Massachusetts 2023-2024 Regular Session

Massachusetts Senate Bill S20 Compare Versions

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