In Massachusetts, a bill must go through several stages before it can become a law. The process begins with the filing of the bill, which can be done by members of the House and Senate, the Governor, or even citizens who can request their legislators to present bills on their behalf. The bill is then assigned a number and goes through several committee hearings and reviews, during which members of the public can provide testimony and lobby for or against the bill. If the bill receives a favorable recommendation, it moves on to the legislative process, which includes three readings in each branch. After passing both branches, the bill is sent to the Governor for approval, who can sign it, veto it, or let it become a law without their signature.
What You'll Learn
- Bills are proposed by a legislator, the governor, or a legislator on behalf of a citizen
- Bills are assigned a docket number and referred to a committee
- Bills must have a public hearing
- The committee decides to report the bill out favourably or unfavourably
- Bills are voted on and signed into law by the governor
Bills are proposed by a legislator, the governor, or a legislator on behalf of a citizen
Bills in Massachusetts are proposed by a legislator, the governor, or a legislator on behalf of a citizen. The state constitution allows citizens to request that their legislators present bills "by request", although these bills do not necessarily have the support of the legislators who file them. The bill is then filed with the House or Senate Clerk's office by a legislator, where it is given an initial number (a docket number) and is recorded in a docket book. Bills that originate in the House begin with "H", while those that originate in the Senate start with "S". The bill is then assigned to a committee, which gives it a bill number, enabling it to be tracked.
The legislator acts as a sponsor, and any additional supporters are co-sponsors. There are around 6,500 bills filed each session, and each bill must be assigned to a committee and have a public hearing. Committee hearings can be lengthy, as they feature many bills. Legislators, advocates, and other stakeholders can provide written or oral testimony. After the hearing, the committee votes on how to support the bill.
The Ways and Means Committee handles any bill that impacts state finance. The committee may hold a second hearing, make amendments, combine the bill with others, or take no action. The committee then votes on how to support the bill and reports back. If the bill is approved, it moves on to the next branch to repeat the process.
The Legislative Journey: Proposal to Law
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Bills are assigned a docket number and referred to a committee
Once a bill is 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 is a comprehensive list of all bills as they are filed. The House Clerk and Senate Clerk then recommend the appropriate Joint Committee to hear the bill and assign each bill a bill number. Bills that originate in the House are prefixed with "H", while those that originate in the Senate start with "S".
The list of current Joint Committees can be found on the Massachusetts General Court's website. Each bill must be assigned to a committee and, by law, must have a public hearing. For example, a bill that would provide access to healthcare will likely have a hearing before the Health Care Financing Committee. All members of the public are invited to give testimony in support of or against the bill. This is an important step to demonstrate to legislators that there is public backing for or opposition to the proposed legislation.
Committee hearings can be lengthy, featuring multiple bills, and stakeholders can provide written or oral testimony. After the hearing, the committee votes on how to support the bill. The committee may hold a second hearing, make amendments, combine the bill with others, or take no action. The committee then votes on how to support the bill and reports its recommendation.
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Bills must have a public hearing
Every bill must have a public hearing held by the committee to which it is assigned. For example, a bill that would provide access to healthcare will have a hearing, likely before the Health Care Financing Committee. All members of the public are invited to give testimony in favour of or against the bill. This is an important step to show legislators that there is public support for or against the piece of legislation.
Committee hearings feature many bills and can be several hours long. Legislators, advocates, and other stakeholders provide written or oral testimony. After the hearing, the committee votes on how to support the bill. The committee may hold a second hearing, make amendments to the bill, combine it with other bills, or do nothing. The committee chair may limit the time allowed to individual speakers and/or the time allowed for a particular matter.
The committee may meet in an Executive Session open to the public (where only committee members may speak), or it may conduct its business remotely. The committee then issues a report to the Clerk's office recommending that a bill "ought to pass" (with or without an amendment adopted by the committee), "ought not to pass", or be given a study order. A study order authorises the Committee to sit during recess and study this measure and similar ones, and file a narrative report of its findings. However, for the vast majority of bills sent to a study order, no further Committee activity takes place.
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The committee decides to report the bill out favourably or unfavourably
After a bill has been heard in committee, the committee will issue its recommendation. The committee may decide to report the bill out favourably, unfavourably, or into a study order. A study order means that the committee wishes to continue reviewing the legislation and does not plan on reporting it out favourably. If a bill is reported out favourably, it may go to another committee, especially if it has anything to do with money. In this case, it will go to the House Committee on Ways and Means. Other bills can also go to the Ways and Means Committee, but this is often a bad sign for the bill as they often do not come out of that committee.
If a bill is reported out unfavourably, it will go to the Floor of that branch for concurrence, and if there is no objection, it will die on the floor. If a bill makes it out of Ways and Means or another committee, it then goes to the Committee on Steering Policy and Scheduling, then to the Committee on Third Reading. After this, if it is reported out of that committee, it goes to the Floor of one branch, and if passed favourably, to the floor of the other branch. This is where members of the public can lobby committee members and their representatives to vote in favour of the legislation. Some bills will be passed in an informal session, which means they are non-controversial and do not require a roll-call vote.
If a bill is passed in an informal session, it will be closely watched to ensure it makes it through without problems. Controversial bills that are heard in a formal session usually have larger coalitions behind them or against them, and members of the public can take an active role in lobbying within these coalitions or individually. Once a bill has been passed in both branches, it will go to the Governor's office for approval.
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Bills are voted on and signed into law by the governor
Once a bill has been voted on by both chambers of the Massachusetts legislature and passed, it is sent to the governor. The governor then has 10 days to act on the bill. They can sign the bill, in which case it becomes law after 90 days (or immediately if it contains an emergency preamble or includes a specific effective date). They can also veto the bill, in which case it is returned to the General Court with their reasons for the veto. The legislature can then override the veto by a two-thirds vote in both chambers, and the bill becomes law without the governor's signature.
The governor may also choose not to sign the bill but let it become law anyway. This can occur in two ways. First, if the governor holds the bill for 10 days while the legislature is in session, the bill becomes law without their signature. Second, if the 10-day period occurs when the legislature has concluded its session, the bill only becomes law if the governor signs it (this is known as a "pocket veto").
Additionally, the governor has the power to return the bill to the General Court with recommendations for changes. This opens the bill up to any additional amendments offered by members. The legislature can consider these recommendations but may also return the bill without agreeing to the proposed changes. In this case, the governor must then sign the bill as is, veto it, or let it become law without their signature. If the legislature does not act on the governor's proposed amendments, the bill does not become law.
It is important to note that the governor's power to veto extends to line-item vetoes for appropriations bills (including bond bills). They may 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.
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Frequently asked questions
Members of the House and Senate, the Governor, and citizens (who can ask their legislators to present bills “by request”).
The deadline for legislators to file a bill is 5:00 p.m. on the third Friday in January of the first annual session of the General Court. The Governor may file legislation at any time.
The bill is assigned a number and a committee, and a public hearing is held. The committee then decides to report the bill out of the committee favorably or unfavorably, or into a study order.
The bill may go to another committee, especially if it has anything to do with money. If it makes it out of the second committee, it goes to the Committee on Steering Policy and Scheduling, then to the Committee on Third Reading, and then to the Floor of one branch. If passed favorably, it goes to the floor of the other branch.