Informal vs. Formal Session
As the Formal Legislative Session came to a close on July 31st, I wanted to provide some information on all of the ways that a bill can become law in the Massachusetts State Legislature, specifically concerning informal, which continue at least twice a week until January 2025, and formal sessions, which just ended.
The Massachusetts State Legislature sits in a biennial session, which begins on the first Wednesday in January of the odd numbered years (most recently 2023). Under Joint Rule 12A, all formal business of the first year of the session must be concluded by the third Wednesday in November of that year. The Legislature then sits in an informal session until the first Wednesday in January of the second year (even numbered years - most recently 2024), at which time the Legislature begins formal sittings until the last day of July of the second year, and finishes the remainder of the session in an informal sitting.
Any matter pending before the legislature at the end of the first year of its biennial session will carry over into the second legislative year in the same legislative status as it was at the conclusion of the first legislative year.
The Legislature can meet in either a formal or an informal session. By law, the House of Representatives must be in an informal session every 48 hours, but the scheduling of informal and formal sessions in each branch is determined by the Speaker of the House and the Senate President.
In an informal session, no roll call (or recorded) votes are taken. This means that the only bills that are off-limits are ones that require a recorded roll call vote, such as bond bills, certain land transfers bills, and overrides of vetoes by the Governor. Bills, typically involving non-controversial issues in which no legislator voices disagreement, are considered and are approved by a voice vote. If any member present in the informal session objects, the matter or motion does not advance. While attendance is not taken, a handful of members usually attend the session in order to object, if necessary.
A formal session considers and acts upon reports of the committees, messages from the Governor, petitions, orders, enactments, papers from the other branch, matters in the Order of the Day, and any other issues where public debate occurs and recorded roll call votes may be taken. Formal sessions are typically attended by all the members.
Informal sessions are common in most legislative bodies, allowing routine business to advance without demanding the attendance of all members so that lawmakers can focus their time and attention on preparing, negotiating, and organizing key issues that will be debated and compromised as needed to obtain majority approval. Under the rules (12A), the final five months are spent exclusively in informal sessions to prevent “lame duck” sessions, in which departing legislators who are no longer accountable to the voters can pass laws.
All of that being said, I share the sentiment of disappointment with many of you that more legislative priorities did not advance on July 31st. There is not a single legislator who does not agree that we should have accomplished more by the end of July. Still, I remain hopeful (and working) as bills can still pass during informal sessions for the remainder of this year. Indeed, the Speaker and the Senate President have both publicly confirmed that the current conference committees, that range on a number of topics, will continue to work and that they will continue to look to pass important legislation in the informal session. Every year some significant legislation passes in an informal session and becomes law, and I do not anticipate this year to be any different. I will keep working to press the issues of importance, such as addressing the climate crisis and our health care system, until the end of the term in January.