Restaurant Carry Bill

[Fallguy]

Okay, looks like the dark side is still at work on this bill...

The bill will go into effect as soon as it goes into law.

The Gov received the bill on May 6th, so the 10th BUSINESS day is the 20th.

The rumor that's going around Capital Hill is that the Gov's assistant is going to veto the bill sometime today.

If the rumor is true, I'm not sure if there is much we can do cept call the Govs office and respectfully object to the veto. The Govs Phone: 615.741.2001

Hmmm...wish there was more info on this.

First it's not 10 business days...it's 10 calendar days (excluding Sundays) so Saturdays count.

How can the Governor's assistant veto a bill? Although I'm sure this was researched...and probably explains why he didn't veto it before leaving for China.

If it is vetoed today...seems in the end all it really does is delay (for Hex ) the day it will become law, because the legislature is still in session and will override the veto.

[Guest TNReb]

John Harris over at TFA posted this Section from the Constitution dealing with the issue of vetos, etc. It is Article III, Section 18:

Sec. 18. Bills to be approved by the governor — Governor's veto — Bills passed over governor's veto. —

Every Bill which may pass both Houses of the General Assembly shall, before it becomes a law, be presented to the Governor for his signature. If he approve, he shall sign it, and the same shall become a law; but if he refuse to sign it, he shall return it with his objections thereto, in writing, to the house in which it originated; and said House shall cause said objections to be entered at large upon its journal, and proceed to reconsider the Bill. If after such reconsideration, a majority of all the members elected to that House shall agree to pass the Bill, notwithstanding the objections of the Executive, it shall be sent, with said objections, to the other House, by which it shall be likewise reconsidered. If approved by a majority of the whole number elected to that House, it shall become a law. The votes of both Houses shall be determined by yeas and nays, and the names of all the members voting for or against the Bill shall be entered upon the journals of their respective Houses.

If the Governor shall fail to return any bill with his objections in writing within ten calendar days (Sundays excepted) after it shall have been presented to him, the same shall become a law without his signature. If the General Assembly by its adjournment prevents the return of any bill within said ten-day period, the bill shall become a law, unless disapproved by the Governor and filed by him with his objections in writing in the office of the Secretary of State within said ten-day period.

Every joint resolution or order (except on question of adjournment and proposals of specific amendments to the Constitution) shall likewise be presented to the Governor for his signature, and on being disapproved by him shall in like manner, be returned with his objections; and the same before it shall take effect shall be repassed by a majority of all the members elected to both houses in the manner and according to the rules prescribed in case of a bill.

The Governor may reduce or disapprove the sum of money appropriated by any one or more items or parts of items in any bill appropriating money, while approving other portions of the bill. The portions so approved shall become law, and the items or parts of items disapproved or reduced shall be void to the extent that they have been disapproved or reduced unless repassed as hereinafter provided. The Governor, within ten calendar days (Sundays excepted) after the bill shall have been presented to him, shall report the items or parts of items disapproved or reduced with his objections in writing to the House in which the bill originated, or if the General Assembly shall have adjourned, to the office of the Secretary of State. Any such items or parts of items so disapproved or reduced shall be restored to the bill in the original amount and become law if repassed by the General Assembly according to the rules and limitations prescribed for the passage of other bills over the executive veto.

John is of the opinion that today, not yesterday, is the last day for action by Bredesen. He is also of the opinion that Bredesen can sign at any time during the 10-day period and have it delivered at any time during that period, so it could be delivered in his absence.

Since the law does say, " . . . after it shall have been presented to him," I think he could be right about today being the tenth day, since the first day after presentation to him would be May 7th. Perhaps the speaker's office could advise if there is precedent on this. Also, he could be right in that the law says the bill must be "returned" within the 10 days with the objections to it in writing, but doesn't specifically prohibit him from vetoing on one day and sending it back on another. I am not aware of any legal precedent (case law) one way or the other.

So like so many other areas of the law, this is about as clear as mud. I eagerly await any word from the Hill on this. The only thing I think I can feel comfortably assured of at this point is that if a vetoed Bill is not delivered today, it is law. This opinion, however, is free--and worth every penny paid for it.

[Guest pws_smokeyjones]

Called the Gov and was transferred to their Legal Dept... Only the Gov can Veto... Thay have no news of a Veto, but the Gov has until midnight tonight to do so... Says to call back later today and they may have more info...

If he does not sign or veto, the bill will go into effect on the 20th.

I might be wrong, but I am still pretty sure that Saturdays are included in the 10 day thing so that would mean 18th is the 10th day.

[Fallguy]

Called the Gov and was transferred to their Legal Dept... Only the Gov can Veto... Thay have no news of a Veto, but the Gov has until midnight tonight to do so... Says to call back later today and they may have more info...

If he does not sign or veto, the bill will go into effect on the 20th.

That makes a bit mor sense...other than the 20th thing again.

[Fallguy]

He is also of the opinion that Bredesen can sign at any time during the 10-day period and have it delivered at any time during that period, so it could be delivered in his absence.

That sounds very possible as well.

[Guest stovepipe]

I just report the news...

The Veto rumor is coming from "the House and Senate leadership..." The last time that they had these types of rumors it happened. If it does get vetoed, we should have enough votes and time to override.

[Guest uofmeet]

so....sounds like we still have a chance?

[Fallguy]

LOL...we're worse than a bunch of expecting father's pacing around in the labor and delivery waiting room....

[Guest pws_smokeyjones]

I don't know about the rumor, but last time I feel Bredesen Vetoed the bill largely due to pressure from Rayburn and friends, combined with massive media attention. This time around there is neither. I think if he was going to Veto it, he would have done it in person before he left but I could be wrong I suppose. My money is on it just sitting and running out the clock.

[Guest HexHead]

Okay, now I'm really getting confused. It was widely reported that the bill was to the governor 38 minutes after it was approved by the House. That was on the 5th. The state's website started the clock on the 6th. That would have been the first full day. Why would the 10 days start on the 7th, if he could have vetoed it immediately on the 6th?

The precedent used as an example above from April, showed the clock starting on the day he received it. I sort of remember from last year, that day one was the day he received it, not the day after. Even the NRA (which should be up on these things) stated in their email that he had until May 17th to veto it.

It would be nice if someone that really knows the deal, not a secretary etc would chime in.

[Fallguy]

so....sounds like we still have a chance?

Definetly....it would seem worst case scenario is that it is a few more days before it becomes law.

[Guest stovepipe]

LOL...we're worse than a bunch of expecting father's pacing around in the labor and delivery waiting room....

Ha! - Ain't that the truth!

[Fallguy]

I know this is for National Bills, but just think of Nashville instead of Washington D.C.

YouTube - Schoolhouse Rock- How a Bill Becomes a Law

[Guest stovepipe]

Rumors are rumors... Only time will tell. - Hopefully, this one is only political humor in its cruelest form...

If he got the Gov got the bill on the 6th, and Sats count, then last night would have been the 10th day... I'm not sure what the deal is...

[Guest TnRebel]

Do we have a BS flag smilie? First of all, it's 10 days not including Sundays, there hasn't been a holiday. Not, 10 "business" days. You must be confusing this with the Apple Store shipping an iPad.

Second, there's no way the "governor's assistant" can veto legislation. At the best, when the governor is unavailable, the Lt. Governor can stand in his place, and I don't see Ramsey vetoing the bill.

I remember when Jerry Brown was the governor of CA back in the 70s, every time he left the state, Lt Gov. Mike Curb would sign legislation that there was no way Brown would have signed. It was pretty funny.

Like this one

or this one

[Guest stovepipe]

Okay, according to Jennifer, at the Govs Legal Dept, the 10 day count starts the next day after the Gov receives the bill, and includes Sats... So, in this case day one stated on May 7th. Today is the 10th day.

[Fallguy]

Okay, according to Jennifer, at the Govs Legal Dept, the 10 day count starts the next day after the Gov receives the bill, and includes Sats... So, in this case day one stated on May 7th. Today is the 10th day.

Don't guess she chose to elaborate on what he did or is going to do by chance.

[Guest TNReb]

Okay, now I'm really getting confused. It was widely reported that the bill was to the governor 38 minutes after it was approved by the House. That was on the 5th. The state's website started the clock on the 6th. That would have been the first full day. Why would the 10 days start on the 7th, if he could have vetoed it immediately on the 6th?

The precedent used as an example above from April, showed the clock starting on the day he received it. I sort of remember from last year, that day one was the day he received it, not the day after. Even the NRA (which should be up on these things) stated in their email that he had until May 17th to veto it.

It would be nice if someone that really knows the deal, not a secretary etc would chime in.

Hex: The Legislature's website says the Bill was passed on the 5th, enrolled and signed on the 6th, and transmitted to the governor on the 6th. See: Tennessee General Assembly

I don't know about the governor getting it less than an hour after it passed. If that is true, then yesterday would have been the last day for sure, counting calendar days and excluding Sundays. I was just going by the above website.

[Guest stovepipe]

Don't guess she chose to elaborate on what he did or is going to do by chance.

I couldn't get her to admit knowing anything... She did invite me to call back later for an update.

Edited May 18, 2010 by stovepipe

[Guest ScottD]

I couldn't get her to admit knowing anything... She did invite me to call back later for an update.

Did she sound hot?

[JAB]

This is what we get when Tennesseeans elect a politician who grew up in New Jersey, New York and Massachusetts as governor. IF today and not yesterday is the deadline, having a previously signed veto delivered at the eleventh hour while he is out of the country would be the height of pettiness. I wouldn't put it past him, though. Of course, it is right at 1:30 a.m. on the morning of the 19th in China right now. Not that this makes any difference if he signed a veto before he left.

On the other hand, I would have thought that he would have wanted to hold another 'photo op' press conference so that his masters in the more left-leaning factions of the Dem. convention could see what a good little lapdog he can be so he might get another political job once the governor gig is up. An 'A' rating from the NRA my acetabulum.

Edited May 18, 2010 by JAB

[Fallguy]

This is what we get when Tennesseeans elect a politician who grew up in New Jersey, New York and Massachusetts as governor. IF today and not yesterday is the deadline, having a previously signed veto delivered at the eleventh hour while he is out of the country would be the height of pettiness. I wouldn't put it past him, though.

On the other hand, I would have thought that he would have wanted to hold another 'photo op' press conference so that his masters in the more left-leaning factions of the Dem. convention could see what a good little lapdog he can be so he might get another political job once the governor gig is up. A rating from the NRA my acetabulum.

I have to agree, if he already signed the veto and simply instructed someone to wait till today to file it, knowing there would still be time to override it, well....that is just about as petty as it gets.

[Guest david_g17]

Everytime the anti-gunners interfere, the law gets better.

[GKar]

Playing devil's advocate for a moment: as his departure loomed, there was a slight (albeit, very slight) chance the legislature could have wrapped up the budget and the session before they had his veto in hand. IIRC, in last year4's House override, the clerk in his introduction of the bill said something to the effect of "in accordance with House rules the notice having been received and held for 24 hours"...if that is a correct statement, the timing gets interesting, and could have played to Bredesen's hands if the session ended Thursday. Veto is issued just prior to midnight Tues, delivered to House on Wed, must sit 24 hours (to Thursday) THEN get added to calendar for that very day - possibly wouldn't have happened.

However, now with the House scheduled to have joint meetings on Monday, it does seem fait accompli...so to go ahead and play out the forlorn scenario is disingenuous at the least. Then again, Phil may not have put down the newspaper article indicating he has a good shot at becoming head of HHS long enough to care anymore...

[Guest stovepipe]

It's not official, yet. Gov's office is making the rounds. Looks like a Veto is coming... Letter expected within the hour. We'll see...

Edited May 18, 2010 by stovepipe