Posted by Jonathan Adler:
Are Sundays "Days"?
http://volokh.com/archives/archive_2007_01_07-2007_01_13.shtml#1168345393
One of new Ohio Governor Ted Strickland's very first official acts was
[1]vetoing a bill that outgoing Governor Bob Taft had intended to let
become a law. The legislation, Senate Bill 117, would have amended the
state's consumer protection laws to cap noneconomic damages in
predatory lending suits and limit the ability of Ohio municipalities
to sue paint manufacturers aleging that lead paint used decades ago
constitutes a "public nuisance" for which the manufacturers are
responsible.
[2]According to the Cleveland Plain Dealer, there is a dispute over
whether Governor Strickland's veto was constitutional. Once the
legislature passes a bill, it will become law if neither signed nor
vetoed by the Governor within ten days. At issue is whether the to
count Sundays when the legislature is out of session. Bill supporters
say "yes"; Governor Strickland and incoming state Attorney General
Marc Dann say "no." The relevant Constitutional provision provides:
If a bill is not returned by the governor within ten days, Sundays
excepted, after being presented to him, it becomes law in like
manner as if he had signed it, unless the general assembly by
adjournment prevents its return; in which case, it becomes law
unless, within ten days after such adjournment, it is filed by him,
with his objections in writing, in the office of the secretary of
state.
Because the legislature adjourned after passing the bill, supporters
maintain, Sundays should be included in the ten days, and the clock
ran out on January 5. Strickland's office, however, claims he had
until Monday, January 8, which is when he vetoed the bill. At present,
it looks like this one will end up in court.
References
1.
http://www.cleveland.com/weblogs/business/index.ssf?/mtlogs/cleve_business/archives/2007_01.html#222976
2.
http://www.cleveland.com/business/plaindealer/index.ssf?/base/business/116833594748420.xml&coll=2
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