Massachusetts General Court
Encyclopedia
The Massachusetts General Court (formally styled, The General Court of Massachusetts) is the state legislature of the Commonwealth of Massachusetts. The name "General Court" is a hold-over from the Colonial Era, when this body also sat in judgment of judicial appeals cases. It was formed after the overthrow of Royal Governor Edmund Andros
who governed all of New York and New England. Under the new charter the General Court drew together areas which before Andros had been separately governed within the Dominion of New England
, including Plymouth Colony
, Massachusetts Bay Colony
and Maine
. Before the adoption of the state constitution in 1780, it was called the Great and General Court, but the official title was shortened by John Adams
, author of the state constitution, apparently in the name of republican simplicity. It is a bicameral body. The upper house is the Massachusetts Senate
which is composed of 40 members. The lower body, the Massachusetts House of Representatives
, has 160 members. (Until 1978, it had 240 members) The General Court was established in 1630 when the Massachusetts Bay Colony
obtained a new charter. It meets in the Massachusetts State House
on Beacon Hill in Boston, Massachusetts.
The current President of the Senate is Therese Murray
, and the Speaker of the House is Robert DeLeo
. Democrats
hold super-majorities
in both chambers.
State Senators and Representatives both serve two-year terms.
, 4 Republicans
.
and a 40-member Senate
. The two legislative branches work concurrently on pending laws brought before them.
Lawmaking begins in the House or Senate Clerk's office where petitions, bills
, and resolves are filed and recorded in a docket
book. The clerks number the bills and assign them to appropriate joint committees. There are 26 of these committees, each responsible for studying the bills which pertain to a specific area (i.e., taxation, education
, health care
, insurance
, etc.). Each committee is composed of six senators and eleven representatives. The standing committees schedule public hearings for the individual bills, which afford citizens, legislators and lobbyists the opportunity to express their views. Committee members meet at a later time in executive session
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. Note that the public may still observe "executive" sessions, but may not participate in these meetings. 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. Matters not requiring reference to another Joint, House or Senate committee are, following the first reading, referred without debate to the Committee on Steering and Policy in the Senate (except certain special laws relative to a city or town), 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 it affects county finances, the bill is read and referred to the Committee on Counties of the House (if the matter is reported into the House). 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. A member may move to substitute the bill for the report, and, if the motion to substitute carries, the matter is then given its first reading and follows the same procedure as if reported favorably by committee.
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 preliminary approval of the bill in that 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 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, it is sent to the Legislative Engrossing Division where it is typed on special parchment in accordance with the General Laws
. 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 the 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 becomes 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. This is referred to as a "pocket veto
." This ten-day period includes Sundays and holidays, even if they fall on the tenth day, and it begins the day after the legislation is laid on the governor's desk.
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. The day after the governor signs the bill is considered to be the first day, and each succeeding day, including Sundays and holidays is counted until the ninetieth. Laws considered "emergency" in nature take effect immediately upon signing if the legislature has voted to attach an "emergency preamble" to the bill. Adoption of the preamble requires a two-thirds standing vote of the membership. The governor may also declare an act to be an emergency law and make it effective at once. A special act takes effect thirty days from the day it is signed, unless it contains a provision to make it effective immediately.
Edmund Andros
Sir Edmund Andros was an English colonial administrator in North America. Andros was known most notably for his governorship of the Dominion of New England during most of its three-year existence. He also governed at various times the provinces of New York, East and West Jersey, Virginia, and...
who governed all of New York and New England. Under the new charter the General Court drew together areas which before Andros had been separately governed within the Dominion of New England
Dominion of New England
The Dominion of New England in America was an administrative union of English colonies in the New England region of North America. The dominion was ultimately a failure because the area it encompassed was too large for a single governor to manage...
, including Plymouth Colony
Plymouth Colony
Plymouth Colony was an English colonial venture in North America from 1620 to 1691. The first settlement of the Plymouth Colony was at New Plymouth, a location previously surveyed and named by Captain John Smith. The settlement, which served as the capital of the colony, is today the modern town...
, Massachusetts Bay Colony
Massachusetts Bay Colony
The Massachusetts Bay Colony was an English settlement on the east coast of North America in the 17th century, in New England, situated around the present-day cities of Salem and Boston. The territory administered by the colony included much of present-day central New England, including portions...
and Maine
Maine
Maine is a state in the New England region of the northeastern United States, bordered by the Atlantic Ocean to the east and south, New Hampshire to the west, and the Canadian provinces of Quebec to the northwest and New Brunswick to the northeast. Maine is both the northernmost and easternmost...
. Before the adoption of the state constitution in 1780, it was called the Great and General Court, but the official title was shortened by John Adams
John Adams
John Adams was an American lawyer, statesman, diplomat and political theorist. A leading champion of independence in 1776, he was the second President of the United States...
, author of the state constitution, apparently in the name of republican simplicity. It is a bicameral body. The upper house is the Massachusetts Senate
Massachusetts Senate
The Massachusetts Senate is the upper house of the Massachusetts General Court, the bicameral state legislature of the Commonwealth of Massachusetts. The Senate comprises 40 elected members from 40 single-member senatorial districts in the state...
which is composed of 40 members. The lower body, the Massachusetts House of Representatives
Massachusetts House of Representatives
The Massachusetts House of Representatives is the lower house of the Massachusetts General Court, the state legislature of the Commonwealth of Massachusetts. It is composed of 160 members elected from single-member electoral districts across the Commonwealth. Representatives serve two-year terms...
, has 160 members. (Until 1978, it had 240 members) The General Court was established in 1630 when the Massachusetts Bay Colony
Massachusetts Bay Colony
The Massachusetts Bay Colony was an English settlement on the east coast of North America in the 17th century, in New England, situated around the present-day cities of Salem and Boston. The territory administered by the colony included much of present-day central New England, including portions...
obtained a new charter. It meets in the Massachusetts State House
Massachusetts State House
The Massachusetts State House, also known as the Massachusetts Statehouse or the "New" State House, is the state capitol and house of government of the Commonwealth of Massachusetts. It is located in Boston in the neighborhood Beacon Hill...
on Beacon Hill in Boston, Massachusetts.
The current President of the Senate is Therese Murray
Therese Murray
Therese Murray is an American state legislator who has served as President of the Massachusetts Senate since March 2007. Murray, a Democrat, is the first woman to lead a house of the Massachusetts General Court...
, and the Speaker of the House is Robert DeLeo
Robert DeLeo (politician)
Robert A. DeLeo is an American politician from the state of Massachusetts. He is the father of two children, Robbie and Rachele....
. Democrats
Democratic Party (United States)
The Democratic Party is one of two major contemporary political parties in the United States, along with the Republican Party. The party's socially liberal and progressive platform is largely considered center-left in the U.S. political spectrum. The party has the lengthiest record of continuous...
hold super-majorities
Supermajority
A supermajority or a qualified majority is a requirement for a proposal to gain a specified level or type of support which exceeds a simple majority . In some jurisdictions, for example, parliamentary procedure requires that any action that may alter the rights of the minority has a supermajority...
in both chambers.
State Senators and Representatives both serve two-year terms.
House of Representatives
Each Representative represents about 40,000 residents. Representative districts are named for the primary county in which they are located, and tend to stay within one county, although some districts contain portions of adjacent counties. The current composition of the House is 128 Democrats and 32 Republicans.Senate
There are 40 senatorial districts in Massachusetts, named for the counties in which they are located. The current composition of the Senate is 36 DemocratsDemocratic Party (United States)
The Democratic Party is one of two major contemporary political parties in the United States, along with the Republican Party. The party's socially liberal and progressive platform is largely considered center-left in the U.S. political spectrum. The party has the lengthiest record of continuous...
, 4 Republicans
Republican Party (United States)
The Republican Party is one of the two major contemporary political parties in the United States, along with the Democratic Party. Founded by anti-slavery expansion activists in 1854, it is often called the GOP . The party's platform generally reflects American conservatism in the U.S...
.
Legislative procedure
The responsibility for enacting laws in Massachusetts rests primarily with the state legislature, known as the General Court. It is divided into two branches: a 160-member House of RepresentativesMassachusetts House of Representatives
The Massachusetts House of Representatives is the lower house of the Massachusetts General Court, the state legislature of the Commonwealth of Massachusetts. It is composed of 160 members elected from single-member electoral districts across the Commonwealth. Representatives serve two-year terms...
and a 40-member Senate
Massachusetts Senate
The Massachusetts Senate is the upper house of the Massachusetts General Court, the bicameral state legislature of the Commonwealth of Massachusetts. The Senate comprises 40 elected members from 40 single-member senatorial districts in the state...
. The two legislative branches work concurrently on pending laws brought before them.
Lawmaking begins in the House or Senate Clerk's office where petitions, bills
Bill (proposed law)
A bill is a proposed law under consideration by a legislature. A bill does not become law until it is passed by the legislature and, in most cases, approved by the executive. Once a bill has been enacted into law, it is called an act or a statute....
, and resolves are filed and recorded in a docket
Docket
Docket may refer to:*Docket , the official schedule of proceedings in lawsuits pending in a court of law. Term also includes a case identification number and reference point and case history for all case work involving a particular case....
book. The clerks number the bills and assign them to appropriate joint committees. There are 26 of these committees, each responsible for studying the bills which pertain to a specific area (i.e., taxation, education
Education
Education in its broadest, general sense is the means through which the aims and habits of a group of people lives on from one generation to the next. Generally, it occurs through any experience that has a formative effect on the way one thinks, feels, or acts...
, health care
Health care
Health care is the diagnosis, treatment, and prevention of disease, illness, injury, and other physical and mental impairments in humans. Health care is delivered by practitioners in medicine, chiropractic, dentistry, nursing, pharmacy, allied health, and other care providers...
, insurance
Insurance
In law and economics, insurance is a form of risk management primarily used to hedge against the risk of a contingent, uncertain loss. Insurance is defined as the equitable transfer of the risk of a loss, from one entity to another, in exchange for payment. An insurer is a company selling the...
, etc.). Each committee is composed of six senators and eleven representatives. The standing committees schedule public hearings for the individual bills, which afford citizens, legislators and lobbyists the opportunity to express their views. Committee members meet at a later time in executive session
Executive session
An executive session is a portion of the United States Senate's daily session in which it considers nominations and treaties, or other items introduced by the President of the United States. These items are termed executive business; therefore, the session is an executive session. It can either be...
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. Note that the public may still observe "executive" sessions, but may not participate in these meetings. 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. Matters not requiring reference to another Joint, House or Senate committee are, following the first reading, referred without debate to the Committee on Steering and Policy in the Senate (except certain special laws relative to a city or town), 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 it affects county finances, the bill is read and referred to the Committee on Counties of the House (if the matter is reported into the House). 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. A member may move to substitute the bill for the report, and, if the motion to substitute carries, the matter is then given its first reading and follows the same procedure as if reported favorably by committee.
After a bill takes its second reading, it is open to debate on amendments and motions
Motion (legal)
In law, a motion is a procedural device to bring a limited, contested issue before a court for decision. A motion may be thought of as a request to the judge to make a decision about the case. Motions may be made at any point in administrative, criminal or civil proceedings, although that right is...
. 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 preliminary approval of the bill in that branch. That committee examines technical points, as well as the legality
Legality
The principle of legality is the legal ideal that requires all law to be clear, ascertainable and non-retrospective. It requires decision makers to resolve disputes by applying legal rules that have been declared beforehand, and not to alter the legal situation retrospectively by discretionary...
and constitutionality
Constitutionality
Constitutionality is the condition of acting in accordance with an applicable constitution. Acts that are not in accordance with the rules laid down in the constitution are deemed to be ultra vires.-See also:*ultra vires*Company law*Constitutional law...
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 House or Senate for its third reading. At that time, legislators can further debate
Debate
Debate or debating is a method of interactive and representational argument. Debate is a broader form of argument than logical argument, which only examines consistency from axiom, and factual argument, which only examines what is or isn't the case or rhetoric which is a technique of persuasion...
and amend
Amend
Amend as a verb means to change or modify something, as in:*Constitutional amendment, a change to the constitution of a nation or a state. In jurisdictions with "rigid" or "entrenched" constitutions, amendments do not require a special procedure different from that used for enacting ordinary...
the bill. Following the third reading, the body votes on "passing the bill to be engrossed."
General Laws of Massachusetts
Massachusetts General Laws, also known as the General Laws of Massachusetts, is a codification of many of the statutes of the Commonwealth of Massachusetts. The Commonwealth's laws are promulgated by an elected bicameral legislative body, the Massachusetts General Court...
. 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
Conference committee
A conference committee is a joint committee of a bicameral legislature, which is appointed by, and consists of, members of both chambers to resolve disagreements on a particular bill...
consisting of the 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
Governor of Massachusetts
The Governor of the Commonwealth of Massachusetts is the executive magistrate of the Commonwealth of Massachusetts, United States. The current governor is Democrat Deval Patrick.-Constitutional role:...
, 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 becomes law without his or her signature), veto
Veto
A veto, Latin for "I forbid", is the power of an officer of the state to unilaterally stop an official action, especially enactment of a piece of legislation...
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. This is referred to as a "pocket veto
Pocket veto
A pocket veto is a legislative maneuver in United States federal lawmaking that allows the President to veto a bill indirectly.The U.S. Constitution limits the President's period for decision on whether to sign or veto any legislation to ten days while the United States Congress is in session...
." This ten-day period includes Sundays and holidays, even if they fall on the tenth day, and it begins the day after the legislation is laid on the governor's desk.
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. The day after the governor signs the bill is considered to be the first day, and each succeeding day, including Sundays and holidays is counted until the ninetieth. Laws considered "emergency" in nature take effect immediately upon signing if the legislature has voted to attach an "emergency preamble" to the bill. Adoption of the preamble requires a two-thirds standing vote of the membership. The governor may also declare an act to be an emergency law and make it effective at once. A special act takes effect thirty days from the day it is signed, unless it contains a provision to make it effective immediately.
Further reading
- Noah Bierman. "Legislators’ vital work veiled from public’s eye". The Boston GlobeThe Boston GlobeThe Boston Globe is an American daily newspaper based in Boston, Massachusetts. The Boston Globe has been owned by The New York Times Company since 1993...
, July 8, 2011.