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Ga. Const. art. III, § V, ¶ XIII — Approval, veto, and override of veto of bills and resolutions | Georgia Constitution

CONSTITUTION OF THE STATE OF GEORGIA

ARTICLE III. LEGISLATIVE BRANCH

Paragraph XIII. Approval, veto, and override of veto of bills and resolutions.

(a) All bills and all resolutions which have been passed by the General Assembly intended to have the effect of law shall become law if the Governor approves or fails to veto the same within six days from the date any such bill or resolution is transmitted to the Governor unless the General Assembly adjourns sine die or adjourns for more than 40 days prior to the expiration of said six days. In the case of such adjournment sine die or of such adjournment for more than 40 days, the same shall become law if approved or not vetoed by the Governor within 40 days from the date of any such adjournment.

(b) During sessions of the General Assembly or during any period of adjournment of a session of the General Assembly, no bill or resolution shall be transmitted to the Governor after passage except upon request of the Governor or upon order of two-thirds of the membership of each house. A local bill which is required by the Constitution to have a referendum election conducted before it shall become effective shall be transmitted immediately to the Governor when ordered by the presiding officer of the house wherein the bill shall have originated or upon order of two-thirds of the membership of such house.

(c) The Governor shall have the duty to transmit any vetoed bill or resolution, together with the reasons for such veto, to the presiding officer of the house wherein it originated within three days from the date of veto if the General Assembly is in session on the date of transmission. If the General Assembly adjourns sine die or adjourns for more than 40 days, the Governor shall transmit any vetoed bill or resolution, together with the reasons for such veto, to the presiding officer of the house wherein it originated within 60 days of the date of such adjournment.

(d) During sessions of the General Assembly, any vetoed bill or resolution may upon receipt be immediately considered by the house wherein it originated for the purpose of overriding the veto. If two-thirds of the members to which such house is entitled vote to override the veto of the Governor, the same shall be immediately transmitted to the other house where it shall be immediately considered. Upon the vote to override the veto by two-thirds of the members to which such other house is entitled, such bill or resolution shall become law. All bills and resolutions vetoed during the last three days of the session and not considered for the purpose of overriding the veto and all bills and resolutions vetoed after the General Assembly has adjourned sine die may be considered at the next session of the General Assembly for the purpose of overriding the veto in the manner herein provided. If either house shall fail to override the Governor's veto, neither house shall again consider such bill or resolution for the purpose of overriding such veto.

(e) The Governor may approve any appropriation and veto any other appropriation in the same bill, and any appropriation vetoed shall not become law unless such veto is overridden in the manner herein provided.

1976 Constitution.

- Art. V, Sec. II, Para. VI.

OPINIONS OF THE ATTORNEY GENERAL

Effect of governor's veto of appropriations.

- Appropriations veto power of Governor may be exercised only with respect to General Assembly's statement of the amount of the authorized expenditure and the purpose for which it is authorized; effect of such veto is to reduce, by the amount vetoed, the larger appropriation in which the specific appropriation is included. 1973 Op. Att'y Gen. No. U73-94.

Exercise of the veto power under the Georgia Constitution against amended appropriation leaves intact the prior appropriation for that purpose. Veto of an additional appropriation in an Act amending a General Appropriations Act renders ineffectual that appropriation. 1974 Op. Att'y Gen. No. U74-36.

Application.

- The effect of the governor's veto of the Cooperative Educational Services language was to arrest the operation of Act No. 1379 to Ga. L. 1973, p. 1353, § 27 insofar as it purported to amend the prior language authorizing an expenditure of funds for that purpose, thus leaving intact the prior appropriation. 1974 Op. Att'y Gen. No. U74-36.

Governor's veto of state fund appropriations in Section 23 (B) (1) of General Appropriations Act for Fiscal Year 1975, Ga. Laws 1974, p. 1508, was proper and reduced the total appropriations to the Department of Labor. 1974 Op. Att'y Gen. No. U74-98.

The governor's veto of Ga. L. 1974, pp. 1508 and 1576 eliminated the authorization for the Department of Labor to expend the specified amounts for those purposes designated as "Basic Employment Security" and necessarily reduced the total appropriation to the Department of Labor by that amount. 1974 Op. Att'y Gen. No. U74-98.

General law may not be conditioned on referendum.

- Although the General Assembly has the broad authority to condition the effectiveness of a law upon a subsequent event, it may not delegate its ultimate responsibility to make decisions on fundamental legislative issues. Therefore, the General Assembly may not enact a general law which by its terms conditions its effectiveness upon approval by the voters at a statewide referendum. 1993 Op. Att'y Gen. No. 93-5.

Limitation on veto of individual appropriations.

- The Governor's power to veto individual appropriations does not include the power to reduce an appropriation. 2000 Op. Att'y Gen. No. U2000-2.