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Enron Mail |
Legal status of SBX2 18
-----Original Message----- From: Aaron Thomas [mailto:aaron.thomas@aesmail.com] Sent: Friday, October 19, 2001 6:18 PM To: 'Norman Plotkin'; arem@electric.com Subject: RE: SBX2 18 Or, he is working on the override votes? -----Original Message----- From: Norman Plotkin [mailto:nplotkin@rcsis.com] Sent: Friday, October 19, 2001 6:17 PM To: arem@electric.com Subject: SBX2 18 Greetings: On the subject of SBX2 18, this is where it stands: I. Article IV Section 10(b)(3) of the Cal. Const. states that any bill presented to the Governor that is not returned within 12 days becomes a statute. So, the Governor has 12 days to sign or veto a bill; unless ... II. Section 10(b)(1) says that any non-reapportionment bill passed by the Legislature on or before the date of adjournment for interim recess that arrives to the Gov. after the adjournment, that is not returned within 30 days becomes a statute. So bills passed in the last week, that because of the enrollment process do not find their way to the Gov. until after adjournment have 30 days. III. Section 10(b)(1) does not apply to Extraordinary Session bills- they always have 12 days to be signed or vetoed. However, the clock does not begin ticking until the Gov. receives the bill. This last point is the kicker. Burton is still holding the bill in Enrollment. So it can remain there until: 1. Burton frees it from Enrollment and sends it to the Gov. at which time it has 12 days to be signed or vetoed; 2. The Legislature returns either sometime this fall or in Jan. and forces the bill by motion to the Gov. (not likely); 3. The Legislature returns and adjourns the Snd Ex Session. For all intents and purposes the bill is dead ... the Gov has indicated it would be vetoed and so Burton has held it. Burton is either holding it to save it from a certain veto, or waiting to send it until a possible shifting in the political sands.
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