Fate Of HB 89

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Ijust checked the list of bills signed and vetoed on theGeneral Assembly's website, and it appears Gov. Perdue still hasyet to acton HB 89.Maybe some of you who have been fighting this battle longer than I have can answer a question for me. What happens if Gov. Perdue doesn't act on HB 89 at all? Is there a time limit for it to become a law without his signature, like the 10 days the president has to act on a bill from Congress? Could it die on his desk if he doesn't sign it? How does that work?

I'm getting really worried about this now. It was my understanding that the only objection Gov. Perdue had to HB 89 was the language removing churches from the list of off limits places and that the governor's objection to that portion of the bill was one of the reasonsit was removed from the bill. Final passagein the General Assembly of what came out of the conference committeewas on 4 April. It's now 28 April and the governor has not acted on this yet.

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idk but it would be nice to know

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if not signed it becomes law as long as he dosnt veto it

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I've been doing research on this since I started this topic, and here's what I've discovered:

If the governor doesn't act on a bill it will become law 40 days from the date it went from the General Assembly to the governor. Bills usually don't go to the governor until the session ends, so if Gov. Perdue doesn't sign or veto HB 89 it wouldmost likelybecome law without action on his part 40 days after the end of the session. The governor can request that a passed bill be sent to him for veto or signature while the General Assembly is still in session, but I doubt that has happened with a measure that has been as controversial as HB 89 has been.

If Gov. Perdue vetoes the bill I think we're in trouble. It would take a two-thirds majority vote in both houses to override the veto. There are 180 membersin the House and 56 in theSenate, so if my math is correct that would mean 120 votes in the House and 37 in the Senate would be needed to override the veto. HB 89 passed with 40 votes in the Senate so we wouldhave a fighting chance there, but it only got 106 votes in the House so I'm skeptical of our ability tooverride a veto there.

I'm thinking HB 89 has been controversial enough that the governor may not want to sign it and may be planning to quietly let it become law 40 days after the end of the session or to veto it at the last minute to make it harder for the General Assembly to act against the veto since they would be out of session when he wielded the veto pen. If the NRA is supporting the final version of HB 89 that may make Gov. Perdue more reluctant to veto it and risk damaging his A rating from them.

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officerjdc wrote:

but I doubt that has happened with a measure that has been as controversial as HB 89 has been.

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The Bill of Rights controversial? That boggles the mind.

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If the Governor signaled the General Assembly that he had no objection to the passage of the bill, provided carrying in church was deleted, I would think, being the honorable man he is, that he would sign the bill into law. More than likely though, due to theintensepublic controversyover it, I think he would be a wise old owl just to allow it to become law without his signature. In that manner, if something goes sour in the future, he could contend that he couldn't really decide and that by not signinghe was deferring to the collective intellect and good judgement of the majority of members of the General Assembly. We will have to wait and see.

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Samuel Adams wrote:

officerjdc wrote:

but I doubt that has happened with a measure that has been as controversial as HB 89 has been.

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The Bill of Rights controversial? That boggles the mind.

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I thought the same thing myself. I was thinking "How could letting people exercise their Second Amendment rights in more places be controversial, especially with all the evidence we have from all these years of CCW licensing all over the nation that the people who are getting the licenses are not the ones committing crimes with their weapons?"

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Gov. Perdue has until May 31st to sign HB 89 orit will become law on July 1st.

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i think he wont sign /veto it will let it become law as to say i didnt sign it dont blame me

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mark5019 wrote:

i think he wont sign /veto it will let it become law as to say i didnt sign it dont blame me

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I'drather hemake a clearstand in favor of self defense, butI'lltake himsimply letting it become law. I'm just hoping he doesn't veto it right before May ends. :question:

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may ends i thought was may 4th?

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You are absolutely correct...It would be great if he would Stand up for the 2nd Amendment but either way I'll take HB 89 however I can get it.

BTW...I am new to this group and I would like to say "Hello" to everyone.

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TruBlueSniper, welcome aboard!

Right now weknow the governor has 40 days after he getsa bill to consider it before it becomes law without his signature, and bills usually don't go to the governor until the session ends unless the governor requests a bill be sent to himbefore then.We also know the final version of HB 89 passed both houses on April 4, so thattells usthe General Assembly was in session on that day. The one thing I don't know is the day the session ended, or whether the General Assembly is still in session now for that matter. I do know that the session usually ends sometime in March. I guess this year's session ran longer than usual.

I doubt Gov. Perdue would have called for HB 89 early because the issue has been so politically explosive. I also would have expected him to either sign it or veto it right away if he had asked for it before the session ended. I wouldn't think he would call for it to be sent to himduring the sessionand then let it sit on his desk this long.

With the bill passing on April 4 I would say the governor has at least until mid-May to act on it, possibly longer than that if the session went on for another week or two after HB 89 passed.

I've been looking for information on whether the General Assembly is still in session and what day the session ended if they're not in session and can't find it anywhere. Can anyone here post that information for us?

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mark5019 wrote:

may ends i thought was may 4th?

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That date was reported in the AJC, but it is incorrect. He has 40 days from the end of the General Assembly. I am not sure if that is 40 calendar days or 40 business days.

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The General Assembly Callender ended on 04/04/08

The current status indicates that on 04/14/08 - House Sent to Governor

40 days from thedate sent would set the date at May 24th. Either way I have my sights set on July 1st.

HB 89 - Firearms; carrying and possession; change provisions

(Hyper-links In Bold)

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TruBlueSniper wrote:

The General Assembly Callender ended on 04/04/08

The current status indicates that on 04/14/08 - House Sent to Governor

40 days from thedate sent would set the date at May 24th. Either way I have my sights set on July 1st.

HB 89 - Firearms; carrying and possession; change provisions

(Hyper-links In Bold)

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It is May 14. Sine die was April 4, and therefore the transmittal date does not matter.

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Malum Prohibitum wrote:

TruBlueSniper wrote:

The General Assembly Callender ended on 04/04/08

The current status indicates that on 04/14/08 - House Sent to Governor

40 days from thedate sent would set the date at May 24th. Either way I have my sights set on July 1st.

HB 89 - Firearms; carrying and possession; change provisions

(Hyper-links In Bold)

Click to expand...

It is May 14. Sine die was April 4, and therefore the transmittal date does not matter.

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No, I'm pretty sure it's 40 days from the day the bill went to the governor. I think May 24 would be the magic day if the governor lets it pass without action.

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Malum Prohibitum wrote:

...It is May 14. Sine die was April 4, and therefore the transmittal date does not matter.

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Thank you for the clarification. You definately know as well as anyone else

So by May 15, we will know what we can do on July 1! :celebrate

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officerjdc wrote:

No, I'm pretty sure it's 40 days from the day the bill went to the governor. I think May 24 would be the magic day if the governor lets it pass without action.

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You would be correct if it was passed earlier, but it was not.



[align=center]Ga. Const. Art. III, § V, Para. XIII [/align]


[align=center]GEORGIA CODE
Copyright 2007 by The State of Georgia
All rights reserved.[/align]
[align=center]
*** Current through the 2007 Regular Session ***[/align]
[align=center]
CONSTITUTION OF THE STATE OF GEORGIA
ARTICLE III.LEGISLATIVE BRANCH
SECTION V.ENACTMENT OF LAWS [/align]
[align=center]
Ga. Const. Art. III, § V, Para. XIII (2007)[/align]

PARAGRAPH XIII.Approval, veto, and override of veto of bills and resolutions


(a)All bills and all resolutions which have been passed by the General Assembly intended to have the effect of law shall become law if the Governor approves or fails to veto the same within six days from the date any such bill or resolution is transmitted to the Governor unless the General Assembly adjourns sine die or adjourns for more than 40 days prior to the expiration of said six days. In the case of such adjournment sine die or of such adjournment for more than 40 days, the same shall become law if approved or not vetoed by the Governor within 40 days from the date of any such adjournment.

(b)During sessions of the General Assembly or during any period of adjournment of a session of the General Assembly, no bill or resolution shall be transmitted to the Governor after passage except upon request of the Governor or upon order of two-thirds of the membership of each house. A local bill which is required by the Constitution to have a referendum election conducted before it shall become effective shall be transmitted immediately to the Governor when ordered by the presiding officer of the house wherein the bill shall have originated or upon order of two-thirds of the membership of such house.

(c)The Governor shall have the duty to transmit any vetoed bill or resolution, together with the reasons for such veto, to the presiding officer of the house wherein it originated within three days from the date of veto if the General Assembly is in session on the date of transmission. If the General Assembly adjourns sine die or adjourns for more than 40 days, the Governor shall transmit any vetoed bill or resolution, together with the reasons for such veto, to the presiding officer of the house wherein it originated within 60 days of the date of such adjournment.

(d)During sessions of the General Assembly, any vetoed bill or resolution may upon receipt be immediately considered by the house wherein it originated for the purpose of overriding the veto. If two-thirds of the members to which such house is entitled vote to override the veto of the Governor, the same shall be immediately transmitted to the other house where it shall be immediately considered. Upon the vote to override the veto by two-thirds of the members to which such other house is entitled, such bill or resolution shall become law. All bills and resolutions vetoed during the last three days of the session and not considered for the purpose of overriding the veto and all bills and resolutions vetoed after the General Assembly has adjourned sine die may be considered at the next session of the General Assembly for the purpose of overriding the veto in the manner herein provided. If either house shall fail to override the Governor's veto, neither house shall again consider such bill or resolution for the purpose of overriding such veto.

(e)The Governor may approve any appropriation and veto any other appropriation in the same bill, and any appropriation vetoed shall not become law unless such veto is overridden in the manner herein

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OK, I see now what you're saying about sine die. I just checked the General Assembly's website again and the governor still has not acted on HB 89, so we have about two more weeks to worry about what he's going to do with this bill.