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CHAPTER 4 Legislative Branch Four men relax on Peter Guthoerl's porch, c1910 Gill Photograph Collection Missouri State Archives 128 OFFICIAL MANUAL ND DIV TA ID S E D E E PLU UM RI BU N S U W W E D F E A T I L N L U exceed 10 calendar days to consider vetoed bills. SALUS X ESTO LE P O P A U L I S UP R E M M D C C C X X A special session of the General Assembly may be called by petition of the General Assem- The Missouri bly. 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 session, the president pro tem of the Senate and the speaker General of the House shall, by joint proclamation, con- vene the General Assembly in special session. The petition and proclamation must specifically state the subjects to be considered during the Assembly special session, and the signed petition must be filed with the secretary of state. Legislative power in Missouri is vested by The General Assembly shall automatically Section 1, Article III of the 1945 Constitution in stand adjourned sine die at 6 p.m. on the 30th the General Assembly, composed of the Senate calendar day after the convening of the special and the House of Representatives. Their website session unless it has adjourned sine die before is www.moga.mo.gov. the 30th day. No appropriation bill shall be con- The Senate consists of 34 members, elected for sidered in the special session if the General four-year terms. Senators from odd-numbered dis- Assembly has not passed the operating budget in tricts are elected in presidential election years. compliance with Ar ticle III, Section 25 of the Senators from even-numbered districts are chosen Missouri Con stitution. in the midterm elections. Each senator must be at The governor may convene the General As - least 30 years of age, a qualified voter of the state sembly in extraordinary session for a maximum for three years and of the district he or she repre- of 60 calendar days at any time. Only subjects sents for one year. The lieutenant governor is pres- recommended by the governor in his or her call ident and presiding officer of the Senate. In the or a special message may be considered. absence of the lieutenant governor, the president pro tem, elected by the Senate members, presides. Organization of the General Assembly The House of Representatives consists of 163 Following the general election in November of members, elected at each general election for a even-numbered years, the majority and minority two-year term. A representative must be at least 24 members of each house caucus, separately nomi- years of age, a qualified voter of the state for two nate candidates for the offices to be elected by years and of the district he or she represents for one each body and organize their parties for the com- year. The House is presided over by the speaker, ing session. Nominees of the majority party are chosen by the members, and in the absence of the elected. Each party names its floor leader, assistant speaker by the speaker pro tem. floor leader, caucus chair and secretary. Reapportionment of both houses of the Mis- Both houses of the General Assembly con- souri General Assembly following each decenni- vene at noon on the opening day of the session. al U.S. census is provided for by the Missouri The Senate is called to order by the lieutenant Constitution. governor. Temporary officers are named and the Senators and Representatives receive a salary roll of new and incumbent senators is read. of $31,351 per year, a weekly allowance for Newly elected senators are then sworn in, usual- miles traveled going to and returning from their ly by a judge of the Supreme Court. The presi- place of meeting and expenses for each day the dent pro tem and other permanent officers are General Assembly is in session. 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 on order by the secretary of state, and the oath is the first Wednesday after the first Monday of Jan- administered to all members. After the swear- uary. Adjournment is midnight on May 30, with ing-in ceremony, a roll call is taken and a tem- no consideration of bills after 6 p.m. on the first porary speaker is named. He or she presides for Friday after the second Monday in May. If the the nomination and election of permanent offi- governor returns a bill with his objections on or cers. Temporary rules, usually the rules in force after the fifth day before the last day upon which for the preceding session, are adopted. a session of the General Assembly may consider After each house notifies the other that it is bills, the General Assembly is automatically duly organized, a House Resolution is adopted reconvened on the first Wednesday following the inviting the Senate to a joint meeting to receive second Monday in September for a period not to the governor’s message. Under the Constitution, LEGISLATIVE BRANCH — MISSOURI GENERAL ASSEMBLY 129 the governor, at the beginning of each session, a number and read for the first time by its title. It delivers a message concerning state government then goes on the calendar for second reading and with any recommendations he or she wishes to assignment to committee by the speaker of the make for the enactment of legislation. This mes- House or the president pro tem of the Senate. sage is commonly referred to as the State of the A public hearing before the committee to State Address. which a bill is assigned is the next step in the leg- Each house determines its own rules, and islative process. Except in the case of unusually procedures and rules may not be dispensed with controversial, complex or lengthy bills, the bill is except by unanimous consent or concurrence by presented by its sponsor, and both proponents and a constitutional majority. Both the Senate and opponents are heard in a single hearing. When House are required to keep a daily journal of hearings are concluded, the committee meets to their proceedings. At the end of the session, the vote and makes its recommendations. The com- journals are bound by the House and Senate. mittee may (1) report the bill with the recommen- The secretary of state’s office maintains micro- dation that it “do pass;” (2) recom mend passage form copies of the journals. with committee amendments, which are attached to the bill; (3) return the bill without recommenda- Term Limits 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 not pass;” or (6) make no report at all. the House and Senate to eight years in each. Total legislative service was limited to sixteen Perfection of a Bill years. In November of 2002 voters approved an If a bill is reported favorably out of commit- additional amendment to allow members elect- tee or a substitute is recommended, it is placed ed through a special election, after the effective on the “perfection calendar.” When its term date, to serve the partial term and two full terms comes up for consideration, it is debated on the for the Senate and four full terms for the House, floor of the originating house. If a substitute is through a general election. recommended by the committee or if committee amendments are attached to the bill, they are How Bills Become Laws first presented, debated and voted upon. Further amendments can then be proposed by other General Provisions members with their changes designated as Bills may originate in either house and are des- House or Senate amendments to differentiate ignated as Senate Bills or House Bills, depending from the committee amendments. A Senate sub- on the house in which they originate. No bill stitute bill can also be offered at this time. When (except general appropriations bills) may contain all amendments and substitutes have been con- more than one subject, which is to be expressed sidered, a motion is made to declare the bill per- clearly in its title. No bill can be amended in its fected. Perfection is voted on by a voice vote or, passage through either house so as to change its on the request of five members, by roll call. If a original purpose. No bill can be introduced in majority of members vote to perfect, the bill is either house after the 60th legislative day of a ses- reprinted in its original or amended form. sion unless consented to by a majority of the elect- ed members of each house. No appropriation bill Final Passage of a Bill shall be taken up for consideration after 6 p.m. on After perfection and reprinting, the bill goes the first Friday following the first Monday in May on the calendar for third reading and final pas- of each year. sage. When the bill is reached in the order of business, any member may speak for or against Introduction of a Bill its passage but no further amendments of a sub- Missouri law provides for preintroduction of stantive nature can be offered.

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