The process of a bill becoming a law in Mississippi involves several steps and requirements. The legislative branch of the state government, comprising the Senate and the House of Representatives, is responsible for drafting and proposing laws in the form of bills. These bills undergo debate and votes in their respective chambers, often incorporating amendments along the way. Once a bill passes both chambers, it is sent to the governor for approval, who can either sign it into law or veto it. If the governor takes no action within five days, the bill automatically becomes law without their signature. However, it is important to note that the percentage of bills becoming laws in Mississippi has been relatively low compared to previous years.
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Bills drafted by Mississippi legislators
In Mississippi, the legislative branch is responsible for writing laws for the state. The state legislature is divided into two houses: the Senate and the House of Representatives. The state is further divided into 52 senate districts and 122 representative districts. Senators and representatives are voted into office by constituents in those districts for four-year terms.
Each year, in January, the Mississippi Legislature begins its session, where members bring proposed laws, called "bills," to the floor of either the House of Representatives or the Senate for debate and, eventually, a vote. During this process, changes or "amendments" are often made to the bill and are incorporated before a final vote takes place.
If a bill is first presented on the floor of the House of Representatives, once that bill has been passed by the members of the House, it must then go to the Senate for debate and vote. The same principle operates if a bill is first introduced in the Senate; the House of Representatives is presented with the final version of the bill for a vote. The second chamber has the opportunity to make changes to the bill. Those changes are then voted on by the original chamber.
In the 2023 session, Mississippi legislators drafted 2,876 bills, the largest number in six years. However, only a small percentage of these became law.
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Bills passed by both chambers
Once a bill has been passed by both chambers of the Mississippi Legislature, it is sent to the governor for signature or veto. The governor has several options: they can sign the bill into law, or they have five days to return it to the House of Representatives or the Senate with objections. If the governor does not take either of these actions, the bill automatically becomes law without the governor's signature.
The governor can also veto the bill, but the legislature can override this with a two-thirds vote in both houses in favour of the bill's passage. Most bills signed into law by the governor will go into effect on July 1, the first day of the new fiscal year.
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Bills signed into law by the governor
The governor of Mississippi plays a crucial role in the process of how a bill becomes a law. Once a bill has successfully passed through both chambers of the Mississippi Legislature, it is sent to the governor for their signature or veto. The governor has five days to either approve a bill by signing it into law or return it to the House of Representatives or the Senate with objections. If the governor takes no action within the five-day period, the bill automatically becomes law without their signature.
In the case of a veto, the legislature can override it with a two-thirds vote in both houses in favour of the bill's passage. The chances of bills passed by the legislature being signed by the governor are generally good. For example, in one session, Governor Phil Bryant only vetoed three out of 366 bills, averaging four vetoes per session over the previous three years.
Most bills signed into law by the governor will go into effect on July 1, the first day of the new fiscal year. This process underscores the governor's significant role in shaping the state's legislative landscape and ensuring the laws enacted align with the interests and well-being of Mississippi's citizens.
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Bills taking effect on the first day of the fiscal year
The fiscal year in Mississippi starts on July 1 and ends on June 30. Bills without an emergency clause take effect on August 28 (90 days after the official end of the session on May 30). However, bills with an emergency clause become effective immediately upon the governor's approval, unless a later date is specified in the clause—often July 1, which is the first day of the new fiscal year.
- A ban on texting and most other uses of mobile devices while driving, regardless of driver age (SB 398). This law does not restrict voice-only phone calls using voice-activated or hands-free features in non-commercial vehicles, and does not apply when a vehicle is legally stopped or parked.
- A provision that restores the 2.55% benefit factor for 32 or more years of PSRS service credit for persons retiring on or after the effective date.
- An increase in the earnings limit for PSRS retirees working part-time in PEERS positions to 133% of the Social Security earnings limit for the next five years, and then 100% of the earnings limit thereafter.
- An extension of the critical shortage employment option from two years to four years, and an increase in the number of critical shortage teaching positions in a district.
- A provision that preserves the PSRS-eligible status for speech implementers employed before August 1, 2022, who are employed on or after August 28, 2022, as a speech-language pathology assistant.
- A same-sex domestic partner pop-up provision for retirees with similar documentation requirements to the divorce pop-up provision in current law.
These bills, which took effect on August 28, were enacted to improve the state's school retirement systems.
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Bills vetoed by the governor
The governor of Mississippi has the power to veto bills passed by the state legislature. In 2020, the Mississippi Supreme Court expanded the governor’s veto power by upholding two partial vetoes by Governor Tate Reeves. The court's ruling stated that "the governor may veto parts of any appropriations bill, and approve parts of the same, and the portion approved shall be law". This interpretation of Section 73 of the Mississippi Constitution gave the governor the authority to veto the purposes and conditions of appropriations bills.
However, the governor's veto power is not without limits or controversy. In 2022, Governor Reeves issued partial vetoes of House Bill 1353, which some argued was a general bill rather than an appropriations bill, and therefore not subject to the governor's partial veto power. Despite this, the Supreme Court's broad interpretation of the governor's veto power in 2020 has given the executive branch significant influence over legislation in Mississippi.
In addition to vetoing bills, the governor of Mississippi can also veto regulations of state boards and commissions. A bill that would have given the governor this power was passed by the House in 2017 but failed to pass in the Senate. The bill would have required the governor to sign off on regulations of any state "occupational licensing board" controlled by "active market participants". This would have given the governor influence over who gets into certain professions and what they can do once they are in.
The governor of Mississippi has also used the threat of a veto to influence policy. In 2020, Governor Reeves stated that he would veto any efforts to broaden state laws to allow widespread mail-in voting or no-excuse early voting. This was in line with his support for President Donald Trump, who had questioned the counting of mail-in ballots in the 2020 election.
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Frequently asked questions
The legislative branch is responsible for writing laws for the state of Mississippi. The state legislature is divided into two houses: the Senate and the House of Representatives. A bill is first presented on the floor of either the House of Representatives or the Senate for debate and a vote. Once a bill passes both chambers of the Mississippi Legislature, it is sent to the governor for signature or veto.
If a bill passes both chambers, it is sent to the governor for signature or veto. The governor has five days to either approve a bill by signing it into law or return it to the House of Representatives or the Senate with objections.
If a bill is vetoed by the governor, it is returned to the House of Representatives or the Senate with objections. The legislature can override a governor's veto with a two-thirds vote of both houses in favor of the bill's passage.
Yes, if the governor does not sign a bill into law or return it to the legislature with objections within five days, the bill automatically becomes law without the governor's signature.
The Mississippi Legislature is responsible for writing and passing laws for the state. The legislature is divided into two houses: the Senate and the House of Representatives. Members of both houses can introduce bills, which are then debated and voted on by the respective chambers.