house. If both houses override the Governor’s veto, the bill shall become law without his signature. If either house fails to override the Governor’s veto, the veto shall stand and the bill shall not become law.
(iii) The Governor may recommend one or more specific and severable amendments to a bill by returning it with his recommendation to the house in which it originated. The house shall enter the Governor’s recommendation in its journal and reconsider the bill. If both houses agree to the Governor’s entire recommendation, the bill, as amended, shall become law. Each house may agree to the Governor’s amendments by a majority vote of the members present. If both houses agree to the bill in the form originally sent to the Governor by a two-thirds vote of all members present in each house, which two-thirds shall include a majority of the members elected to that house, the original bill shall become law. If the Governor sends down specific and severable amendments then each house may determine, in accordance with its own procedures, whether to act on the Governor’s amendments en bloc or individually, or any combination thereof. If the house of origin agrees to one or more of the Governor’s amendments, it shall send the bill and the entire recommendation to the other house. The second house may also agree to one or more of the Governor’s amendments. If either house fails to agree to the Governor’s entire recommendation or fails to agree to at least one of the Governor’s amendments agreed to by the other house, the bill, as originally presented to the Governor, shall be returned to the Governor. If both houses agree to one or more amendments but not to the entire recommendation of the Governor, the bill shall be reenrolled with the Governor’s amendments agreed to by both houses and shall be returned to the Governor. If the Governor fails to send down specific and severable amendments as determined by the majority vote of the members present in either house, then the bill shall be before that house, in the form originally sent to the Governor and may be acted upon in accordance with Article IV, Section 11 of this Constitution and returned to the Governor. The Governor shall either sign or veto a bill returned as provided in this subsection or, if there are fewer than seven days remaining in the session, as provided in subsection (c).
(c) When there are fewer than seven days remaining in the regular or special session from the date a bill is presented to the Governor and the General Assembly adjourns to a reconvened session, the Governor shall have thirty days from the date of adjournment of the regular or special session in which to act on the bills presented to him and to exercise one of the three options set out below. If the Governor does not act on any bill, it shall become law without his signature.
(i) The Governor may sign the bill if he approves it, and the bill shall become law.
(ii) The Governor may veto the bill if he objects to it by returning the bill with his objections to the house in which the bill originated. The same procedures for overriding his veto are applicable as stated in subsection (b) for bills vetoed during the session.
(iii) The Governor may recommend one or more specific and severable amendments to a bill by returning it with his recommendation to the house in which it originated. The same procedures for considering his recommendation are applicable as stated in subsection (b) (iii) for bills returned with his recommendation. The Governor shall either sign or veto a bill returned to him from a reconvened session. If the Governor vetoes the bill, the veto shall stand and the bill shall not become law. If the Governor does not act on the bill within thirty days after the adjournment of the reconvened session, the bill shall become law without his signature.
(d) The Governor shall have the power to veto any particular item or items of an appropriation bill, but the veto shall not affect the item or items to which he does not object. The item or items objected to shall not take effect except in the manner provided in this section for a bill vetoed by the Governor.
(e) In all cases set forth above, the names of the members voting for and against the bill, the amendment or amendments to the bill, or the item or items of an appropriation bill shall be entered on the journal of each house.
https://law.lis.virginia.gov/constitution/article5/section6/
