Massachusetts 2025-2026 Regular Session

Massachusetts Senate Bill S15 Compare Versions

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22 SENATE . . . . . . . . . . . . . . . . No. 15
33 Senate, February 6, 2025-- Text of the proposed Joint Rules recommended by the Temporary
44 Committee on Rules to be adopted as the Joint Rules governing the 2025-2026 legislative
55 session.
66 The Commonwealth of Massachusetts
77 _______________
88 In the One Hundred and Ninety-Fourth General Court
99 (2025-2026)
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 and Fisheries;
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 Climate, 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. No rule shall conflict with these
5959 joint rules.
6060 Except as provided by Joint Rule 1E or 1F, each matter shall be referred only to 1 joint
6161 committee for consideration and all reports of matters by joint committees shall be made to the 3
6262 House or the Senate, under Joint Rule 4, not to another joint committee. The committee to which
6363 a matter is initially referred may discharge the matter to another committee with jurisdiction over
6464 the matter.
6565 Matters referred by either the Senate or the House to its committee on Ways and Means shall be
6666 considered by the respective committees of the 2 branches, acting as a joint committee, when, in
6767 the judgment of the chairs of the respective committees of the 2 branches, the interests of
6868 legislation or the expedition of business will be better served by such joint consideration. Matters
6969 may also be referred to the committees on Ways and Means, of the 2 branches, as a joint
7070 committee.
7171 The committees on Rules, together with the presiding officers of the 2 branches, acting
7272 concurrently, may consider and suggest such measures as shall, in their judgment, tend to
7373 facilitate the business of the session and a majority vote of the 2 branches shall be required to
7474 approve such recommendations.
7575 In order to assist the House and the Senate in their: (1) consideration and enactment of new
7676 legislation and modifications of existing laws, when either are deemed to be appropriate; (2)
7777 evaluation of the effectiveness and administration of laws and programs previously enacted; and
7878 (3) appraisal of the conditions and circumstances which may indicate the desirability of enacting
7979 new legislation, the various joint committees shall have the following oversight responsibilities:
8080 (i) each joint committee shall review and study, on a continuing basis, the implementation,
8181 administration, execution and effectiveness of those laws, or parts of law, the subject matter of
8282 which is within the jurisdiction of that committee, the administrative regulations adopted to
8383 implement those laws, and those state agencies or entities having responsibilities for the
8484 administration and execution of such laws;
8585 (ii) in carrying out these review and study activities, each committee shall determine whether
8686 such laws, administrative regulations and programs under those laws are being implemented in
8787 accordance with the intent of the General Court and whether such laws, administrative
8888 regulations and programs should be continued, curtailed or eliminated;
8989 (iii) each committee shall also review and study any conditions and circumstances which may
9090 indicate the necessity or desirability of enacting new legislation within the jurisdiction of that
9191 committee, regardless of whether any matter has been introduced on that subject, and shall, on a
9292 continuing basis, undertake research on matters within the jurisdiction of that committee. 4
9393 Committees shall coordinate oversight activities, under the direction of the presiding officers of
9494 both branches, to achieve the maximum objectives of clauses (i), (ii) and (iii).
9595 Each committee may, upon completion of its oversight hearings, report to the General Court the
9696 results of its findings and recommendations together with accompanying corrective legislation, if
9797 any, by filing the same with the Clerk of the House of Representatives or the Clerk of the Senate.
9898 Copies of such reports shall be posted on the website of the General Court . The disposition of
9999 said reports shall be 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 In the case of a vacancy of a chair of a committee, the vice-chair shall perform all duties of said
111111 prior chair until said vacancy is filled.
112112 Temporary employees of the general court assigned to a joint committee who are students at an
113113 accredited education institution or employees or grantees of other non-profit organizations under
114114 section 501 (c) (3) of the Internal Revenue Code may receive compensation from such
115115 organization, according to that organization's regular program of providing such compensation
116116 for temporary governmental or public service employment. A temporary employee's Senate or
117117 House supervisor shall establish the employee's total compensation, shall verify that the sum of
118118 the employee's state compensation, if any, and that any outside compensation the employee is to
119119 receive under this rule would not exceed this total compensation, and shall file the written terms
120120 of the employee's compensation with the Senate or House Human Resources Office, where it
121121 shall be available for public inspection. The temporary employee shall sign a confidentiality and
122122 ethics agreement provided by the Senate or House Human Resources Office. Joint employees
123123 shall complete appropriate training as required by either branch of the general court, as may be 5
124124 agreed upon by the Senate and House Offices of Human Resources. [Amended Jan. 6, 18 82; Jan. 5, 18 83;
125125 Jan. 7, 18 84; Jan. 8 and 26, 1885; Jan. 8, 18 86; Jan. 12, 18 87; Jan. 9, 18 88; Jan. 28, 18 89; Jan. 8, 18 90; Feb. 2, 18 91; Jan. 11
126126 and Feb. 10, 18 92; Feb. 7, 18 93; Jan. 8. 1894; Jan. 7, 18 95; Jan. 7, 18 96; Jan. 11, 18 97; Jan. 10, 18 98; Jan. 9, 18 99; Jan. 22
127127 and 29, 1901; Jan. 6, 19 02; Jan. 9, 19 03; Jan. 8, 19 04; Jan. 6, 19 05; Jan. 4, 19 07; Jan. 5, 19 10; Jan. 4, 19 11; Jan. 1, 19 13;
128128 Jan. 12, 19 14; Jan. 2, 19 18; Jan. 1 and 8 and Feb. 21, 1919; Jan. 7, 19 20; Jan. 5, 19 21; April 17 and 30, 1925; Jan. 5, 19 27;
129129 Jan. 7, 19 31; Jan. 6, 19 37; Jan. 4, 19 39; Jan. 1, 19 41; Jan. 3, 19 45; Jan. 2, 19 46; Jan. 6, 19 47; Feb. 1, 19 49; Jan. 7, 19 53;
130130 Jan. 7, 19 59; Jan. 30, 19 61; Jan. 7, 19 63; Jan. 12, 19 65; Feb. 24, 19 65; Mar. 10, 19 66; Jan. 30, 19 67; Jan. 7, 1971 ; July 23,
131131 1974 ; Sept. 30 and Oct. 12, 1976 ; Nov. 3, 1981 ; Dec. 21, 1981 ; Mar. 15, 1982 ; Oct. 3, 1983 ; June 3, 1985 ; Jan. 25 and Mar.
132132 14, 1988 ; Mar. 27, 1995 , June 12, 1995 ; July 17, 2003 ; Jan. 26, 2005; July 21 and September 20, 2005; Feb. 20, 2007; Feb 12,
133133 2009; Feb. 15, 2017; Mar 7, 2019; Mar. 25, 2021.]
134134 1A. All meetings of joint committees acting concurrently, Senate and House standing
135135 committees, special committees of the Senate and House of Representatives, and joint special
136136 committees and committees of conference on the disagreeing votes of the 2 branches shall be
137137 open to the public, unless a majority shall vote otherwise. [Adopted July 17, 1973. Amended July 18, 1974;
138138 Feb. 12, 2009.]
139139 1B. A joint standing committee shall hold a public hearing on each matter referred to it in each
140140 legislative session. The bill sponsor shall provide the committee a comprehensive summary of
141141 said bill prior to the hearing. Said summary shall be made available along with the text of the bill
142142 on the website of the general court; provided said summary shall disclose that the summary was
143143 created by the sponsor of the bill and the committee does not certify the accuracy of its contents;
144144 provided further nothing in this rule shall prevent a joint standing committee from completing its
145145 own summary and making said summary publicly available. [Adopted June 3, 1985; Amended Feb. 12,
146146 2009.]
147147 1C. All joint standing committees shall schedule committee hearings upon agreement of the
148148 chairs and so as not to conflict, to the extent feasible, with the schedules of other committees
149149 and, to the extent feasible, the day of the week and times during that day set aside for formal
150150 sessions by the respective branches.
151151 Hearings shall be made available on a platform that permits remote public participation from
152152 outside the hearing room through audio and video technology; provided, however, the chairs
153153 may by agreement waive this requirement for technological, operational or logistical reasons.
154154 Chairs shall schedule hearings that offer remote participation through Legislative Information
155155 Services and the Sergeant-at-Arms. Members of the committee may participate remotely and
156156 shall have the same privileges, rights and responsibilities as if the member were physically
157157 present at the hearing location, and other members may offer remote testimony before 6
158158 committees of which they are not a member. The agenda for such a hearing shall specify how
159159 members of the public may access , monitor and participate in the remote aspect of the meeting.
160160 Nothing contained herein shall limit the ability of a committee to meet in executive session,
161161 prevent disruption or maintain decorum during the hearing. Committees may adopt rules to
162162 govern the orderly and efficient operation of such hearings.
163163 [Adopted June 3, 1985; Amended June 12, 1995; Mar. 7, 2019.]
164164 1D. All hearings of joint standing committees, and special joint committees of the Senate and
165165 House of Representatives, shall be open to the public, and any person shall be permitted to attend
166166 any such hearing unless such committee convenes in executive session; provided however that
167167 prior to entering executive session said committee shall state its purpose in executive session and
168168 take a public vote to enter said executive session.. All joint standing committees shall determine
169169 a schedule for committee hearings in accordance with 1C. These committee schedules shall be
170170 submitted to the Clerk of the House and Senate who shall cause them to be published on the
171171 official website for the General Court. Establishment of such schedules shall not preclude joint
172172 standing committees from scheduling additional hearings or meetings as needed. All joint
173173 standing committees, and special joint committees of the Senate and House of Representatives,
174174 shall notify the Sergeant-at-Arms of the time, place and agenda of all public hearings not less
175175 than 5 days prior to the time of such meetings. The 5 day requirement shall be suspended in an
176176 emergency only after all reasonable efforts have been made to contact all committee members
177177 and upon a recorded vote of at least a majority of the members of each branch appointed to the
178178 committee, but not less than two-thirds of the members of each branch voting. If public
179179 testimony is being solicited, agendas shall include an electronic mail address or other mechanism
180180 for the submission of testimony and shall inform the public that testimony received may be made
181181 publicly available. Any such public testimony received by the committee that is readily capable
182182 of being reproduced shall be made available on the general court website; provided, however,
183183 that the committee chair or testifier may redact such public testimony that includes sensitive
184184 personal information or information that may jeopardize health, wellness or safety; provided
185185 further, the committee on rules shall promulgate guidance for committees to ensure the
186186 disclosure of relevant information and the non-disclosure of inappropriate material. If expert
187187 testimony is being solicited by the committee, the committee shall make reasonable efforts to
188188 promote the diversity of expert witness panels. 7
189189 Nothing contained in this rule shall prohibit a joint standing committee or special joint
190190 committee of the Senate and the House of Representatives from taking appropriate action
191191 including, but not limited to, the exclusion of a person from a committee meeting in order to
192192 prevent the disruption of or interference with committee proceedings. All meetings of joint
193193 standing committees, and special joint committees of the Senate and House of Representatives,
194194 shall be limited to no more than 50 bills to be discussed in a hearing, unless it can be determined
195195 that all of the bills being considered are of the same subject matter.
196196 A meeting of a committee may be recorded by a person in attendance by means of a recorder or
197197 any other means of audio/visual reproduction except when a meeting is held in executive session;
198198 provided, that a person seeking to record a meeting of a committee notifies the Chairs of the
199199 committee prior to commencing such recording; and provided further, that during such recording
200200 there is no interference with the conduct of the meeting.
201201 The Chairs of each committee shall preserve decorum and order during each committee hearing.
202202 The use of visual aids including, without limitation, posters, displays, or charts shall be permitted
203203 only upon approval of the Chairs.
204204 Joint Committees may receive testimony from public officials out of the regular order of
205205 participation; provided, however, that if a committee follows such a practice, public officials of
206206 Indigenous communities shall be treated accordingly.
207207 At any time after a matter has had a public hearing, a co-chair of a Committee may initiate a vote
208208 thereon if the matter is filed in the branch of said chair. Said vote shall be taken from each
209209 member of the branch of said chair, and if a majority of the members of said branch voting on
210210 the matter vote in support of the matter, then the bill shall be reported favorably and referred to
211211 the branch of origination unless it is a money bill, in which case said bill shall be referred to the
212212 House of Representatives. The Senate chair and the senate members of the committee shall have
213213 no authority or ability to impede the vote on a House bill in the Committee, and the House Chair
214214 and the House members shall have no authority or ability to impede the vote on a Senate bill in
215215 the Committee; provided, however a co-chair shall notify their co-chair prior to a vote. A co-
216216 chair of the Committee shall provide to the members of their branch on the Committee either the
217217 text or comprehensive summaries of the bills or other forms of legislative matters prior to a vote
218218 thereon. Any recorded votes on a favorable or adverse report on an individual bill, taken by roll
219219 call or electronic poll of each member, shall be posted on the website of the General Court.
220220 [Adopted June 3, 1985. Amended June 12, 1995; Feb. 20, 2007; Mar. 14, 2013; Mar. 7, 2019.] 8
221221 1E. The joint standing committee on Health Care Financing shall review all legislation relating
222222 to health care to evaluate the appropriateness and fiscal effect of such legislation. A matter
223223 within the jurisdiction of said committee may, if appropriate, initially be referred to another joint
224224 standing committee sharing jurisdiction of the subject-matter. Any matter reported favorably by
225225 such joint standing committee shall be referred to the joint committee on Health Care Financing;
226226 provided, however, that notwithstanding any rule to the contrary, any such matter so reported
227227 shall not be read a first time in the branch in which the report was received. The next favorable
228228 report on any such matter, if made by a joint committee, may be made to either branch. Such
229229 next favorable report shall be considered the first reading. The branch of origin for any such bill
230230 so reported shall be the branch receiving such favorable report.
231231 For all matters initially referred to the joint committee on Health Care Financing and not
232232 previously referred to another joint committee, the joint committee on Health Care Financing
233233 may make favorable reports to either branch, at the discretion of the committee, except that
234234 reports on money bills shall be made to the House.
235235 In compliance with section 38A of chapter 3 of the General Laws, the joint committee on Health
236236 Care Financing when reporting on bills shall include a fiscal note prepared under section 3A of
237237 chapter 29 of the General Laws, showing the estimated cost or the fiscal effect of the proposed
238238 legislation, if, in the opinion of said committee, such cost or fiscal effect exceeds the sum of
239239 $100,000; provided, however, that any matter reported by the committee on Health Care
240240 Financing with a fiscal effect of less than $100,000 shall not be referred, under the rules, to the
241241 committee on Ways and Means. [Adopted Jan. 26, 2005; Amended May 19, 2005; Feb. 20, 2007; Feb. 12, 2009.]
242242 1F. The joint committee on Bonding, Capital Expenditures and State Assets shall review all
243243 legislation providing for the giving, loaning or pledging of the credit of the Commonwealth (see
244244 Article LXII of the Amendments to the Constitution, as amended by Article LXXXIV). Said
245245 committee shall be responsible for evaluating such legislation and determining the
246246 appropriateness of enacting legislation containing increased bond authorizations for the
247247 Commonwealth. The committee shall periodically review and hold open public hearings,
248248 accepting oral and written testimony on the status of the bonds and notes of the Commonwealth,
249249 including (1) general obligation debt; (2) dedicated income tax debt; and (3) special obligation
250250 debt. The committee shall also, in its continuing study of the state’s bonding practices, review
251251 the Commonwealth’s liabilities relative to (a) state-supported debt; (b) state-guaranteed debt; and
252252 (c) indirect obligations. 9
253253 Any bill providing for borrowing for new projects, and requiring the Commonwealth to issue
254254 bonds for such purpose, shall, prior to its reference to the committee on Ways and Means, be
255255 referred to the committee on Bonding, Capital Expenditures and State Assets for report on its
256256 relationship to the finances of the Commonwealth. A measure may initially be referred to
257257 another joint committee with jurisdiction over the subject matter before being referred to the
258258 committee on Bonding, Capital Expenditures and State Assets; provided, however, that
259259 notwithstanding any rule to the contrary, any such matter so reported shall not be read a first time
260260 in the branch in which the report was received. The next favorable report on any such matter by
261261 the committee on Bonding, Capital Expenditures and State Assets shall be considered the first
262262 reading. The branch of origin for any such bill so reported shall be the branch receiving such
263263 favorable report.
264264 The provisions of Joint Rule 4 shall apply to all matters referred to the joint committee on
265265 Bonding, Capital Expenditures and State Assets, except that where constitutionally prohibited.
266266 The joint committee shall consult with the various agencies of the Executive branch and the
267267 office of the Treasurer and Receiver-General relative to project expenditures, availability of
268268 funds, the sale of new bonds and the resultant debt obligations, federal reimbursements and other
269269 related funding and bonding issues.
270270 The joint committee on Bonding, Capital Expenditures and State Assets shall be authorized to
271271 conduct hearings relative to the statutory authority of the Executive branch and the Treasurer and
272272 Receiver-General in the issuance and sale of bonds and notes and the expenditure of capital
273273 funds by the various agencies and authorities of the Commonwealth. The committee shall
274274 determine whether such laws, administrative regulations and programs are being implemented in
275275 accordance with the intent of the General Court.
276276 The committee on Bonding, Capital Expenditures and State Assets shall be authorized to report
277277 to the General Court from time to time on the results of its hearings and to file drafts of
278278 legislation necessary to carry its recommendations into effect.
279279 Messages from the Governor setting terms of bonds and notes, or for the de-authorization or
280280 authorization of bonds and notes shall be referred to the committee on Bonding, Capital
281281 Expenditures and State Assets. [Adopted Mar. 25, 2021 -- previously omitted ]
282282 1G. The President of the Senate, the Speaker of the House of Representatives, Minority Leader
283283 of the Senate, Minority Leader of the House of Representatives, the Senate and House chairs and 10
284284 the Senate and House ranking minority members of the joint committee on Public Safety and
285285 Homeland Security may receive security clearance from federal and state homeland security
286286 officials in order to be granted access to confidential homeland security briefings, information
287287 and materials. The President of the Senate, the Speaker of the House of Representatives, the
288288 Senate and House committee chairs and the Senate and House ranking minority members may
289289 designate 1 or more members of their staff who may receive such security clearance.
290290 Any person who receives security clearance under this rule shall sign all confidentiality
291291 agreements required by homeland security officials. The breach of any such confidentiality
292292 agreement shall constitute a violation of the Joint Rules of the Senate and House of
293293 Representatives. Any alleged violation of a confidentiality agreement shall be referred for
294294 investigation to the Senate committee on Ethics and Rules or the House committee on Ethics,
295295 respectively, and, if appropriate, to law enforcement authorities for potential criminal
296296 prosecution. [Adopted Jan. 26, 2005; Amended Feb. 12, 2009; Mar. 7, 2019.]
297297 2. No member of either branch shall act as counsel for any party before any committee of the
298298 Legislature.
299299 2A. No member of either branch shall purchase, directly or indirectly, the stock or other
300300 securities of any corporation or association knowing that there is pending before the General
301301 Court any measure specially granting to such corporation or association any immunity,
302302 exemption, privilege or benefit or any measure providing for the creation of, or directly affecting
303303 any, contractual relations between such corporation or association and the Commonwealth. This
304304 rule shall not apply to the purchase of securities issued by the Commonwealth or any political
305305 subdivision of the Commonwealth. [See G.L. chapter 268, section 10.] [Adopted Jan. 16, 1922.]
306306 3. When the General Court is in session, authorization for any joint committee to travel during
307307 the session shall be approved by a vote of two-thirds of the members of each branch present and
308308 voting.
309309 3A. A joint standing committee may, upon the written and signed report of two-thirds of the
310310 members of the Senate and two-thirds of the members of the House appointed to said committee,
311311 report a bill or other form of legislation without said legislation being founded upon petition;
312312 provided, however, that matters so reported shall be germane to the subject matters regularly
313313 referred to the committee. The committee shall hold a public hearing on such bill or other form
314314 of legislation before it is reported. A bill or other form of legislation so reported shall be placed 11
315315 in the Orders of the Day by the Clerk of the respective branch to which it is reported or referred
316316 to a standing committee of said branch under the rules. All reports of committees not founded
317317 upon petition shall bear the designation ‘committee bill’, ‘resolve’, ‘order’ or ‘resolution’, as the
318318 case may be, in the Orders of the Day. Committees to which messages from the Governor,
319319 reports of state officers, boards, committees, commissions and others authorized to report to the
320320 General Court, may report by bill or otherwise such legislation as may be germane to the subject
321321 matter referred to them. [Adopted June 3, 1985.]
322322 4. Favorable reports, and adverse reports on subjects of legislation other than petitions, by joint
323323 committees shall be made to the branch in which the matter was originally introduced except that
324324 reports on money bills shall be made to the House and if adverse reports on matters other than
325325 petitions which are accompanied by money bills are accepted by the House, this shall constitute
326326 final rejection. Adverse reports by joint committees on petitions shall be made to the branch in
327327 which the petition was originally introduced, except that such adverse reports on petitions
328328 accompanied by proposed money bills shall be made to the House; and, if accepted by the branch
329329 in which they are made, shall be considered as a final rejection. When a report is made from any
330330 committee to either branch, and the subject-matter of the report is subsequently referred to a joint
331331 committee, such committee, except for the committee on Health Care Financing, shall report its
332332 action to the branch in which the reference originated. [See also Joint Rule 5.]
333333 [Amended Jan. 3, 1952; April 8, 1959; June 7, 1965; Jan. 7, 1971; March 11, 1974; June 3, 1985; Feb. 20, 2007; Feb. 15, 2017.]
334334 4A. In compliance with section 38A of chapter 3 of the General Laws, all joint committees of the
335335 General Court when reporting on bills referred to them shall include a fiscal note prepared under
336336 section 3A of chapter 29 of the General Laws, showing the estimated cost or the fiscal effect of
337337 the proposed legislation, if, in the opinion of said committee, such cost exceeds $100,000. Such
338338 fiscal note shall be filed electronically in the office of the clerk to which the report is being
339339 made, and shall be promptly made available on the official website of the General Court. [Adopted
340340 Jan. 15, 1973.]
341341 5. Matters reported adversely by joint committees and the committees on Rules of the two
342342 branches, acting concurrently, may be recommitted to the same committees at the pleasure of the
343343 branch acting on the report, and bills or resolves may be recommitted in either branch. If a bill or
344344 resolve is laid aside in either branch for the reason that it is declared to be broader in its scope
345345 than the subject-matter upon which it is based, the subject-matter shall be recommitted to the
346346 committee. A concurrent vote shall, however, be necessary for re-committal, with instructions. 12
347347 After recommitment, report shall, in all cases, be made to the branch originating the
348348 recommitment. [Amended Feb. 2, 1891; April 11, 1935; Jan. 6, 1947; May 7, 19 53; March 26, 1963; Jan. 30, 1967; Jan. 7,
349349 1971; March 11, 1974.]
350350 6. Bills and resolves reported by joint committees shall be presented with spaces between the
351351 several sections and shall be made available to all members electronically and posted on the
352352 general court website. [Amended Jan. 28, 1889; Jan. 9, 1941; Feb. 8, 1949; Feb. 12, 2009.]
353353 Joint Petitions.
354354 6A. A member of the Senate and a member of the House of Representatives may file a joint
355355 petition in either branch and shall endorse their name on the petition and a brief statement of the
356356 nature and object of the instrument and the reading of the instrument shall be dispensed with,
357357 unless specially ordered. The petition shall be filed in the office of the clerk of either the Senate
358358 or House of Representatives, depending on whether it is a ‘Joint Senate/House Petition’ or a
359359 ‘Joint House/Senate Petition’ but the Journal records in the Senate and House of Representatives
360360 shall carry both members’ names as presenters of the petition. If filed in the Senate, the petition
361361 shall be voted upon by Senate members, and if filed in the House of Representatives the matter
362362 shall be voted upon by House members, both in accordance with Joint Rule 1D. [Adopted Jan. 15,
363363 1973.]
364364 7. Whenever, upon any application for an act of incorporation or other legislation, the purpose
365365 for which such legislation is sought can be secured without detriment to the public interests by a
366366 general law or under existing laws, the committee to which the matter is referred shall report
367367 such general law, or ‘ought not to pass’. [Amended Feb. 2, 1891; Feb. 7, 18 93; Jan. 7, 1971.]
368368 7A. A petition for legislation to authorize a county to reinstate in its service a person formerly
369369 employed by it, or to retire or pension or grant an annuity to any person, or to increase any
370370 retirement allowance, pension or annuity, or to pay any sum of money in the nature of a pension
371371 or retirement allowance, or to pay any salary which would have accrued to a deceased official or
372372 employee but for their death, or to pay any claim for damages or otherwise, or to alter the
373373 benefits or change the restrictions of any county retirement or pension law, shall, subsequently to
374374 the procedure required by Senate Rule No. 20 and by House Rule No. 24, be reported adversely,
375375 unless, when filed it be the petition of, or be approved by, a majority of the county
376376 commissioners. [Adopted April 29, 1915. Amended Jan. 13, Feb. 19 and Dec. 22, 1920; May 24, 1926; April 11, 1935;
377377 April 22, 1937; Jan. 12, 1939; Jan. 15, 1945; Feb. 20, 1951; Jan. 30, 1967; Jan. 7, 1971; Jan. 15, 1973; Mar. 7, 2019.] 13
378378 7B. A petition, the operation of which is restricted to a particular city or town (and which does
379379 not affect the powers, duties, etc., of state departments, boards, commissions, etc., or which does
380380 not affect generally the laws of the Commonwealth) and which is not filed in conformity with
381381 Section 8 of Article LXXXIX of the Amendments to the Constitution shall, subsequent to the
382382 procedure required by Senate Rule 20 and House Rule 24, be reported adversely, unless it be on
383383 petition filed or approved by the voters of a city or town, or the mayor and city council, or other
384384 legislative body, of a city, or the town meeting of a town. A joint committee to which is
385385 inadvertently referred a petition or other subject of legislation the operation of which is restricted
386386 to a particular city or town and which is not in conformity with Section 8 of Article LXXXIX of
387387 the Amendments to the Constitution shall report a general law which applies alike to all cities, or
388388 to all towns, or to all cities and towns, or to a class of not fewer than 2; or shall report ‘ought not
389389 to pass’, with the further endorsement that it ‘would be unconstitutional to enact such special
390390 law’.
391391 Any petition that subsequently conforms to Section 8 of Article LXXXIX of the Amendments to
392392 the Constitution after filing, which have followed the procedures set forth in Senate Rule 20 or
393393 House Rule 24, shall be forthwith reported from the committee on Rules and be referred by the
394394 Clerk to an appropriate committee. [Adopted Jan. 13, 1920. Amended Feb. 19 and Dec. 22, 1920; May 24, 1926;
395395 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
396396 ; Jan. 15, 1973; March 14, 2013.]
397397 7C. The local approval vote required to file a petition, the operation of which is restricted to a
398398 particular city or town under Section 8 of Article LXXXIX of the Amendments to the
399399 Constitution of the Commonwealth, shall expire at the conclusion of the final day of the next
400400 immediate biennial session following the local approval vote by the city or town and in such
401401 circumstances no additional vote shall be required to file a petition unless a vote to rescind such
402402 approval is passed by the voters of a city or town, or the mayor and city council or other
403403 legislative body of a city, or the select board and the town meeting or other legislative body of
404404 the town. [Adopted, Mar. 14, 2013; Amended Feb. 15, 2017.]
405405 7D. The approval of a substantive amendment to a petition restricted to a single city or town and
406406 requiring a vote of the city of town before enactment of the petition shall be provided to the
407407 General Court before the enactment of the petition and shall be reviewed by House Counsel and
408408 Senate Counsel prior to the enactment of the petition in either branch. [Adopted , Feb. 15, 2017.]
409409 Notice to Parties Interested. 14
410410 8. No legislation affecting the rights of individuals or the rights of a private or municipal
411411 corporation, otherwise than as it affects generally the people of the Commonwealth or the people
412412 of the city or town to which it specifically applies, shall be proposed or introduced except by a
413413 petition, nor shall any bill or resolve embodying such legislation be reported by a committee
414414 except upon a petition duly referred, nor shall such a bill or resolve be reported by a committee,
415415 whether on an original reference or on a re-committal with instructions to hear the parties, until it
416416 is made to appear to the satisfaction of the committee that proper notice of the proposed
417417 legislation has been given by public advertisement or otherwise to all parties interested, without
418418 expense to the Commonwealth, or until evidence satisfactory to the committee is produced that
419419 all parties interested have in writing waived notice. A committee reporting adversely due to lack
420420 proper notice or of a waiver of proper notice shall so state in its report and no bill or resolve shall
421421 be in order as a substitute for, or amendment of, such report. Objection to the violation of this
422422 rule may be taken at any stage prior to that of the third reading. [Adopted Feb. 7, 1890. Amended Dec. 22,
423423 1920 ; Jan. 12, 1939 ; Jan. 15, 1945; Jan. 7, 1971.]
424424 9. A petition for the incorporation of a city or town, for the annexation of 1 municipality to
425425 another, for the consolidation of 2 or more municipalities or for the division of an existing
426426 municipality, or for the incorporation or revival of a railroad, street railway, elevated railroad,
427427 canal, telephone, telegraph, water, gas, electric light, power or other public service corporation,
428428 for the amendment, alteration or extension of the charter or corporate powers or privileges, or for
429429 the change of name, of any such company, whether specially incorporated or organized under the
430430 General Laws, or for authority to take water for a water supply, or relative to building structures
431431 in or over navigable or tide waters, shall be placed on file, and not referred to a committee ,
432432 unless the petitioner has given the notice and followed the procedure required by section 5 of
433433 chapter 3 of the General Laws. But if, no objection being raised, any such petition is referred to a
434434 committee without such required notice or procedure, the committee shall forthwith report
435435 adversely, setting forth as the reason for such report failure to comply with the law, unless
436436 evidence satisfactory to the committee is produced that all parties interested have in writing
437437 waived notice. In case a bill or resolve is reported upon such a petition, after proof of such
438438 waiver of notice, this fact shall be set forth in the report of the committee. When an adverse
439439 report is made by a committee, on account of failure to give the required notice, no bill or resolve
440440 shall be substituted for such report, nor shall such report be recommitted or referred to another
441441 committee. 15
442442 A petition for the establishment or revival, or for the amendment, alteration or extension of the
443443 charter or corporate powers or privileges, or for the change of name, of any corporation, except a
444444 petition subject to the preceding paragraph, shall be transmitted by the Clerk of the branch in
445445 which it is filed to the office of the State Secretary. If such a petition is returned by said
446446 Secretary with a statement that the petitioner has failed to comply with the requirements of
447447 section 7 of chapter 3 of the General Laws, said petition shall be placed on file, and shall not be
448448 referred to a committee.
449449 Any petition placed on file for want of proper notice or procedure under this rule shall not affect
450450 action upon any other measure involving the same subject matter. [Adopted Feb. 7, 1890. Amended Feb. 2,
451451 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,
452452 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,
453453 2019.]
454454 Limit of Time allowed for Reports of Committees.
455455 10. All joint committees and the committees on Rules of the two branches, acting concurrently,
456456 shall make final report not later than the first Wednesday in December of the first annual session
457457 of the General Court on all matters referred to them before the first day of October of the first
458458 annual session and within 60 days on all matters referred to them on and after the first day of
459459 October of the first annual session of the General Court except that the committee on Health
460460 Care Financing shall make final report not later than the last Wednesday of January of the second
461461 annual session on all matters referred to them on or before the fourth Wednesday of December of
462462 the first annual session and within 60 days on all matters referred to it after the fourth
463463 Wednesday in December of the first annual session of the General Court. When the time within
464464 which said committees are required to report has expired, all matters upon which no report has
465465 then been made shall forthwith be reported by the chair of the committee on the part of the
466466 branch in which they were respectively introduced, with an adverse recommendation under this
467467 rule. If the chair fails to make such report by the end of the legislative day next following the
468468 expiration date, all matters remaining unreported shall be placed in the Orders of the Day by the
469469 Clerk of the branch in which the matter was originally filed with an adverse report under this
470470 rule. Matters which have been referred under Joint Rule 29, upon which the chairs of the
471471 committees on Rules fail to make a report, shall be placed by the respective Clerks in the Orders
472472 of the Day of the branch in which the subject matter was referred to said committees.
473473 Committees to whom are referred subjects of legislation may combine petitions of similar 16
474474 subject matter, or other forms of legislation of similar subject matter, into 1 adverse report, and
475475 the report on the petition shall be that said petitions or other forms of legislation ‘ought NOT to
476476 pass,’ and if the report is accepted, all the matters contained in the report shall be disposed of.
477477 However, petitions upon which an adverse report is accepted in only 1 branch may not be
478478 combined with other subjects of legislation upon which adverse reports must be accepted, in
479479 concurrence. This rule shall not apply to petitions referred to the committees on Rules of the two
480480 branches, acting concurrently, under the second paragraph of Joint Rule 12. This rule shall not be
481481 rescinded, amended or suspended, except by a concurrent vote of four-fifths of the members of
482482 each branch present and voting thereon. Notwithstanding Joint Rule 30, this rule shall not be
483483 rescinded, amended or suspended more than 3 times except by unanimous consent. [Amended Feb. 2,
484484 1891; Jan. 25, 1894; Jan. 16, 1903; Jan. 20, 1904; Dec. 22, 1920; April 17, 1925; Jan. 12, 1939; Jan. 15, 1945; Jan. 6, 1947; May
485485 7, 1953; Jan. 27, 1955; Jan. 30, 1967; Jan. 7, 1971; Feb. 4, 1974, June 12, 1995; July 17, 2003; Feb. 20, 2007; Feb. 12, 2009; Feb.
486486 15, 2017; Mar. 7, 2019.]
487487 10A. The form for all subjects of legislation receiving a favorable report shall be ‘ought to pass.’
488488 The form for all subjects of legislation receiving an adverse report shall be ‘ought NOT to pass.’
489489 A committee to whom is referred any other matter may report recommending that the same be
490490 placed on file. [Adopted Jan. 7, 1971.]
491491 Committees of Conference.
492492 11. Committees of conference shall consist of 3 members on the part of each branch, one
493493 member of each branch being a member of the minority party representing its vote; and their
494494 report, if agreed to by a majority of each committee, shall be made to the branch asking for the
495495 conference, and may be either accepted or rejected, but no other action shall be had, except
496496 through a new committee of conference.
497497 Committees of conference to whom are referred matters of difference in respect to bills or
498498 resolves, shall, after filing their reports, but before consideration by either branch, have the same
499499 approved or discharged by each committee on Bills in the Third Reading.
500500 Meetings of committees of conference on the disagreeing votes of the 2 branches shall be open to
501501 the public, unless a majority of each conference shall vote otherwise; provided, however no such
502502 vote shall be in order at the first duly noticed public meeting of said conference. [Amended April 22,
503503 1937; Feb. 12, 2009; Feb. 3, 2011; Feb. 15, 2017; Mar. 7, 2019.]
504504 11A. Committees of conference to whom are referred matters of difference in respect to
505505 appropriation bills, including capital outlay programs, shall, after filing their reports but before 17
506506 consideration by either branch have the same approved or discharged by each committee on Bills
507507 in the Third Reading.
508508 Upon the report of a committee of conference to whom matters of difference in respect to any
509509 appropriation bill or in respect to any bill providing for capital outlay programs and projects are
510510 referred, the clerk of the branch requesting said committee of conference shall make available to
511511 members of the General Court a list of the matters in disagreement identified by item number
512512 and item purpose and showing the amount made available by each branch of the General Court,
513513 and any other matters in disagreement and the position of each of the said branches.
514514 The report of said committee of conference shall consist of the matters of difference so referred and so identified, showing the amounts appropriated by each of the said branches and other
515515 matters in disagreement and the position of each branch with respect to those matters, and shall
516516 state said committee's recommendations with respect to the matters so referred. Matters on which
517517 there exists no disagreement between the branches shall not be disturbed by the committee on
518518 conference.
519519 The committees on ways and means of each branch of the General Court shall assist such
520520 committee of conference in any and all matters necessary to the preparation and completion of its
521521 report. [Adopted July 30, 1974; Amended Oct. 3, 1983; Feb. 3, 2011.]
522522 11B. No report from a committee of conference shall be considered or acted upon by either
523523 branch until the 2
524524 nd
525525 calendar day following the day on which said report was filed and made
526526 available to the public and to the members of the General Court. [Adopted Oct. 3, 1983. Amended July 17,
527527 2003; July 21 and September 20, 2005; Feb. 3, 2011.]
528528 11C. Reports, other than those filed under Rule 11A, from a committee of conference shall,
529529 whenever practicable, be accompanied by a summary which shall be filed with the clerk. [Adopted
530530 Feb. 12, 2009; Feb. 3, 2011.]
531531 11D. Upon the filing of a report by a committee of conference, pursuant to Joint Rule 11B, the
532532 clerk of the branch in which the committee of conference filed its report shall make the report
533533 and the summary of the report available to all members electronically and to the public on the
534534 official website of the General Court . [Adopted Feb. 12, 2009; Feb. 3, 2011.]
535535 11E. Subsequent to the filing of a report of a committee of conference, an addendum may be
536536 submitted to the clerk of the branch in which the report had been filed. The addendum shall
537537 indicate that it contains only matters inadvertently omitted from or included in the report, and 18
538538 shall be signed by all of members of the House and Senate who had signed the conference
539539 committee report. The addendum shall be approved by both the Counsel to the House and the
540540 Counsel to the Senate. The addendum, having been approved by both the Counsel to the House
541541 and the Counsel to the Senate, shall be posted to the official website of the General Court
542542 immediately upon receipt by the clerk of the branch to which it was submitted. [Adopted Mar. 14,
543543 2013.]
544544 Limit of Time allowed for New Business.
545545 12. Resolutions intended for adoption by both branches of the General Court, petitions, and all
546546 other subjects of legislation, shall be deposited with the Clerk of either branch prior to 5 p.m. on
547547 the third Friday in January of the first annual session of the General Court.
548548 All such matters except messages from the Governor, reports required or authorized to be made
549549 to the General Court and petitions filed or approved by the voters of a city or town, or the mayor
550550 and city council, or other legislative body of a city, or the town meeting of a town, for the
551551 enactment of a special law under Section 8 of Article LXXXIX of the Amendments to the
552552 Constitution and which do not affect the powers, duties, etc., of state departments, boards,
553553 commissions, etc., or which do not affect generally the laws of the Commonwealth deposited
554554 with the respective clerks subsequent to 5 p.m. on the third Friday of January of the first annual
555555 session of the General Court shall be referred by the Clerks to the committees on the Rules of the
556556 two branches, acting concurrently. No such matter shall be admitted for consideration except on
557557 report of the committees on Rules of the two branches, acting concurrently, and then upon
558558 approval of two-thirds of the members of each branch voting thereon. Matters upon which
559559 suspension of Joint Rule 12 has been negatived shall be placed on file.
560560 At any special session called under Rule 26A, however, matters relating to the facts constituting
561561 the necessity for convening such session shall, if otherwise admissible, be admitted as though
562562 filed seasonably under the first sentence of this rule. Any recommendations from the Governor
563563 shall be similarly considered. This rule shall not be rescinded, amended or suspended, except by
564564 a concurrent vote of two-thirds of the members of each branch present and voting thereon.
565565 [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;
566566 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,
567567 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.
568568 26, 2005; July 17, 2003; Jan. 26, 2005; July 21, 2005; Sept. 20, 2005; Feb. 12, 2009.] 19
569569 12A. All formal business of the first annual session of the General Court shall be concluded not
570570 later than the third Wednesday in November of that calendar year and all formal business of the
571571 second annual session shall be concluded not later than the last day of July of that calendar year;
572572 provided, however, the House of Representatives and the Senate may convene for formal
573573 business solely for the purposes of considering conference committee reports filed under the
574574 provisions of Joint Rules 11 and 11A at any time in the 2-year legislative session .
575575 Unfinished Business of the Session.
576576 12B. Any matter pending before the General Court at the end of the first annual session shall
577577 carry over into the second annual session of the same General Court in the same legislative status
578578 as it was at the conclusion of the first annual session; provided, however, that any measure
579579 making or supplementing an appropriation for a fiscal year submitted to or returned to the
580580 General Court by the Governor, under Article LXIII of the Amendments to the Constitution, in
581581 the first annual session shall cease to exist upon the termination of the first annual session.
582582 [Adopted June 12, 1995.]
583583 Papers to be deposited with the Clerks.
584584 13. Information intended for presentation to the General Court by any Representative or Senator
585585 shall be deposited with the Clerk of the branch to which the member belongs; and all such
586586 information, unless they be subject to other rules or of the rules of the Senate or House, shall be
587587 referred by the Clerk, with the approval of the President or Speaker, to appropriate committees,
588588 subject to such changes as the Senate or House may make. The reading of information so
589589 referred may be dispensed with, but they shall, except as provided in these rules, be entered in
590590 the Journal of the same on the next legislative day after such reference.
591591 A member may include a brief statement of intent with all papers intended for presentation to the
592592 General Court. Upon a favorable report by a joint standing committee, a committee may include
593593 a brief written statement of intent. Said statement shall be dated and shall include the scope of
594594 the matter presented for consideration; provided, however, this rule shall not be construed to
595595 require the presentation of such statement of intent under this rule. [Adopted Feb. 7, 1890. Amended Feb.
596596 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.]
597597 Dockets of Legislative Counsel and Agents. 20
598598 14. The committees on Rules of the two branches, acting concurrently, may prescribe the manner
599599 and form of keeping the dockets of legislative agents which are required by law. [Adopted Feb. 2,
600600 1891; Amended Feb. 19, 1920.]
601601 Duties of the Clerk.
602602 15. If any part of the report of a committee over the signature of the chair or members of the
603603 committee is amended in either branch, the Clerk of that branch shall endorse upon the report
604604 such amendment. [Amended Mar. 7, 2019.]
605605 16. All papers, while on their passage between the 2 branches, may be under the signature of the
606606 respective Clerks, except as to the adopting of emergency preambles and the final passage of
607607 bills and resolves. Messages may be sent by such persons as each branch may direct. [Amended Feb.
608608 21, 1919.]
609609 17. After bills and resolves have passed both branches to be engrossed, they shall be in the
610610 charge of the Clerks of the 2 branches, who shall prepare the same for final passage in the
611611 manner prescribed by law; and when so prepared the same shall be delivered to the Clerk of the
612612 House of Representatives; and when the bills have been passed to be enacted or the resolves have
613613 been passed in the House, they shall, in like manner, be delivered to the Senate Clerk and
614614 Parliamentarian. If a bill or resolve contains an emergency preamble, it shall be delivered in like
615615 manner, to the Senate after the preamble has been adopted by the House of Representatives and
616616 before the bill or resolve is put upon its final passage in that branch. If the Senate concurs in
617617 adopting the preamble, the bill or resolve shall be returned to the House to be there first put upon
618618 its final passage, under Joint Rule No. 22. [Amended Feb. 24, 1914; Feb. 21, 1919; Jan. 7, 1971.]
619619 18. [Omitted in 1971.]
620620 19. The Clerk of the branch in which a bill or resolve originated shall make an endorsement on
621621 the envelope of the engrossed copy of the bill, certifying in which branch the bill originated,
622622 which endorsement shall be entered on the journals by the Clerks respectively. [Amended Jan. 28,
623623 1889; Feb. 24, 1914.]
624624 20. Bills, resolves and other papers requiring the approval of the Governor shall be laid before
625625 the Governor for the Governor’s approbation by the Senate Clerk and Parliamentarian, who shall
626626 enter upon the journal of the Senate the day and date on which the same were so laid before the
627627 Governor. [Amended Jan. 28, 1889; Jan. 7, 1971.]
628628 Presentation and Distribution of Documents. 21
629629 21. The committees on Rules of the two branches, acting concurrently, may establish regulations
630630 for the distribution of bills, reports or other documents. Bills, reports or other documents shall be
631631 made available to members electronically and, except for petitions or other documents not
632632 assigned bill numbers, published on the Internet. The committees on Rules of the two branches,
633633 acting concurrently, may make such changes pertaining to the availability of bills, reports or
634634 other documents as they deem necessary for expediting the work of the legislature.
635635 The Clerks of the House of Representatives and the Senate shall be responsible for publishing
636636 the journals of their respective chamber, the book Public Officers of Massachusetts, the
637637 committee book and any other publications per order of the committees on Rules. [Amended Jan. 8,
638638 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.]
639639 Emergency Measures.
640640 22. The vote on the preamble of an emergency law, which under the requirements of Article
641641 XLVIII, as amended by Article LXVII of the Amendments of the Constitution shall, upon
642642 request of 2 members of the Senate or of 5 members of the House of Representatives, be taken
643643 by call of the yeas and nays, shall be had after the proposed law has been prepared for final
644644 passage; and neither branch shall vote on the enactment of a bill or on the passage of a resolve
645645 containing an emergency preamble until it has been determined whether the preamble shall
646646 remain or be eliminated. If the bill contains an emergency preamble, a motion to amend the bill
647647 may be received in either branch before the adoption of the emergency preamble, and the
648648 amendment may contain a new emergency preamble. If the 2 branches concur in adopting the
649649 preamble, the bill or resolve shall first be put upon its final passage in the House of
650650 Representatives. If either branch fails to adopt the preamble, notice of its action shall be sent to
651651 the other branch; and the bill or resolve, duly endorsed, shall again be prepared for final passage
652652 without the preamble and without any provision that the bill or the resolve shall take effect
653653 earlier than 90 days after it has become law. Procedure shall be otherwise under the joint rules
654654 and the rules of the Senate and the House of Representatives. [Adopted Feb. 21, 1919. Amended Jan. 30,
655655 1923; Jan. 7, 1971; Feb. 20, 2007; Feb. 12, 2009.]
656656 22A. Bills and resolves passed to be engrossed by both branches and before being transmitted by
657657 the clerks to the Legislative Engrossing Division shall be made available to the committees on
658658 Bills in the Third Reading of the two branches, acting jointly, who, in consultation with Counsel
659659 to the Senate and Counsel to the House, shall examine them to ensure accuracy in the text; that
660660 the legislation is correct as to form; that references to previous amendments to any particular law 22
661661 are correct and to ensure proper consistency with the language of existing statutes. These
662662 committees, with the approval of the majority and minority leadership of both branches may
663663 make corrections which are not substantive in nature. The clerks of both branches shall be
664664 immediately notified, in writing, of any such changes. Errors discovered by the committees of a
665665 substantive nature shall be reported to the General Court, which in turn shall take appropriate
666666 action under its rules. Upon completion of examination and possible correction of any such bills
667667 and resolves, the bills and resolves shall be returned to the clerks, who in turn, shall transmit
668668 them to the Legislative Engrossing Division to be prepared for final passage. [Adopted Sept. 16, 1971.]
669669 Legislative Amendments to the Constitution.
670670 23. All proposals for amendments to the Constitution referred to a joint committee on the first
671671 annual session of the General Court shall be reported by said committee not later than the last
672672 Wednesday of April in said year, and proposals for amendments to the Constitution referred to a
673673 joint committee subsequent to the last Wednesday in April of the first annual session shall be
674674 reported by said committee not later than the last Wednesday of April in the second session of
675675 the same General Court. The committee shall file its report, either recommending that the
676676 proposal ought to pass or ought not to pass, with any official papers in its possession that relate
677677 thereto, with the Clerk of the Senate. When the time within which said committees are required
678678 to report has expired, all matters upon which no report has been made shall forthwith be placed
679679 in the Journal of the respective branches, with an adverse report under this rule; and shall then be
680680 placed on file in the office of the Clerk of the Senate. For further information of the members of
681681 the Senate and House of Representatives, the respective Clerks shall also place all such matters
682682 under a separate heading in the Calendar of each branch, as soon as is practicable. In each branch
683683 the report shall be read and forthwith placed on file; and no further legislative action shall be
684684 taken on the measure unless consideration in joint session is called for by vote of either branch,
685685 under Section 2 of Part IV of Article XLVIII (as amended by Article LXXXI) of the
686686 Amendments to the Constitution. A joint committee to which is referred any recommendation for
687687 an amendment to the Constitution made by the Governor or contained in a report authorized to
688688 be made to the General Court may report on the recommendation a proposal for a legislative
689689 amendment, which shall be deemed to have been introduced by the member of the Senate who
690690 reports for the committee; and the procedure as regards reporting, filing and subsequent action
691691 shall be that provided for legislative amendments by this rule. Or the joint committee may report
692692 ought not to pass for the reason that no legislation is necessary or that the recommendation ought 23
693693 not to pass; and in such cases the usual procedure as regards similar reports by joint committees
694694 shall be followed. If such an adverse report is amended in the Senate by substituting a proposal
695695 for a legislative amendment, notice of the Senate's action shall be sent to the House and said
696696 proposal, together with the official papers relating to the subject, shall be in the custody of the
697697 Clerk of the Senate; and if said report is so amended in the House, the proposal, duly endorsed,
698698 together with the other papers, shall be sent to the Senate for its information and shall be kept in
699699 the custody of its Clerk. No further legislative action shall be taken in either branch on a proposal
700700 so substituted unless consideration in joint session is called for under the Constitution. If either
701701 branch calls for the consideration of any proposal in joint session, notice of its action shall be
702702 sent to the other branch; and it shall then be the duty of the Senate and the House of
703703 Representatives to arrange for the holding of the joint session not later than the second
704704 Wednesday in May. Subject to the requirements of the Constitution, joint sessions or
705705 continuances of joint sessions of the 2 branches to consider proposals for specific amendments to
706706 the Constitution, and all rules or procedures, shall be determined only by concurrent votes of the
707707 2 branches. The rules relative to joint conventions shall apply to the joint sessions of the 2
708708 houses. [Adopted Feb. 21, 1919. Amended March 30, 1921; April 11, 1935; Jan. 12, 1939; Jan. 15, 1945; Nov. 9, 1951; Jan.
709709 15, 1973; July 1, 1974; Feb. 12, 2009.]
710710 Executive Reorganization Plans.
711711 23A. Any reorganization plan, accompanied by a bill, submitted by the Governor under Article
712712 LXXXVII of the Amendments to the Constitution shall be referred by the Clerks of the Senate
713713 and the House, with the approval of the President and Speaker, to a joint standing committee
714714 within 5 days of the presentation of the reorganization plan.
715715 Said committee, to which is referred any such reorganization plan, shall, as required by said
716716 Article, not later than 30 days after the presentation of such plan by the Governor, hold a public
717717 hearing on the reorganization plan; and shall not later than 10 days after such hearing report that
718718 it either approves or disapproves such plan.
719719 When recommending action, the committee shall make, in each branch, a separate report of its
720720 recommendations, and shall file said report together with the committee's recommendations and
721721 the reasons for those recommendations, in writing. Majority and minority reports shall be signed
722722 by the members of said committee. Any official papers in the possession of said committee that
723723 relate thereto shall be filed with the Clerk of the Senate. 24
724724 If the committee recommends favorable action, the report shall be that the reorganization plan
725725 ‘ought to be approved’. If the committee recommends adverse action, the report shall be that the
726726 reorganization plan ‘ought NOT to be approved’. In each instance, the question shall be ‘Shall
727727 this reorganization plan be approved?’
728728 In each branch, the report shall be read and forthwith recorded in the Journal. On the legislative
729729 day next following the Journal record, the report shall be placed in the Orders of the Day of the
730730 Senate and the House.
731731 When the time within which a joint committee is required to report on a reorganization plan has
732732 expired, a matter upon which no report has been made shall forthwith be placed in the Orders of
733733 the Day by the Clerks of each branch and the question shall be ‘Shall this reorganization plan be
734734 approved?’.
735735 When such plan is before either branch, no motion relating to said plan shall be allowed except
736736 the motions to lay on the table (only in the Senate), to postpone to a time certain, or to commit or
737737 recommit (at the pleasure of either branch). The motions to take a recess, to adjourn, the previous
738738 question (if provided in the branch debating the issue), to close debate at a specified time, and
739739 the motion to reconsider shall also be in order.
740740 A motion to discharge any committee to which is referred or to which is recommitted a
741741 reorganization plan shall not be in order prior to the expiration of 40 days after the Governor's
742742 presentation of such plan. After the expiration of said 40 days, a motion to discharge a committee
743743 shall be decided by a majority vote of the branch in which the motion is made.
744744 Unless disapproved by a majority vote of the members of either of the 2 branches of the General
745745 Court present and voting, the General Court not having prorogued within 60 days from the date
746746 of presentation by the Governor, the plan shall be approved and shall take effect as provided by
747747 Article LXXXVII of the Amendments to the Constitution.
748748 Within 7 days of the expiration of the 60 days from the date of presentation of said plan by the
749749 Governor, unless the question has already been decided, the Clerks of the Senate and House of
750750 Representatives shall place the plan in the Orders of the Day; and no motions except the motions
751751 to take a recess, to adjourn, and previous question, or to close debate at a specified time, shall be
752752 in order. 25
753753 No such reorganization plan presented to the General Court shall be subject to change or
754754 amendment before expiration of such 60 days. [Adopted June 13, 1967; Amended March 27, 1969; June 12,
755755 1995; Feb. 12, 2009.]
756756 Joint Conventions.
757757 24. The President of the Senate shall preside in Conventions of the 2 branches, and such
758758 Conventions shall be held in the Representatives' Chamber; the Senate Clerk and Parliamentarian
759759 shall be the Clerk of the Convention, and a record of the proceedings of the Convention shall be
760760 entered at large on the journals of both branches. [Amended Feb. 20, 2007.]
761761 25. When an agreement has been made by the 2 branches to go into Convention, such agreement
762762 shall not be altered or annulled, except by concurrent vote, excepting that it shall be in order to
763763 recess the convention from time to time upon a majority vote of said convention. [Amended Jan. 7,
764764 1971.]
765765 26. No business shall be entered on, in Convention, other than that which may be agreed on
766766 before the Convention is formed.
767767 Joint Elections.
768768 27. In all elections by joint ballot a time shall be assigned for such election at least 1 day
769769 previous to such election.
770770 27A. In all cases of elections by ballot a majority of the votes cast shall be necessary for a
771771 choice, and where there shall be no such a majority on the first ballot the ballots shall be repeated
772772 until a majority is obtained; and in balloting, blanks shall be rejected and not taken into the count
773773 in the enumeration of votes, excepting that when the number of blanks shall be more than the
774774 number of votes received by the candidate having the highest number of votes, then the election
775775 shall be declared void and the balloting shall be repeated as provided herein. [Adopted March 27,
776776 1969.]
777777 28. [Omitted March 28, 1972 .]
778778 References to the Committees on Rules.
779779 29. All motions and orders authorizing joint committees to travel or to employ stenographers, or
780780 authorizing joint committees or special commissions composed as a whole or in part of members
781781 of the General Court to make investigations or to file special reports, all propositions reported by
782782 joint committees which authorize investigations or special reports by joint committees or by 26
783783 special commissions composed as a whole or in part of members of the General Court, all
784784 motions or orders proposed for joint adoption which provide that information be transmitted to
785785 the General Court, and all matters referred under the second paragraph of Joint Rule 12, shall be
786786 referred without debate to the committees on Rules of the two branches acting concurrently, who
787787 shall report on the matter, under Joint Rule 10. All matters which have been referred under this
788788 rule shall, in each instance, be reported back into the branch making such reference. [Adopted Jan.
789789 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.
790790 30, 1967; Oct. 18, 1971.]
791791 29A. Meetings of any special commission, special legislative commission, task force or other
792792 group authorized or required by a statute, resolve, rule, or order to make or conduct an
793793 investigation or study of any issue shall be conducted openly and transparently. Meetings of any
794794 special commission, special legislative commission, task force or other group authorized or
795795 required by a statute, resolve, rule, or order to make or conduct an investigation or study of any
796796 issue and which are chaired by members of the general court shall be posted and conducted
797797 pursuant to the rules of the senate and house of representatives and shall be conducted according
798798 to the following requirements:
799799 a.)Meetings shall be open to the public;
800800 b.)Meetings shall be announced by appropriate notice at least 5 days in advance;
801801 c.)Any documents used in a meeting be provided to the public upon request in a manner to
802802 be determined by the chair;
803803 d.)Public testimony shall be accepted in a manner to be determined by the chair;
804804 e.)The chair shall maintain a summary of the subjects discussed at each meeting, a list of
805805 documents and other exhibits used at the meetings, and shall maintain a record of proceedings,
806806 including a record of all votes. For the purposes of this rule a video or audio recording made
807807 available to the public shall be considered an adequate record of the proceedings. [Adopted, Feb. 15,
808808 2017; Amended Mar. 7, 2019.]
809809 30. All motions or orders extending the time within which joint committees and the committees
810810 on Rules of the two branches, acting concurrently, are required to report shall be referred without
811811 debate to the committees on Rules of the two branches, acting concurrently, who shall report
812812 recommending what action should be taken on the motion or order. Such extension shall be
813813 granted by a concurrent majority vote if recommended by the committees on Rules of the two 27
814814 branches, acting concurrently; but no such extension shall be granted, against the
815815 recommendation of the committees, except by a four-fifths vote of the members of each branch
816816 present and voting on the extension. This rule shall not be rescinded, amended or suspended,
817817 except by a concurrent vote of four-fifths of the members of each branch present and voting
818818 thereon. [Adopted Jan. 16, 1903. Amended Feb. 6, 1912; Feb. 19, 1920; Jan. 6, 1947; Jan. 27, 1955; June 7, 1965.]
819819 Members.
820820 31. A member of either branch who directly or indirectly solicits for such member or others any
821821 position or office within the gift or control of a railroad corporation, street railway company, gas
822822 or electric light company, telegraph or telephone company, aqueduct or water company, or other
823823 public service corporation, shall be subject to suspension for such solicitation, or to such other
824824 penalty as the branch of which the person is a member may see fit to impose. [See G. L. 271, sec.
825825 40.] [Adopted May 22, 1902.]
826826 Accommodations for Reporters.
827827 32. Subject to the approval and direction of the committees on Rules of the two branches, acting
828828 concurrently, during the session, and of the President of the Senate and the Speaker of the House
829829 of Representatives after prorogation, the use of the rooms and facilities assigned to reporters in
830830 the State House shall be under the control of the organizations of legislative reporters known as
831831 the Massachusetts State House Press Association and the State House Broadcasters Association.
832832 No person shall be permitted to use such rooms or facilities who is not entitled to the privileges
833833 of the reporters' galleries of the Senate or of the House. Within 10 days after the General Court
834834 convenes the Massachusetts State House Press Association and the State House Broadcasters
835835 Association shall each transmit to the President of the Senate, the Speaker of the House of
836836 Representatives and the Sergeant-at-Arms a list of the legislative reporters with the principal
837837 publication or news service which each represents. [Adopted Jan. 27, 1911. Amended Feb. 24, 1914; Feb. 19,
838838 1920; April 17, 1925; May 23, 1979; Feb. 12, 2009.]
839839 Suspension of Rules.
840840 33. Any joint rule except Rule 10 and Rule 30 may be altered, suspended or rescinded by a
841841 concurrent vote of two-thirds of the members of each branch present and voting thereon. [Amended
842842 Feb. 7, 1893. Adopted in revised form Jan. 9, 1899. Amended Jan. 16, 1903; Jan. 26, 2005.]
843843 Audit of Accounts. 28
844844 34. The committees on Rules of the two branches, acting concurrently, shall provide that an
845845 outside independent audit of joint financial accounts be conducted by a certified public
846846 accountant no less frequently than at the end of each fiscal year. A copy of such audit shall be
847847 filed with the Clerks of the Senate and House of Representatives and be made available to the
848848 public by conspicuously posting it on the General Court’s website. The Clerks of the Senate and
849849 House of Representatives shall notify all members of the General Court, the State Auditor,
850850 Comptroller, and Inspector General when the audit has been posted on the General Court’s
851851 website.. [Adopted May 30, 1985.]
852852 35. The committees on Rules of the two branches, acting concurrently, shall reexamine the Joint
853853 Rules of the House and Senate as needed, but at least every 4 years, and shall report to each
854854 branch any recommendations it may have to facilitate the work of the respective branches and
855855 the joint standing committees. [Adopted June 12, 1995.]
856856 Procurement.
857857 36. (a) The House Business Manager and Chief Financial Officer of the Senate shall complete
858858 the procurement of all goods and services from the joint legislative account. Procurements for
859859 goods or services shall be made pursuant to a statewide procurement contract established by the
860860 operational services division, to the extent practicable, as determined by the House Business
861861 Manager and the Chief Financial Officer of the Senate. If the Business Manager and the Chief
862862 Financial Officer determine that a procurement cannot be made using a statewide procurement
863863 contract established by the operational services division, they may procure the required goods or
864864 services under subsections (b), (c) or (d).
865865 (b) Procurement of a supply or service from a vendor not on a statewide procurement contract
866866 valued at less than $10,000 shall be made at the discretion of the House Business Manager and
867867 the Chief Financial Officer of the Senate.
868868 (c) If the House Business Manager and the Chief Financial Officer of the Senate seek to procure
869869 a supply or service from a vendor not on a statewide procurement contract valued at $10,000 or
870870 more, but less than $100,000, they shall seek quotations from not fewer than 3 persons providing
871871 such supply or service. The House Business Manager and the Chief Financial Officer of the
872872 Senate shall record the names and addresses of all persons from whom quotations were received,
873873 the names of the persons submitting quotations and the date and amount of each quotation. The
874874 House Business Manager and the Chief Financial Officer of the Senate shall award the contract 29
875875 to the respondent whose quotation offers the needed quality of supply or service and which
876876 represents the best value for the General Court in the informed opinion of the House Business
877877 Manager and the Chief Financial Officer of the Senate.
878878 (d) If the House Business Manager and the Chief Financial Officer of the Senate seek to procure
879879 a supply or service from a vendor not on a statewide procurement contract valued at $100,000 or
880880 more, the House Business Manager and the Chief Financial Officer of the Senate shall seek
881881 proposals through a procurement process, which shall be established by the House Business
882882 Manager and the Chief Financial Officer of the Senate. The House Business Manager and the
883883 Chief Financial Officer of the Senate shall include diversity and inclusion plan requirements in
884884 all requests for proposals; provided, however, that such process shall adhere to the terms of any
885885 relevant statewide contract, where possible, and other provisions of this rule.
886886 (e) The House Business Manager and the Chief Financial Officer of the Senate shall maintain a
887887 file on each procurement not executed using a statewide procurement contract established by the
888888 operational services division and in excess of $10,000 and shall include in such file all
889889 documents constituting the agreement for goods and services and all documents required by
890890 subsection (c) or (d). The files maintained shall be available for inspection by members of the
891891 General Court during regular business hours unless the information is otherwise protected by
892892 state or federal law.
893893 (f) Whenever the time required to comply with a requirement of this rule would endanger the
894894 health, safety or convenience of the members, staff or visitors to the House of Representatives or
895895 Senate the House Business Manager and the Senate Chief Financial Officer may make an
896896 emergency procurement without satisfying the requirement of this rules; provided, however, that
897897 both the House Business Manager and the Senate Chief Financial Officer certify in writing that:
898898 (i) an emergency exists and explain the nature thereof; (ii) the emergency procurement is limited
899899 to only supplies or services necessary to meet the emergency; and (iii) the emergency
900900 procurement conforms to the requirements of this rule to the extent practicable under the
901901 circumstances; provided further the House Business Manager and Chief Financial Officer of the
902902 Senate shall keep a record of: (a) each contractor’s name, (b) the amount and the type of each
903903 contract; (c) the supplies or services provided under each contract; (d) and basis for determining
904904 the need for an emergency procurement. 30
905905 (g) All procurements for legal services shall follow a process established by House and Senate
906906 Counsel and the House Business Manager and Chief Financial Officer of the Senate, and shall be
907907 approved by the House and Senate Counsel. .
908908 (h) If, in the determination of the House Business Manager and the Chief Financial Officer of the
909909 Senate, an emergency procurement of greater than $10,000 is necessary, the House Business
910910 Manager and the Chief Financial Officer of the Senate may procure the goods or services
911911 immediately and create and maintain a file explaining the nature of the emergency and the goods
912912 or services that were procured as a result. The House Business Manager and the Chief Financial
913913 Officer of the Senate shall document the goods or services that were procured, the process used
914914 to procure the goods or services, the vendors that were contacted and any other information
915915 relevant to the procurement, and make that information available to members of the General
916916 Court during regular business hours, unless the information is otherwise protected by state or
917917 federal law.
918918 (i) Any procurement by the House Business Manager and Chief Financial Officer Officer of the
919919 Senate under Rule 36 for over $10,000 either individual or cumulative shall be submitted to the
920920 state comptroller for posting on the Open Checkbook website or its equivalent. [Adopted Mar. 14,
921921 2013; Amended Feb. 15, 2017; Mar. 7, 2019.]