SENATE . . . . . . . . . . . . . . . . No. 10
Senate, February 4, 2021– Text of the proposed Senate Rules recommended by the temporary
committee on Rules to be adopted as the permanent rules of the Senate for 2021-2022.
The Commonwealth of Massachusetts
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In the One Hundred and Ninety-Second General Court
(2021-2022)
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RULES OF THE SENATE
THE PRESIDENT.
1. The President shall take the chair at the hour to which the Senate stands adjourned, shall call
the members to order, and, on the appearance of a quorum, shall proceed to business. [1831; 1888.]
1A. Every formal session of the Senate shall open with a recitation of the “Pledge of Allegiance
to the Flag”. At the discretion of the President, in order to mark an occasion of particular
significance, a Senate session or component thereof may include a moment of silence, prayer or
other expression of personal belief. [1989; 2015.]
2. The President shall preserve order and decorum, may speak to points of order in preference to
other members, and shall decide all questions of order subject to an appeal to the Senate. The
President shall rise to put a question, or to address the Senate, but may read sitting. [1817; between
1821 and 1826; 1831; 1888.]
3. The President may vote on all questions. [1826.]
4. The President may appoint a member to perform the duties of the chair for a period not
exceeding 3 days at any one time. [1831; 1862; 1865; 1888; 1971.]
4A. The Senate President shall be elected by roll call vote on the Senate floor. This rule shall not
be suspended except by a vote of four-fifths of the members present and voting thereon. Rule 63
shall not apply to this case and no other rule shall supersede the requirement of four-fifths vote to
suspend this rule. [1993; 2002, 2019.]
4B. The Senate President, Majority Leader and the Minority Leader shall, upon declaration of
candidacy for any other state or federal elective office, relinquish said position. [2003; 2015.]
5. In case of a vacancy in the office of President, or in case the President, or the member
appointed by the President to perform the duties of the chair, is absent at the hour to which the
Senate stands adjourned, the longest continuously serving, and in the event that two or more
members equally qualify as longest continuously serving, then the eldest among those members
shall call the Senate to order, and shall preside until a President, or Acting President, is elected
by ballot or by roll call vote as the Senate shall by majority vote determine, and such election
shall be the first business in order. [1831; 1885; 1888; 1971; 1985; 2003; 2013; 2017.]
5A. In case of extreme emergency, the President of the Senate may for a period not exceeding 2
days, in conformity with Article 6, Section II, Chapter 1 of the Constitution, cause a session of
the Senate to be cancelled. Each member of the Senate insofar as is practicable shall be notified
of such action. The President may also declare a session informal in nature, with prior notice
given. Notice of such action shall be printed in the Journal of the Senate by the Clerk of the
Senate and the printing of a calendar shall be suspended with reference to an informal session
under this rule. Matters considered in an informal session shall have either received a public
hearing or other disposition by a committee of relevant subject matter jurisdiction.
In the case of an informal session, only reports of committees and matters not giving rise to
formal motion or debate shall be considered. No motion or order of business shall lose its
precedence but shall be carried over until the next formal session. [1971; 1973.]
5B. [Omitted in 2011.]
5C. Upon a vacancy in the Senate, with the exception of any vacancy that occurs after April 1 in
an even-numbered year, a date for a special election shall be scheduled by the President of the
Senate within 20 days after the vacancy occurs and the proposed date of the special election shall
then be put before the members of the Senate for a vote. [2011, 2019.]
CLERK.
6. The Clerk shall keep a journal of the proceedings of the Senate, and shall cause the same to be
presented daily. The Clerk shall, in the journal, make note of all questions of order, and enter at
length the decisions thereon. The Clerk shall insert in an appendix to the journal the rules of the
Senate and the joint rules of the two branches. During sessions, except full formal sessions, each
Senator shall have the opportunity to read into the journal, or cause to be printed in the journal, a
ceremonial speech not to exceed 650 words, provided an electronic copy of the remarks is
supplied to the Clerk. The clerk shall post online special reports of state officials, departments,
commissions, boards, and other reports as required by law, as received by the Senate Clerk,
unless otherwise ordered by the Senate Committee on Rules. [1882; 1888; 2015.]
7. The Clerk, with the approval and direction of the President and the Committee on Rules, shall
prepare and cause to be presented each day a calendar of matters in order for consideration. The
calendar for a session shall be available to the members and the public at least 2 calendar days
prior to the start of that session, except when formal sessions are held on consecutive days. The
calendar for any formal session on a day following a formal session shall be available to the
members and to the public as soon as practicable and, in any event, no later than 2 hours prior to
the start of that session. The agenda for sessions shall be available to the members and the public
at least 1 calendar day prior to the start of that session, except when sessions are held on
consecutive days. The presentation of a calendar may only be suspended by a 2/3 vote of all
members present and voting as determined by a call of the yeas and nays. The calendar shall
consist of at least 4 separate sections. One section shall contain those matters for third reading
and engrossment. No matters shall be considered for third reading that do not appear on this
section of the calendar without unanimous consent. One section shall contain those matters held
by the Senate committee on Bills in the Third Reading. One section shall contain those matters
appearing on the Senate Calendar for the first time. No matters shall be considered for second
reading that do not appear on this section of the calendar without unanimous consent. One
section shall contain those matters which shall be on the Senate Calendar for the first time at the
following formal session. No matters shall be considered for a second reading at a formal session
that were not on the Calendar for the previous formal session. It shall be mandatory, however,
that a bill or resolve ordered to third reading on one calendar day shall appear on the calendar at
the following formal session. The Clerk, with the approval and direction of the President and the
Committee on Rules, may prepare the calendar, with such memoranda as the Clerk may deem
necessary, in a form designed to provide complete information and to properly facilitate the
business of the Senate. When the presentation of the calendar required under this rule is
suspended under Rule 5A, a session shall be considered informal and no matter shall be
considered if a member at said session objects to its consideration. After the conclusion of
formal business as described in Joint Rule 12A, a member may object to a particular matter,
provided they have placed their request in writing to the Senate Clerk prior to the start of the
session.
Upon conclusion of all formal business pursuant to Joint Rule 12A, the Clerk shall not be
required to print of a calendar pursuant to this rule. [1882; 1888; 1945; 1971; 1974; 1985; 1991; 1993; 2015;
2017.]
7A. To better facilitate the business of the Senate, whenever possible, and notwithstanding any
rules to the contrary, during consideration of the new matters on the calendar each day, the chair
shall first declare a recess so that members may examine the items. The chair shall then ask for
passes on the second reading matters. Second reading matters with amendments pending will
automatically be considered separately. The chair shall direct the Clerk to dispense with the
reading of each title, but the journal for that day shall show that the bills have been read a second
time. The question shall then come on ordering those second reading matters which have not
been passed for debate to a third reading. Matters passed for debate shall be considered on the
second call.
The same procedure shall be followed with relation to adverse reports appearing in groups on the
calendar. Adverse reports passed for debate shall be considered on the second call. The question
shall be put by the chair on the acceptance of all remaining adverse reports not passed for debate.
[1975.]
7B. The Clerk of the Senate shall be the official parliamentarian of the Senate. [1973.]
8. [Omitted in 1969.]
8A. The Clerk shall make available on the official website of the General Court the results of all
roll call votes not later than 48 hours after such vote is taken, not including quorum calls, in a
manner easily identifiable, searchable, and conspicuously located. The Clerk shall include the
title and number of the matter subject to debate, the number of the roll call and the title of the
matter voted upon. The Clerk shall as soon as practicable make available links to the roll calls,
which include the text of the amendment or matter voted on. [2007; 2011; 2013; 2015; 2017.]
9. When a bill or resolve coming from the other branch does not appear in the form in which it
was passed in that branch, the Clerk shall indicate the amendments on the Orders of the Day.
[1882.]
COUNSEL TO THE SENATE.
9A. The Counsel to the Senate and members of the staff of said Counsel shall not engage in the
private practice of law during ordinary business hours or while the Senate is in session. The
Counsel to the Senate and the staff of said Counsel shall be available at all times for consultation
with the President and members of the Senate in relation to matters pending before the
Senate and must at all times act in accordance with the conflict of interest law and the Rules of
Professional Conduct for Lawyers. The Senate Counsel and members of the Counsel’s legal staff
shall not simultaneously serve as staff in any Senator’s office. [1976; 2015.]
MEMBERS OF THE SENATE.
10. No member, officer, or employee shall use or attempt to use improper means to influence an
agency, board, authority, commission of the Commonwealth, any political subdivision of the
Commonwealth, or any other entity. No member, officer, or employee of the Senate shall receive
compensation or permit compensation to accrue to the member, officer or employee’s beneficial
interest by virtue of influence improperly exerted from the member, officer or employee’s
position in the Senate. Every reasonable effort shall be made to avoid situations where it might
appear that the member, officer or employee is making such use of the member, officer or
employee’s official position. Members, officers, and employees should avoid accepting or
retaining an economic interest or opportunity which represents a threat to their independence of
judgment.
No member, officer, or employee shall use confidential information gained in the course of or by
reason of the member, officer or employee’s official position or activities to further the member,
officer or employee’s financial interest or those of any other person. [1977; 2015.]
10A. No member, officer, or employee shall employ anyone from state funds who does not
perform tasks which contribute to the work of the Senate and which are commensurate with the
compensation received; and no officer or full time employee of the Senate shall engage in any
outside business activity during regular business hours, whether the Senate is in session or not.
No member of the Senate shall act on a matter before a committee or vote on any question in
which the member’s private right is immediately concerned, distinct from the public interest. All
employees of the Senate are assumed to be full time unless their personnel record indicates
otherwise. [1977.]
10B. Interns and temporary employees of the Senate, who are students at an accredited
educational institution and who are employed by the Senate for not more than 6 months, may
receive compensation from an educational institution or other non-profit organization under
section 501(c)(3) of the Internal Revenue Code, according to that organization’s regular program
of providing such compensation for temporary governmental or public service employment. A
temporary employee’s Senate supervisor shall establish the employee’s total compensation, shall
verify that the sum of the employee’s state compensation, if any, and any outside compensation
that the employee is to receive under this rule would not exceed this total compensation, and
shall file the written terms of the employee’s compensation with the Senate Office of Human
Resources, where it shall be available for public inspection.
Each intern or temporary employee shall complete and have on file a form documenting the
internship or temporary employment, in a format approved by the Senate Committee on Rules, to
be signed by the intern’s or temporary employee’s Senate supervisor. [2003; 2013, 2019.]
10C. There shall be within the Senate Office of Human Resources an Officer of Diversity and
Inclusion who shall promote policies to direct and guide offices to recruit, hire, train, develop,
advance, promote and retain a diverse workforce, consistent with Senate Rules, regulation and
law. The Senate Office of Human Resources shall provide or otherwise make available implicit
bias training to all members, officers and staff and such training shall be mandatory.
11. Unless someone doubts the presence of a quorum, the Senate shall not be affected by the
absence of a Senator. [1817; 2015.]
11A. Each member of the Senate shall be assigned an office in the State House. Each member
shall employ and dismiss personal and committee staff in accordance with the Senate Handbook.
[1983; 1985; 1993; 2003; 2015.]
11B. No member of the Senate shall hold, for more than 8 consecutive years, the office of
President of the Senate. [1993; 2001.]
11C. The Committee on Rules shall ensure that each member of the Senate is able to receive
Internet electronic mail from members of the public. [2001; 2003; 2015.]
11D. The Committee on Ethics shall sponsor ethics training for members and staff within 90
days of the opening of the biennial session. Ethics training shall be mandatory for all members
and staff. [2009; 2015.]
11E. Members of the Senate may be compensated for service in no more than 2 positions,
whether as a member of leadership or as a chair, vice-chair or ranking member of a committee.
[2017, 2019.]
11F. No member, officer, or staff shall violate the Senate’s anti-harassment policy. Members,
officers, and staff shall receive anti-harassment and bystander intervention training within 90
days of the opening of the biennial session. All members, officers, and staff beginning
employment after the anti-harassment and bystander intervention training held within 90 days of
the opening of the biennial session shall complete anti-harassment and bystander intervention
training at the next available training opportunity. Anti-harassment and bystander intervention
training shall be mandatory for all members, officers, and staff and all members, officers, and
staff shall confirm completion of the training. This rule shall not be suspended.[2019.]
11G. The Senate shall not include or permit a nondisclosure, non-disparagement or other similar
clause in an agreement or contract between the Senate and a member, officer or employee. The
Senate shall not seek to enforce a nondisclosure, non-disparagement or other similar clause in an
existing agreement or contract between the Senate and a member, officer or employee. This rule
shall not be suspended. [2019.]
COMMITTEES.
12. The following standing committees shall be appointed by the President, to wit:
A Committee on Bills in the Third Reading;
To consist of 5 members, 1 of whom shall be appointed by the Minority Leader.
A Committee on Post Audit and Oversight;
To consist of 8 members, 2 of whom shall be appointed by the Minority Leader.
A Committee on Ethics;
To consist of 7 members, including 2 members appointed by the Minority Leader.
A Committee on Rules;
To consist of 7 members, including 2 members appointed by the Minority Leader.
A Committee on Global Warming and Climate Change;
To consist of 6 members, 1 of whom shall be appointed by the Minority Leader.
A Committee on Steering and Policy;
To consist of 5 members, 1 of whom shall be appointed by the Minority Leader.
A Committee on Ways and Means;
To consist of 18 members, including 3 members appointed by the Minority Leader.
A Committee on Intergovernmental Affairs;
To consist of 6 members, including 1 member appointed by the Minority Leader.
A Committee on Redistricting;
To consist of 7 members, including 1 member appointed by the Minority Leader.
A Committee on Personnel and Administration;
To consist of 7 members, including 2 members appointed by the Minority Leader.
Committee hearings and executive sessions shall not be scheduled in conflict with formal
sessions of the Senate unless the chair submits to the Clerk a written explanation for scheduling
the hearing or session in conflict with the formal session and said written explanation shall be
published in the senate journal. Committees shall notify the clerk of the time, place and agenda
of a public hearing or executive session not less than 72 hours prior to the time of such meeting
and the clerk shall inform all senate members electronically and publish such information on the
official website of the General Court whenever practicable. If public testimony is being solicited
by the committee, agendas shall include an electronic mail address and a physical mail address
for the submission of testimony and shall inform the public that testimony received may be made
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