Bills not returned.
Every bill which has passed both houses of the legislature, and has not been returned by the governor within five (5) days, thereby becoming a law, is authenticated by the governor causing the fact to be certified thereon by the secretary of state in the following form: "This bill having remained with the governor five (5) days (Sundays excepted), and the legislature being in session, it has become a law this …. day of …., ….," which certificate must be signed by the secretary of state and deposited with the laws in his office. Where the legislature by adjournment, prevents the return of a bill, the governor, if he disapproves thereof, shall file the same, with his objections, in the office of the secretary of state within ten (10) days after said adjournment (Sundays excepted) or the same shall become a law.
Notes of Decisions
Coeur d'Alene Tribe v. Lawerence Denney, 387 P.3d 761 (Idaho 2015).
· cites it 108× “The Secretary of State refused, asserting that he lacked the authority to certify the bill as a law because “the requisite gubernatorial authentication under Idaho Code § 67-505 [was] absent.” The Tribe then petitioned this Court for a Writ of Mandamus ordering the Secretary of…”
Cenarrusa v. Andrus, 582 P.2d 1082 (Idaho 1978).
· cites it 4× “Since Governor Andrus had had the bills in question for five days after presentment when the ten days after adjournment expired, the attempted vetoes were held to have been ineffective and the bills adjudged to have become law under Article 4, § 10, Idaho Constitution, and I.C.…”
Regan v. Denney, 437 P.3d 15 (Idaho 2019).
· cites it 2× “In Coeur D'Alene Tribe , this Court determined Denney had a clear legal duty, pursuant to section 67-505, to certify a bill as law when the Governor did not timely veto a bill.”
Coeur d'Alene Tribe v. Lawerence Denney (Idaho 2015).
· cites it 57× “The Secretary of State refused, asserting that he lacked the authority to certify the bill as a law because “the requisite gubernatorial authentication under Idaho Code § 67-505 [was] absent.” The Tribe then petitioned this Court for a Writ of Mandamus ordering the Secretary of…”
Coeur d'Alene Tribe v. Lawerence Denney (Idaho 2015).
· cites it 57× “The Secretary of State refused, asserting that he lacked the authority to certify the bill as a law because “the requisite gubernatorial authentication under Idaho Code § 67-505 [was] absent.” The Tribe then petitioned this Court for a Writ of Mandamus ordering the Secretary of…”
Brent Regan v. Lawerence Denney (Idaho 2019).
· cites it 2× “In Coeur D’Alene Tribe, this Court determined Denney had a clear legal duty, pursuant to section 67-505, to certify a bill as law when the Governor did not timely veto a bill.”
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