Enacting Legislation: Veto, Veto Override and Effective Date
Days allowed governor to consider bill (a) | ||||||||
---|---|---|---|---|---|---|---|---|
Governor may item veto appropriation bills |
During session | After session | ||||||
FIPS | State or other jurisdiction |
Amount | Other (b) | Bill becomes law unless vetoed |
Bill becomes law unless vetoed |
Bill dies unless signed | Votes required in each house to pass bills or items over veto (c) |
Effective date of enacted legislation (d) |
01 | Alabama | ✓ (a) | ✕ | 6 (b) | 10A | Majority of elected body | Date signed by governor, unless otherwise specified. | |
02 | Alaska | ✓ | ✕ | 15 | 20P | 2/3 elected (c) | 90 days after enactment or the specified effective date. | |
04 | Arizona | ✓ | ✓ | 5 | 10A | 2/3 elected (d) | 90 days after adjournment | |
05 | Arkansas | ✓ | ✕ | 5 | 20A | Majority elected | 91st day after adjournment | |
06 | California | ✓(e) | ✕ | 12 (f) | 30A | 2/3 elected (g) | (h) | |
08 | Colorado | ✕ | (i) | 10P (j) | 30A, 10P (k) | (l) | 2/3 elected | An act takes effect on the date started in the act, or if no date is stated in the act, then upon signature of the governor. (m) |
09 | Connecticut | ✓ | ✕ | 5 | 15P | (n) | 2/3 elected | Oct. 1, unless otherwise specified. |
10 | Delaware | ✓ | ✕ | 10P | ✕ | 30A (o) | 3/5 elected | Unless there is a provision to the contrary, legislation is effective upon enactment. |
12 | Florida | ✕ | ✓ | 7 (p) | 15P (q) | 2/3 members present | On 60th day after adjournment sine die or on specified date. | |
13 | Georgia* | ✓ | ✓ | 6 | 40A | 2/3 elected | Unless other date specified, July 1 for generals, date signed by governor for locals. | |
15 | Hawaii | ✓ (r) | ✓ (s) | 10 (t) | 45A (u) | 10P (v) | 2/3 elected | Immediately or on the prospective date stated in the legislation. |
16 | Idaho | ✓ | ✓ | 5 | 10P | 2/3 present | July 1 | |
17 | Illinois* | ✓ | ✕ | 60 (q) | 60P (q) | 3/5 elected (c) | Usually Jan. 1 of next year (w) | |
18 | Indiana | ✕ | 7 | 7P | Majority elected | Varies with date of the veto. | ||
19 | Iowa | ✓ | ✓ | 3 | 30A | 2/3 elected | July 1, unless otherwise specified. Effective date for bills which which become law on or after July 1, 45 days after approval, unless otherwise specified. | |
20 | Kansas | ✓ | ✓ | 10 (q) | 10P | 2/3 membership | Upon publication or specified date after publication | |
21 | Kentucky* | ✓ | ✓ | 10 | 10A | Majority elected | (x) | |
22 | Louisiana (y)* | ✓ | ✓ | 10 (q) | 20P (q) | 2/3 elected | Aug. 1 | |
23 | Maine | ✓ (z) | 10 | (aa) | 2/3 elected | 90 days after final adjournment of that legislative session, unless it is an emergency measure or has a specific effective date occurring after the 90 days. Emergency measures take effect upon the Givernor's signing or on a date specified in the bill. | ||
24 | Maryland* | ✓ (bb) | ✓ | 6 (cc) | 30P (dd) | (ee) | 3/5 elected (ff) | (gg) |
25 | Massachusetts | ✓ | ✓ | 10 | 11P | 11A | 2/3 present | 90 days after enactment |
26 | Michigan | ✓ | ✓ | 14 | 14P | 2/3 elected and serving | Immediate effect if vote of 2/3 elected and serving. 90 days after adjournment, if immediate effect not given | |
27 | Minnesota | ✓ | (e) | 3P | 14A, 3P | 3A, 14P (hh) | 2/3 elected- 90 House; 45 Senate | Aug. 1, and July 1st for fiscal legislation only. |
28 | Mississippi* | ✓ | ✕ | 5 | 15P (ii) | 2/3 elected | July 1 unless specified otherwise. | |
29 | Missouri* | ✓ | ✕ | 15 | 45A | 2/3 elected | Aug. 28 (jj) | |
30 | Montana (y)* | ✓ | ✓ | 10 (q) | 25A (q) | 2/3 present | Oct. 1 (kk) | |
31 | Nebraska | ✓ | ✕ | 5 | 5A, 5P | (ll) | 3/5 elected | 90 days following adjournment sine die. Unless bill contains an emergency clause or a specific operative date. |
32 | Nevada* | ✕ | ✕ | 5 (mm) | 10A (mm) | 2/3 elected | Oct. 1, unless measure stipulates a different date. | |
33 | New Hampshire | ✕ | ✕ | 5P | 5P | 2/3 elected | 60 days after enactment, unless otherwise noted. | |
34 | New Jersey | ✓ | ✕ | 45 | 2/3 elected | Dates usually specified | ||
35 | New Mexico | ✓ | ✓ | 3 (nn) | 20A | 2/3 present | General appropriation acts and legislation carrying an emergency clause and passed by 2/3 of the members present in each house take effect immediately upon approval by the governor; all other bills take effect 90 days after adjournment unless another, later date is specified in the bill. | |
36 | New York | ✓ | ✕ | 10 (oo) | (oo) | 30A | 2/3 present | 20 days after enactment unless otherwise prescribed in the bill. |
37 | North Carolina | ✕ | ✕ | 10 | 30A | 3/5 present and voting | Date signed by governor or the specified effective date. If no effective date, becomes effective 30 days after sine die adjournment of the session in which it was enacted. | |
38 | North Dakota | ✓ | ✕ | 3 | 15A | 2/3 elected | August 1 after filing with the secretary of state. (pp) | |
39 | Ohio | ✓ | ✓ | 10 | 10P | 10A | 3/5 elected (qq) | 91st day after filing with secretary of state. (rr) |
40 | Oklahoma | ✓ | ✕ | 5 (ss) | 15A (ss) | 3/4 to override veto of emergency measure | 90 days after adjournment unless specified in the bill. | |
41 | Oregon | ✓ | ✓ (tt) | 5 | 30A (uu) | 2/3 present | Jan. 1st of following year. (vv) | |
42 | Pennsylvania* | ✓ | ✓ | 10 | 30A | 2/3 majority | 60 days after signed by governor | |
44 | Rhode Island | ✕ | ✕ | 6 | 10P (ww) | (ww) | 3/5 present | Immediately (xx) |
45 | South Carolina | ✓ | ✕ | 5 | (yy) | 2/3 vote of the members present and voting | Date of signature | |
46 | South Dakota | ✓ | ✕ | 5 (zz) | 15P | 2/3 elected | July 1 | |
47 | Tennessee | ✓ | ✕ | 10 | (aaa) | Constitutional majority | 40 days after enactment unless otherwise specified | |
48 | Texas* | ✓ | ✕ | 10 | 20A | 2/3 present | 90 days after adjournment unless otherwise specified | |
49 | Utah | ✓ | ✕ | 10P (bbb) | 20A | 2/3 elected | 60 days after adjournment of the session at which it passed. | |
50 | Vermont* | ✕ | ✕ | 5 | 5A | (ccc) | 2/3 present | July 1 unless otherwise specified. |
51 | Virginia | ✓ | ✓(ddd) | 7 (q) | 30A (eee) | 2/3 present | July 1 (fff) | |
53 | Washington* | ✓ | ✓ | 5 | 20A | 2/3 present | 90 days after adjournment | |
54 | West Virginia | ✕ | (e) | 5 | 15A (ggg) | Majority elected | 90 days after enactment | |
55 | Wisconsin | ✓ | ✓(hhh) | 6 | 6P | 2/3 present | Day after publication date unless otherwise specified | |
56 | Wyoming | ✓ | ✓ | 3 | 15A | (iii) | 2/3 elected | Specified in act |
60 | American Samoa* | ✓ | ✕ | 10 | 30A | 2/3 elected | 60 days after adjournment (jjj) | |
66 | Guam* | ✓ | ✓ | 10 | 10P | 30P (kkk) | 10 votes to override | Immediately (lll) |
69 | CNMI* ** | ✓ | ✓ | 40 (q)(mmm) | 2/3 elected | Upon signing by the governor. | ||
72 | Puerto Rico* | ✓ | ✕ | 10 | 30P | 2/3 elected | Specified in act | |
78 | U.S. Virgin Islands* | ✓(nnn) | ✓(nnn) | 10 | 10P | 30A | 2/3 elected | Immediately |
Source:
The Council of State Governments' survey of state legislative service agencies, 2023.Key:
* | — | Information carried forward due to state nonresponse. |
** | — | Commonwealth of Northern Mariana Islands. |
✓ | — | Yes. |
✕ | — | No. |
A | — | Days after adjournment of legislature. |
P | — | Days after presentation to governor. |
Footnotes:
(a) | The governor may line item distinct items or item veto amounts in appropriation bills, if returned prior to final adjournment. |
(b) | Days allowed for governor to consider bill (Sundays excluded unless you note otherwise). |
(c) | Different number of votes required for revenue and appropriations bills. Alaska–3/4 elected. Illinois–Only the usual majority of members elected is required to restore a reduced item. |
(d) | Several specific requirements of 3/4 majority. |
(e) | Line item veto. |
(f) | For a bill to become law during session, if 12th day falls on a Saturday, Sunday, or holiday, the period is extended to the next day that is not a Saturday, Sunday, or holiday. |
(g) | Per Joint Rule 58.5, the Legislature may consider a Governor’s veto for only 60 legislative days or until adjournment sine die of the session in which the bill subject to the veto was passed by the Legislature, whichever period is shorter. |
(h) | For legislation enacted in regular sessions: January 1 of the following year. Urgency legislation: immediately upon chaptering by Secretary of State. Legislation enacted in special session: 91st day after adjournment of the special session at which the bill was passed. |
(i) | The governor may not line-item veto any portion of any bill (including appropriation clauses in bills) other than line items in the Long Appropriations Bill. The governor may line-item veto individual lines in the Long Appropriations Bill. In those instances, the governor must line-item veto the entire amount of any item; an item is an indivisible sum of money dedicated to a single purpose. |
(j) | Ten calendar days after receipt of bill. When the Governor receives bills within the last 10 days of session, the Governor has 30 days to act on the bills. |
(k) | The ten days only applies if the bill is presented to the Governor before the last ten days of the legislative session. |
(l) | A bill may be signed or vetoed by the Governor, or it can become law without the Governor’s signature after a certain period of time. |
(m) | If no safety clause on the bill, the bill takes effect 90 days after sine die if no referendum petition has been filed. The state constitution allows for a 90 day period following adjournment when petitions may be filed for bills that do not contain a adafety clause. |
(n) | Bill enacted if not signed /vetoed within time frames. |
(o) | The “30 days after adjournment of legislature” includes Sundays. “It is now practically impossible for the Governor to use the pocket veto power because the chambers each recess to the call of the chair rather than adjourn sine die” — Legislative Council’s Division of Research, Delaware Legislative Drafting Manual (2022 ed.), page 158. However, the Governor did pocket veto a bill in 2022. |
(p) | The governor has seven days, Sundays included, to act on presented bills while the Legislature is in session. If the Legislature adjourns sine die during the seven-day period or takes a recess of more than 30 days, the governor has 15 consecutive days from the date of presentation to act on the bill(s). |
(q) | Sundays included. |
(r) | Governor can also reduce amounts in appropriations bills. In Hawaii, governor can reduce items in executive appropriations measures, but cannot reduce or item veto amounts appropriated for the judicial or legislative branches. |
(s) | Constitution withholds right to veto constitutional amendments proposed by the legislature. |
(t) | 10 days if transmittal to the Governor is ten or more days priro to adjournment sine die– Excluding Saturdays, Sundays, holidays and any days in which the Legislature is in recess prior to its adjournment. |
(u) | In Hawaii, Saturdays, Sundays, and holidays are not counted in calculating the 45 day time period. In addition, the Governor must notify the Legislature 10 days before the 45th day of his intent to veto a measure. The legislature may convene at or before noon on the 45th day after adjournment to consider the vetoed measure. If the Legislature fails to reconvene, the bill does not become law. If the Legislature reconvenes it may pass the measure over the Governor’s veto or it may amend the law to meet the Governor’s objections. If the bill is amended, the Governor must sign the bill within 10 days after it is presented in order for it to become law. |
(v) | This signing provision only applies to bills that have been vetoed by the Governor and that have been subsequently amended by the Legislature in special session to meet the Governor’s concerns with the bill. If a bill is amended in a special session of the Legislature that has been convened to address a Governor’s veto of a bill, then the amended bill must be signed by the Governor within 10 days after it is presented to him in order for it to become law. |
(w) | Effective date for bills which become law on or after July 1: A bill passed after May 31 cannot take effect before June 1 of the following year unless it states an earlier effective date and is approved by 3/5 of the members elected to each house. |
(x) | Effective date of enacted legislation: 90 days after adjournment sine die, unless the bill contains an emergency effective date, in which case the bill goes into effect upon being signed by the Governor or otherwise becoming law. Special effective dates may also be included in legislation when a particular date is preferred. |
(y) | Constitution withholds right to veto constitutional amendments proposed by the legislature. |
(z) | Within one day of having received legislation for signature, the governor may dissaprove the dollar amount appearing in an appropriation or allocation section and replace it with a different dollar amount that does not result in an increase in an appropriation or allocation or decrease in a deappropriation or deallocation. |
(aa) | If the Legislature finally adjourns sine die before the 10 days have passed, a bill on which the Governor has not acted prior to the adjournment of the session becomes law if the Governor does not veto it within 3 days after the nect recovening of that Legislature. If there is not another meeting of that particular Legislature lasting more than 3 days, the bill does not become law. |
(bb) | The Governor cannot veto the budget bill but may exercise a total veto or item veto on a supplementary appropriations bill. In practice, this means the Governor may strike items in the annual general capital budget bill. Occasionally, the Governor will also veto a bond bill or a portion of a bond bill. |
(cc) | If a bill is presented to the governor in the first 83 days of session, the governor has only six days (not including Sunday) to act before the bill automatically becomes law. |
(dd) | All bills passed at regular or special sessions must be presented to the governor no later than 20 days after adjournment. The governor has a limited time to sign or veto a bill after it is presented. If the governor does not act within that time, the bill becomes law automatically; there is no pocket veto. The time limit depends on when the presentment is made. Any bill presented in the last 7 days of the 90-day session or after adjournment must be acted on within 30 days after presentment. Bills vetoed after adjournment are returned to the legislature for reconsideration at the next meeting of the same General Assembly. |
(ee) | The governor has a limited time to sign or veto a bill after it is presented. If the governor does not act within that time, the bill becomes law automatically; there is no pocket veto. The time limit depends on when the presentment is made. |
(ff) | Vetoed bills are returned to the house of origin immediately after that house has organized at the next regular or special session. When a new General Assembly is elected and sworn in, bills vetoed from the previous session are not returned. These vetoed bills are not subject to any further legislative action. |
(gg) | Unless otherwise provided, June 1 is the effective date for bond bills and July 1 is the effective date for budget, tax and revenue bills. By custom, October 1 is the usual effective date for other legislation. If the bill is an emergency measure, it may take effect immediately upon approval by the Governor or at a specified date prior to June 1. For vetoed legislation, 30 days after the veto is overridden or on the date specified in the bill, whichever is later. An emergency bill passed over the Governor’s veto takes effect immediately. |
(hh) | “I think this si the correct description. Bills passed within three days before adjournment must be signed within the 14 days after adjournment. If these bills are not signed, they do not become law.” |
(ii) | Bills vetoed after adjournment are returned to the legislature for reconsideration. Mississippi–returned within three days after the beginning of the next session. |
(jj) | If bill has an emergency clause, it becomes effective upon governor’s signature. If a bill is neither signed nor vetoed by a governor, it becomes law. |
(kk) | Different date for fiscal legislation. Minnesota–July 1. Montana–Appropriations effective July 1 unless otherwise specified in bill; revenue bills effected July 1 unless otherwise specified in bill, often next Jan. 1. |
(ll) | Nebraska allows a bill to become law without the signature of the governor. In addition, bills are carried over from the 90-day session beginning in the odd-numbered year to the 60-day session, which begins in even-numbered years. Bills that have not passed by the last day of the 60-day session are all indefinitely postponed by motion on the last day of the session. |
(mm) | The day of delivery and Sundays are not counted for purposes of calculating these periods. |
(nn) | For bills presented to governor before the last three days of session. If bills presented to the governor in the last three days of session, governor has 20 days from adjournment to sign; if not signed in this time period, bill is pocket vetoed. |
(oo) | If the legislature adjourns during the governor’s consideration of a 10-day bill, the bill shall not become law without the governor’s approval. |
(pp) | Appropriations and tax bills July 1 after filing with secretary of state, or date set in legislation by Legislative Assembly, or by date established by emergency clause in a bill that passes each house by a vote of two-thirds of the members-elect of each house. |
(qq) | The exception covers such matters as emergency measures and court bills that originally required a 2/3 majority for passage. In those cases, the same extraordinary majority vote is required to override a veto. |
(rr) | Emergency, current appropriation, and tax legislation effective immediately. The General Assembly may also enact an uncodified section of law specifying a desired effective date that is after the constitutionally established effective date. |
(ss) | During session the governor has 5 days (except Sunday) to sign or veto a bill or it becomes law automatically. After Session a bill becomes a pocket veto if not signed 15 days after sine die. |
(tt) | Oregon Constitution Article V, Section 15a. |
(uu) | Exept Sundays and legal holidays. In Oregon, if the governor does not sign the bill within 30 days after adjournment, it becomes law without the governor’s signature, Saturdays and Sundays are excluded. |
(vv) | Unless emergency declared or date specific in text of measure, which must be at least 90 days after adjournment sine die unless emergency is declared. Emergency cannot be declared in bills regulating taxation or exemption. |
(ww) | Bills become effective without signature if not signed or vetoed. |
(xx) | Date signed, date received by Secretary of State if effective without signature, date that veto is overridden, or other specified date. |
(yy) | Two days after the next meeting. |
(zz) | During a session, a bill becomes law if a governor signs it or does not act on it within five days, not including Saturdays, Sundays or holidays. If the legislature has adjourned or recessed or is within five days of a recess or an adjournment, the governor has 15 days to act on the bill. If he does not act, the bill becomes law. |
(aaa) | Adjournment of the legislature is irrelevant; the governor has 10 days to act on a bill after it is presented to him or it becomes law without his signature. |
(bbb) | With Sundays and the day it was received excepted. |
(ccc) | In odd-numbered years 2 days prior to adjournment; in even numbered years 3 days subsequent to presentation following adjournment. However the actual practice is that bills are sent anytime prior the start of the next fiscal year (July 1). Governor has five business days (Sundays excepted) to sign. |
(ddd) | If part of the item. |
(eee) | The governor has thirty days after adjournment of the legislature to act on any bills. The Constitution of Virginia provides that : “If the governor does not act on any bill, it shall become law without his signature.” |
(fff) | Unless a different date is stated in the bill. Special sessions–first day of fourth month after adjournment. |
(ggg) | Five days for supplemental appropriation bills. |
(hhh) | Governor may partially veto words or numbers in the case of appropriation bills. |
(iii) | Unless Governor vetoes a bill, it will become law 15 days upon adjournment without a gubernatorial signature. |
(jjj) | Laws required to be approved only by the governor. An act required to be approved by the U.S. Secretary of the Interior only after it is vetoed by the governor and so approved takes effect 40 days after it is returned to the governor by the secretary. |
(kkk) | After Legislature adjourns sine die at end of two-year term. |
(lll) | U.S. Congress may annul. |
(mmm) | Twenty days for appropriations bills. |
(nnn) | May item veto language or amounts in a bill that contains two or more appropriations. |