Missouri's Lawmaking Process: From Bill To Law

The process of how a bill becomes a law in Missouri is a complex one, involving multiple stages and the participation of various stakeholders. The legislative power in Missouri is vested in the General Assembly, which consists of the Senate and the House of Representatives. Bills can be introduced in either house and are designated as Senate Bills or House Bills accordingly. The legislative procedure is similar in both houses, with some variations. The journey of a bill towards becoming a law includes multiple readings, committee reviews, amendments, votes, and ultimately, the governor's approval or veto. The process also involves specific timelines and conditions for each stage, with opportunities for expediting non-controversial bills.

Introduction of a bill

The introduction of a bill is the first step in the legislative process. In Missouri, bills may be introduced by any senator or representative, or written by the legislator or drafted by the staff of the Committee on Legislative Research at the request of a senator or representative. Members may pre-file bills from December 1 preceding the opening of the General Assembly session, and these are introduced on the first day of the session. Bills can be introduced through the 60th legislative day of the session unless consented to by a majority of elected members of each house or requested by the Governor in a special message.

When a bill is introduced, it 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 a second reading and is assigned to a committee by the speaker of the House or the president pro tem of the Senate. The bill is then presented to the committee by its sponsor, and both proponents and opponents are generally heard in a single hearing. In the case of unusually controversial, complex, or lengthy bills, several hearings may be held.

First and second readings

When a bill is introduced, it is assigned a number and read for the first time by its title by the Senate or House reading clerk. It is then placed on the calendar for a second reading and assigned to a committee by the Speaker of the House or the President Pro Tem of the Senate. The first reading is a formality, with the bill being read by its number and title only.

The second reading is followed by a public hearing before the committee to which the bill is assigned. The bill is presented to the committee by its sponsor, and both proponents and opponents are generally heard in a single hearing. In the case of unusually controversial, complex or lengthy bills, several hearings may be held.

After the first and second readings, the bill is voted on by the committee, which can then:

• Report the bill with the recommendation that it "do pass"
• Recommend passage with committee amendments
• Return the bill without recommendation
• Substitute a new bill in lieu of the original, known as a committee substitute
• Report the bill with a recommendation that it "do not pass"
• Make no report at all

Committee executive session

After a public hearing, the committee will meet to vote and make its recommendations. These meetings, known as executive sessions, are open to the public, but no testimony is taken. The committee can vote to:

• Report the bill to the House with the recommendation that it "do pass".
• Report the bill to the House with the recommendation that it "do pass" with committee amendments.
• Report the bill to the House with the recommendation that a committee substitute for the bill "do pass".
• Report the bill with the recommendation that it "do not pass". (Such a bill will not be taken up by the House unless 82 members vote to take it up.)
• Report the bill to the House without recommendation.

The Missouri state constitution allows a bill to be taken from committee by one-third of the members of the House. In this case, the bill is placed on the calendar for consideration by the House.

Perfection of a bill

The perfection of a bill is a critical stage in the legislative process, where the bill undergoes scrutiny and refinement before being finalised for passage. Here is a detailed overview of the perfection of a bill in Missouri's law-making process:

Committee Review and Recommendations:

The bill is first reviewed by a committee, which can be the House or Senate committee depending on its origin. The committee holds hearings, inviting both proponents and opponents of the bill to present their arguments. After careful consideration, the committee makes one of several recommendations:

• Report the bill with a "do pass" recommendation, indicating their support.
• Recommend passage with committee amendments attached, suggesting specific changes.
• Return the bill without a recommendation, leaving the decision to the respective house.
• Substitute the original bill with a new version known as a committee substitute.
• Report the bill with a "do not pass" recommendation, explicitly advising against its passage.
• Make no report at all, taking no action on the bill.

Placement on the Perfection Calendar:

If the committee reports the bill favourably or recommends a substitute, it is then placed on the "perfection calendar." This calendar determines when the bill will be considered for debate on the floor of the originating house.

Debate and Amendments:

During the perfection stage, the bill is open for debate and amendments. If a committee substitute is recommended, or if there are committee amendments, they are presented, debated, and voted on first. Following this, other members of the house can propose additional amendments, making changes to the bill's language or substance.

Vote for Perfection:

After all amendments have been considered and debated, a motion is made to declare the bill perfected. This vote is typically done by voice vote, but a roll call vote will be conducted if requested by at least five members. A majority of members present must vote in favour of perfection for the bill to advance.

Bill Reprint:

If the bill is approved for perfection, it is then reprinted, incorporating any amendments that were adopted during the process. This reprinted version will be marked with the word "Perfected" above the bill number.

The perfection stage is a crucial step in the legislative process, as it allows for careful review, debate, and refinement of the bill before it moves closer to becoming law. It ensures that the bill is thoroughly considered and amended as needed before proceeding to the final passage stage.

Third reading and final passage

After a bill has been perfected and reprinted, it goes on the calendar for a third reading and final passage. At this stage, only technical corrective amendments may be introduced, but members may debate the bill. Once the debate is concluded, a recorded vote is taken. Approval by a constitutional majority of elected members (82 in the House) is required for final passage. If the bill receives the required minimum of 82 votes, it is sent to the Senate, where it is read for the first and second time, referred to a committee for a public hearing, reported by the committee, amended on the floor, and offered for final approval. If the Senate makes changes to the bill, it is sent back to the House with a request to approve those changes. If the House approves the changes, the bill is "Truly Agreed to and Finally Passed" and sent to the Governor for their consideration. If the House rejects one or more of the Senate's changes, a conference may be requested, and five members from each house are designated as a conference committee. If the conference committee agrees, each reports to their own house on the committee's recommendation. If both houses approve the conference committee report, the bill is declared "Truly Agreed To and Finally Passed". The bill is then reprinted, and the words "Truly Agreed To and Finally Passed" are printed above the bill number. If either house rejects the conference committee report, it may be returned to the same or a newly appointed conference committee for further conferences.

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