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The following opinion is presented on-line for informational use only and does not replace the official version. (Mich Dept of Attorney General Web Site - www.ag.state.mi.us) STATE OF MICHIGAN FRANK J. KELLEY, ATTORNEY GENERAL Opinion No. 6017 December 9, 1981 CONSTITUTIONAL LAW: Const 1963, art 4, Secs. 13 and 33--carry over of bill vetoed in odd-numbered year to subsequent even-numbered year LEGISLATURE: Reconsideration of bill vetoed by Governor A bill vetoed by the Governor in an odd-numbered year and returned to the Legislature for its reconsideration is business pending before the Legislature, and if reconsideration is not acted upon by defeating the bill as provided in Const 1963, art 5, Sec. 33 in the odd-numbered year, the bill is carried over to the next regular session in the ensuing even-numbered year in accordance with Const 1963, art 4, Sec. 13 for reconsideration by the Legislature. Honorable Michael J. Griffin State Representative The Capitol Lansing, Michigan You have requested my opinion on a question which may be phrased as follows: If the Legislature passes a bill which the Governor vetoes in an odd-numbered year, may the Legislature in the subsequent (even-numbered) year reconsider and pass the bill, overriding the Governor's veto? Your request references Const 1963, art 4, Secs. 13 and 33 and Rule 27 of the Joint Rules of the Senate and House of Representatives, each of which requires close examination. The process by which a bill passed by the Legislature is enacted into law is set forth in Const 1963, art 4, Sec. 33: 'Every bill passed by the legislature shall be presented to the governor before it becomes law, and the governor shall have 14 days measured in hours and minutes from the time of presentation in which to consider it. If he approves, he shall within that time sign and file it with the secretary of state and it shall become law. If he does not approve, and the legislature has within that time finally adjourned the session at which the bill was passed, it shall not become law. If he disapproves, and the legislature continues the session at which the bill was passed, he shall return it within such 14-day period with his objections, to the house in which it originated. That house shall enter such objections in full in its journal and reconsider the bill. If two-thirds of the members elected to and serving in that house pass the bill notwithstanding the objections of the governor, it shall be sent with the objections to the other house for reconsideration. The bill shall become law if passed by two-thirds of the members elected to and serving in that house. The vote of each house shall be entered in the journal with the votes and names of the members voting thereon. If any bill is not returned by the governor within such 14-day period, the legislature continuing in session, it shall become law as if he had signed it.' [Emphasis added.] Relevant to your inquiry are the underscored terms of Const 1963, art 4, Sec. 33, supra, which provide that if the Governor disapproves a bill which was passed by the Legislature and the Legislature continues the session at which the bill was passed, the bill must be returned to the house in which the bill originated with the Governor's objections and that house shall enter such objections in full in its journal and reconsider the bill. In order to determine whether the Legislature may reconsider and pass in a subsequent, even-numbered year a bill vetoed in a previous, odd-numbered year, it is necessary to review Const 1963, art 4, Sec. 13, which defines the circumstances pursuant to which pending legislative business is carried over to the next session as follows: 'The legislature shall meet at the seat of government on the second Wednesday in January of each year at twelve o'clock noon. Each regular session shall adjourn without day, on a day determined by concurrent resolution, at twelve o'clock noon. Any business, bill or joint resolution pending at the final adjournment of a regular session held in an odd numbered year shall carry over with the same status to the next regular session.' [Emphasis added.] This section indicates that any business, bill or joint resolution is carried over with the same status to the next regular session of the Legislature to the extent the business, bill or joint resolution is 'pending' at the final adjournment of the regular session. The Legislature has defined 'pending' business in Rule 27 of the Joint Rules of the Senate and House of Representatives: 'PENDING BUSINESS. 'Rule 27. Any business, bill or joint resolution which has not been defeated by either the Senate or House of Representatives shall be deemed to be pending under the provisions of Article IV, Section 13 of the Constitution. 'It shall not be in order for either House, by suspension of rules or any other means, to reconsider in a subsequent year the vote by which any business, bill or joint resolution was defeated or vetoed in a previous year.' The first paragraph of Joint Rule 27, supra, tracks Const 1963, art 4, Sec. 13, supra, by defining 'pending' matters as any business, bill or joint resolution which has not been defeated by either the Senate or House of Representatives. Therefore, any business before the Legislature in an odd-numbered year which has not been defeated by either house is deemed to be 'pending' and, in accordance with Const 1963, art 4, Sec. 31, supra, carries over to the legislative session in the next even-numbered year. The second paragraph of Joint Rule 27, supra, in contrast to the first paragraph of the Rule, addresses a matter of parliamentary procedure regarding items of legislative business which are defeated by the Legislature. According to the terms of Joint Rule 27, p2, supra, it is not in order for either house of the Legislature in a subsequent year to reconsider the vote by which any business, bill or joint resolution was defeated in a previous year. (1) Reading Joint Rule 27, p2 together with Const 1963, art 4, Sec. 33, supra, it is important to recognize that to 'reconsider' in the constitutional sense of Const 1963, art 4, Sec. 33, supra, is not the same as to 'reconsider' in the parliamentary sense of Joint Rule 27. See In re Board of Education of the New York City School District v City of New York, 41 NY2d 535; 362 NE2d 948 (1977). Thus, when a vetoed bill is returned to the originating house in an odd-numbered year and that house reconsiders the bill in accordance with Const 1963, art. 4, Sec. 33, supra, the business of deciding whether to override the Governor's vote is 'pending' business and carries over to the next regular session of the Legislature in accordance with Const 1963, art 4, Sec. 13, supra, and Joint Rule 27, supra, unless during the course of its reconsideration in the odd-numbered year either house of the Legislature votes on the vetoed bill and it is defeated due to failure to achieve the required two-thirds vote of the members elected to and serving in the particular house. It is my opinion, therefore, that a bill vetoed by the Governor in an odd-numbered year and returned to the Legislature for its reconsideration is business pending before the Legislature, and if reconsideration is not acted upon by defeating the bill as provided in Const 1963, art 4, Sec. 33 in the odd-numbered year, the bill is carried over to the next regular session in the ensuing even-numbered year in accordance with Const 1963, art 4, Sec. 13 for reconsideration by the Legislature. Frank J. Kelley Attorney General (1)
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