Massachusetts Artists Leaders Coalition

Artists leaders and artist-run groups addressing policy issues that affect artists in Massachusetts

DIYA: Bill Filing Process

The 189th General Court of Massachusetts (the State Legislature) kicked off its two-year legislative session last week. It is abuzz with activity as representatives, senators, and staffers work to file legislation before this Friday, Jan. 16, at 5 p.m.

By rule, all bills filed by the third Friday of January in a new legislative session are guaranteed a hearing in committee. Late bills may be filed throughout the legislative session, but they might not be heard in committee.

The Filing Process

Right now, lobbyists, advocates, and concerned citizens are flooding the phone lines, inboxes, and offices of state legislators. No doubt, representatives and senators are being approached at local coffee shops and implored to file all manner of legislation. More than 7,000 bills are expected to be filed. Only about 150 of them will be enacted into law within the next two years.

There are four ways a bill gets filed. Or, to be more precise, there is one way bills get filed and four variations. Legislators may file a bill under their own auspices, as the bill’s sponsor. They may alternatively file a bill “By Request.” Essentially, it’s the same filing process but the “By Request” classification indicates the bill is being filed for a constituent and that the legislator does not necessarily support it.

Bills tagged as “By Request” (surprise surprise) don’t usually move very far through the legislative process. However, many bills that get filed without the “By Request” qualifier are de facto by request (of a lobbyist, advocate, or coffee shop patron) and the legislator is not very keen to fight for it. Hence why so many bills get filed.

The third way of filing a bill is for a constituent to file it directly with the House Clerk or Senate Clerk. This is known as the “Right of Free Petition,” and is not a very effective way to move legislation. The deadline for citizens to file a bill is the first Wednesday in December preceding the start of a new legislative session. Citizens may late file bills, but then 4/5 of each branch of the legislature must approve its admittance.

Finally, all of the state’s constitutional officers (elected executive officials) may file legislation. The Governor, Lt. Governor, Secretary of the Commonwealth, Attorney General, Treasurer, and Governor’s Council members may file legislation. The reality that emerges is every citizen may file legislation. Of course, the chances of random legislation becoming law is essentially zero percent.

Once the bills are filed, legislators will have until 5 p.m. on Friday, Jan. 30 to sign on as co-sponsors of bills they support. Bills that garner a lot of co-sponsors will most likely fare better than bills that do not. Yet again, legislators are under tremendous pressure from constituents and interest groups to sign on to basically every bill filed.

Beyond The Filings

Once the bills are filed, they are given docket numbers and sent to the Joint Committee most related to the bill. For example, a bill proposing legalizing the use of red light traffic cameras in the state might be sent to the Joint Committee on Public Safety and Homeland Security. Joint Committees are comprised of both representatives and senators. It is within the committees that legislation is initially debated.

MALC watches/works with the following Joint Committees (https://malegislature.gov/Committees/Joint):

  • Joint Committee on Tourism, Arts and Cultural Development
  • Joint Committee on Community Development and Small Businesses
  • Joint Committee on Consumer Protection and Professional Licensure
  • Joint Committee on Economic Development and Emerging Technologies
  • Joint Committee on Education
  • Joint Committee on Elder Affairs
  • Joint Committee on Health Care Financing
  • Joint Committee on Higher Education
  • Joint Committee on Housing
  • Joint Committee on the Judiciary
  • Joint Committee on Labor and Workforce Development
  • Joint Committee on Mental Health and Substance Abuse
  • Joint Committee on Public Health
  • Joint Committee on Public Safety and Homeland Security
  • Joint Committee on Public Service
  • Joint Committee on Revenue
  • Joint Committee on Telecommunications, Utilities and Energy

Bills only make it to the floor of the House and Senate for debates and votes if they survive the committees. Stay tuned to MALC for updates on the bills we’ll be watching this legislative session. We’ll be sifting through thousands of bills to figure out which ones can help the creative sector, which ones would hurt it, and which ones have a realistic chance of becoming law.

For more detailed information: http://www.sec.state.ma.us/trs/trslaw/lawidx3.htm

Written by John Weeks with contributions from Kathleen Bitetti