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News Items>
How a Bill Becomes a Law
November 27, 2006
Good morning everyone.
Election day has passed and there have been some fairly
significant changes in both Washington D.C. and Jefferson
City as well. Frankly, at our state level, there were some
very beneficial changes for us as NP's.
We still have our work cut out for us, so lets join in
together.
First, congratulate your local representative/senator on
their recent election and congratulate them in their recent
bid. Begin working on getting to know them, and work on
forming new relationships. I have found, on the most part,
they really do listen to us and want our input.
I will email more later of reminders for us and updates as
I get them.
If anyone needs to know who their rep/senator is, email me
please.
Here is the following interesting information that several
members desired:
How Bills Become Laws
No law is passed except by bill. Bills may be introduced in
the House or Senate, except appropriations bills, which by
tradition originate in the House. 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 other than an
appropriation 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 or
requested by the Governor in a special message.
The legislative procedure is virtually the same in both
houses. The following is the path a bill follows when
introduced in the House.
I. INTRODUCTION OF A BILL
Members may prefile bills beginning December 1 preceding
the opening of the General Assembly session. Bills prefiled
are actually introduced on the first day of the session.
Members may introduce bills through the 60th legislative
day of the session.
II. FIRST AND SECOND READINGS
When introduced a bill is assigned a number and read the
first time by its number and title only by the House
reading clerk. It then goes on the calendar for second
reading; following second reading it is assigned to
committee by the Speaker of the House.
III. PUBLIC HEARING
A public hearing before the committee to which a bill is
assigned is the next step in the legislative process. 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.
IV. COMMITTEE EXECUTIVE SESSION
After a hearing is held, a committee may meet to vote and
make its recommendations. These executive sessions are also
open to the public, but no testimony is taken. The
committee may vote to:
1. Report the bill to the House with the recommendation
that it "do pass."
2. Report the bill to the House with the recommendation
that it "do pass" with committee amendments.
3. Report the bill to the House with the recommendation
that a committee substitute for the bill "do pass."
4. 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.)
5. Report the bill to the House without recommendation.
The state constitution allows a bill to be taken from
committee by one-third of the members of the House. Such a
bill is placed on the calendar for consideration by the
House.
V. PERFECTION OF A BILL
If a bill is reported favorably out of committee or a
committee substitute is recommended, the bill or committee
substitute is placed on the "perfection calendar." When its
turn comes up for consideration it is debated on the floor
of the House. If committee amendments are recommended, they
are first presented, debated, and voted on. Further
amendments can then be proposed by any House member. When
all amendments have been debated and voted on, a vote is
taken on whether to have the bill "perfected and printed,"
with any amendments incorporated into the bill. If a
committee substitute is recommended, the House, after
considering any amendments to the committee substitute,
will vote on whether to adopt the committee substitute,
before taking the vote to have the bill perfected and
printed. Another kind of substitute, called a "House
substitute," is also in order when a bill is being
perfected. A House substitute is also amendable and a vote
is taken on its adoption before the vote to perfect and
print the bill. The affirmative vote of a majority of the
members present is sufficient to order a bill perfected and
printed. The vote is usually a voice vote but may be by
roll call and must, like any other motion, be by roll call
if at least five members request it. The newly printed bill
carries the word "Perfected" above the bill number.
VI. THIRD READING AND FINAL PASSAGE
After perfection and re-printing, a bill goes on the
calendar for Third Reading. Only technical corrective
amendments may be introduced at this stage, but members may
debate the bill. At the conclusion of debate, a recorded
vote is taken. Approval by a constitutional majority of the
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 again read a
first and second time; referred to a committee for a public
hearing; reported by committee; amended on the floor and
offered for final approval. If the Senate changes the bill
in any way, it is sent back to the House with the request
that the changes be approved. If they are, the bill is
Truly Agreed to and Finally Passed and sent to the Governor
for his consideration. If one or more Senate changes are
rejected, a conference may be requested and five 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. If both houses approve
the conference committee report, the bill is declared Truly
Agreed To and Finally Passed. The bill is 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.
Consent Bills: There is a procedure in both the House and
the Senate for expedited treatment of bills of a
non-controversial nature. In the House the procedure is
this: By unanimous vote any House committee may report a
bill which neither increases state costs nor reduces state
revenues to the consent calendar. The bill remains on the
Consent Bills for Perfection Calendar for five days. At the
end of that time, as long as at least five members have not
objected to it being on the Consent Calendar, it is
considered perfected and is placed on the Consent Bills for
Third Reading Calendar. On Third Reading such bills may not
be amended. They may, however, be amended in the Senate.
VII. SIGNING BY THE GOVERNOR
Bills Truly Agreed To and Finally Passed are signed in open
session by the Speaker of the House and the President Pro
Tem of the Senate. At the time of signing, any members may
file written objections which are sent with the bill to the
Governor. The Governor has fifteen days to act on a bill if
it is sent to him during the legislative session; and
forty-five days if the legislature has adjourned or has
recessed for a thirty day period. The Governor has four
options:
1. Sign the bill, making it become part of Missouri law.
2. Veto the bill. In this case, the bill is returned to the
General Assembly where a two-thirds vote of both houses is
required to override the veto.
3. Not sign the bill. Should the Governor take no action
within the prescribed time, the bill goes to the Secretary
of State, who then enrolls the bill as an authentic act. It
then becomes law.
4. Veto line-items in an appropriation bill. On
appropriation bills only, the Governor may choose to veto
selected items within the bill. The General Assembly may
override this veto by a two-thirds majority of both houses.
VIII. EFFECTIVE DATE OF LAWS
No law passed by the General Assembly can take effect until
ninety days after the end of the session at which it was
enacted (August 28 for regular sessions). However, if a
bill was 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 ninety days.
IX. PUBLICATION OF LAWS
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. In addition, the Revisor of Statutes updates
another publication, the Revised Statutes of Missouri, to
reflect the changes made in the law each year.
Respectfully submitted
Dan J.
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