1 | 1 | | 1 of 62 |
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2 | 2 | | HOUSE DOCKET, NO. 28 FILED ON: 1/31/2023 |
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3 | 3 | | HOUSE . . . . . . . . . . . . . . . No. 2025 |
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4 | 4 | | The Commonwealth of Massachusetts |
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5 | 5 | | House of Representatives, January 31, 2023. |
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6 | 6 | | _______________ |
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7 | 7 | | In the One Hundred and Ninety-Third General Court |
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8 | 8 | | (2023-2024) |
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9 | 9 | | _______________ |
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10 | 10 | | 1 Ordered, “Committees. |
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11 | 11 | | 21. 1. Joint standing committees shall be appointed at the beginning of the biennial session as |
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12 | 12 | | 3follows:- |
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13 | 13 | | 4A committee on Advanced Information Technology, the Internet and Cybersecurity; |
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14 | 14 | | 5A committee on Agriculture; |
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15 | 15 | | 6A committee on Bonding, Capital Expenditures and State Assets |
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16 | 16 | | 7A committee on Cannabis Policy; |
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17 | 17 | | 8A committee on Children, Families and Persons With Disabilities; |
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18 | 18 | | 9A committee on Community Development and Small Businesses; 2 of 62 |
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19 | 19 | | 10A committee on Consumer Protection and Professional Licensure; |
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20 | 20 | | 11A committee on Emergency Preparedness and Management; |
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21 | 21 | | 12A committee on Economic Development and Emerging Technologies; |
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22 | 22 | | 13A committee on Education; |
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23 | 23 | | 14A committee on Elder Affairs; |
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24 | 24 | | 15A committee on Election Laws; |
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25 | 25 | | 16A committee on Environment and Natural Resources; |
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26 | 26 | | 17A committee on Financial Services; |
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27 | 27 | | 18A committee on Health Care Financing; |
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28 | 28 | | 19A committee on Higher Education; |
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29 | 29 | | 20A committee on Housing; |
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30 | 30 | | 21A committee on the Judiciary; |
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31 | 31 | | 22A committee on Labor and Workforce Development; |
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32 | 32 | | 23A committee on Mental Health, Substance Use and Recovery; |
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33 | 33 | | 24A committee on Municipalities and Regional Government; |
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34 | 34 | | 25A committee on Public Health; |
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35 | 35 | | 26A committee on Public Safety and Homeland Security; 3 of 62 |
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36 | 36 | | 27A committee on Public Service; |
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37 | 37 | | 28A committee on Racial Equity, Civil Rights and Inclusion; |
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38 | 38 | | 29A committee on Revenue; |
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39 | 39 | | 30A committee on State Administration and Regulatory Oversight; |
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40 | 40 | | 31A committee on Telecommunications, Utilities and Energy; |
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41 | 41 | | 32A committee on Tourism, Arts and Cultural Development; |
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42 | 42 | | 33A committee on Transportation; and |
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43 | 43 | | 34A committee on Veterans Affairs. |
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44 | 44 | | 35Each to consist of 6 members of the Senate, and 11 on the part of the House except the |
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45 | 45 | | 36committees on Bonding, Capital Expenditures and State Assets, Economic Development and |
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46 | 46 | | 37Emerging Technologies, Public Safety and Homeland Security, Mental Health, Substance Use |
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47 | 47 | | 38and Recovery, Health Care Financing and Transportation which shall consist of 7 members of |
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48 | 48 | | 39the Senate and 13 of the House. |
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49 | 49 | | 40Within 4 weeks of the appointment of joint standing committees in the first annual session of the |
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50 | 50 | | 41General Court, each joint standing committee shall adopt rules of procedure regarding its |
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51 | 51 | | 42conduct. Said rules of procedure, together with any amendments, shall be filed with the Clerk of |
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52 | 52 | | 43the Senate and the Clerk of the House and shall be available to the public and members of the |
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53 | 53 | | 44General Court on the official website for the General Court. 4 of 62 |
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54 | 54 | | 45Except as provided by Joint Rule 1E, each matter shall be referred only to 1 joint committee for |
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55 | 55 | | 46consideration and all reports of matters by joint committees shall be made to the House or the |
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56 | 56 | | 47Senate, under Joint Rule 4, not to another joint committee. The committee to which a matter is |
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57 | 57 | | 48initially referred may discharge the matter to another committee with jurisdiction over the matter. |
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58 | 58 | | 49Matters referred by either the Senate or the House to its committee on Ways and Means shall be |
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59 | 59 | | 50considered by the respective committees of the 2 branches, acting as a joint committee, when, in |
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60 | 60 | | 51the judgment of the chairs of the respective committees of the 2 branches, the interests of |
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61 | 61 | | 52legislation or the expedition of business will be better served by such joint consideration. Matters |
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62 | 62 | | 53may also be referred to the committees on Ways and Means, of the 2 branches, as a joint |
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63 | 63 | | 54committee. |
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64 | 64 | | 55The committees on Rules, together with the presiding officers of the 2 branches, acting |
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65 | 65 | | 56concurrently, may consider and suggest such measures as shall, in their judgment, tend to |
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66 | 66 | | 57facilitate the business of the session and a majority vote of the 2 branches shall be required to |
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67 | 67 | | 58approve such recommendations. |
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68 | 68 | | 59In order to assist the House and the Senate in their: (1) consideration and enactment of new |
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69 | 69 | | 60legislation and modifications of existing laws, when either are deemed to be appropriate; (2) |
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70 | 70 | | 61evaluation of the effectiveness and administration of laws and programs previously enacted; and |
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71 | 71 | | 62(3) appraisal of the conditions and circumstances which may indicate the desirability of enacting |
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72 | 72 | | 63new legislation, the various joint committees shall have the following oversight responsibilities: |
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73 | 73 | | 64(i) each joint committee shall review and study, on a continuing basis, the implementation, |
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74 | 74 | | 65administration, execution and effectiveness of those laws, or parts of law, the subject matter of |
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75 | 75 | | 66which is within the jurisdiction of that committee, the administrative regulations adopted to 5 of 62 |
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76 | 76 | | 67implement those laws, and those state agencies or entities having responsibilities for the |
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77 | 77 | | 68administration and execution of such laws; |
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78 | 78 | | 69(ii) in carrying out these review and study activities, each committee shall determine whether |
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79 | 79 | | 70such laws, administrative regulations and programs under those laws are being implemented in |
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80 | 80 | | 71accordance with the intent of the General Court and whether such laws, administrative |
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81 | 81 | | 72regulations and programs should be continued, curtailed or eliminated; |
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82 | 82 | | 73(iii) each committee shall also review and study any conditions and circumstances which may |
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83 | 83 | | 74indicate the necessity or desirability of enacting new legislation within the jurisdiction of that |
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84 | 84 | | 75committee, regardless of whether any matter has been introduced on that subject, and shall, on a |
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85 | 85 | | 76continuing basis, undertake research on matters within the jurisdiction of that committee. |
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86 | 86 | | 77Committees shall coordinate oversight activities, under the direction of the presiding officers of |
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87 | 87 | | 78both branches, to achieve the maximum objectives of clauses (i), (ii) and (iii). |
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88 | 88 | | 79Each committee may, upon completion of its oversight hearings, report to the General Court the |
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89 | 89 | | 80results of its findings and recommendations together with accompanying corrective legislation, if |
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90 | 90 | | 81any, by filing the same with the Clerk of the House of Representatives or the Clerk of the Senate. |
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91 | 91 | | 82Copies of such reports shall be, whenever practicable, made available to all members |
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92 | 92 | | 83electronically and to the public via the Internet. The disposition of said reports shall be |
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93 | 93 | | 84determined by the Clerks with the approval of the Speaker and the President. |
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94 | 94 | | 85The Senate and House chairs of a joint committee may appoint subcommittees to investigate and |
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95 | 95 | | 86study any matter referred to said subcommittee. Any subcommittee so established shall be co- |
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96 | 96 | | 87chaired by a majority member of the Senate and a majority member of the House who are |
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97 | 97 | | 88members of the joint standing committee appointing the subcommittee. The composition of the 6 of 62 |
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98 | 98 | | 89subcommittee shall be proportional to the composition of the appointing joint committee; |
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99 | 99 | | 90provided, however, that not less than 10 per cent of the subcommittee’s members shall be from |
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100 | 100 | | 91the minority party. Chairs of subcommittees shall not be considered chairs under section 9B of |
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101 | 101 | | 92chapter 3 of the General Laws. A subcommittee may, upon completion of an investigation and |
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102 | 102 | | 93study, report the results of the investigation and study together with legislation, if any, by filing |
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103 | 103 | | 94the same with the Senate and House chairs of the appointing joint committee. |
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104 | 104 | | 95Temporary employees of the general court assigned to a joint committee who are students at an |
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105 | 105 | | 96accredited education institution or employees or grantees of other non-profit organizations under |
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106 | 106 | | 97section 501 (c) (3) of the Internal Revenue Code may receive compensation from such |
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107 | 107 | | 98organization, according to that organization's regular program of providing such compensation |
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108 | 108 | | 99for temporary governmental or public service employment. A temporary employee's Senate or |
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109 | 109 | | 100House supervisor shall establish the employee's total compensation, shall verify that the sum of |
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110 | 110 | | 101the employee's state compensation, if any, and that any outside compensation the employee is to |
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111 | 111 | | 102receive under this rule would not exceed this total compensation, and shall file the written terms |
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112 | 112 | | 103of the employee's compensation with the Senate or House Human Resources Office, where it |
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113 | 113 | | 104shall be available for public inspection. The temporary employee shall sign a confidentiality and |
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114 | 114 | | 105ethics agreement provided by the Senate Personnel Office or House Human Resources Office. |
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115 | 115 | | 106The Senate and House Offices of Human Resources shall publish an employee handbook for |
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116 | 116 | | 107joint employees of both branches of the general court. The handbook shall be developed with |
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117 | 117 | | 108the advice and approval of both the Counsel to the Senate and the Counsel to the House. The |
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118 | 118 | | 109handbook shall address access by joint employees to the human resource related services and |
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119 | 119 | | 110programs of each branch of the general court. Joint employees shall complete any training 7 of 62 |
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120 | 120 | | 111required by either branch of the general court, as may be agreed upon by the Senate and House |
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121 | 121 | | 112Offices of Human Resources. |
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122 | 122 | | 113[Amended Jan. 6, 18 82; Jan. 5, 18 83; Jan. 7, 18 84; Jan. 8 and 26, 1885; Jan. 8, 18 86; Jan. 12, |
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123 | 123 | | 11418 87; Jan. 9, 18 88; Jan. 28, 18 89; Jan. 8, 18 90; Feb. 2, 18 91; Jan. 11 and Feb. 10, 18 92; Feb. |
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124 | 124 | | 1157, 18 93; Jan. 8. 1894; Jan. 7, 18 95; Jan. 7, 18 96; Jan. 11, 18 97; Jan. 10, 18 98; Jan. 9, 18 99; |
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125 | 125 | | 116Jan. 22 and 29, 1901; Jan. 6, 19 02; Jan. 9, 19 03; Jan. 8, 19 04; Jan. 6, 19 05; Jan. 4, 19 07; Jan. |
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126 | 126 | | 1175, 19 10; Jan. 4, 19 11; Jan. 1, 19 13; Jan. 12, 19 14; Jan. 2, 19 18; Jan. 1 and 8 and Feb. 21, |
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127 | 127 | | 1181919; Jan. 7, 19 20; Jan. 5, 19 21; April 17 and 30, 1925; Jan. 5, 19 27; Jan. 7, 19 31; Jan. 6, 19 |
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128 | 128 | | 11937; Jan. 4, 19 39; Jan. 1, 19 41; Jan. 3, 19 45; Jan. 2, 19 46; Jan. 6, 19 47; Feb. 1, 19 49; Jan. 7, |
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129 | 129 | | 12019 53; Jan. 7, 19 59; Jan. 30, 19 61; Jan. 7, 19 63; Jan. 12, 19 65; Feb. 24, 19 65; Mar. 10, 19 66; |
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130 | 130 | | 121Jan. 30, 19 67; Jan. 7, 1971 ; July 23, 1974 ; Sept. 30 and Oct. 12, 1976 ; Nov. 3, 1981 ; Dec. 21, |
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131 | 131 | | 1221981 ; Mar. 15, 1982 ; Oct. 3, 1983 ; June 3, 1985 ; Jan. 25 and Mar. 14, 1988 ; Mar. 27, 1995 , |
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132 | 132 | | 123June 12, 1995 ; July 17, 2003 ; Jan. 26, 2005; July 21 and September 20, 2005; Feb. 20, 2007; |
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133 | 133 | | 124Feb 12, 2009; Feb. 15, 2017; Mar 7, 2019.] |
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134 | 134 | | 1251A. All meetings of joint committees acting concurrently, Senate and House standing |
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135 | 135 | | 126committees, special committees of the Senate and House of Representatives, and joint special |
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136 | 136 | | 127committees and committees of conference on the disagreeing votes of the 2 branches shall be |
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137 | 137 | | 128open to the public, unless a majority shall vote otherwise; provided, that such committees may, at |
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138 | 138 | | 129the discretion of the chairs of said committees, assemble and vote remotely and allow remote |
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139 | 139 | | 130access to the public. [Adopted July 17, 1973. Amended July 18, 1974; Feb. 12, 2009.] |
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140 | 140 | | 1311B. A joint standing committee shall hold a public hearing on each matter referred to it in each |
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141 | 141 | | 132legislative session. [Adopted June 3, 1985; Amended Feb. 12, 2009.] 8 of 62 |
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142 | 142 | | 1331C. All joint standing committees shall schedule committee hearings and executive sessions |
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143 | 143 | | 134upon agreement of the chairs and so as not to conflict, to the extent feasible, with the schedules |
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144 | 144 | | 135of other committees and, to the extent feasible, the day of the week and times during that day set |
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145 | 145 | | 136aside for formal sessions by the respective branches from the first Wednesday in January through |
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146 | 146 | | 137the fourth Wednesday of April in the first annual session. [Adopted June 3, 1985; Amended June |
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147 | 147 | | 13812, 1995; Mar. 7, 2019.] |
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148 | 148 | | 139All hearings of joint standing committees shall be conducted in-person with the option of remote |
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149 | 149 | | 140participation available to both members of the joint standing committee and the public; provided, |
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150 | 150 | | 141however, that the chairs of said joint standing committees shall be physically present at the |
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151 | 151 | | 142hearing location where in-person public testimony is offered. All joint standing committees, in |
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152 | 152 | | 143the conduct of their hearings, shall utilize, to the extent practicable, online platforms or systems |
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153 | 153 | | 144that allow for synchronous, audio-visual communication between the chairs of the committee |
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154 | 154 | | 145and individuals offering testimony remotely. All hearings of joint standing committees shall be |
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155 | 155 | | 146publicly livestreamed on the website of the General Court and shall display and transmit, in real- |
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156 | 156 | | 147time, the audio-visual attributes of public testimony offered remotely; provided further, that said |
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157 | 157 | | 148livestream shall be archived on the website of the General Court for the duration of the |
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158 | 158 | | 149legislative session. Members of joint standing committees may participate remotely and shall |
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159 | 159 | | 150have the same privileges, rights and responsibilities as if the member were physically present at |
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160 | 160 | | 151the hearing location, and other members of the Senate and House of Representatives may offer |
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161 | 161 | | 152remote testimony before joint standing committees of which they are not a member. The chairs |
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162 | 162 | | 153of the joint standing committees shall use best efforts to prioritize the testimony of those |
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163 | 163 | | 154physically present at the hearing location and may, in their discretion, allow individuals |
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164 | 164 | | 155participating in-person a greater amount of time to testify than those participating remotely. All 9 of 62 |
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165 | 165 | | 156notices of hearings of joint standing committees issued pursuant to Joint Rule 1D at which public |
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166 | 166 | | 157testimony is being solicited shall include instructions on how to offer testimony both in-person |
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167 | 167 | | 158and remotely. Nothing in this rule shall preclude a joint standing committee from conducting |
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168 | 168 | | 159hearings in which only written testimony is accepted; provided, however, that such hearings shall |
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169 | 169 | | 160only consider home rule petitions referred to the joint standing committee pursuant to Joint Rule |
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170 | 170 | | 1617B, or any other matter referred to a joint standing committee after having first been reported |
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171 | 171 | | 162favorably by a separate joint standing committee sharing jurisdiction. |
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172 | 172 | | 1631D. All meetings of joint standing committees, and special joint committees of the Senate and |
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173 | 173 | | 164House of Representatives, and joint special committees and committees of conference on the |
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174 | 174 | | 165disagreeing votes of the 2 branches shall be open to the public, and any person shall be permitted |
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175 | 175 | | 166to attend any such meeting unless such committee convenes in executive session, as provided |
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176 | 176 | | 167herein. All joint standing committees shall determine a schedule for committee hearings to be |
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177 | 177 | | 168held from the beginning of the first annual session through the fourth Wednesday in June in said |
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178 | 178 | | 169session. These committee schedules shall be submitted to the Clerk of the House who shall cause |
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179 | 179 | | 170them to be published on the official website for the General Court. Establishment of such |
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180 | 180 | | 171schedules shall not preclude joint standing committees from scheduling additional hearings or |
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181 | 181 | | 172meetings as needed. No executive session shall be held until after the committee has first |
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182 | 182 | | 173convened in an open session for which notice has been given, the presiding officer has stated the |
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183 | 183 | | 174purpose of the executive session, a majority of the committee members present has voted to go |
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184 | 184 | | 175into executive session, the vote of each member has been recorded on a roll call vote, and the |
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185 | 185 | | 176presiding officer has stated before the executive session if the committee will reconvene after the |
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186 | 186 | | 177executive session. The records of all such roll calls shall be kept in the offices of the committee 10 of 62 |
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187 | 187 | | 178for the duration of the General Court during which said vote was recorded, and shall be available |
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188 | 188 | | 179for public inspection upon reasonable notice and during regular office hours. |
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189 | 189 | | 180Committees shall provide to members of the committee either the text or comprehensive |
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190 | 190 | | 181summaries of the bills or other forms of legislative matters prior to the beginning of an executive |
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191 | 191 | | 182session or poll. All joint standing committees, and special joint committees of the Senate and |
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192 | 192 | | 183House of Representatives, shall notify the Sergeant-at-Arms of the time, place and agenda of all |
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193 | 193 | | 184public hearings and executive sessions not less than 72 hours prior to the time of such meetings. |
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194 | 194 | | 185If public testimony is being solicited, agendas shall include an electronic mail address and |
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195 | 195 | | 186physical mail address for the submission of testimony. The Sergeant-at-Arms shall notify the |
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196 | 196 | | 187clerk, who shall inform all members electronically and publish such information on the official |
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197 | 197 | | 188website of the General Court whenever practicable. |
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198 | 198 | | 189Nothing contained in this rule shall prohibit a joint standing committee or special joint |
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199 | 199 | | 190committee of the Senate and the House of Representatives from taking appropriate action |
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200 | 200 | | 191including, but not limited to, the exclusion of a person from a committee meeting in order to |
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201 | 201 | | 192prevent the disruption of or interference with committee proceedings. All meetings of joint |
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202 | 202 | | 193standing committees, and special joint committees of the Senate and House of Representatives, |
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203 | 203 | | 194shall be limited to no more than 50 bills to be discussed in a hearing, unless it can be determined |
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204 | 204 | | 195that all of the bills being considered are of the same subject matter. |
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205 | 205 | | 196The 72 hour requirement shall be suspended in an emergency only after all reasonable efforts |
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206 | 206 | | 197have been made to contact all committee members and upon a recorded vote of at least a |
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207 | 207 | | 198majority of the members of each branch appointed to the committee, but not less than two-thirds |
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208 | 208 | | 199of the members of each branch voting. 11 of 62 |
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209 | 209 | | 200A meeting of a committee may be recorded by a person in attendance by means of a recorder or |
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210 | 210 | | 201any other means of audio/visual reproduction except when a meeting is held in executive session; |
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211 | 211 | | 202provided, that a person seeking to record a meeting of a committee notifies the Chairs of the |
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212 | 212 | | 203committee prior to commencing such recording; and provided further that during such recording |
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213 | 213 | | 204there is no interference with the conduct of the meeting. |
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214 | 214 | | 205The Chairs of each committee shall preserve decorum and order during each committee hearing. |
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215 | 215 | | 206Persons attending hearings shall be required to refrain from the use of cellular telephones, |
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216 | 216 | | 207beepers and pagers. The use of visual aids including, without limitation, posters, displays, or |
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217 | 217 | | 208charts shall be permitted only upon approval of the Chairs. [Adopted June 3, 1985. Amended |
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218 | 218 | | 209June 12, 1995; Feb. 20, 2007; Mar. 14, 2013; Mar. 7, 2019.] |
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219 | 219 | | 2101E. The joint standing committee on Health Care Financing shall review all legislation relating |
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220 | 220 | | 211to health care to evaluate the appropriateness and fiscal effect of such legislation. A matter |
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221 | 221 | | 212within the jurisdiction of said committee may, if appropriate, initially be referred to another joint |
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222 | 222 | | 213standing committee sharing jurisdiction of the subject-matter. Any matter reported favorably by |
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223 | 223 | | 214such joint standing committee shall be referred to the joint committee on Health Care Financing; |
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224 | 224 | | 215provided, however, that notwithstanding any rule to the contrary, any such matter so reported |
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225 | 225 | | 216shall not be read a first time in the branch in which the report was received. The next favorable |
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226 | 226 | | 217report on any such matter, if made by a joint committee, may be made to either branch. Such |
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227 | 227 | | 218next favorable report shall be considered the first reading. The branch of origin for any such bill |
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228 | 228 | | 219so reported shall be the branch receiving such favorable report. |
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229 | 229 | | 220For all matters initially referred to the joint committee on Health Care Financing and not |
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230 | 230 | | 221previously referred to another joint committee, the joint committee on Health Care Financing 12 of 62 |
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231 | 231 | | 222may make favorable reports to either branch, at the discretion of the committee, except that |
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232 | 232 | | 223reports on money bills shall be made to the House. |
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233 | 233 | | 224In compliance with section 38A of chapter 3 of the General Laws, the joint committee on Health |
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234 | 234 | | 225Care Financing when reporting on bills shall include a fiscal note prepared under section 3A of |
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235 | 235 | | 226chapter 29 of the General Laws, showing the estimated cost or the fiscal effect of the proposed |
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236 | 236 | | 227legislation, if, in the opinion of said committee, such cost or fiscal effect exceeds the sum of |
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237 | 237 | | 228$100,000; provided, however, that any matter reported by the committee on Health Care |
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238 | 238 | | 229Financing with a fiscal effect of less than $100,000 shall not be referred, under the rules, to the |
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239 | 239 | | 230committee on Ways and Means.[Adopted Jan. 26, 2005; Amended May 19, 2005; Feb. 20, 2007; |
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240 | 240 | | 231Feb. 12, 2009.] |
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241 | 241 | | 2321F. The joint committee on Bonding, Capital Expenditures and State Assets shall review all |
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242 | 242 | | 233legislation providing for the giving, loaning or pledging of the credit of the Commonwealth (see |
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243 | 243 | | 234Article LXII of the Amendments to the Constitution, as amended by Article LXXXIV). Said |
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244 | 244 | | 235committee shall be responsible for evaluating such legislation and determining the |
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245 | 245 | | 236appropriateness of enacting legislation containing increased bond authorizations for the |
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246 | 246 | | 237Commonwealth. The committee shall periodically review and hold open public hearings, |
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247 | 247 | | 238accepting oral and written testimony on the status of the bonds and notes of the Commonwealth, |
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248 | 248 | | 239including (1) general obligation debt; (2) dedicated income tax debt; and (3) special obligation |
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249 | 249 | | 240debt. The committee shall also, in its continuing study of the state’s bonding practices, review 13 of 62 |
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250 | 250 | | 241the Commonwealth’s liabilities relative to (a) state-supported debt; (b) state-guaranteed debt; and |
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251 | 251 | | 242(c) indirect obligations. |
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252 | 252 | | 243Any bill providing for borrowing for new projects, and requiring the Commonwealth to issue |
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253 | 253 | | 244bonds for such purpose, shall, prior to its reference to the committee on Ways and Means, be |
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254 | 254 | | 245referred to the committee on Bonding, Capital Expenditures and State Assets for report on its |
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255 | 255 | | 246relationship to the finances of the Commonwealth. A measure may initially be referred to |
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256 | 256 | | 247another joint committee with jurisdiction over the subject matter before being referred to the |
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257 | 257 | | 248committee on Bonding, Capital Expenditures and State Assets; provided, however, that |
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258 | 258 | | 249notwithstanding any rule to the contrary, any such matter so reported shall not be read a first time |
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259 | 259 | | 250in the branch in which the report was received. The next favorable report on any such matter by |
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260 | 260 | | 251the committee on Bonding, Capital Expenditures and State Assets shall be considered the first |
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261 | 261 | | 252reading. The branch of origin for any such bill so reported shall be the branch receiving such |
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262 | 262 | | 253favorable report. |
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263 | 263 | | 254The provisions of Joint Rule 4 shall apply to all matters referred to the joint committee on |
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264 | 264 | | 255Bonding, Capital Expenditures and State Assets, except that where constitutionally prohibited. |
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265 | 265 | | 256The joint committee shall consult with the various agencies of the Executive branch and the |
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266 | 266 | | 257office of the Treasurer and Receiver-General relative to project expenditures, availability of 14 of 62 |
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267 | 267 | | 258funds, the sale of new bonds and the resultant debt obligations, federal reimbursements and other |
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268 | 268 | | 259related funding and bonding issues. |
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269 | 269 | | 260The joint committee on Bonding, Capital Expenditures and State Assets shall be authorized to |
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270 | 270 | | 261conduct hearings relative to the statutory authority of the Executive branch and the Treasurer and |
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271 | 271 | | 262Receiver-General in the issuance and sale of bonds and notes and the expenditure of capital |
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272 | 272 | | 263funds by the various agencies and authorities of the Commonwealth. The committee shall |
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273 | 273 | | 264determine whether such laws, administrative regulations and programs are being implemented in |
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274 | 274 | | 265accordance with the intent of the General Court. |
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275 | 275 | | 266The committee on Bonding, Capital Expenditures and State Assets shall be authorized to report |
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276 | 276 | | 267to the General Court from time to time on the results of its hearings and to file drafts of |
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277 | 277 | | 268legislation necessary to carry its recommendations into effect. |
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278 | 278 | | 269Messages from the Governor setting terms of bonds and notes, or for the de-authorization or |
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279 | 279 | | 270authorization of bonds and notes, shall be referred to the committee on Bonding, Capital |
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280 | 280 | | 271Expenditures and State Assets. |
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281 | 281 | | 2721G. The President of the Senate, the Speaker of the House of Representatives, Minority Leader |
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282 | 282 | | 273of the Senate, Minority Leader of the House of Representatives, the Senate and House chairs and |
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283 | 283 | | 274the Senate and House ranking minority members of the joint committee on Public Safety and |
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284 | 284 | | 275Homeland Security may receive security clearance from federal and state homeland security 15 of 62 |
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285 | 285 | | 276officials in order to be granted access to confidential homeland security briefings, information |
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286 | 286 | | 277and materials. The President of the Senate, the Speaker of the House of Representatives, the |
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287 | 287 | | 278Senate and House committee chairs and the Senate and House ranking minority members may |
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288 | 288 | | 279designate 1 or more members of their staff who may receive such security clearance. |
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289 | 289 | | 280Any person who receives security clearance under this rule shall sign all confidentiality |
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290 | 290 | | 281agreements required by homeland security officials. The breach of any such confidentiality |
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291 | 291 | | 282agreement shall constitute a violation of the Joint Rules of the Senate and House of |
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292 | 292 | | 283Representatives. Any alleged violation of a confidentiality agreement shall be referred for |
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293 | 293 | | 284investigation to the Senate committee on Ethics and Rules or the House committee on Ethics, |
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294 | 294 | | 285respectively, and, if appropriate, to law enforcement authorities for potential criminal |
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295 | 295 | | 286prosecution. [Adopted Jan. 26, 2005; Amended Feb. 12, 2009; Mar. 7, 2019.] |
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296 | 296 | | 2872. No member of either branch shall act as counsel for any party before any committee of the |
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297 | 297 | | 288Legislature. |
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298 | 298 | | 2892A. No member of either branch shall purchase, directly or indirectly, the stock or other |
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299 | 299 | | 290securities of any corporation or association knowing that there is pending before the General |
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300 | 300 | | 291Court any measure specially granting to such corporation or association any immunity, |
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301 | 301 | | 292exemption, privilege or benefit or any measure providing for the creation of, or directly affecting |
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302 | 302 | | 293any, contractual relations between such corporation or association and the Commonwealth. This |
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303 | 303 | | 294rule shall not apply to the purchase of securities issued by the Commonwealth or any political |
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304 | 304 | | 295subdivision of the Commonwealth. [See G.L. chapter 268, section 10.] [Adopted Jan. 16, 1922.] |
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305 | 305 | | 2963. When the General Court is in session, authorization for any committee of the Senate or House |
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306 | 306 | | 297of Representatives to travel during the session of the General Court shall be approved by a vote 16 of 62 |
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307 | 307 | | 298of two-thirds of the members of its branch present and voting. When the General Court is in |
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308 | 308 | | 299session, authorization for any committee of the Senate or House of Representatives to sit and |
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309 | 309 | | 300travel during the recess of the General Court shall be approved by a vote of two-thirds of the |
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310 | 310 | | 301members of each branch present and voting. During the recess of the General Court, the |
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311 | 311 | | 302President of the Senate and the Speaker of the House of Representatives may, by written consent, |
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312 | 312 | | 303allow standing committees of their respective branches or appoint special committees to sit, |
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313 | 313 | | 304travel and incur expenses not exceeding sums authorized in writing by said presiding officers and |
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314 | 314 | | 305appropriated for such purposes. When the General Court is in session, authorization for any joint |
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315 | 315 | | 306committee to travel during the session, or to sit or travel during the recess, of the General Court |
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316 | 316 | | 307shall be approved by a vote of two-thirds of the members of each branch present and voting. |
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317 | 317 | | 308During the recess of the General Court, the President of the Senate and the Speaker of the House |
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318 | 318 | | 309of Representatives, acting jointly, may, by written consent, allow joint committees or appoint |
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319 | 319 | | 310joint special committees to sit, travel and incur expenses not exceeding sums authorized in |
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320 | 320 | | 311writing by said presiding officers and appropriated for such purposes. The Clerks of the Senate |
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321 | 321 | | 312and House of Representatives shall be notified of any appointments made and authorizations |
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322 | 322 | | 313granted during the recess for said committees to sit, travel and incur expenses during the recess |
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323 | 323 | | 314and the Clerks shall enter such information in the journals for the next year, as soon as may be |
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324 | 324 | | 315practicable. Committees authorized by the presiding officers to sit during the recess in the odd |
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325 | 325 | | 316numbered year shall report not later than the fourth Wednesday of January during the following |
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326 | 326 | | 317year and committees authorized by the presiding officers to sit during the recess in the even |
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327 | 327 | | 318numbered year shall report not later than the fourth Wednesday of December during the same |
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328 | 328 | | 319year. 17 of 62 |
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329 | 329 | | 320No committee shall travel except at the expense of the Commonwealth. In any case when a |
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330 | 330 | | 321committee is authorized to travel, the Sergeant-at-Arms shall provide transportation only for |
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331 | 331 | | 322members of the committee and the officer accompanying them, and the reasonable traveling |
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332 | 332 | | 323expenses of such members and officers only shall be charged to or paid by the Commonwealth. |
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333 | 333 | | 324Neither the Sergeant-at-Arms nor the officer detailed by the Sergeant-at-Arms shall permit any |
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334 | 334 | | 325person to accompany such committee while in the discharge of its official duties unless invited |
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335 | 335 | | 326by vote of the committee. |
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336 | 336 | | 327All bills for the traveling expenses of committees shall be submitted by the Sergeant-at-Arms to |
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337 | 337 | | 328the committee by whom they have been incurred and shall be approved by a majority of said |
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338 | 338 | | 329committee before being presented to the Comptroller for payment. [Adopted Feb. 7, 1890; |
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339 | 339 | | 330Amended Feb. 2, 1891 ; Jan. 20, 1904 ; April 17, 1925 ; March 2, 1943 ; July 27, 1950 ; Oct. 18, |
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340 | 340 | | 3311971 ; March 28, 1972 ; Jan. 15, 1973; Feb. 12, 2009.] |
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341 | 341 | | 3323A. A joint standing committee may, upon the written and signed report of two-thirds of the |
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342 | 342 | | 333members of the Senate and two-thirds of the members of the House appointed to said committee, |
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343 | 343 | | 334report a bill or other form of legislation without said legislation being founded upon petition; |
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344 | 344 | | 335provided, however, that matters so reported shall be germane to the subject matters regularly |
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345 | 345 | | 336referred to the committee. The committee shall hold a public hearing on such bill or other form |
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346 | 346 | | 337of legislation before it is reported. A bill or other form of legislation so reported shall be placed |
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347 | 347 | | 338in the Orders of the Day by the Clerk of the respective branch to which it is reported or referred |
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348 | 348 | | 339to a standing committee of said branch under the rules. All reports of committees not founded |
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349 | 349 | | 340upon petition shall bear the designation ‘committee bill’, ‘resolve’, ‘order’ or ‘resolution’, as the |
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350 | 350 | | 341case may be, in the Orders of the Day. Committees to which messages from the Governor, |
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351 | 351 | | 342reports of state officers, boards, committees, commissions and others authorized to report to the 18 of 62 |
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352 | 352 | | 343General Court, may report by bill or otherwise such legislation as may be germane to the subject |
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353 | 353 | | 344matter referred to them. [Adopted June 3, 1985 .] |
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354 | 354 | | 3454. Favorable reports, and adverse reports on subjects of legislation other than petitions, by joint |
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355 | 355 | | 346committees shall be made to the branch in which the matter was originally introduced, unless the |
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356 | 356 | | 347committee decides otherwise under its own rules and, except that reports on money bills shall be |
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357 | 357 | | 348made to the House and if adverse reports on matters other than petitions which are accompanied |
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358 | 358 | | 349by money bills are accepted by the House, this shall constitute final rejection. Adverse reports by |
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359 | 359 | | 350joint committees on petitions shall be made to the branch in which the petition was originally |
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360 | 360 | | 351introduced, except that such adverse reports on petitions accompanied by proposed money bills |
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361 | 361 | | 352shall be made to the House; and, if accepted by the branch in which they are made, shall be |
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362 | 362 | | 353considered as a final rejection. When a report is made from any committee to either branch, and |
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363 | 363 | | 354the subject-matter of the report is subsequently referred to a joint committee, such committee, |
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364 | 364 | | 355except for the committee on Health Care Financing, shall report its action to the branch in which |
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365 | 365 | | 356the reference originated. [See also Joint Rule 5.] |
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366 | 366 | | 357A vote of a joint standing committee to give legislation a favorable or adverse report shall be |
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367 | 367 | | 358conducted by a roll call upon request of 2 committee members present at the committee meeting. |
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368 | 368 | | 359Such votes shall be recorded on appropriate forms that show all votes for and against the |
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369 | 369 | | 360particular committee action. The records of all such roll calls shall be kept in the offices of the |
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370 | 370 | | 361committee for the duration of the General Court during which said vote was recorded, and shall |
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371 | 371 | | 362be available for public inspection upon reasonable notice and during regular office hours. |
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372 | 372 | | 363All committee members shall have an opportunity to sign a form accompanying a report of the |
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373 | 373 | | 364committee signifying approval of, dissent or abstention from a report of a joint standing 19 of 62 |
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374 | 374 | | 365committee before the report is final or filed. No signature shall be valid unless the report to |
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375 | 375 | | 366which the signature is affixed includes the substantially complete text of the legislation being |
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376 | 376 | | 367reported. [Amended Jan. 3, 1952; April 8, 1959; June 7, 1965; Jan. 7, 1971; March 11, 1974; |
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377 | 377 | | 368June 3, 1985; Feb. 20, 2007; Feb. 15, 2017.] |
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378 | 378 | | 3694A. In compliance with section 38A of chapter 3 of the General Laws, all joint committees of the |
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379 | 379 | | 370General Court when reporting on bills referred to them shall include a fiscal note prepared under |
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380 | 380 | | 371section 3A of chapter 29 of the General Laws, showing the estimated cost or the fiscal effect of |
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381 | 381 | | 372the proposed legislation, if, in the opinion of said committee, such cost exceeds $100,000. Such |
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382 | 382 | | 373fiscal note shall be filed electronically in the office of the clerk to which the report is being |
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383 | 383 | | 374made, and shall be promptly made available on the official website of the General Court. |
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384 | 384 | | 375[Adopted Jan. 15, 1973.] |
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385 | 385 | | 3765. Matters reported adversely by joint committees and the committees on Rules of the two |
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386 | 386 | | 377branches, acting concurrently, may be recommitted to the same committees at the pleasure of the |
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387 | 387 | | 378branch acting on the report, and bills or resolves may be recommitted in either branch. If a bill or |
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388 | 388 | | 379resolve is laid aside in either branch for the reason that it is declared to be broader in its scope |
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389 | 389 | | 380than the subject-matter upon which it is based, the subject-matter shall be recommitted to the |
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390 | 390 | | 381committee. A concurrent vote shall, however, be necessary for re-committal, with instructions. |
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391 | 391 | | 382After recommitment, report shall, in all cases, be made to the branch originating the |
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392 | 392 | | 383recommitment. [Amended Feb. 2, 1891; April 11, 1935; Jan. 6, 1947; May 7, 19 53; March 26, |
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393 | 393 | | 3841963; Jan. 30, 1967; Jan. 7, 1971; March 11, 1974.] 20 of 62 |
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394 | 394 | | 3856. Bills and resolves reported by joint committees shall be presented with spaces between the |
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395 | 395 | | 386several sections and shall be made available to all members electronically and to the public via |
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396 | 396 | | 387the Internet. [Amended Jan. 28, 1889; Jan. 9, 1941; Feb. 8, 1949; Feb. 12, 2009.] |
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397 | 397 | | 388Joint Petitions. |
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398 | 398 | | 3896A. A member of the Senate and a member of the House of Representatives may file a joint |
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399 | 399 | | 390petition in either branch and shall endorse their name on the petition and a brief statement of the |
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400 | 400 | | 391nature and object of the instrument and the reading of the instrument shall be dispensed with, |
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401 | 401 | | 392unless specially ordered. The petition shall be filed in the office of the clerk of either the Senate |
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402 | 402 | | 393or House of Representatives, depending on whether it is a ‘Joint Senate/House Petition’ or a |
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403 | 403 | | 394‘Joint House/Senate Petition’ but the Journal records in the Senate and House of Representatives |
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404 | 404 | | 395shall carry both members’ names as presenters of the petition. [Adopted Jan. 15, 1973.] |
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405 | 405 | | 3967. Whenever, upon any application for an act of incorporation or other legislation, the purpose |
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406 | 406 | | 397for which such legislation is sought can be secured without detriment to the public interests by a |
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407 | 407 | | 398general law or under existing laws, the committee to which the matter is referred shall report |
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408 | 408 | | 399such general law, or ‘ought not to pass’. [Amended Feb. 2, 1891; Feb. 7, 18 93; Jan. 7, 1971.] |
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409 | 409 | | 4007A. A petition for legislation to authorize a county to reinstate in its service a person formerly |
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410 | 410 | | 401employed by it, or to retire or pension or grant an annuity to any person, or to increase any |
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411 | 411 | | 402retirement allowance, pension or annuity, or to pay any sum of money in the nature of a pension |
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412 | 412 | | 403or retirement allowance, or to pay any salary which would have accrued to a deceased official or |
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413 | 413 | | 404employee but for their death, or to pay any claim for damages or otherwise, or to alter the |
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414 | 414 | | 405benefits or change the restrictions of any county retirement or pension law, shall, subsequently to |
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415 | 415 | | 406the procedure required by Senate Rule No. 20 and by House Rule No. 24, be reported adversely, 21 of 62 |
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416 | 416 | | 407unless, when filed it be the petition of, or be approved by, a majority of the county |
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417 | 417 | | 408commissioners. [Adopted April 29, 1915. Amended Jan. 13, Feb. 19 and Dec. 22, 1920; May 24, |
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418 | 418 | | 4091926; April 11, 1935; April 22, 1937; Jan. 12, 1939; Jan. 15, 1945; Feb. 20, 1951; Jan. 30, 1967; |
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419 | 419 | | 410Jan. 7, 1971; Jan. 15, 1973; Mar. 7, 2019.] |
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420 | 420 | | 4117B. A petition, the operation of which is restricted to a particular city or town (and which does |
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421 | 421 | | 412not affect the powers, duties, etc., of state departments, boards, commissions, etc., or which does |
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422 | 422 | | 413not affect generally the laws of the Commonwealth) and which is not filed in conformity with |
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423 | 423 | | 414Section 8 of Article LXXXIX of the Amendments to the Constitution shall, subsequent to the |
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424 | 424 | | 415procedure required by Senate Rule 20 and House Rule 24, be reported adversely, unless it be on |
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425 | 425 | | 416petition filed or approved by the voters of a city or town, or the mayor and city council, or other |
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426 | 426 | | 417legislative body, of a city, or the town meeting of a town. A joint committee to which is |
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427 | 427 | | 418inadvertently referred a petition or other subject of legislation the operation of which is restricted |
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428 | 428 | | 419to a particular city or town and which is not in conformity with Section 8 of Article LXXXIX of |
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429 | 429 | | 420the Amendments to the Constitution shall report a general law which applies alike to all cities, or |
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430 | 430 | | 421to all towns, or to all cities and towns, or to a class of not fewer than 2; or shall report ‘ought not |
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431 | 431 | | 422to pass’, with the further endorsement that it ‘would be unconstitutional to enact such special |
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432 | 432 | | 423law’. |
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433 | 433 | | 424Any petition that subsequently conforms to Section 8 of Article LXXXIX of the Amendments to |
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434 | 434 | | 425the Constitution after filing, which have followed the procedures set forth in Senate Rule 20 or |
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435 | 435 | | 426House Rule 24, shall be forthwith reported from the committee on Rules and be referred by the |
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436 | 436 | | 427Clerk to an appropriate committee.[Adopted Jan. 13, 1920. Amended Feb. 19 and Dec. 22, 1920; |
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437 | 437 | | 428May 24, 1926; April 11, 1935; April 22, 1937; Jan. 12, 1939; Jan. 9, 1941; Jan. 15, 1945; Feb. |
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438 | 438 | | 42920, 1951; Jan. 30, 1967; Jan. 7 and Mar. 22, 1971 ; Jan. 15, 1973; March 14, 2013.] 22 of 62 |
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439 | 439 | | 4307C. The approval vote required to file a petition, the operation of which is restricted to a |
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440 | 440 | | 431particular city or town under Section 8 of Article LXXXIX of the Amendments to the |
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441 | 441 | | 432Constitution of the Commonwealth, shall not expire prior to the final day of the next immediate |
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442 | 442 | | 433biennial session in which the petition was filed and no additional vote shall be required to file a |
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443 | 443 | | 434petition unless a vote to rescind such approval is passed by the voters of a city or town, or the |
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444 | 444 | | 435mayor and city council or other legislative body of a city, or the select board and the town |
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445 | 445 | | 436meeting or other legislative body of the town. [Adopted, Mar. 14, 2013; Amended Feb. 15, |
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446 | 446 | | 4372017.] |
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447 | 447 | | 4387D. The approval of a substantive amendment to a petition restricted to a single city or town and |
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448 | 448 | | 439requiring a vote of the city of town before enactment of the petition shall be provided to the |
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449 | 449 | | 440General Court before the enactment of the petition and shall be reviewed by House Counsel and |
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450 | 450 | | 441Senate Counsel prior to the enactment of the petition in either branch. [Adopted , Feb. 15, 2017.] |
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451 | 451 | | 442Notice to Parties Interested. |
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452 | 452 | | 4438. No legislation affecting the rights of individuals or the rights of a private or municipal |
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453 | 453 | | 444corporation, otherwise than as it affects generally the people of the Commonwealth or the people |
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454 | 454 | | 445of the city or town to which it specifically applies, shall be proposed or introduced except by a |
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455 | 455 | | 446petition, nor shall any bill or resolve embodying such legislation be reported by a committee |
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456 | 456 | | 447except upon a petition duly referred, nor shall such a bill or resolve be reported by a committee, |
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457 | 457 | | 448whether on an original reference or on a re-committal with instructions to hear the parties, until it |
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458 | 458 | | 449is made to appear to the satisfaction of the committee that proper notice of the proposed |
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459 | 459 | | 450legislation has been given by public advertisement or otherwise to all parties interested, without |
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460 | 460 | | 451expense to the Commonwealth, or until evidence satisfactory to the committee is produced that 23 of 62 |
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461 | 461 | | 452all parties interested have in writing waived notice. A committee reporting adversely due to lack |
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462 | 462 | | 453proper notice or of a waiver of proper notice shall so state in its report and no bill or resolve shall |
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463 | 463 | | 454be in order as a substitute for, or amendment of, such report. Objection to the violation of this |
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464 | 464 | | 455rule may be taken at any stage prior to that of the third reading. [Adopted Feb. 7, 1890. Amended |
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465 | 465 | | 456Dec. 22, 1920 ; Jan. 12, 1939 ; Jan. 15, 1945; Jan. 7, 1971.] |
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466 | 466 | | 4579. A petition for the incorporation of a city or town, for the annexation of 1 municipality to |
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467 | 467 | | 458another, for the consolidation of 2 or more municipalities or for the division of an existing |
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468 | 468 | | 459municipality, or for the incorporation or revival of a railroad, street railway, elevated railroad, |
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469 | 469 | | 460canal, telephone, telegraph, water, gas, electric light, power or other public service corporation, |
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470 | 470 | | 461for the amendment, alteration or extension of the charter or corporate powers or privileges, or for |
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471 | 471 | | 462the change of name, of any such company, whether specially incorporated or organized under the |
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472 | 472 | | 463General Laws, or for authority to take water for a water supply, or relative to building structures |
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473 | 473 | | 464in or over navigable or tide waters, shall be placed on file, and not referred to a committee , |
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474 | 474 | | 465unless the petitioner has given the notice and followed the procedure required by section 5 of |
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475 | 475 | | 466chapter 3 of the General Laws . But if, no objection being raised, any such petition is referred to |
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476 | 476 | | 467a committee without such required notice or procedure, the committee shall forthwith report |
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477 | 477 | | 468adversely, setting forth as the reason for such report failure to comply with the law, unless |
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478 | 478 | | 469evidence satisfactory to the committee is produced that all parties interested have in writing |
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479 | 479 | | 470waived notice. In case a bill or resolve is reported upon such a petition, after proof of such |
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480 | 480 | | 471waiver of notice, this fact shall be set forth in the report of the committee. When an adverse |
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481 | 481 | | 472report is made by a committee, on account of failure to give the required notice, no bill or resolve |
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482 | 482 | | 473shall be substituted for such report, nor shall such report be recommitted or referred to another |
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483 | 483 | | 474committee. 24 of 62 |
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484 | 484 | | 475A petition for the establishment or revival, or for the amendment, alteration or extension of the |
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485 | 485 | | 476charter or corporate powers or privileges, or for the change of name, of any corporation, except a |
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486 | 486 | | 477petition subject to the preceding paragraph, shall be transmitted by the Clerk of the branch in |
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487 | 487 | | 478which it is filed to the office of the State Secretary. If such a petition is returned by said |
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488 | 488 | | 479Secretary with a statement that the petitioner has failed to comply with the requirements of |
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489 | 489 | | 480section 7 of chapter 3 of the General Laws, said petition shall be placed on file, and shall not be |
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490 | 490 | | 481referred to a committee. |
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491 | 491 | | 482Any petition placed on file for want of proper notice or procedure under this rule shall not affect |
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492 | 492 | | 483action upon any other measure involving the same subject matter. [Adopted Feb. 7, 1890. |
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493 | 493 | | 484Amended Feb. 2, 1891; Feb. 3, 1898; Jan. 16, 1903; Feb. 19 and Dec. 22, 1920; May 24, 1926; |
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494 | 494 | | 485Feb. 27, 1929; April 11, 1935; Jan. 6, 1938; Jan. 12, 1939; Jan. 9, 1941; Jan. 15, 1945; April 8, |
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495 | 495 | | 4861959; Jan. 7, 1963; Jan. 7, 1971 ; Jan. 15, 1973 , June 12, 1995; Feb. 12, 2009; Mar. 7, 2019.] |
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496 | 496 | | 487Limit of Time allowed for Reports of Committees. |
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497 | 497 | | 48810. All joint committees and the committees on Rules of the two branches, acting concurrently, |
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498 | 498 | | 489shall make final report not later than the first Wednesday in February of the second annual |
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499 | 499 | | 490session of the General Court on all matters referred to them before the second Wednesday of |
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500 | 500 | | 491January of the second annual session and within 30 days on all matters referred to them on and |
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501 | 501 | | 492after the second Wednesday of January of the second annual session of the General Court except |
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502 | 502 | | 493that the committee on Health Care Financing shall make final report not later than the last |
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503 | 503 | | 494Wednesday of March of the second annual session on all matters referred to them on or before |
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504 | 504 | | 495the fourth Wednesday of February and within 30 days on all matters referred to it after the fourth |
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505 | 505 | | 496Wednesday in February of the second annual session of the General Court. When the time within 25 of 62 |
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506 | 506 | | 497which said committees are required to report has expired, all matters upon which no report has |
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507 | 507 | | 498then been made shall forthwith be reported by the chair of the committee on the part of the |
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508 | 508 | | 499branch in which they were respectively introduced, with an adverse recommendation under this |
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509 | 509 | | 500rule. If the chair fails to make such report by the end of the legislative day next following the |
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510 | 510 | | 501expiration date, all matters remaining unreported shall be placed in the Orders of the Day by the |
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511 | 511 | | 502Clerk of the branch in which the matter was originally filed with an adverse report under this |
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512 | 512 | | 503rule. Matters which have been referred under Joint Rule 29, upon which the chairs of the |
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513 | 513 | | 504committees on Rules fail to make a report, shall be placed by the respective Clerks in the Orders |
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514 | 514 | | 505of the Day of the branch in which the subject matter was referred to said committees. |
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515 | 515 | | 506Committees to whom are referred subjects of legislation may combine petitions of similar |
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516 | 516 | | 507subject matter, or other forms of legislation of similar subject matter, into 1 adverse report, and |
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517 | 517 | | 508the report on the petition shall be that said petitions or other forms of legislation ‘ought NOT to |
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518 | 518 | | 509pass,’ and if the report is accepted, all the matters contained in the report shall be disposed of. |
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519 | 519 | | 510However, petitions upon which an adverse report is accepted in only 1 branch may not be |
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520 | 520 | | 511combined with other subjects of legislation upon which adverse reports must be accepted, in |
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521 | 521 | | 512concurrence. This rule shall not apply to petitions referred to the committees on Rules of the two |
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522 | 522 | | 513branches, acting concurrently, under the second paragraph of Joint Rule 12. This rule shall not be |
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523 | 523 | | 514rescinded, amended or suspended, except by a concurrent vote of four-fifths of the members of |
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524 | 524 | | 515each branch present and voting thereon. Notwithstanding Joint Rule 30, this rule shall not be |
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525 | 525 | | 516rescinded, amended or suspended more than 3 times except by unanimous consent. [Amended |
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526 | 526 | | 517Feb. 2, 1891; Jan. 25, 1894; Jan. 16, 1903; Jan. 20, 1904; Dec. 22, 1920; April 17, 1925; Jan. 12, |
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527 | 527 | | 5181939; Jan. 15, 1945; Jan. 6, 1947; May 7, 1953; Jan. 27, 1955; Jan. 30, 1967; Jan. 7, 1971; Feb. 26 of 62 |
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528 | 528 | | 5194, 1974, June 12, 1995; July 17, 2003; Feb. 20, 2007; Feb. 12, 2009; Feb. 15, 2017; Mar. 7, |
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529 | 529 | | 5202019.] |
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530 | 530 | | 52110A. The form for all subjects of legislation receiving a favorable report shall be ‘ought to pass.’ |
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531 | 531 | | 522The form for all subjects of legislation receiving an adverse report shall be ‘ought NOT to pass.’ |
---|
532 | 532 | | 523A committee to whom is referred any other matter may report recommending that the same be |
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533 | 533 | | 524placed on file. [Adopted Jan. 7, 1971.] |
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534 | 534 | | 525Committees of Conference. |
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535 | 535 | | 52611. Committees of conference shall consist of 3 members on the part of each branch, one |
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536 | 536 | | 527member of each branch being a member of the minority party representing its vote; and their |
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537 | 537 | | 528report, if agreed to by a majority of each committee, shall be made to the branch asking for the |
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538 | 538 | | 529conference, and may be either accepted or rejected, but no other action shall be had, except |
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539 | 539 | | 530through a new committee of conference. |
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540 | 540 | | 531Committees of conference to whom are referred matters of difference in respect to bills or |
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541 | 541 | | 532resolves, shall, after filing their reports, but before consideration by either branch, have the same |
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542 | 542 | | 533approved or discharged by each committee on Bills in the Third Reading [Amended April 22, |
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543 | 543 | | 5341937; Feb. 12, 2009; Feb. 3, 2011; Feb. 15, 2017; Mar. 7, 2019.] |
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544 | 544 | | 53511A. Committees of conference to whom are referred matters of difference in respect to |
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545 | 545 | | 536appropriation bills, including capital outlay programs, shall, after filing their reports but before |
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546 | 546 | | 537consideration by either branch have the same approved or discharged by each committee on Bills |
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547 | 547 | | 538in the Third Reading. 27 of 62 |
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548 | 548 | | 539Upon the appointment of a committee of conference to whom matters of difference in respect to |
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549 | 549 | | 540any appropriation bill or in respect to any bill providing for capital outlay programs and projects |
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550 | 550 | | 541are referred, the clerk of the branch requesting said committee of conference shall make |
---|
551 | 551 | | 542available to members of the General Court a list of the matters in disagreement identified by item |
---|
552 | 552 | | 543number and item purpose and showing the amount made available by each branch of the General |
---|
553 | 553 | | 544Court, and any other matters in disagreement and the position of each of the said branches. |
---|
554 | 554 | | 545The report of said committee of conference shall consist of the matters of difference so referred |
---|
555 | 555 | | 546and so identified, showing the amounts appropriated by each of the said branches and other |
---|
556 | 556 | | 547matters in disagreement and the position of each branch with respect to those matters, and shall |
---|
557 | 557 | | 548state said committee's recommendations with respect to the matters so referred. Matters on which |
---|
558 | 558 | | 549there exists no disagreement between the branches shall not be disturbed by the committee on |
---|
559 | 559 | | 550conference. |
---|
560 | 560 | | 551The committees on ways and means of each branch of the General Court shall assist such |
---|
561 | 561 | | 552committee of conference in any and all matters necessary to the preparation and completion of its |
---|
562 | 562 | | 553report. [Adopted July 30, 1974; Amended Oct. 3, 1983; Feb. 3, 2011.] |
---|
563 | 563 | | 55411B. No report from a committee of conference shall be considered or acted upon by either |
---|
564 | 564 | | 555branch until the calendar day following the day on which said report shall have been available to |
---|
565 | 565 | | 556the public and to the members of the General Court. The committee shall file its report no later |
---|
566 | 566 | | 557than 8 p.m. on the day preceding its consideration and the General Court shall not consider said |
---|
567 | 567 | | 558report before 1 p.m. on the following day, except that a report from such committee of |
---|
568 | 568 | | 559conference that it is unable to agree may be considered and acted upon at the time that such 28 of 62 |
---|
569 | 569 | | 560report is filed. [Adopted Oct. 3, 1983. Amended July 17, 2003; July 21 and September 20, 2005; |
---|
570 | 570 | | 561Feb. 3, 2011.] |
---|
571 | 571 | | 56211C. Reports, other than those filed under Rule 11A, from a committee of conference shall, |
---|
572 | 572 | | 563whenever practicable, be accompanied by a summary which shall be filed with the clerk. |
---|
573 | 573 | | 564[Adopted Feb. 12, 2009; Feb. 3, 2011.] |
---|
574 | 574 | | 56511D. Upon the filing of a report by a committee of conference the clerk of the branch in which |
---|
575 | 575 | | 566the committee of conference filed its report shall make the report and the summary of the report |
---|
576 | 576 | | 567available to all members electronically and to the public on the official website of the General |
---|
577 | 577 | | 568Court by 9 p.m. on the day preceding its consideration. [Adopted Feb. 12, 2009; Feb. 3, 2011.] |
---|
578 | 578 | | 56911E. Subsequent to the filing of a report of a committee of conference, an addendum may be |
---|
579 | 579 | | 570submitted to the clerk of the branch in which the report had been filed. The addendum shall |
---|
580 | 580 | | 571indicate that it contains only matters inadvertently omitted from or included in the report, and |
---|
581 | 581 | | 572shall be signed by all of members of the House and Senate who had signed the conference |
---|
582 | 582 | | 573committee report. The addendum shall be approved by both the Counsel to the House and the |
---|
583 | 583 | | 574Counsel to the Senate. The addendum, having been approved by both the Counsel to the House |
---|
584 | 584 | | 575and the Counsel to the Senate, shall be posted to the official website of the General Court |
---|
585 | 585 | | 576immediately upon receipt by the clerk of the branch to which it was submitted. [Adopted Mar. |
---|
586 | 586 | | 57714, 2013.] |
---|
587 | 587 | | 578Limit of Time allowed for New Business. |
---|
588 | 588 | | 57912. Resolutions intended for adoption by both branches of the General Court, petitions, and all |
---|
589 | 589 | | 580other subjects of legislation, shall be deposited with the Clerk of either branch prior to 5 p.m. on |
---|
590 | 590 | | 581the third Friday in January of the first annual session of the General Court. 29 of 62 |
---|
591 | 591 | | 582All such matters except messages from the Governor, reports required or authorized to be made |
---|
592 | 592 | | 583to the General Court and petitions filed or approved by the voters of a city or town, or the mayor |
---|
593 | 593 | | 584and city council, or other legislative body of a city, or the town meeting of a town, for the |
---|
594 | 594 | | 585enactment of a special law under Section 8 of Article LXXXIX of the Amendments to the |
---|
595 | 595 | | 586Constitution and which do not affect the powers, duties, etc., of state departments, boards, |
---|
596 | 596 | | 587commissions, etc., or which do not affect generally the laws of the Commonwealth deposited |
---|
597 | 597 | | 588with the respective clerks subsequent to 5 p.m. on the third Friday of January of the first annual |
---|
598 | 598 | | 589session of the General Court shall be referred by the Clerks to the committees on the Rules of the |
---|
599 | 599 | | 590two branches, acting concurrently. No such matter shall be admitted for consideration except on |
---|
600 | 600 | | 591report of the committees on Rules of the two branches, acting concurrently, and then upon |
---|
601 | 601 | | 592approval of two-thirds of the members of each branch voting thereon. Matters upon which |
---|
602 | 602 | | 593suspension of Joint Rule 12 has been negatived shall be placed on file. |
---|
603 | 603 | | 594At any special session called under Rule 26A, however, matters relating to the facts constituting |
---|
604 | 604 | | 595the necessity for convening such session shall, if otherwise admissible, be admitted as though |
---|
605 | 605 | | 596filed seasonably under the first sentence of this rule. Any recommendations from the Governor |
---|
606 | 606 | | 597shall be similarly considered. This rule shall not be rescinded, amended or suspended, except by |
---|
607 | 607 | | 598a concurrent vote of two-thirds of the members of each branch present and voting thereon. |
---|
608 | 608 | | 599[Amended Feb. 7, 18 90; Feb. 2, 18 91; Feb. 7, 18 93; Jan. 10, 18 98; Jan. 9, 18 99; Feb. 15, 19 |
---|
609 | 609 | | 60001; May 4, 19 04; Jan. 31, 19 10; Feb. 2, 19 17; Dec. 22, 19 20; March 30, 19 21; Jan. 30, 19 23; |
---|
610 | 610 | | 601Feb. 15, 19 33; Jan. 12 and Aug. 7, 19 39; Jan. 15, 19 45; Jan. 6, 19 47; May 27, 19 48; Jan. 30, |
---|
611 | 611 | | 60219 67; March 26, 19 69; Jan. 7, 1971 ; Jan. 15 and Oct. 2, 1973 ; Oct 3, 1983 , June 12, 1995 ; |
---|
612 | 612 | | 603Jan. 26, 2005; July 17, 2003; Jan. 26, 2005; July 21, 2005; Sept. 20, 2005; Feb. 12, 2009.] 30 of 62 |
---|
613 | 613 | | 60412A. All formal business of the first annual session of the General Court shall be concluded not |
---|
614 | 614 | | 605later than the third Wednesday in November of that calendar year and all formal business of the |
---|
615 | 615 | | 606second annual session shall be concluded not later than the last day of July of that calendar year. |
---|
616 | 616 | | 607In order to assist the Senate and House in its analysis and appraisal of laws enacted by the |
---|
617 | 617 | | 608General Court, each joint standing committee, upon conclusion of the formal business of the |
---|
618 | 618 | | 609annual sessions, shall, as authorized by Joint Rule 1, initiate oversight hearings to evaluate the |
---|
619 | 619 | | 610effectiveness, application and administration of the subject matter of laws within the jurisdiction |
---|
620 | 620 | | 611of that committee. [Adopted June 12, 1995.] |
---|
621 | 621 | | 612Unfinished Business of the Session. |
---|
622 | 622 | | 61312B. Any matter pending before the General Court at the end of the first annual session and any |
---|
623 | 623 | | 614special session held in the same year shall carry over into the second annual session of the same |
---|
624 | 624 | | 615General Court in the same legislative status as it was at the conclusion of the first annual session |
---|
625 | 625 | | 616or any special session held during that year; provided, however, that any measure making or |
---|
626 | 626 | | 617supplementing an appropriation for a fiscal year submitted to or returned to the General Court by |
---|
627 | 627 | | 618the Governor, under Article LXIII of the Amendments to the Constitution, in the first annual |
---|
628 | 628 | | 619session or in a special session held during that year shall cease to exist upon the termination of |
---|
629 | 629 | | 620the first annual session. [Adopted June 12. 1995.] |
---|
630 | 630 | | 621Papers to be deposited with the Clerks. |
---|
631 | 631 | | 62213. Information intended for presentation to the General Court by any Representative or Senator |
---|
632 | 632 | | 623shall be deposited with the Clerk of the branch to which the member belongs; and all such |
---|
633 | 633 | | 624information, unless they be subject to other rules or of the rules of the Senate or House, shall be |
---|
634 | 634 | | 625referred by the Clerk, with the approval of the President or Speaker, to appropriate committees, 31 of 62 |
---|
635 | 635 | | 626subject to such changes as the Senate or House may make. The reading of information so |
---|
636 | 636 | | 627referred may be dispensed with, but they shall, except as provided in these rules, be entered in |
---|
637 | 637 | | 628the Journal of the same on the next legislative day after such reference. |
---|
638 | 638 | | 629A member may include a brief statement of intent with all papers intended for presentation to the |
---|
639 | 639 | | 630General Court. Upon a favorable report by a joint standing committee, a committee may include |
---|
640 | 640 | | 631a brief written statement of intent. Said statement shall be dated and shall include the scope of |
---|
641 | 641 | | 632the matter presented for consideration; provided, however, this rule shall not be construed to |
---|
642 | 642 | | 633require the presentation of such statement of intent under this rule. [Adopted Feb. 7, 1890. |
---|
643 | 643 | | 634Amended Feb. 2, 1891; Feb. 7, 1893; Jan. 25, 1894; Dec. 22, 1920; May 25, 1923; Feb. 15, |
---|
644 | 644 | | 6351933; Jan. 12, 1971; June 3, 1985; Feb. 12, 2009.] |
---|
645 | 645 | | 636Dockets of Legislative Counsel and Agents. |
---|
646 | 646 | | 63714. The committees on Rules of the two branches, acting concurrently, may prescribe the manner |
---|
647 | 647 | | 638and form of keeping the dockets of legislative agents which are required by law. [Adopted Feb. |
---|
648 | 648 | | 6392, 1891; Amended Feb. 19, 1920.] |
---|
649 | 649 | | 640Duties of the Clerk. |
---|
650 | 650 | | 64115. If any part of the report of a committee over the signature of the chair or members of the |
---|
651 | 651 | | 642committee is amended in either branch, the Clerk of that branch shall endorse upon the report |
---|
652 | 652 | | 643such amendment. [Amended Mar. 7, 2019.] |
---|
653 | 653 | | 64416. All papers, while on their passage between the 2 branches, may be under the signature of the |
---|
654 | 654 | | 645respective Clerks, except as to the adopting of emergency preambles and the final passage of 32 of 62 |
---|
655 | 655 | | 646bills and resolves. Messages may be sent by such persons as each branch may direct. [Amended |
---|
656 | 656 | | 647Feb. 21, 1919.] |
---|
657 | 657 | | 64817. After bills and resolves have passed both branches to be engrossed, they shall be in the |
---|
658 | 658 | | 649charge of the Clerks of the 2 branches, who shall prepare the same for final passage in the |
---|
659 | 659 | | 650manner prescribed by law; and when so prepared the same shall be delivered to the Clerk of the |
---|
660 | 660 | | 651House of Representatives; and when the bills have been passed to be enacted or the resolves have |
---|
661 | 661 | | 652been passed in the House, they shall, in like manner, be delivered to the Senate Clerk and |
---|
662 | 662 | | 653Parliamentarian. If a bill or resolve contains an emergency preamble, it shall be delivered in like |
---|
663 | 663 | | 654manner, to the Senate after the preamble has been adopted by the House of Representatives and |
---|
664 | 664 | | 655before the bill or resolve is put upon its final passage in that branch. If the Senate concurs in |
---|
665 | 665 | | 656adopting the preamble, the bill or resolve shall be returned to the House to be there first put upon |
---|
666 | 666 | | 657its final passage, under Joint Rule No. 22. [Amended Feb. 24, 1914; Feb. 21, 1919; Jan. 7, 1971.] |
---|
667 | 667 | | 65818. [Omitted in 1971.] |
---|
668 | 668 | | 65919. The Clerk of the branch in which a bill or resolve originated shall make an endorsement on |
---|
669 | 669 | | 660the envelope of the engrossed copy of the bill, certifying in which branch the bill originated, |
---|
670 | 670 | | 661which endorsement shall be entered on the journals by the Clerks respectively. [Amended Jan. |
---|
671 | 671 | | 66228, 1889; Feb. 24, 1914.] |
---|
672 | 672 | | 66320. Bills, resolves and other papers requiring the approval of the Governor shall be laid before |
---|
673 | 673 | | 664the Governor for the Governor’s approbation by the Senate Clerk and Parliamentarian, who shall |
---|
674 | 674 | | 665enter upon the journal of the Senate the day and date on which the same were so laid before the |
---|
675 | 675 | | 666Governor. [Amended Jan. 28, 1889; Jan. 7, 1971.] |
---|
676 | 676 | | 667Presentation and Distribution of Documents. 33 of 62 |
---|
677 | 677 | | 66821. The committees on Rules of the two branches, acting concurrently, may establish regulations |
---|
678 | 678 | | 669for the distribution of bills, reports or other documents. Bills, reports or other documents shall be |
---|
679 | 679 | | 670made available to members electronically and, except for petitions or other documents not |
---|
680 | 680 | | 671assigned bill numbers, published on the Internet. The committees on Rules of the two branches, |
---|
681 | 681 | | 672acting concurrently, may make such changes pertaining to the availability of bills, reports or |
---|
682 | 682 | | 673other documents as they deem necessary for expediting the work of the legislature. |
---|
683 | 683 | | 674The Clerks of the House of Representatives and the Senate shall be responsible for publishing |
---|
684 | 684 | | 675the journals of their respective chamber, the book Public Officers of Massachusetts, the |
---|
685 | 685 | | 676committee book and any other publications per order of the committees on Rules. [Amended Jan. |
---|
686 | 686 | | 6778, 1886 ; Jan. 28, 1889 ; Jan. 27, 1911 ; Feb. 19, 1920 ; Jan. 6, 1947 ; Apr. 5, 19 67 ; Jan. 7, |
---|
687 | 687 | | 6781971; Feb. 12, 2009; Mar. 14, 2013.] |
---|
688 | 688 | | 679Emergency Measures. |
---|
689 | 689 | | 68022. The vote on the preamble of an emergency law, which under the requirements of Article |
---|
690 | 690 | | 681XLVIII, as amended by Article LXVII of the Amendments of the Constitution shall, upon |
---|
691 | 691 | | 682request of 2 members of the Senate or of 5 members of the House of Representatives, be taken |
---|
692 | 692 | | 683by call of the yeas and nays, shall be had after the proposed law has been prepared for final |
---|
693 | 693 | | 684passage; and neither branch shall vote on the enactment of a bill or on the passage of a resolve |
---|
694 | 694 | | 685containing an emergency preamble until it has been determined whether the preamble shall |
---|
695 | 695 | | 686remain or be eliminated. If the bill contains an emergency preamble, a motion to amend the bill |
---|
696 | 696 | | 687may be received in either branch before the adoption of the emergency preamble, and the |
---|
697 | 697 | | 688amendment may contain a new emergency preamble. If the 2 branches concur in adopting the |
---|
698 | 698 | | 689preamble, the bill or resolve shall first be put upon its final passage in the House of 34 of 62 |
---|
699 | 699 | | 690Representatives. If either branch fails to adopt the preamble, notice of its action shall be sent to |
---|
700 | 700 | | 691the other branch; and the bill or resolve, duly endorsed, shall again be prepared for final passage |
---|
701 | 701 | | 692without the preamble and without any provision that the bill or the resolve shall take effect |
---|
702 | 702 | | 693earlier than 90 days after it has become law. Procedure shall be otherwise under the joint rules |
---|
703 | 703 | | 694and the rules of the Senate and the House of Representatives. [Adopted Feb. 21, 1919. Amended |
---|
704 | 704 | | 695Jan. 30, 1923; Jan. 7, 1971; Feb. 20, 2007; Feb. 12, 2009.] |
---|
705 | 705 | | 69622A. Bills and resolves passed to be engrossed by both branches and before being transmitted by |
---|
706 | 706 | | 697the clerks to the Legislative Engrossing Division shall be made available to the committees on |
---|
707 | 707 | | 698Bills in the Third Reading of the two branches, acting jointly, who shall examine them to ensure |
---|
708 | 708 | | 699accuracy in the text; that the legislation is correct as to form; that references to previous |
---|
709 | 709 | | 700amendments to any particular law are correct and to ensure proper consistency with the language |
---|
710 | 710 | | 701of existing statutes. These committees, with the approval of the majority and minority leadership |
---|
711 | 711 | | 702of both branches may make corrections which are not substantive in nature. The clerks of both |
---|
712 | 712 | | 703branches shall be immediately notified, in writing, of any such changes. Errors discovered by the |
---|
713 | 713 | | 704committees of a substantive nature shall be reported to the General Court, which in turn shall |
---|
714 | 714 | | 705take appropriate action under its rules. Upon completion of examination and possible correction |
---|
715 | 715 | | 706of any such bills and resolves, the bills and resolves shall be returned to the clerks, who in turn, |
---|
716 | 716 | | 707shall transmit them to the Legislative Engrossing Division to be prepared for final passage. |
---|
717 | 717 | | 708[Adopted Sept. 16, 1971.] |
---|
718 | 718 | | 709Legislative Amendments to the Constitution. |
---|
719 | 719 | | 71023. All proposals for amendments to the Constitution referred to a joint committee on the first |
---|
720 | 720 | | 711annual session of the General Court shall be reported by said committee not later than the last 35 of 62 |
---|
721 | 721 | | 712Wednesday of April in said year, and proposals for amendments to the Constitution referred to a |
---|
722 | 722 | | 713joint committee subsequent to the last Wednesday in April of the first annual session shall be |
---|
723 | 723 | | 714reported by said committee not later than the last Wednesday of April in the second session of |
---|
724 | 724 | | 715the same General Court. The committee shall file its report, either recommending that the |
---|
725 | 725 | | 716proposal ought to pass or ought not to pass, with any official papers in its possession that relate |
---|
726 | 726 | | 717thereto, with the Clerk of the Senate. When the time within which said committees are required |
---|
727 | 727 | | 718to report has expired, all matters upon which no report has been made shall forthwith be placed |
---|
728 | 728 | | 719in the Journal of the respective branches, with an adverse report under this rule; and shall then be |
---|
729 | 729 | | 720placed on file in the office of the Clerk of the Senate. For further information of the members of |
---|
730 | 730 | | 721the Senate and House of Representatives, the respective Clerks shall also place all such matters |
---|
731 | 731 | | 722under a separate heading in the Calendar of each branch, as soon as is practicable. In each branch |
---|
732 | 732 | | 723the report shall be read and forthwith placed on file; and no further legislative action shall be |
---|
733 | 733 | | 724taken on the measure unless consideration in joint session is called for by vote of either branch, |
---|
734 | 734 | | 725under Section 2 of Part IV of Article XLVIII (as amended by Article LXXXI) of the |
---|
735 | 735 | | 726Amendments to the Constitution. A joint committee to which is referred any recommendation for |
---|
736 | 736 | | 727an amendment to the Constitution made by the Governor or contained in a report authorized to |
---|
737 | 737 | | 728be made to the General Court may report on the recommendation a proposal for a legislative |
---|
738 | 738 | | 729amendment, which shall be deemed to have been introduced by the member of the Senate who |
---|
739 | 739 | | 730reports for the committee; and the procedure as regards reporting, filing and subsequent action |
---|
740 | 740 | | 731shall be that provided for legislative amendments by this rule. Or the joint committee may report |
---|
741 | 741 | | 732ought not to pass for the reason that no legislation is necessary or that the recommendation ought |
---|
742 | 742 | | 733not to pass; and in such cases the usual procedure as regards similar reports by joint committees |
---|
743 | 743 | | 734shall be followed. If such an adverse report is amended in the Senate by substituting a proposal 36 of 62 |
---|
744 | 744 | | 735for a legislative amendment, notice of the Senate's action shall be sent to the House and said |
---|
745 | 745 | | 736proposal, together with the official papers relating to the subject, shall be in the custody of the |
---|
746 | 746 | | 737Clerk of the Senate; and if said report is so amended in the House, the proposal, duly endorsed, |
---|
747 | 747 | | 738together with the other papers, shall be sent to the Senate for its information and shall be kept in |
---|
748 | 748 | | 739the custody of its Clerk. No further legislative action shall be taken in either branch on a proposal |
---|
749 | 749 | | 740so substituted unless consideration in joint session is called for under the Constitution. If either |
---|
750 | 750 | | 741branch calls for the consideration of any proposal in joint session, notice of its action shall be |
---|
751 | 751 | | 742sent to the other branch; and it shall then be the duty of the Senate and the House of |
---|
752 | 752 | | 743Representatives to arrange for the holding of the joint session not later than the second |
---|
753 | 753 | | 744Wednesday in May. Subject to the requirements of the Constitution, joint sessions or |
---|
754 | 754 | | 745continuances of joint sessions of the 2 branches to consider proposals for specific amendments to |
---|
755 | 755 | | 746the Constitution, and all rules or procedures, shall be determined only by concurrent votes of the |
---|
756 | 756 | | 7472 branches. The rules relative to joint conventions shall apply to the joint sessions of the 2 |
---|
757 | 757 | | 748houses. [Adopted Feb. 21, 1919. Amended March 30, 1921; April 11, 1935; Jan. 12, 1939; Jan. |
---|
758 | 758 | | 74915, 1945; Nov. 9, 1951; Jan. 15, 1973; July 1, 1974; Feb. 12, 2009.] |
---|
759 | 759 | | 750Executive Reorganization Plans. |
---|
760 | 760 | | 75123A. Any reorganization plan, accompanied by a bill, submitted by the Governor under Article |
---|
761 | 761 | | 752LXXXVII of the Amendments to the Constitution shall be referred by the Clerks of the Senate |
---|
762 | 762 | | 753and the House, with the approval of the President and Speaker, to a joint standing committee |
---|
763 | 763 | | 754within 5 days of the presentation of the reorganization plan. |
---|
764 | 764 | | 755Said committee, to which is referred any such reorganization plan, shall, as required by said |
---|
765 | 765 | | 756Article, not later than 30 days after the presentation of such plan by the Governor, hold a public 37 of 62 |
---|
766 | 766 | | 757hearing on the reorganization plan; and shall not later than 10 days after such hearing report that |
---|
767 | 767 | | 758it either approves or disapproves such plan. |
---|
768 | 768 | | 759When recommending action, the committee shall make, in each branch, a separate report of its |
---|
769 | 769 | | 760recommendations, and shall file said report together with the committee's recommendations and |
---|
770 | 770 | | 761the reasons for those recommendations, in writing. Majority and minority reports shall be signed |
---|
771 | 771 | | 762by the members of said committee. Any official papers in the possession of said committee that |
---|
772 | 772 | | 763relate thereto shall be filed with the Clerk of the Senate. |
---|
773 | 773 | | 764If the committee recommends favorable action, the report shall be that the reorganization plan |
---|
774 | 774 | | 765‘ought to be approved’. If the committee recommends adverse action, the report shall be that the |
---|
775 | 775 | | 766reorganization plan ‘ought NOT to be approved’. In each instance, the question shall be ‘Shall |
---|
776 | 776 | | 767this reorganization plan be approved?’ |
---|
777 | 777 | | 768In each branch, the report shall be read and forthwith recorded in the Journal. On the legislative |
---|
778 | 778 | | 769day next following the Journal record, the report shall be placed in the Orders of the Day of the |
---|
779 | 779 | | 770Senate and the House. |
---|
780 | 780 | | 771When the time within which a joint committee is required to report on a reorganization plan has |
---|
781 | 781 | | 772expired, a matter upon which no report has been made shall forthwith be placed in the Orders of |
---|
782 | 782 | | 773the Day by the Clerks of each branch and the question shall be ‘Shall this reorganization plan be |
---|
783 | 783 | | 774approved?’. |
---|
784 | 784 | | 775When such plan is before either branch, no motion relating to said plan shall be allowed except |
---|
785 | 785 | | 776the motions to lay on the table (only in the Senate), to postpone to a time certain, or to commit or |
---|
786 | 786 | | 777recommit (at the pleasure of either branch). The motions to take a recess, to adjourn, the previous 38 of 62 |
---|
787 | 787 | | 778question (if provided in the branch debating the issue), to close debate at a specified time, and |
---|
788 | 788 | | 779the motion to reconsider shall also be in order. |
---|
789 | 789 | | 780A motion to discharge any committee to which is referred or to which is recommitted a |
---|
790 | 790 | | 781reorganization plan shall not be in order prior to the expiration of 40 days after the Governor's |
---|
791 | 791 | | 782presentation of such plan. After the expiration of said 40 days, a motion to discharge a committee |
---|
792 | 792 | | 783shall be decided by a majority vote of the branch in which the motion is made. |
---|
793 | 793 | | 784Unless disapproved by a majority vote of the members of either of the 2 branches of the General |
---|
794 | 794 | | 785Court present and voting, the General Court not having prorogued within 60 days from the date |
---|
795 | 795 | | 786of presentation by the Governor, the plan shall be approved and shall take effect as provided by |
---|
796 | 796 | | 787Article LXXXVII of the Amendments to the Constitution. |
---|
797 | 797 | | 788Within 7 days of the expiration of the 60 days from the date of presentation of said plan by the |
---|
798 | 798 | | 789Governor, unless the question has already been decided, the Clerks of the Senate and House of |
---|
799 | 799 | | 790Representatives shall place the plan in the Orders of the Day; and no motions except the motions |
---|
800 | 800 | | 791to take a recess, to adjourn, and previous question, or to close debate at a specified time, shall be |
---|
801 | 801 | | 792in order. |
---|
802 | 802 | | 793No such reorganization plan presented to the General Court shall be subject to change or |
---|
803 | 803 | | 794amendment before expiration of such 60 days. [Adopted June 13, 1967; Amended March 27, |
---|
804 | 804 | | 7951969; June 12, 1995; Feb. 12, 2009.] |
---|
805 | 805 | | 796Joint Conventions. |
---|
806 | 806 | | 79724. The President of the Senate shall preside in Conventions of the 2 branches, and such |
---|
807 | 807 | | 798Conventions shall be held in the Representatives' Chamber; the Senate Clerk and Parliamentarian 39 of 62 |
---|
808 | 808 | | 799shall be the Clerk of the Convention, and a record of the proceedings of the Convention shall be |
---|
809 | 809 | | 800entered at large on the journals of both branches. [Amended Feb. 20, 2007.] |
---|
810 | 810 | | 80125. When an agreement has been made by the 2 branches to go into Convention, such agreement |
---|
811 | 811 | | 802shall not be altered or annulled, except by concurrent vote, excepting that it shall be in order to |
---|
812 | 812 | | 803recess the convention from time to time upon a majority vote of said convention. [Amended Jan. |
---|
813 | 813 | | 8047, 1971 .] |
---|
814 | 814 | | 80526. No business shall be entered on, in Convention, other than that which may be agreed on |
---|
815 | 815 | | 806before the Convention is formed. |
---|
816 | 816 | | 807Special Sessions. |
---|
817 | 817 | | 80826A. If written statements of 21 members of the Senate and 81 members of the House of |
---|
818 | 818 | | 809Representatives, that in their opinion it is necessary that the General Court assemble in special |
---|
819 | 819 | | 810session on a particular date and time specified in their statements during a recess of the General |
---|
820 | 820 | | 811Court, are filed with their respective Clerks, such Clerks shall forthwith notify all the members |
---|
821 | 821 | | 812of their respective branches to assemble at the State House in Boston, on said date at the time so |
---|
822 | 822 | | 813specified. When so assembled, the first business to be taken up shall be the question of the |
---|
823 | 823 | | 814necessity of so assembling, under Article I of Section I of Chapter I of Part the Second of the |
---|
824 | 824 | | 815Constitution of the Commonwealth. If 21 members of the Senate and 81 members of the House |
---|
825 | 825 | | 816of Representatives judge by vote taken by call of the yeas and nays that such assembling of the |
---|
826 | 826 | | 817General Court is necessary, specifying in such vote the facts constituting such necessity, the |
---|
827 | 827 | | 818General Court shall then complete its organization as a special session, proceed to the |
---|
828 | 828 | | 819consideration of the suspension of Joint Rule 12A which if suspended by the required two-thirds |
---|
829 | 829 | | 820of the members of both branches shall permit the General Court to proceed to the consideration 40 of 62 |
---|
830 | 830 | | 821of matters properly before it. Nothing in this rule shall prevent the General Court from |
---|
831 | 831 | | 822assembling in any other constitutional manner when it judges necessary. [Adopted Aug. 7, 1939. |
---|
832 | 832 | | 823Amended March 2, 1943; March 27, 19 69; May 5, 1979; July 17, 2003; July 21 and September |
---|
833 | 833 | | 82420, 2005.] |
---|
834 | 834 | | 825Joint Elections. |
---|
835 | 835 | | 82627. In all elections by joint ballot a time shall be assigned for such election at least 1 day |
---|
836 | 836 | | 827previous to such election. |
---|
837 | 837 | | 82827A. In all cases of elections by ballot a majority of the votes cast shall be necessary for a |
---|
838 | 838 | | 829choice, and where there shall be no such a majority on the first ballot the ballots shall be repeated |
---|
839 | 839 | | 830until a majority is obtained; and in balloting, blanks shall be rejected and not taken into the count |
---|
840 | 840 | | 831in the enumeration of votes, excepting that when the number of blanks shall be more than the |
---|
841 | 841 | | 832number of votes received by the candidate having the highest number of votes, then the election |
---|
842 | 842 | | 833shall be declared void and the balloting shall be repeated as provided herein. [Adopted March 27, |
---|
843 | 843 | | 8341969 .] |
---|
844 | 844 | | 83528. [Omitted March 28, 1972 .] |
---|
845 | 845 | | 836References to the Committees on Rules. |
---|
846 | 846 | | 83729. All motions and orders authorizing joint committees to travel or to employ stenographers, or |
---|
847 | 847 | | 838authorizing joint committees or special commissions composed as a whole or in part of members |
---|
848 | 848 | | 839of the General Court to make investigations or to file special reports, all propositions reported by |
---|
849 | 849 | | 840joint committees which authorize investigations or special reports by joint committees or by |
---|
850 | 850 | | 841special commissions composed as a whole or in part of members of the General Court, all 41 of 62 |
---|
851 | 851 | | 842motions or orders proposed for joint adoption which provide that information be transmitted to |
---|
852 | 852 | | 843the General Court, and all matters referred under the second paragraph of Joint Rule 12, shall be |
---|
853 | 853 | | 844referred without debate to the committees on Rules of the two branches acting concurrently, who |
---|
854 | 854 | | 845shall report on the matter, under Joint Rule 10. All matters which have been referred under this |
---|
855 | 855 | | 846rule shall, in each instance, be reported back into the branch making such reference. [Adopted |
---|
856 | 856 | | 847Jan. 10, 1898. Amended Jan. 20, 1904; Jan. 28, 1913; Feb. 19 and Dec. 22, 1920; April 11, 1935; |
---|
857 | 857 | | 848April 22, 1937; Jan. 27, 1955; Jan. 30, 1967; Oct. 18, 1971.] |
---|
858 | 858 | | 84929A. Meetings of any special commission, special legislative commission, task force or other |
---|
859 | 859 | | 850group authorized or required by a statute, resolve, rule, or order to make or conduct an |
---|
860 | 860 | | 851investigation or study of any issue shall be conducted openly and transparently. Meetings of any |
---|
861 | 861 | | 852special commission, special legislative commission, task force or other group authorized or |
---|
862 | 862 | | 853required by a statute, resolve, rule, or order to make or conduct an investigation or study of any |
---|
863 | 863 | | 854issue and which are chaired by members of the general court shall be posted and conducted |
---|
864 | 864 | | 855pursuant to the rules of the senate and house of representatives and shall be conducted according |
---|
865 | 865 | | 856to the following requirements: |
---|
866 | 866 | | 857a.)Meetings shall be open to the public; |
---|
867 | 867 | | 858b.)Meetings shall be announced by appropriate notice at least 72 hours in advance; |
---|
868 | 868 | | 859c.)Any documents used in a meeting be provided to the public upon request in a manner to |
---|
869 | 869 | | 860be determined by the chair; |
---|
870 | 870 | | 861d.)Public testimony shall be accepted in a manner to be determined by the chair; 42 of 62 |
---|
871 | 871 | | 862e.)The chair shall maintain a summary of the subjects discussed at each meeting, a list of |
---|
872 | 872 | | 863documents and other exhibits used at the meetings, and shall maintain a record of proceedings, |
---|
873 | 873 | | 864including a record of all votes. For the purposes of this rule a video or audio recording made |
---|
874 | 874 | | 865available to the public shall be considered an adequate record of the proceedings. [Adopted, Feb. |
---|
875 | 875 | | 86615, 2017; Amended Mar. 7, 2019.] |
---|
876 | 876 | | 86730. All motions or orders extending the time within which joint committees and the committees |
---|
877 | 877 | | 868on Rules of the two branches, acting concurrently, are required to report shall be referred without |
---|
878 | 878 | | 869debate to the committees on Rules of the two branches, acting concurrently, who shall report |
---|
879 | 879 | | 870recommending what action should be taken on the motion or order. Such extension shall be |
---|
880 | 880 | | 871granted by a concurrent majority vote if recommended by the committees on Rules of the two |
---|
881 | 881 | | 872branches, acting concurrently; but no such extension shall be granted, against the |
---|
882 | 882 | | 873recommendation of the committees, except by a four-fifths vote of the members of each branch |
---|
883 | 883 | | 874present and voting on the extension. This rule shall not be rescinded, amended or suspended, |
---|
884 | 884 | | 875except by a concurrent vote of four-fifths of the members of each branch present and voting |
---|
885 | 885 | | 876thereon. [Adopted Jan. 16, 1903. Amended Feb. 6, 1912; Feb. 19, 1920; Jan. 6, 1947; Jan. 27, |
---|
886 | 886 | | 8771955; June 7, 1965.] |
---|
887 | 887 | | 878Members. |
---|
888 | 888 | | 87931. A member of either branch who directly or indirectly solicits for such member or others any |
---|
889 | 889 | | 880position or office within the gift or control of a railroad corporation, street railway company, gas |
---|
890 | 890 | | 881or electric light company, telegraph or telephone company, aqueduct or water company, or other |
---|
891 | 891 | | 882public service corporation, shall be subject to suspension for such solicitation, or to such other 43 of 62 |
---|
892 | 892 | | 883penalty as the branch of which the person is a member may see fit to impose. [See G. L. 271, sec. |
---|
893 | 893 | | 88440.] [Adopted May 22, 1902.] |
---|
894 | 894 | | 885Accommodations for Reporters. |
---|
895 | 895 | | 88632. Subject to the approval and direction of the committees on Rules of the two branches, acting |
---|
896 | 896 | | 887concurrently, during the session, and of the President of the Senate and the Speaker of the House |
---|
897 | 897 | | 888of Representatives after prorogation, the use of the rooms and facilities assigned to reporters in |
---|
898 | 898 | | 889the State House shall be under the control of the organizations of legislative reporters known as |
---|
899 | 899 | | 890the Massachusetts State House Press Association and the State House Broadcasters Association. |
---|
900 | 900 | | 891No person shall be permitted to use such rooms or facilities who is not entitled to the privileges |
---|
901 | 901 | | 892of the reporters' galleries of the Senate or of the House. Within 10 days after the General Court |
---|
902 | 902 | | 893convenes the Massachusetts State House Press Association and the State House Broadcasters |
---|
903 | 903 | | 894Association shall each transmit to the President of the Senate, the Speaker of the House of |
---|
904 | 904 | | 895Representatives and the Sergeant-at-Arms a list of the legislative reporters with the principal |
---|
905 | 905 | | 896publication or news service which each represents. [Adopted Jan. 27, 1911. Amended Feb. 24, |
---|
906 | 906 | | 8971914; Feb. 19, 1920; April 17, 1925; May 23, 1979; Feb. 12, 2009.] |
---|
907 | 907 | | 898Suspension of Rules. |
---|
908 | 908 | | 89933. Any joint rule except Rule 10 and Rule 30 may be altered, suspended or rescinded by a |
---|
909 | 909 | | 900concurrent vote of two-thirds of the members of each branch present and voting thereon. |
---|
910 | 910 | | 901[Amended Feb. 7, 1893. Adopted in revised form Jan. 9, 1899. Amended Jan. 16, 1903; Jan. 26, |
---|
911 | 911 | | 9022005.] |
---|
912 | 912 | | 903Audit of Accounts. 44 of 62 |
---|
913 | 913 | | 90434. The committees on Rules of the two branches, acting concurrently, shall provide that an |
---|
914 | 914 | | 905outside independent audit of joint financial accounts be conducted by a certified public |
---|
915 | 915 | | 906accountant no less frequently that at the end of each second fiscal year. A copy of such audit |
---|
916 | 916 | | 907shall be filed with the Clerks of the Senate and House of Representatives, and made available for |
---|
917 | 917 | | 908public inspection upon reasonable notice and during regular office hours. [Adopted May 30, |
---|
918 | 918 | | 9091985.] |
---|
919 | 919 | | 91035. The committees on Rules of the two branches, acting concurrently, shall reexamine the Joint |
---|
920 | 920 | | 911Rules of the House and Senate as needed, but at least every 4 years, and shall report to each |
---|
921 | 921 | | 912branch any recommendations it may have to facilitate the work of the respective branches and |
---|
922 | 922 | | 913the joint standing committees. [Adopted June 12, 1995.] |
---|
923 | 923 | | 914Procurement. |
---|
924 | 924 | | 91536. (a) The House Business Manager and Chief Financial Officer of the Senate shall complete |
---|
925 | 925 | | 916the procurement of all goods and services from the joint legislative accounts. Procurements for |
---|
926 | 926 | | 917goods or services shall be made pursuant to a statewide procurement contract established by the |
---|
927 | 927 | | 918operational services division, to the extent practicable, as determined by the House Business |
---|
928 | 928 | | 919Manager and the Chief Financial Officer of the Senate. If the Business Manager and the Chief |
---|
929 | 929 | | 920Financial Officer determine that a procurement cannot be made using a statewide procurement |
---|
930 | 930 | | 921contract established by the operational services division, they may procure the required goods or |
---|
931 | 931 | | 922services under subsections (b), (c) or (d). |
---|
932 | 932 | | 923(b) Procurement of a supply or service from a vendor not on a statewide procurement contract |
---|
933 | 933 | | 924valued at less than $10,000 shall be made at the discretion of the House Business Manager and |
---|
934 | 934 | | 925the Chief Financial Officer of the Senate. 45 of 62 |
---|
935 | 935 | | 926(c) If the House Business Manager and the Chief Financial Officer of the Senate seek to procure |
---|
936 | 936 | | 927a supply or service from a vendor not on a statewide procurement contract valued at $10,000 or |
---|
937 | 937 | | 928more, but less than $100,000, they shall seek written or oral quotations from not fewer than 3 |
---|
938 | 938 | | 929persons customarily providing such supply or service. The House Business Manager and the |
---|
939 | 939 | | 930Chief Financial Officer of the Senate shall record the names and addresses of all persons from |
---|
940 | 940 | | 931whom quotations were sought , the names and addresses of all persons submitting quotations |
---|
941 | 941 | | 932and the date and amount of each quotation. The House Business Manager and the Chief |
---|
942 | 942 | | 933Financial Officer of the Senate shall transmit said records to House and Senate Counsel for |
---|
943 | 943 | | 934review with a recommendation as to what quotation offers the needed quality of supply or |
---|
944 | 944 | | 935service at the best value for the General Court. Upon completion of the review by the House and |
---|
945 | 945 | | 936Senate Counsels, the House Business Manager and the Chief Financial Officer of the Senate |
---|
946 | 946 | | 937shall award the contract to the responsible person whose quotation offers the needed quality of |
---|
947 | 947 | | 938supply or service and which represents the best value for the General Court. |
---|
948 | 948 | | 939(d) If the House Business Manager and the Chief Financial Officer of the Senate seek to procure |
---|
949 | 949 | | 940a supply or service from a vendor not on a statewide procurement contract valued at $100,000 or |
---|
950 | 950 | | 941more, the House Business Manager and the Chief Financial Officer of the Senate shall seek |
---|
951 | 951 | | 942proposals through a competitive bid process, which shall be established by the House and Senate |
---|
952 | 952 | | 943Counsel; provided, however, that House and Senate Counsel shall file the competitive bid |
---|
953 | 953 | | 944process with the Clerk of the House and the Clerk of the Senate no later than March 31st of the |
---|
954 | 954 | | 945first year of the session. |
---|
955 | 955 | | 946(e) The House Business Manager and the Chief Financial Officer of the Senate shall maintain a |
---|
956 | 956 | | 947file on each procurement not executed using a statewide procurement contract established by the |
---|
957 | 957 | | 948operational services division and in excess of $10,000 and shall include in such file all 46 of 62 |
---|
958 | 958 | | 949documents constituting the agreement for goods and services and all documents required by |
---|
959 | 959 | | 950subsection (c) or (d). The files maintained shall be available for inspection by members of the |
---|
960 | 960 | | 951General Court during regular business hours unless the information is otherwise protected by |
---|
961 | 961 | | 952state or federal law. |
---|
962 | 962 | | 953(f) Whenever the time required to comply with a requirement of this rule would endanger the |
---|
963 | 963 | | 954health, safety or convenience of the members, staff or visitors to the House of Representatives or |
---|
964 | 964 | | 955Senate the House Business Manager and the Senate Chief Financial Officer may make an |
---|
965 | 965 | | 956emergency procurement without satisfying the requirement of this rules; provided, however, that |
---|
966 | 966 | | 957both the House Business Manager and the Senate Chief Financial Officer certify in writing that: |
---|
967 | 967 | | 958(i) an emergency exists and explain the nature thereof; (ii) the emergency procurement is limited |
---|
968 | 968 | | 959to only supplies or services necessary to meet the emergency; (iii) shall conform to the |
---|
969 | 969 | | 960requirements of rule to the extent practicable under the circumstances; (iv) each contractor’s |
---|
970 | 970 | | 961name, (v) the amount and the type of each contract; (vi) the supplies or services provided under |
---|
971 | 971 | | 962each contract; (vii) and basis for determining the need for an emergency procurement. |
---|
972 | 972 | | 963(g) Notwithstanding subsection (a) and (d), all procurements for legal consulting services and |
---|
973 | 973 | | 964legal resources shall be handled exclusively by House and Senate Counsel in compliance with |
---|
974 | 974 | | 965the provisions of this rule. |
---|
975 | 975 | | 966(h) If, in the determination of the House Business Manager and the Chief Financial Officer of the |
---|
976 | 976 | | 967Senate, an emergency procurement of greater than $10,000 is necessary, the House Business |
---|
977 | 977 | | 968Manager and the Chief Financial Officer of the Senate may procure the goods or services |
---|
978 | 978 | | 969immediately and create and maintain a file explaining the nature of the emergency and the goods |
---|
979 | 979 | | 970or services that were procured as a result. The House Business Manager and the Chief Financial 47 of 62 |
---|
980 | 980 | | 971Officer of the Senate shall document the goods or services that were procured, the process used |
---|
981 | 981 | | 972to procure the goods or services, the vendors that were contacted and any other information |
---|
982 | 982 | | 973relevant to the procurement, and make that information available to members of the General |
---|
983 | 983 | | 974Court during regular business hours, unless the information is otherwise protected by state or |
---|
984 | 984 | | 975federal law. [Adopted Mar. 14, 2013; Amended Feb. 15, 2017; Mar. 7, 2019]. |
---|
985 | 985 | | 976 |
---|
986 | 986 | | 977INDEX TO JOINT RULES |
---|
987 | 987 | | 978OF THE TWO BRANCHES |
---|
988 | 988 | | 979[The figures refer to the numbers of rules.] |
---|
989 | 989 | | 980Accounts, audit, 34. |
---|
990 | 990 | | 981AMENDMENTS: |
---|
991 | 991 | | 982 of rules, vote required, 10, 12, 30, 33. |
---|
992 | 992 | | 983 to Constitution, procedure, 23. |
---|
993 | 993 | | 984 to engrossed Bills, 22. |
---|
994 | 994 | | 985BILLS AND RESOLVES: |
---|
995 | 995 | | 986 after passage to be engrossed, to be in charge of Clerks, etc., 17. |
---|
996 | 996 | | 987 carry over, first to second session, 12B. |
---|
997 | 997 | | 988 committee bills, 3A. 48 of 62 |
---|
998 | 998 | | 989 containing emergency preambles, procedure, 22. |
---|
999 | 999 | | 990 enacted, to be laid before the Governor by Clerk of the Senate, 20. |
---|
1000 | 1000 | | 991 for special legislation, not to be reported if object is attainable by general or existing |
---|
1001 | 1001 | | 992laws, 7. |
---|
1002 | 1002 | | 993 how to be written, 6. |
---|
1003 | 1003 | | 994 how printed, etc., 21. |
---|
1004 | 1004 | | 995 may be reported to either branch except, etc., 4. |
---|
1005 | 1005 | | 996 money, to be reported to the House, 4. |
---|
1006 | 1006 | | 997 recommittal of, 5. |
---|
1007 | 1007 | | 998 specially affecting rights of individuals or corporations, not to be reported except on |
---|
1008 | 1008 | | 999petition, etc., 8. |
---|
1009 | 1009 | | 1000Bills in the Third Reading, committee on. |
---|
1010 | 1010 | | 1001 may make non-substantive changes after bill engrossed in both branches, 22A. |
---|
1011 | 1011 | | 1002 to approve reports of conference committees, 11. |
---|
1012 | 1012 | | 1003Blank ballots not to be counted in elections, etc., 27A. |
---|
1013 | 1013 | | 1004Cities, petitions affecting, 7B, 12. |
---|
1014 | 1014 | | 1005CLERKS: |
---|
1015 | 1015 | | 1006 papers deposited late with, disposition, 12. 49 of 62 |
---|
1016 | 1016 | | 1007 papers on passage between the two branches to be under signature of, except, etc., 16. |
---|
1017 | 1017 | | 1008 papers to be deposited with, and referred to committees, 13 |
---|
1018 | 1018 | | 1009 Senate Clerk shall be Clerk of joint Convention, 24. |
---|
1019 | 1019 | | 1010 Senate Clerk shall lay enacted bills, etc., before Governor, 20. |
---|
1020 | 1020 | | 1011 shall endorse amendments or reports of committees, 15. |
---|
1021 | 1021 | | 1012 shall endorse where bill or resolve originated, 19. |
---|
1022 | 1022 | | 1013 shall have charge of bills, etc., after passage to be engrossed, etc., 17. |
---|
1023 | 1023 | | 1014 to certify bills and resolves to rightly and truly prepared for final passage, 17. |
---|
1024 | 1024 | | 1015 to notify members to assemble for special sessions, 26A. |
---|
1025 | 1025 | | 1016 to place unreported matters in the Orders of the Day when time for reporting expires, 10. |
---|
1026 | 1026 | | 1017 to submit certain petitions to State Secretary, 9. |
---|
1027 | 1027 | | 1018COMMITTEES: |
---|
1028 | 1028 | | 1019 bills specially affecting individuals or corporations not to be reported when notice, etc., 8. |
---|
1029 | 1029 | | 1020 bills reported by joint, how to be written, 6. |
---|
1030 | 1030 | | 1021 Cannabis Policy committee, 1. |
---|
1031 | 1031 | | 1022 |
---|
1032 | 1032 | | 1023 Cellular telephones, etc., prohibit, 1D. 50 of 62 |
---|
1033 | 1033 | | 1024 decorum, chairs of each committee preserve, 1D. |
---|
1034 | 1034 | | 1025 fiscal notes, 4A. |
---|
1035 | 1035 | | 1026 Export Development committee, 1. |
---|
1036 | 1036 | | 1027 form of reports, 10A. |
---|
1037 | 1037 | | 1028 if report is amended in either branch, to be endorsed by Clerk, 15. |
---|
1038 | 1038 | | 1029 Health Care Financing |
---|
1039 | 1039 | | 1030 deadline for reporting, 10. |
---|
1040 | 1040 | | 1031 reports not to be read prior to reference to, 1E. |
---|
1041 | 1041 | | 1032 limit of time for reports, etc., 10, 30. |
---|
1042 | 1042 | | 1033 limit number of bills to be heard, 1D. |
---|
1043 | 1043 | | 1034 members of Legislature not to act as counsel before, 2. |
---|
1044 | 1044 | | 1035 motions and orders extending time within which, may report, to be referred to |
---|
1045 | 1045 | | 1036committees on Rules, 30. |
---|
1046 | 1046 | | 1037 not to sit during recess of General Court unless authorized by the two branches, 3. |
---|
1047 | 1047 | | 1038 notice of hearings, 1D. |
---|
1048 | 1048 | | 1039 of conference, 1A, 11, 11A, 11B. |
---|
1049 | 1049 | | 1040 on Rules to regulate distribution of documents, 21. |
---|
1050 | 1050 | | 1041 open meetings, 1A, 1D. 51 of 62 |
---|
1051 | 1051 | | 1042 orders authorizing joint, to travel or employ stenographers, to be referred to committees |
---|
1052 | 1052 | | 1043on Rules, 29. |
---|
1053 | 1053 | | 1044 executive sessions, 1D, |
---|
1054 | 1054 | | 1045 oversight activities and Internet posting, 1. |
---|
1055 | 1055 | | 1046 posters, etc. prohibit, 1D. |
---|
1056 | 1056 | | 1047 proposals for amendments to the Constitution, reports of, on, 23. |
---|
1057 | 1057 | | 1048 public hearings, 1B. |
---|
1058 | 1058 | | 1049 public testimony, physical address and e-mail, 1D. |
---|
1059 | 1059 | | 1050 recording of meetings of, 1D. |
---|
1060 | 1060 | | 1051 report of, without being founded upon petition, 3A. |
---|
1061 | 1061 | | 1052 reports of, recommittal of, 5. |
---|
1062 | 1062 | | 1053 reports of, 4, 10. |
---|
1063 | 1063 | | 1054 reports of, subsequently referred to a joint committee (except for Health Care Financing), |
---|
1064 | 1064 | | 1055to be reported to branch in which original report was made, 4. |
---|
1065 | 1065 | | 1056 reports of, may be made to either branch, except, etc., 4. |
---|
1066 | 1066 | | 1057 roll call votes, 4. |
---|
1067 | 1067 | | 1058 rules of procedure and Internet posting, 1. |
---|
1068 | 1068 | | 1059 schedule of hearings, 1C, 1D. 52 of 62 |
---|
1069 | 1069 | | 1060 special legislation to be reported against, if purpose can be secured by general or existing |
---|
1070 | 1070 | | 1061law, 7. |
---|
1071 | 1071 | | 1062 standing, appointment, number of members, etc., 1. |
---|
1072 | 1072 | | 1063 Summaries of bills, etc., prior to executive sessions, 1D. |
---|
1073 | 1073 | | 1064 testimony before, physical addresses and e-mail, 1D. |
---|
1074 | 1074 | | 1065 to report money bills to House, 4. |
---|
1075 | 1075 | | 1066 to report adversely on petitions not advertised according to law, etc., 9. |
---|
1076 | 1076 | | 1067 travel of, 3. |
---|
1077 | 1077 | | 1068 visual aides, posters, etc., prohibit, 1D. |
---|
1078 | 1078 | | 1069 written statement of intent, 13. |
---|
1079 | 1079 | | 1070CONFERENCE, COMMITTEES OF, 1A, 11, 11A, 11B, 11C, 11D, 11E. |
---|
1080 | 1080 | | 1071 addendum procedures, 11E. |
---|
1081 | 1081 | | 1072 appropriation bills, 11A. |
---|
1082 | 1082 | | 1073 availability, etc., 11B. |
---|
1083 | 1083 | | 1074 committee on Bills in the Third Reading approval, etc., 11. |
---|
1084 | 1084 | | 1075 conference to consist of 3 members, 11. |
---|
1085 | 1085 | | 1076 errata procedures, 11E. |
---|
1086 | 1086 | | 1077 internet posting, 11D. 53 of 62 |
---|
1087 | 1087 | | 1078 may be accepted or rejected, 11. |
---|
1088 | 1088 | | 1079 minority party members, 11. |
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1089 | 1089 | | 1080 open to the public, except, 1A. |
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1090 | 1090 | | 1081 shall be made to the branch in which the matter was introduced, 4. |
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1091 | 1091 | | 1082 summary to be filed with the clerk, 11C. |
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1092 | 1092 | | 1083 |
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1093 | 1093 | | 1084Constitution, amendments to, procedure relative to, 23. |
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1094 | 1094 | | 1085CONVENTIONS OF BOTH BRANCHES: |
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1095 | 1095 | | 1086 agreement to go into Convention shall not be altered except by concurrent vote, 25. |
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1096 | 1096 | | 1087 Clerk of Senate to be Clerk; record to be made in journals of both branches, 24. |
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1097 | 1097 | | 1088 held in Representatives' Chamber, 24. |
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1098 | 1098 | | 1089 no business to be transacted except that before agreed upon, 26. |
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1099 | 1099 | | 1090 President of Senate shall preside, 24. |
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1100 | 1100 | | 1091Corporations, legislation affecting, 8, 9. |
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1101 | 1101 | | 1092Counsel, no member shall act as, before committees, 2. |
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1102 | 1102 | | 1093Counsels to Senate and House, 1. |
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1103 | 1103 | | 1094Counties, certain petitions to require approval of county commissioners, 7A, 7B. 54 of 62 |
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1104 | 1104 | | 1095Documents, distribution, printing and publishing, etc., 21. |
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1105 | 1105 | | 1096Elections by joint ballot, to be assigned one day previous, 27. |
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1106 | 1106 | | 1097 blank ballots not to be counted, etc., 27A. |
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1107 | 1107 | | 1098Emergency laws, 16, 17, 22. |
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1108 | 1108 | | 1099Employee handbook, 1. |
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1109 | 1109 | | 1100Engrossed bills |
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1110 | 1110 | | 1101 amendments to, 22. |
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1111 | 1111 | | 1102 in charge of Clerks; to be prepared for final passage and certified by Clerks, 17. |
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1112 | 1112 | | 1103Evidence, printing of extended reports, 21. |
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1113 | 1113 | | 1104Executive reorganization plans, 23A. |
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1114 | 1114 | | 1105Fiscal notes, 4A. |
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1115 | 1115 | | 1106General law to be preferred to special legislation, 7. |
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1116 | 1116 | | 1107GOVERNOR: |
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1117 | 1117 | | 1108 executive reorganization plans, 23A. |
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1118 | 1118 | | 1109 may submit recommendations during special sessions, 12. |
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1119 | 1119 | | 1110 papers requiring approval of, to be submitted to, by Clerk of the Senate, 20. |
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1120 | 1120 | | 1111 recommendations of, for amendments to the Constitution, 23. 55 of 62 |
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1121 | 1121 | | 1112Home rule legislation, 7B, 12. |
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1122 | 1122 | | 1113Human Resources offices, Senate and House, employee handbook, 1. |
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1123 | 1123 | | 1114Individuals, legislation affecting, 8. |
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1124 | 1124 | | 1115Information, motions and orders for joint adoption providing that, be transmitted to the General |
---|
1125 | 1125 | | 1116Court, 29. |
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1126 | 1126 | | 1117Intent statement, petitioners and committees. 13. |
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1127 | 1127 | | 1118Internet, posting of certain information on, 1. |
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1128 | 1128 | | 1119Investigations, propositions involving special, to be referred to committees on Rules, acting |
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1129 | 1129 | | 1120concurrently, 29. |
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1130 | 1130 | | 1121Joint conventions and joint sessions of the two houses, 23-26. |
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1131 | 1131 | | 1122Joint petitions, 6A. |
---|
1132 | 1132 | | 1123JOURNALS OF THE SENATE AND HOUSE OF REPRESENTATIVES: |
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1133 | 1133 | | 1124 papers deposited to be entered in, 13. |
---|
1134 | 1134 | | 1125 proceedings of joint conventions to be recorded in, 24. |
---|
1135 | 1135 | | 1126 record of date bills laid before Governor, 20. |
---|
1136 | 1136 | | 1127LEGISLATION: |
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1137 | 1137 | | 1128 affecting rights of individuals or corporations, must be introduced by petition, 8. |
---|
1138 | 1138 | | 1129 intent statements, petitioners, 13. 56 of 62 |
---|
1139 | 1139 | | 1130 subjects of, to be deposited with Clerks, 12, 13. |
---|
1140 | 1140 | | 1131 Legislative accounts, audits, 34. |
---|
1141 | 1141 | | 1132 Legislative sessions, limit, 12A. |
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1142 | 1142 | | 1133LIMITS OF TIME: |
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1143 | 1143 | | 1134 for filing statements calling for special sessions during recess, 26A. |
---|
1144 | 1144 | | 1135 for holding of joint session for consideration of Amendments to the Constitution, 23. |
---|
1145 | 1145 | | 1136 for introduction of new business, 12. |
---|
1146 | 1146 | | 1137 for legislative sessions, first and second year of General Court, 12A. |
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1147 | 1147 | | 1138 for reports, 10, 30. |
---|
1148 | 1148 | | 1139 for transmission of list of legislative reporters, 32. |
---|
1149 | 1149 | | 1140LOCAL APPROVAL |
---|
1150 | 1150 | | 1141 compliance subsequent to filing, 7B. |
---|
1151 | 1151 | | 1142 substantive amendments to filed with House and Senate counsels, 7D. |
---|
1152 | 1152 | | 1143 valid until end of next biennial session, 7C. |
---|
1153 | 1153 | | 1144MEMBERS: |
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1154 | 1154 | | 1145 majority may assemble in special session, 26A. |
---|
1155 | 1155 | | 1146 not to act as counsel before committees, 2. 57 of 62 |
---|
1156 | 1156 | | 1147 not to purchase stock or other securities of corporations or associations when legislation |
---|
1157 | 1157 | | 1148affecting such corporations or associations is pending, 2A. |
---|
1158 | 1158 | | 1149 not to solicit employment for themselves or others, 31. |
---|
1159 | 1159 | | 1150 written statement of intent of legislation, 13. |
---|
1160 | 1160 | | 1151Memorials contemplating legislation deposited with Clerks late, disposition, 12. |
---|
1161 | 1161 | | 1152Messages between the two branches, 16. |
---|
1162 | 1162 | | 1153Motions, certain, to be referred to the committee on Rules, 29, 30. |
---|
1163 | 1163 | | 1154New business, limit of time allowed for, 12. |
---|
1164 | 1164 | | 1155Notice of legislation specially affecting the rights of individuals or corporation to be given, 8. |
---|
1165 | 1165 | | 1156Orders, certain, to be referred to the committees on Rules, 29, 30. |
---|
1166 | 1166 | | 1157Orders of the Day, unreported matters to be placed in, by Clerks, 10. |
---|
1167 | 1167 | | 1158PAPERS: |
---|
1168 | 1168 | | 1159 certain, to be printed in advance, 13. |
---|
1169 | 1169 | | 1160 on passage between the two branches to be under Clerks' signatures, except, etc., 16. |
---|
1170 | 1170 | | 1161 reading may be dispensed with, 13. |
---|
1171 | 1171 | | 1162 requiring approval of Governor to be laid before him by Clerk of the Senate, 20. |
---|
1172 | 1172 | | 1163 to be deposited with Clerks, etc., 13. |
---|
1173 | 1173 | | 1164 written statements of intent, 13. 58 of 62 |
---|
1174 | 1174 | | 1165PETITIONS. |
---|
1175 | 1175 | | 1166 adverse reports on, to be made to branch in which introduced, 4. |
---|
1176 | 1176 | | 1167 deposited with Clerks subsequently to last hour for filing, to be referred to the |
---|
1177 | 1177 | | 1168committees on Rules of the two branches, acting concurrently, 12. |
---|
1178 | 1178 | | 1169 for amendments to Constitution, 23. |
---|
1179 | 1179 | | 1170 for legislation affecting a particular city or town, 7B, 12. |
---|
1180 | 1180 | | 1171 for the establishment or revival, or for the amendment, alteration or extension of the |
---|
1181 | 1181 | | 1172charter or corporate powers or privileges, or for the change of name, of any corporation (except a |
---|
1182 | 1182 | | 1173public service corporation) to be transmitted to State Secretary, etc., 9. |
---|
1183 | 1183 | | 1174 for the incorporation of a city or town, for the annexation, consolidation or division of |
---|
1184 | 1184 | | 1175municipalities, for the incorporation, revival, amendment of corporate powers or change of name |
---|
1185 | 1185 | | 1176of public service corporations, for authority to take water for water supply, or relative to building |
---|
1186 | 1186 | | 1177structures in or over navigable or tide waters, to be placed on file, unless, etc., 9. |
---|
1187 | 1187 | | 1178 intent statements, 13. |
---|
1188 | 1188 | | 1179 that a county be authorized to retire or pension or grant an annuity, or to pay any accrued |
---|
1189 | 1189 | | 1180salary or claim for damages, or to alter any county or municipal retirement law, or to reinstate |
---|
1190 | 1190 | | 1181former employees, to be reported adversely, unless, etc., 7A. |
---|
1191 | 1191 | | 1182 to be admitted during special sessions, 26A. |
---|
1192 | 1192 | | 1183 to be deposited with Clerks and referred to committees, 13. 59 of 62 |
---|
1193 | 1193 | | 1184Placed on file, 10A, 12. |
---|
1194 | 1194 | | 1185Preambles, emergency, vote on, 22. |
---|
1195 | 1195 | | 1186Procurement contracts , 36. |
---|
1196 | 1196 | | 1187PRESIDENT OF THE SENATE: |
---|
1197 | 1197 | | 1188 approval of facilities used by legislative reporters, 32. |
---|
1198 | 1198 | | 1189 to approve references to committees, 13. |
---|
1199 | 1199 | | 1190 to preside in joint session, 24. |
---|
1200 | 1200 | | 1191Printing, how ordered, provided, etc., 13, 21. |
---|
1201 | 1201 | | 1192Public service corporations, penalty for members soliciting position within control of, 31. |
---|
1202 | 1202 | | 1193Publishing of documents, how ordered, provided, etc., 21. |
---|
1203 | 1203 | | 1194Reading of papers, may be dispensed, 13. |
---|
1204 | 1204 | | 1195Recess committees, 3. |
---|
1205 | 1205 | | 1196Recommitment of reports, bills and resolves, 5. |
---|
1206 | 1206 | | 1197Reporters, use of rooms and facilities assigned to, to be under control of State House Press |
---|
1207 | 1207 | | 1198Association, etc., 32. |
---|
1208 | 1208 | | 1199Reports made to Legislature not to be referred to the committees on Rules of the two branches, |
---|
1209 | 1209 | | 1200acting concurrently, under the rule, 12. |
---|
1210 | 1210 | | 1201 number to be published, 21. 60 of 62 |
---|
1211 | 1211 | | 1202Reports of committees. See Committees. |
---|
1212 | 1212 | | 1203 form of, 10A. |
---|
1213 | 1213 | | 1204Recision of rules, vote required, 10, 12, 30, 33. |
---|
1214 | 1214 | | 1205Resolutions, certain, deposited with Clerks late, disposition, 12. |
---|
1215 | 1215 | | 1206Resolves: See Bills and Resolves. |
---|
1216 | 1216 | | 1207RULES, COMMITTEE ON: |
---|
1217 | 1217 | | 1208 authority to prescribe manner and form of keeping dockets of legislative counsel and |
---|
1218 | 1218 | | 1209agents, 14. |
---|
1219 | 1219 | | 1210 certain motions and orders to be referred to, 29, 30. |
---|
1220 | 1220 | | 1211 formal sessions, establish schedule, 1. |
---|
1221 | 1221 | | 1212 limit of time for reports, 10, 30. |
---|
1222 | 1222 | | 1213 may make regulations for distribution of documents, 21. |
---|
1223 | 1223 | | 1214 may suggest measures to facilitate business, 1. |
---|
1224 | 1224 | | 1215 recommend rules changes, every four years, 35. |
---|
1225 | 1225 | | 1216 rooms and facilities assigned to reporters subject to approval of, 32. |
---|
1226 | 1226 | | 1217SECRETARY OF THE COMMONWEALTH: |
---|
1227 | 1227 | | 1218 legislation affecting corporations, 9. |
---|
1228 | 1228 | | 1219SERGEANT-AT-ARMS: 61 of 62 |
---|
1229 | 1229 | | 1220 duties relative to travel of committees, 3. |
---|
1230 | 1230 | | 1221 to receive list of legislative reporters, 32. |
---|
1231 | 1231 | | 1222SPEAKER OF THE HOUSE OF REPRESENTATIVES: |
---|
1232 | 1232 | | 1223 approval of facilities used by legislative reporters, 32. |
---|
1233 | 1233 | | 1224 to approve references to committees, 13. |
---|
1234 | 1234 | | 1225Special commissions or task forces, transparency, etc., 29A. |
---|
1235 | 1235 | | 1226SPECIAL LEGISLATION: |
---|
1236 | 1236 | | 1227affecting individuals or corporations, must be based on petition, 8. |
---|
1237 | 1237 | | 1228 affecting particular cities and towns, 7B, 12. |
---|
1238 | 1238 | | 1229 not to be granted if object is attainable under general or existing laws, 7. |
---|
1239 | 1239 | | 1230SPECIAL SESSIONS: |
---|
1240 | 1240 | | 1231 matters to be considered at, 12. |
---|
1241 | 1241 | | 1232 method of assembling, 26A. |
---|
1242 | 1242 | | 1233Standing committees, appointment and number, 1. |
---|
1243 | 1243 | | 1234State House Press Association, legislative reporters, 32. |
---|
1244 | 1244 | | 1235Stenographers, motions or orders authorizing committees to employ, to be referred to committees |
---|
1245 | 1245 | | 1236on Rules, 29. |
---|
1246 | 1246 | | 1237Suspension of rules, vote required, 10, 12, 30, 33. 62 of 62 |
---|
1247 | 1247 | | 1238Task forces and commissions, transparency, etc., 29A. |
---|
1248 | 1248 | | 1239Towns, petitions affecting, 7B, 12. |
---|
1249 | 1249 | | 1240Travel and traveling expenses of committees, 3, 29. |
---|
1250 | 1250 | | 1241Ways and Means, committee on, matters referred to either may be |
---|