When Does a Bill Go into Effect in MA?

According to the Legislative Research and Drafting Manual, in Massachusetts a bill has the “force of law” when “(1) the Governor signs it, (2) when the Governor lets a bill become law by taking no action on the bill for 10 days after it is ‘laid before the Governor,’ (3) when both houses of the Legislature, each by a two-thirds roll call vote, pass the bill over the Governor’s veto, or (4) if an initiative petition is successful.”

When a bill becomes a law, it doesn’t usually go into effect right away.  It’s important to first look at the language of the bill, which will help determine what kind of law it is and when it will take effect in Massachusetts.  Here are some rules to keep in mind:

90 Days:
General legislation of a permanent nature, without an emergency preamble, becomes effective 90 days after being signed by the governor, which includes weekends and holidays.  The delay gives voters time to start the referendum petition process if voters want to repeal the law.

30 Days:
Acts that are not subject to a referendum typically take effect after 30 days, unless otherwise stated in the text of the law.  Special acts often fall under this category.

Laws that are not subject to a referendum include laws about: religious matters; the appointment, tenure, and removal of judges; the powers of the courts; if the law is restricted to a specific city or town; or appropriation acts.

Immediately:
Some acts are declared “emergency laws” and have emergency preambles that state that the passage of the law is “necessary for the immediate preservation of the public convenience [or health, or safety];” both the House and Senate must first approve emergency preambles.  Emergency laws go into effect immediately, even if they are subject to a referendum process.

Similarly, the governor can also file an emergency letter with the secretary of the commonwealth’s office to have a law become effective immediately, even if it is subject to a referendum.

Resolves take effect immediately unless the text of the resolve states otherwise.

Other:
Some acts have specific provisions regarding effective dates, which can usually be found in the last section of the act.  It’s also important to note that an act can also be made up of sections that have different effective dates.

Sources:
Legislative Research and Drafting Manual (downloads a pdf)
https://malegislature.gov/Content/Documents/General/LegislativeDraftingManual.pdf

Handbook of Legal Research in Massachusetts, by Mary Ann Neary et al.:  https://bark.cwmars.org/eg/opac/record/2922247?locg=111


Kaitlin Connolly
Reference Department