The 194th session of the Massachusetts General Court began with both Senate President Karen Spilka and Speaker Ron Mariano promising to take up rules reforms in the service of a more accountable, transparent, and efficient legislative process.
It was clear that this was a direct result of years of advocacy from activists who understood that good process and good outcomes go hand in hand (including a broad coalition push at the start of this session to shape the outcome), the wide margin that Question 1 achieved statewide and in every city/town, and the increased media coverage of State House dysfunction.
What are the rules, and why should you care? Legislative rules govern things like who has access to what information, when things need to happen, what happens in the open vs. behind closed doors, and much more. We know from years of following the Legislature that the mega-rich and large corporations can always get behind closed doors, but we, the people, can’t. And such top-down, non-transparent legislating tips the scales away from working people, from marginalized communities, and from the public interest in general.
The Senate passed its proposed changes to the Joint Rules (joint = House and Senate acting together) and its own chamber rules earlier this month. The House did today.
For each chamber, the rules they adopt for themselves (House rules, Senate rules) are now done. But the rules governing them acting together still need further negotiations. When House and Senate differ, they must go to a conference committee to negotiate a compromise. And they haven’t succeeded at this for the Joint Rules for several sessions. With both chambers proposing important reforms, we need to make sure that this session is different.
So what reforms are at stake? Let’s go through them below. (Want to see the text for each? Check out our deeper dive here.)
House vs. Senate: Drafter of Bill Summaries
The House and Senate both propose requiring bill summaries for every bill in advance of a hearing, but the House wants committee staff to draft the summaries whereas the Senate wants the lead sponsors to.
House vs. Senate: Hybrid Hearings & In-Person Privileges
The House and Senate both continue the practice of hybrid hearings, but the House wants to require in-person attendance for committee members and privilege in-person public testimony over that delivered virtually.
House vs. Senate: Hearing Notice
The Senate’s proposal would increase the required hearing notice to 5 days as opposed to the current 72 hours, which the House would like to keep.
House vs. Senate: Making Testimony Public
Both House and Senate proposals take steps toward making testimony public. The Senate’s proposal intends for testimony to be published on the Legislature’s website, whereas the House proposal is unclear about whether relevant testimony would be published or available upon request. In both cases, there is an acknowledgement that testimony with sensitive information would be redacted. Notably, in the Senate’s own chamber rules, the Senate has expressed an intent to publish testimony regardless of what is decided in the Joint Rules.
House vs. Senate: Committee Votes
Both the House and Senate proposals endorse the concept of publishing committee votes, provided that the House language does not maintain a distinction between “roll call votes” and “electronic polls.” The House proposal would require that members be provided with redlined versions of the bill prior to a vote, with that markup made publicly available (whether posted or available upon request, though, is unclear). Notably, in the Senate’s own chamber rules, the Senate has expressed an intent to publish its own members’ votes regardless of what is decided in the Joint Rules.
House vs. Senate: Reporting Deadlines
Both chambers would like to see the reporting deadline for bills moved up from the first Wednesday in February to a date in December: the first Wednesday for the Senate and the third Wednesday for the House.
The House proposal includes a rolling reporting deadline, with committees required to take action within 60 days of a hearing, with the possibility of a 30-day subsequent extension (and longer with unanimous consent), but not past the third Wednesday in March.
The Senate proposal would mark bills receiving no action as being given an adverse report; the House proposal would mark them as being sent to study.
House vs. Senate: Conclusion of Session
Both chambers’ proposals would extend the Legislature’s ability to take votes after the July 31 end date for the formal legislative session.
Nearly Identical Changes Made in Both
New in Both: Chamber Privilege over Chamber Bills
New text in both chambers’ proposals would give greater Senate control over Senate bills and greater House control over House bills.
No Corresponding Language In Other Chamber’s Proposal
House (only): Attendance Reports
The House’s proposed joint rules require a record of attendance at committee hearings, to be published online.
House (only): Detailed Conference Reports
The House’s proposed joint rules require conference reports to lay out the areas of disagreement and what each chamber fought for.
Senate (only): Open Conference Committee Meetings
The Senate proposal guarantees that the first meeting of a conference committee will be fully public.
Senate (only): Indigenous Leaders
The Senate proposal would require that leaders of Indigenous communities be afforded the same privileges in speaking order as other public officials.
Senate (only): Time Before Voting on Conference Reports
The current rules, as reflected in the House language for Joint Rules, state that a conference committee can file a report at 8 pm and vote on it as early as 1 pm the next day. The Senate would require at least one full day in between.