CONSTITUTION OF THE STATE OF GEORGIA

ARTICLE V. EXECUTIVE BRANCH

Paragraph IV. Veto power.

Except as otherwise provided in this Constitution, before any bill or resolution shall become law, the Governor shall have the right to review such bill or resolution intended to have the effect of law which has been passed by the General Assembly. The Governor may veto, approve, or take no action on any such bill or resolution. In the event the Governor vetoes any such bill or resolution, the General Assembly may, by a two-thirds' vote, override such veto as provided in Article III of this Constitution.

1976 Constitution.

- Art. V, Sec. II, Paras. VI, VII.

Cross references.

- Veto effective against bills passed by two-thirds vote of General Assembly, Ga. Const. 1983, Art. III, Sec. V, Para. XI.

Veto ineffective against proposed Constitution changes, Ga. Const. 1983, Art. X, Sec. I, Para. V.

Effective date of Acts, §§ 1-3-4,1-3-4.1.

Law reviews.

- For article, "History of the Veto Power in Georgia," see 8 Ga. St. B.J. 513 (1972).

JUDICIAL DECISIONS

When bill has been approved, it becomes operative from that date. Walker v. City of Rome, 16 Ga. App. 817, 86 S.E. 658 (1913).

Approval by operation of this paragraph as affecting time of expression of legislative intent.

- An Act not approved by the Governor, but which became effective by operation of this paragraph on April 12, must be considered as being a later expression of the legislative intent than an Act passed at the same session, approved on April 10 of the same year, the effective date of which was July 1 of the next year. Gunn v. Balkcom, 228 Ga. 802, 188 S.E.2d 500 (1972) (see Ga. Const. 1983, Art. V, Sec. II, Para. IV).

Last approved Act of several inconsistent Acts passed on same day controls. Wright v. Overstreet, 122 Ga. 633, 50 S.E. 487 (1905); County of Butts v. Strahan, 151 Ga. 417, 107 S.E. 163 (1921).

Right to veto bill after adjournment based on practice of past executives. Solomon v. Commissioners of Cartersville, 41 Ga. 157 (1870); Temple Baptist Church v. Georgia Term. Co., 128 Ga. 669, 58 S.E. 157 (1907).

Publication of Act in newspaper is unnecessary. Epstin v. Levenson & Co., 79 Ga. 718, 4 S.E. 328 (1887).

Cited in Maddox v. Fortson, 226 Ga. 71, 172 S.E.2d 595 (1970); Keener v. MacDougall, 232 Ga. 273, 206 S.E.2d 519 (1974).

OPINIONS OF THE ATTORNEY GENERAL

Veto power does not permit Governor to change effective date of Act of the General Assembly from one fixed in Act. 1945-47 Op. Att'y Gen. p. 296.

Effect of partial approval of appropriation bill.

- The Governor may approve or disapprove any part of an appropriation bill, even though they all are included in the same Act; the parts given approval will be valid and the parts disapproved will be invalid. 1945-47 Op. Att'y Gen. p. 628.

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. 2000-2.

RESEARCH REFERENCES

Am. Jur. 2d.

- 73 Am. Jur. 2d, Statutes, § 30 et seq.

C.J.S.

- 82 C.J.S., Statutes, § 54 et seq.

ALR.

- Vote necessary to pass bill over veto, 2 A.L.R. 1593.

Computation of time allowed for approval or disapproval of bill by governor, 54 A.L.R. 339.

Power of executive to sign bill after adjournment, or during recess of Legislature, 64 A.L.R. 1468.

Is Sunday to be included in computation of period within which bill must be presented to governor?, 71 A.L.R. 1363.

Validity and effect of provision of appropriation bill subjecting expenditure or payment of amounts appropriated to approval of Governor or other officer not otherwise authorized, 91 A.L.R. 1511.

Disapproval by governor of a bill in part or approval with modifications, 99 A.L.R. 1277.

Validity of veto as affected by failure to give reasons for vetoing or objections to measure vetoed, 119 A.L.R. 1189.

Failure of Governor to sign bill until after the date at which it is to become effective, 146 A.L.R. 693.

Disapproval by governor of bill in part or approval with modifications, 87 A.L.R.6th 633.