Massachusetts 2023-2024 Regular Session

Massachusetts Senate Bill S19 Compare Versions

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

Old	New	Differences
1	1	SENATE . . . . . . . . . . . . . . . . No. 19
2	2	Senate, February 2, 2023– Text of the Senate Rules as adopted by the Senate as the permanent
3	3	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, 2023.]
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. [2023.]
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, 2023.]
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. [Omitted in 2023.]
177	177	11C. The Committee on Rules shall ensure that each member of the Senate is able to receive
178	178	Internet electronic mail from members of the public. [2001; 2003; 2015.]
179	179	11D. The Committee on Ethics shall sponsor ethics training for members and staff within 90
180	180	days of the opening of the biennial session. Ethics training shall be mandatory for all members
181	181	and staff. [2009; 2015, 2019.]
182	182	11E. Members of the Senate may be compensated for service in no more than 2 positions,
183	183	whether as a member of leadership or as a chair, vice-chair or ranking member of a committee.
184	184	[2017, 2019.]
185	185	11F. No member, officer, or staff shall violate the Senate’s anti-harassment policy. Members,
186	186	officers, and staff shall receive anti-harassment and bystander intervention training within 90
187	187	days of the opening of the biennial session. All members, officers, and staff beginning
188	188	employment after the anti-harassment and bystander intervention training held within 90 days of
189	189	the opening of the biennial session shall complete anti-harassment and bystander intervention
190	190	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
191	191	staff shall confirm completion of the training. This rule shall not be suspended. [2019, 2021.]
192	192	11G. The Senate shall not include or permit a nondisclosure, non-disparagement or other similar
193	193	clause in an agreement or contract between the Senate and a member, officer or employee. The
194	194	Senate shall not seek to enforce a nondisclosure, non-disparagement or other similar clause in an
195	195	existing agreement or contract between the Senate and a member, officer or employee. This rule
196	196	shall not be suspended. [2019.]
197	197	COMMITTEES.
198	198	12. The following standing committees shall be appointed by the President, to wit:
199	199	A Committee on the Census;
200	200	To consist of 7 members, 1 of whom shall be appointed by the Minority Leader.
201	201	A Committee on Bills in the Third Reading;
202	202	To consist of 5 members, 1 of whom shall be appointed by the Minority Leader.
203	203	A Committee on Post Audit and Oversight;
204	204	To consist of 8 members, 2 of whom shall be appointed by the Minority Leader.
205	205	A Committee on Ethics;
206	206	To consist of 7 members, including 2 members appointed by the Minority Leader.
207	207	A Committee on Rules;
208	208	To consist of 7 members, including 2 members appointed by the Minority Leader.
209	209	A Committee on Global Warming and Climate Change;
210	210	To consist of 6 members, 1 of whom shall be appointed by the Minority Leader.
211	211	A Committee on Steering and Policy;
212	212	To consist of 5 members, 1 of whom shall be appointed by the Minority Leader.
213	213	A Committee on Ways and Means;
214	214	To consist of 18 members, including 3 members appointed by the Minority Leader.
215	215	A Committee on Intergovernmental Affairs;
216	216	To consist of 6 members, including 1 member appointed by the Minority Leader.
217	217	A Committee on Juvenile and Emerging Adult Justice;
218	218	To consist of 7 members, including 1 member to appointed by the Minority Leader.
219	219	A Committee on Personnel and Administration;
220	220	To consist of 7 members, including 2 members appointed by the Minority Leader.
221	221	Committee hearings and executive sessions shall not be scheduled in conflict with formal
222	222	sessions of the Senate unless the chair submits to the Clerk a written explanation for scheduling
223	223	the hearing or session in conflict with the formal session and said written explanation shall be
224	224	published in the senate journal. Committees shall notify the clerk of the time, place and agenda
225	225	of a public hearing or executive session not less than 5 days prior to the time of such meeting and
226	226	the clerk shall inform all senate members electronically and publish such information on the
227	227	official website of the General Court whenever practicable. If public testimony is being solicited
228	228	by the committee, agendas shall include an electronic mail address and a physical mail address
229	229	for the submission of testimony and shall inform the public that testimony received may be made
230	230	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
231	231	recorded vote of not less than a majority of the members. Any such public testimony received by
232	232	the committee that is readily capable of being reproduced shall be made available to the public
233	233	upon request; provided, however, that the committee may redact such public testimony that
234	234	includes sensitive personal information or information that may jeopardize the health, wellness
235	235	or safety of an individual. If expert testimony is being solicited by the committee, the committee
236	236	shall make reasonable efforts to promote the diversity of expert witness panels. Committees
237	237	shall provide to members of the committee either the text or comprehensive summaries of the
238	238	bills or other forms of legislative matters prior to the beginning of an executive session or poll.
239	239	All recorded votes of each member and by the committees shall be posted on the website of the
240	240	General Court as soon as practicable but no later than 48 hours of the vote being taken; provided
241	241	in the two weeks prior to the third Wednesday in November which shall be considered the
242	242	conclusion of all formal business of the first annual session of the General Court or the two
243	243	weeks prior to the last day of July of the second annual session committees shall post all
244	244	recorded votes as soon as practicable.
245	245	Hearings shall be made available on a platform that permits remote public participation from
246	246	outside the hearing room through audio and video technology; provided, however, that, the chair
247	247	may waive this requirement for technological, operational or logistical reasons. Members of the
248	248	committee may participate remotely and shall have the same privileges, rights and
249	249	responsibilities as if the member were physically present at the hearing location, and other
250	250	members may offer remote testimony before committees of which they are not a member. Chairs
251	251	shall schedule hearings that offer remote participation through Legislative Information Services
252	252	and the Sergeant-at-Arms. The agenda for such a hearing shall specify how members of the
253	253	public may access, monitor and participate in the remote aspect of the meeting. Nothing
254	254	contained herein shall limit the committee’s ability to meet in executive session, prevent
255	255	disruption or maintain decorum during the hearing. Committees may adopt rules to govern the
256	256	orderly and efficient operation of such hearings.
257	257	Committees may at a hearing receive testimony from public officials out of the regular order of
258	258	participation; provided, however, that if a committee follows such a practice public officials of
259	259	Indigenous communities shall be treated accordingly. [1831; 1836; 1840; 1844; 1847; 1863; 1864; 1870; 1876;
260	260	1882; 1885; 1886; 1888; 1891; 1896; 1897; 1920; 1937; 1939; 1941; 1945; 1946; 1957; 1960; 1963; 1965; 1969; 1971; 1972;
261	261	1982; 1989; 1991; 1993; 1995, 1997; 2003, 2005; 2007; 2009; 2011; 2015; 2017, 2019; 2021, 2023.]
262	262	12A. All violations of Rules and all questions of conduct of members, officers and employees of
263	263	the Senate shall be referred by order of the Senate to the committee on Ethics. Any finding or
264	264	decision by a court of law or administrative agency, including the Massachusetts Commission
265	265	Against Discrimination, which indicates sufficient facts to believe that the member, officer, or
266	266	employee engaged in behavior which would constitute a violation of a Rule or other misconduct,
267	267	including, but not limited to, a violation of the Senate’s anti-harassment policy, the prohibition of
268	268	retaliation against an individual who has complained about discriminatory harassment or
269	269	retaliation against an individual for cooperating with an investigation of a discriminatory
270	270	harassment complaint shall be referred to the Ethics Committee. However, no such finding or
271	271	decision is required before referral to the Ethics Committee. Such orders shall be as specific as
272	272	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,
273	273	the contents of such complaints or evidence shall be considered confidential information, unless
274	274	the contents are already a matter of public record. If no hearing is held, such contents may be
275	275	made public by the committee in a final report. Breach of confidentiality may itself be grounds
276	276	for disciplinary action.
277	277	Upon receipt of an order, a sworn written complaint filed under penalties of perjury, or upon
278	278	receipt of evidence, the committee may investigate and take written or oral testimony on any
279	279	matters specified in the order or covered by Rules 10 and 10A. A majority of committee
280	280	members shall be present to receive sworn testimony Upon majority vote of the full Senate, the
281	281	committee may require by summons the attendance and testimony of witnesses and the
282	282	production of books and papers and such other records as said committee may deem relevant. All
283	283	testimony before the committee shall be recorded or transcribed and such recordings and
284	284	transcriptions must be made available to all members of the committee.
285	285	Said committee shall consider and may report to the Senate any recommendations regarding any
286	286	infringement of the rules and all questions of conduct of members, officers and employees
287	287	referred to it. If after investigation a majority of the committee determines that there has been a
288	288	violation of the rules, or other misconduct, which shall include, but not be limited to, a violation
289	289	of the Senate’s anti-harassment policy including the prohibition of retaliation against an
290	290	individual who has complained about discriminatory harassment or retaliation against an
291	291	individual for cooperating with an investigation of a discriminatory harassment complaint, the
292	292	committee shall file a report with the Clerk of the Senate, including a recommendation for
293	293	disciplinary action, including but not limited to: in the case of a member, reprimand, censure,
294	294	temporary or permanent removal from the position of committee chair or other position of
295	295	authority, suspension with or without pay, or expulsion; in the case of an officer or employee,
296	296	reprimand, suspension or removal. Said report shall not prevent the Senate from taking any other
297	297	action as it shall deem advisable and appropriate.
298	298	Nothing in this rule shall be construed to require the disclosure of any allegation that the
299	299	committee deems frivolous or without merit, if such determination is made by a majority of
300	300	members on the committee.
301	301	If the committee receives a sworn written complaint, evidence, order of the Senate, or request for
302	302	an opinion involving a member of the committee, such member shall not participate in the
303	303	committee's deliberations on that matter.
304	304	The committee may, upon written request from a member, officer, or employee of the Senate,
305	305	issue written advisory opinions on matters concerning Rules 10 and 10A. Such advisory opinions
306	306	may be published, provided that the name of the person requesting the opinion, and any other
307	307	identifying information shall not be included in the publication. The Senate may not penalize a
308	308	member, officer or employee of the Senate for conduct satisfying the guidelines of an advisory
309	309	opinion based on factually indistinguishable conduct.
310	310	A majority of members shall sign all recommendations, advisory opinions, and reports of the
311	311	committee. All voting members must certify that they have heard or read all relevant testimony
312	312	prior to voting. The committee shall on or before December 31 of the second year of the biennial session, file a
313	313	report with the Clerk summarizing its activities for the session. In addition, the committee may at
314	314	any time recommend changes in the rules of conduct for the Senate or legislation relating to the
315	315	conduct of the Senate, and a majority vote of the Senate shall be required to approve any such
316	316	recommended changes. [1977; 1978; 1983; 1991; 2003; 2015; 2017, 2019.]
317	317	12B. The committee on Steering and Policy shall meet from time to time at the call of the chair
318	318	for the purpose of assisting the President and the Senate in identifying the major matters which
319	319	require consideration by the General Court during the pending session and to advise the
320	320	President and the Senate on the relative priority of such matters, the relative urgency for
321	321	consideration by the General Court of such matters, and alternative methods of responding to
322	322	such matters by the General Court, and to assist on scheduling legislative matters for their even
323	323	distribution throughout the legislative year. [2009.]
324	324	12B ½ . The Committee on Rules may initiate legislation consistent with Senate Rule 19, but no
325	325	bill shall be initiated over the objection of the Senate Chair of the appropriate committee. The
326	326	Committee shall report on what date prior to adjournment of the last formal session the matter
327	327	shall be considered by the Senate. In the case of bills removed from study and referred to the
328	328	Committee on Rules, the bills may be subject to amendments by the committee as well as reports
329	329	by the committee that the bills ought to pass or ought not to pass. This rule shall apply only to
330	330	bills that have no state fiscal impact. [1983; 1985; 1986; 1991; 1993; 1999; 2003; 2005; 2015.]
331	331	12C. [Omitted in 1995.]
332	332	12D. The President of the Senate, in consultation with the Majority leader or the Minority leader,
333	333	as appropriate, shall review applications for each member's staff and operating requirements and
334	334	allocate office space. [1993; 2003, 2023.]
335	335	13. (a) Unless the Senate shall otherwise specially order, the President shall nominate a candidate
336	336	for chair of each standing committee, joint standing committee or special committee and the
337	337	vice-chair and the assistant vice-chair of the Senate Committee on Ways and Means. The
338	338	President may also nominate the majority floor leader, assistant majority floor leaders, majority
339	339	whip, the assistant majority whip and a President pro tempore . The President pro tempore shall
340	340	assist the President in the coordination of policy development and the ceremonial functions of
341	341	the Senate and shall perform such duties as assigned by the President. The minority party floor
342	342	leader may nominate to minority party floor leadership positions. Such nominations shall require
343	343	ratification by a majority vote by the respective party caucus. The vote shall be by voice vote,
344	344	roll call or secret ballot, as the majority vote of the caucus shall determine. In the event a
345	345	nomination is rejected by such caucus another nomination may be made by the person designated
346	346	in this rule to make the initial nomination which shall be subject to ratification in the same
347	347	manner. In the case of the election by the Senate of a committee by ballot, the member having
348	348	the highest number of votes shall act as chair. The second named member shall be vice-chair.
349	349	(b) Except as provided above or unless the Senate shall otherwise specially order, committees
350	350	shall be appointed by the President, with exception of the chair whose nomination and
351	351	ratification shall be governed by paragraph (a). The President shall in making such appointments
352	352	give consideration to representation of both the majority and minority parties relative to their
353	353	respective representation in the Senate and in any event shall reserve at least 3 positions on the
354	354	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
355	355	made by the Senate minority party leader. For the purposes of this rule and rule 56, the term
356	356	“minority party” shall mean the political party of those members of the Senate who, in the
357	357	aggregate, constitute the second largest group of members of the Senate affiliated with a political
358	358	party.
359	359	(c) A vacancy in any position which is regulated by this rule shall be filled in the same manner as
360	360	provided in this rule for the original appointment. Any person in a position which is regulated by
361	361	this rule shall be subject to removal only by a majority vote of the respective party caucus by
362	362	voice vote, roll call or secret ballot as the majority vote of the caucus shall determine. [1817;
363	363	between 1821 and 1826; 1831; 1888; 1973; 1983; 1985; 1991; 2003; 2015, 2017, 2019.]
364	364	13A. All motions or orders authorizing committees of the Senate to travel or to employ
365	365	stenographers, all propositions involving special investigations by committees of the Senate and
366	366	all motions or orders providing that information be transmitted to the Senate shall be referred
367	367	without debate to the Committee on Rules, who shall report thereon, recommending what action
368	368	should be taken. All other motions that create main questions, except those that relate to
369	369	privilege, to procedure and kindred matters, or to the subjects referred to in Joint Rules 29 and
370	370	30, shall also be referred without debate to the Committee on Rules and be treated in like
371	371	manner.
372	372	The Committee on Rules may originate and report special orders for the scheduling and
373	373	consideration of matters on the floor of the Senate. When reported such orders may be amended
374	374	by a two-thirds vote of the members present and voting, and shall be subject to approval by a
375	375	majority of the members of the Senate present and voting. Debate on the question on adoption of
376	376	such orders shall be limited to 30 minutes. Such orders shall not be subject to reconsideration.
377	377	[1904; 1913; 1921; 1953; 2003; 2015.]
378	378	13B. The President of the Senate may call a caucus at any time at which either the President or a
379	379	designated member of the majority leadership shall preside unless otherwise voted by a majority
380	380	of the caucus. The President shall honor the request of the Minority Leader at any time while the
381	381	Senate is in session, to call a minority caucus at which the Minority Leader shall preside or a
382	382	designated member of the minority leadership, unless otherwise voted by a majority of the
383	383	caucus.
384	384	A caucus shall also be called if 25 per cent or more of a party's membership requests the calling
385	385	of a caucus. Such request shall be made to the Senate President or Minority Leader. In the
386	386	instance of such a caucus being called, said caucus may consider any subject matter, including
387	387	but not limited to resolutions, motions or other means of ascertaining the sense of party members
388	388	on any subject. When the Senate recesses to allow a caucus, the Senate President or presiding
389	389	officer shall inform the members from the rostrum of a time certain for reconvention. [1985; 1993.]
390	390	13C. The Senate Committee on Rules shall provide for an annual fiscal year audit of all Senate
391	391	financial accounts to be conducted by a certified public accountant experienced in auditing
392	392	governmental entities. The clerk shall notify the members when the audit is available. A copy of
393	393	the audit shall be filed with the Senate Clerk and the State Auditor, copies shall be made
394	394	available upon request by any member of the Senate or the general public and posted on the
395	395	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.
396	396	[1836; 1863; 1888.]
397	397	15. No legislation affecting the rights of individuals or the rights of a private or municipal
398	398	corporation, otherwise than as it affects generally the people of the whole Commonwealth or the
399	399	people of the city or town to which it specifically applies, shall be proposed or introduced except
400	400	by a petition, nor shall any bill or resolve embodying such legislation be reported by a
401	401	committee, except upon a petition duly referred, nor shall such a bill or resolve be reported by a
402	402	committee, whether on an original reference or on a recommittal with instructions to hear the
403	403	parties, until it is made to appear to the satisfaction of the committee that proper notice of the
404	404	proposed legislation has been given by public advertisement or otherwise to all parties interested,
405	405	without expense to the Commonwealth, or until evidence satisfactory to the committee is
406	406	produced that all parties interested have in writing waived notice. A committee reporting
407	407	adversely for want of proper notice or of a waiver thereof shall set forth this fact in its report, and
408	408	no bill or resolve shall be in order as a substitute for, or amendment of, such report. Objection to
409	409	the violation of this rule may be taken at any stage prior to that of third reading. [1870; 1871; 1885;
410	410	1890; 1921; 1939; 1945; 1971.]
411	411	16. When the object of an application, by petition can be secured under existing laws, or, without
412	412	detriment to the public interests, by a general law, the committee to whom the matter is referred
413	413	shall report, ought not to pass, or a general law, as the case may be. The committee may report a
414	414	special law on matters referred to it upon (1) a petition filed or approved by the voters of a city or
415	415	town, or the mayor and city council, or other legislative body, of a city, or the town meeting of a
416	416	town, with respect to a law relating to that city or town; (2) a recommendation by the Governor;
417	417	and (3) matters relating to erecting and constituting metropolitan or regional entities, embracing
418	418	any 2 or more cities and towns, or establishing with other than existing city or town boundaries,
419	419	for any general or special public purpose or purposes. [1882; 1885; 1888; 1891; 1893; 1967; 1971; 1973.]
420	420	16A. Reports of committees recommending that a matter be placed in a study shall be reported to
421	421	the Senate if the matter being reported into a study was originally filed in the Senate. Matters
422	422	which have been recommitted to a committee in session shall be reported to the branch
423	423	originating the recommitment. [2002.]
424	424	FORMS OF BILLS AND RESOLVES.
425	425	17. Bills, resolves, resolutions and orders shall be prepared under supervision of the Counsel to
426	426	the Senate. Bills, resolves, resolutions and orders founded upon petition shall be presented in an
427	427	electronic format as prescribed by the Clerk, who shall then prepare such electronically filed
428	428	documents for printing on official paper. Any petition which presents a bill, resolve, resolution
429	429	or order that was before the General Court in the legislative session preceding that for which it is
430	430	presented shall be designated as a “refiled petition” by the presenting member, together with
431	431	reference to the number assigned such matter in the preceding legislative session. No repealed
432	432	law and no law which has expired by limitation, and no part of any such law, shall be re-enacted
433	433	by reference merely. [1844; 1857; 1880; 1882; 1885; 1888; 1889; 1947; 1972; 1985, 2001, 2006; 2015.] INTRODUCTION OF BUSINESS.
434	434	18. Every petition (excepting as otherwise provided for in the Constitution, or laws of the
435	435	Commonwealth), shall be presented by a member, whose name shall be endorsed on the petition,
436	436	and a brief statement of the nature and object of the instrument; and the reading of this
437	437	instrument shall be dispensed with, unless specially ordered. [1831; 1888; 1972; 1973.]
438	438	18A. In the event that identical legislation is filed based upon petition, by members of the
439	439	Senate, the Clerk of the Senate may make every effort to consolidate the petitions.
440	440	The Clerk shall include the name of each petitioner; such names shall be placed on the
441	441	consolidated petition in the order in which the original petitions were filed with the Clerk. [1984.]
442	442	19. All motions contemplating legislation shall be founded upon petition, except as provided in
443	443	Joint Rule 3A and except that the committee on Ways and Means and the Committee on Rules
444	444	under Rule 12B may report a bill or other form of legislation that is not founded upon petition.
445	445	Committees to whom messages from the Governor, reports of state officers, boards,
446	446	commissions, and others authorized to report to the legislature shall be referred, may report by
447	447	bill or otherwise such legislation as may be germane to the subject-matter referred to them. [1858;
448	448	1888; 1891; 1893; 1973; 1999; 2003; 2005; 2015.]
449	449	20. All petitions for legislation accompanied by bills or resolves embodying the subject-matter
450	450	prayed for, which are intended for presentation or introduction to the Senate, reports of state
451	451	officials, departments, commissions and boards, and reports of special committees and
452	452	commissions shall be filed with the Clerk, who shall, unless they are subject to other rules or of
453	453	the rules of the 2 branches, refer them, with the approval and direction of the President, to the
454	454	appropriate committees, subject to such change of reference as the Senate may make.
455	455	Provided, that petitions and other papers so filed, or papers received from the House, which are
456	456	subject to Joint Rules 7A, 7B or 9, shall be referred by the Clerk to the Committee on Rules.
457	457	Petitions and other papers so filed which are subject to the second paragraph of Joint Rule 12
458	458	shall be referred by the Clerk to the Committees on Rules of the two branches, acting
459	459	concurrently. The reading of all such documents may be dispensed with, but they shall be
460	460	entered in the journal of the same or the next legislative day after such reference, except as
461	461	provided in Joint Rule 13.
462	462	All orders intended for adoption shall be deposited with the Clerk. If the orders relate to
463	463	questions of privilege or to procedure and kindred matters, they shall be laid before the Senate by
464	464	the President as soon as possible. If they relate to other subjects, except as provided in rule 13A
465	465	or in Joint Rules 29 and 30, they shall be inspected by the Committee on Rules and laid before
466	466	the Senate not later than the fourth legislative day succeeding the day of their deposit with the
467	467	committee.
468	468	All resolutions intended for adoption shall be filed with the Clerk. Resolutions, which are not
469	469	reported by committee or received from the House, shall be considered forthwith after having
470	470	been reported by the committee on Bills in the Third Reading, under Senate Rule 33.
471	471	Special reports of state officials, departments, commissions and boards, reports of special
472	472	committees and commissions, bills and resolves accompanying petitions and reports, and
473	473	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
474	474	numbers as may be necessary.
475	475	Matters which have been placed on file may be taken from the files by the Clerk upon request of
476	476	any Senator or Senator-elect; and matters so taken from the files shall be referred or otherwise
477	477	disposed of as provided for above.
478	478	The Senate may at any time by order make any other disposition of petitions in the hands of the
479	479	Clerk. [1891; 1893; 1894; 1916; 1921; 1925; 1927; 1933; 1939; 1945; 1953; 1963; 1967; 1971; 1973; 1985; 1999; 2003; 2005;
480	480	2015.]
481	481	20A. The Clerk shall make available on the Internet the text of all bills introduced in the Senate
482	482	and all late file petitions accompanied by legislation. The bill text for any bill for which there
483	483	was a vote on the Senate floor must be made available to the public online within 24 hours of the
484	484	session in which that vote occurred, excepting bills passed in consecutive sessions. [2001; 2015.]
485	485	21. [Omitted in 1943.]
486	486	22. [Omitted in 1949.]
487	487	23. No bill or resolve shall be proposed or introduced unless received from the House of
488	488	Representatives, reported by a committee, or moved as an amendment to the report of a
489	489	committee. [1881; 1882; 1888.]
490	490	24. The consideration of any order proposed for adoption, or of any motion to suspend Senate
491	491	Rule 15, or Joint Rules 8, 9 or 12, shall be postponed without question to the day after that on
492	492	which the order is proposed or request made, if any member asks such postponement. The
493	493	consideration of any motion to lay a matter on the table or to take a matter from the table shall be
494	494	postponed without question to the day after that on which the motion is made (except during the
495	495	last 14 calendar days of formal business under Joint Rule 12A). [1885; 1891; 1971; 1973; 1983, 1997; 1999,
496	496	2021.]
497	497	25. [Omitted in 1929, the provisions thereof being covered by Joint Rule 9.]
498	498	COURSE OF PROCEEDINGS.
499	499	26. Bills and resolves from the House, after they are read a first time, shall be referred to a
500	500	committee of the Senate, unless they have been reported by a joint committee or substituted for
501	501	the report of a joint committee. Bills and resolves reported in the Senate, and bills and resolves
502	502	from the House reported by joint committees or substituted for the reports of joint committees
503	503	shall, after they have been read once, be referred to the Committee on Rules, except as otherwise
504	504	provided by Senate Rule 27. Any matter reported in the Senate or received from the House
505	505	concerning or restricted to a particular city or town which has received the approval of the voters
506	506	of the city or town or of the town meeting shall appear on the calendar for the next session for a
507	507	second reading notwithstanding any other provisions of this rule. Bills introduced by initiative
508	508	petition, when reported in the Senate or received from the House, shall be referred to the
509	509	Committee on Rules. Resolutions received from the House, or reported in the Senate, shall be
510	510	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
511	511	placed in the Orders of the Day for the next session unless such matter is assigned for special
512	512	consideration by said committee as provided for under Senate Rule 12B. [1825; 1885; 1888; 1890; 1891;
513	513	1897; 1945; 1985; 1993; 1999; 2005; 2015.]
514	514	26A. [Omitted in 2005].
515	515	26B. [Omitted in 2005].
516	516	26C. [Omitted in 2021].
517	517	26D. [Omitted in 2021].
518	518	27. Bills and resolves involving public money, or a grant of public property, unless the subject-
519	519	matter has been acted upon by the joint Committee on Ways and Means, shall, after the first
520	520	reading, be referred in course to the Senate Committee on Ways and Means, whose duty it shall
521	521	be to report on their relation to the finances of the Commonwealth.
522	522	Orders reported in the Senate or received from the House involving the expenditure of public
523	523	money for special committees shall, before the question is taken on the adoption of the order, be
524	524	referred to the Senate Committee on Ways and Means, whose duty it shall be to report on the
525	525	order’s relation to the finances of the Commonwealth.
526	526	Every such bill involving a capital expenditure for new projects, or an appropriation for repairs,
527	527	or any legislation, the cost of which, in the opinion of the committee, exceeds $100,000, when
528	528	reported into the Senate by the Committee on Ways and Means, shall be accompanied by a fiscal
529	529	note indicating the amount of public money which will be required to be expended to carry out
530	530	the proposed legislation, together with an estimate of the cost of operation and maintenance for
531	531	the first year if a new project is involved.
532	532	When requested by any member, prior to the engrossment of any such bill involving a capital
533	533	expenditure for new projects, or an appropriation for repairs, or any legislation, the cost of
534	534	which, in the opinion of the committee, can be ascertained in a timely manner, and which
535	535	exceeds $100,000, the chair of the Committee on Ways and Means, or a member of said
536	536	committee, shall verbally disclose during session the amount of public money which will be
537	537	required to be expended to carry out the proposed legislation, together with an estimate of the
538	538	cost of operation and maintenance for the first year if a new project is involved.
539	539	The committee on Ways and Means shall provide a copy of its proposed text of any bills or
540	540	resolves involving public money, or a grant of public property, to a committee member, upon
541	541	request, before such bill or resolve is reported to the Senate for consideration. No amendment to
542	542	the proposed text shall be in order if the amendment proposes a revenue reduction or increase in
543	543	spending in excess of $50,000,000 unless offsetting revenue increases or spending reductions are
544	544	included in the amendment to ensure that the balance of spending and revenue in the bill is
545	545	maintained. [1871; 1882; 1887; 1888; 1889; 1896; 1921; 1941; 1946; 1947; 1953; 1963; 1967; 1968; 1971; 1995; 1999;
546	546	2015, 2023.]
547	547	27A. When the general appropriations bill is reported by the Senate Committee on Ways and
548	548	Means the following information shall be made available:- (a) a prior year’s appropriation, (b)
549	549	the recommendation, if any, of the Governor, (c) the amount approved by the House, and (d) the
550	550	amount recommended by the Senate Committee on Ways and Means. The committee shall
551	551	identify with its recommendations for the general appropriations bill all of the tax and non-tax 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.
553	553	The committee on Ways and Means shall provide the membership with a copy of its proposed
554	554	text of the general appropriations bill, and an executive summary which shall include a list of
555	555	outside sections, and a short summary of each outside section not later than the fifth business day
556	556	prior to full Senate consideration of such bill. When the Senate considers the general
557	557	appropriation bill, the bill shall appear in the Orders of the Day for its second-reading. All
558	558	amendments to the Ways and Means proposed text shall be second-reading amendments, but
559	559	further amendments in the third-degree to such amendments shall be in order. No amendment to
560	560	a general appropriation bill shall be in order which proposes a revenue reduction or increase in
561	561	spending in excess of $50,000,000 unless offsetting revenue increases or spending reductions are
562	562	included in the amendment to ensure that the balance of spending and revenue in the bill is
563	563	maintained. After the bill as amended is ordered to a third reading, it shall be read a third time
564	564	and the question shall then immediately be on passing it to be engrossed. No amendments shall
565	565	be in order at the third reading of the bill unless recommended by the committee on Bills in the
566	566	Third Reading. Each member shall file any proposed amendments, including those relating to
567	567	outside sections, electronically in a form determined by the Clerk, by the time established for
568	568	that purpose by order of the Senate provided, however, that a reasonable amount of time, and not
569	569	less than 48 hours, shall be provided to file amendments. Each amendment shall contain a
570	570	descriptive title. The Clerk shall make a list of amendments available to the membership at least
571	571	48 hours prior to consideration of such bill. Such list shall identify the member sponsoring the
572	572	amendment and include the descriptive title. The sponsoring member of an amendment,
573	573	including further amendments in the third-degree, shall make available at such member’s office a
574	574	copy and a detailed summary of the amendment. The Clerk shall make available on the Internet
575	575	the text of all amendments, including further amendments in the third-degree to such
576	576	amendments.
577	577	The committee on Ways and Means shall provide the membership with a copy of its proposed
578	578	text of any other appropriations bill, and an executive summary which shall include a list of
579	579	outside sections, and a short summary of each outside section not later than the fourth business
580	580	day prior to full Senate consideration of such bill. When the Senate considers such an
581	581	appropriation bill, the Ways and Means proposed text shall be adopted and the bill shall be
582	582	ordered to a third reading without other amendments. The bill shall be immediately read a third
583	583	time and then be open to other amendments; provided, however, that a reasonable amount of
584	584	time shall be provided to file amendments and the order is approved by a majority of the
585	585	members. Any order regarding said amendments, including amendments relating to outside
586	586	sections, shall be adopted by vote of the Senate before consideration of the bill by the Senate.
587	587	Each amendment shall contain a 1-sentence descriptive title. The Clerk shall make a list of
588	588	amendments available to the membership at least 24 hours prior to the consideration of such bill.
589	589	Such list shall identify the member sponsoring the amendment and include the 1-sentence
590	590	descriptive title. The sponsoring member shall make available at such member’s office a copy
591	591	and a detailed summary of the amendment.
592	592	The Chair of the Senate Committee on Ways and Means may file a technical or perfecting
593	593	amendment to a bill subject to Rule 27 or 27A. The text of any such amendment shall be
594	594	available publicly and members shall be given a reasonable amount of time for review prior to 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.
596	596	A member may withdraw an amendment to an appropriation bill after filing it, or may replace a
597	597	seasonably filed amendment with a reasonably related redrafted amendment, which shall be
598	598	clearly designated as such.
599	599	Further amendments and redrafted amendments shall upon request be distributed by the member
600	600	offering the amendment to each member. Members shall be given a reasonable amount of time
601	601	for review prior to taking action on any further or redrafted amendments.
602	602	This rule shall not be rescinded, amended or suspended, unless four-fifths of the members
603	603	present consent thereto. [1974; 1993; 1997; 1999, 2001; 2013; 2015; 2017, 2019; 2021, 2023.]
604	604	27B. [Omitted in 1999.]
605	605	27C. With the exception of appropriation bills and capital outlay bills, the Committee on Ways
606	606	and Means and the Committee on Rules may be discharged from the further consideration of
607	607	matters referred to them under the following procedure. The consideration of a motion to
608	608	discharge such committees from further consideration of a certain matter shall be postponed
609	609	without question to the day after that on which the motion is made. Such motion shall require a
610	610	majority vote of the members present and voting for adoption, if made after the expiration of 45
611	611	calendar days after referral to said committees, but shall require a vote of two-thirds of the
612	612	members present and voting, if made prior to the expiration of said 45 calendar days after
613	613	referral to said committees. On the motion to discharge such committees, not more than 15
614	614	minutes shall be allowed for debate, and no member shall speak more than 3 minutes.
615	615	In addition to the above procedure, the Committee on Ways and Means shall be discharged from
616	616	further consideration of a certain matter upon the written petition of a majority of the members of
617	617	such committee presented to the chair after 45 calendar days following referral of the matter to
618	618	said committee. When directed to discharge a certain matter under this rule said committees shall
619	619	either report or be discharged of said matter within 5 legislative days of the vote or petition
620	620	calling for such discharge. A petition discharged under this rule shall be considered as favorably
621	621	reported and the matter accompanying said petition shall be designated as “discharged”, and
622	622	shall be placed in the Orders of the Day for the next day for a second reading or question on
623	623	adoption, as the case may be, unless subject to Senate Rule 27. [1983; 1985; 2003; 2015.]
624	624	27D. A Senate bill may be co-sponsored, electronically, at any time during the 2-year legislative
625	625	session until debate on the bill begins. [2015.]
626	626	28. No bill or resolve shall pass to be engrossed without 3 readings on 3 several days. [1817; 1836;
627	627	1841; 1859; 1878; 1881; 1882; 1885.]
628	628	29. Bills and resolves, in their several readings, and resolutions, shall be read by their titles,
629	629	unless objection is made. [1817; 1836; 1841; 1859; 1878; 1881; 1882; 1885; 1890.]
630	630	30. If a committee to whom a bill or resolve is referred reports that the same ought not to pass,
631	631	the question shall be “Shall this bill (or resolve) be rejected?” If the rejection is negatived, the
632	632	bill or resolve, if it has been read but once, shall go to its second reading without a question; and
633	633	if it has been read more than once it shall be placed in the Orders of the Day for the next day,
634	634	pending the question on ordering to a third reading, or engrossment, as the case may be. [1817;
635	635	1836; 1841; 1859; 1878; 1881; 1882; 1885; 1897; 1921; 1939; 1945; 1971.] 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
637	637	forthwith on adopting the amendment to the bill or resolve if formally requested by 2 members,
638	638	but the bill or resolve shall be laid over and placed in the Orders of the Day for the next day after
639	639	that on which the amendment is offered, with the amendment pending. The proposed amendment
640	640	shall be printed in the calendar and in the journal. If an amendment is made at the second or third
641	641	reading of a bill or resolve substantially changing the greater part of the bill or resolve, the
642	642	question shall not be put forthwith on ordering the bill or resolve to a third reading or to be
643	643	engrossed, as the case may be, but the bill or resolve, as amended, shall be placed in the Orders
644	644	of the Day for the next day after that on which the amendment is made, and shall then be open to
645	645	further amendment before such question is put. In like manner, when an amendment is made in
646	646	any proposition of such a nature as to change its character, as from a bill to an order, or the like,
647	647	the proposition as amended shall be placed in the Orders of the Day for the next day after that on
648	648	which the amendment was made. [1882; 1888; 1971.]
649	649	31A. Upon recommendation of the Committee on Rules, the Senate may by order require that all
650	650	amendments to a designated bill be filed with the Clerk not later than 1 day before consideration
651	651	of the bill by the Senate. Such amendments shall be presented in the calendar and shall not be
652	652	subject to Rule 31. [1997; 2003; 2015.]
653	653	31B. A member may withdraw an amendment after filing it, or may replace a seasonably filed
654	654	amendment with a reasonably related redrafted amendment, which shall be clearly designated as
655	655	such. The text of a withdrawn amendment placed on the website of the General Court shall
656	656	continue to be available publicly notwithstanding the amendment having been withdrawn.
657	657	Further amendments and redrafted amendments shall, upon request, be distributed by the
658	658	member offering the amendment to each member. Members shall be given a reasonable amount
659	659	of time for review prior to taking action on further or redrafted amendments. [2019, 2021.]
660	660	32. Bills or resolves ordered to a third reading shall be placed in the Orders of the Day for the
661	661	next day for such reading. [1817; 1836; 1841; 1859; 1878; 1881; 1882; 1885.]
662	662	32A. (1) The Senate Committee on Bills in the Third Reading may be discharged from the
663	663	further consideration of matters referred to it pursuant to the following procedure:
664	664	(a) The consideration of a motion to discharge said committee from further consideration of a
665	665	certain matter shall be postponed without question to the day after that on which the motion is
666	666	made.
667	667	(b) The adoption of such motion shall require a simple majority vote of the members present and
668	668	voting.
669	669	(2) The Senate Committee on Rules may be discharged from the further consideration of matters
670	670	referred to it under Rule 26, pursuant to the following procedure:
671	671	(a) The consideration of a motion to discharge said committee from further consideration of a
672	672	certain matter shall be postponed without question to the day after that on which the motion is
673	673	made.
674	674	(b) Such motion shall require a majority vote of the members present and voting for adoption if
675	675	made after the expiration of 30 calendar days after referral to said committee, but shall require a 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.
677	677	(3) When either committee is directed to discharge a certain matter pursuant to this rule, such
678	678	committee shall either report or be discharged of said matter within 5 legislative days of the vote
679	679	calling for such discharge. A matter discharged under this rule shall be designated as
680	680	“discharged” and the matter shall be placed in the Orders of the Day for the next sitting. On the
681	681	motion to discharge such committee, not more than 15 minutes shall be allowed for debate and
682	682	no member shall speak more than 3 minutes. [1985; 1987; 1989; 1993; 1995; 2005; 2015.]
683	683	32B. [Omitted in 1995.]
684	684	33. Bills and resolves when ordered to a third reading, and bills and resolves amended
685	685	subsequently to their third reading unless the amendment was reported by the Committee on
686	686	Bills in the Third Reading, shall be referred forthwith to that committee, which shall examine
687	687	and correct them, to avoid repetitions and unconstitutional provisions, and to ensure accuracy in
688	688	the text and references, and consistency with the language of existing statutes, and to give effect
689	689	to section 52 of chapter 3 of the General Laws; but any change in the sense of legal effect, or any
690	690	material change in construction shall be reported to the Senate as an amendment. The committee
691	691	may consolidate into 1 bill any 2 or more related bills referred to it, whenever legislation may be
692	692	simplified by such consolidation. Resolutions received from and adopted by the House or
693	693	introduced or reported into the Senate, after they are read and before they are adopted, and
694	694	amendments of bills, resolves and resolutions adopted by the House and sent to the Senate for
695	695	concurrence, shall also be referred, in like manner, to the Committee on Bills in the Third
696	696	Reading. When a bill, resolve or resolution has been so referred, no further action shall be taken
697	697	until the committee has reported on the bill, resolve or resolution. If a bill or resolve referred to
698	698	the Committee on Bills in the Third Reading contains an emergency preamble, changes the
699	699	compensation paid to the members of the General Court, provides for the borrowing of money by
700	700	the Commonwealth and comes within Section 3 of Article LXII of the Amendments to the
701	701	Constitution, provides for the giving, loaning or pledging of the credit of the Commonwealth and
702	702	comes within Section 1 of Article LXII (as amended by Article LXXXIV) of the Amendments to
703	703	the Constitution, or provides, upon recommendation of the Governor, for a special law relating to
704	704	an individual city or town and comes within clause (2) of Section 8 of Article LXXXIX of the
705	705	Amendments to the Constitution, the committee shall plainly indicate the fact. [1817; 1836; 1882;
706	706	1888; 1890; 1891; 1914; 1919; 1925; 1927; 1929; 1945; 1965; 1967; 1983.]
707	707	33A. All legislative matters receiving a Senate number shall be presented and made available to
708	708	all the members of the Senate and to the public at least 24 hours in advance of consideration by
709	709	the Senate.
710	710	All other amendments recommended by any committee, other than the Committee on Bills in the
711	711	Third Reading, shall be subject to this rule.
712	712	This rule shall be suspended only upon a vote of two-thirds of the members present and voting.
713	713	[1985.]
714	714	33B. (a) A ceremonial resolution shall not be adopted by the Senate if it:
715	715	1.includes a statement of policy or ideology; 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;
719	719	4.recognizes a for-profit corporation; provided, however, that a resolution may honor or
720	720	congratulate a for-profit corporation on its anniversary or other achievement if it has
721	721	participated in a specific service or action that is of value to a local community or the
722	722	commonwealth;
723	723	5.recognizes a person’s retirement unless the person is retiring from a position with the
724	724	commonwealth, a political subdivision thereof, or a non-profit organization and the
725	725	person has been in public service for not less than 20 years;
726	726	6.recognizes a person’s birthday unless the person is not less than 80 years old;
727	727	7.recognizes a married couple’s wedding anniversary unless the married couple has been
728	728	married for not less than 50 years;
729	729	8.recognizes a non-profit organization’s anniversary unless the anniversary is for not less
730	730	than 20 years; or
731	731	9.recognizes a class reunion.
732	732	(b) Notwithstanding subsection (a), a resolution otherwise prohibited under said subsection (a)
733	733	may be adopted by the Senate by unanimous consent of the members present. [2021.]
734	734	34. Bills and resolves prepared for final passage shall be certified by the Senate Clerk and
735	735	Parliamentarian, after comparison, to be the same as the bills or resolves passed to be engrossed;
736	736	and if found to be properly prepared, the Clerk shall so endorse on the envelope of the bill or
737	737	resolve; and the question on enactment or final passage or adopting an emergency preamble shall
738	738	be taken on the bill or resolve, without further reading, unless specifically ordered. When a bill
739	739	or resolve prepared for final passage contains an emergency preamble, changes the compensation
740	740	paid to members of the General Court, provides for the borrowing of money by the
741	741	Commonwealth and comes within Section 3 of Article LXII of the Amendments to the
742	742	Constitution, provides for the giving, loaning or pledging of the credit of the Commonwealth and
743	743	comes within Section 1 of Article LXII (as amended by Article LXXXIV) of the Amendments to
744	744	the Constitution, or provides, upon recommendation of the Governor, for a special law relating to
745	745	an individual city or town and comes within clause (2) of Section 8 of Article LXXXIX of the
746	746	Amendments to the Constitution, the Clerk shall plainly indicate the fact. [1817; 1831; 1882; 1888;
747	747	1914; 1919; 1965; 1967; 1971; 1983.]
748	748	ORDERS OF THE DAY.
749	749	35. The unfinished business in which the Senate was engaged at the time of the last adjournment
750	750	shall have preference in the Orders of the Day next after motions to reconsider. [1830; 1870.]
751	751	36. Reports of committees not by bill or resolve shall be referred to the Committee on Rules;
752	752	except that the report of a committee asking to be discharged from the further consideration of a
753	753	subject and recommending that it be referred to another committee, or a report of a committee
754	754	recommending that a matter be placed on file, shall be immediately considered. All reports of the 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;
758	758	provided that amendments involving state money shall be referred to the Committee on Ways
759	759	and Means
760	760	Reports of committees on proposals for amendment of the Constitution shall be dealt with in
761	761	accordance with Joint Rule 23. [1845; 1853; 1888; 1891; 1919; 1947; 1953; 1965; 1968; 1971; 1985; 1995; 2005;
762	762	2015.]
763	763	37. After entering upon the consideration of the Orders of the Day, the Senate shall proceed with
764	764	them in regular course, as follows: Matters not giving rise to a motion or debate shall first be
765	765	disposed of in the order in which they stand in the calendar; then the matters that were passed
766	766	over shall be considered and disposed of in like order. [1817; 1836; 1841; 1859; 1878; 1882; 1885.]
767	767	38. No matter which has been duly placed in the Orders of the Day shall be discharged from the
768	768	Orders of the Day or considered out of its regular course. [1885.]
769	769	38A. The Senate shall not continue in session beyond the hour of 8 p.m. This rule shall not be
770	770	suspended unless two-thirds of the members present and voting consent to such suspension on a
771	771	recorded yea and nay vote. [1983; 2005.]
772	772	38A 1/2. The Senate shall not continue in session beyond midnight. This rule shall not be
773	773	suspended unless two-thirds of the members present and voting consent to such suspension on a
774	774	recorded yea and nay vote. [2005.]
775	775	38B. Debate and consideration on the general appropriation bill shall begin at 10 a.m. and shall
776	776	be the only matter placed on the calendar for that day. [1985.]
777	777	RULES OF DEBATE.
778	778	39. When speaking, each member shall stand as able in such member’s place and address the
779	779	President. When recognized, the member shall confine such member’s remarks to the measure
780	780	and question under debate and shall at all times avoid personalities. [1817; 1831; 1871; 1973; 2017.]
781	781	40. When 2 or more members rise to speak at the same time, the President shall designate the
782	782	member who is entitled to the floor. [1831; 1888.]
783	783	41. No member shall speak more than once to the prevention of any other member who has not
784	784	spoken and desires to speak on the same question. [1817; 1886.]
785	785	42. No member shall interrupt another while speaking, except by rising to call to order or to rise
786	786	to a question of personal privilege or parliamentary inquiry. [1817; 1831; 1971.]
787	787	42A. A member referencing a report or study in debate must make said report or study readily
788	788	available either during or within a reasonable time after the debate if requested by another
789	789	member. [2015.] 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.]
792	792	MOTIONS.
793	793	44. Any motion shall be reduced to writing if the President so directs. A motion need not be
794	794	seconded and may be withdrawn by the mover if no objection is made. [1817; 1844; 1871; 1888.]
795	795	44A. [Omitted in 2011.]
796	796	45. An amendment to any measure filed for debate with the Clerk containing 2 or more
797	797	propositions, capable of division, shall be divided whenever desired by any member. When a
798	798	motion to strike out and insert is thus divided, the failure of the motion to strike out shall not
799	799	preclude amendment; or, if the motion to strike out prevails, the matter proposed to be inserted
800	800	shall be open to amendment before the question is taken on inserting it. [1817; 1841; 1888.]
801	801	45A. [Omitted in 2019].
802	802	46. When a question is under debate the President shall receive no motion that does not relate to
803	803	the same, except a motion to adjourn or some other motion which has precedence by express rule
804	804	of the Senate, or because it is privileged in its nature; and the President shall receive no motion
805	805	relating to the same except:
806	806	(1) To lay on the table (or take from the table);
807	807	(2) To close debate at a specified time;
808	808	(3) To postpone to a day certain;
809	809	(4) To commit (or recommit);
810	810	(5) To amend ;
811	811	(6) To postpone indefinitely.
812	812	These motions shall have preference in the order in which they stand. [Between 1821 and 1826; 1831;
813	813	1844; 1870; 1882; 1885; 1888; 1921; 1939; 1945; 1971.]
814	814	47. Debate may be closed at any time not less than 1 hour from the adoption of a motion to that
815	815	effect. On this motion not more than 10 minutes shall be allowed for debate, and no member
816	816	shall speak more than 3 minutes. [1882.]
817	817	48. When motions are made to refer a subject to different committees, the committees proposed
818	818	shall be considered in the following order:
819	819	(1) A standing committee of the Senate;
820	820	(2) A special committee of the Senate;
821	821	(3) A joint standing committee of the two branches;
822	822	(4) A joint special committee of the two branches. [1884; 1888; 2017.]
823	823	49. No engrossed bill or resolve shall be amended; but this rule shall not apply to a bill or resolve
824	824	returned by the Governor with a recommendation of amendment under Article LVI of the Amendments of the Constitution; nor shall it apply to amendments of engrossed bills proposed
825	825	by the House and sent to the Senate for concurrence. [1837; 1919; 1931.]
826	826	50. No motion or proposition of a subject different from that under consideration and no measure
827	827	which has been finally rejected or disposed of by the Senate shall be admitted under the color of
828	828	an amendment. [1882; 1971.]
829	829	51. [Omitted in 2011.]
830	830	52. The motion to adjourn and the call for yeas and nays shall be decided without debate.
831	831	On the motions to lay on the table and take from the table, to postpone to a time certain, to
832	832	commit or recommit (except with instructions), not exceeding 10 minutes shall be allowed for
833	833	debate, and no member shall speak more than 3 minutes.
834	834	On a motion to reconsider, not more than 30 minutes shall be allowed for debate, and no member
835	835	shall speak more than 5 minutes; but on a motion to reconsider a vote upon any subsidiary,
836	836	incidental or dependent question debate shall be limited to 10 minutes, and no member shall
837	837	speak more than 3 minutes.
838	838	On a motion to suspend any of the joint rules or Senate rules debate shall be limited to 15
839	839	minutes, and no member shall speak more than 3 minutes. [1817; 1859; 1870; 1874; 1882; 1885; 1937; 1941.]
840	840	52A. The Senate President or presiding officer of the Senate may not declare that the Senate is in
841	841	recess for more than 30 minutes, without informing the members from the rostrum of a time
842	842	certain for reconvention. [1993.]
843	843	RECONSIDERATION.
844	844	53. No motion to reconsider a vote shall be entertained unless it is made on the same day on
845	845	which the vote has passed, or on the next day thereafter on which a quorum is present and before
846	846	the Orders of the Day for that day have been taken up. If reconsideration is moved on the same
847	847	day, the motion shall (except during the last 14 calendar days of formal business under Joint
848	848	Rule 12A) be placed first in the Orders of the Day for the succeeding day; but if it is moved on
849	849	the succeeding day, the motion shall be considered forthwith; provided, however, that this rule
850	850	shall not prevent the reconsideration of a vote on a subsidiary, incidental or dependent question
851	851	at any time when the main question to which it relates is under consideration; and provided,
852	852	further, that a motion to reconsider a vote on any incidental, subsidiary or dependent question
853	853	shall not remove the main subject under consideration from before the Senate, but shall be
854	854	considered at the time when it is made.
855	855	There shall be no reconsideration of the vote on the question on adjourning, for the yeas and
856	856	nays, on laying on the table or on taking from the table; and when a motion for reconsideration
857	857	has been decided, that decision shall not be reconsidered. [1817; between 1821 and 1826; 1858; 1885; 1888;
858	858	1891; 1902; 1946; 1999, 2021.] REJECTED MEASURES.
859	859	54. When any measure has been finally rejected or finally disposed of by the Senate, no measure
860	860	substantially the same shall be introduced by any committee or member during the session, or
861	861	moved as an amendment to another measure. [1817; dispensed with in 1831; revived in 1838; amended in 1841;
862	862	1844; 1877; 1882; 1971.]
863	863	VOTING.
864	864	55. The President shall declare all votes; but if a member doubts a vote, the President shall order
865	865	a return of the number voting in the affirmative, and in the negative, without further debate. [1831;
866	866	1888.]
867	867	56. Regardless of the party affiliation of the person requesting or supporting a call of the yeas
868	868	and nays, the sense of the Senate shall be taken by yeas and nays whenever required by one-fifth
869	869	of the members present or by a number of members equal to the total number of members of the
870	870	minority party, whichever is less. The President may wait a period not exceeding 10 minutes
871	871	before ordering the Clerk to start the yeas and nays, during which time the members shall be
872	872	summoned to the Senate Chamber as the President may direct.
873	873	Other business of the Senate may be taken up during the 10 minute period. At the end of the 10
874	874	minute interval, the President shall state the question to be roll called and then direct the Clerk to
875	875	begin the call. If, after the yeas and nays have been ordered, an advanced notice of at least 60
876	876	minutes is given by the President, the President may set a time certain for the vote to be taken
877	877	and the 10 minute waiting period above prescribed may be waived. [1817; 1852; 1888; 1971; 1972, 1997;
878	878	2017, 2021.]
879	879	57. Whenever a question is taken by yeas and nays, the Clerk shall call the names of all
880	880	members, except the President, and every member present shall answer to such member’s name,
881	881	unless excused before the vote was taken. No member shall be permitted to vote after the
882	882	decision is announced from the Chair. [ 1837; 1844; 2008; 2015; 2017, 2023.]
883	883	57A. [Omitted in 2011.]
884	884	57B. [Omitted in 2023]
885	885	57C. (a) Notwithstanding Senate Rule 57, a member may authorize the presiding officer to
886	886	announce the member’s vote by submitting a letter to the Clerk that specifies the member’s exact
887	887	instruction to the presiding officer on how to answer the question for which the roll call is
888	888	ordered and states that the presiding officer is authorized to announce the member’s vote;
889	889	provided, however, that a member may alter or revoke this authorization by submitting a letter to
890	890	the Clerk; provided further, that if a member who has so authorized the presiding officer
891	891	announces the member’s own vote, the member shall be considered to have revoked the
892	892	authorization to announce the member’s vote. Upon receipt of a member’s letter authorizing the
893	893	presiding officer or altering or revoking the authorization of the presiding officer, the Clerk shall
894	894	notify the President and the minority leader of the authorization, alteration or revocation. The
895	895	Clerk shall maintain an updated list of the authorizations, alterations and revocations submitted or in effect under this order and shall make the list publicly available in electronic form and
896	896	available after any vote subject to this order.
897	897	The presiding officer shall answer the roll call on behalf of each member who has authorized the
898	898	presiding officer to announce the vote under this section; provided, however, that the presiding
899	899	officer shall announce the vote in accordance with the member’s exact instruction.
900	900	A letter under this section may be submitted to the Clerk electronically. [2023.]
901	901	57D. Notwithstanding Senate Rule 57 or any other rule to the contrary, a member may
902	902	participate remotely. A member who participates remotely may record the member’s vote on a
903	903	question for which a roll call has been ordered, record the member’s presence, be counted on any
904	904	procedural question and deliver remarks, remotely.
905	905	The President shall, in consultation with Legislative Information Services, provide members
906	906	access to electronic means to allow them to participate remotely.
907	907	A court officer, in consultation with a member of the Clerk’s staff, shall monitor the electronic
908	908	means of participation and shall ascertain and announce a member’s vote, a member’s presence
909	909	or a member’s answer to a procedural question.
910	910	The President, in consultation with Legislative Information Services, shall designate an
911	911	appropriate staff member to coordinate participation in debate by any member who would like to
912	912	deliver remarks from outside the chamber. The presiding officer shall endeavor to ensure that the
913	913	Senate’s proceedings account for any delay or lag time that occurs due to the remote
914	914	participation of members in the session. The session shall be conducted at a pace that provides
915	915	adequate timing and intervals to allow for effective spontaneous responses by the members.
916	916	A member who participates remotely pursuant to this section shall be counted for the purpose of
917	917	establishing a quorum as required pursuant to Senate Rule 64 and Article XXXIII of the
918	918	Amendments to the Constitution of the Commonwealth. [2023.]
919	919	ELECTIONS BY BALLOT.
920	920	58. In all elections by ballot a time shall be assigned for such election, at least 1 day prior to such
921	921	election, except in case of an election of President or President pro tempore, under Rule 5. [1831;
922	922	1891.]
923	923	REPORTERS' GALLERY.
924	924	59. The use of the reporters' gallery of the Senate Chamber shall be subject to the approval and
925	925	direction of the Committee on Rules during the session and of the President after prorogation.
926	926	Except in the reporter’s official capacity as a reporter, no reporter who is entitled to the
927	927	privileges of the reporters' gallery shall seek to influence the action of the Senate or any member,
928	928	nor shall such person approach a member to seek to influence such member in any place from
929	929	which legislative agents are excluded by Rule 61. Every legislative reporter desiring admission
930	930	to the reporters' gallery of the Senate Chamber shall state in writing that such reporter is not the agent or representative of any person or corporation interested in legislation before the General
931	931	Court and will not act as representative of any such person or corporation while such reporter
932	932	retains a place in the gallery; but nothing in this rule shall prevent such legislative reporter from
933	933	engaging in other employment, provided such other employment is specifically approved by the
934	934	Committee on Rules and reported to the Senate. [1847; 1911; 1914; 1925; 1989; 2003; 2015.]
935	935	59A. Sessions of the Senate shall be made accessible to electronic media, including television,
936	936	radio and the Internet. The manner, conditions and extent of such access shall be established by
937	937	the Committee on Rules.
938	938	The President and the Clerk shall endeavor to provide that all sessions of the Senate are
939	939	broadcast live. If it is not feasible for such a session to be broadcast live they shall endeavor to
940	940	provide for its delayed broadcast. The Committee on Rules may provide for the audio or video
941	941	transmission via the Internet of Senate sessions. The committee on Rules may enter into
942	942	agreements with nonprofit entities, including public and private educational facilities, to provide
943	943	for audio or video transmission via the Internet of the Senate sessions.
944	944	This rule shall not be suspended unless by majority vote of the members present and voting.
945	945	If, for any reason, the Senate convenes in a session and such session is not televised live, then the
946	946	party under the contractual duty to provide the broadcast shall provide to the Senate President
947	947	and Minority Leader within 24 hours of the adjournment of such session a report including, but
948	948	not limited to an explanation for why the broadcast was not received.
949	949	Prior to permanent arrangements being entered into for the broadcast of Senate sessions, any
950	950	television carrier, who wishes to broadcast any Senate session shall make application to the
951	951	committee on Rules to do so, approval of which shall not be unreasonably withheld. Any carrier
952	952	may make arrangements to utilize a pool feed to be provided under guidelines and conditions set
953	953	forth by the committee on Rules. [1989, 2001; 2003; 2007; 2015; 2021.]
954	954	59B. The Clerk of the Senate shall keep a copy of every broadcast Senate session for reference
955	955	purposes. Upon request, these copies or any images easily reproducible thereof shall be made
956	956	available to members and the public in a timely manner. [1993, 2019, 2023.]
957	957	59C. The electronic feed that provides the broadcast coverage of the Senate sessions shall be
958	958	available to any media outlet. [2002.]
959	959	59D. (1) The President shall make available to each member of the Senate a copy of the contract
960	960	for the broadcast of the Senate sessions.
961	961	(2) Any contracts executed after January 1, 2003 concerning television broadcast of the sessions
962	962	of the Senate shall require the following information to be reported to the members of the Senate:
963	963	(a) a list of all cities and towns to receive live television broadcasts of the sessions of the
964	964	Senate;
965	965	(b) a list of each city and town to receive Senate coverage including the date and time of
966	966	the live and pre-recorded broadcasts of each session of the Senate;
967	967	(c) a list of cities and towns that do not receive live televised broadcasts of the sessions of
968	968	the Senate and an explanation for the lack of coverage.
969	969	The President shall make available said copy of the contract to each member of the Senate on the
970	970	first day of the annual session. [2003; 2021.] THE SENATE CHAMBER AND ADJOINING ROOMS
971	971	60. No person not a member shall be allowed to sit at the Senate table while the Senate is in
972	972	session. [1853; 1888.]
973	973	61. No person, except members of the legislature and the executive departments of state
974	974	government, persons in the exercise of an official duty directly connected with the business of
975	975	the Senate, and reporters who are afforded press privileges by the Senate President, shall, unless
976	976	invited by the President, be admitted to the floor of the Senate Chamber or to the Senate Reading
977	977	room or to the corridor between the Senate Reading room and the Senate Chamber during the
978	978	sessions of the Senate, or during the half hour preceding or succeeding said sessions, nor to the
979	979	Senate reading room, cloak room or anterooms on any day when a session of the Senate is held,
980	980	except upon written invitation bearing the name of the person it is desired to invite and the name
981	981	of the Senator extending the invitation, which invitation shall be surrendered when the person
982	982	enters one of the otherwise restricted areas.
983	983	Reporters desiring access to the Senate Chamber shall make written application to the President
984	984	stating the purposes for which the privileges are required, and such privileges shall be granted
985	985	only upon written approval by the President.
986	986	No legislative agent shall be admitted to the floor of the Senate Chamber. On any day when a
987	987	session of the Senate is held, no legislative agent shall be admitted to the Senate Reading room,
988	988	the cloak room, the Senate corridor or anterooms and no person, except members of the
989	989	legislature and the executive departments of state government and persons in the exercise of an
990	990	official duty directly connected with the business of the Senate shall be permitted to loiter in the
991	991	Reading room, the cloak room, the Senate corridor or anterooms at any time. Smoking shall not
992	992	be permitted in the Senate Reading room, the cloak room or the anterooms. [1870; 1875; 1886; 1891;
993	993	1895; 1896; 1897; 1898; 1907; 1909; 1914; 1916; 1925; 1989, 2023.]
994	994	61A. No person shall be allowed to smoke on the floor of the Senate. [1985.]
995	995	61B. The Senate President shall preserve decorum and order in the Senate Chamber. The Senate
996	996	President shall require that, while in the Senate Chamber, members, staff and guests dress in
997	997	appropriate attire and be courteous and professional when using electronic devices. Members,
998	998	staff and guests shall not take photographs or videos while the Senate is in session unless
999	999	permitted to do so by the Senate President. No person shall talk on a cellular telephone or other
1000	1000	mobile electronic device in the Senate Chamber while the Senate is in session. [2003; 2013, 2019.]
1001	1001	PARLIAMENTARY PRACTICE.
1002	1002	62. The rules of parliamentary practice shall govern the Senate in all cases to which they are
1003	1003	applicable, and in which they are not inconsistent with these rules or the joint rules of the 2
1004	1004	branches. [1847; 1858; 1882; 1895; 1963.]
1005	1005	62A. [Renumbered in 2013 as Senate Rule 61B.] PROCUREMENTS.
1006	1006	62B. (a) The Chief Financial Officer of the Senate shall complete the procurement of all goods
1007	1007	and services for the Senate. Procurements for goods or services shall be made from the statewide
1008	1008	procurement contract established by the operational services division, to the extent practicable,
1009	1009	as determined by the Chief Financial Officer. If the Chief Financial Officer determines that a
1010	1010	procurement cannot be made using the statewide procurement contract established by the
1011	1011	operational services division, the Chief Financial Officer may procure the required goods or
1012	1012	services under subsections (b), (c) or (d).
1013	1013	(b) Procurement of a supply or service from a vendor not on the statewide procurement contract
1014	1014	reasonably estimated by the Chief Financial Officer to be valued at less than $10,000 shall be
1015	1015	made at the discretion of the Chief Financial Officer.
1016	1016	(c) If the Chief Financial Officer seeks to procure a supply or service from a vendor not on the
1017	1017	statewide procurement contract that the Chief Financial Officer reasonably estimates to be
1018	1018	valued at $10,000 or more, but less than $100,000, the Chief Financial Officer shall seek
1019	1019	quotations from not fewer than 3 persons providing such supply or service. The Chief Financial
1020	1020	Officer shall record the names and addresses of all persons from whom quotations were received,
1021	1021	the names of the persons submitting quotations and the date and amount of each quotation. The
1022	1022	Chief Financial Officer shall award the contract to the responsible person whose quotation offers
1023	1023	the needed quality of supply or service and which represents the best value for the Senate.
1024	1024	(d) If the Chief Financial Officer seeks to procure a supply or service from a vendor not on the
1025	1025	statewide procurement contract that the Chief Financial Officer reasonably estimates to be
1026	1026	valued at $100,000 or more, the Chief Financial Officer shall seek proposals through a
1027	1027	competitive bid process, which shall be established by the Chief Financial Officer. The Chief
1028	1028	Financial Officer shall include diversity and inclusion plan requirements in all requests for
1029	1029	proposals and shall consider those plans alongside traditional criteria when evaluating bids.
1030	1030	(e) The Chief Financial Officer shall maintain a file on each procurement not executed using the
1031	1031	statewide procurement contract established by the operational services division and in excess of
1032	1032	$10,000 and shall include in such file all documents constituting the agreement for goods and
1033	1033	services and all documents required by subsection (c) or (d). The files maintained shall be
1034	1034	available for inspection by members of the Senate during regular business hours unless the
1035	1035	information is otherwise protected by state or federal law.
1036	1036	(f) All procurements for legal services shall follow a process established by the Counsel to the
1037	1037	Senate and the Chief Financial Officer and shall be approved by the Counsel to the Senate.
1038	1038	(g) If, in the determination of the Chief Financial Officer, an emergency procurement of greater
1039	1039	than $10,000 is necessary, the Chief Financial Officer may procure the goods or services
1040	1040	immediately and create and maintain a file explaining the nature of the emergency and the goods
1041	1041	or services that were procured as a result. The Chief Financial Officer shall document the goods
1042	1042	or services that were procured, the process used to procure the goods or services, the vendors that
1043	1043	were contacted and any other information relevant to the procurement, and make that
1044	1044	information available to members of the Senate during regular business hours, unless the
1045	1045	information is otherwise protected by state or federal law. [2013, 2019; 2021, 2023.] ALTERATIONS, SUSPENSION OR REPEAL OF RULES.
1046	1046	63. This rule and rules 24, 31, 33, 34 and 53 shall not be suspended if objection is made; and no
1047	1047	other rule shall be altered, suspended or repealed, except by vote of two-thirds of the members
1048	1048	present and voting. The Committee on Rules may consider and suggest measures that shall, in its
1049	1049	judgment, tend to facilitate the business of the Senate, and a majority vote of the Senate shall be
1050	1050	required to approve such recommendations.
1051	1051	Additionally a measure to repeal, change, add or otherwise modify a rule or rules of the Senate
1052	1052	may be proposed at any time by either 1/5 of the members or the number of minority members,
1053	1053	provided that such measure is presented to the clerk in the form of an order. Such order shall be
1054	1054	referred immediately to the Committee on Rules, which shall report to the Senate on such order
1055	1055	within 10 days of its referral to the committee. Such report shall be placed in the Orders of the
1056	1056	Day for the next formal session for consideration by the Senate. [1817; 1841; 1848; 1882; 1888; 1891;
1057	1057	1893; 1899; 1953; 1973; 2003; 2015.]
1058	1058	64. Twenty-one members shall constitute a quorum for the organization of the Senate and the
1059	1059	transaction of business. [See Amendments to the Constitution, Art. XXXIII.] [1973.]
1060	1060	65. The Senate shall meet not later than the fourth Friday following the convening of the first
1061	1061	annual session of a General Court for the purpose of adopting permanent rules of the Senate.
1062	1062	[1991; 2007.]
1063	1063	66. [Omitted in 1997.]
1064	1064	67. The resignation of a Senator shall become effective within 14 days from submission of a
1065	1065	letter of resignation or a letter of intent to resign to the Senate President’s Office. [2007.]
1066	1066	REVIEW PAST SENATE PROCEDURE.
1067	1067	68. The President shall establish a commission to examine past rules and practices of the
1068	1068	Massachusetts State Senate.
1069	1069	This commission shall consist of 3 members: the Senate President pro tempore or a designee; the
1070	1070	majority leader or a designee; and the minority leader or a designee; and shall examine and
1071	1071	compare the current rules and practices of the Massachusetts State Senate with the body’s
1072	1072	historic rules and practices. This examination and comparison may include, but not be limited to,
1073	1073	matters of decorum, anti-harassment, attendance, dress and schedule.
1074	1074	The commission shall report its findings and recommendations by September 1 of every even
1075	1075	numbered year. [2009; 2013, 2019.]
1076	1076	69. Meetings of any special commissions, special legislative commissions, task forces or other
1077	1077	groups authorized or required by statute, resolve, rule or order to make or conduct an
1078	1078	investigation or study of any issue, and which are chaired by a Senator, shall be conducted
1079	1079	openly and transparently, and shall conform both to Senate rules and to statutes. [2017.]