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General provisions
No law is
passed except by bill. Bills may
originate in either house and
are designated as Senate Bills
or House Bills, depending on the
house in which they originate.
No bill (except general
appropriations bills) may
contain more than one subject,
which is to be expressed clearly
in its title. No bill can be
amended in its passage through
either house so as to change its
original purpose. No bill can be
introduced in either house after
the 60th legislative day of a
session unless consented to by a
majority of the elected members
of each house. The governor may
request consideration of
proposed legislation by a
special message. No
appropriation bill shall be
taken up for consideration after
6:00 p.m. on the first Friday
following the first Monday in
May of each year.
Introduction of a bill
Legislation approved by the 1971
General Assembly (H.B. 156)
provides for preintroduction of
bills beginning December 1
preceding the opening of the
assembly session and continuing
up to, but not including, the
first day of the session. Bills
filed during the preintroduction
period are automatically
introduced and read the first
time on the opening day of the
session.
Bills may
also be introduced by any
senator or representative during
the session. Bills may be
written by the legislator or
drafted by the staff of the
Committee on Legislative
Research at the request of a
senator or representative. When
introduced, a bill is assigned a
number and read for the first
time by its title by the Senate
or House reading clerk. It then
goes on the calendar for second
reading and assignment to
committee by the speaker of the
House or the president pro
tem of the Senate.
A public
hearing before the committee to
which a bill is assigned is the
next step in the legislative
process. Except in the case of
some unusually controversial,
complex or lengthy bills, the
bill is presented by its sponsor
and both proponents and
opponents are heard in a single
hearing. When hearings are
concluded, the committee meets
to vote and makes its
recommendations. The committee
may: (1) Report the bill with
the recommendation that it "do
pass"; (2) Recommend passage
with committee amendments, which
are attached to the bill; (3)
Return the bill without
recommendation; (4) Substitute
in lieu of the original bill a
new bill to be known as a
committee substitute; (5) Report
the bill with a recommendation
that it "do not pass" or (6)
Make no report at all.
Perfection
of a bill
If a bill
is reported favorably out of
committee or a substitute is
recommended, it is placed on the
"perfection calendar" and when
its turn comes up for
consideration it is debated on
the floor of the originating
house. If a substitute is
recommended by the committee or
if committee amendments are
attached to the bill, they are
first presented, debated and
voted upon. Further amendments
can then be proposed by other
members with their changes
designated as House or Senate
amendments to differentiate from
the committee amendments. When
all amendments have been
considered, amotion is made to
declare the bill perfected.
Perfection is usually voted on a
voice vote but on the request of
five members, a roll call shall
be taken. If a majority of
members vote to perfect, the
bill is reprinted in its
original or amended form.
Final
passage of a bill
After
perfection and reprinting, the
bill goes on the calendar for
third reading and final passage.
When the bill is reached in the
order of business any member may
speak for or against its passage
but no further amendments of a
substantive nature can be
offered. At the conclusion of
debate, a recorded vote is
taken. Approval of a
constitutional majority of the
elected members (18 in the
Senate and 82 in the House) is
required for final passage.
Passage of
the bill is then reported to the
other house where it is again
read a second time; referred to
committee for hearing; reported
by committee; and third read and
offered for final approval. If
further amendments are approved,
these are reported to the
originating house with a request
that the changes be approved. If
the originating house does not
approve, a conference may be
requested and members from each
house are designated as a
conference committee. Upon
agreement by the conference
committee (usually a compromise
of differences), each reports to
its own house on the committee's
recommendation. The originating
house acts first on the
conference committee version of
the bill. If it is approved it
goes to the other house and upon
approval there, the bill is
declared "truly agreed to and
finally passed." If either house
rejects the conference committee
report, it may be returned to
the same or a newly appointed
committee for further
conferences.
Upon final
passage, a bill is ordered
enrolled. It is typed in its
finally approved form, printed
and the bills are closely
compared and proofed for errors.
Signing of
the bill
Bills
truly agreed to and finally
passed in their typed form are
then signed in open session by
the House speaker and Senate
president or president pro
tem. At the time of signing,
any member may file written
objections which are sent with
the bill to the governor.
Governor's part in lawmaking
The
governor has 15 days to act on a
bill if it is sent to him during
the legislative session; and 45
day if the legislature has
adjourned or has recessed for a
30-day period.
If he
signs a bill, it is returned to
its house of origin with his
message of approval, then
delivered to the Office of
Secretary of State. If the
legislature is not in session,
it is delivered directly to the
Office of Secretary of State.
If the
governor vetoes a bill, it is
returned to the house of origin
with his objections. A
two-thirds vote by members of
both houses is required to
override a governor's veto.
If any
bill shall not be returned by
the governor within the time
limits prescribed by Article
III, Section 31 of the Missouri
Constitution it shall become law
in the same manner as if the
governor had signed it.
Effective date of laws
The 1945
Constitution provides that no
law passed by the General
Assembly shall take effect until
ninety days after the end of the
session in which it was enacted,
except an appropriation act or
in case of an emergency, which
must be expressed in the
preamble or in the body of the
act. Some bills specify the
exact date when they are to take
effect.
Duties of
the secretary of state
The
secretary of state preserves the
finally typed copy of the law.
All the laws are bound together
in one volume at the close of
each session and seldom are seen
unless some question arises.
Prior to binding of the laws,
the secretary of state publishes
annually a volume of "Laws of
Missouri", which is
distributed to members of the
General Assembly, state
officials and other interested
persons.
The
general statute laws are revised
by the revisor of statutes in
the Office of the Committee on
Legislative Research, digested
and promulgated. These are known
as the Revised Statutes of
Missouri. Under legislation,
the Committee on Legislative
Research also publishes annual
supplements to the statutes to
include changes in laws since
the last revision. |