Keith Mack
The process of a bill becoming a law in Missouri is a lengthy one. It involves multiple readings, committee hearings, votes, and approval from the Governor. The bill is first introduced and assigned a number, after which it goes through its first and second readings. It is then assigned to a committee, which holds a public hearing and votes on the bill. If the committee reports the bill favorably, it moves on to the perfection calendar. After perfection and reprinting, the bill goes through its third reading and final passage. If it passes, it is sent to the other house, where the process is repeated. If it passes in the second house, it is sent to the Governor for approval. The Governor has the option to sign the bill, veto it, or take no action. If the Governor takes no action within the prescribed time, the bill automatically becomes a law.
What You'll Learn
The role of the Missouri General Assembly
The Missouri General Assembly, also known as the Legislature, is composed of the Senate and the House of Representatives. Legislative power is vested in the General Assembly by Section 1, Article III of the Missouri Constitution.
The Senate consists of 34 members, who are elected for four-year terms. Senators must be at least 30 years old, qualified voters of the state for three years, and of the district they represent for one year. The Lieutenant Governor is the president and presiding officer of the Senate. In their absence, the President Pro Tem, who is elected by the Senate members, presides.
The House of Representatives consists of 163 members, elected at each general election for two-year terms. Representatives must be at least 24 years old, qualified voters of the state for two years, and of the district they represent for one year. The House of Representatives is presided over by the Speaker, who is chosen by the members, and in their absence, by the Speaker Pro Tem.
The General Assembly convenes annually on the first Wednesday after the first Monday of January at the State Capitol in Jefferson City. It adjourns on May 30, with no consideration of bills after 6:00 p.m. on the first Friday following the second Monday in May. The Governor may also convene the General Assembly in a special session for a maximum of 60 calendar days.
The legislative procedure is similar in both houses. Bills may be introduced in either house and are designated as Senate Bills or House Bills accordingly. No bill may contain more than one subject, which must be clearly expressed in its title. Bills are assigned a number and go through several readings, committee assignments, and votes before being passed.
After a bill is introduced, it is read for the first time by its title by the Senate or House reading clerk. It then goes on the calendar for the second reading and is assigned to a committee. A public hearing before the committee is the next step, where the bill is presented by its sponsor, and both proponents and opponents are heard. After the hearing, the committee meets to vote and make recommendations. The committee may report the bill with various recommendations, including that it "do pass", "do not pass", or "do pass" with committee amendments or a committee substitute.
If a bill is reported favorably out of committee or a substitute is recommended, it is placed on the "perfection calendar". When its turn comes up, it is debated on the floor of the originating house. Amendments can be proposed, and a motion is then made to declare the bill perfected. If a majority of members vote to perfect, the bill is reprinted in its original or amended form.
After perfection and reprinting, the bill goes on the calendar for the third reading and final passage. Members may speak for or against its passage, but no further amendments can be offered. A recorded vote is taken, and approval of a constitutional majority is required for final passage.
If the bill passes, it is sent to the other house, where the process is repeated. If further amendments are approved, these are reported to the originating house for approval. If the originating house does not approve, a conference may be requested, and a conference committee is formed. Upon agreement by the conference committee, each reports to its own house, and a vote is taken. If both houses approve, the bill is declared "truly agreed to and finally passed".
Once a bill is passed by both houses, it is signed in open session by the Speaker of the House and the President Pro Tem of the Senate. Members may file written objections at this time, which are sent with the bill to the Governor. The Governor has several options, including signing the bill, vetoing it, or taking no action. If the Governor vetoes a bill, it is returned to the General Assembly, and a two-thirds vote by members of both houses is required to override the veto. If the Governor takes no action within the prescribed time limit, the bill goes to the Secretary of State, who enrolls it as an authentic act, and it becomes law.
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The process of introducing a bill
During the pre-introduction period, bills are assigned a number and are automatically introduced and read for the first time on the opening day of the General Assembly session. This first reading is done by the Senate or House reading clerk, who reads the title of the bill.
After the first reading, the bill is placed 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 committee to which the bill is assigned will hold a public hearing, where the bill is presented by its sponsor, and both proponents and opponents have the opportunity to be heard.
Following the public hearing, the committee will meet to vote and make recommendations on the bill. The committee's recommendations can include reporting the bill with a "do pass" recommendation, suggesting passage with committee amendments, substituting the original bill with a new one, or recommending that the bill "do not pass."
If the committee reports the bill favorably or recommends a substitute, it proceeds to the next step, known as the perfection of the bill. At this stage, the bill is placed on the "perfection calendar" and, when its turn comes, it is debated on the floor of the originating house. Any committee amendments or substitutes are presented, debated, and voted on.
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The governor's role in lawmaking
The governor plays a crucial role in the lawmaking process in Missouri. While the Missouri General Assembly, composed of the Senate and the House of Representatives, is responsible for introducing and passing bills, the governor has the power to influence and shape legislation in several ways. Here is an overview of the governor's role in lawmaking:
Proposing Legislation
The governor can play an active role in proposing and initiating the legislative process. They have the authority to request consideration of proposed legislation by sending a special message to the General Assembly. This allows the governor to bring attention to specific issues and areas where they believe new laws or amendments are needed.
Veto Power
Once a bill has been passed by the General Assembly, it is sent to the governor for their consideration. The governor has the power to veto, or reject, a bill. If the governor vetoes a bill, it is returned to the house of origin with their objections. Overriding a gubernatorial veto requires a two-thirds vote in both houses of the General Assembly, which is a high bar to meet. This veto power gives the governor significant influence over the final shape of legislation.
Signing Bills into Law
If the governor approves a bill, they sign it, and it becomes part of Missouri law. The signed bill is then returned to its house of origin and delivered to the Office of the Secretary of State. This step finalises the process of enacting the legislation.
Timeframe for Action
The governor has a defined timeframe within which they must act on a bill. If a bill is delivered to the governor during the legislative session, they have 15 days to take action. However, if the legislature has adjourned or recessed for 30 days, the governor has an extended period of 45 days to act. If the governor does not sign or veto a bill within these time limits, it will automatically become law, just as if they had signed it.
Impact on Timing of Laws
The governor's actions can also influence the timing of when a law takes effect. While most laws passed by the General Assembly take effect 90 days after the end of the session in which they were enacted, there are exceptions. If a bill contains an emergency clause, it takes effect immediately upon the governor's signature. Additionally, some bills specify an exact date for implementation, which can be longer than the standard 90-day period.
Addressing Vetoed Bills
When the governor vetoes a bill, it is returned to the General Assembly, and a two-thirds majority vote in both houses is required to override the veto. If the General Assembly is not in session when a bill is vetoed, it automatically reconvenes to consider the vetoed bill. This process ensures that the governor's objections are given due consideration and allows for a potential compromise or further amendments to the legislation.
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The effective date of laws
However, there are exceptions to this rule. If a bill is passed with an emergency clause attached, it takes effect immediately upon the Governor's signature. In addition, some bills specify the exact date when they are to take effect, which is usually a period of time longer than 90 days.
Once a bill has been passed by the General Assembly and signed by the Governor, it is delivered to the Secretary of State to be preserved as an authentic act. The Secretary of State publishes an annual volume of "Laws of Missouri," which includes all the laws passed during the previous year.
It is important to note that the process of a bill becoming a law can vary depending on the specific circumstances and the level of government involved (state or local). For example, at the local level, a bill may become a law through a different process involving a mayor and a board of aldermen, as seen in the case of St. Louis, Missouri.
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The duties of the secretary of state
In Missouri, the duties of the secretary of state are as follows:
- 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 are seldom seen unless some question arises.
- Prior to the binding of the laws, the secretary of state publishes a volume of "Laws of Missouri" annually. This is distributed to members of the General Assembly, state officials, and other interested persons.
- The secretary of state receives all bills that are truly agreed to and finally passed in their typed form. These are then signed in open session by the House speaker and Senate president or president pro tem.
- All bills which become law are reported to the secretary of state.
- The Joint Committee on Legislative Research publishes each year's bills in a book entitled "Laws of Missouri".
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Frequently asked questions
The legislative procedure is virtually the same in both houses. A bill is introduced and assigned a number. It is then read for the first time by its title and goes on the calendar for a second reading and assignment to a committee. After a public hearing, the committee meets to vote and makes its recommendations. If the bill is reported out of committee, it is placed on the "perfection calendar". After its turn for consideration, it is debated on the floor of the originating house. If amendments are recommended, they are presented, debated, and voted on. The bill is then reprinted in its original or amended form. After perfection and reprinting, the bill goes on the calendar for a third reading and final passage. After the third reading, a recorded vote is taken. If the bill receives the required minimum number of votes, it is sent to the other house, where the process is repeated. If it passes the second house, it is sent to the governor for their consideration. If the governor signs the bill, it becomes part of Missouri law.
No law passed by the General Assembly can take effect until 90 days after the end of the session at which it was enacted (August 28 for regular sessions). However, if a bill is passed with an emergency clause attached, it takes effect immediately upon the governor's signature. Some bills specify the exact date when they are to take effect, which is usually a period longer than 90 days.
The governor has 15 days to act on a bill if it is delivered to them during the legislative session, and 45 days if the legislature has adjourned or recessed for a 30-day period. The governor has four options: they can sign the bill, veto it, not sign it (in which case it goes to the Secretary of State, who enrolls the bill as an authentic act), or veto line-items in an appropriation bill.
Yes, a two-thirds vote by members of both houses is required to override a governor's veto.
Legislation is introduced by Aldermen in the form of bills and is read before the entire Board. After the first reading, the bill is referred to a specific standing committee for study and recommendation. The committee reports back to the full Board for a second reading. Each bill reported out of a committee will have one of three possible recommendations: "Do Pass", "Do Not Pass", or "Without Recommendation". After the second reading, the bill may be referred back to the committee or placed on the informal calendar. Bills are then approved by a simple majority, after which they are presented to the Mayor for their approval or disapproval. The Mayor has 20 days to take action on the bill; if they do not, the bill automatically becomes law. If the Mayor vetoes the bill, a two-thirds majority vote of the Board is required to override it. After a bill is adopted by the Board of Aldermen and signed by the Mayor, it becomes a City Ordinance.
