The Massachusetts legislature, formally known as the General Court, is primarily responsible for enacting laws. It is divided into two branches: a 160-member House of Representatives and a 40-member Senate. The two legislative branches work concurrently on pending laws brought before them. Massachusetts citizens are permitted and encouraged to take an active role in the lawmaking process of the state legislature.

Lawmaking begins in the House or Senate Clerk's office where petitions, accompanied by bills, resolves, etc., are filed and recorded in a docket book. Massachusetts is one of the few states to allow its citizens the "right of free petition" - the right to file legislation. Although it is not mandatory that a Representative or Senator sponsor a citizen's bill, it is advisable. You may discover that those concerns have already been formulated into a bill which is awaiting legislative action and your legislator's assistance increases the likelihood of success.

When a bill is filed, it is recorded in a docket book. The clerks number the bills and assign them to appropriate joint committees. The books are especially useful when one is trying to locate various pieces of legislation of a similar nature because subject matter, legislators filing the bill and petitioners are listed. Working cooperatively rather than independently can increase the impact of the proponents' arguments.

The standing committees schedule public hearings for the individual bills. Committee members meet at a later time in executive session, which is open for observation by the public, to review the public testimony and discuss the merits of each bill before making their recommendations to the full membership of the House or Senate. The committee then issues its report, recommending that a bill "ought to pass" or "ought not to pass" and the report is submitted to the Clerk's office.

The first reading of a favorably-reported bill is automatic and occurs when the committee's report appears in the Journal of the House or Senate Clerk. Following the first reading, matters not requiring reference to another joint House or Senate committee are usually referred without debate to the Committee on Steering and Policy in the Senate, or placed in the Orders of the Day (the Calendar) without debate, for a second reading in the House.

If a bill affects the finances of the Commonwealth, it is referred to the Senate or House Committee on Ways and Means after the first reading. If the bill involves county finances when reported in the House, it is then referred to the committee on Counties on the part of the House (this rule does not apply to the Senate).

Adverse reports ("ought not to pass") are also referred to the Committee on Steering and Policy in the Senate or placed without debate in the Orders of the Day for the next session of the House. Acceptance by either branch of an adverse report is considered the final rejection of the matter, however, an adverse report can be overturned. After a bill takes its second reading, it is open to debate on amendments and motions. Following debate, a vote is taken and if the bill receives a favorable vote by the membership, it is ordered to a third reading and referred to the Committee on Bills in the Third Reading. This amounts to the preliminary passage of the bill in one branch.

That committee examines technical points, as well as the legality and constitutionality of the measure, and ensures that it does not duplicate or contradict existing law. The committee then issues a report and returns the bill to the respective House or Senate for its third reading. At that time, legislators can further debate and amend the bill. Following the third reading, the body votes on "passing the bill to be engrossed."

The bill must then pass through three readings and engrossment in the second legislative branch. Should that occur, a vote "to enact" is required and the bill is forwarded to the Governor. However, if the second branch passes an amended version of the bill, the legislation returns to the original branch for a vote of concurrence in the amendment. If concurrence is rejected, a conference committee consisting of three members from each legislative branch representing both political parties may be formed to effect a compromise piece of legislation. When a compromise is reached, the bill is sent to both legislative branches for their approval. A vote "to enact" the bill, first in the House and later in the Senate, is the final step in the passage of a bill by the legislature.

Following enactment, the bill goes to the governor, who may sign the bill into law, allow it to become law without signing it (if the governor holds the bill for ten days without taking any action while the legislature is in session, it be comes law without his or her signature), veto it, or return it to the legislature with recommended changes. If the legislature has concluded its yearly session and the governor does not sign the bill within ten days, it dies (also known as a "pocket veto"). A bill signed by the governor, or passed by two-thirds of both branches over his veto, becomes a law. It is usually effective in ninety days. Laws considered "emergency" in nature take effect immediately upon signing if the legislature has voted to attach an "emergency preamble" to the bill. The governor may also declare an act to be an emergency law and make it effective at once.

Click Here for the simplified diagram, "How a Bill Becomes a Law in Massachusetts."

Lobbying Tips

Lobbying takes many different forms including in-person meetings, letter writing, phone calls, group activities and testifying. When contacting legislators make sure to make it clear that you are a constituent! Know the facts about the bill and try to tell a story from a local perspective. It is always a good idea not to pressure the legislator to commit and to keep the door open for future cooperation. Follow-up is essential, so always send a simple thank you note or make a brief phone call to thank your legislator when s/he votes as you asked.

-Adapted from Secretary of the Commonwealth of MA http://www.state.ma.us/sec/trs/trslaw/lawidx2.htm

05/2004