The Pathway to How a Bill Becomes a Law

As the 2023-2024 legislative session in Massachusetts picks up, the sheer volume of bills and number of steps in the legislative process can quickly become overwhelming and quite complicated. Given most bills are beginning the process, a refresher of how exactly a bill becomes a law could be useful for us all. The bills were just recently referred to committees and are therefore still in the initial stages, with just a few exceptions having already been signed. To make these next months of bill tracking easier for you, we’ve put together this guide for how a bill becomes a law.

Bill filling

Every session, each bill starts in the same place: bill filing. All bills that hope to become laws must be filed by their respective sponsor by 5pm on the 3rd Friday in January at the start of each session. However, it is important to note sessions begin in odd numbered years and end in even numbered ones. Once a bill has been filed in the Clerk’s Office, either the House Clerk or the Senate Clerk, then assigns it a docket number. When the bill is assigned to a joint committee, it is then assigned a bill number by the Senate and House clerks. Each bill either begins with “S '' to denote the Senate or “H” to denote the House. However, in certain instances, bills may be filed late. This is only possible with a report from the Committee on Rules from both chambers, as well as approval from two-thirds of the members of each chamber. 

Joint Committee Hearings

Once filed, some bills are referred to specific Joint Committees based on their subject matter. Committees hold public hearings and debate bills, with the goal of determining whether to pass it on to the next stage or not. The committees must hold a hearing, that is open to the public and all interested parties, and issue a report on each bill referred. An “Executive Session” then follows, in which committees can offer recommendations. While it is also open to the public, only committee members may speak during this time. The committee then issues their report to the Clerk's office as either favorable or unfavorable. Favorable bills are then able to proceed in the process. A bill can also be reported as ‘ought not to pass,’ in which case it dies. A bill can also be referred to a ‘study order’ which in theory allows for committees to further study the bill in question and other similar ones. In practice, however, a study order often means the committee was unable or unwilling to make a decision, and the bill is effectively dead. A joint committee also has the ability to recommend changes or redraft the bill as deemed fit. Committee evaluations is the first step in vetting out bills, as only those reported favorably continue on.

Bill Readings

Once a bill receives a favorable report from its designated committee it then continues through the legislative process to the bill readings. Each bill receives three mandatory readings during this process. The first reading is done in each branch of the General Court and it is based on the committee report. This report is delivered by the Clerk of either the House or Senate. If the bill has received a favorable report from its committee it is then sent to the Committee on Steering and Policy. However, it is important to note that if the bill deals with state finances it goes to the Ways and Means committee first.

The second reading occurs once a bill is released from Steering and Policy or Ways and Means. Upon release, it is placed into the Orders of the Day where the chamber floor opens for debate to discuss the bill and potential amendments. In order to send the bill to a third reading, a roll call vote or a voice vote in favor of the bill is needed. 

Third reading occurs when a bill that received approval during the second reading and is sent to the Committee on Bills in the Third Reading. While in this committee, a bill is checked for legal issues and correct citations. Upon release from this committee it is read for a third and final time in the chamber. During this time, the bill still may be debated/amended. 

Engrossment & Enactment

Once released from the Committee of Bills in the Third Reading, it is brought before the chamber for a debate and a vote on engrossment, meaning the bill is ready to be printed in its final form by one chamber, without any further amendments. Once it has been engrossed in one chamber, it is sent to the other, and the reading cycle is repeated. If the bill was filled in both the House and the Senate, an enactment vote must occur in both chambers. The term enactment means the bill is in its final form and agreed upon by both chambers.

Conference Committee 

If there are differences between the House and Senate versions of the bill, both chambers have to agree on one version. This calls for a Conference Committee which is a temporary committee with the sole purpose of resolving these differences. This committee is appointed by the Speaker of the House & the Senate President and consists of 3 senators and 3 representatives, with one being from the minority party for each. The chairperson of the original committee is often selected to be chairperson of the Conference Committee as well. The compromised version of the bill, in the conference report, is then sent to the original chamber for approval and then to the other chamber as well for final approval. Conference reports cannot be amended. If approved by both chambers, the bill is passed on to the Governor’s office. If rejected by one chamber, it is sent back to the Conference Committee for further negotiation. 

Governor’s Actions

Once the bill has been sent for final approval to the Governor’s office, there are many different actions the Governor can take to dictate this bill’s future. Of course, they could sign the bill and it typically will then become a law after 90 days. Or, if they don’t want to approve the bill they can veto it where it is then returned to the General Court with the reasons for the veto. In the General Court, the veto can then be overridden with a two-thirds vote in both chambers of the legislature. 

If the Governor does not sign or veto the bill within 10 days while the legislature is in session the bill still becomes a law. On the opposite end, if the Governor does not sign or veto the bill within 10 days and the legislature has adjourned, then the bill is then pocket vetoed and does not pass.

Finally, the Governor can return the bill to the General Court with recommendations to changes and amendments they believe should be added in order for this bill to be signed into law. This is not the same as a veto however, because the Governor is not striking down the bill and the legislature has the option of returning the bill back to the Governor without adopting the proposed changes.

Effective Date of Legislation

If a bill is signed into law, its effective date of legislation varies. The majority of bills go into effect after 90 days. When counting days, it is done in succession and includes holidays as well as weekends. The Legislature and Governor can either include an effective date within the legislation, or add an emergency preamble, which makes the bill effective immediately upon signing. 

The Commonwealth’s legislative process is clearly complex and multifaceted. As bills begin this process it is vital to understand the many steps and hoops to jump through required of bills to finally be enacted in law. A comprehensive understanding of the legislative process is essential for any and all groups involved in and around legal change in Massachusetts. 

Keeping track of the status of all of the important bills seems daunting, but InstaTrac makes it easy. With each bill’s outlined history and a status bar, the progress of each bill is easily seen and kept track of. Additionally, with daily bill and amendment alerts, InstaTrac does the hard work of tracking for you! Never miss a blog post - and stay on top of what’s happening on Beacon Hill! Follow us on Twitter,Linkedin, Youtube, or Instagram.