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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. 6114 December 22, 1982 CONSTITUTIONAL LAW: Const 1963, art 4, Sec. 33--time for a governor to review enrolled bills presented to incumbent governor-elect GOVERNOR: Time for governor-elect to act on enrolled bills presented to incumbent governor for review A governor-elect may, upon assuming that office, act within such portion of the 14-day period provided by the Constitution to consider enrolled bills as remains on any enrolled bills presented to his predecessor if his predecessor has not acted. Honorable William C. Kandler Secretary of the Senate The Capitol Lansing, Michigan You have requested my opinion whether a governor-elect may, upon assuming that office, act on any enrolled bills which were presented to, but not acted upon, by his predecessor within 14 days of the expiration of his predecessor's term of office. Const 1963, art 4, Sec. 33 provides: '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.' In the Address to the People, the framers made the following pertinent observations relative to Const 1963, art 4, Sec. 33. 'This is a revision of Sec. 36, Article V, of the present constitution to clarify and change existing language regarding the executive veto. It provides as follows: (1) The governor shall have 14 days in which to consider a bill; and his 14-day period for consideration and approval will not be affected by whether or not the legislature adjourns its session. (2) If during that period he signs the bill, it becomes law. (3) If during that period he does not sign the bill, and the legislature has adjourned its session, the bill does not become law. (4) If during that period he does not approve, he must send it back to the house of origin, if the legislature is still in session, for consideration of his veto. (5) If during that period he neither approves nor returns the bill with a veto message, the legislature continuing in session, it becomes a law as if he had signed it. 'The time for consideration by the governor has been extended from 10 to 14 days in accordance with testimony by former governors that some additional time is desirable.' 2 Official Record, Constitutional Convention 1961, p 3375. Thus, every bill passed by the Legislature must be presented to the governor who has 14 days in which to consider it. During that period the governor may approve the bill, disapprove the bill or take no action. If he approves the bill or if he takes no action on it, and the Legislature continues in that session, it becomes law. If he disapproves the bill and the Legislature remains in session, the Legislature may override that veto. If the Legislature is no longer in session, and the governor either disapproves the bill or takes no action during the 14-day period, the bill does not become law. Const 1963, art 4, Sec. 33 provides for no other contingencies. Specifically, the people made no exception to reduce the 14-day gubernatorial consideration period. On the other hand, Const 1963, art 4, Sec. 13 specifically addresses the status of bills which are pending upon the final adjournment of a regular legislative session: '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.' Thus, only bills pending upon a find adjournment in an odd-numbered year carry over with the same status to the next regular session. Bills pending upon a final adjournment in an even-numbered year do not, therefore, carry over to the next regular legislative session. Const 1963 contains no comparable provision for enacted bills pending presentation and review by the Governor at the expiration of the Governor's term of office. The only Michigan appellate court precedent on the question of the power of the Governor to exercise his constitutional authority to review a bill enacted by the Legislature after the Legislature has adjourned sine die is City of Detroit v Chapin, 108 Mich 136; 66 NW 587 (1895), which upheld the authority of the Governor to review bills enacted by the Legislature within the constitutionally authorized review period, even though the Legislature had finally adjourned. The Chapin case involved a local act, 1895 LA 467, enacted by the Legislature in 1895 and the Governor approved the bill on June 4, 1895 after the Legislature had finally adjourned on May 31, 1895. 2 SJ 1895, p 1742. The court expressly recognized that governors of this state have signed bills under similar circumstances for many years. The court reviewed the authorities in other jurisdictions. The court followed the general rule in this country which holds that the governor has the authority to act upon legislation even though the Legislature adjourned without day. The Chapin case did not involve the issue whether the review period extended into the term of a new governor after sine die adjournment of the Legislature. No considerations of public policy are suggested which would limit the authority of the office of governor to exercise the full 14-day period afforded by Const 1963, art 4, Sec. 33 to consider bills enacted by the Legislature, even though a newly-elected governor assumes office during this period. This rule must apply even though the Michigan Supreme Court has characterized the review of enacted bills by the Governor as a legislative function. Attorney General, ex rel Dust v Oakman, 126 Mich 717; 86 NW 151 (1901). The general rule in this country is that in the absence of constitutional prohibition, an enrolled bill timely signed into law by the governor is a valid law, even though the Legislature has adjoured. 64 ALR 1468. In this connection, it is noted that the fourth sentence of Const 1963, art 4, Sec. 33 reflects the same policy that where the Legislature is not 'continuing in session and the Governor does not return' the bill, the bill does not become law. The authority of the Governor to sign a bill being legislative in nature, the Legislature has no duties with respect thereto and the Legislature has no power to shorten the time during which the Governor may exercise his constitutional authority. Opinion of the Justices to the Governor and Council, 334 Mass 765; 138 NE2d 212 (1956). Similarly, a public act would be valid if signed by the Governor after adjournment of the Legislature within 14 days of presentment, even if the enrolled bill is presented to the Governor after adjournment. As explained by the New Hampshire Supreme Court, if the state constitution does not provide a specific time for presentment of an enrolled bill to a governor, and it is presented within a reasonable time following passage by the Legislature, there is no legitimate reason for according such a bill different treatment than one presented before final adjournment. Opinion of the Justices, 106 NH 402, 405; 213 A2d 415, 417 (1965). The Legislature having finally adjourned, an enrolled bill presented to the Governor thereafter does not become law unless the Governor signs it. Opinion of Justices, 405 A2d 694, 698 (Del 1979). Moreover, in order to conclude that the 14-day consideration period may be shortened by expiration of a governor's term of office, it would be necessary to conclude that such an interpretation would have been the common understanding of the people who ratified the Constitution. Thus, in Traverse City School Dist v Attorney General, 384 Mich 390, 405; 185 NW2d 9 (1971), the court stated: 'The primary rule is the rule of 'common understanding' described by Justice Cooley: "A constitution is made for the people and by the people. The interpretation that should be given it is that which reasonable minds, the great mass of the people themselves, would give it. 'For as the Constitution does not derive its force from the convention which framed, but from the people who ratified it, the intent to be arrived at is that of the people and it is not to be supposed that they have looked for any dark or abstruse meaning in the words employed, but rather that they have accepted them in the sense most obvious to the common understanding, and ratified the instrument in the belief that that was the sense designed to be conveyed."' (Emphasis added; citation omitted.) There is nothing in Const 1963, art 4, Sec. 33 to suggest such a shortened period for gubernatorial review of legislation. Const 1963, art 4, Sec. 33 is abundantly clear regarding gubernatorial consideration period for enrolled bills in view of the fact that the people extended the time for gubernatorial review from 10 to 14 days. Address to the People, 2 Official Record, Constitutional Convention 1961, p 3375. In summary, the Constitution provides no basis upon which it may be concluded that the 14-day gubernatorial review period of legislation is truncated by the expiration of an incumbent governor's term of office. It is my opinion, therefore, that in keeping with Const 1963, art 4, Sec. 33, a governor-elect may, upon assuming that office, act within such portion of the 14 days as remains on any enrolled bills which are presented within 14 days of the expiration of his predecessor's term of office upon which his predecessor has not acted. Frank J. Kelley Attorney General
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