Bill To Law: The Massachusetts Process

The process of how a bill becomes a law in Massachusetts involves several steps and multiple stakeholders. A bill can be filed by members of the House and Senate or by the Governor, and citizens can also request their legislators to present bills. Each bill is assigned to a committee and given a bill number, and must have a public hearing. After the hearing, the committee decides whether to report the bill out of the committee favorably or unfavorably, or into a study order. If a bill is reported favorably, it may move to another committee, especially if it involves money. If passed by one house, a bill goes through the same steps in the other chamber. If differences arise between the House and Senate versions, a conference committee is formed to agree on one draft. The bill then requires approval by both chambers before proceeding to the Governor for enactment. The Governor can sign, veto, or suggest changes to the bill, and the Legislature can override a veto with a two-thirds majority.

Bills are filed by members of the House, Senate or Governor

The Massachusetts state constitution allows bills to be filed by members of the House and Senate, as well as the Governor. The constitution also permits citizens to request their legislators to present bills, although these "by request" bills do not necessarily have the support of the legislators who file them. The annual general appropriation act, which originates in the Governor's office, is filed in the House and considered first. "Money bills", which raise revenue, cannot be considered by the Senate until they are approved by the House. The Governor may file legislation at any time, but for legislators, the bill filing deadline is 5:00 pm on the third Friday in January of the first annual session of the General Court.

Bills filed by legislators after the January deadline are known as "Late files" and require approval by the committees on the Rules of the two branches, followed by a two-thirds majority approval of the members of each branch. In practice, the recommendations of the Rules committees are usually followed. Once a legislator's bill is filed, it is given an initial number (a docket number) and recorded in a docket book. The House Clerk and Senate Clerk then assign each bill a bill number and recommend the appropriate Joint Committee to hear the bill. Bills that originate in the House begin with "H", while those from the Senate start with "S".

Bills are assigned a number and a committee

Once a bill has been filed in the House or Senate Clerk's office, it is given an initial number, known as a docket number, and is recorded in a docket book. This docket book lists all bills as they are filed. Bills that originate in the House begin with the letter "H", while those that originate in the Senate start with "S".

After receiving a docket number, the bill is then assigned a bill number by the House Clerk and Senate Clerk. They also recommend the appropriate Joint Committee to hear the bill.

The list of current Joint Committees can be found on the Massachusetts General Court's website. Each bill must be considered by a Joint Committee, which must hold a hearing and issue a report on each bill before them. These hearings are open to the public, and all interested parties may attend and address the committee. The committee chair may, however, limit the time allowed for individual speakers and for each matter.

After the Joint Committee has heard a bill, the committee will issue its recommendation. Under Joint Rule 10, Joint Committees are required to report on bills no later than the first Wednesday in February of the second year of the legislative session. The deadline for the Joint Committee on Health Care Financing is the last Wednesday in March.

Public hearings are held for each bill

Public hearings are an essential part of the legislative process in Massachusetts. Every bill undergoes a public hearing, which is held by the committee to which the bill is assigned. For instance, a bill that proposes to provide access to healthcare will likely have a hearing before the Health Care Financing Committee. These hearings are open to the public, and all interested parties are invited to attend and present their testimonies in support of or against the bill. The public hearing provides an opportunity for citizens to actively participate in the legislative process and influence the direction of the bill.

During the public hearing, individuals can share their perspectives, arguments, and justifications for or against the bill. This process is crucial as it allows legislators to gauge public opinion and understand the potential impact of the proposed legislation on different stakeholders. Testimonies can highlight how the bill may benefit or harm specific communities, industries, or societal groups. It is an opportunity for citizens to make their voices heard and ensure that their concerns are considered in the law-making process.

The committee chair may impose time limits on individual speakers or the overall discussion to ensure that multiple bills can be addressed during the hearing. After the public hearing, the committee members deliberate and discuss the bill among themselves. They consider the testimonies presented, weigh the potential consequences, and evaluate the merits of the proposed legislation. This deliberation process allows committee members to form their opinions and decide how they will vote on the bill.

Following the public hearing and committee deliberation, the chairperson of the committee decides on the next course of action for the bill. The chairperson can choose to report the bill out of the committee favorably, unfavorably, or into a study order. A favorable report indicates that the committee supports the bill and recommends it for further consideration. An unfavorable report means the committee does not support the bill, and it may die on the floor if there is no objection. A study order indicates that the committee wants to continue reviewing the legislation and does not plan to report it out favorably.

The public hearing stage is a critical juncture in the life of a bill, as it provides an opportunity for citizens to engage directly with the legislative process. It empowers individuals and interest groups to advocate for their causes and attempt to shape the outcome of the legislation. By presenting testimonies and lobbying committee members, the public can influence the direction of the bill and increase the likelihood of it advancing to the next stage of the legislative process.

Bills are debated and amended

The legislative process in Massachusetts involves several stages, and the step where bills are debated and amended is a crucial one. Once a bill passes the committee stage, it is sent to the floor of the chamber, where it is opened for debate and proposed amendments. This is the second reading of the bill. During this stage, members of the public, lobbyists, and other interested parties can actively influence the direction of the bill by presenting their arguments for or against it. This is an important step in showing legislators the level of public support or opposition to a piece of legislation.

The bill is then voted on, and if it receives a favourable roll call or voice vote, it proceeds to the third reading. After the second reading, the bill is sent to the Committee on Bills in Third Reading, which scrutinises the bill for legal technicalities and proper citations. Following this review, the bill is read for the third and final time in the chamber, where it may once again be debated and amended. This back-and-forth process allows for a thorough examination of the bill's merits and potential improvements.

The bill then moves to "engrossment", which means passage in that branch. If there are differences between the House and Senate versions of the bill, a conference committee is appointed to resolve these discrepancies and agree on a single draft. This committee typically consists of three representatives and three senators, ensuring a balanced representation from both chambers. The conference committee's task is to find a compromise that can be accepted by both the House and the Senate, demonstrating the importance of negotiation and consensus-building in the legislative process.

After the conference committee reaches an agreement, its report is presented to both branches for approval. While the report cannot be amended, the House and Senate have the power to approve or disapprove it. In practice, conference committee reports are almost always approved, indicating a level of trust in the committee's ability to reconcile differing versions of the bill. This stage of the process highlights the collaborative nature of lawmaking in Massachusetts, as both chambers work together to find a version of the bill that can be enacted.

Governor has the power to veto

In Massachusetts, the governor has the power to veto a bill. The governor has 10 days to review the budget and can either approve it, veto the entire budget, or veto and reduce specific line items. They cannot add any items to the budget. The governor must submit several documents related to the veto process, including a cover letter outlining how the final budget was determined and a summary of vetoes and reductions by line item number.

The governor's veto power also extends to specific types of bills. They can veto "money bills," which are bills that raise revenue, and "appropriations bills," which include bond bills. The governor can veto or reduce the amount of one or more line-item appropriations or veto outside sections. These vetoes are returned to the legislature, which can override them with a two-thirds majority in both chambers.

If the governor chooses to veto a bill, it is returned to the General Court with their reasons for the veto. The legislature may then reconsider the bill and can override the veto by a two-thirds vote in both chambers. If this happens, the bill becomes law without the governor's signature.

The governor also has the option to not sign the bill but let it become law anyway. This can occur if they hold the bill for ten days during which the legislature is in session. If the ten-day period occurs when the legislature has concluded its session, the bill becomes law only if the governor signs it, which is known as a "pocket veto."

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