Wyoming LAP Book - 2001-2002 Legislation

SJ 2: Governor's Partial Veto Authority
2001 General Session Sponsor: Management Council

      Currently, the Wyoming Constitution provides that the governor may veto specific items or parts of any bill that contain appropriations of money.
      During the 2000 budget session, the Legislature overwhelmingly approved SJ 1, a proposed constitutional amendment to limit the governor's line-item veto to general appropriations (budget) bills only.
      SJ 1 then became embroiled in another legislative-executive branch dispute over the process for amending the Wyoming Constitution (see description for SJ 3, 2001 General Session, below).
      Gov. Geringer did not sign SJ 1 and then sued the Legislature, claiming the proposed amendment was invalid because he was not given the opportunity to sign it (per a legislative rule sending proposed constitutional amendments directly to the ballot).
      Gov. Geringer prevailed in a 3-2 decision from the Wyoming Supreme Court. Consequently, SJ 1 did not appear on the November 2000 general election ballot.
      Recovering its position, the 2001 Legislature passed SJ 2, which again passed handily in both houses. Though Governor Geringer opposed the measure, he did not veto it.
      The proposed constitutional amendment will appear as Constitutional Amendment C on the November 2002 general election ballot as follows:

      This amendment would limit the governor's partial veto authority (line item veto authority) to apply only to general appropriations bills.

      The arguments for and against the proposed constitutional amendment follow classic disputes over the separation and balance of powers between the legislative and executive branches of government.
      Supporters of SJ 2/Constitutional Amendment C believe the Wyoming Constitution now gives too much power to the governor via the line-item veto for any appropriation.
      Opponents of the constitutional amendment believe that changing the constitution to eliminate the governor's line-item veto would give the Legislature too much power.
      SJ 2 passed the Senate unanimously and the House on a 51-7 vote (two excused). Dissenting votes in the House were: Reps. Charles Hessenthaler (R-H26, Lovell), Mike Baker (R-H28, Thermopolis), John Hines (R-H31, Gillette), George McMurtrey (R-H52, Gillette), Jeff Wasserburger (R- H32, Gillette), Frank Philp (R-H34, Shoshoni), and Jack Landon (R-H20, Sheridan).
      Reps. Jane Wostenberg (R-H27, Worland) and Marlene Simons (R-H1, Beulah) were excused.