Bill H.2011

HOUSE DOCKET, NO. 92011 FILED ON: 7/26/2009

HOUSE . . . . . . . . . . . . . . . No. 2011

The Commonwealth of Massachusetts

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In the Year Two Thousand Nine

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An Act Order (filed by Speaker DeLeo of Winthrop) relative to adoption of permanent rules for the Senate and House of Representatives for the years 2009-2010.

Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority of the same, as follows:

petition for legislation to authorize a county to reinstate in its service a person formerly employed by it, or to retire or pension or grant an annuity to any person, or to increase any retirement allowance, pension or annuity, or to pay any sum of money in the nature of a pension or retirement allowance, or to pay any salary which would have accrued to a deceased official or employee but for his death, or to pay any claim for damages or otherwise, or to alter the benefits or change the restrictions of any county retirement or pension law, shall, subsequently to the procedure required by Senate Rule No. 20 and by House Rule No. 24, be reported adversely, unless, when filed it be the petition of, or be approved by, a majority of the county commissioners. [Adopted April 29, 1915 . Amended Jan. 13, Feb. 19 and Dec. 22, 1920 ; May 24, 1926; April 11, 1935 ; April 22, 1937 ; Jan. 12, 1939 ; Jan. 15, 1945 ; Feb. 20, 1951 ; Jan. 30, 1967 ; Jan. 7, 1971 ; Jan. 15, 1973 .]

7B. A petition, the operation of which is restricted to a particular city or town (and which does not affect the powers, duties, etc., of state departments, boards, commissions, etc., or which does not affect generally the laws of the Commonwealth) and which is not filed in conformity with Section 8 of Article LXXXIX of the Amendments to the Constitution shall, subsequent to the procedure required by Senate Rule 20 and House Rule 24, be reported adversely, unless when filed, be on petition filed or approved by the voters of a city or town, or the mayor and city council, or other legislative body, of a city, or the town meeting of a town. A joint committee to which is inadvertently referred a petition or other subject of legislation the operation of which is restricted to a particular city or town and which is not in conformity with Section 8 of Article LXXXIX of the Amendments to the Constitution shall report a general law which applies alike to all cities, or to all towns, or to all cities and towns, or to a class of not fewer than two; or shall report "ought not to pass", with the further endorsement that it "would be unconstitutional to enact such special law". [Adopted Jan. 13, 1920 . Amended Feb. 19 and Dec. 22, 1920; May 24, 1926; 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 ; Jan. 15, 1973 .]

Notice to Parties Interested.

8. No legislation affecting the rights of individuals or the rights of a private or municipal corporation, otherwise than as it affects generally the people of the whole Commonwealth or the people of the city or town to which it specifically applies, shall be proposed or introduced except by a petition, nor shall any bill or resolve embodying such legislation be reported by a committee except upon a petition duly referred, nor shall such a bill or resolve be reported by a committee, whether on an original reference or on a recommittal with instructions to hear the parties, until it is made to appear to the satisfaction of the committee that proper notice of the proposed legislation has been given by public advertisement or otherwise to all parties interested, without expense to the Commonwealth, or until evidence satisfactory to the committee is produced that all parties interested have in writing waived notice. A committee reporting adversely for want of proper notice or of a waiver thereof shall set forth this fact in its report and no bill or resolve shall be in order as a substitute for, or amendment of, such report. Objection to the violation of this rule may be taken at any stage prior to that of the third reading. [Adopted Feb. 7, 18 90 . Amended Dec. 22, 1920 ; Jan. 12, 1939 ; Jan. 15, 1945; Jan. 7, 1971 .]

9. A petition for the incorporation of a city or town, for the annexation of one municipality to another, for the consolidation of two or more municipalities or for the division of an existing municipality, or for the incorporation or revival of a railroad, street railway, elevated railroad, canal, telephone, telegraph, water, gas, electric light, power or other public service corporation, for the amendment, alteration or extension of the charter or corporate powers or privileges, or for the change of name, of any such company, whether specially incorporated or organized under general laws, or for authority to take water for a water supply, or relative to building structures in or over navigable or tide waters, shall be placed on file, and not referred to a committee, unless the petitioner has given the notice and followed the procedure required by section 5 of chapter 3 of the General Laws. But if, no objection being raised, any such petition is referred to a committee without such required notice or procedure, the committee shall forthwith report adversely, setting forth as the reason for such report failure to comply with the provisions of law, unless evidence satisfactory to the committee is produced that all parties interested have in writing waived notice. In case a bill or resolve is reported upon such a petition, after proof of such waiver of notice, this fact shall be set forth in the report of the committee. When an adverse report is made by a committee, on account of failure to give the required notice, no bill or resolve shall be substituted for such report, nor shall such report be recommitted or referred to another committee.

A petition for the establishment or revival, or for the amendment, alteration or extension of the charter or corporate powers or privileges, or for the change of name, of any corporation, except a petition subject to the provisions of the preceding paragraph, shall be transmitted by the Clerk of the branch in which it is filed to the office of the State Secretary. If such a petition is returned by said Secretary with a statement that the petitioner has failed to comply with the requirements of section 7 of chapter 3 of the General Laws, said petition shall be placed on file, and shall not be referred to a committee.

Any petition placed on file for want of proper notice or procedure under this rule shall not affect action upon any other measure involving the same subject matter. [Adopted Feb. 7, 1890 . Amended Feb. 2, 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, 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.]

Limit of Time allowed for Reports of Committees.

10. All joint committees and the committees on Rules of the two branches, acting concurrently, shall make final report not later than the third Wednesday of March of the second annual session of the General Court on all matters referred to them before the third Wednesday in February of the second annual session and within 30 days on all matters referred to them on and after the third Wednesday in February of the second annual session of the General Court except that the committee on Health Care Financing shall make final report not later than the last Wednesday of April of the second annual session on all matters referred to them on or before the fourth Wednesday of March and within 30 days on all matters referred to it after the fourth Wednesday in March of the second annual session of the General Court. When the time within which said committees are required to report has expired, all matters upon which no report has then been made shall forthwith be reported by the chairman of the committee on the part of the branch in which they were respectively introduced, with an adverse recommendation under this rule. If the chairman fails to make such report by the end of the legislative day next following the expiration date, all matters remaining unreported shall be placed in the Orders of the Day by the Clerk of the branch in which the matter was originally filed with an adverse report under this rule. Matters which have been referred under the provisions of Joint Rule 29, upon which the chairmen of the committees on Rules fail to make a report, shall be placed by the respective Clerks in the Orders of the Day of the branch in which the subject matter was referred to said committees. Committees to whom are referred subjects of legislation may combine petitions of similar subject matter, or other forms of legislation of similar subject matter, into one adverse report, and the report thereon shall be that said petitions or other forms of legislation "ought NOT to pass," and if the report is accepted, all the matters contained therein shall be disposed of. However, petitions upon which an adverse report is accepted in only one branch may not be combined with other subjects of legislation upon which adverse reports must be accepted, in concurrence. The provisions of this rule shall not apply to petitions referred to the committees on Rules of the two branches, acting concurrently, under the provisions of the second paragraph of Joint Rule 12. This rule shall not be rescinded, amended or suspended, except by a concurrent vote of four-fifths of the members of each branch present and voting thereon. Notwithstanding the provisions of Joint Rule 30, this rule shall not be rescinded, amended or suspended more than three times except by unanimous consent. [Amended Feb. 2, 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 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.]

10A. The form for all subjects of legislation receiving a favorable report shall be "ought to pass." The form for all subjects of legislation receiving an adverse report shall be "ought NOT to pass." A committee to whom is referred any other matter may report recommending that the same be placed on file. [Adopted Jan. 7, 1971.]

Committees of Conference.

11. Committees of conference shall consist of three members on the part of each branch, representing its vote; and their report, if agreed to by a majority of each committee, shall be made to the branch asking the conference, and may be either accepted or rejected, but no other action shall be had, except through a new committee of conference.

Committees of conference to whom are referred matters of difference in respect to bills or resolves, shall, before filing their reports, have the same approved by each committee on Bills in the Third Reading. [Amended April 22, 1937; Feb. 12, 2009.]

11A. Committees of conference to whom are referred matters of difference in respect to appropriation bills, including capital outlay programs, shall, before filing their reports, have the same approved by the committees on Bills in the Third Reading of the two branches, acting concurrently.

Upon the appointment of a committee of conference to whom matters of difference in respect to any appropriation bill or in respect to any bill providing for capital outlay programs and projects are referred, the clerk of the branch requesting said committee of conference shall cause to be printed and made available to members of the General Court a list of the matters in disagreement identified by item number and item purpose and showing the amount appropriated therefor by each branch of the General Court, and any other matters in disagreement and the position of each of the said branches with respect thereto.

The report of said committee of conference shall consist of the matters of difference so referred and so identified, showing the amounts appropriated therefor by each of the said branches and other matters in disagreement and the position of each branch with respect thereto, and shall state said committee's recommendations with respect to the matters so referred. Matters on which there exists no disagreement between the branches shall not be disturbed by the committee on conference.

The committees on ways and means of each branch of the General Court shall assist such committee of conference in any and all matters necessary to the preparation and completion of its report. [Adopted July 30, 1974 . Amended Oct. 3, 1983 .]

11B. No report from a committee of conference shall be considered or acted upon by either branch until the calendar day following during which said report shall have been in print and available to the public and to the members of the General Court. The committee shall file its report no later than eight o'clock P.M. on the day preceding its consideration and the General Court shall not consider said report before one o'clock P.M. on the following day, except that a report from such committee of conference that it is unable to agree may be considered and acted upon at the time that such report is file. [Adopted Oct. 3, 1983. Amended July 17, 2003; July 21 and September 20, 2005.]

11C. Reports, other than those filed pursuant to Rule 11A, from a committee of conference shall, whenever practicable, be accompanied by a summary which shall be filed with the clerk. [Adopted Feb. 12, 2009.]

11D. Upon the filing of a report by a committee of conference the clerk shall, as soon as practicable, make said report and the summary thereof available to all members electronically and to the public via the Internet. [Adopted Feb. 12, 2009.]

Limit of Time allowed for New Business.

12. Resolutions intended for adoption by both branches of the General Court, petitions, and all other subjects of legislation, shall be deposited with the Clerk of either branch prior to five o'clock in the afternoon on the third Friday in January of the first annual session of the General Court.

All such matters except messages from the Governor, reports required or authorized to be made to the General Court and petitions filed or approved by the voters of a city or town, or the mayor and city council, or other legislative body of a city, or the town meeting of a town, for the enactment of a special law in compliance with the requirements of Section 8 of Article LXXXIX of the Amendments to the Constitution and which do not affect the powers, duties, etc., of state departments, boards, commissions, etc., or which do not affect generally the laws of the Commonwealth deposited with the respective clerks subsequent to five o'clock on the third Friday of January of the first annual session of the General Court shall be referred by the Clerks to the committees on the Rules of the two branches, acting concurrently. No such matter shall be admitted for consideration except on report of the committees on Rules of the two branches, acting concurrently, and then upon approval of two thirds of the members of each branch voting thereon. Matters upon which suspension of Joint Rule 12 has been negatived shall be placed on file.

At any special session called under Rule 26A, however, matters relating to the facts constituting the necessity for convening such session shall, if otherwise admissible, be admitted as though filed seasonably in accordance with the first sentence of this rule. Any recommendations from the Governor shall be similarly considered. This rule shall not be rescinded, amended or suspended, except by a concurrent vote of two-thirds of the members of each branch present and voting thereon. [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; 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, 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. 26, 2005; July 17, 2003; Jan. 26, 2005; July 21, 2005; Sept. 20, 2005; Feb. 12, 2009.]

12A. All formal business of the first annual session of the General Court shall be concluded no later than the third Wednesday in November of that calendar year and all formal business of the second annual session shall be concluded no later than the last day of July of that calendar year.

In order to assist the Senate and House in its analysis and appraisal of laws enacted by the General Court, each joint standing committee, upon conclusion of the formal business of the annual sessions, shall, as authorized by Joint Rule 1, initiate oversight hearings for the purpose of evaluating the effectiveness, application and administration of the subject matter of laws within the jurisdiction of that committee. [Adopted June 12. 1995.]

Unfinished Business of the Session.

12B. Any matter pending before the General Court at the end of the first annual session and any special session held in the same year shall carry over into the second annual session of the same General Court in the same legislative status as it was at the conclusion of the first annual session or any special session held during that year; provided, however, that any measure making or supplementing an appropriation for a fiscal year submitted to or returned to the General Court by the Governor, under the provisions of Article LXIII of the Amendments to the Constitution, in the first annual session or in a special session held during that year shall cease to exist upon the termination of the first annual session. [Adopted June 12. 1995.]

Papers to be deposited with the Clerks.

13. Papers intended for presentation to the General Court by any member thereof shall be deposited with the Clerk of the branch to which the member belongs; and all such papers, unless they be subject to other provisions of these rules or of the rules of the Senate or House, shall be referred by the Clerk, with the approval of the President or Speaker, to appropriate committees, subject to such changes as the Senate or House may make. The reading of papers so referred may be dispensed with, but they shall, except as hereinafter provided, be entered in the Journal of the same on the next legislative day after such reference.

Papers so deposited by any member-elect shall be referred in like manner and shall be printed in advance, conformably to the rules and usages of the Senate or House, and shall be entered in the Journal as soon as may be practicable.

A member or memberelect may include a brief written statement of intent with all papers intended for presentation to the General Court. Upon a favorable report by a joint standing committee, a committee may include a brief written statement of intent. Said written statement shall be dated and be limited in length to one double-spaced typewritten page and shall include the scope of the matter presented for consideration; provided, however, this rule shall not be construed to require the printing of such statement of intent presented pursuant to this rule. [Adopted Feb. 7, 1890 . Amended Feb. 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 .]

Dockets of Legislative Counsel and Agents.

14. The committees on Rules of the two branches, acting concurrently, shall have authority to prescribe the manner and form of keeping the dockets of legislative counsel and agents which are required by law. [Adopted Feb. 2, 1891; Amended Feb. 19, 1920 .]

Duties of the Clerk.

15. If any part of the report of a committee over the signature of the chairman or members of the committee is amended in either branch, the Clerk of that branch shall endorse upon the report such amendment.

16. All papers, while on their passage between the two branches, may be under the signature of the respective Clerks, except as to the adopting of emergency preambles and the final passage of bills and resolves. Messages may be sent by such persons as each branch may direct. [Amended Feb. 21, 1919 .]

17. After bills and resolves have passed both branches to be engrossed, they shall be in the charge of the Clerks of the two branches, who shall prepare the same for final passage in the manner prescribed by law; and when so prepared the same shall be delivered to the Clerk of the House of Representatives; and when the bills have been passed to be enacted or the resolves have been passed in the House, they shall, in like manner, be delivered to the Senate Clerk and Parliamentarian. If a bill or resolve contains an emergency preamble, it shall be delivered in like manner, to the Senate after the preamble has been adopted by the House of Representatives and before the bill or resolve is put upon its final passage in that branch. If the Senate concurs in adopting the preamble, the bill or resolve shall be returned to the House to be there first put upon its final passage, in accordance with the requirements of Joint Rule No. 22. [Amended Feb. 24, 1914 ; Feb. 21, 1919 ; Jan. 7, 1971 .]

18. [Omitted in 1971.]

19. The Clerk of the branch in which a bill or resolve originated shall make an endorsement on the envelope of the engrossed copy thereof, certifying in which branch the same originated, which endorsement shall be entered on the journals by the Clerks respectively. [Amended Jan. 28, 1889 ; Feb. 24, 1914 .]

20. Bills, resolves and other papers requiring the approval of the Governor shall be laid before him for his approbation by the Senate Clerk and Parliamentarian, who shall enter upon the journal of the Senate the day and date on which the same were so laid before the Governor. [Amended Jan. 28, 1889 ; Jan. 7, 1971 .]

Printing and Distribution of Documents.

21. The committees on Rules of the two branches, acting concurrently, may establish regulations for the distribution of all documents printed or assigned for the use of the Legislature not otherwise disposed of, and such regulations shall be reported to and be subject to the order of the two branches.

Under the general order to make available a bill or other document, the number printed shall be determined by the Clerks of the two branches as approved by the President of the Senate and the Speaker of the House of Representatives, except that such number, not exceeding two thousand, shall be printed as determined by the committee on Rules on the part of the branch in which the report is filed.

The Clerks of the Senate and House of Representatives, with the approval of the President of the Senate and the Speaker of the House of Representatives, may have printed documents for use of committees.

Leave to report in print shall not be construed to authorize the printing of extended reports of evidence.

Bills, reports and other documents, printed under the general order of either branch, shall be distributed as follows, to wit: two copies to each member of the Senate and House of Representatives (to be placed on his file under the direction of the Sergeant-at-Arms, if desired by the member); three copies to each Clerk in either branch, and three copies to each reporter in regular attendance, to whom a seat has been assigned in either branch; twenty copies to the Executive; twenty copies to the Secretary's office; six copies to the State Library; one copy to each Public Library in the Commonwealth, which shall make due application therefor to the Sergeant-at-Arms, and shall make proper provision for the transmission and preservation thereof; and, when the document is the report of a committee, ten copies shall be assigned to the committee making the report. The Sergeant-at-Arms shall preserve as many as may be necessary for the permanent files to be placed in the lobbies, and distribute the remainder under such regulations as may be prescribed by said committees, acting concurrently. Bills, reports and other documents shall, whenever practicable, be made available to members electronically and published on the Internet. The committees on Rules of the two branches, acting concurrently, may make such changes in distribution of documents as they deem necessary for expediting the work of the legislature. [Amended Jan. 8, 1886 ; Jan. 28, 1889 ; Jan. 27, 1911 ; Feb. 19, 1920 ; Jan. 6, 1947 ; Apr. 5, 19 67 ; Jan. 7, 1971; Feb. 12, 2009.]

Emergency Measures.

22. The vote on the preamble of an emergency law, which under the requirements of Article XLVIII, as amended by Article LXVII of the Amendments of the Constitution shall, upon request of two members of the Senate or of five members of the House of Representatives, be taken by call of the yeas and nays, shall be had after the proposed law has been prepared for final passage; and neither branch shall vote on the enactment of a bill or on the passage of a resolve containing an emergency preamble until it has been determined whether the preamble shall remain or be eliminated. If the bill contains an emergency preamble, a motion to amend the bill may be received in either branch before the adoption of the emergency preamble, and the amendment may contain a new emergency preamble. If the two branches concur in adopting the preamble, the bill or resolve shall first be put upon its final passage in the House of Representatives. If either branch fails to adopt the preamble, notice of its action shall be sent to the other branch; and the bill or resolve, duly endorsed, shall again be prepared for final passage without the said preamble and without any provision that the bill or the resolve shall take effect earlier than ninety days after it has become law. Procedure shall be otherwise in accordance with the joint rules and the rules of the Senate and the House of Representatives. [Adopted Feb. 21, 1919 . Amended Jan. 30, 1923 ; Jan. 7, 1971; Feb. 20, 2007; Feb. 12, 2009.]

22A. Bills and resolves passed to be engrossed by both branches and before being transmitted by the clerks to the Legislative Engrossing Division shall be made available to the committees on Bills in the Third Reading of the two branches, acting jointly, who shall examine them to insure accuracy in the text; that the legislation is correct as to form; that references to previous amendments to any particular law are correct and to insure proper consistency with the language of existing statutes. These committees, with the approval of the majority and minority leadership of both branches may make corrections which are not substantive in nature. The clerks of both branches shall be immediately notified, in writing, of any such changes. Errors discovered by the committees of a substantive nature shall be reported to the General Court, which in turn shall take appropriate action under its rules. Upon completion of examination and possible correction of any such bills and resolves, the bills and resolves shall be returned to the clerks, who in turn, shall transmit them to the Legislative Engrossing Division to be prepared for final passage. [Adopted Sept. 16, 1971 .]

Legislative Amendments to the Constitution.

23. All proposals for amendments to the Constitution referred to a joint committee on the first annual session of the General Court shall be reported by said committee no later than the last Wednesday of April in said year, and proposals for amendments to the Constitution referred to a joint committee subsequent to the last Wednesday in April of the first annual session shall be reported by said committee no later than the last Wednesday of April in the second session of the same General Court. The committee shall file its report, either recommending that the proposal ought to pass or ought not to pass, with any official papers in its possession that relate thereto, with the Clerk of the Senate. When the time within which said committees are required to report has expired, all matters upon which no report has been made shall forthwith be placed in the Journal of the respective branches, with an adverse report under this rule; and shall then be placed on file in the office of the Clerk of the Senate. For further information of the members of the Senate and House of Representatives, the respective Clerks shall also place all such matters under a separate heading in the Calendar of each branch, as soon as is practicable. In each branch the report shall be read and forthwith placed on file; and no further legislative action shall be taken on the measure unless consideration in joint session is called for by vote of either branch, in accordance with the provisions of Section 2 of Part IV of Article XLVIII (as amended by Article LXXXI) of the Amendments to the Constitution. A joint committee to which is referred any recommendation for an amendment to the Constitution made by the Governor or contained in a report authorized to be made to the General Court may report thereon a proposal for a legislative amendment, which shall be deemed to have been introduced by the member of the Senate who reports for the committee; and the procedure as regards reporting, filing and subsequent action shall be that provided for legislative amendments by this rule. Or it may report ought not to pass for the reason that no legislation is necessary or that the recommendation ought not to pass; and in such cases the usual procedure as regards similar reports by joint committees shall be followed. If such an adverse report is amended in the Senate by substituting a proposal for a legislative amendment, notice of the Senate's action shall be sent to the House and said proposal, together with the official papers relating to the subject, shall be in the custody of the Clerk of the Senate; and if said report is so amended in the House, the proposal, duly endorsed, together with the other papers, shall be sent to the Senate for its information and shall be kept in the custody of its Clerk. No further legislative action shall be taken in either branch on a proposal so substituted unless consideration in joint session is called for in accordance with the aforementioned provisions of the Constitution. If either branch calls for the consideration of any proposal in joint session, notice of its action shall be sent to the other branch; and it shall then be the duty of the Senate and the House of Representatives to arrange for the holding of the joint session not later than the second Wednesday in May. Subject to the requirements of the Constitution, joint sessions or continuances of joint sessions of the two branches to consider proposals for specific amendments to the Constitution, and all rules or provisions concerning procedure therein, shall be determined only by concurrent votes of the two branches. The rules relative to joint conventions shall apply to the joint sessions of the two houses. [Adopted Feb. 21, 1919. Amended March 30, 1921; April 11, 1935 ; Jan. 12, 1939; Jan. 15, 1945; Nov. 9, 1951; Jan. 15, 1973; July 1, 1974; Feb. 12, 2009.]

Executive Reorganization Plans.

23A. Any reorganization plan, accompanied by a bill, submitted by the Governor under the provisions of Article LXXXVII of the Amendments to the Constitution shall be referred by the Clerks of the Senate and the House, with the approval of the President and Speaker, to a joint standing committee within five days of the presentation thereof.

Said committee, to which is referred any such reorganization plan, shall, as required by said Article, not later than thirty days after the presentation of such plan by the Governor, hold a public hearing thereon; and shall not later than ten days after such hearing report that it either approves or disapproves such plan.

When recommending action, the committee shall make, in each branch, a separate report of its recommendations, and shall file said report together with the committee's recommendations and the reasons therefor in writing. Majority and minority reports shall be signed by the members of said committee. Any official papers in the possession of said committee that relate thereto shall be filed with the Clerk of the Senate.

If the committee recommends favorable action, the report shall be that the reorganization plan "ought to be approved". If the committee recommends adverse action, the report shall be that the reorganization plan "ought NOT to be approved". In each instance, the question shall be "Shall this reorganization plan be approved?"

In each branch, the report shall be read and forthwith recorded in the Journal. On the legislative day next following the Journal record, the report shall be placed in the Orders of the Day of the Senate and the House.

When the time within which a joint committee is required to report on a reorganization plan has expired, a matter upon which no report has been made shall forthwith be placed in the Orders of the Day by the Clerks of each branch and the question shall be "Shall this reorganization plan be approved?".

When such plan is before either branch, no motion relating to said plan shall be allowed except the motions to lay on the table (only in the Senate), to postpone to a time certain, or to commit or recommit (at the pleasure of either branch). The motions to take a recess, to adjourn, the previous question (if provided in the branch debating the issue), to close debate at a specified time, and the motion to reconsider shall also be in order.

A motion to discharge any committee to which is referred or to which is recommitted a reorganization plan shall not be in order prior to the expiration of forty days after the Governor's presentation of such plan. After the expiration of said forty days, a motion to discharge a committee shall be decided by a majority vote of the branch in which the motion is made.

Unless disapproved by a majority vote of the members of either of the two branches of the General Court present and voting, the General Court not having prorogued within sixty days from the date of presentation by the Governor, the plan shall be approved and shall take effect as provided by Article LXXXVII of the Amendments to the Constitution.

Within seven days of the expiration of the sixty days from the date of presentation of said plan by the Governor, unless the question has already been decided, the Clerks of the Senate and House of Representatives shall place the plan in the Orders of the Day; and no motions except the motions to take a recess, to adjourn, and previous question, or to close debate at a specified time, shall be in order.

No such reorganization plan presented to the General Court shall be subject to change or amendment before expiration of such sixty days. [Adopted June 13, 1967; Amended March 27, 1969 ; June 12, 1995; Feb. 12, 2009.]

Joint Conventions.

24. The President of the Senate shall preside in Conventions of the two branches, and such Conventions shall be held in the Representatives' Chamber; the Senate Clerk and Parliamentarian shall be the Clerk of the Convention, and a record of the proceedings of the Convention shall be entered at large on the journals of both branches. [Amended Feb. 20, 2007.]

25. When an agreement has been made by the two branches to go into Convention, such agreement shall not be altered or annulled, except by concurrent vote, excepting that it shall be in order to recess the convention from time to time upon a majority vote of said convention. [Amended Jan. 7, 1971 .]

26. No business shall be entered on, in Convention, other than that which may be agreed on before the Convention is formed.

Special Sessions.

26A. If written statements of twenty-one members of the Senate and eighty-one members of the House of Representatives, that in their opinion it is necessary that the General Court assemble in special session on a particular date and time specified therein during a recess of the General Court, are filed with their respective Clerks, such Clerks shall forthwith notify all the members of their respective branches to assemble at the State House in Boston, on said date at the time so specified. When so assembled, the first business to be taken up shall be the question of the necessity of so assembling, in accordance with Article I of Section I of Chapter I of Part the Second of the Constitution of the Commonwealth. If twenty-one members of the Senate and eighty-one members of the House of Representatives judge by vote taken by call of the yeas and nays that such assembling of the General Court is necessary, specifying in such vote the facts constituting such necessity, the General Court shall then complete its organization as a special session, proceed to the consideration of the suspension of Joint Rule 12A which if suspended by the required two-thirds of the members of both branches will permit the General Court to proceed to the consideration of matters properly before it. Nothing herein contained shall prevent the General Court from assembling in any other constitutional manner when it judges necessary. [Adopted Aug. 7, 1939 . Amended March 2, 1943 ; March 27, 19 69 ; May 5, 1979; July 17, 2003; July 21 and September 20, 2005.]

Joint Elections.

27. In all elections by joint ballot a time shall be assigned therefor at least one day previous to such election.

27A. In all cases of elections by ballot a majority of the votes cast shall be necessary for a choice, and where there shall be no such a majority on the first ballot the ballots shall be repeated until a majority is obtained; and in balloting, blanks shall be rejected and not taken into the count in the enumeration of votes, excepting that when the number of blanks shall be more than the number of votes received by the candidate having the highest number of votes, then the election shall be declared void and the balloting shall be repeated as provided herein. [Adopted March 27, 1969 .]

28. [Omitted March 28, 1972 .]

References to the Committees on Rules.

29. All motions and orders authorizing joint committees to travel or to employ stenographers, or authorizing joint committees or special commissions composed as a whole or in part of members of the General Court to make investigations or to file special reports, all propositions reported by joint committees which authorize investigations or special reports by joint committees or by special commissions composed as a whole or in part of members of the General Court, all motions or orders proposed for joint adoption which provide that information be transmitted to the General Court, and all matters referred under the provisions of the second paragraph of Joint Rule 12, shall be referred without debate to the committees on Rules of the two branches, acting concurrently, who shall report thereon, in accordance with the provisions of Joint Rule 10. All matters which have been referred under this rule shall, in each instance, be reported back into the branch making such reference. [Adopted Jan. 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. 30, 1967; Oct. 18, 1971 .]

30. All motions or orders extending the time within which joint committees and the committees on Rules of the two branches, acting concurrently, are required to report shall be referred without debate to the committees on Rules of the two branches, acting concurrently, who shall report recommending what action should be taken thereon. Such extension shall be granted by a concurrent majority vote if recommended by the committees on Rules of the two branches, acting concurrently; but no such extension shall be granted, against the recommendation of the said committees, except by a four-fifths vote of the members of each branch present and voting thereon. This rule shall not be rescinded, amended or suspended, except by a concurrent vote of four-fifths of the members of each branch present and voting thereon. [Adopted Jan. 16, 1903 . Amended Feb. 6, 1912 ; Feb. 19, 1920 ; Jan. 6, 1947 ; Jan. 27, 1955 ; June 7, 1965 .]

Members.

31. A member of either branch who directly or indirectly solicits for himself or others any position or office within the gift or control of a railroad corporation, street railway company, gas or electric light company, telegraph or telephone company, aqueduct or water company, or other public service corporation, shall be subject to suspension therefor, or to such other penalty as the branch of which he is a member may see fit to impose. [See G. L. 271, sec. 40.] [Adopted May 22, 1902.]

Accommodations for Reporters.

32. Subject to the approval and direction of the committees on Rules of the two branches, acting concurrently, during the session, and of the President of the Senate and the Speaker of the House of Representatives after prorogation, the use of the rooms and facilities assigned to reporters in the State House shall be under the control of the organizations of legislative reporters known as the Massachusetts State House Press Association and the State House Broadcasters Association. No person shall be permitted to use such rooms or facilities who is not entitled to the privileges of the reporters' galleries of the Senate or of the House. Within ten days after the General Court convenes the Massachusetts State House Press Association and the State House Broadcasters Association shall each transmit to the President of the Senate, the Speaker of the House of Representatives and the Sergeant-at-Arms a list of the legislative reporters with the principal publication or news service which each represents. [Adopted Jan. 27, 1911 . Amended Feb. 24, 1914 ; Feb. 19, 1920 ; April 17, 1925 ; May 23, 1979; Feb. 12, 2009.]

Suspension of Rules.

33. Any joint rule except the tenth and thirtieth may be altered, suspended or rescinded by a concurrent vote of two-thirds of the members of each branch present and voting thereon. [Amended Feb. 7, 18 93 . Adopted in revised form Jan. 9, 18 99 . Amended Jan. 16, 19 03 ; Jan. 26, 2005 .]

Audit of Accounts.

34. The committees on Rules of the two branches, acting concurrently, shall provide that an outside independent audit of joint financial accounts be conducted by a certified public accountant no less frequently that at the end of each second fiscal year. A copy of such audit shall be filed with the Clerks of the Senate and House of Representatives and made available for public inspection upon reasonable notice and during regular office hours. [Adopted May 30, 1985 .]

35. The committees on Rules of the two branches, acting concurrently, shall reexamine the Joint Rules of the House and Senate as needed, but at least every four years, and shall report to each branch any recommendations it may have to facilitate the work of the respective branches and the joint standing committees. [Adopted June 12, 1995 .]

INDEX TO JOINT RULES

OF THE TWO BRANCHES

-------------------------

[The figures refers to the numbers of rules.]

--------------------------

Accounts, audit, 34.

AMENDMENTS:

of rules, vote required, 10, 12, 30, 33.

to Constitution, procedure, 23.

to engrossed Bills, 22.

BILLS AND RESOLVES:

after passage to be engrossed, to be in charge of Clerks, etc., 17.

availability of electronically and on Internet, 6, 21.

carry over, first to second session, 12B.

committee bills, 3A.

containing emergency preambles, procedure, 22.

enacted, to be laid before the Governor by Clerk of the Senate, 20.

for special legislation, not to be reported if object is attainable by general or existing laws, 7.

how to be written, 6.

how made available, etc., 21.

may be reported to either branch except, etc., 4.

money, to be reported to the House, 4.

recommittal of, 5.

specially affecting rights of individuals or corporations, not to be reported except on petition, etc., 8.

Bills in the Third Reading, committee on.

may make non-substantive changes after bill engrossed in both branches, 22A.

to approve reports of conference committees, 11.

Blank ballots not to be counted in elections, etc., 27A.

Cities, petitions affecting, 7B, 12.

CLERKS:

papers deposited late with, disposition, 12.

papers on passage between the two branches to be under signature of, except, etc., 16.

papers to be deposited with, and referred to committees, 13

Senate Clerk shall be Clerk of joint Convention, 24.

Senate Clerk shall lay enacted bills, etc., before Governor, 20.

shall endorse amendments or reports of committees, 15.

shall endorse where bill or resolve originated, 19.

shall have charge of bills, etc., after passage to be engrossed, etc., 17.

to certify bills and resolves to rightly and truly prepared for final passage, 17.

to notify members to assemble for special sessions, 26A.

to place unreported matters in the Orders of the Day when time for reporting expires, 10.

to submit certain petitions to State Secretary, 9.

COMMITTEES:

bills specially affecting individuals or corporations not to be reported when notice, etc., 8.

bills reported by joint, how to be written, 6.

conference, of, 11, 11A, 11B, 11C, 11D.

Ethics (House) and Ethics and Rules (Senate) committees, violations of confidentiality agreements referred to, 1G.

fiscal notes, 4A.

form of reports, 10A.

if report is amended in either branch, to be endorsed by Clerk, 15.

Health Care Financing

deadline for reporting, 10.

reports not to be read prior to reference to, 1E.

limit of time for reports, etc., 10, 30.

members of Legislature not to act as counsel before, 2.

motions and orders extending time within which, may report, to be referred to committees on Rules, 30.

not to sit during recess of General Court unless authorized by the two branches, 3.

notify Sergeant-at-Arms of meeting time, place and agenda, 1D.

of conference, 1A, 11, 11A, 11B.

on Rules to regulate distribution of documents, 21.

open meetings, 1A, 1D.

orders authorizing joint, to travel or employ stenographers, to be referred to committees on Rules, 29.

executive sessions, 1D,

oversight activities and Internet posting, 1.

proposals for amendments to the Constitution, reports of, on, 23.

public hearings, 1B.

Public Safety and Homeland Security committee chairmen and ranking minority members, security briefings, 1G.

recording of meetings of, 1D.

report of, without being founded upon petition, 3A.

reports of, recommittal of, 5.

reports of, 4, 10.

reports of, subsequently referred to a joint committee (except for Health Care Financing), to be reported to branch in which original report was made, 4.

reports of, may be made to either branch, except, etc., 4.

roll call votes, 4.

rules of procedure and Internet posting, 1.

schedule of hearings, 1C, 1D.

special legislation to be reported against, if purpose can be secured by general or existing law, 7.

standing, appointment, number of members, etc., 1.

subcommittees, appointment of and reports from, 1.

to report money bills to House, 4.

to report adversely on petitions not advertised according to law, etc., 9.

travel of, 3.

written statement of intent, 13.

Conference, committees of, 1A, 11, 11A, 11B, 11C, 11D.

Constitution, amendments to, procedure relative to, 23.

CONVENTIONS OF BOTH BRANCHES:

agreement to go into Convention shall not be altered except by concurrent vote, 25.

Clerk of Senate to be Clerk; record to be made in journals of both branches, 24.

held in Representatives' Chamber, 24.

no business to be transacted except that before agreed upon, 26.

President of Senate shall preside, 24.

Corporations, legislation affecting, 8, 9.

Counsel, no member shall act as, before committees, 2.

Counties, certain petitions to require approval of county commissioners, 7A, 7B.

Documents, distribution, printing and availability, etc., 21.

Elections by joint ballot, to be assigned one day previous, 27.

blank ballots not to be counted, etc., 27A.

Emergency laws, 16, 17, 22.

Engrossed bills

amendments to, 22.

in charge of Clerks; to be prepared for final passage and certified by Clerks, 17.

Committee meeting time, place and agenda posting on Internet, 1D.

Evidence, printing of extended reports, 21.

Executive reorganization plans, 23A.

Fiscal notes, 4A.

General law to be preferred to special legislation, 7.

GOVERNOR:

executive reorganization plans, 23A.

may submit recommendations during special sessions, 12.

papers requiring approval of, to be submitted to, by Clerk of the Senate, 20.

recommendations of, for amendments to the Constitution, 23.

Home rule legislation, 7B, 12.

Individuals, legislation affecting, 8.

Information, motions and orders for joint adoption providing that, be transmitted to the General Court, 29.

Intent statement, petitioners and committees. 13.

Internet, posting of certain information on, 1, 1D, 6, 21.

Investigations, propositions involving special, to be referred to committees on Rules, acting concurrently,

29.

Joint conventions and joint sessions of the two houses, 23-26.

Joint petitions, 6A.

JOURNALS OF THE SENATE AND HOUSE OF REPRESENTATIVES:

papers deposited to be entered in, 13.

proceedings of joint conventions to be recorded in, 24.

record of date bills laid before Governor, 20.

LEGISLATION:

affecting rights of individuals or corporations, must be introduced by petition, 8.

intent statements, petitioners, 13.

subjects of, to be deposited with Clerks, 12, 13.

Legislative accounts, audits, 34.

Legislative sessions, limit, 12A.

LIMITS OF TIME:

for filing statements calling for special sessions during recess, 26A.

for holding of joint session for consideration of Amendments to the Constitution, 23.

for introduction of new business, 12.

for legislative sessions, first and second year of General Court, 12A.

for reports, 10, 30.

for transmission of list of legislative reporters, 32.

MEMBERS:

majority may assemble in special session, 26A.

not to act as counsel before committees, 2.

not to purchase stock or other securities of corporations or associations when legislation affecting such

corporations or associations is pending, 2A.

not to solicit employment for themselves or others, 31.

written statement of intent of legislation, 13.

Memorials contemplating legislation deposited with Clerks late, disposition, 12.

Messages between the two branches, 16.

Motions, certain, to be referred to the committee on Rules, 29, 30.

New business, limit of time allowed for, 12.

Notice of legislation specially affecting the rights of individuals or corporation to be given, 8.

Orders, certain, to be referred to the committees on Rules, 29, 30.

Orders of the Day, unreported matters to be placed in, by Clerks, 10.

PAPERS:

certain, to be printed in advance, 13.

on passage between the two branches to be under Clerks' signatures, except, etc., 16.

reading may be dispensed with, 13.

requiring approval of Governor to be laid before him by Clerk of the Senate, 20.

to be deposited with Clerks, etc., 13.

written statements of intent, 13.

PETITIONS.

adverse reports on, to be made to branch in which introduced, 4.

deposited with Clerks subsequently to last hour for filing, to be referred to the committees on Rules of

the two branches, acting concurrently, 12.

for amendments to Constitution, 23.

for legislation affecting a particular city or town, 7B, 12.

for the establishment or revival, or for the amendment, alteration or extension of the charter or

corporate powers or privileges, or for the change of name, of any corporation (except a public

service corporation) to be transmitted to State Secretary, etc., 9.

for the incorporation of a city or town, for the annexation, consolidation or division of municipalities,

for the incorporation, revival, amendment of corporate powers or change of name of public

service corporations, for authority to take water for water supply, or relative to building structures

in or over navigable or tide waters, to be placed on file, unless, etc., 9.

intent statements, 13.

that a county be authorized to retire or pension or grant an annuity, or to pay any accrued salary or

claim for damages, or to alter any county or municipal retirement law, or to reinstate former

employees, to be reported adversely, unless, etc., 7A.

to be admitted during special sessions, 26A.

to be deposited with Clerks and referred to committees, 13.

Placed on file, 10A, 12.

Preambles, emergency, vote on, 22.

PRESIDENT OF THE SENATE:

approval of facilities used by legislative reporters, 32.

security briefings, 1G.

to approve references to committees, 13.

to preside in joint session, 24.

Printing, how ordered, provided, etc., 13, 21.

Public service corporations, penalty for members soliciting position within control of, 31.

Reading of papers, may be dispensed, 13.

Recess committees, 3.

Recommitment of reports, bills and resolves, 5.

Reporters, use of rooms and facilities assigned to, to be under control of State House Press Association,

etc., 32.

Reports made to Legislature not to be referred to the committees on Rules of the two branches, acting

concurrently, under the rule, 12.

number to be printed, 21.

Reports of committees. See Committees.

form of, 10A.

Recision of rules, vote required, 10, 12, 30, 33.

Resolutions, certain, deposited with Clerks late, disposition, 12.

Resolves: See Bills and Resolves.

RULES, COMMITTEE ON:

authority to prescribe manner and form of keeping dockets of legislative counsel and agents, 14.

certain motions and orders to be referred to, 29, 30.

formal sessions, establish schedule, 1.

limit of time for reports, 10, 30.

may make regulations for distribution of documents, 21.

may suggest measures to facilitate business, 1.

recommend rules changes, every four years, 35.

rooms and facilities assigned to reporters subject to approval of, 32.

SECRETARY OF THE COMMONWEALTH:

legislation affecting corporations, 9.

SERGEANT-AT-ARMS:

distribution of documents, 21.

duties relative to travel of committees, 3.

notice of committee meeting time, place and agenda, 1D.

to receive list of legislative reporters, 32.

SPEAKER OF THE HOUSE OF REPRESENTATIVES:

approval of facilities used by legislative reporters, 32.

security briefings, 1G.

to approve references to committees, 13.

SPECIAL LEGISLATION:

affecting individuals or corporations, must be based on petition, 8.

affecting particular cities and towns, 7B, 12.

not to be granted if object is attainable under general or existing laws, 7.

SPECIAL SESSIONS:

matters to be considered at, 12.

method of assembling, 26A.

Standing committees, appointment and number, 1.

State House Press Association, legislative reporters, 32.

Stenographers, motions or orders authorizing committees to employ, to be referred to committees on Rules, 29.

Subcommittees, appointment of and reports from, 1.

Suspension of rules, vote required, 10, 12, 30, 33.

Towns, petitions affecting, 7B, 12.

Travel and traveling expenses of committees, 3, 29.

Ways and Means, committee on, matters referred to either may be considered jointly, 1.