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Chapter 4, Legislative Branch

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Chapter 4, Legislative Branch Chapter 4 Legislative Branch Senator Truman striding down the steps of the Capitol Photo Courtesy of harry S. Truman Library and Museum 124 OFFICIAL MANUAL September for a period not to exceed 10 calen- dar days to consider vetoed bills. A special session of the General Assembly may be called by petition of the General The Missouri Assembly. If three-fourths of the members of the Senate and three-fourths of the members of the House sign the petition calling for a special ses- General sion, the president pro tem of the Senate and the speaker of the House shall, by joint proclama- Assembly tion, convene the General Assembly in special session. The petition and proclamation must specifically state the subjects to be considered during the special session, and the signed peti- Legislative power in Missouri is vested by tion must be filed with the secretary of state. Section 1, Article III of the 1945 Constitution in The General Assembly shall automatically the General Assembly, composed of the Senate stand adjourned sine die at 6 p.m. on the 30th and the House of Representatives. Their website calendar day after the convening of the special is www.moga.mo.gov. session unless it has adjourned sine die before The Senate consists of 34 members elect- the 30th day. No appropriation bill shall be ed for four-year terms. Senators from odd-num- considered in the special session if the General bered districts are elected in presidential election Assembly has not passed the operating budget years. Senators from even-numbered districts are in compliance with Article III, Section 25 of the chosen in the midterm elections. Each senator Missouri Con stitution. must be at least 30 years of age, a qualified voter The governor may convene the General of the state for three years and of the district he Assembly in extraordinary session for a maxi- or she represents for one year. The lieutenant mum of 60 calendar days at any time. Only governor is president and presiding officer of the subjects recommended by the governor in his or Senate. In the absence of the lieutenant gover- her call or a special message may be considered. nor, the president pro tem, elected by the Senate members, presides. Organization of the General Assembly The House of Representatives consists of 163 members, elected at each general election for a Following the general election in November two-year term. A representative must be at least of even numbered years, the majority and minor- 24 years of age, a qualified voter of the state for ity members of each house caucus separately nominate candidates for the offices to be elected two years and of the district he or she represents by each body and organize their parties for the for one year. The House is presided over by the coming session. Nominees of the majority party speaker, chosen by the members, and in the and minority party are elected. Each party names absence of the speaker by the speaker pro tem. its floor leader, assistant floor leader, caucus Reapportionment of both houses of the chair and secretary. Missouri General Assembly following each Both houses of the General Assembly con- decennial U.S. census is provided for by the vene at noon on the opening day of the session. Missouri Constitution. The Senate is called to order by the lieutenant Senators and representatives receive a salary governor. Temporary officers are named and of $39,515 per year, a weekly allowance for the roll of new and incumbent senators is read. miles traveled going to and returning from their Newly elected senators are then sworn in, usu- place of meeting and expenses for each day the ally by a judge of the Supreme Court. The presi- General Assembly is in session. dent pro tem and other permanent officers are then elected and take an oath of office adminis- tered by the president of the Senate. Time of Meeting The House of Representatives is called to The General Assembly convenes annually order by the secretary of state and the oath is on the first Wednesday after the first Monday of administered to all members. After the swear- January. Adjournment is midnight on May 30, ing-in ceremony, a roll call is taken and a tempo- with no consideration of bills after 6 p.m. on rary speaker is named. He or she presides for the the first Friday after the second Monday in May. nomination and election of permanent officers. The General Assembly reconvenes on the first Temporary rules, usually the rules in force for the Wednesday following the second Monday in preceding session, are adopted. LEGISLATIVE BRANCH — MISSOURI GENERAL ASSEMBLY 125 After each house notifies the other that it is Bills also may be introduced by any senator or duly organized, a House Resolution is adopted, representative during session. Bills may be written inviting the Senate to a joint meeting to receive by the legislator or by the staff of the Committee on the governor’s message. Under the Constitution, Legislative Research at the re quest of a senator or the governor, at the beginning of each session, representative. When introduced, a bill is assigned delivers a message concerning state government a number and read for the first time by its title. It with any recommendations he or she wishes to then goes on the calendar for second reading and make for the enactment of legislation. This mes- assignment to committee by the speaker of the sage is commonly referred to as the State of the House or the president pro tem of the Senate. State Address. A public hearing before the committee to Each house determines its own rules, and which a bill is assigned is the next step in the procedures and rules may not be dispensed with, legislative process. Except in the case of unusually except by unanimous consent or concurrence by controversial, complex or lengthy bills, the bill is a constitutional majority. Both the Senate and presented by its sponsor, and both proponents and House are required to keep a daily journal of opponents are heard in a single hearing. When their proceedings. At the end of the session, the hearings are concluded, the committee meets to journals are bound by the House and Senate. The vote and makes its recommendations. The com- secretary of state’s office maintains microform mittee may (1) report the bill with the recommen- copies of the journals. dation that it “do pass;” (2) recom mend passage with committee amendments, which are attached Term Limits to the bill; (3) return the bill without recommenda- tion; (4) substitute in lieu of the original bill a new In November 1992, the voters approved an bill to be known as a committee substitute; (5) amendment to the Missouri Constitution to limit report the bill with a recommendation that it “do for the first time the amount of total service in the not pass;” or (6) make no report at all. House and Senate to eight years in each. Total legislative service was limited to sixteen years. In Perfection of a Bill November 2002 voters approved an additional amendment to allow members elected through If a bill is reported favorably out of commit- a special election, after the effective date, to tee or a substitute is recommended, it may be serve the partial term and two full terms for the placed on the “perfection calendar.” When it Senate and four full terms for the House, through is brought up for consideration, it is debated on a general election. the floor of the originating house. If a substitute is recommended by the committee or if commit- tee amendments are attached to the bill, they How Bills Become Laws are first presented, debated and voted upon. At this point, further amendments can be proposed General Provisions by other members. When all amendments and Bills may originate in either house and are substitutes have been considered, a motion is designated as Senate Bills or House Bills, depend- made to declare the bill perfected. Perfection is ing on the house in which they originate. No bill voted on by a voice vote or, on the request of five (except general appropriations bills) may contain members, by roll call. If a majority of members more than one subject, which is to be expressed vote to perfect, the bill is reprinted in its original clearly in its title. No bill can be amended in its or amended form. passage through either house so as to change its original purpose. No bill can be introduced in Final Passage of a Bill either house after the 60th legislative day of a After perfection and reprinting, the bill goes session unless consented to by a majority of the on the calendar for third reading and final pas- elected members of each house. No appropriation sage. When the bill is reached in the order of bill shall be taken up for consideration after 6 p.m. business, any member may speak for or against on the first Friday following the first Monday in its passage, but no further amendments can be May of each year. offered. At the conclusion of debate, a recorded vote is taken. Approval of a constitutional major- Introduction of a Bill ity of the elected members (18 in the Senate and Missouri law provides for pre-introduction 82 in the House) is required for final passage. of bills beginning December 1 preceding the Passage of the bill is then reported to the other opening of the assembly session and continuing chamber where it is read a second time, referred up to, but not including, the first day of session.
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