Massachusetts 2023-2024 Regular Session

Massachusetts Senate Bill S17 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	SENATE . . . . . . . . . . . . . . . . No. 17
2	2	Senate, February 2, 2023– Text of the proposed Senate Rules recommended by the temporary
3	3	committee on Rules to be adopted as the permanent rules of the Senate for 2023-2024.
4	4	The Commonwealth of Massachusetts
5	5	_______________
6	6	In the One Hundred and Ninety-Third General Court
7	7	(2023-2024)
8	8	_______________
9	9	RULES OF THE SENATE
10	10	THE PRESIDENT.
11	11	1. The President shall take the chair at the hour to which the Senate stands adjourned, shall call
12	12	the members to order, and, on the appearance of a quorum, shall proceed to business. [1831; 1888.]
13	13	1A. Every formal session of the Senate shall open with a recitation of the “Pledge of Allegiance
14	14	to the Flag”. At the discretion of the President, in order to mark an occasion of particular
15	15	significance, a Senate session or component thereof may include a moment of silence, prayer or
16	16	other expression of personal belief. [1989; 2015.]
17	17	2. The President shall preserve order and decorum, may speak to points of order in preference to
18	18	other members, and shall decide all questions of order subject to an appeal to the Senate. The
19	19	President shall rise to put a question, or to address the Senate, but may read sitting. [1817; between
20	20	1821 and 1826; 1831; 1888.]
21	21	3. The President may vote on all questions. [1826.]
22	22	4. The President may appoint a member to perform the duties of the chair for a period not
23	23	exceeding 3 days at any one time. [1831; 1862; 1865; 1888; 1971.]
24	24	4A. The Senate President shall be elected by roll call vote on the Senate floor. This rule shall not
25	25	be suspended except by a vote of four-fifths of the members present and voting thereon. Rule 63
26	26	shall not apply to this case and no other rule shall supersede the requirement of four-fifths vote to
27	27	suspend this rule. [1993; 2002, 2019.]
28	28	4B. The Senate President, Majority Leader and the Minority Leader shall, upon declaration of
29	29	candidacy for any other state or federal elective office, relinquish said position. [2003; 2015.]
30	30	5. In case of a vacancy in the office of President, or in case the President, or the member
31	31	appointed by the President to perform the duties of the chair, is absent at the hour to which the
32	32	Senate stands adjourned, the longest continuously serving, and in the event that two or more
33	33	members equally qualify as longest continuously serving, then the eldest among those members shall call the Senate to order, and shall preside until a President, or Acting President, is elected
34	34	by ballot or by roll call vote as the Senate shall by majority vote determine, and such election
35	35	shall be the first business in order. [1831; 1885; 1888; 1971; 1985; 2003; 2013; 2017.]
36	36	5A. In case of extreme emergency, the President of the Senate may for a period not exceeding 2
37	37	days, in conformity with Article 6, Section II, Chapter 1 of the Constitution, cause a session of
38	38	the Senate to be cancelled. Each member of the Senate insofar as is practicable shall be notified
39	39	of such action. The President may also declare a session informal in nature, with prior notice
40	40	given. Notice of such action shall be printed in the Journal of the Senate by the Clerk of the
41	41	Senate and the printing of a calendar shall be suspended with reference to an informal session
42	42	under this rule. Matters considered in an informal session shall have either received a public
43	43	hearing or other disposition by a committee of relevant subject matter jurisdiction.
44	44	In the case of an informal session, only reports of committees and matters not giving rise to
45	45	formal motion or debate shall be considered. No motion or order of business shall lose its
46	46	precedence but shall be carried over until the next formal session. [1971; 1973.]
47	47	5B. [Omitted in 2011.]
48	48	5C. Upon a vacancy in the Senate, with the exception of any vacancy that occurs after April 1 in
49	49	an even-numbered year, a date for a special election shall be scheduled by the President of the
50	50	Senate within 20 days after the vacancy occurs and the proposed date of the special election shall
51	51	then be put before the members of the Senate for a vote. [2011, 2019.]
52	52	CLERK.
53	53	6. The Clerk shall keep a journal of the proceedings of the Senate, and shall cause the same to be
54	54	presented daily. The Clerk shall, in the journal, make note of all questions of order, and enter at
55	55	length the decisions thereon. The Clerk shall insert in an appendix to the journal the rules of the
56	56	Senate and the joint rules of the two branches. The clerk shall post online special reports of state
57	57	officials, departments, commissions, boards, and other reports as required by law, as received by
58	58	the Senate Clerk, unless otherwise ordered by the Senate Committee on Rules. [1882; 1888; 2015,
59	59	2021.]
60	60	6A. During sessions, except full formal sessions, each Senator shall have the opportunity to read
61	61	into the journal, or cause to be printed in the journal, a ceremonial speech not to exceed 650
62	62	words; provided, however, that an electronic copy of the remarks is supplied to the Clerk.
63	63	Each Senator may offer memorial adjournments at any session upon approval by the Senate
64	64	President. If the memorial adjournment is to be read by the Senator offering such memorial
65	65	adjournment during session, an electronic copy shall be provided to the Clerk prior to the said
66	66	session. If the Senator offering such memorial adjournment does not plan on reading said
67	67	adjournment during session, the Senator shall provide a shortened version, which shall be read
68	68	by the presiding officer, along with the full-length version of the adjournment, which shall be
69	69	printed in the journal.
70	70	7. The Clerk, with the approval and direction of the President and the Committee on Rules, shall
71	71	prepare and cause to be presented each day a calendar of matters in order for consideration. The calendar for a session shall be available to the members and the public at least 2 calendar days
72	72	prior to the start of that session, except when formal sessions are held on consecutive days. The
73	73	calendar for any formal session on a day following a formal session shall be available to the
74	74	members and to the public as soon as practicable and, in any event, no later than 2 hours prior to
75	75	the start of that session. The agenda for sessions shall be available to the members and the public
76	76	at least 1 calendar day prior to the start of that session, except when sessions are held on
77	77	consecutive days. The presentation of a calendar may only be suspended by a 2/3 vote of all
78	78	members present and voting as determined by a call of the yeas and nays. The calendar shall
79	79	consist of at least 4 separate sections. One section shall contain those matters for third reading
80	80	and engrossment. No matters shall be considered for third reading that do not appear on this
81	81	section of the calendar without unanimous consent. One section shall contain those matters held
82	82	by the Senate committee on Bills in the Third Reading. One section shall contain those matters
83	83	appearing on the Senate Calendar for the first time. No matters shall be considered for second
84	84	reading that do not appear on this section of the calendar without unanimous consent. One
85	85	section shall contain those matters which shall be on the Senate Calendar for the first time at the
86	86	following formal session. No matters shall be considered for a second reading at a formal session
87	87	that were not on the Calendar for the previous formal session. It shall be mandatory, however,
88	88	that a bill or resolve ordered to third reading on one calendar day shall appear on the calendar at
89	89	the following formal session. The Clerk, with the approval and direction of the President and the
90	90	Committee on Rules, may prepare the calendar, with such memoranda as the Clerk may deem
91	91	necessary, in a form designed to provide complete information and to properly facilitate the
92	92	business of the Senate. When the presentation of the calendar required under this rule is
93	93	suspended under Rule 5A, a session shall be considered informal and no matter shall be
94	94	considered if a member at said session objects to its consideration. After the conclusion of
95	95	formal business as described in Joint Rule 12A, a member may object to a particular matter,
96	96	provided they have placed their request in writing to the Senate Clerk prior to the start of the
97	97	session.
98	98	Upon conclusion of all formal business pursuant to Joint Rule 12A, the Clerk shall not be
99	99	required to print of a calendar pursuant to this rule. [1882; 1888; 1945; 1971; 1974; 1985; 1991; 1993; 2015;
100	100	2017.]
101	101	7A. To better facilitate the business of the Senate, whenever possible, and notwithstanding any
102	102	rules to the contrary, during consideration of the new matters on the calendar each day, the chair
103	103	shall first declare a recess so that members may examine the items. The chair shall then ask for
104	104	passes on the second reading matters. Second reading matters with amendments pending will
105	105	automatically be considered separately. The chair shall direct the Clerk to dispense with the
106	106	reading of each title, but the journal for that day shall show that the bills have been read a second
107	107	time. The question shall then come on ordering those second reading matters which have not
108	108	been passed for debate to a third reading. Matters passed for debate shall be considered on the
109	109	second call.
110	110	The same procedure shall be followed with relation to adverse reports appearing in groups on the
111	111	calendar. Adverse reports passed for debate shall be considered on the second call. The question
112	112	shall be put by the chair on the acceptance of all remaining adverse reports not passed for debate.
113	113	[1975.]
114	114	7B. The Clerk of the Senate shall be the official parliamentarian of the Senate. [1973.] 8. [Omitted in 1969.]
115	115	8A. The Clerk shall make available on the official website of the General Court the results of all
116	116	roll call votes not later than 48 hours after such vote is taken, not including quorum calls, in a
117	117	manner easily identifiable, searchable, and conspicuously located. The Clerk shall include the
118	118	title and number of the matter subject to debate, the number of the roll call and the title of the
119	119	matter voted upon. The Clerk shall as soon as practicable make available links to the roll calls,
120	120	which include the text of the amendment or matter voted on. [2007; 2011; 2013; 2015; 2017, 2021.]
121	121	9. When a bill or resolve coming from the other branch does not appear in the form in which it
122	122	was passed in that branch, the Clerk shall indicate the amendments on the Orders of the Day.
123	123	[1882.]
124	124	COUNSEL TO THE SENATE.
125	125	9A. The Counsel to the Senate and members of the staff of said Counsel shall not engage in the
126	126	private practice of law during ordinary business hours or while the Senate is in session. The
127	127	Counsel to the Senate and the staff of said Counsel shall be available at all times for consultation
128	128	with the President and members of the Senate in relation to matters pending before the
129	129	Senate and must at all times act in accordance with the conflict of interest law and the Rules of
130	130	Professional Conduct for Lawyers. The Senate Counsel and members of the Counsel’s legal staff
131	131	shall not simultaneously serve as staff in any Senator’s office. [1976; 2015.]
132	132	MEMBERS OF THE SENATE.
133	133	10. No member, officer, or employee shall use or attempt to use improper means to influence an
134	134	agency, board, authority, commission of the Commonwealth, any political subdivision of the
135	135	Commonwealth, or any other entity. No member, officer, or employee of the Senate shall receive
136	136	compensation or permit compensation to accrue to the member, officer or employee’s beneficial
137	137	interest by virtue of influence improperly exerted from the member, officer or employee’s
138	138	position in the Senate. Every reasonable effort shall be made to avoid situations where it might
139	139	appear that the member, officer or employee is making such use of the member, officer or
140	140	employee’s official position. Members, officers, and employees should avoid accepting or
141	141	retaining an economic interest or opportunity which represents a threat to their independence of
142	142	judgment.
143	143	No member, officer, or employee shall use confidential information gained in the course of or by
144	144	reason of the member, officer or employee’s official position or activities to further the member,
145	145	officer or employee’s financial interest or those of any other person. [1977; 2015.]
146	146	10A. No member, officer, or employee shall employ anyone from state funds who does not
147	147	perform tasks which contribute to the work of the Senate and which are commensurate with the
148	148	compensation received; and no officer or full time employee of the Senate shall engage in any
149	149	outside business activity during regular business hours, whether the Senate is in session or not.
150	150	No member of the Senate shall act on a matter before a committee or vote on any question in
151	151	which the member’s private right is immediately concerned, distinct from the public interest. All employees of the Senate are assumed to be full time unless their personnel record indicates
152	152	otherwise. [1977.]
153	153	10B. Interns and temporary employees of the Senate, who are students at an accredited
154	154	educational institution and who are employed by the Senate for not more than 6 months, may
155	155	receive compensation from an educational institution or other non-profit organization under
156	156	section 501(c)(3) of the Internal Revenue Code, according to that organization’s regular program
157	157	of providing such compensation for temporary governmental or public service employment. A
158	158	temporary employee’s Senate supervisor shall establish the employee’s total compensation, shall
159	159	verify that the sum of the employee’s state compensation, if any, and any outside compensation
160	160	that the employee is to receive under this rule would not exceed this total compensation, and
161	161	shall file the written terms of the employee’s compensation with the Senate Office of Human
162	162	Resources.
163	163	Each intern or temporary employee shall complete and have on file a form documenting the
164	164	internship or temporary employment, in a format approved by the Senate Committee on Rules, to
165	165	be signed by the intern’s or temporary employee’s Senate supervisor. [2003; 2013, 2019.]
166	166	10C. There shall be within the Senate Office of Human Resources an Officer of Diversity and
167	167	Inclusion who shall promote policies to direct and guide offices to recruit, hire, train, develop,
168	168	advance, promote and retain a diverse workforce, consistent with Senate Rules, regulation and
169	169	law. The Senate Office of Human Resources shall provide or otherwise make available implicit
170	170	bias training to all members, officers and staff and such training shall be mandatory. [2019, 2021.]
171	171	11. Unless a member of the Senate doubts the presence of a quorum, the Senate shall not be
172	172	affected by the absence of a Senator. [1817; 2015; 2021.]
173	173	11A. Each member of the Senate shall be assigned an office in the State House. Each member
174	174	shall employ and dismiss personal and committee staff pursuant to the procedures outlined in the
175	175	Senate Handbook. [1983; 1985; 1993; 2003; 2015; 2021.]
176	176	11B. No member of the Senate shall hold, for more than 8 consecutive years, the office of
177	177	President of the Senate. [1993; 2001.]
178	178	11C. The Committee on Rules shall ensure that each member of the Senate is able to receive
179	179	Internet electronic mail from members of the public. [2001; 2003; 2015.]
180	180	11D. The Committee on Ethics shall sponsor ethics training for members and staff within 90
181	181	days of the opening of the biennial session. Ethics training shall be mandatory for all members
182	182	and staff. [2009; 2015.]
183	183	11E. Members of the Senate may be compensated for service in no more than 2 positions,
184	184	whether as a member of leadership or as a chair, vice-chair or ranking member of a committee.
185	185	[2017, 2019.]
186	186	11F. No member, officer, or staff shall violate the Senate’s anti-harassment policy. Members,
187	187	officers, and staff shall receive anti-harassment and bystander intervention training within 90
188	188	days of the opening of the biennial session. All members, officers, and staff beginning
189	189	employment after the anti-harassment and bystander intervention training held within 90 days of
190	190	the opening of the biennial session shall complete anti-harassment and bystander intervention
191	191	training at the next available training opportunity. Anti-harassment and bystander intervention training shall be mandatory for all members, officers, and staff and all members, officers, and
192	192	staff shall confirm completion of the training. This rule shall not be suspended. [2019, 2021.]
193	193	11G. The Senate shall not include or permit a nondisclosure, non-disparagement or other similar
194	194	clause in an agreement or contract between the Senate and a member, officer or employee. The
195	195	Senate shall not seek to enforce a nondisclosure, non-disparagement or other similar clause in an
196	196	existing agreement or contract between the Senate and a member, officer or employee. This rule
197	197	shall not be suspended. [2019.]
198	198	COMMITTEES.
199	199	12. The following standing committees shall be appointed by the President, to wit:
200	200	A Committee on the Census;
201	201	To consist of 7 members, 1 of whom shall be appointed by the Minority Leader.
202	202	A Committee on Bills in the Third Reading;
203	203	To consist of 5 members, 1 of whom shall be appointed by the Minority Leader.
204	204	A Committee on Post Audit and Oversight;
205	205	To consist of 8 members, 2 of whom shall be appointed by the Minority Leader.
206	206	A Committee on Ethics;
207	207	To consist of 7 members, including 2 members appointed by the Minority Leader.
208	208	A Committee on Rules;
209	209	To consist of 7 members, including 2 members appointed by the Minority Leader.
210	210	A Committee on Global Warming and Climate Change;
211	211	To consist of 6 members, 1 of whom shall be appointed by the Minority Leader.
212	212	A Committee on Steering and Policy;
213	213	To consist of 5 members, 1 of whom shall be appointed by the Minority Leader.
214	214	A Committee on Ways and Means;
215	215	To consist of 18 members, including 3 members appointed by the Minority Leader.
216	216	A Committee on Intergovernmental Affairs;
217	217	To consist of 6 members, including 1 member appointed by the Minority Leader.
218	218	A Committee on Juvenile and Emerging Adult Justice;
219	219	To consist of 7 members, including 1 member to appointed by the Minority Leader.
220	220	A Committee on Personnel and Administration;
221	221	To consist of 7 members, including 2 members appointed by the Minority Leader.
222	222	Committee hearings and executive sessions shall not be scheduled in conflict with formal
223	223	sessions of the Senate unless the chair submits to the Clerk a written explanation for scheduling
224	224	the hearing or session in conflict with the formal session and said written explanation shall be
225	225	published in the senate journal. Committees shall notify the clerk of the time, place and agenda
226	226	of a public hearing or executive session not less than 5 days prior to the time of such meeting and
227	227	the clerk shall inform all senate members electronically and publish such information on the
228	228	official website of the General Court whenever practicable. If public testimony is being solicited
229	229	by the committee, agendas shall include an electronic mail address and a physical mail address
230	230	for the submission of testimony and shall inform the public that testimony received may be made
231	231	publicly available. The 5-day notice requirement shall be suspended only in an emergency and only after reasonable efforts have been made to contact all committee members and upon a
232	232	recorded vote of not less than a majority of the members. Any such public testimony received by
233	233	the committee that is readily capable of being reproduced shall be made available to the public
234	234	upon request; provided, however, that the committee may redact such public testimony that
235	235	includes sensitive personal information or information that may jeopardize the health, wellness
236	236	or safety of an individual. If expert testimony is being solicited by the committee, the committee
237	237	shall make reasonable efforts to promote the diversity of expert witness panels. Committees
238	238	shall provide to members of the committee either the text or comprehensive summaries of the
239	239	bills or other forms of legislative matters prior to the beginning of an executive session or poll.
240	240	All recorded votes of each member and by the committees shall be posted on the website of the
241	241	General Court as soon as practicable but no later than 48 hours of the vote being taken; provided
242	242	in the two weeks prior to the third Wednesday in November which shall be considered the
243	243	conclusion of all formal business of the first annual session of the General Court or the two
244	244	weeks prior to the last day of July of the second annual session committees shall post all
245	245	recorded votes as soon as practicable.
246	246	Hearings shall, to the extent feasible, be made available on a platform that permits remote public
247	247	participation from outside the hearing room through audio or video technology; provided,
248	248	however, that, the chair may waive this requirement for technological, operational or logistical
249	249	reasons. Members of the committee may participate remotely and shall have the same privileges,
250	250	rights and responsibilities as if the member were physically present at the hearing location, and
251	251	other members may offer remote testimony before committees of which they are not a member.
252	252	Chairs shall schedule hearings that offer remote participation through Legislative Information
253	253	Services and the Sergeant-at-Arms. The agenda for such a hearing shall specify how members of
254	254	the public may access, monitor and participate in the remote aspect of the meeting. Nothing
255	255	contained herein shall limit the committee’s ability to meet in executive session, prevent
256	256	disruption or maintain decorum during the hearing. Committees may adopt rules to govern the
257	257	orderly and efficient operation of such hearings.
258	258	Committees may at a hearing receive testimony from public officials out of the regular order of
259	259	participation; provided, however, that if a committee follows such a practice public officials of
260	260	Indigenous communities shall be treated accordingly. [1831; 1836; 1840; 1844; 1847; 1863; 1864; 1870; 1876;
261	261	1882; 1885; 1886; 1888; 1891; 1896; 1897; 1920; 1937; 1939; 1941; 1945; 1946; 1957; 1960; 1963; 1965; 1969; 1971; 1972;
262	262	1982; 1989; 1991; 1993; 1995, 1997; 2003, 2005; 2007; 2009; 2011; 2015; 2017, 2019; 2021.]
263	263	12A. All violations of Rules and all questions of conduct of members, officers and employees of
264	264	the Senate shall be referred by order of the Senate to the committee on Ethics. Any finding or
265	265	decision by a court of law or administrative agency, including the Massachusetts Commission
266	266	Against Discrimination, which indicates sufficient facts to believe that the member, officer, or
267	267	employee engaged in behavior which would constitute a violation of a Rule or other misconduct,
268	268	including, but not limited to, a violation of the Senate’s anti-harassment policy, the prohibition of
269	269	retaliation against an individual who has complained about discriminatory harassment or
270	270	retaliation against an individual for cooperating with an investigation of a discriminatory
271	271	harassment complaint shall be referred to the Ethics Committee. However, no such finding or
272	272	decision is required before referral to the Ethics Committee. Such orders shall be as specific as
273	273	circumstances allow. The committee shall also be empowered to receive sworn written complaints or evidence regarding violations of Rules 10 and 10A. Until a hearing, if any, is held,
274	274	the contents of such complaints or evidence shall be considered confidential information, unless
275	275	the contents are already a matter of public record. If no hearing is held, such contents may be
276	276	made public by the committee in a final report. Breach of confidentiality may itself be grounds
277	277	for disciplinary action.
278	278	Upon receipt of an order, a sworn written complaint filed under penalties of perjury, or upon
279	279	receipt of evidence, the committee may investigate and take written or oral testimony on any
280	280	matters specified in the order or covered by Rules 10 and 10A. A majority of committee
281	281	members shall be present to receive sworn testimony Upon majority vote of the full Senate, the
282	282	committee may require by summons the attendance and testimony of witnesses and the
283	283	production of books and papers and such other records as said committee may deem relevant. All
284	284	testimony before the committee shall be recorded or transcribed and such recordings and
285	285	transcriptions must be made available to all members of the committee.
286	286	Said committee shall consider and may report to the Senate any recommendations regarding any
287	287	infringement of the rules and all questions of conduct of members, officers and employees
288	288	referred to it. If after investigation a majority of the committee determines that there has been a
289	289	violation of the rules, or other misconduct, which shall include, but not be limited to, a violation
290	290	of the Senate’s anti-harassment policy including the prohibition of retaliation against an
291	291	individual who has complained about discriminatory harassment or retaliation against an
292	292	individual for cooperating with an investigation of a discriminatory harassment complaint, the
293	293	committee shall file a report with the Clerk of the Senate, including a recommendation for
294	294	disciplinary action, including but not limited to: in the case of a member, reprimand, censure,
295	295	temporary or permanent removal from the position of committee chair or other position of
296	296	authority, suspension with or without pay, or expulsion; in the case of an officer or employee,
297	297	reprimand, suspension or removal. Said report shall not prevent the Senate from taking any other
298	298	action as it shall deem advisable and appropriate.
299	299	Nothing in this rule shall be construed to require the disclosure of any allegation that the
300	300	committee deems frivolous or without merit, if such determination is made by a majority of
301	301	members on the committee.
302	302	If the committee receives a sworn written complaint, evidence, order of the Senate, or request for
303	303	an opinion involving a member of the committee, such member shall not participate in the
304	304	committee's deliberations on that matter.
305	305	The committee may, upon written request from a member, officer, or employee of the Senate,
306	306	issue written advisory opinions on matters concerning Rules 10 and 10A. Such advisory opinions
307	307	may be published, provided that the name of the person requesting the opinion, and any other
308	308	identifying information shall not be included in the publication. The Senate may not penalize a
309	309	member, officer or employee of the Senate for conduct satisfying the guidelines of an advisory
310	310	opinion based on factually indistinguishable conduct.
311	311	A majority of members shall sign all recommendations, advisory opinions, and reports of the
312	312	committee. All voting members must certify that they have heard or read all relevant testimony
313	313	prior to voting. The committee shall on or before December 31 of the second year of the biennial session, file a
314	314	report with the Clerk summarizing its activities for the session. In addition, the committee may at
315	315	any time recommend changes in the rules of conduct for the Senate or legislation relating to the
316	316	conduct of the Senate, and a majority vote of the Senate shall be required to approve any such
317	317	recommended changes. [1977; 1978; 1983; 1991; 2003; 2015; 2017, 2019.]
318	318	12B. The committee on Steering and Policy shall meet from time to time at the call of the chair
319	319	for the purpose of assisting the President and the Senate in identifying the major matters which
320	320	require consideration by the General Court during the pending session and to advise the
321	321	President and the Senate on the relative priority of such matters, the relative urgency for
322	322	consideration by the General Court of such matters, and alternative methods of responding to
323	323	such matters by the General Court, and to assist on scheduling legislative matters for their even
324	324	distribution throughout the legislative year. [2009.]
325	325	12B ½ . The Committee on Rules may initiate legislation consistent with Senate Rule 19, but no
326	326	bill shall be initiated over the objection of the Senate Chair of the appropriate committee. The
327	327	Committee shall report on what date prior to adjournment of the last formal session the matter
328	328	shall be considered by the Senate. In the case of bills removed from study and referred to the
329	329	Committee on Rules, the bills may be subject to amendments by the committee as well as reports
330	330	by the committee that the bills ought to pass or ought not to pass. This rule shall apply only to
331	331	bills that have no state fiscal impact. [1983; 1985; 1986; 1991; 1993; 1999; 2003; 2005; 2015.]
332	332	12C. [Omitted in 1995.]
333	333	12D. The President of the Senate, in consultation with the Majority leader or the Minority leader,
334	334	as appropriate, shall review applications for each member's staff and operating requirements and
335	335	allocate office space. [1993; 2003.]
336	336	13. (a) Unless the Senate shall otherwise specially order, the President shall nominate a candidate
337	337	for chair of each standing committee, joint standing committee or special committee and the
338	338	vice-chair and the assistant vice-chair of the Senate Committee on Ways and Means. The
339	339	President may also nominate the majority floor leader, assistant majority floor leaders, majority
340	340	whip, the assistant majority whip and a President pro tempore . The President pro tempore shall
341	341	assist the President in the coordination of policy development and the ceremonial functions of
342	342	the Senate and shall perform such duties as assigned by the President. The minority party floor
343	343	leader may nominate to minority party floor leadership positions. Such nominations shall require
344	344	ratification by a majority vote by the respective party caucus. The vote shall be by voice vote,
345	345	roll call or secret ballot, as the majority vote of the caucus shall determine. In the event a
346	346	nomination is rejected by such caucus another nomination may be made by the person designated
347	347	in this rule to make the initial nomination which shall be subject to ratification in the same
348	348	manner. In the case of the election by the Senate of a committee by ballot, the member having
349	349	the highest number of votes shall act as chair. The second named member shall be vice-chair.
350	350	(b) Except as provided above or unless the Senate shall otherwise specially order, committees
351	351	shall be appointed by the President, with exception of the chair whose nomination and
352	352	ratification shall be governed by paragraph (a). The President shall in making such appointments
353	353	give consideration to representation of both the majority and minority parties relative to their
354	354	respective representation in the Senate and in any event shall reserve at least 3 positions on the
355	355	Senate Committee on Ways and Means and at least 1 position upon each standing or special committee for a Senate member of the minority party and appointments to such positions shall be
356	356	made by the Senate minority party leader. For the purposes of this rule and rule 56, the term
357	357	“minority party” shall mean the political party of those members of the Senate who, in the
358	358	aggregate, constitute the second largest group of members of the Senate affiliated with a political
359	359	party.
360	360	(c) A vacancy in any position which is regulated by this rule shall be filled in the same manner as
361	361	provided in this rule for the original appointment. Any person in a position which is regulated by
362	362	this rule shall be subject to removal only by a majority vote of the respective party caucus by
363	363	voice vote, roll call or secret ballot as the majority vote of the caucus shall determine. [1817;
364	364	between 1821 and 1826; 1831; 1888; 1973; 1983; 1985; 1991; 2003; 2015, 2019.]
365	365	13A. All motions or orders authorizing committees of the Senate to travel or to employ
366	366	stenographers, all propositions involving special investigations by committees of the Senate and
367	367	all motions or orders providing that information be transmitted to the Senate shall be referred
368	368	without debate to the Committee on Rules, who shall report thereon, recommending what action
369	369	should be taken. All other motions that create main questions, except those that relate to
370	370	privilege, to procedure and kindred matters, or to the subjects referred to in Joint Rules 29 and
371	371	30, shall also be referred without debate to the Committee on Rules and be treated in like
372	372	manner.
373	373	The Committee on Rules may originate and report special orders for the scheduling and
374	374	consideration of matters on the floor of the Senate. When reported such orders may be amended
375	375	by a two-thirds vote of the members present and voting, and shall be subject to approval by a
376	376	majority of the members of the Senate present and voting. Debate on the question on adoption of
377	377	such orders shall be limited to 30 minutes. Such orders shall not be subject to reconsideration.
378	378	[1904; 1913; 1921; 1953; 2003; 2015.]
379	379	13B. The President of the Senate may call a caucus at any time at which either the President or a
380	380	designated member of the majority leadership shall preside unless otherwise voted by a majority
381	381	of the caucus. The President shall honor the request of the Minority Leader at any time while the
382	382	Senate is in session, to call a minority caucus at which the Minority Leader shall preside or a
383	383	designated member of the minority leadership, unless otherwise voted by a majority of the
384	384	caucus.
385	385	A caucus shall also be called if 25 per cent or more of a party's membership requests the calling
386	386	of a caucus. Such request shall be made to the Senate President or Minority Leader. In the
387	387	instance of such a caucus being called, said caucus may consider any subject matter, including
388	388	but not limited to resolutions, motions or other means of ascertaining the sense of party members
389	389	on any subject. When the Senate recesses to allow a caucus, the Senate President or presiding
390	390	officer shall inform the members from the rostrum of a time certain for reconvention. [1985; 1993.]
391	391	13C. The Senate Committee on Rules shall provide for an annual fiscal year audit of all Senate
392	392	financial accounts to be conducted by a certified public accountant experienced in auditing
393	393	governmental entities. The clerk shall notify the members when the audit is available. A copy of
394	394	the audit shall be filed with the Senate Clerk and the State Auditor, copies shall be made
395	395	available upon request by any member of the Senate or the general public and posted on the
396	396	general court website. [1985; 2003; 2015; 2017; 2021.] 14. No committee shall be allowed to occupy the Senate Chamber without a vote of the Senate.
397	397	[1836; 1863; 1888.]
398	398	15. No legislation affecting the rights of individuals or the rights of a private or municipal
399	399	corporation, otherwise than as it affects generally the people of the whole Commonwealth or the
400	400	people of the city or town to which it specifically applies, shall be proposed or introduced except
401	401	by a petition, nor shall any bill or resolve embodying such legislation be reported by a
402	402	committee, except upon a petition duly referred, nor shall such a bill or resolve be reported by a
403	403	committee, whether on an original reference or on a recommittal with instructions to hear the
404	404	parties, until it is made to appear to the satisfaction of the committee that proper notice of the
405	405	proposed legislation has been given by public advertisement or otherwise to all parties interested,
406	406	without expense to the Commonwealth, or until evidence satisfactory to the committee is
407	407	produced that all parties interested have in writing waived notice. A committee reporting
408	408	adversely for want of proper notice or of a waiver thereof shall set forth this fact in its report, and
409	409	no bill or resolve shall be in order as a substitute for, or amendment of, such report. Objection to
410	410	the violation of this rule may be taken at any stage prior to that of third reading. [1870; 1871; 1885;
411	411	1890; 1921; 1939; 1945; 1971.]
412	412	16. When the object of an application, by petition can be secured under existing laws, or, without
413	413	detriment to the public interests, by a general law, the committee to whom the matter is referred
414	414	shall report, ought not to pass, or a general law, as the case may be. The committee may report a
415	415	special law on matters referred to it upon (1) a petition filed or approved by the voters of a city or
416	416	town, or the mayor and city council, or other legislative body, of a city, or the town meeting of a
417	417	town, with respect to a law relating to that city or town; (2) a recommendation by the Governor;
418	418	and (3) matters relating to erecting and constituting metropolitan or regional entities, embracing
419	419	any 2 or more cities and towns, or establishing with other than existing city or town boundaries,
420	420	for any general or special public purpose or purposes. [1882; 1885; 1888; 1891; 1893; 1967; 1971; 1973.]
421	421	16A. Reports of committees recommending that a matter be placed in a study shall be reported to
422	422	the Senate if the matter being reported into a study was originally filed in the Senate. Matters
423	423	which have been recommitted to a committee in session shall be reported to the branch
424	424	originating the recommitment. [2002.]
425	425	FORMS OF BILLS AND RESOLVES.
426	426	17. Bills, resolves, resolutions and orders shall be prepared under supervision of the Counsel to
427	427	the Senate. Bills, resolves, resolutions and orders founded upon petition shall be presented in an
428	428	electronic format as prescribed by the Clerk, who shall then prepare such electronically filed
429	429	documents for printing on official paper. Any petition which presents a bill, resolve, resolution
430	430	or order that was before the General Court in the legislative session preceding that for which it is
431	431	presented shall be designated as a “refiled petition” by the presenting member, together with
432	432	reference to the number assigned such matter in the preceding legislative session. No repealed
433	433	law and no law which has expired by limitation, and no part of any such law, shall be re-enacted
434	434	by reference merely. [1844; 1857; 1880; 1882; 1885; 1888; 1889; 1947; 1972; 1985, 2001, 2006; 2015.] INTRODUCTION OF BUSINESS.
435	435	18. Every petition (excepting as otherwise provided for in the Constitution, or laws of the
436	436	Commonwealth), shall be presented by a member, whose name shall be endorsed on the petition,
437	437	and a brief statement of the nature and object of the instrument; and the reading of this
438	438	instrument shall be dispensed with, unless specially ordered. [1831; 1888; 1972; 1973.]
439	439	18A. In the event that identical legislation is filed based upon petition, by members of the
440	440	Senate, the Clerk of the Senate may make every effort to consolidate the petitions.
441	441	The Clerk shall include the name of each petitioner; such names shall be placed on the
442	442	consolidated petition in the order in which the original petitions were filed with the Clerk. [1984.]
443	443	19. All motions contemplating legislation shall be founded upon petition, except as provided in
444	444	Joint Rule 3A and except that the committee on Ways and Means and the Committee on Rules
445	445	under Rule 12B may report a bill or other form of legislation that is not founded upon petition.
446	446	Committees to whom messages from the Governor, reports of state officers, boards,
447	447	commissions, and others authorized to report to the legislature shall be referred, may report by
448	448	bill or otherwise such legislation as may be germane to the subject-matter referred to them. [1858;
449	449	1888; 1891; 1893; 1973; 1999; 2003; 2005; 2015.]
450	450	20. All petitions for legislation accompanied by bills or resolves embodying the subject-matter
451	451	prayed for, which are intended for presentation or introduction to the Senate, reports of state
452	452	officials, departments, commissions and boards, and reports of special committees and
453	453	commissions shall be filed with the Clerk, who shall, unless they are subject to other rules or of
454	454	the rules of the 2 branches, refer them, with the approval and direction of the President, to the
455	455	appropriate committees, subject to such change of reference as the Senate may make.
456	456	Provided, that petitions and other papers so filed, or papers received from the House, which are
457	457	subject to Joint Rules 7A, 7B or 9, shall be referred by the Clerk to the Committee on Rules.
458	458	Petitions and other papers so filed which are subject to the second paragraph of Joint Rule 12
459	459	shall be referred by the Clerk to the Committees on Rules of the two branches, acting
460	460	concurrently. The reading of all such documents may be dispensed with, but they shall be
461	461	entered in the journal of the same or the next legislative day after such reference, except as
462	462	provided in Joint Rule 13.
463	463	All orders intended for adoption shall be deposited with the Clerk. If the orders relate to
464	464	questions of privilege or to procedure and kindred matters, they shall be laid before the Senate by
465	465	the President as soon as possible. If they relate to other subjects, except as provided in rule 13A
466	466	or in Joint Rules 29 and 30, they shall be inspected by the Committee on Rules and laid before
467	467	the Senate not later than the fourth legislative day succeeding the day of their deposit with the
468	468	committee.
469	469	All resolutions intended for adoption shall be filed with the Clerk. Resolutions, which are not
470	470	reported by committee or received from the House, shall be considered forthwith after having
471	471	been reported by the committee on Bills in the Third Reading, under Senate Rule 33.
472	472	Special reports of state officials, departments, commissions and boards, reports of special
473	473	committees and commissions, bills and resolves accompanying petitions and reports, and
474	474	resolutions, shall be printed on order of the President, and under the direction of the Clerk. They shall retain, during all subsequent stages, their original numbers and shall also bear such new
475	475	numbers as may be necessary.
476	476	Matters which have been placed on file may be taken from the files by the Clerk upon request of
477	477	any Senator or Senator-elect; and matters so taken from the files shall be referred or otherwise
478	478	disposed of as provided for above.
479	479	The Senate may at any time by order make any other disposition of petitions in the hands of the
480	480	Clerk. [1891; 1893; 1894; 1916; 1921; 1925; 1927; 1933; 1939; 1945; 1953; 1963; 1967; 1971; 1973; 1985; 1999; 2003; 2005;
481	481	2015.]
482	482	20A. The Clerk shall make available on the Internet the text of all bills introduced in the Senate
483	483	and all late file petitions accompanied by legislation. The bill text for any bill for which there
484	484	was a vote on the Senate floor must be made available to the public online within 24 hours of the
485	485	session in which that vote occurred, excepting bills passed in consecutive sessions. [2001; 2015.]
486	486	21. [Omitted in 1943.]
487	487	22. [Omitted in 1949.]
488	488	23. No bill or resolve shall be proposed or introduced unless received from the House of
489	489	Representatives, reported by a committee, or moved as an amendment to the report of a
490	490	committee. [1881; 1882; 1888.]
491	491	24. The consideration of any order proposed for adoption, or of any motion to suspend Senate
492	492	Rule 15, or Joint Rules 8, 9 or 12, shall be postponed without question to the day after that on
493	493	which the order is proposed or request made, if any member asks such postponement. The
494	494	consideration of any motion to lay a matter on the table or to take a matter from the table shall be
495	495	postponed without question to the day after that on which the motion is made (except during the
496	496	last 14 calendar days of formal business under Joint Rule 12A). [1885; 1891; 1971; 1973; 1983, 1997; 1999,
497	497	2021.]
498	498	25. [Omitted in 1929, the provisions thereof being covered by Joint Rule 9.]
499	499	COURSE OF PROCEEDINGS.
500	500	26. Bills and resolves from the House, after they are read a first time, shall be referred to a
501	501	committee of the Senate, unless they have been reported by a joint committee or substituted for
502	502	the report of a joint committee. Bills and resolves reported in the Senate, and bills and resolves
503	503	from the House reported by joint committees or substituted for the reports of joint committees
504	504	shall, after they have been read once, be referred to the Committee on Rules, except as otherwise
505	505	provided by Senate Rule 27. Any matter reported in the Senate or received from the House
506	506	concerning or restricted to a particular city or town which has received the approval of the voters
507	507	of the city or town or of the town meeting shall appear on the calendar for the next session for a
508	508	second reading notwithstanding any other provisions of this rule. Bills introduced by initiative
509	509	petition, when reported in the Senate or received from the House, shall be referred to the
510	510	Committee on Rules. Resolutions received from the House, or reported in the Senate, shall be
511	511	referred to the Committee on Rules. Bills and Resolves under Senate Rule 27, when reported, shall be referred to the Committee on Rules. All reports of the Committee on Rules shall be
512	512	placed in the Orders of the Day for the next session unless such matter is assigned for special
513	513	consideration by said committee as provided for under Senate Rule 12B. [1825; 1885; 1888; 1890; 1891;
514	514	1897; 1945; 1985; 1993; 1999; 2005; 2015.]
515	515	26A. [Omitted in 2005].
516	516	26B. [Omitted in 2005].
517	517	27. Bills and resolves involving public money, or a grant of public property, unless the subject-
518	518	matter has been acted upon by the joint Committee on Ways and Means, shall, after the first
519	519	reading, be referred in course to the Senate Committee on Ways and Means, whose duty it shall
520	520	be to report on their relation to the finances of the Commonwealth.
521	521	Orders reported in the Senate or received from the House involving the expenditure of public
522	522	money for special committees shall, before the question is taken on the adoption of the order, be
523	523	referred to the Senate Committee on Ways and Means, whose duty it shall be to report on the
524	524	order’s relation to the finances of the Commonwealth.
525	525	Every such bill involving a capital expenditure for new projects, or an appropriation for repairs,
526	526	or any legislation, the cost of which, in the opinion of the committee, exceeds $100,000, when
527	527	reported into the Senate by the Committee on Ways and Means, shall be accompanied by a fiscal
528	528	note indicating the amount of public money which will be required to be expended to carry out
529	529	the proposed legislation, together with an estimate of the cost of operation and maintenance for
530	530	the first year if a new project is involved.
531	531	When requested by any member, prior to the engrossment of any such bill involving a capital
532	532	expenditure for new projects, or an appropriation for repairs, or any legislation, the cost of
533	533	which, in the opinion of the committee, can be ascertained in a timely manner, and which
534	534	exceeds $100,000, the chair of the Committee on Ways and Means, or a member of said
535	535	committee, shall verbally disclose during session the amount of public money which will be
536	536	required to be expended to carry out the proposed legislation, together with an estimate of the
537	537	cost of operation and maintenance for the first year if a new project is involved.
538	538	The committee on Ways and Means shall provide a copy of its proposed text of any bills or
539	539	resolves involving public money, or a grant of public property, to a committee member, upon
540	540	request, before such bill or resolve is reported to the Senate for consideration. No amendment to
541	541	the proposed text shall be in order if the amendment proposes a revenue reduction or increase in
542	542	spending in excess of $50,000,000 unless offsetting revenue increases or spending reductions are
543	543	included in the amendment to ensure that the balance of spending and revenue in the bill is
544	544	maintained. [1871; 1882; 1887; 1888; 1889; 1896; 1921; 1941; 1946; 1947; 1953; 1963; 1967; 1968; 1971; 1995; 1999;
545	545	2015.]
546	546	27A. When the general appropriations bill is reported by the Senate Committee on Ways and
547	547	Means the following information shall be made available:- (a) a prior year’s appropriation, (b)
548	548	the recommendation, if any, of the Governor, (c) the amount approved by the House, and (d) the
549	549	amount recommended by the Senate Committee on Ways and Means. The committee shall
550	550	identify with its recommendations for the general appropriations bill all of the tax and non-tax
551	551	revenues on which its spending recommendations are premised. The committee shall present
552	552	these revenues by type and by the department or agency responsible for collecting them. The committee on Ways and Means shall provide the membership with a copy of its proposed
553	553	text of the general appropriations bill, and an executive summary which shall include a list of
554	554	outside sections, and a short summary of each outside section not later than the fifth business day
555	555	prior to full Senate consideration of such bill. When the Senate considers the general
556	556	appropriation bill, the bill shall appear in the Orders of the Day for its second-reading. All
557	557	amendments to the Ways and Means proposed text shall be second-reading amendments, but
558	558	further amendments in the third-degree to such amendments shall be in order. No amendment to
559	559	a general appropriation bill shall be in order which proposes a revenue reduction or increase in
560	560	spending in excess of $50,000,000 unless offsetting revenue increases or spending reductions are
561	561	included in the amendment to ensure that the balance of spending and revenue in the bill is
562	562	maintained. After the bill as amended is ordered to a third reading, it shall be read a third time
563	563	and the question shall then immediately be on passing it to be engrossed. No amendments shall
564	564	be in order at the third reading of the bill unless recommended by the committee on Bills in the
565	565	Third Reading. Each member shall file any proposed amendments, including those relating to
566	566	outside sections, electronically in a form determined by the Clerk, by the time established for
567	567	that purpose by order of the Senate provided, however, that a reasonable amount of time, and not
568	568	less than 48 hours, shall be provided to file amendments. Each amendment shall contain a
569	569	descriptive title. The Clerk shall make a list of amendments available to the membership at least
570	570	48 hours prior to consideration of such bill. Such list shall identify the member sponsoring the
571	571	amendment and include the descriptive title. The sponsoring member of an amendment,
572	572	including further amendments in the third-degree, shall make available at such member’s office a
573	573	copy and a detailed summary of the amendment. The Clerk shall make available on the Internet
574	574	the text of all amendments, including further amendments in the third-degree to such
575	575	amendments.
576	576	The committee on Ways and Means shall provide the membership with a copy of its proposed
577	577	text of any other appropriations bill, and an executive summary which shall include a list of
578	578	outside sections, and a short summary of each outside section not later than the fourth business
579	579	day prior to full Senate consideration of such bill. When the Senate considers such an
580	580	appropriation bill, the Ways and Means proposed text shall be adopted and the bill shall be
581	581	ordered to a third reading without other amendments. The bill shall be immediately read a third
582	582	time and then be open to other amendments; provided, however, that a reasonable amount of
583	583	time shall be provided to file amendments and the order is approved by a majority of the
584	584	members. Each member shall file any proposed amendments, including those relating to outside
585	585	sections, with the Clerk not later than 5:00 p.m. of the third business day before Senate
586	586	consideration of the bill. Each amendment shall contain a 1-sentence descriptive title. The Clerk
587	587	shall make a list of amendments available to the membership at least 24 hours prior to the
588	588	consideration of such bill. Such list shall identify the member sponsoring the amendment and
589	589	include the 1-sentence descriptive title. The sponsoring member shall make available at such
590	590	member’s office a copy and a detailed summary of the amendment.
591	591	The Chair of the Senate Committee on Ways and Means may file a technical or perfecting
592	592	amendment to a bill subject to Rule 27 or 27A. The text of any such amendment shall be
593	593	available publicly and members shall be given a reasonable amount of time for review prior to
594	594	taking action on such a technical or perfecting amendment. No further amendment to such a
595	595	technical or perfecting amendment shall be in order. A member may withdraw an amendment to an appropriation bill after filing it, or may replace a
596	596	seasonably filed amendment with a reasonably related redrafted amendment, which shall be
597	597	clearly designated as such.
598	598	Further amendments and redrafted amendments shall upon request be distributed by the member
599	599	offering the amendment to each member. Members shall be given a reasonable amount of time
600	600	for review prior to taking action on any further or redrafted amendments.
601	601	This rule shall not be rescinded, amended or suspended, unless four-fifths of the members
602	602	present consent thereto. [1974; 1993; 1997; 1999, 2001; 2013; 2015; 2017, 2019; 2021.]
603	603	27B. [Omitted in 1999.]
604	604	27C. With the exception of appropriation bills and capital outlay bills, the Committee on Ways
605	605	and Means and the Committee on Rules may be discharged from the further consideration of
606	606	matters referred to them under the following procedure. The consideration of a motion to
607	607	discharge such committees from further consideration of a certain matter shall be postponed
608	608	without question to the day after that on which the motion is made. Such motion shall require a
609	609	majority vote of the members present and voting for adoption, if made after the expiration of 45
610	610	calendar days after referral to said committees, but shall require a vote of two-thirds of the
611	611	members present and voting, if made prior to the expiration of said 45 calendar days after
612	612	referral to said committees. On the motion to discharge such committees, not more than 15
613	613	minutes shall be allowed for debate, and no member shall speak more than 3 minutes.
614	614	In addition to the above procedure, the Committee on Ways and Means shall be discharged from
615	615	further consideration of a certain matter upon the written petition of a majority of the members of
616	616	such committee presented to the chair after 45 calendar days following referral of the matter to
617	617	said committee. When directed to discharge a certain matter under this rule said committees shall
618	618	either report or be discharged of said matter within 5 legislative days of the vote or petition
619	619	calling for such discharge. A petition discharged under this rule shall be considered as favorably
620	620	reported and the matter accompanying said petition shall be designated as “discharged”, and
621	621	shall be placed in the Orders of the Day for the next day for a second reading or question on
622	622	adoption, as the case may be, unless subject to Senate Rule 27. [1983; 1985; 2003; 2015.]
623	623	27D. A Senate bill may be co-sponsored, electronically, at any time during the 2-year legislative
624	624	session until debate on the bill begins. [2015.]
625	625	28. No bill or resolve shall pass to be engrossed without 3 readings on 3 several days. [1817; 1836;
626	626	1841; 1859; 1878; 1881; 1882; 1885.]
627	627	29. Bills and resolves, in their several readings, and resolutions, shall be read by their titles,
628	628	unless objection is made. [1817; 1836; 1841; 1859; 1878; 1881; 1882; 1885; 1890.]
629	629	30. If a committee to whom a bill or resolve is referred reports that the same ought not to pass,
630	630	the question shall be “Shall this bill (or resolve) be rejected?” If the rejection is negatived, the
631	631	bill or resolve, if it has been read but once, shall go to its second reading without a question; and
632	632	if it has been read more than once it shall be placed in the Orders of the Day for the next day,
633	633	pending the question on ordering to a third reading, or engrossment, as the case may be. [1817;
634	634	1836; 1841; 1859; 1878; 1881; 1882; 1885; 1897; 1921; 1939; 1945; 1971.]
635	635	31. If an amendment is offered by any member at the second or third reading of a bill or resolve,
636	636	substantially changing the greater part of the bill or resolve, the question shall not be put forthwith on adopting the amendment to the bill or resolve if formally requested by 2 members,
637	637	but the bill or resolve shall be laid over and placed in the Orders of the Day for the next day after
638	638	that on which the amendment is offered, with the amendment pending. The proposed amendment
639	639	shall be printed in the calendar and in the journal. If an amendment is made at the second or third
640	640	reading of a bill or resolve substantially changing the greater part of the bill or resolve, the
641	641	question shall not be put forthwith on ordering the bill or resolve to a third reading or to be
642	642	engrossed, as the case may be, but the bill or resolve, as amended, shall be placed in the Orders
643	643	of the Day for the next day after that on which the amendment is made, and shall then be open to
644	644	further amendment before such question is put. In like manner, when an amendment is made in
645	645	any proposition of such a nature as to change its character, as from a bill to an order, or the like,
646	646	the proposition as amended shall be placed in the Orders of the Day for the next day after that on
647	647	which the amendment was made. [1882; 1888; 1971.]
648	648	31A. Upon recommendation of the Committee on Rules, the Senate may by order require that all
649	649	amendments to a designated bill be filed with the Clerk not later than 1 day before consideration
650	650	of the bill by the Senate. Such amendments shall be presented in the calendar and shall not be
651	651	subject to Rule 31. [1997; 2003; 2015.]
652	652	31B. A member may withdraw an amendment after filing it, or may replace a seasonably filed
653	653	amendment with a reasonably related redrafted amendment, which shall be clearly designated as
654	654	such. The text of a withdrawn amendment placed on the website of the General Court shall
655	655	continue to be available publicly notwithstanding the amendment having been withdrawn.
656	656	Further amendments and redrafted amendments shall, upon request, be distributed by the
657	657	member offering the amendment to each member. Members shall be given a reasonable amount
658	658	of time for review prior to taking action on further or redrafted amendments. [2019, 2021.]
659	659	32. Bills or resolves ordered to a third reading shall be placed in the Orders of the Day for the
660	660	next day for such reading. [1817; 1836; 1841; 1859; 1878; 1881; 1882; 1885.]
661	661	32A. (1) The Senate Committee on Bills in the Third Reading may be discharged from the
662	662	further consideration of matters referred to it pursuant to the following procedure:
663	663	(a) The consideration of a motion to discharge said committee from further consideration of a
664	664	certain matter shall be postponed without question to the day after that on which the motion is
665	665	made.
666	666	(b) The adoption of such motion shall require a simple majority vote of the members present and
667	667	voting.
668	668	(2) The Senate Committee on Rules may be discharged from the further consideration of matters
669	669	referred to it under Rule 26, pursuant to the following procedure:
670	670	(a) The consideration of a motion to discharge said committee from further consideration of a
671	671	certain matter shall be postponed without question to the day after that on which the motion is
672	672	made.
673	673	(b) Such motion shall require a majority vote of the members present and voting for adoption if
674	674	made after the expiration of 30 calendar days after referral to said committee, but shall require a
675	675	vote of two-thirds of the members present and voting if made prior to the expiration of said 30
676	676	calendar days after referral to said committee. (3) When either committee is directed to discharge a certain matter pursuant to this rule, such
677	677	committee shall either report or be discharged of said matter within 5 legislative days of the vote
678	678	calling for such discharge. A matter discharged under this rule shall be designated as
679	679	“discharged” and the matter shall be placed in the Orders of the Day for the next sitting. On the
680	680	motion to discharge such committee, not more than 15 minutes shall be allowed for debate and
681	681	no member shall speak more than 3 minutes. [1985; 1987; 1989; 1993; 1995; 2005; 2015.]
682	682	32B. [Omitted in 1995.]
683	683	33. Bills and resolves when ordered to a third reading, and bills and resolves amended
684	684	subsequently to their third reading unless the amendment was reported by the Committee on
685	685	Bills in the Third Reading, shall be referred forthwith to that committee, which shall examine
686	686	and correct them, to avoid repetitions and unconstitutional provisions, and to ensure accuracy in
687	687	the text and references, and consistency with the language of existing statutes, and to give effect
688	688	to section 52 of chapter 3 of the General Laws; but any change in the sense of legal effect, or any
689	689	material change in construction shall be reported to the Senate as an amendment. The committee
690	690	may consolidate into 1 bill any 2 or more related bills referred to it, whenever legislation may be
691	691	simplified by such consolidation. Resolutions received from and adopted by the House or
692	692	introduced or reported into the Senate, after they are read and before they are adopted, and
693	693	amendments of bills, resolves and resolutions adopted by the House and sent to the Senate for
694	694	concurrence, shall also be referred, in like manner, to the Committee on Bills in the Third
695	695	Reading. When a bill, resolve or resolution has been so referred, no further action shall be taken
696	696	until the committee has reported on the bill, resolve or resolution. If a bill or resolve referred to
697	697	the Committee on Bills in the Third Reading contains an emergency preamble, changes the
698	698	compensation paid to the members of the General Court, provides for the borrowing of money by
699	699	the Commonwealth and comes within Section 3 of Article LXII of the Amendments to the
700	700	Constitution, provides for the giving, loaning or pledging of the credit of the Commonwealth and
701	701	comes within Section 1 of Article LXII (as amended by Article LXXXIV) of the Amendments to
702	702	the Constitution, or provides, upon recommendation of the Governor, for a special law relating to
703	703	an individual city or town and comes within clause (2) of Section 8 of Article LXXXIX of the
704	704	Amendments to the Constitution, the committee shall plainly indicate the fact. [1817; 1836; 1882;
705	705	1888; 1890; 1891; 1914; 1919; 1925; 1927; 1929; 1945; 1965; 1967; 1983.]
706	706	33A. All legislative matters receiving a Senate number shall be presented and made available to
707	707	all the members of the Senate and to the public at least 24 hours in advance of consideration by
708	708	the Senate.
709	709	All other amendments recommended by any committee, other than the Committee on Bills in the
710	710	Third Reading, shall be subject to this rule.
711	711	This rule shall be suspended only upon a vote of two-thirds of the members present and voting.
712	712	[1985.]
713	713	33B. (a) A ceremonial resolution shall not be adopted by the Senate if it:
714	714	1.includes a statement of policy or ideology;
715	715	2.honors a deceased person; provided, however, that a resolution may honor the memory of
716	716	a deceased person;
717	717	3.proclaims a day, week or month; provided, however, that a resolution may recognize the
718	718	celebration of a day, week or month by a group, organization or other entity; 4.recognizes a for-profit corporation; provided, however, that a resolution may honor or
719	719	congratulate a for-profit corporation on its anniversary or other achievement if it has
720	720	participated in a specific service or action that is of value to a local community or the
721	721	commonwealth;
722	722	5.recognizes a person’s retirement unless the person is retiring from a position with the
723	723	commonwealth, a political subdivision thereof, or a non-profit organization and the
724	724	person has been in public service for not less than 20 years;
725	725	6.recognizes a person’s birthday unless the person is not less than 80 years old;
726	726	7.recognizes a married couple’s wedding anniversary unless the married couple has been
727	727	married for not less than 50 years;
728	728	8.recognizes a non-profit organization’s anniversary unless the anniversary is for not less
729	729	than 20 years; or
730	730	9.recognizes a class reunion.
731	731	(b) Notwithstanding subsection (a), a resolution otherwise prohibited under said subsection (a)
732	732	may be adopted by the Senate by unanimous consent of the members present. [2021.]
733	733	34. Bills and resolves prepared for final passage shall be certified by the Senate Clerk and
734	734	Parliamentarian, after comparison, to be the same as the bills or resolves passed to be engrossed;
735	735	and if found to be properly prepared, the Clerk shall so endorse on the envelope of the bill or
736	736	resolve; and the question on enactment or final passage or adopting an emergency preamble shall
737	737	be taken on the bill or resolve, without further reading, unless specifically ordered. When a bill
738	738	or resolve prepared for final passage contains an emergency preamble, changes the compensation
739	739	paid to members of the General Court, provides for the borrowing of money by the
740	740	Commonwealth and comes within Section 3 of Article LXII of the Amendments to the
741	741	Constitution, provides for the giving, loaning or pledging of the credit of the Commonwealth and
742	742	comes within Section 1 of Article LXII (as amended by Article LXXXIV) of the Amendments to
743	743	the Constitution, or provides, upon recommendation of the Governor, for a special law relating to
744	744	an individual city or town and comes within clause (2) of Section 8 of Article LXXXIX of the
745	745	Amendments to the Constitution, the Clerk shall plainly indicate the fact. [1817; 1831; 1882; 1888;
746	746	1914; 1919; 1965; 1967; 1971; 1983.]
747	747	ORDERS OF THE DAY.
748	748	35. The unfinished business in which the Senate was engaged at the time of the last adjournment
749	749	shall have preference in the Orders of the Day next after motions to reconsider. [1830; 1870.]
750	750	36. Reports of committees not by bill or resolve shall be referred to the Committee on Rules;
751	751	except that the report of a committee asking to be discharged from the further consideration of a
752	752	subject and recommending that it be referred to another committee, or a report of a committee
753	753	recommending that a matter be placed on file, shall be immediately considered. All reports of the
754	754	Committee on Rules shall be placed in the Orders of the Day for the next session unless such
755	755	matter is assigned for special consideration by said Committee on some future date.
756	756	Amendments to a measure which have been made by the House and sent back to the Senate for
757	757	concurrence shall be placed in the Orders of the next day after that on which they are received; provided that amendments involving state money shall be referred to the Committee on Ways
758	758	and Means
759	759	Reports of committees on proposals for amendment of the Constitution shall be dealt with in
760	760	accordance with Joint Rule 23. [1845; 1853; 1888; 1891; 1919; 1947; 1953; 1965; 1968; 1971; 1985; 1995; 2005;
761	761	2015.]
762	762	37. After entering upon the consideration of the Orders of the Day, the Senate shall proceed with
763	763	them in regular course, as follows: Matters not giving rise to a motion or debate shall first be
764	764	disposed of in the order in which they stand in the calendar; then the matters that were passed
765	765	over shall be considered and disposed of in like order. [1817; 1836; 1841; 1859; 1878; 1882; 1885.]
766	766	38. No matter which has been duly placed in the Orders of the Day shall be discharged from the
767	767	Orders of the Day or considered out of its regular course. [1885.]
768	768	38A. The Senate shall not continue in session beyond the hour of 8 p.m. This rule shall not be
769	769	suspended unless two-thirds of the members present and voting consent to such suspension on a
770	770	recorded yea and nay vote. [1983; 2005.]
771	771	38A 1/2. The Senate shall not continue in session beyond midnight. This rule shall not be
772	772	suspended unless two-thirds of the members present and voting consent to such suspension on a
773	773	recorded yea and nay vote. [2005.]
774	774	38B. Debate and consideration on the general appropriation bill shall begin at 10 a.m. and shall
775	775	be the only matter placed on the calendar for that day. [1985.]
776	776	RULES OF DEBATE.
777	777	39. When speaking, each member shall stand as able in such member’s place and address the
778	778	President. When recognized, the member shall confine such member’s remarks to the measure
779	779	and question under debate and shall at all times avoid personalities. [1817; 1831; 1871; 1973; 2017.]
780	780	40. When 2 or more members rise to speak at the same time, the President shall designate the
781	781	member who is entitled to the floor. [1831; 1888.]
782	782	41. No member shall speak more than once to the prevention of any other member who has not
783	783	spoken and desires to speak on the same question. [1817; 1886.]
784	784	42. No member shall interrupt another while speaking, except by rising to call to order or to rise
785	785	to a question of personal privilege or parliamentary inquiry. [1817; 1831; 1971.]
786	786	42A. A member referencing a report or study in debate must make said report or study readily
787	787	available either during or within a reasonable time after the debate if requested by another
788	788	member. [2015.]
789	789	43. After a question is put to vote no member shall speak to it. [1817.]
790	790	43A. No appeal from a decision of the President shall be entertained unless it is seconded; and
791	791	the question on the appeal shall be disposed of forthwith. [1973.] MOTIONS.
792	792	44. Any motion shall be reduced to writing if the President so directs. A motion need not be
793	793	seconded and may be withdrawn by the mover if no objection is made. [1817; 1844; 1871; 1888.]
794	794	44A. [Omitted in 2011.]
795	795	45. An amendment to any measure filed for debate with the Clerk containing 2 or more
796	796	propositions, capable of division, shall be divided whenever desired by any member. When a
797	797	motion to strike out and insert is thus divided, the failure of the motion to strike out shall not
798	798	preclude amendment; or, if the motion to strike out prevails, the matter proposed to be inserted
799	799	shall be open to amendment before the question is taken on inserting it. [1817; 1841; 1888.]
800	800	46. When a question is under debate the President shall receive no motion that does not relate to
801	801	the same, except a motion to adjourn or some other motion which has precedence by express rule
802	802	of the Senate, or because it is privileged in its nature; and the President shall receive no motion
803	803	relating to the same except:
804	804	(1) To lay on the table (or take from the table);
805	805	(2) To close debate at a specified time;
806	806	(3) To postpone to a day certain;
807	807	(4) To commit (or recommit);
808	808	(5) To amend ;
809	809	(6) To postpone indefinitely.
810	810	These motions shall have preference in the order in which they stand. [Between 1821 and 1826; 1831;
811	811	1844; 1870; 1882; 1885; 1888; 1921; 1939; 1945; 1971.]
812	812	47. Debate may be closed at any time not less than 1 hour from the adoption of a motion to that
813	813	effect. On this motion not more than 10 minutes shall be allowed for debate, and no member
814	814	shall speak more than 3 minutes. [1882.]
815	815	48. When motions are made to refer a subject to different committees, the committees proposed
816	816	shall be considered in the following order:
817	817	(1) A standing committee of the Senate;
818	818	(2) A special committee of the Senate;
819	819	(3) A joint standing committee of the two branches;
820	820	(4) A joint special committee of the two branches. [1884; 1888; 2017.]
821	821	49. No engrossed bill or resolve shall be amended; but this rule shall not apply to a bill or resolve
822	822	returned by the Governor with a recommendation of amendment under Article LVI of the
823	823	Amendments of the Constitution; nor shall it apply to amendments of engrossed bills proposed
824	824	by the House and sent to the Senate for concurrence. [1837; 1919; 1931.]
825	825	50. No motion or proposition of a subject different from that under consideration and no measure
826	826	which has been finally rejected or disposed of by the Senate shall be admitted under the color of
827	827	an amendment. [1882; 1971.]
828	828	51. [Omitted in 2011.] 52. The motion to adjourn and the call for yeas and nays shall be decided without debate.
829	829	On the motions to lay on the table and take from the table, to postpone to a time certain, to
830	830	commit or recommit (except with instructions), not exceeding 10 minutes shall be allowed for
831	831	debate, and no member shall speak more than 3 minutes.
832	832	On a motion to reconsider, not more than 30 minutes shall be allowed for debate, and no member
833	833	shall speak more than 5 minutes; but on a motion to reconsider a vote upon any subsidiary,
834	834	incidental or dependent question debate shall be limited to 10 minutes, and no member shall
835	835	speak more than 3 minutes.
836	836	On a motion to suspend any of the joint rules or Senate rules debate shall be limited to 15
837	837	minutes, and no member shall speak more than 3 minutes. [1817; 1859; 1870; 1874; 1882; 1885; 1937; 1941.]
838	838	52A. The Senate President or presiding officer of the Senate may not declare that the Senate is in
839	839	recess for more than 30 minutes, without informing the members from the rostrum of a time
840	840	certain for reconvention. [1993.]
841	841	RECONSIDERATION.
842	842	53. No motion to reconsider a vote shall be entertained unless it is made on the same day on
843	843	which the vote has passed, or on the next day thereafter on which a quorum is present and before
844	844	the Orders of the Day for that day have been taken up. If reconsideration is moved on the same
845	845	day, the motion shall (except during the last 14 calendar days of formal business under Joint
846	846	Rule 12A) be placed first in the Orders of the Day for the succeeding day; but if it is moved on
847	847	the succeeding day, the motion shall be considered forthwith; provided, however, that this rule
848	848	shall not prevent the reconsideration of a vote on a subsidiary, incidental or dependent question
849	849	at any time when the main question to which it relates is under consideration; and provided,
850	850	further, that a motion to reconsider a vote on any incidental, subsidiary or dependent question
851	851	shall not remove the main subject under consideration from before the Senate, but shall be
852	852	considered at the time when it is made.
853	853	There shall be no reconsideration of the vote on the question on adjourning, for the yeas and
854	854	nays, on laying on the table or on taking from the table; and when a motion for reconsideration
855	855	has been decided, that decision shall not be reconsidered. [1817; between 1821 and 1826; 1858; 1885; 1888;
856	856	1891; 1902; 1946; 1999, 2021.]
857	857	REJECTED MEASURES.
858	858	54. When any measure has been finally rejected or finally disposed of by the Senate, no measure
859	859	substantially the same shall be introduced by any committee or member during the session, or
860	860	moved as an amendment to another measure. [1817; dispensed with in 1831; revived in 1838; amended in 1841;
861	861	1844; 1877; 1882; 1971.] VOTING.
862	862	55. The President shall declare all votes; but if a member doubts a vote, the President shall order
863	863	a return of the number voting in the affirmative, and in the negative, without further debate. [1831;
864	864	1888.]
865	865	56. Regardless of the party affiliation of the person requesting or supporting a call of the yeas
866	866	and nays, the sense of the Senate shall be taken by yeas and nays whenever required by one-fifth
867	867	of the members present or by a number of members equal to the total number of members of the
868	868	minority party, whichever is less. The President may wait a period not exceeding 10 minutes
869	869	before ordering the Clerk to start the yeas and nays, during which time the members shall be
870	870	summoned to the Senate Chamber as the President may direct.
871	871	Other business of the Senate may be taken up during the 10 minute period. At the end of the 10
872	872	minute interval, the President shall state the question to be roll called and then direct the Clerk to
873	873	begin the call. If, after the yeas and nays have been ordered, an advanced notice of at least 60
874	874	minutes is given by the President, the President may set a time certain for the vote to be taken
875	875	and the 10 minute waiting period above prescribed may be waived. [1817; 1852; 1888; 1971; 1972, 1997;
876	876	2017, 2021.]
877	877	57. Whenever a question is taken by yeas and nays, the Clerk shall call the names of all
878	878	members, except the President, and every member present shall answer to such member’s name,
879	879	unless excused before the vote was taken. No member shall be permitted to vote after the
880	880	decision is announced from the Chair. [ 1837; 1844; 2008; 2015; 2017.]
881	881	57A. [Omitted in 2011.]
882	882	57B. [Omitted in 2023]
883	883	57C. (a) Notwithstanding Senate Rule 57, a member may authorize the presiding officer to
884	884	announce the member’s vote by submitting a letter to the Clerk that specifies the member’s exact
885	885	instruction to the presiding officer on how to answer the question for which the roll call is
886	886	ordered and states that the presiding officer is authorized to announce the member’s vote;
887	887	provided, however, that a member may alter or revoke this authorization by submitting a letter to
888	888	the Clerk; provided further, that if a member who has so authorized the presiding officer
889	889	announces the member’s own vote, the member shall be considered to have revoked the
890	890	authorization to announce the member’s vote. Upon receipt of a member’s letter authorizing the
891	891	presiding officer or altering or revoking the authorization of the presiding officer, the Clerk shall
892	892	notify the President and the minority leader of the authorization, alteration or revocation. The
893	893	Clerk shall maintain an updated list of the authorizations, alterations and revocations submitted
894	894	or in effect under this order and shall make the list publicly available in electronic form and
895	895	available after any vote subject to this order.
896	896	The presiding officer shall answer the roll call on behalf of each member who has authorized the
897	897	presiding officer to announce the vote under this section; provided, however, that the presiding
898	898	officer shall announce the vote in accordance with the member’s exact instruction.
899	899	A letter under this section may be submitted to the Clerk electronically.
900	900	57D. Notwithstanding Senate Rule 57 or any other rule to the contrary, a member may
901	901	participate remotely. A member who participates remotely may record the member’s vote on a question for which a roll call has been ordered, record the member’s presence, be counted on any
902	902	procedural question and deliver remarks, remotely.
903	903	The President shall, in consultation with Legislative Information Services, provide members
904	904	access to electronic means to allow them to participate remotely.
905	905	A court officer, in consultation with a member of the Clerk’s staff, shall monitor the electronic
906	906	means of participation and shall ascertain and announce a member’s vote, a member’s presence
907	907	or a member’s answer to a procedural question.
908	908	The President, in consultation with Legislative Information Services, shall designate an
909	909	appropriate staff member to coordinate participation in debate by any member who would like to
910	910	deliver remarks from outside the chamber. The presiding officer shall endeavor to ensure that the
911	911	Senate’s proceedings account for any delay or lag time that occurs due to the remote
912	912	participation of members in the session. The session shall be conducted at a pace that provides
913	913	adequate timing and intervals to allow for effective spontaneous responses by the members.
914	914	A member who participates remotely pursuant to this section shall be counted for the purpose of
915	915	establishing a quorum as required pursuant to Senate Rule 64 and Article XXXIII of the
916	916	Amendments to the Constitution of the Commonwealth.
917	917	ELECTIONS BY BALLOT.
918	918	58. In all elections by ballot a time shall be assigned for such election, at least 1 day prior to such
919	919	election, except in case of an election of President or President pro tempore, under Rule 5. [1831;
920	920	1891.]
921	921	REPORTERS' GALLERY.
922	922	59. The use of the reporters' gallery of the Senate Chamber shall be subject to the approval and
923	923	direction of the Committee on Rules during the session and of the President after prorogation.
924	924	Except in the reporter’s official capacity as a reporter, no reporter who is entitled to the
925	925	privileges of the reporters' gallery shall seek to influence the action of the Senate or any member,
926	926	nor shall such person approach a member to seek to influence such member in any place from
927	927	which legislative agents are excluded by Rule 61. Every legislative reporter desiring admission
928	928	to the reporters' gallery of the Senate Chamber shall state in writing that such reporter is not the
929	929	agent or representative of any person or corporation interested in legislation before the General
930	930	Court and will not act as representative of any such person or corporation while such reporter
931	931	retains a place in the gallery; but nothing in this rule shall prevent such legislative reporter from
932	932	engaging in other employment, provided such other employment is specifically approved by the
933	933	Committee on Rules and reported to the Senate. [1847; 1911; 1914; 1925; 1989; 2003; 2015.]
934	934	59A. Sessions of the Senate shall be made accessible to electronic media, including television,
935	935	radio and the Internet. The manner, conditions and extent of such access shall be established by
936	936	the Committee on Rules. The President and the Clerk shall endeavor to provide that all sessions of the Senate are
937	937	broadcast live. If it is not feasible for such a session to be broadcast live they shall endeavor to
938	938	provide for its delayed broadcast. The Committee on Rules may provide for the audio or video
939	939	transmission via the Internet of Senate sessions. The committee on Rules may enter into
940	940	agreements with nonprofit entities, including public and private educational facilities, to provide
941	941	for audio or video transmission via the Internet of the Senate sessions.
942	942	This rule shall not be suspended unless by majority vote of the members present and voting.
943	943	If, for any reason, the Senate convenes in a session and such session is not televised live, then the
944	944	party under the contractual duty to provide the broadcast shall provide to the Senate President
945	945	and Minority Leader within 24 hours of the adjournment of such session a report including, but
946	946	not limited to an explanation for why the broadcast was not received.
947	947	Prior to permanent arrangements being entered into for the broadcast of Senate sessions, any
948	948	television carrier, who wishes to broadcast any Senate session shall make application to the
949	949	committee on Rules to do so, approval of which shall not be unreasonably withheld. Any carrier
950	950	may make arrangements to utilize a pool feed to be provided under guidelines and conditions set
951	951	forth by the committee on Rules. [1989, 2001; 2003; 2007; 2015; 2021.]
952	952	59B. The Clerk of the Senate shall keep a copy of every broadcast Senate session for reference
953	953	purposes. Upon request, these copies or any images easily reproducible thereof shall be made
954	954	available to members and the public in a timely manner. [1993.]
955	955	59C. The electronic feed that provides the broadcast coverage of the Senate sessions shall be
956	956	available to any media outlet. [2002.]
957	957	59D. (1) The President shall make available to each member of the Senate a copy of the contract
958	958	for the broadcast of the Senate sessions.
959	959	(2) Any contracts executed after January 1, 2003 concerning television broadcast of the sessions
960	960	of the Senate shall require the following information to be reported to the members of the Senate:
961	961	(a) a list of all cities and towns to receive live television broadcasts of the sessions of the
962	962	Senate;
963	963	(b) a list of each city and town to receive Senate coverage including the date and time of
964	964	the live and pre-recorded broadcasts of each session of the Senate;
965	965	(c) a list of cities and towns that do not receive live televised broadcasts of the sessions of
966	966	the Senate and an explanation for the lack of coverage.
967	967	The President shall make available said copy of the contract to each member of the Senate on the
968	968	first day of the annual session. [2003; 2021.]
969	969	THE SENATE CHAMBER AND ADJOINING ROOMS
970	970	60. No person not a member shall be allowed to sit at the Senate table while the Senate is in
971	971	session. [1853; 1888.] 61. No person, except members of the legislature and the executive departments of state
972	972	government, persons in the exercise of an official duty directly connected with the business of
973	973	the Senate, and reporters who are afforded press privileges by the Senate President, shall, unless
974	974	invited by the President, be admitted to the floor of the Senate Chamber or to the Senate Reading
975	975	room or to the corridor between the Senate Reading room and the Senate Chamber during the
976	976	sessions of the Senate, or during the half hour preceding or succeeding said sessions, nor to the
977	977	Senate reading room, cloak room or anterooms on any day when a session of the Senate is held,
978	978	except upon written invitation bearing the name of the person it is desired to invite and the name
979	979	of the Senator extending the invitation, which invitation shall be surrendered when the person
980	980	enters one of the otherwise restricted areas.
981	981	Reporters desiring access to the Senate Chamber shall make written application to the President
982	982	stating the purposes for which the privileges are required, and such privileges shall be granted
983	983	only upon written approval by the President.
984	984	No legislative agent shall be admitted to the floor of the Senate Chamber. On any day when a
985	985	session of the Senate is held, no legislative agent shall be admitted to the Senate Reading room,
986	986	the cloak room, the Senate corridor or anterooms and no person, except members of the
987	987	legislature and the executive departments of state government and persons in the exercise of an
988	988	official duty directly connected with the business of the Senate shall be permitted to loiter in the
989	989	Reading room, the cloak room, the Senate corridor or anterooms at any time. Smoking shall not
990	990	be permitted in the Senate Reading room, the cloak room or the anterooms. [1870; 1875; 1886; 1891;
991	991	1895; 1896; 1897; 1898; 1907; 1909; 1914; 1916; 1925; 1989.]
992	992	61A. No person shall be allowed to smoke on the floor of the Senate. [1985.]
993	993	61B. The Senate President shall preserve decorum and order in the Senate Chamber. The Senate
994	994	President shall require that, while in the Senate Chamber, members, staff and guests dress in
995	995	appropriate attire and be courteous and professional when using electronic devices. Members,
996	996	staff and guests shall not take photographs or videos while the Senate is in session unless
997	997	permitted to do so by the Senate President. No person shall talk on a cellular telephone or other
998	998	mobile electronic device in the Senate Chamber while the Senate is in session. [2003; 2013.]
999	999	PARLIAMENTARY PRACTICE.
1000	1000	62. The rules of parliamentary practice shall govern the Senate in all cases to which they are
1001	1001	applicable, and in which they are not inconsistent with these rules or the joint rules of the 2
1002	1002	branches. [1847; 1858; 1882; 1895; 1963.]
1003	1003	62A. [Renumbered in 2013 as Senate Rule 61B.]
1004	1004	PROCUREMENTS.
1005	1005	62B. (a) The Chief Financial Officer of the Senate shall complete the procurement of all goods
1006	1006	and services for the Senate. Procurements for goods or services shall be made from the statewide
1007	1007	procurement contract established by the operational services division, to the extent practicable,
1008	1008	as determined by the Chief Financial Officer. If the Chief Financial Officer determines that a procurement cannot be made using the statewide procurement contract established by the
1009	1009	operational services division, the Chief Financial Officer may procure the required goods or
1010	1010	services under subsections (b), (c) or (d).
1011	1011	(b) Procurement of a supply or service from a vendor not on the statewide procurement contract
1012	1012	reasonably estimated by the Chief Financial Officer to be valued at less than $10,000 shall be
1013	1013	made at the discretion of the Chief Financial Officer.
1014	1014	(c) If the Chief Financial Officer seeks to procure a supply or service from a vendor not on the
1015	1015	statewide procurement contract that the Chief Financial Officer reasonably estimates to be
1016	1016	valued at $10,000 or more, but less than $100,000, the Chief Financial Officer shall seek
1017	1017	quotations from not fewer than 3 persons providing such supply or service. The Chief Financial
1018	1018	Officer shall record the names and addresses of all persons from whom quotations were received,
1019	1019	the names of the persons submitting quotations and the date and amount of each quotation. The
1020	1020	Chief Financial Officer shall award the contract to the responsible person whose quotation offers
1021	1021	the needed quality of supply or service and which represents the best value for the Senate.
1022	1022	(d) If the Chief Financial Officer seeks to procure a supply or service from a vendor not on the
1023	1023	statewide procurement contract that the Chief Financial Officer reasonably estimates to be
1024	1024	valued at $100,000 or more, the Chief Financial Officer shall seek proposals through a
1025	1025	competitive bid process, which shall be established by the Chief Financial Officer. The Chief
1026	1026	Financial Officer shall include diversity and inclusion plan requirements in all requests for
1027	1027	proposals and shall consider those plans alongside traditional criteria when evaluating bids.
1028	1028	(e) The Chief Financial Officer shall maintain a file on each procurement not executed using the
1029	1029	statewide procurement contract established by the operational services division and in excess of
1030	1030	$10,000 and shall include in such file all documents constituting the agreement for goods and
1031	1031	services and all documents required by subsection (c) or (d). The files maintained shall be
1032	1032	available for inspection by members of the Senate during regular business hours unless the
1033	1033	information is otherwise protected by state or federal law.
1034	1034	(f) All procurements for legal services shall follow a process established by the Counsel to the
1035	1035	Senate and the Chief Financial Officer and shall be approved by the Counsel to the Senate.
1036	1036	(g) If, in the determination of the Chief Financial Officer, an emergency procurement of greater
1037	1037	than $10,000 is necessary, the Chief Financial Officer may procure the goods or services
1038	1038	immediately and create and maintain a file explaining the nature of the emergency and the goods
1039	1039	or services that were procured as a result. The Chief Financial Officer shall document the goods
1040	1040	or services that were procured, the process used to procure the goods or services, the vendors that
1041	1041	were contacted and any other information relevant to the procurement, and make that
1042	1042	information available to members of the Senate during regular business hours, unless the
1043	1043	information is otherwise protected by state or federal law. [2013, 2019; 2021.]
1044	1044	ALTERATIONS, SUSPENSION OR REPEAL OF RULES.
1045	1045	63. This rule and rules 24, 31, 33, 34 and 53 shall not be suspended if objection is made; and no
1046	1046	other rule shall be altered, suspended or repealed, except by vote of two-thirds of the members
1047	1047	present and voting. The Committee on Rules may consider and suggest measures that shall, in its judgment, tend to facilitate the business of the Senate, and a majority vote of the Senate shall be
1048	1048	required to approve such recommendations.
1049	1049	Additionally a measure to repeal, change, add or otherwise modify a rule or rules of the Senate
1050	1050	may be proposed at any time by either 1/5 of the members or the number of minority members,
1051	1051	provided that such measure is presented to the clerk in the form of an order. Such order shall be
1052	1052	referred immediately to the Committee on Rules, which shall report to the Senate on such order
1053	1053	within 10 days of its referral to the committee. Such report shall be placed in the Orders of the
1054	1054	Day for the next formal session for consideration by the Senate. [1817; 1841; 1848; 1882; 1888; 1891;
1055	1055	1893; 1899; 1953; 1973; 2003; 2015.]
1056	1056	64. Twenty-one members shall constitute a quorum for the organization of the Senate and the
1057	1057	transaction of business. [See Amendments to the Constitution, Art. XXXIII.] [1973.]
1058	1058	65. The Senate shall meet not later than the fourth Friday following the convening of the first
1059	1059	annual session of a General Court for the purpose of adopting permanent rules of the Senate.
1060	1060	[1991; 2007.]
1061	1061	66. [Omitted in 1997.]
1062	1062	67. The resignation of a Senator shall become effective within 14 days from submission of a
1063	1063	letter of resignation or a letter of intent to resign to the Senate President’s Office. [2007.]
1064	1064	REVIEW PAST SENATE PROCEDURE.
1065	1065	68. The President shall establish a commission to examine past rules and practices of the
1066	1066	Massachusetts State Senate.
1067	1067	This commission shall consist of 3 members: the Senate President pro tempore or a designee; the majority leader or a designee; and the minority leader or a designee; and shall examine and
1068	1068	compare the current rules and practices of the Massachusetts State Senate with the body’s
1069	1069	historic rules and practices. This examination and comparison may include, but not be limited to,
1070	1070	matters of decorum, anti-harassment, attendance, dress and schedule.
1071	1071	The commission shall report its findings and recommendations by September 1 of every even
1072	1072	numbered year. [2009; 2013, 2019.]
1073	1073	69. Meetings of any special commissions, special legislative commissions, task forces or other
1074	1074	groups authorized or required by statute, resolve, rule or order to make or conduct an
1075	1075	investigation or study of any issue, and which are chaired by a Senator, shall be conducted
1076	1076	openly and transparently, and shall conform both to Senate rules and to statutes. [2017.]