Legal status of SBX2 18

-----Original Message-----
From: Aaron Thomas [mailto:aaron.thomas@aesmail.com]
Sent: Friday, October 19, 2001 6:18 PM
To: 'Norman Plotkin'; arem@electric.com
Subject: RE: SBX2 18


Or, he is working on the override votes?

-----Original Message-----
From: Norman Plotkin [mailto:nplotkin@rcsis.com]
Sent: Friday, October 19, 2001 6:17 PM
To: arem@electric.com
Subject: SBX2 18


Greetings:
On the subject of SBX2 18, this is where it stands:

I.  Article IV Section 10(b)(3) of the Cal. Const. states that any bill
presented to the Governor that is not returned within 12 days becomes a
statute.   So, the Governor has 12 days to sign or veto a bill; unless ...

II.  Section 10(b)(1) says that any non-reapportionment bill passed by the
Legislature on or before the date of adjournment for interim recess that
arrives to the Gov. after the adjournment, that is not returned within 30
days becomes a statute.  So bills passed in the last week, that because of
the enrollment process do not find their way to the Gov. until after
adjournment have 30 days.

III.  Section 10(b)(1) does not apply to Extraordinary Session bills- they
always have 12 days to be signed or vetoed.  However, the clock does not
begin ticking until the Gov. receives the bill.  This last point is the
kicker.  Burton is still holding the bill in Enrollment.  So it can remain
there until:
	1. Burton frees it from Enrollment and sends it to the Gov. at which
time
it has 12 days to be signed or vetoed;
	2. The Legislature returns either sometime this fall or in Jan. and
forces
the bill by motion to the Gov. (not likely);
	3. The Legislature returns and adjourns the Snd Ex Session.

For all intents and purposes the bill is dead ... the Gov has indicated it
would be vetoed and so Burton has held it.  Burton is either holding it to
save it from a certain veto, or waiting to send it until a possible shifting
in the political sands.