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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. |
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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. |
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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, a motion 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. |
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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. |
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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.
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Governor's
part in lawmaking |
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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. |
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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.
(In effect, most laws take effect on August 28th
unless there is an emergency provision in the
bill allowing for it's immediate enactment.) |
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Duties
of the secretary of state |
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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. |
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