Cecily Zamora
The Massachusetts General Laws contain the laws passed by the Massachusetts Legislature. The official version of the General Laws is published every two years, with pamphlets released periodically. The laws are interpreted by the Massachusetts Supreme Judicial Court and the Massachusetts Appeals Court. The process of how a bill becomes a law in Massachusetts involves the filing of legislation by members of the House, Senate, or Governor. The bill becomes law after 90 days, unless it contains an emergency preamble, in which case it becomes law immediately. The Governor has the power to veto the bill, which can be overridden by a 2/3rds vote in both chambers. Massachusetts laws cover a range of topics, including abortion, animals, business, occupations, and more.
| Characteristics | Values |
|---|---|
| Legislative Process | Legislation may be filed by members of the House and Senate and by the Governor. Citizens can also ask their legislators to present bills “by request”. |
| Bill Filing Deadline | 5:00 p.m. on the third Friday in January of the first annual session of the General Court |
| Legislative Session Duration | Two years, beginning in an odd-numbered year and ending in the following even-numbered year |
| Bill Signing | The Governor has 10 days to sign a bill, or it becomes a law without their signature unless the legislature is not in session, in which case the Governor must sign for it to become law |
| Effective Date of Laws | Laws subject to Amendment 48 become effective 90 days after the Governor's signature; laws not subject to Amendment 48 become effective 30 days after signature |
| Emergency Laws | The Governor or Legislature can designate an act as an emergency, in which case it becomes law immediately |
| Veto | The Governor may veto a bill, returning it to the General Court with reasons for the veto. The legislature can override the veto with a 2/3 majority in both chambers |
| Line-Item Veto | The Governor can veto or reduce specific line-item appropriations, which the legislature can override with a 2/3 majority in both chambers |
| Amendment Process | The Governor can recommend changes to a bill, which the legislature may accept or reject. If rejected, the Governor must sign the bill as is, veto it, or let it become law without their signature |
| Law Sources | The official edition of the General Laws of Massachusetts is published every two years, with cumulative pamphlets released periodically. Unofficial versions and amendments are available online |
| Law Topics | Abortion, animals, business, occupations, cars and driving, children and minors, cities and towns, civil procedure and courts, consumer and debt, crimes and punishment, disability rights, education, employment and work leave, families, gender identity, healthcare, housing, insurance, marriage and divorce, privacy, public benefits, sex crimes, veterans, victims and witnesses, wills and estates |
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What You'll Learn
The process of a bill becoming law
The process of a bill becoming a law in Massachusetts follows the state's constitution and involves the state legislature and the Governor. Here is an overview of the process:
Legislation can be filed by members of the House and Senate, as well as by the Governor. Notably, the Massachusetts constitution allows citizens to request their legislators to present bills, even if the legislators do not support them. The annual general appropriation act, initiated by the Governor's office, is first filed in the House for consideration. "Money bills," aiming to raise revenue, follow a similar process, requiring approval from the House before the Senate can consider them. The deadline for legislators to file bills is 5:00 p.m. on the third Friday in January of the first annual session of the General Court.
Review and Amendments
Once a bill is introduced, it undergoes review by the legislature. The bill may be returned to the General Court with recommendations for changes, allowing members to propose additional amendments. The Legislature can choose to accept or reject these amendments.
Veto and Override
If the Legislature does not incorporate the Governor's proposed amendments, the bill does not become law. The Governor has the power to veto the bill, returning it to the General Court with reasons for the veto. However, the Legislature can override this veto with a two-thirds vote in both chambers, allowing the bill to become law without the Governor's signature.
Effective Dates of Laws
Typically, laws become effective 90 days after the Governor's signature. If a law is not subject to Amendment 48 of the State Constitution, it becomes effective 30 days after the signature. These days are counted successively, including holidays and weekends. Laws designated as emergencies by either the Governor or the Legislature take effect immediately or on receipt of the Governor's letter of emergency by the Secretary of State.
Access to Laws
The Massachusetts General Laws encompass the laws passed by the Massachusetts legislature and are often interpreted by the state's Supreme Judicial Court and Appeals Court. The official edition of the codified laws is arranged by subject in 282 chapters. Electronic versions of the General Laws, including annotated editions with case law references, are accessible through databases like Westlaw.
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The Massachusetts Constitution
The legislative body of Massachusetts, known as the Massachusetts General Court, drafted its own version of a constitution and submitted it to the voters, who rejected it in 1778. The General Court then organized the election of delegates from each town to participate in a convention that would draft a constitution and submit their work to a popular vote, requiring approval by two-thirds of the voters. The constitutional convention met in Cambridge in September 1779 and chose a committee of thirty members to prepare a new constitution and declaration of rights.
The Constitution has had a significant impact on the laws and legal culture in Massachusetts. For example, it includes a strong prohibition against unreasonable searches and seizures, and it served as a foundation for the abolition of slavery in the state. Additionally, the Massachusetts Constitution often interprets the laws and provisions that govern the state, alongside the Massachusetts Supreme Judicial Court and the Massachusetts Appeals Court.
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The Massachusetts Supreme Judicial Court
The SJC has played a significant role in shaping the law in Massachusetts. For example, in Commonwealth v. Nathaniel Jennison (1783), the Court declared slavery unconstitutional in the state by allowing slaves to sue their masters for freedom. In another notable case, Commonwealth v. Hunt (1842), the Court ruled that non-socialist or non-violent trade unions were not inherently criminal or conspiring organisations, thereby legalising their existence.
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The Massachusetts Appeals Court
The Appeals Court has 25 justices: one chief justice and 24 associate justices. Each associate justice sits as a single justice for a month at a time. Appeals are heard from September through July at the John Adams Courthouse, as well as at special sessions held at various locations such as law schools throughout Massachusetts. The most recent chief justice of the Appeals Court was Mark V. Green. If a Massachusetts appellate justice attains the age of 70 and retires, that justice may be recalled to active service on the Appeals Court as needed. Currently, no recall justices are serving.
In 2023, the Appeals Court launched an optional Informal Brief Pilot Program for cases entered on the court's "panel" docket, for decision by a panel of Justices. The program permits self-represented ("pro se") parties to file an "informal" brief instead of a formal brief that strictly complies with the Massachusetts Rules of Appellate Procedure, which is typically required. This pilot does not apply to attorneys or to single justice sessions of the Appeals Court. An informal brief differs from a formal brief in that it does not need a table of contents, table of authorities, corporate disclosure statement, summary of argument, or addendum, nor does it need to comply with the standard rules regarding margins, font, and the certificate of compliance.
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The Massachusetts Legislative Service
The process of how a bill becomes a law in Massachusetts is detailed and lengthy. Firstly, a bill must be filed by a legislator in the House or Senate Clerk's office, where it is given a docket number and recorded in a docket book. The bill is then given a bill number and assigned to a Joint Committee. The Joint Committee holds a hearing and issues a report on the bill, and the bill is then considered in three readings in each branch of the General Court. After the first reading, the bill is sent to the House or Senate Committee on Steering and Policy, or, if it involves state finances, to the House or Senate Ways and Means Committee. The second reading occurs when the bill is released from Steering and Policy or Ways and Means, and it is placed in the Orders of the Day. The floor of the chamber is then opened for debate, and a favorable roll call or voice vote is needed to send the bill to the third reading.
After the three readings, the bill is either signed by the Governor, vetoed, or returned to the General Court with recommendations for changes. If the Governor chooses to veto the bill, the legislature may override the veto with a two-thirds vote in both chambers, and the bill becomes law without the Governor's signature. If the Governor returns the bill with recommendations, the Legislature may accept or reject the proposed changes. If the Legislature rejects the changes, the Governor must either sign the bill as is or let it become law without their signature.
In most cases, laws become effective 90 days after the Governor's signature. However, laws not subject to Amendment 48 of the State Constitution become effective 30 days after the Governor's signature. If a bill contains an emergency preamble, it becomes law immediately. If the bill includes a specific effective date, it becomes law on that date.
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Frequently asked questions
The laws passed by the Massachusetts Legislature are contained in the Massachusetts General Laws. An electronic version of the General Laws is available on Westlaw in the MA-ST database. The official version of the General Laws is published every two years.
Legislation can be filed by members of the House and Senate, and by the Governor. The bill becomes law after 90 days unless it contains an emergency preamble, in which case it becomes law immediately. The Governor may veto the bill, in which case it is returned to the General Court. The Legislature may then reconsider the bill and can override the veto by a two-thirds vote in both chambers.
The Governor can recommend changes to a bill, which the Legislature may then accept or reject. If the Legislature rejects the proposed changes, the Governor must sign the bill, veto it, or let it become law without their signature. The Legislature can also amend a bill through the addition of line-item vetoes, which the Governor may then override.
The Trial Court Law Libraries provide general guides on various Massachusetts legal topics, including abortion, animals, business, occupations, and cars and driving.
