Massachusetts 2023-2024 Regular Session

Massachusetts Senate Bill S18 Compare Versions

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22 SENATE . . . . . . . . . . . . . . . . No. 18
33 Senate, February 2, 2023 -- Text of the proposed Joint Rules recommended by the Temporary
44 Committee on Rules to be adopted as the Joint Rules governing the 2023-2024 legislative
55 session.
66 The Commonwealth of Massachusetts
77 _______________
88 In the One Hundred and Ninety-Third General Court
99 (2023-2024)
1010 _______________
1111 JOINT RULES OF THE SENATE
1212 AND
1313 HOUSE OF REPRESENTATIVES
1414 [The dates under each rule indicate when the rule and its amendments were adopted.]
1515 Committees.
1616 1. Joint standing committees shall be appointed at the beginning of the biennial session as
1717 follows:-
1818 A committee on Advanced Information Technology, the Internet and Cybersecurity;
1919 A committee on Agriculture;
2020 A committee on Bonding, Capital Expenditures and State Assets
2121 A committee on Cannabis Policy;
2222 A committee on Children, Families and Persons With Disabilities;
2323 A committee on Community Development and Small Businesses;
2424 A committee on Consumer Protection and Professional Licensure;
2525 A committee on Emergency Preparedness and Management;
2626 A committee on Economic Development and Emerging Technologies;
2727 A committee on Education;
2828 A committee on Elder Affairs;
2929 A committee on Election Laws; 2
3030 A committee on Environment and Natural Resources;
3131 A committee on Financial Services;
3232 A committee on Health Care Financing;
3333 A committee on Higher Education;
3434 A committee on Housing;
3535 A committee on the Judiciary;
3636 A committee on Labor and Workforce Development;
3737 A committee on Mental Health, Substance Use and Recovery;
3838 A committee on Municipalities and Regional Government;
3939 A committee on Public Health;
4040 A committee on Public Safety and Homeland Security;
4141 A committee on Public Service;
4242 A committee on Racial Equity, Civil Rights and Inclusion;
4343 A committee on Revenue;
4444 A committee on State Administration and Regulatory Oversight;
4545 A committee on Telecommunications, Utilities and Energy;
4646 A committee on Tourism, Arts and Cultural Development;
4747 A committee on Transportation; and
4848 A committee on Veterans and Federal Affairs.
4949 Each to consist of 6 members of the Senate, and 11 on the part of the House except the
5050 committees on Bonding, Capital Expenditures and State Assets, Economic Development and
5151 Emerging Technologies, Public Safety and Homeland Security, Mental Health, Substance Use
5252 and Recovery, Health Care Financing and Transportation which shall consist of 7 members of
5353 the Senate and 13 of the House.
5454 Within 4 weeks of the appointment of joint standing committees in the first annual session of the
5555 General Court, each joint standing committee shall adopt rules of procedure regarding its
5656 conduct. Said rules of procedure, together with any amendments, shall be filed with the Clerk of
5757 the Senate and the Clerk of the House and shall be available to the public and members of the
5858 General Court on the official website for the General Court.
5959 Except as provided by Joint Rule 1E or 1F, each matter shall be referred only to 1 joint
6060 committee for consideration and all reports of matters by joint committees shall be made to the
6161 House or the Senate, under Joint Rule 4, not to another joint committee. The committee to which 3
6262 a matter is initially referred may discharge the matter to another committee with jurisdiction over
6363 the matter.
6464 Matters referred by either the Senate or the House to its committee on Ways and Means shall be
6565 considered by the respective committees of the 2 branches, acting as a joint committee, when, in
6666 the judgment of the chairs of the respective committees of the 2 branches, the interests of
6767 legislation or the expedition of business will be better served by such joint consideration. Matters
6868 may also be referred to the committees on Ways and Means, of the 2 branches, as a joint
6969 committee.
7070 The committees on Rules, together with the presiding officers of the 2 branches, acting
7171 concurrently, may consider and suggest such measures as shall, in their judgment, tend to
7272 facilitate the business of the session and a majority vote of the 2 branches shall be required to
7373 approve such recommendations.
7474 In order to assist the House and the Senate in their: (1) consideration and enactment of new
7575 legislation and modifications of existing laws, when either are deemed to be appropriate; (2)
7676 evaluation of the effectiveness and administration of laws and programs previously enacted; and
7777 (3) appraisal of the conditions and circumstances which may indicate the desirability of enacting
7878 new legislation, the various joint committees shall have the following oversight responsibilities:
7979 (i) each joint committee shall review and study, on a continuing basis, the implementation,
8080 administration, execution and effectiveness of those laws, or parts of law, the subject matter of
8181 which is within the jurisdiction of that committee, the administrative regulations adopted to
8282 implement those laws, and those state agencies or entities having responsibilities for the
8383 administration and execution of such laws;
8484 (ii) in carrying out these review and study activities, each committee shall determine whether
8585 such laws, administrative regulations and programs under those laws are being implemented in
8686 accordance with the intent of the General Court and whether such laws, administrative
8787 regulations and programs should be continued, curtailed or eliminated;
8888 (iii) each committee shall also review and study any conditions and circumstances which may
8989 indicate the necessity or desirability of enacting new legislation within the jurisdiction of that
9090 committee, regardless of whether any matter has been introduced on that subject, and shall, on a
9191 continuing basis, undertake research on matters within the jurisdiction of that committee. 4
9292 Committees shall coordinate oversight activities, under the direction of the presiding officers of
9393 both branches, to achieve the maximum objectives of clauses (i), (ii) and (iii).
9494 Each committee may, upon completion of its oversight hearings, report to the General Court the
9595 results of its findings and recommendations together with accompanying corrective legislation, if
9696 any, by filing the same with the Clerk of the House of Representatives or the Clerk of the Senate.
9797 Copies of such reports shall be, whenever practicable, made available to all members
9898 electronically and to the public via the Internet. The disposition of said reports shall be
9999 determined by the Clerks with the approval of the Speaker and the President.
100100 The Senate and House chairs of a joint committee may appoint subcommittees to investigate and
101101 study any matter referred to said subcommittee. Any subcommittee so established shall be co-
102102 chaired by a majority member of the Senate and a majority member of the House who are
103103 members of the joint standing committee appointing the subcommittee. The composition of the
104104 subcommittee shall be proportional to the composition of the appointing joint committee;
105105 provided, however, that not less than 10 per cent of the subcommittee’s members shall be from
106106 the minority party. Chairs of subcommittees shall not be considered chairs under section 9B of
107107 chapter 3 of the General Laws. A subcommittee may, upon completion of an investigation and
108108 study, report the results of the investigation and study together with legislation, if any, by filing
109109 the same with the Senate and House chairs of the appointing joint committee.
110110 Temporary employees of the general court assigned to a joint committee who are students at an
111111 accredited education institution or employees or grantees of other non-profit organizations under
112112 section 501 (c) (3) of the Internal Revenue Code may receive compensation from such
113113 organization, according to that organization's regular program of providing such compensation
114114 for temporary governmental or public service employment. A temporary employee's Senate or
115115 House supervisor shall establish the employee's total compensation, shall verify that the sum of
116116 the employee's state compensation, if any, and that any outside compensation the employee is to
117117 receive under this rule would not exceed this total compensation, and shall file the written terms
118118 of the employee's compensation with the Senate or House Human Resources Office, where it
119119 shall be available for public inspection. The temporary employee shall sign a confidentiality and
120120 ethics agreement provided by the Senate or House Human Resources Office.
121121 The Senate and House Offices of Human Resources shall publish an employee handbook for
122122 joint employees of both branches of the general court. The handbook shall be developed with 5
123123 the advice and approval of both the Counsel to the Senate and the Counsel to the House. The
124124 handbook shall address access by joint employees to the human resource related services and
125125 programs of each branch of the general court. Joint employees shall complete any training
126126 required by either branch of the general court, as may be agreed upon by the Senate and House
127127 Offices of Human Resources. [Amended Jan. 6, 18 82; Jan. 5, 18 83; Jan. 7, 18 84; Jan. 8 and 26, 1885; Jan. 8, 18 86;
128128 Jan. 12, 18 87; Jan. 9, 18 88; Jan. 28, 18 89; Jan. 8, 18 90; Feb. 2, 18 91; Jan. 11 and Feb. 10, 18 92; Feb. 7, 18 93; Jan. 8. 1894;
129129 Jan. 7, 18 95; Jan. 7, 18 96; Jan. 11, 18 97; Jan. 10, 18 98; Jan. 9, 18 99; Jan. 22 and 29, 1901; Jan. 6, 19 02; Jan. 9, 19 03; Jan. 8,
130130 19 04; Jan. 6, 19 05; Jan. 4, 19 07; Jan. 5, 19 10; Jan. 4, 19 11; Jan. 1, 19 13; Jan. 12, 19 14; Jan. 2, 19 18; Jan. 1 and 8 and Feb.
131131 21, 1919; Jan. 7, 19 20; Jan. 5, 19 21; April 17 and 30, 1925; Jan. 5, 19 27; Jan. 7, 19 31; Jan. 6, 19 37; Jan. 4, 19 39; Jan. 1, 19
132132 41; Jan. 3, 19 45; Jan. 2, 19 46; Jan. 6, 19 47; Feb. 1, 19 49; Jan. 7, 19 53; Jan. 7, 19 59; Jan. 30, 19 61; Jan. 7, 19 63; Jan. 12, 19
133133 65; Feb. 24, 19 65; Mar. 10, 19 66; Jan. 30, 19 67; Jan. 7, 1971 ; July 23, 1974 ; Sept. 30 and Oct. 12, 1976 ; Nov. 3, 1981 ; Dec.
134134 21, 1981 ; Mar. 15, 1982 ; Oct. 3, 1983 ; June 3, 1985 ; Jan. 25 and Mar. 14, 1988 ; Mar. 27, 1995 , June 12, 1995 ; July 17, 2003
135135 ; Jan. 26, 2005; July 21 and September 20, 2005; Feb. 20, 2007; Feb 12, 2009; Feb. 15, 2017; Mar 7, 2019; Mar. 25, 2021.]
136136 1A. All meetings of joint committees acting concurrently, Senate and House standing
137137 committees, special committees of the Senate and House of Representatives, and joint special
138138 committees and committees of conference on the disagreeing votes of the 2 branches shall be
139139 open to the public, unless a majority shall vote otherwise. [Adopted July 17, 1973. Amended July 18, 1974;
140140 Feb. 12, 2009.]
141141 1B. A joint standing committee shall hold a public hearing on each matter referred to it in each
142142 legislative session. [Adopted June 3, 1985; Amended Feb. 12, 2009.]
143143 1C. All joint standing committees shall schedule committee hearings, polls, and executive
144144 sessions upon agreement of the chairs and so as not to conflict, to the extent feasible, with the
145145 schedules of other committees and, to the extent feasible, the day of the week and times during
146146 that day set aside for formal sessions by the respective branches from the first Wednesday in
147147 January through the fourth Wednesday of April in the first annual session.
148148 Hearings shall, to the extent feasible, be made available on a platform that permits remote public
149149 participation from outside the hearing room through audio or video technology; provided,
150150 however, the chairs may by agreement waive this requirement for technological, operational or
151151 logistical reasons. Chairs shall schedule hearings that offer remote participation through
152152 Legislative Information Services and the Sergeant-at-Arms. Members of the committee may
153153 participate remotely and shall have the same privileges, rights and responsibilities as if the
154154 member were physically present at the hearing location, and other members may offer remote
155155 testimony before committees of which they are not a member. The agenda for such a hearing
156156 shall specify how members of the public may access, monitor and participate in the remote 6
157157 aspect of the meeting. Nothing contained herein shall limit the ability of a committee to meet in
158158 executive session, prevent disruption or maintain decorum during the hearing. Committees may
159159 adopt rules to govern the orderly and efficient operation of such hearings.
160160 [Adopted June 3, 1985; Amended June 12, 1995; Mar. 7, 2019.]
161161 1D. All meetings of joint standing committees, and special joint committees of the Senate and
162162 House of Representatives, shall be open to the public, and any person shall be permitted to attend
163163 any such meeting unless such committee convenes in executive session, as provided herein. All
164164 joint standing committees shall determine a schedule for committee hearings to be held from the
165165 beginning of the first annual session through the fourth Wednesday in June in said session. These
166166 committee schedules shall be submitted to the Clerk of the House who shall cause them to be
167167 published on the official website for the General Court. Establishment of such schedules shall
168168 not preclude joint standing committees from scheduling additional hearings or meetings as
169169 needed. No executive session shall be held except upon extraordinary circumstances and only
170170 after the committee has first convened in an open session for which notice has been given, the
171171 presiding officer has stated the purpose of the executive session, a majority of the committee
172172 members present has voted to go into executive session, the vote of each member has been
173173 recorded on a roll call vote, and the presiding officer has stated before the executive session if
174174 the committee will reconvene after the executive session. The records of all such roll calls shall
175175 be kept in the offices of the committee for the duration of the General Court during which said
176176 vote was recorded, and shall be available for public inspection upon reasonable notice and during
177177 regular office hours.
178178 Committees shall provide to members of the committee either the text or comprehensive
179179 summaries of the bills or other forms of legislative matters prior to the beginning of an executive
180180 session or poll. Any recorded votes on a favorable or adverse report on an individual bill, taken
181181 by roll call or electronic poll of each member, shall be posted on the website of the General
182182 Court. All joint standing committees, and special joint committees of the Senate and House of
183183 Representatives, shall notify the Sergeant-at-Arms of the time, place and agenda of all public
184184 hearings and executive sessions not less than 5 days prior to the time of such meetings. If public
185185 testimony is being solicited, agendas shall include an electronic mail address and physical mail
186186 address for the submission of testimony and shall inform the public that testimony received may
187187 be made publicly available. The Sergeant-at-Arms shall notify the clerk, who shall inform all 7
188188 members electronically and publish such information on the official website of the General Court
189189 whenever practicable.
190190 Any such public testimony received by the committee that is readily capable of being reproduced
191191 shall be made available to the public upon request; provided, however, that the committee may
192192 redact such public testimony that includes sensitive personal information or information that may
193193 jeopardize the health, wellness or safety of an individual. If expert testimony is being solicited
194194 by the committee, the committee shall make reasonable efforts to promote the diversity of expert
195195 witness panels.
196196 Nothing contained in this rule shall prohibit a joint standing committee or special joint
197197 committee of the Senate and the House of Representatives from taking appropriate action
198198 including, but not limited to, the exclusion of a person from a committee meeting in order to
199199 prevent the disruption of or interference with committee proceedings. All meetings of joint
200200 standing committees, and special joint committees of the Senate and House of Representatives,
201201 shall be limited to no more than 50 bills to be discussed in a hearing, unless it can be determined
202202 that all of the bills being considered are of the same subject matter.
203203 The 5 day requirement shall be suspended in an emergency only after all reasonable efforts have
204204 been made to contact all committee members and upon a recorded vote of at least a majority of
205205 the members of each branch appointed to the committee, but not less than two-thirds of the
206206 members of each branch voting.
207207 A meeting of a committee may be recorded by a person in attendance by means of a recorder or
208208 any other means of audio/visual reproduction except when a meeting is held in executive session;
209209 provided, that a person seeking to record a meeting of a committee notifies the Chairs of the
210210 committee prior to commencing such recording; and provided further that during such recording
211211 there is no interference with the conduct of the meeting.
212212 The Chairs of each committee shall preserve decorum and order during each committee hearing.
213213 Persons attending hearings shall be required to refrain from the use of cellular telephones,
214214 beepers and pagers. The use of visual aids including, without limitation, posters, displays, or
215215 charts shall be permitted only upon approval of the Chairs. Joint Committees may receive
216216 testimony from public officials out of the regular order of participation; provided, however, that
217217 if a committee follows such a practice public officials of Indigenous communities shall be treated
218218 accordingly. [Adopted June 3, 1985. Amended June 12, 1995; Feb. 20, 2007; Mar. 14, 2013; Mar. 7, 2019.] 8
219219 1E. The joint standing committee on Health Care Financing shall review all legislation relating
220220 to health care to evaluate the appropriateness and fiscal effect of such legislation. A matter
221221 within the jurisdiction of said committee may, if appropriate, initially be referred to another joint
222222 standing committee sharing jurisdiction of the subject-matter. Any matter reported favorably by
223223 such joint standing committee shall be referred to the joint committee on Health Care Financing;
224224 provided, however, that notwithstanding any rule to the contrary, any such matter so reported
225225 shall not be read a first time in the branch in which the report was received. The next favorable
226226 report on any such matter, if made by a joint committee, may be made to either branch. Such
227227 next favorable report shall be considered the first reading. The branch of origin for any such bill
228228 so reported shall be the branch receiving such favorable report.
229229 For all matters initially referred to the joint committee on Health Care Financing and not
230230 previously referred to another joint committee, the joint committee on Health Care Financing
231231 may make favorable reports to either branch, at the discretion of the committee, except that
232232 reports on money bills shall be made to the House.
233233 In compliance with section 38A of chapter 3 of the General Laws, the joint committee on Health
234234 Care Financing when reporting on bills shall include a fiscal note prepared under section 3A of
235235 chapter 29 of the General Laws, showing the estimated cost or the fiscal effect of the proposed
236236 legislation, if, in the opinion of said committee, such cost or fiscal effect exceeds the sum of
237237 $100,000; provided, however, that any matter reported by the committee on Health Care
238238 Financing with a fiscal effect of less than $100,000 shall not be referred, under the rules, to the
239239 committee on Ways and Means. [Adopted Jan. 26, 2005; Amended May 19, 2005; Feb. 20, 2007; Feb. 12, 2009.]
240240 1F. The joint committee on Bonding, Capital Expenditures and State Assets shall review all
241241 legislation providing for the giving, loaning or pledging of the credit of the Commonwealth (see
242242 Article LXII of the Amendments to the Constitution, as amended by Article LXXXIV). Said
243243 committee shall be responsible for evaluating such legislation and determining the
244244 appropriateness of enacting legislation containing increased bond authorizations for the
245245 Commonwealth. The committee shall periodically review and hold open public hearings,
246246 accepting oral and written testimony on the status of the bonds and notes of the Commonwealth,
247247 including (1) general obligation debt; (2) dedicated income tax debt; and (3) special obligation
248248 debt. The committee shall also, in its continuing study of the state’s bonding practices, review
249249 the Commonwealth’s liabilities relative to (a) state-supported debt; (b) state-guaranteed debt; and
250250 (c) indirect obligations. 9
251251 Any bill providing for borrowing for new projects, and requiring the Commonwealth to issue
252252 bonds for such purpose, shall, prior to its reference to the committee on Ways and Means, be
253253 referred to the committee on Bonding, Capital Expenditures and State Assets for report on its
254254 relationship to the finances of the Commonwealth. A measure may initially be referred to
255255 another joint committee with jurisdiction over the subject matter before being referred to the
256256 committee on Bonding, Capital Expenditures and State Assets; provided, however, that
257257 notwithstanding any rule to the contrary, any such matter so reported shall not be read a first time
258258 in the branch in which the report was received. The next favorable report on any such matter by
259259 the committee on Bonding, Capital Expenditures and State Assets shall be considered the first
260260 reading. The branch of origin for any such bill so reported shall be the branch receiving such
261261 favorable report.
262262 The provisions of Joint Rule 4 shall apply to all matters referred to the joint committee on
263263 Bonding, Capital Expenditures and State Assets, except that where constitutionally prohibited.
264264 The joint committee shall consult with the various agencies of the Executive branch and the
265265 office of the Treasurer and Receiver-General relative to project expenditures, availability of
266266 funds, the sale of new bonds and the resultant debt obligations, federal reimbursements and other
267267 related funding and bonding issues.
268268 The joint committee on Bonding, Capital Expenditures and State Assets shall be authorized to
269269 conduct hearings relative to the statutory authority of the Executive branch and the Treasurer and
270270 Receiver-General in the issuance and sale of bonds and notes and the expenditure of capital
271271 funds by the various agencies and authorities of the Commonwealth. The committee shall
272272 determine whether such laws, administrative regulations and programs are being implemented in
273273 accordance with the intent of the General Court.
274274 The committee on Bonding, Capital Expenditures and State Assets shall be authorized to report
275275 to the General Court from time to time on the results of its hearings and to file drafts of
276276 legislation necessary to carry its recommendations into effect.
277277 Messages from the Governor setting terms of bonds and notes, or for the de-authorization or
278278 authorization of bonds and notes shall be referred to the committee on Bonding, Capital
279279 Expenditures and State Assets. [Adopted Mar. 25, 2021 -- previously omitted ]
280280 1G. The President of the Senate, the Speaker of the House of Representatives, Minority Leader
281281 of the Senate, Minority Leader of the House of Representatives, the Senate and House chairs and 10
282282 the Senate and House ranking minority members of the joint committee on Public Safety and
283283 Homeland Security may receive security clearance from federal and state homeland security
284284 officials in order to be granted access to confidential homeland security briefings, information
285285 and materials. The President of the Senate, the Speaker of the House of Representatives, the
286286 Senate and House committee chairs and the Senate and House ranking minority members may
287287 designate 1 or more members of their staff who may receive such security clearance.
288288 Any person who receives security clearance under this rule shall sign all confidentiality
289289 agreements required by homeland security officials. The breach of any such confidentiality
290290 agreement shall constitute a violation of the Joint Rules of the Senate and House of
291291 Representatives. Any alleged violation of a confidentiality agreement shall be referred for
292292 investigation to the Senate committee on Ethics and Rules or the House committee on Ethics,
293293 respectively, and, if appropriate, to law enforcement authorities for potential criminal
294294 prosecution. [Adopted Jan. 26, 2005; Amended Feb. 12, 2009; Mar. 7, 2019.]
295295 2. No member of either branch shall act as counsel for any party before any committee of the
296296 Legislature.
297297 2A. No member of either branch shall purchase, directly or indirectly, the stock or other
298298 securities of any corporation or association knowing that there is pending before the General
299299 Court any measure specially granting to such corporation or association any immunity,
300300 exemption, privilege or benefit or any measure providing for the creation of, or directly affecting
301301 any, contractual relations between such corporation or association and the Commonwealth. This
302302 rule shall not apply to the purchase of securities issued by the Commonwealth or any political
303303 subdivision of the Commonwealth. [See G.L. chapter 268, section 10.] [Adopted Jan. 16, 1922.]
304304 3. When the General Court is in session, authorization for any committee of the Senate or House
305305 of Representatives to travel during the session of the General Court shall be approved by a vote
306306 of two-thirds of the members of its branch present and voting. When the General Court is in
307307 session, authorization for any committee of the Senate or House of Representatives to sit and
308308 travel during the recess of the General Court shall be approved by a vote of two-thirds of the
309309 members of each branch present and voting. During the recess of the General Court, the
310310 President of the Senate and the Speaker of the House of Representatives may, by written consent,
311311 allow standing committees of their respective branches or appoint special committees to sit,
312312 travel and incur expenses not exceeding sums authorized in writing by said presiding officers and 11
313313 appropriated for such purposes. When the General Court is in session, authorization for any joint
314314 committee to travel during the session, or to sit or travel during the recess, of the General Court
315315 shall be approved by a vote of two-thirds of the members of each branch present and voting.
316316 During the recess of the General Court, the President of the Senate and the Speaker of the House
317317 of Representatives, acting jointly, may, by written consent, allow joint committees or appoint
318318 joint special committees to sit, travel and incur expenses not exceeding sums authorized in
319319 writing by said presiding officers and appropriated for such purposes. The Clerks of the Senate
320320 and House of Representatives shall be notified of any appointments made and authorizations
321321 granted during the recess for said committees to sit, travel and incur expenses during the recess
322322 and the Clerks shall enter such information in the journals for the next year, as soon as may be
323323 practicable. Committees authorized by the presiding officers to sit during the recess in the odd
324324 numbered year shall report not later than the fourth Wednesday of January during the following
325325 year and committees authorized by the presiding officers to sit during the recess in the even
326326 numbered year shall report not later than the fourth Wednesday of December during the same
327327 year.
328328 No committee shall travel except at the expense of the Commonwealth. In any case when a
329329 committee is authorized to travel, the Sergeant-at-Arms shall provide transportation only for
330330 members of the committee and the officer accompanying them, and the reasonable traveling
331331 expenses of such members and officers only shall be charged to or paid by the Commonwealth.
332332 Neither the Sergeant-at-Arms nor the officer detailed by the Sergeant-at-Arms shall permit any
333333 person to accompany such committee while in the discharge of its official duties unless invited
334334 by vote of the committee.
335335 All bills for the traveling expenses of committees shall be submitted by the Sergeant-at-Arms to
336336 the committee by whom they have been incurred and shall be approved by a majority of said
337337 committee before being presented to the Comptroller for payment. [Adopted Feb. 7, 1890; Amended Feb.
338338 2, 1891 ; Jan. 20, 1904 ; April 17, 1925 ; March 2, 1943 ; July 27, 1950 ; Oct. 18, 1971 ; March 28, 1972 ; Jan. 15, 1973; Feb. 12,
339339 2009.]
340340 3A. A joint standing committee may, upon the written and signed report of two-thirds of the
341341 members of the Senate and two-thirds of the members of the House appointed to said committee,
342342 report a bill or other form of legislation without said legislation being founded upon petition;
343343 provided, however, that matters so reported shall be germane to the subject matters regularly
344344 referred to the committee. The committee shall hold a public hearing on such bill or other form 12
345345 of legislation before it is reported. A bill or other form of legislation so reported shall be placed
346346 in the Orders of the Day by the Clerk of the respective branch to which it is reported or referred
347347 to a standing committee of said branch under the rules. All reports of committees not founded
348348 upon petition shall bear the designation ‘committee bill’, ‘resolve’, ‘order’ or ‘resolution’, as the
349349 case may be, in the Orders of the Day. Committees to which messages from the Governor,
350350 reports of state officers, boards, committees, commissions and others authorized to report to the
351351 General Court, may report by bill or otherwise such legislation as may be germane to the subject
352352 matter referred to them. [Adopted June 3, 1985.]
353353 4. Favorable reports, and adverse reports on subjects of legislation other than petitions, by joint
354354 committees shall be made to the branch in which the matter was originally introduced, unless the
355355 committee decides otherwise under its own rules and, except that reports on money bills shall be
356356 made to the House and if adverse reports on matters other than petitions which are accompanied
357357 by money bills are accepted by the House, this shall constitute final rejection. Adverse reports by
358358 joint committees on petitions shall be made to the branch in which the petition was originally
359359 introduced, except that such adverse reports on petitions accompanied by proposed money bills
360360 shall be made to the House; and, if accepted by the branch in which they are made, shall be
361361 considered as a final rejection. When a report is made from any committee to either branch, and
362362 the subject-matter of the report is subsequently referred to a joint committee, such committee,
363363 except for the committee on Health Care Financing, shall report its action to the branch in which
364364 the reference originated. [See also Joint Rule 5.]
365365 A vote of a joint standing committee to give legislation a favorable or adverse report shall be
366366 conducted by a roll call upon request of 2 committee members present at the committee meeting.
367367 Such votes shall be recorded on appropriate forms that show all votes for and against the
368368 particular committee action. The records of all such roll calls shall be kept in the offices of the
369369 committee for the duration of the General Court during which said vote was recorded, and shall
370370 be available for public inspection upon reasonable notice and during regular office hours and
371371 shall be posted on the website of the General Court.
372372 All committee members shall have an opportunity to sign a form accompanying a report of the
373373 committee signifying approval of, dissent or abstention from a report of a joint standing
374374 committee before the report is final or filed. No signature shall be valid unless the report to
375375 which the signature is affixed includes the substantially complete text of the legislation being 13
376376 reported. [Amended Jan. 3, 1952; April 8, 1959; June 7, 1965; Jan. 7, 1971; March 11, 1974; June 3, 1985; Feb. 20, 2007;
377377 Feb. 15, 2017.]
378378 4A. In compliance with section 38A of chapter 3 of the General Laws, all joint committees of the
379379 General Court when reporting on bills referred to them shall include a fiscal note prepared under
380380 section 3A of chapter 29 of the General Laws, showing the estimated cost or the fiscal effect of
381381 the proposed legislation, if, in the opinion of said committee, such cost exceeds $100,000. Such
382382 fiscal note shall be filed electronically in the office of the clerk to which the report is being
383383 made, and shall be promptly made available on the official website of the General Court. [Adopted
384384 Jan. 15, 1973.]
385385 5. Matters reported adversely by joint committees and the committees on Rules of the two
386386 branches, acting concurrently, may be recommitted to the same committees at the pleasure of the
387387 branch acting on the report, and bills or resolves may be recommitted in either branch. If a bill or
388388 resolve is laid aside in either branch for the reason that it is declared to be broader in its scope
389389 than the subject-matter upon which it is based, the subject-matter shall be recommitted to the
390390 committee. A concurrent vote shall, however, be necessary for re-committal, with instructions.
391391 After recommitment, report shall, in all cases, be made to the branch originating the
392392 recommitment. [Amended Feb. 2, 1891; April 11, 1935; Jan. 6, 1947; May 7, 19 53; March 26, 1963; Jan. 30, 1967; Jan. 7,
393393 1971; March 11, 1974.]
394394 6. Bills and resolves reported by joint committees shall be presented with spaces between the
395395 several sections and shall be made available to all members electronically and to the public via
396396 the Internet. [Amended Jan. 28, 1889; Jan. 9, 1941; Feb. 8, 1949; Feb. 12, 2009.]
397397 Joint Petitions.
398398 6A. A member of the Senate and a member of the House of Representatives may file a joint
399399 petition in either branch and shall endorse their name on the petition and a brief statement of the
400400 nature and object of the instrument and the reading of the instrument shall be dispensed with,
401401 unless specially ordered. The petition shall be filed in the office of the clerk of either the Senate
402402 or House of Representatives, depending on whether it is a ‘Joint Senate/House Petition’ or a
403403 ‘Joint House/Senate Petition’ but the Journal records in the Senate and House of Representatives
404404 shall carry both members’ names as presenters of the petition. [Adopted Jan. 15, 1973.]
405405 7. Whenever, upon any application for an act of incorporation or other legislation, the purpose
406406 for which such legislation is sought can be secured without detriment to the public interests by a 14
407407 general law or under existing laws, the committee to which the matter is referred shall report
408408 such general law, or ‘ought not to pass’. [Amended Feb. 2, 1891; Feb. 7, 18 93; Jan. 7, 1971.]
409409 7A. A petition for legislation to authorize a county to reinstate in its service a person formerly
410410 employed by it, or to retire or pension or grant an annuity to any person, or to increase any
411411 retirement allowance, pension or annuity, or to pay any sum of money in the nature of a pension
412412 or retirement allowance, or to pay any salary which would have accrued to a deceased official or
413413 employee but for their death, or to pay any claim for damages or otherwise, or to alter the
414414 benefits or change the restrictions of any county retirement or pension law, shall, subsequently to
415415 the procedure required by Senate Rule No. 20 and by House Rule No. 24, be reported adversely,
416416 unless, when filed it be the petition of, or be approved by, a majority of the county
417417 commissioners. [Adopted April 29, 1915. Amended Jan. 13, Feb. 19 and Dec. 22, 1920; May 24, 1926; April 11, 1935;
418418 April 22, 1937; Jan. 12, 1939; Jan. 15, 1945; Feb. 20, 1951; Jan. 30, 1967; Jan. 7, 1971; Jan. 15, 1973; Mar. 7, 2019.]
419419 7B. A petition, the operation of which is restricted to a particular city or town (and which does
420420 not affect the powers, duties, etc., of state departments, boards, commissions, etc., or which does
421421 not affect generally the laws of the Commonwealth) and which is not filed in conformity with
422422 Section 8 of Article LXXXIX of the Amendments to the Constitution shall, subsequent to the
423423 procedure required by Senate Rule 20 and House Rule 24, be reported adversely, unless it be on
424424 petition filed or approved by the voters of a city or town, or the mayor and city council, or other
425425 legislative body, of a city, or the town meeting of a town. A joint committee to which is
426426 inadvertently referred a petition or other subject of legislation the operation of which is restricted
427427 to a particular city or town and which is not in conformity with Section 8 of Article LXXXIX of
428428 the Amendments to the Constitution shall report a general law which applies alike to all cities, or
429429 to all towns, or to all cities and towns, or to a class of not fewer than 2; or shall report ‘ought not
430430 to pass’, with the further endorsement that it ‘would be unconstitutional to enact such special
431431 law’.
432432 Any petition that subsequently conforms to Section 8 of Article LXXXIX of the Amendments to
433433 the Constitution after filing, which have followed the procedures set forth in Senate Rule 20 or
434434 House Rule 24, shall be forthwith reported from the committee on Rules and be referred by the
435435 Clerk to an appropriate committee. [Adopted Jan. 13, 1920. Amended Feb. 19 and Dec. 22, 1920; May 24, 1926;
436436 April 11, 1935; April 22, 1937; Jan. 12, 1939; Jan. 9, 1941; Jan. 15, 1945; Feb. 20, 1951; Jan. 30, 1967; Jan. 7 and Mar. 22, 1971
437437 ; Jan. 15, 1973; March 14, 2013.] 15
438438 7C. The approval vote required to file a petition, the operation of which is restricted to a
439439 particular city or town under Section 8 of Article LXXXIX of the Amendments to the
440440 Constitution of the Commonwealth, shall not expire prior to the final day of the next immediate
441441 biennial session following the certification of the approval vote by the city or town and in such
442442 circumstances no additional vote shall be required to file a petition unless a vote to rescind such
443443 approval is passed by the voters of a city or town, or the mayor and city council or other
444444 legislative body of a city, or the select board and the town meeting or other legislative body of
445445 the town. [Adopted, Mar. 14, 2013; Amended Feb. 15, 2017.]
446446 7D. The approval of a substantive amendment to a petition restricted to a single city or town and
447447 requiring a vote of the city of town before enactment of the petition shall be provided to the
448448 General Court before the enactment of the petition and shall be reviewed by House Counsel and
449449 Senate Counsel prior to the enactment of the petition in either branch. [Adopted , Feb. 15, 2017.]
450450 Notice to Parties Interested.
451451 8. No legislation affecting the rights of individuals or the rights of a private or municipal
452452 corporation, otherwise than as it affects generally the people of the Commonwealth or the people
453453 of the city or town to which it specifically applies, shall be proposed or introduced except by a
454454 petition, nor shall any bill or resolve embodying such legislation be reported by a committee
455455 except upon a petition duly referred, nor shall such a bill or resolve be reported by a committee,
456456 whether on an original reference or on a re-committal with instructions to hear the parties, until it
457457 is made to appear to the satisfaction of the committee that proper notice of the proposed
458458 legislation has been given by public advertisement or otherwise to all parties interested, without
459459 expense to the Commonwealth, or until evidence satisfactory to the committee is produced that
460460 all parties interested have in writing waived notice. A committee reporting adversely due to lack
461461 proper notice or of a waiver of proper notice shall so state in its report and no bill or resolve shall
462462 be in order as a substitute for, or amendment of, such report. Objection to the violation of this
463463 rule may be taken at any stage prior to that of the third reading. [Adopted Feb. 7, 1890. Amended Dec. 22,
464464 1920 ; Jan. 12, 1939 ; Jan. 15, 1945; Jan. 7, 1971.]
465465 9. A petition for the incorporation of a city or town, for the annexation of 1 municipality to
466466 another, for the consolidation of 2 or more municipalities or for the division of an existing
467467 municipality, or for the incorporation or revival of a railroad, street railway, elevated railroad,
468468 canal, telephone, telegraph, water, gas, electric light, power or other public service corporation,
469469 for the amendment, alteration or extension of the charter or corporate powers or privileges, or for 16
470470 the change of name, of any such company, whether specially incorporated or organized under the
471471 General Laws, or for authority to take water for a water supply, or relative to building structures
472472 in or over navigable or tide waters, shall be placed on file, and not referred to a committee ,
473473 unless the petitioner has given the notice and followed the procedure required by section 5 of
474474 chapter 3 of the General Laws. But if, no objection being raised, any such petition is referred to a
475475 committee without such required notice or procedure, the committee shall forthwith report
476476 adversely, setting forth as the reason for such report failure to comply with the law, unless
477477 evidence satisfactory to the committee is produced that all parties interested have in writing
478478 waived notice. In case a bill or resolve is reported upon such a petition, after proof of such
479479 waiver of notice, this fact shall be set forth in the report of the committee. When an adverse
480480 report is made by a committee, on account of failure to give the required notice, no bill or resolve
481481 shall be substituted for such report, nor shall such report be recommitted or referred to another
482482 committee.
483483 A petition for the establishment or revival, or for the amendment, alteration or extension of the
484484 charter or corporate powers or privileges, or for the change of name, of any corporation, except a
485485 petition subject to the preceding paragraph, shall be transmitted by the Clerk of the branch in
486486 which it is filed to the office of the State Secretary. If such a petition is returned by said
487487 Secretary with a statement that the petitioner has failed to comply with the requirements of
488488 section 7 of chapter 3 of the General Laws, said petition shall be placed on file, and shall not be
489489 referred to a committee.
490490 Any petition placed on file for want of proper notice or procedure under this rule shall not affect
491491 action upon any other measure involving the same subject matter. [Adopted Feb. 7, 1890. Amended Feb. 2,
492492 1891; Feb. 3, 1898; Jan. 16, 1903; Feb. 19 and Dec. 22, 1920; May 24, 1926; Feb. 27, 1929; April 11, 1935; Jan. 6, 1938; Jan. 12,
493493 1939; Jan. 9, 1941; Jan. 15, 1945; April 8, 1959; Jan. 7, 1963; Jan. 7, 1971 ; Jan. 15, 1973 , June 12, 1995; Feb. 12, 2009; Mar. 7,
494494 2019.]
495495 Limit of Time allowed for Reports of Committees.
496496 10. All joint committees and the committees on Rules of the two branches, acting concurrently,
497497 shall make final report not later than the first Wednesday in February of the second annual
498498 session of the General Court on all matters referred to them before the first day of the second
499499 annual session and within 30 days on all matters referred to them on and after the first day of the
500500 second annual session of the General Court except that the committee on Health Care Financing
501501 shall make final report not later than the last Wednesday of March of the second annual session 17
502502 on all matters referred to them on or before the fourth Wednesday of February and within 30
503503 days on all matters referred to it after the fourth Wednesday in February of the second annual
504504 session of the General Court. When the time within which said committees are required to report
505505 has expired, all matters upon which no report has then been made shall forthwith be reported by
506506 the chair of the committee on the part of the branch in which they were respectively introduced,
507507 with an adverse recommendation under this rule. If the chair fails to make such report by the end
508508 of the legislative day next following the expiration date, all matters remaining unreported shall
509509 be placed in the Orders of the Day by the Clerk of the branch in which the matter was originally
510510 filed with an adverse report under this rule. Matters which have been referred under Joint Rule
511511 29, upon which the chairs of the committees on Rules fail to make a report, shall be placed by
512512 the respective Clerks in the Orders of the Day of the branch in which the subject matter was
513513 referred to said committees. Committees to whom are referred subjects of legislation may
514514 combine petitions of similar subject matter, or other forms of legislation of similar subject
515515 matter, into 1 adverse report, and the report on the petition shall be that said petitions or other
516516 forms of legislation ‘ought NOT to pass,’ and if the report is accepted, all the matters contained
517517 in the report shall be disposed of. However, petitions upon which an adverse report is accepted in
518518 only 1 branch may not be combined with other subjects of legislation upon which adverse reports
519519 must be accepted, in concurrence. This rule shall not apply to petitions referred to the
520520 committees on Rules of the two branches, acting concurrently, under the second paragraph of
521521 Joint Rule 12. This rule shall not be rescinded, amended or suspended, except by a concurrent
522522 vote of four-fifths of the members of each branch present and voting thereon. Notwithstanding
523523 Joint Rule 30, this rule shall not be rescinded, amended or suspended more than 3 times except
524524 by unanimous consent. [Amended Feb. 2, 1891; Jan. 25, 1894; Jan. 16, 1903; Jan. 20, 1904; Dec. 22, 1920; April 17,
525525 1925; Jan. 12, 1939; Jan. 15, 1945; Jan. 6, 1947; May 7, 1953; Jan. 27, 1955; Jan. 30, 1967; Jan. 7, 1971; Feb. 4, 1974, June 12,
526526 1995; July 17, 2003; Feb. 20, 2007; Feb. 12, 2009; Feb. 15, 2017; Mar. 7, 2019.]
527527 10A. The form for all subjects of legislation receiving a favorable report shall be ‘ought to pass.’
528528 The form for all subjects of legislation receiving an adverse report shall be ‘ought NOT to pass.’
529529 A committee to whom is referred any other matter may report recommending that the same be
530530 placed on file. [Adopted Jan. 7, 1971.]
531531 Committees of Conference.
532532 11. Committees of conference shall consist of 3 members on the part of each branch, one
533533 member of each branch being a member of the minority party representing its vote; and their 18
534534 report, if agreed to by a majority of each committee, shall be made to the branch asking for the
535535 conference, and may be either accepted or rejected, but no other action shall be had, except
536536 through a new committee of conference.
537537 Committees of conference to whom are referred matters of difference in respect to bills or
538538 resolves, shall, after filing their reports, but before consideration by either branch, have the same
539539 approved or discharged by each committee on Bills in the Third Reading. [Amended April 22, 1937;
540540 Feb. 12, 2009; Feb. 3, 2011; Feb. 15, 2017; Mar. 7, 2019.]
541541 11A. Committees of conference to whom are referred matters of difference in respect to
542542 appropriation bills, including capital outlay programs, shall, after filing their reports but before
543543 consideration by either branch have the same approved or discharged by each committee on Bills
544544 in the Third Reading.
545545 Upon the appointment of a committee of conference to whom matters of difference in respect to
546546 any appropriation bill or in respect to any bill providing for capital outlay programs and projects
547547 are referred, the clerk of the branch requesting said committee of conference shall make
548548 available to members of the General Court a list of the matters in disagreement identified by item
549549 number and item purpose and showing the amount made available by each branch of the General
550550 Court, and any other matters in disagreement and the position of each of the said branches.
551551 The report of said committee of conference shall consist of the matters of difference so referred
552552 and so identified, showing the amounts appropriated by each of the said branches and other
553553 matters in disagreement and the position of each branch with respect to those matters, and shall
554554 state said committee's recommendations with respect to the matters so referred. Matters on which
555555 there exists no disagreement between the branches shall not be disturbed by the committee on
556556 conference.
557557 The committees on ways and means of each branch of the General Court shall assist such
558558 committee of conference in any and all matters necessary to the preparation and completion of its
559559 report. [Adopted July 30, 1974; Amended Oct. 3, 1983; Feb. 3, 2011.]
560560 11B. No report from a committee of conference shall be considered or acted upon by either
561561 branch until the calendar day following the day on which said report shall have been available to
562562 the public and to the members of the General Court. The committee shall file its report no later
563563 than 8 p.m. on the day preceding its consideration and the General Court shall not consider said
564564 report before 1 p.m. on the following day, except that a report from such committee of 19
565565 conference that it is unable to agree may be considered and acted upon at the time that such
566566 report is filed. [Adopted Oct. 3, 1983. Amended July 17, 2003; July 21 and September 20, 2005; Feb. 3, 2011.]
567567 11C. Reports, other than those filed under Rule 11A, from a committee of conference shall,
568568 whenever practicable, be accompanied by a summary which shall be filed with the clerk. [Adopted
569569 Feb. 12, 2009; Feb. 3, 2011.]
570570 11D. Upon the filing of a report by a committee of conference, pursuant to Joint Rule 11B, the
571571 clerk of the branch in which the committee of conference filed its report shall make the report
572572 and the summary of the report available to all members electronically and to the public on the
573573 official website of the General Court by 9 p.m. on the day preceding its consideration. [Adopted Feb.
574574 12, 2009; Feb. 3, 2011.]
575575 11E. Subsequent to the filing of a report of a committee of conference, an addendum may be
576576 submitted to the clerk of the branch in which the report had been filed. The addendum shall
577577 indicate that it contains only matters inadvertently omitted from or included in the report, and
578578 shall be signed by all of members of the House and Senate who had signed the conference
579579 committee report. The addendum shall be approved by both the Counsel to the House and the
580580 Counsel to the Senate. The addendum, having been approved by both the Counsel to the House
581581 and the Counsel to the Senate, shall be posted to the official website of the General Court
582582 immediately upon receipt by the clerk of the branch to which it was submitted. [Adopted Mar. 14,
583583 2013.]
584584 Limit of Time allowed for New Business.
585585 12. Resolutions intended for adoption by both branches of the General Court, petitions, and all
586586 other subjects of legislation, shall be deposited with the Clerk of either branch prior to 5 p.m. on
587587 the third Friday in January of the first annual session of the General Court.
588588 All such matters except messages from the Governor, reports required or authorized to be made
589589 to the General Court and petitions filed or approved by the voters of a city or town, or the mayor
590590 and city council, or other legislative body of a city, or the town meeting of a town, for the
591591 enactment of a special law under Section 8 of Article LXXXIX of the Amendments to the
592592 Constitution and which do not affect the powers, duties, etc., of state departments, boards,
593593 commissions, etc., or which do not affect generally the laws of the Commonwealth deposited
594594 with the respective clerks subsequent to 5 p.m. on the third Friday of January of the first annual
595595 session of the General Court shall be referred by the Clerks to the committees on the Rules of the
596596 two branches, acting concurrently. No such matter shall be admitted for consideration except on 20
597597 report of the committees on Rules of the two branches, acting concurrently, and then upon
598598 approval of two-thirds of the members of each branch voting thereon. Matters upon which
599599 suspension of Joint Rule 12 has been negatived shall be placed on file.
600600 At any special session called under Rule 26A, however, matters relating to the facts constituting
601601 the necessity for convening such session shall, if otherwise admissible, be admitted as though
602602 filed seasonably under the first sentence of this rule. Any recommendations from the Governor
603603 shall be similarly considered. This rule shall not be rescinded, amended or suspended, except by
604604 a concurrent vote of two-thirds of the members of each branch present and voting thereon.
605605 [Amended Feb. 7, 18 90; Feb. 2, 18 91; Feb. 7, 18 93; Jan. 10, 18 98; Jan. 9, 18 99; Feb. 15, 19 01; May 4, 19 04; Jan. 31, 19 10;
606606 Feb. 2, 19 17; Dec. 22, 19 20; March 30, 19 21; Jan. 30, 19 23; Feb. 15, 19 33; Jan. 12 and Aug. 7, 19 39; Jan. 15, 19 45; Jan. 6,
607607 19 47; May 27, 19 48; Jan. 30, 19 67; March 26, 19 69; Jan. 7, 1971 ; Jan. 15 and Oct. 2, 1973 ; Oct 3, 1983 , June 12, 1995 ; Jan.
608608 26, 2005; July 17, 2003; Jan. 26, 2005; July 21, 2005; Sept. 20, 2005; Feb. 12, 2009.]
609609 12A. All formal business of the first annual session of the General Court shall be concluded not
610610 later than the third Wednesday in November of that calendar year and all formal business of the
611611 second annual session shall be concluded not later than the last day of July of that calendar year.
612612 In order to assist the Senate and House in its analysis and appraisal of laws enacted by the
613613 General Court, each joint standing committee, upon conclusion of the formal business of the
614614 annual sessions, shall, as authorized by Joint Rule 1, initiate oversight hearings to evaluate the
615615 effectiveness, application and administration of the subject matter of laws within the jurisdiction
616616 of that committee. [Adopted June 12, 1995.]
617617 Unfinished Business of the Session.
618618 12B. Any matter pending before the General Court at the end of the first annual session and any
619619 special session held in the same year shall carry over into the second annual session of the same
620620 General Court in the same legislative status as it was at the conclusion of the first annual session
621621 or any special session held during that year; provided, however, that any measure making or
622622 supplementing an appropriation for a fiscal year submitted to or returned to the General Court by
623623 the Governor, under Article LXIII of the Amendments to the Constitution, in the first annual
624624 session or in a special session held during that year shall cease to exist upon the termination of
625625 the first annual session. [Adopted June 12, 1995.]
626626 Papers to be deposited with the Clerks.
627627 13. Information intended for presentation to the General Court by any Representative or Senator
628628 shall be deposited with the Clerk of the branch to which the member belongs; and all such 21
629629 information, unless they be subject to other rules or of the rules of the Senate or House, shall be
630630 referred by the Clerk, with the approval of the President or Speaker, to appropriate committees,
631631 subject to such changes as the Senate or House may make. The reading of information so
632632 referred may be dispensed with, but they shall, except as provided in these rules, be entered in
633633 the Journal of the same on the next legislative day after such reference.
634634 A member may include a brief statement of intent with all papers intended for presentation to the
635635 General Court. Upon a favorable report by a joint standing committee, a committee may include
636636 a brief written statement of intent. Said statement shall be dated and shall include the scope of
637637 the matter presented for consideration; provided, however, this rule shall not be construed to
638638 require the presentation of such statement of intent under this rule. [Adopted Feb. 7, 1890. Amended Feb.
639639 2, 1891; Feb. 7, 1893; Jan. 25, 1894; Dec. 22, 1920; May 25, 1923; Feb. 15, 1933; Jan. 12, 1971; June 3, 1985; Feb. 12, 2009.]
640640 Dockets of Legislative Counsel and Agents.
641641 14. The committees on Rules of the two branches, acting concurrently, may prescribe the manner
642642 and form of keeping the dockets of legislative agents which are required by law. [Adopted Feb. 2,
643643 1891; Amended Feb. 19, 1920.]
644644 Duties of the Clerk.
645645 15. If any part of the report of a committee over the signature of the chair or members of the
646646 committee is amended in either branch, the Clerk of that branch shall endorse upon the report
647647 such amendment. [Amended Mar. 7, 2019.]
648648 16. All papers, while on their passage between the 2 branches, may be under the signature of the
649649 respective Clerks, except as to the adopting of emergency preambles and the final passage of
650650 bills and resolves. Messages may be sent by such persons as each branch may direct. [Amended Feb.
651651 21, 1919.]
652652 17. After bills and resolves have passed both branches to be engrossed, they shall be in the
653653 charge of the Clerks of the 2 branches, who shall prepare the same for final passage in the
654654 manner prescribed by law; and when so prepared the same shall be delivered to the Clerk of the
655655 House of Representatives; and when the bills have been passed to be enacted or the resolves have
656656 been passed in the House, they shall, in like manner, be delivered to the Senate Clerk and
657657 Parliamentarian. If a bill or resolve contains an emergency preamble, it shall be delivered in like
658658 manner, to the Senate after the preamble has been adopted by the House of Representatives and
659659 before the bill or resolve is put upon its final passage in that branch. If the Senate concurs in 22
660660 adopting the preamble, the bill or resolve shall be returned to the House to be there first put upon
661661 its final passage, under Joint Rule No. 22. [Amended Feb. 24, 1914; Feb. 21, 1919; Jan. 7, 1971.]
662662 18. [Omitted in 1971.]
663663 19. The Clerk of the branch in which a bill or resolve originated shall make an endorsement on
664664 the envelope of the engrossed copy of the bill, certifying in which branch the bill originated,
665665 which endorsement shall be entered on the journals by the Clerks respectively. [Amended Jan. 28,
666666 1889; Feb. 24, 1914.]
667667 20. Bills, resolves and other papers requiring the approval of the Governor shall be laid before
668668 the Governor for the Governor’s approbation by the Senate Clerk and Parliamentarian, who shall
669669 enter upon the journal of the Senate the day and date on which the same were so laid before the
670670 Governor. [Amended Jan. 28, 1889; Jan. 7, 1971.]
671671 Presentation and Distribution of Documents.
672672 21. The committees on Rules of the two branches, acting concurrently, may establish regulations
673673 for the distribution of bills, reports or other documents. Bills, reports or other documents shall be
674674 made available to members electronically and, except for petitions or other documents not
675675 assigned bill numbers, published on the Internet. The committees on Rules of the two branches,
676676 acting concurrently, may make such changes pertaining to the availability of bills, reports or
677677 other documents as they deem necessary for expediting the work of the legislature.
678678 The Clerks of the House of Representatives and the Senate shall be responsible for publishing
679679 the journals of their respective chamber, the book Public Officers of Massachusetts, the
680680 committee book and any other publications per order of the committees on Rules. [Amended Jan. 8,
681681 1886 ; Jan. 28, 1889 ; Jan. 27, 1911 ; Feb. 19, 1920 ; Jan. 6, 1947 ; Apr. 5, 19 67 ; Jan. 7, 1971; Feb. 12, 2009; Mar. 14, 2013.]
682682 Emergency Measures.
683683 22. The vote on the preamble of an emergency law, which under the requirements of Article
684684 XLVIII, as amended by Article LXVII of the Amendments of the Constitution shall, upon
685685 request of 2 members of the Senate or of 5 members of the House of Representatives, be taken
686686 by call of the yeas and nays, shall be had after the proposed law has been prepared for final
687687 passage; and neither branch shall vote on the enactment of a bill or on the passage of a resolve
688688 containing an emergency preamble until it has been determined whether the preamble shall
689689 remain or be eliminated. If the bill contains an emergency preamble, a motion to amend the bill
690690 may be received in either branch before the adoption of the emergency preamble, and the 23
691691 amendment may contain a new emergency preamble. If the 2 branches concur in adopting the
692692 preamble, the bill or resolve shall first be put upon its final passage in the House of
693693 Representatives. If either branch fails to adopt the preamble, notice of its action shall be sent to
694694 the other branch; and the bill or resolve, duly endorsed, shall again be prepared for final passage
695695 without the preamble and without any provision that the bill or the resolve shall take effect
696696 earlier than 90 days after it has become law. Procedure shall be otherwise under the joint rules
697697 and the rules of the Senate and the House of Representatives. [Adopted Feb. 21, 1919. Amended Jan. 30,
698698 1923; Jan. 7, 1971; Feb. 20, 2007; Feb. 12, 2009.]
699699 22A. Bills and resolves passed to be engrossed by both branches and before being transmitted by
700700 the clerks to the Legislative Engrossing Division shall be made available to the committees on
701701 Bills in the Third Reading of the two branches, acting jointly, who shall examine them to ensure
702702 accuracy in the text; that the legislation is correct as to form; that references to previous
703703 amendments to any particular law are correct and to ensure proper consistency with the language
704704 of existing statutes. These committees, with the approval of the majority and minority leadership
705705 of both branches may make corrections which are not substantive in nature. The clerks of both
706706 branches shall be immediately notified, in writing, of any such changes. Errors discovered by the
707707 committees of a substantive nature shall be reported to the General Court, which in turn shall
708708 take appropriate action under its rules. Upon completion of examination and possible correction
709709 of any such bills and resolves, the bills and resolves shall be returned to the clerks, who in turn,
710710 shall transmit them to the Legislative Engrossing Division to be prepared for final passage.
711711 [Adopted Sept. 16, 1971.]
712712 Legislative Amendments to the Constitution.
713713 23. All proposals for amendments to the Constitution referred to a joint committee on the first
714714 annual session of the General Court shall be reported by said committee not later than the last
715715 Wednesday of April in said year, and proposals for amendments to the Constitution referred to a
716716 joint committee subsequent to the last Wednesday in April of the first annual session shall be
717717 reported by said committee not later than the last Wednesday of April in the second session of
718718 the same General Court. The committee shall file its report, either recommending that the
719719 proposal ought to pass or ought not to pass, with any official papers in its possession that relate
720720 thereto, with the Clerk of the Senate. When the time within which said committees are required
721721 to report has expired, all matters upon which no report has been made shall forthwith be placed
722722 in the Journal of the respective branches, with an adverse report under this rule; and shall then be 24
723723 placed on file in the office of the Clerk of the Senate. For further information of the members of
724724 the Senate and House of Representatives, the respective Clerks shall also place all such matters
725725 under a separate heading in the Calendar of each branch, as soon as is practicable. In each branch
726726 the report shall be read and forthwith placed on file; and no further legislative action shall be
727727 taken on the measure unless consideration in joint session is called for by vote of either branch,
728728 under Section 2 of Part IV of Article XLVIII (as amended by Article LXXXI) of the
729729 Amendments to the Constitution. A joint committee to which is referred any recommendation for
730730 an amendment to the Constitution made by the Governor or contained in a report authorized to
731731 be made to the General Court may report on the recommendation a proposal for a legislative
732732 amendment, which shall be deemed to have been introduced by the member of the Senate who
733733 reports for the committee; and the procedure as regards reporting, filing and subsequent action
734734 shall be that provided for legislative amendments by this rule. Or the joint committee may report
735735 ought not to pass for the reason that no legislation is necessary or that the recommendation ought
736736 not to pass; and in such cases the usual procedure as regards similar reports by joint committees
737737 shall be followed. If such an adverse report is amended in the Senate by substituting a proposal
738738 for a legislative amendment, notice of the Senate's action shall be sent to the House and said
739739 proposal, together with the official papers relating to the subject, shall be in the custody of the
740740 Clerk of the Senate; and if said report is so amended in the House, the proposal, duly endorsed,
741741 together with the other papers, shall be sent to the Senate for its information and shall be kept in
742742 the custody of its Clerk. No further legislative action shall be taken in either branch on a proposal
743743 so substituted unless consideration in joint session is called for under the Constitution. If either
744744 branch calls for the consideration of any proposal in joint session, notice of its action shall be
745745 sent to the other branch; and it shall then be the duty of the Senate and the House of
746746 Representatives to arrange for the holding of the joint session not later than the second
747747 Wednesday in May. Subject to the requirements of the Constitution, joint sessions or
748748 continuances of joint sessions of the 2 branches to consider proposals for specific amendments to
749749 the Constitution, and all rules or procedures, shall be determined only by concurrent votes of the
750750 2 branches. The rules relative to joint conventions shall apply to the joint sessions of the 2
751751 houses. [Adopted Feb. 21, 1919. Amended March 30, 1921; April 11, 1935; Jan. 12, 1939; Jan. 15, 1945; Nov. 9, 1951; Jan.
752752 15, 1973; July 1, 1974; Feb. 12, 2009.] 25
753753 Executive Reorganization Plans.
754754 23A. Any reorganization plan, accompanied by a bill, submitted by the Governor under Article
755755 LXXXVII of the Amendments to the Constitution shall be referred by the Clerks of the Senate
756756 and the House, with the approval of the President and Speaker, to a joint standing committee
757757 within 5 days of the presentation of the reorganization plan.
758758 Said committee, to which is referred any such reorganization plan, shall, as required by said
759759 Article, not later than 30 days after the presentation of such plan by the Governor, hold a public
760760 hearing on the reorganization plan; and shall not later than 10 days after such hearing report that
761761 it either approves or disapproves such plan.
762762 When recommending action, the committee shall make, in each branch, a separate report of its
763763 recommendations, and shall file said report together with the committee's recommendations and
764764 the reasons for those recommendations, in writing. Majority and minority reports shall be signed
765765 by the members of said committee. Any official papers in the possession of said committee that
766766 relate thereto shall be filed with the Clerk of the Senate.
767767 If the committee recommends favorable action, the report shall be that the reorganization plan
768768 ‘ought to be approved’. If the committee recommends adverse action, the report shall be that the
769769 reorganization plan ‘ought NOT to be approved’. In each instance, the question shall be ‘Shall
770770 this reorganization plan be approved?’
771771 In each branch, the report shall be read and forthwith recorded in the Journal. On the legislative
772772 day next following the Journal record, the report shall be placed in the Orders of the Day of the
773773 Senate and the House.
774774 When the time within which a joint committee is required to report on a reorganization plan has
775775 expired, a matter upon which no report has been made shall forthwith be placed in the Orders of
776776 the Day by the Clerks of each branch and the question shall be ‘Shall this reorganization plan be
777777 approved?’.
778778 When such plan is before either branch, no motion relating to said plan shall be allowed except
779779 the motions to lay on the table (only in the Senate), to postpone to a time certain, or to commit or
780780 recommit (at the pleasure of either branch). The motions to take a recess, to adjourn, the previous
781781 question (if provided in the branch debating the issue), to close debate at a specified time, and
782782 the motion to reconsider shall also be in order. 26
783783 A motion to discharge any committee to which is referred or to which is recommitted a
784784 reorganization plan shall not be in order prior to the expiration of 40 days after the Governor's
785785 presentation of such plan. After the expiration of said 40 days, a motion to discharge a committee
786786 shall be decided by a majority vote of the branch in which the motion is made.
787787 Unless disapproved by a majority vote of the members of either of the 2 branches of the General
788788 Court present and voting, the General Court not having prorogued within 60 days from the date
789789 of presentation by the Governor, the plan shall be approved and shall take effect as provided by
790790 Article LXXXVII of the Amendments to the Constitution.
791791 Within 7 days of the expiration of the 60 days from the date of presentation of said plan by the
792792 Governor, unless the question has already been decided, the Clerks of the Senate and House of
793793 Representatives shall place the plan in the Orders of the Day; and no motions except the motions
794794 to take a recess, to adjourn, and previous question, or to close debate at a specified time, shall be
795795 in order.
796796 No such reorganization plan presented to the General Court shall be subject to change or
797797 amendment before expiration of such 60 days. [Adopted June 13, 1967; Amended March 27, 1969; June 12,
798798 1995; Feb. 12, 2009.]
799799 Joint Conventions.
800800 24. The President of the Senate shall preside in Conventions of the 2 branches, and such
801801 Conventions shall be held in the Representatives' Chamber; the Senate Clerk and Parliamentarian
802802 shall be the Clerk of the Convention, and a record of the proceedings of the Convention shall be
803803 entered at large on the journals of both branches. [Amended Feb. 20, 2007.]
804804 25. When an agreement has been made by the 2 branches to go into Convention, such agreement
805805 shall not be altered or annulled, except by concurrent vote, excepting that it shall be in order to
806806 recess the convention from time to time upon a majority vote of said convention. [Amended Jan. 7,
807807 1971.]
808808 26. No business shall be entered on, in Convention, other than that which may be agreed on
809809 before the Convention is formed.
810810 Special Sessions.
811811 26A. If written statements of 21 members of the Senate and 81 members of the House of
812812 Representatives, that in their opinion it is necessary that the General Court assemble in special 27
813813 session on a particular date and time specified in their statements during a recess of the General
814814 Court, are filed with their respective Clerks, such Clerks shall forthwith notify all the members
815815 of their respective branches to assemble at the State House in Boston, on said date at the time so
816816 specified. When so assembled, the first business to be taken up shall be the question of the
817817 necessity of so assembling, under Article I of Section I of Chapter I of Part the Second of the
818818 Constitution of the Commonwealth. If 21 members of the Senate and 81 members of the House
819819 of Representatives judge by vote taken by call of the yeas and nays that such assembling of the
820820 General Court is necessary, specifying in such vote the facts constituting such necessity, the
821821 General Court shall then complete its organization as a special session, proceed to the
822822 consideration of the suspension of Joint Rule 12A which if suspended by the required two-thirds
823823 of the members of both branches shall permit the General Court to proceed to the consideration
824824 of matters properly before it. Nothing in this rule shall prevent the General Court from
825825 assembling in any other constitutional manner when it judges necessary. [Adopted Aug. 7, 1939.
826826 Amended March 2, 1943; March 27, 19 69; May 5, 1979; July 17, 2003; July 21 and September 20, 2005.]
827827 Joint Elections.
828828 27. In all elections by joint ballot a time shall be assigned for such election at least 1 day
829829 previous to such election.
830830 27A. In all cases of elections by ballot a majority of the votes cast shall be necessary for a
831831 choice, and where there shall be no such a majority on the first ballot the ballots shall be repeated
832832 until a majority is obtained; and in balloting, blanks shall be rejected and not taken into the count
833833 in the enumeration of votes, excepting that when the number of blanks shall be more than the
834834 number of votes received by the candidate having the highest number of votes, then the election
835835 shall be declared void and the balloting shall be repeated as provided herein. [Adopted March 27,
836836 1969.]
837837 28. [Omitted March 28, 1972 .]
838838 References to the Committees on Rules.
839839 29. All motions and orders authorizing joint committees to travel or to employ stenographers, or
840840 authorizing joint committees or special commissions composed as a whole or in part of members
841841 of the General Court to make investigations or to file special reports, all propositions reported by
842842 joint committees which authorize investigations or special reports by joint committees or by
843843 special commissions composed as a whole or in part of members of the General Court, all 28
844844 motions or orders proposed for joint adoption which provide that information be transmitted to
845845 the General Court, and all matters referred under the second paragraph of Joint Rule 12, shall be
846846 referred without debate to the committees on Rules of the two branches acting concurrently, who
847847 shall report on the matter, under Joint Rule 10. All matters which have been referred under this
848848 rule shall, in each instance, be reported back into the branch making such reference. [Adopted Jan.
849849 10, 1898. Amended Jan. 20, 1904; Jan. 28, 1913; Feb. 19 and Dec. 22, 1920; April 11, 1935; April 22, 1937; Jan. 27, 1955; Jan.
850850 30, 1967; Oct. 18, 1971.]
851851 29A. Meetings of any special commission, special legislative commission, task force or other
852852 group authorized or required by a statute, resolve, rule, or order to make or conduct an
853853 investigation or study of any issue shall be conducted openly and transparently. Meetings of any
854854 special commission, special legislative commission, task force or other group authorized or
855855 required by a statute, resolve, rule, or order to make or conduct an investigation or study of any
856856 issue and which are chaired by members of the general court shall be posted and conducted
857857 pursuant to the rules of the senate and house of representatives and shall be conducted according
858858 to the following requirements:
859859 a.)Meetings shall be open to the public;
860860 b.)Meetings shall be announced by appropriate notice at least 5 days in advance;
861861 c.)Any documents used in a meeting be provided to the public upon request in a manner to
862862 be determined by the chair;
863863 d.)Public testimony shall be accepted in a manner to be determined by the chair;
864864 e.)The chair shall maintain a summary of the subjects discussed at each meeting, a list of
865865 documents and other exhibits used at the meetings, and shall maintain a record of proceedings,
866866 including a record of all votes. For the purposes of this rule a video or audio recording made
867867 available to the public shall be considered an adequate record of the proceedings. [Adopted, Feb. 15,
868868 2017; Amended Mar. 7, 2019.]
869869 30. All motions or orders extending the time within which joint committees and the committees
870870 on Rules of the two branches, acting concurrently, are required to report shall be referred without
871871 debate to the committees on Rules of the two branches, acting concurrently, who shall report
872872 recommending what action should be taken on the motion or order. Such extension shall be
873873 granted by a concurrent majority vote if recommended by the committees on Rules of the two
874874 branches, acting concurrently; but no such extension shall be granted, against the 29
875875 recommendation of the committees, except by a four-fifths vote of the members of each branch
876876 present and voting on the extension. This rule shall not be rescinded, amended or suspended,
877877 except by a concurrent vote of four-fifths of the members of each branch present and voting
878878 thereon. [Adopted Jan. 16, 1903. Amended Feb. 6, 1912; Feb. 19, 1920; Jan. 6, 1947; Jan. 27, 1955; June 7, 1965.]
879879 Members.
880880 31. A member of either branch who directly or indirectly solicits for such member or others any
881881 position or office within the gift or control of a railroad corporation, street railway company, gas
882882 or electric light company, telegraph or telephone company, aqueduct or water company, or other
883883 public service corporation, shall be subject to suspension for such solicitation, or to such other
884884 penalty as the branch of which the person is a member may see fit to impose. [See G. L. 271, sec.
885885 40.] [Adopted May 22, 1902.]
886886 Accommodations for Reporters.
887887 32. Subject to the approval and direction of the committees on Rules of the two branches, acting
888888 concurrently, during the session, and of the President of the Senate and the Speaker of the House
889889 of Representatives after prorogation, the use of the rooms and facilities assigned to reporters in
890890 the State House shall be under the control of the organizations of legislative reporters known as
891891 the Massachusetts State House Press Association and the State House Broadcasters Association.
892892 No person shall be permitted to use such rooms or facilities who is not entitled to the privileges
893893 of the reporters' galleries of the Senate or of the House. Within 10 days after the General Court
894894 convenes the Massachusetts State House Press Association and the State House Broadcasters
895895 Association shall each transmit to the President of the Senate, the Speaker of the House of
896896 Representatives and the Sergeant-at-Arms a list of the legislative reporters with the principal
897897 publication or news service which each represents. [Adopted Jan. 27, 1911. Amended Feb. 24, 1914; Feb. 19,
898898 1920; April 17, 1925; May 23, 1979; Feb. 12, 2009.]
899899 Suspension of Rules.
900900 33. Any joint rule except Rule 10 and Rule 30 may be altered, suspended or rescinded by a
901901 concurrent vote of two-thirds of the members of each branch present and voting thereon. [Amended
902902 Feb. 7, 1893. Adopted in revised form Jan. 9, 1899. Amended Jan. 16, 1903; Jan. 26, 2005.]
903903 Audit of Accounts.
904904 34. The committees on Rules of the two branches, acting concurrently, shall provide that an
905905 outside independent audit of joint financial accounts be conducted by a certified public 30
906906 accountant no less frequently that at the end of each second fiscal year. A copy of such audit
907907 shall be filed with the Clerks of the Senate and House of Representatives, and made available for
908908 public inspection upon reasonable notice and during regular office hours. [Adopted May 30, 1985.]
909909 35. The committees on Rules of the two branches, acting concurrently, shall reexamine the Joint
910910 Rules of the House and Senate as needed, but at least every 4 years, and shall report to each
911911 branch any recommendations it may have to facilitate the work of the respective branches and
912912 the joint standing committees. [Adopted June 12, 1995.]
913913 Procurement.
914914 36. (a) The House Business Manager and Chief Financial Officer of the Senate shall complete
915915 the procurement of all goods and services from the joint legislative account. Procurements for
916916 goods or services shall be made pursuant to a statewide procurement contract established by the
917917 operational services division, to the extent practicable, as determined by the House Business
918918 Manager and the Chief Financial Officer of the Senate. If the Business Manager and the Chief
919919 Financial Officer determine that a procurement cannot be made using a statewide procurement
920920 contract established by the operational services division, they may procure the required goods or
921921 services under subsections (b), (c) or (d).
922922 (b) Procurement of a supply or service from a vendor not on a statewide procurement contract
923923 valued at less than $10,000 shall be made at the discretion of the House Business Manager and
924924 the Chief Financial Officer of the Senate.
925925 (c) If the House Business Manager and the Chief Financial Officer of the Senate seek to procure
926926 a supply or service from a vendor not on a statewide procurement contract valued at $10,000 or
927927 more, but less than $100,000, they shall seek quotations from not fewer than 3 persons providing
928928 such supply or service. The House Business Manager and the Chief Financial Officer of the
929929 Senate shall record the names and addresses of all persons from whom quotations were received,
930930 the names of the persons submitting quotations and the date and amount of each quotation. The
931931 House Business Manager and the Chief Financial Officer of the Senate shall award the contract
932932 to the responsible person whose quotation offers the needed quality of supply or service and
933933 which represents the best value for the General Court.
934934 (d) If the House Business Manager and the Chief Financial Officer of the Senate seek to procure
935935 a supply or service from a vendor not on a statewide procurement contract valued at $100,000 or
936936 more, the House Business Manager and the Chief Financial Officer of the Senate shall seek 31
937937 proposals through a competitive bid process, which shall be established by the House Business
938938 Manager and the Chief Financial Officer of the Senate. The House Business Manager and the
939939 Chief Financial Officer of the Senate shall include diversity and inclusion plan requirements in
940940 all requests for proposals.
941941 (e) The House Business Manager and the Chief Financial Officer of the Senate shall maintain a
942942 file on each procurement not executed using a statewide procurement contract established by the
943943 operational services division and in excess of $10,000 and shall include in such file all
944944 documents constituting the agreement for goods and services and all documents required by
945945 subsection (c) or (d). The files maintained shall be available for inspection by members of the
946946 General Court during regular business hours unless the information is otherwise protected by
947947 state or federal law.
948948 (f) Whenever the time required to comply with a requirement of this rule would endanger the
949949 health, safety or convenience of the members, staff or visitors to the House of Representatives or
950950 Senate the House Business Manager and the Senate Chief Financial Officer may make an
951951 emergency procurement without satisfying the requirement of this rules; provided, however, that
952952 both the House Business Manager and the Senate Chief Financial Officer certify in writing that:
953953 (i) an emergency exists and explain the nature thereof; (ii) the emergency procurement is limited
954954 to only supplies or services necessary to meet the emergency; (iii) shall conform to the
955955 requirements of rule to the extent practicable under the circumstances; (iv) each contractor’s
956956 name, (v) the amount and the type of each contract; (vi) the supplies or services provided under
957957 each contract; (vii) and basis for determining the need for an emergency procurement.
958958 (g) In addition to the requirements of this rule, all procurements for legal services shall be
959959 approved by the House and Senate Counsel.
960960 (h) If, in the determination of the House Business Manager and the Chief Financial Officer of the
961961 Senate, an emergency procurement of greater than $10,000 is necessary, the House Business
962962 Manager and the Chief Financial Officer of the Senate may procure the goods or services
963963 immediately and create and maintain a file explaining the nature of the emergency and the goods
964964 or services that were procured as a result. The House Business Manager and the Chief Financial
965965 Officer of the Senate shall document the goods or services that were procured, the process used
966966 to procure the goods or services, the vendors that were contacted and any other information
967967 relevant to the procurement, and make that information available to members of the General 32
968968 Court during regular business hours, unless the information is otherwise protected by state or
969969 federal law.
970970 (i) Any procurement by the House Business Manager and Chief Financial Officer Officer of the
971971 Senate under Rule 36 for over $10,000 either individual or cumulative shall be submitted to the
972972 state comptroller for posting on the Open Checkbook website or its equivalent. [Adopted Mar. 14,
973973 2013; Amended Feb. 15, 2017; Mar. 7, 2019.]