1 | 1 | | 1 |
---|
2 | 2 | | SENATE . . . . . . . . . . . . . . . . No. 18 |
---|
3 | 3 | | Senate, February 2, 2023 -- Text of the proposed Joint Rules recommended by the Temporary |
---|
4 | 4 | | Committee on Rules to be adopted as the Joint Rules governing the 2023-2024 legislative |
---|
5 | 5 | | session. |
---|
6 | 6 | | The Commonwealth of Massachusetts |
---|
7 | 7 | | _______________ |
---|
8 | 8 | | In the One Hundred and Ninety-Third General Court |
---|
9 | 9 | | (2023-2024) |
---|
10 | 10 | | _______________ |
---|
11 | 11 | | JOINT RULES OF THE SENATE |
---|
12 | 12 | | AND |
---|
13 | 13 | | HOUSE OF REPRESENTATIVES |
---|
14 | 14 | | [The dates under each rule indicate when the rule and its amendments were adopted.] |
---|
15 | 15 | | Committees. |
---|
16 | 16 | | 1. Joint standing committees shall be appointed at the beginning of the biennial session as |
---|
17 | 17 | | follows:- |
---|
18 | 18 | | A committee on Advanced Information Technology, the Internet and Cybersecurity; |
---|
19 | 19 | | A committee on Agriculture; |
---|
20 | 20 | | A committee on Bonding, Capital Expenditures and State Assets |
---|
21 | 21 | | A committee on Cannabis Policy; |
---|
22 | 22 | | A committee on Children, Families and Persons With Disabilities; |
---|
23 | 23 | | A committee on Community Development and Small Businesses; |
---|
24 | 24 | | A committee on Consumer Protection and Professional Licensure; |
---|
25 | 25 | | A committee on Emergency Preparedness and Management; |
---|
26 | 26 | | A committee on Economic Development and Emerging Technologies; |
---|
27 | 27 | | A committee on Education; |
---|
28 | 28 | | A committee on Elder Affairs; |
---|
29 | 29 | | A committee on Election Laws; 2 |
---|
30 | 30 | | A committee on Environment and Natural Resources; |
---|
31 | 31 | | A committee on Financial Services; |
---|
32 | 32 | | A committee on Health Care Financing; |
---|
33 | 33 | | A committee on Higher Education; |
---|
34 | 34 | | A committee on Housing; |
---|
35 | 35 | | A committee on the Judiciary; |
---|
36 | 36 | | A committee on Labor and Workforce Development; |
---|
37 | 37 | | A committee on Mental Health, Substance Use and Recovery; |
---|
38 | 38 | | A committee on Municipalities and Regional Government; |
---|
39 | 39 | | A committee on Public Health; |
---|
40 | 40 | | A committee on Public Safety and Homeland Security; |
---|
41 | 41 | | A committee on Public Service; |
---|
42 | 42 | | A committee on Racial Equity, Civil Rights and Inclusion; |
---|
43 | 43 | | A committee on Revenue; |
---|
44 | 44 | | A committee on State Administration and Regulatory Oversight; |
---|
45 | 45 | | A committee on Telecommunications, Utilities and Energy; |
---|
46 | 46 | | A committee on Tourism, Arts and Cultural Development; |
---|
47 | 47 | | A committee on Transportation; and |
---|
48 | 48 | | A committee on Veterans and Federal Affairs. |
---|
49 | 49 | | Each to consist of 6 members of the Senate, and 11 on the part of the House except the |
---|
50 | 50 | | committees on Bonding, Capital Expenditures and State Assets, Economic Development and |
---|
51 | 51 | | Emerging Technologies, Public Safety and Homeland Security, Mental Health, Substance Use |
---|
52 | 52 | | and Recovery, Health Care Financing and Transportation which shall consist of 7 members of |
---|
53 | 53 | | the Senate and 13 of the House. |
---|
54 | 54 | | Within 4 weeks of the appointment of joint standing committees in the first annual session of the |
---|
55 | 55 | | General Court, each joint standing committee shall adopt rules of procedure regarding its |
---|
56 | 56 | | conduct. Said rules of procedure, together with any amendments, shall be filed with the Clerk of |
---|
57 | 57 | | the Senate and the Clerk of the House and shall be available to the public and members of the |
---|
58 | 58 | | General Court on the official website for the General Court. |
---|
59 | 59 | | Except as provided by Joint Rule 1E or 1F, each matter shall be referred only to 1 joint |
---|
60 | 60 | | committee for consideration and all reports of matters by joint committees shall be made to the |
---|
61 | 61 | | House or the Senate, under Joint Rule 4, not to another joint committee. The committee to which 3 |
---|
62 | 62 | | a matter is initially referred may discharge the matter to another committee with jurisdiction over |
---|
63 | 63 | | the matter. |
---|
64 | 64 | | Matters referred by either the Senate or the House to its committee on Ways and Means shall be |
---|
65 | 65 | | considered by the respective committees of the 2 branches, acting as a joint committee, when, in |
---|
66 | 66 | | the judgment of the chairs of the respective committees of the 2 branches, the interests of |
---|
67 | 67 | | legislation or the expedition of business will be better served by such joint consideration. Matters |
---|
68 | 68 | | may also be referred to the committees on Ways and Means, of the 2 branches, as a joint |
---|
69 | 69 | | committee. |
---|
70 | 70 | | The committees on Rules, together with the presiding officers of the 2 branches, acting |
---|
71 | 71 | | concurrently, may consider and suggest such measures as shall, in their judgment, tend to |
---|
72 | 72 | | facilitate the business of the session and a majority vote of the 2 branches shall be required to |
---|
73 | 73 | | approve such recommendations. |
---|
74 | 74 | | In order to assist the House and the Senate in their: (1) consideration and enactment of new |
---|
75 | 75 | | legislation and modifications of existing laws, when either are deemed to be appropriate; (2) |
---|
76 | 76 | | evaluation of the effectiveness and administration of laws and programs previously enacted; and |
---|
77 | 77 | | (3) appraisal of the conditions and circumstances which may indicate the desirability of enacting |
---|
78 | 78 | | new legislation, the various joint committees shall have the following oversight responsibilities: |
---|
79 | 79 | | (i) each joint committee shall review and study, on a continuing basis, the implementation, |
---|
80 | 80 | | administration, execution and effectiveness of those laws, or parts of law, the subject matter of |
---|
81 | 81 | | which is within the jurisdiction of that committee, the administrative regulations adopted to |
---|
82 | 82 | | implement those laws, and those state agencies or entities having responsibilities for the |
---|
83 | 83 | | administration and execution of such laws; |
---|
84 | 84 | | (ii) in carrying out these review and study activities, each committee shall determine whether |
---|
85 | 85 | | such laws, administrative regulations and programs under those laws are being implemented in |
---|
86 | 86 | | accordance with the intent of the General Court and whether such laws, administrative |
---|
87 | 87 | | regulations and programs should be continued, curtailed or eliminated; |
---|
88 | 88 | | (iii) each committee shall also review and study any conditions and circumstances which may |
---|
89 | 89 | | indicate the necessity or desirability of enacting new legislation within the jurisdiction of that |
---|
90 | 90 | | committee, regardless of whether any matter has been introduced on that subject, and shall, on a |
---|
91 | 91 | | continuing basis, undertake research on matters within the jurisdiction of that committee. 4 |
---|
92 | 92 | | Committees shall coordinate oversight activities, under the direction of the presiding officers of |
---|
93 | 93 | | both branches, to achieve the maximum objectives of clauses (i), (ii) and (iii). |
---|
94 | 94 | | Each committee may, upon completion of its oversight hearings, report to the General Court the |
---|
95 | 95 | | results of its findings and recommendations together with accompanying corrective legislation, if |
---|
96 | 96 | | any, by filing the same with the Clerk of the House of Representatives or the Clerk of the Senate. |
---|
97 | 97 | | Copies of such reports shall be, whenever practicable, made available to all members |
---|
98 | 98 | | electronically and to the public via the Internet. The disposition of said reports shall be |
---|
99 | 99 | | determined by the Clerks with the approval of the Speaker and the President. |
---|
100 | 100 | | The Senate and House chairs of a joint committee may appoint subcommittees to investigate and |
---|
101 | 101 | | study any matter referred to said subcommittee. Any subcommittee so established shall be co- |
---|
102 | 102 | | chaired by a majority member of the Senate and a majority member of the House who are |
---|
103 | 103 | | members of the joint standing committee appointing the subcommittee. The composition of the |
---|
104 | 104 | | subcommittee shall be proportional to the composition of the appointing joint committee; |
---|
105 | 105 | | provided, however, that not less than 10 per cent of the subcommittee’s members shall be from |
---|
106 | 106 | | the minority party. Chairs of subcommittees shall not be considered chairs under section 9B of |
---|
107 | 107 | | chapter 3 of the General Laws. A subcommittee may, upon completion of an investigation and |
---|
108 | 108 | | study, report the results of the investigation and study together with legislation, if any, by filing |
---|
109 | 109 | | the same with the Senate and House chairs of the appointing joint committee. |
---|
110 | 110 | | Temporary employees of the general court assigned to a joint committee who are students at an |
---|
111 | 111 | | accredited education institution or employees or grantees of other non-profit organizations under |
---|
112 | 112 | | section 501 (c) (3) of the Internal Revenue Code may receive compensation from such |
---|
113 | 113 | | organization, according to that organization's regular program of providing such compensation |
---|
114 | 114 | | for temporary governmental or public service employment. A temporary employee's Senate or |
---|
115 | 115 | | House supervisor shall establish the employee's total compensation, shall verify that the sum of |
---|
116 | 116 | | the employee's state compensation, if any, and that any outside compensation the employee is to |
---|
117 | 117 | | receive under this rule would not exceed this total compensation, and shall file the written terms |
---|
118 | 118 | | of the employee's compensation with the Senate or House Human Resources Office, where it |
---|
119 | 119 | | shall be available for public inspection. The temporary employee shall sign a confidentiality and |
---|
120 | 120 | | ethics agreement provided by the Senate or House Human Resources Office. |
---|
121 | 121 | | The Senate and House Offices of Human Resources shall publish an employee handbook for |
---|
122 | 122 | | joint employees of both branches of the general court. The handbook shall be developed with 5 |
---|
123 | 123 | | the advice and approval of both the Counsel to the Senate and the Counsel to the House. The |
---|
124 | 124 | | handbook shall address access by joint employees to the human resource related services and |
---|
125 | 125 | | programs of each branch of the general court. Joint employees shall complete any training |
---|
126 | 126 | | required by either branch of the general court, as may be agreed upon by the Senate and House |
---|
127 | 127 | | Offices of Human Resources. [Amended Jan. 6, 18 82; Jan. 5, 18 83; Jan. 7, 18 84; Jan. 8 and 26, 1885; Jan. 8, 18 86; |
---|
128 | 128 | | Jan. 12, 18 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. 7, 18 93; Jan. 8. 1894; |
---|
129 | 129 | | Jan. 7, 18 95; Jan. 7, 18 96; Jan. 11, 18 97; Jan. 10, 18 98; Jan. 9, 18 99; Jan. 22 and 29, 1901; Jan. 6, 19 02; Jan. 9, 19 03; Jan. 8, |
---|
130 | 130 | | 19 04; Jan. 6, 19 05; Jan. 4, 19 07; Jan. 5, 19 10; Jan. 4, 19 11; Jan. 1, 19 13; Jan. 12, 19 14; Jan. 2, 19 18; Jan. 1 and 8 and Feb. |
---|
131 | 131 | | 21, 1919; Jan. 7, 19 20; Jan. 5, 19 21; April 17 and 30, 1925; Jan. 5, 19 27; Jan. 7, 19 31; Jan. 6, 19 37; Jan. 4, 19 39; Jan. 1, 19 |
---|
132 | 132 | | 41; Jan. 3, 19 45; Jan. 2, 19 46; Jan. 6, 19 47; Feb. 1, 19 49; Jan. 7, 19 53; Jan. 7, 19 59; Jan. 30, 19 61; Jan. 7, 19 63; Jan. 12, 19 |
---|
133 | 133 | | 65; Feb. 24, 19 65; Mar. 10, 19 66; Jan. 30, 19 67; Jan. 7, 1971 ; July 23, 1974 ; Sept. 30 and Oct. 12, 1976 ; Nov. 3, 1981 ; Dec. |
---|
134 | 134 | | 21, 1981 ; Mar. 15, 1982 ; Oct. 3, 1983 ; June 3, 1985 ; Jan. 25 and Mar. 14, 1988 ; Mar. 27, 1995 , June 12, 1995 ; July 17, 2003 |
---|
135 | 135 | | ; Jan. 26, 2005; July 21 and September 20, 2005; Feb. 20, 2007; Feb 12, 2009; Feb. 15, 2017; Mar 7, 2019; Mar. 25, 2021.] |
---|
136 | 136 | | 1A. All meetings of joint committees acting concurrently, Senate and House standing |
---|
137 | 137 | | committees, special committees of the Senate and House of Representatives, and joint special |
---|
138 | 138 | | committees and committees of conference on the disagreeing votes of the 2 branches shall be |
---|
139 | 139 | | open to the public, unless a majority shall vote otherwise. [Adopted July 17, 1973. Amended July 18, 1974; |
---|
140 | 140 | | Feb. 12, 2009.] |
---|
141 | 141 | | 1B. A joint standing committee shall hold a public hearing on each matter referred to it in each |
---|
142 | 142 | | legislative session. [Adopted June 3, 1985; Amended Feb. 12, 2009.] |
---|
143 | 143 | | 1C. All joint standing committees shall schedule committee hearings, polls, and executive |
---|
144 | 144 | | sessions upon agreement of the chairs and so as not to conflict, to the extent feasible, with the |
---|
145 | 145 | | schedules of other committees and, to the extent feasible, the day of the week and times during |
---|
146 | 146 | | that day set aside for formal sessions by the respective branches from the first Wednesday in |
---|
147 | 147 | | January through the fourth Wednesday of April in the first annual session. |
---|
148 | 148 | | Hearings shall, to the extent feasible, be made available on a platform that permits remote public |
---|
149 | 149 | | participation from outside the hearing room through audio or video technology; provided, |
---|
150 | 150 | | however, the chairs may by agreement waive this requirement for technological, operational or |
---|
151 | 151 | | logistical reasons. Chairs shall schedule hearings that offer remote participation through |
---|
152 | 152 | | Legislative Information Services and the Sergeant-at-Arms. Members of the committee may |
---|
153 | 153 | | participate remotely and shall have the same privileges, rights and responsibilities as if the |
---|
154 | 154 | | member were physically present at the hearing location, and other members may offer remote |
---|
155 | 155 | | testimony before committees of which they are not a member. The agenda for such a hearing |
---|
156 | 156 | | shall specify how members of the public may access, monitor and participate in the remote 6 |
---|
157 | 157 | | aspect of the meeting. Nothing contained herein shall limit the ability of a committee to meet in |
---|
158 | 158 | | executive session, prevent disruption or maintain decorum during the hearing. Committees may |
---|
159 | 159 | | adopt rules to govern the orderly and efficient operation of such hearings. |
---|
160 | 160 | | [Adopted June 3, 1985; Amended June 12, 1995; Mar. 7, 2019.] |
---|
161 | 161 | | 1D. All meetings of joint standing committees, and special joint committees of the Senate and |
---|
162 | 162 | | House of Representatives, shall be open to the public, and any person shall be permitted to attend |
---|
163 | 163 | | any such meeting unless such committee convenes in executive session, as provided herein. All |
---|
164 | 164 | | joint standing committees shall determine a schedule for committee hearings to be held from the |
---|
165 | 165 | | beginning of the first annual session through the fourth Wednesday in June in said session. These |
---|
166 | 166 | | committee schedules shall be submitted to the Clerk of the House who shall cause them to be |
---|
167 | 167 | | published on the official website for the General Court. Establishment of such schedules shall |
---|
168 | 168 | | not preclude joint standing committees from scheduling additional hearings or meetings as |
---|
169 | 169 | | needed. No executive session shall be held except upon extraordinary circumstances and only |
---|
170 | 170 | | after the committee has first convened in an open session for which notice has been given, the |
---|
171 | 171 | | presiding officer has stated the purpose of the executive session, a majority of the committee |
---|
172 | 172 | | members present has voted to go into executive session, the vote of each member has been |
---|
173 | 173 | | recorded on a roll call vote, and the presiding officer has stated before the executive session if |
---|
174 | 174 | | the committee will reconvene after the executive session. The records of all such roll calls shall |
---|
175 | 175 | | be kept in the offices of the committee for the duration of the General Court during which said |
---|
176 | 176 | | vote was recorded, and shall be available for public inspection upon reasonable notice and during |
---|
177 | 177 | | regular office hours. |
---|
178 | 178 | | Committees shall provide to members of the committee either the text or comprehensive |
---|
179 | 179 | | summaries of the bills or other forms of legislative matters prior to the beginning of an executive |
---|
180 | 180 | | session or poll. Any recorded votes on a favorable or adverse report on an individual bill, taken |
---|
181 | 181 | | by roll call or electronic poll of each member, shall be posted on the website of the General |
---|
182 | 182 | | Court. All joint standing committees, and special joint committees of the Senate and House of |
---|
183 | 183 | | Representatives, shall notify the Sergeant-at-Arms of the time, place and agenda of all public |
---|
184 | 184 | | hearings and executive sessions not less than 5 days prior to the time of such meetings. If public |
---|
185 | 185 | | testimony is being solicited, agendas shall include an electronic mail address and physical mail |
---|
186 | 186 | | address for the submission of testimony and shall inform the public that testimony received may |
---|
187 | 187 | | be made publicly available. The Sergeant-at-Arms shall notify the clerk, who shall inform all 7 |
---|
188 | 188 | | members electronically and publish such information on the official website of the General Court |
---|
189 | 189 | | whenever practicable. |
---|
190 | 190 | | Any such public testimony received by the committee that is readily capable of being reproduced |
---|
191 | 191 | | shall be made available to the public upon request; provided, however, that the committee may |
---|
192 | 192 | | redact such public testimony that includes sensitive personal information or information that may |
---|
193 | 193 | | jeopardize the health, wellness or safety of an individual. If expert testimony is being solicited |
---|
194 | 194 | | by the committee, the committee shall make reasonable efforts to promote the diversity of expert |
---|
195 | 195 | | witness panels. |
---|
196 | 196 | | Nothing contained in this rule shall prohibit a joint standing committee or special joint |
---|
197 | 197 | | committee of the Senate and the House of Representatives from taking appropriate action |
---|
198 | 198 | | including, but not limited to, the exclusion of a person from a committee meeting in order to |
---|
199 | 199 | | prevent the disruption of or interference with committee proceedings. All meetings of joint |
---|
200 | 200 | | standing committees, and special joint committees of the Senate and House of Representatives, |
---|
201 | 201 | | shall be limited to no more than 50 bills to be discussed in a hearing, unless it can be determined |
---|
202 | 202 | | that all of the bills being considered are of the same subject matter. |
---|
203 | 203 | | The 5 day requirement shall be suspended in an emergency only after all reasonable efforts have |
---|
204 | 204 | | been made to contact all committee members and upon a recorded vote of at least a majority of |
---|
205 | 205 | | the members of each branch appointed to the committee, but not less than two-thirds of the |
---|
206 | 206 | | members of each branch voting. |
---|
207 | 207 | | A meeting of a committee may be recorded by a person in attendance by means of a recorder or |
---|
208 | 208 | | any other means of audio/visual reproduction except when a meeting is held in executive session; |
---|
209 | 209 | | provided, that a person seeking to record a meeting of a committee notifies the Chairs of the |
---|
210 | 210 | | committee prior to commencing such recording; and provided further that during such recording |
---|
211 | 211 | | there is no interference with the conduct of the meeting. |
---|
212 | 212 | | The Chairs of each committee shall preserve decorum and order during each committee hearing. |
---|
213 | 213 | | Persons attending hearings shall be required to refrain from the use of cellular telephones, |
---|
214 | 214 | | beepers and pagers. The use of visual aids including, without limitation, posters, displays, or |
---|
215 | 215 | | charts shall be permitted only upon approval of the Chairs. Joint Committees may receive |
---|
216 | 216 | | testimony from public officials out of the regular order of participation; provided, however, that |
---|
217 | 217 | | if a committee follows such a practice public officials of Indigenous communities shall be treated |
---|
218 | 218 | | accordingly. [Adopted June 3, 1985. Amended June 12, 1995; Feb. 20, 2007; Mar. 14, 2013; Mar. 7, 2019.] 8 |
---|
219 | 219 | | 1E. The joint standing committee on Health Care Financing shall review all legislation relating |
---|
220 | 220 | | to health care to evaluate the appropriateness and fiscal effect of such legislation. A matter |
---|
221 | 221 | | within the jurisdiction of said committee may, if appropriate, initially be referred to another joint |
---|
222 | 222 | | standing committee sharing jurisdiction of the subject-matter. Any matter reported favorably by |
---|
223 | 223 | | such joint standing committee shall be referred to the joint committee on Health Care Financing; |
---|
224 | 224 | | provided, however, that notwithstanding any rule to the contrary, any such matter so reported |
---|
225 | 225 | | shall not be read a first time in the branch in which the report was received. The next favorable |
---|
226 | 226 | | report on any such matter, if made by a joint committee, may be made to either branch. Such |
---|
227 | 227 | | next favorable report shall be considered the first reading. The branch of origin for any such bill |
---|
228 | 228 | | so reported shall be the branch receiving such favorable report. |
---|
229 | 229 | | For all matters initially referred to the joint committee on Health Care Financing and not |
---|
230 | 230 | | previously referred to another joint committee, the joint committee on Health Care Financing |
---|
231 | 231 | | may make favorable reports to either branch, at the discretion of the committee, except that |
---|
232 | 232 | | reports on money bills shall be made to the House. |
---|
233 | 233 | | In compliance with section 38A of chapter 3 of the General Laws, the joint committee on Health |
---|
234 | 234 | | Care Financing when reporting on bills shall include a fiscal note prepared under section 3A of |
---|
235 | 235 | | chapter 29 of the General Laws, showing the estimated cost or the fiscal effect of the proposed |
---|
236 | 236 | | legislation, if, in the opinion of said committee, such cost or fiscal effect exceeds the sum of |
---|
237 | 237 | | $100,000; provided, however, that any matter reported by the committee on Health Care |
---|
238 | 238 | | Financing with a fiscal effect of less than $100,000 shall not be referred, under the rules, to the |
---|
239 | 239 | | committee on Ways and Means. [Adopted Jan. 26, 2005; Amended May 19, 2005; Feb. 20, 2007; Feb. 12, 2009.] |
---|
240 | 240 | | 1F. The joint committee on Bonding, Capital Expenditures and State Assets shall review all |
---|
241 | 241 | | legislation providing for the giving, loaning or pledging of the credit of the Commonwealth (see |
---|
242 | 242 | | Article LXII of the Amendments to the Constitution, as amended by Article LXXXIV). Said |
---|
243 | 243 | | committee shall be responsible for evaluating such legislation and determining the |
---|
244 | 244 | | appropriateness of enacting legislation containing increased bond authorizations for the |
---|
245 | 245 | | Commonwealth. The committee shall periodically review and hold open public hearings, |
---|
246 | 246 | | accepting oral and written testimony on the status of the bonds and notes of the Commonwealth, |
---|
247 | 247 | | including (1) general obligation debt; (2) dedicated income tax debt; and (3) special obligation |
---|
248 | 248 | | debt. The committee shall also, in its continuing study of the state’s bonding practices, review |
---|
249 | 249 | | the Commonwealth’s liabilities relative to (a) state-supported debt; (b) state-guaranteed debt; and |
---|
250 | 250 | | (c) indirect obligations. 9 |
---|
251 | 251 | | Any bill providing for borrowing for new projects, and requiring the Commonwealth to issue |
---|
252 | 252 | | bonds for such purpose, shall, prior to its reference to the committee on Ways and Means, be |
---|
253 | 253 | | referred to the committee on Bonding, Capital Expenditures and State Assets for report on its |
---|
254 | 254 | | relationship to the finances of the Commonwealth. A measure may initially be referred to |
---|
255 | 255 | | another joint committee with jurisdiction over the subject matter before being referred to the |
---|
256 | 256 | | committee on Bonding, Capital Expenditures and State Assets; provided, however, that |
---|
257 | 257 | | notwithstanding any rule to the contrary, any such matter so reported shall not be read a first time |
---|
258 | 258 | | in the branch in which the report was received. The next favorable report on any such matter by |
---|
259 | 259 | | the committee on Bonding, Capital Expenditures and State Assets shall be considered the first |
---|
260 | 260 | | reading. The branch of origin for any such bill so reported shall be the branch receiving such |
---|
261 | 261 | | favorable report. |
---|
262 | 262 | | The provisions of Joint Rule 4 shall apply to all matters referred to the joint committee on |
---|
263 | 263 | | Bonding, Capital Expenditures and State Assets, except that where constitutionally prohibited. |
---|
264 | 264 | | The joint committee shall consult with the various agencies of the Executive branch and the |
---|
265 | 265 | | office of the Treasurer and Receiver-General relative to project expenditures, availability of |
---|
266 | 266 | | funds, the sale of new bonds and the resultant debt obligations, federal reimbursements and other |
---|
267 | 267 | | related funding and bonding issues. |
---|
268 | 268 | | The joint committee on Bonding, Capital Expenditures and State Assets shall be authorized to |
---|
269 | 269 | | conduct hearings relative to the statutory authority of the Executive branch and the Treasurer and |
---|
270 | 270 | | Receiver-General in the issuance and sale of bonds and notes and the expenditure of capital |
---|
271 | 271 | | funds by the various agencies and authorities of the Commonwealth. The committee shall |
---|
272 | 272 | | determine whether such laws, administrative regulations and programs are being implemented in |
---|
273 | 273 | | accordance with the intent of the General Court. |
---|
274 | 274 | | The committee on Bonding, Capital Expenditures and State Assets shall be authorized to report |
---|
275 | 275 | | to the General Court from time to time on the results of its hearings and to file drafts of |
---|
276 | 276 | | legislation necessary to carry its recommendations into effect. |
---|
277 | 277 | | Messages from the Governor setting terms of bonds and notes, or for the de-authorization or |
---|
278 | 278 | | authorization of bonds and notes shall be referred to the committee on Bonding, Capital |
---|
279 | 279 | | Expenditures and State Assets. [Adopted Mar. 25, 2021 -- previously omitted ] |
---|
280 | 280 | | 1G. The President of the Senate, the Speaker of the House of Representatives, Minority Leader |
---|
281 | 281 | | of the Senate, Minority Leader of the House of Representatives, the Senate and House chairs and 10 |
---|
282 | 282 | | the Senate and House ranking minority members of the joint committee on Public Safety and |
---|
283 | 283 | | Homeland Security may receive security clearance from federal and state homeland security |
---|
284 | 284 | | officials in order to be granted access to confidential homeland security briefings, information |
---|
285 | 285 | | and materials. The President of the Senate, the Speaker of the House of Representatives, the |
---|
286 | 286 | | Senate and House committee chairs and the Senate and House ranking minority members may |
---|
287 | 287 | | designate 1 or more members of their staff who may receive such security clearance. |
---|
288 | 288 | | Any person who receives security clearance under this rule shall sign all confidentiality |
---|
289 | 289 | | agreements required by homeland security officials. The breach of any such confidentiality |
---|
290 | 290 | | agreement shall constitute a violation of the Joint Rules of the Senate and House of |
---|
291 | 291 | | Representatives. Any alleged violation of a confidentiality agreement shall be referred for |
---|
292 | 292 | | investigation to the Senate committee on Ethics and Rules or the House committee on Ethics, |
---|
293 | 293 | | respectively, and, if appropriate, to law enforcement authorities for potential criminal |
---|
294 | 294 | | prosecution. [Adopted Jan. 26, 2005; Amended Feb. 12, 2009; Mar. 7, 2019.] |
---|
295 | 295 | | 2. No member of either branch shall act as counsel for any party before any committee of the |
---|
296 | 296 | | Legislature. |
---|
297 | 297 | | 2A. No member of either branch shall purchase, directly or indirectly, the stock or other |
---|
298 | 298 | | securities of any corporation or association knowing that there is pending before the General |
---|
299 | 299 | | Court any measure specially granting to such corporation or association any immunity, |
---|
300 | 300 | | exemption, privilege or benefit or any measure providing for the creation of, or directly affecting |
---|
301 | 301 | | any, contractual relations between such corporation or association and the Commonwealth. This |
---|
302 | 302 | | rule shall not apply to the purchase of securities issued by the Commonwealth or any political |
---|
303 | 303 | | subdivision of the Commonwealth. [See G.L. chapter 268, section 10.] [Adopted Jan. 16, 1922.] |
---|
304 | 304 | | 3. When the General Court is in session, authorization for any committee of the Senate or House |
---|
305 | 305 | | of Representatives to travel during the session of the General Court shall be approved by a vote |
---|
306 | 306 | | of two-thirds of the members of its branch present and voting. When the General Court is in |
---|
307 | 307 | | session, authorization for any committee of the Senate or House of Representatives to sit and |
---|
308 | 308 | | travel during the recess of the General Court shall be approved by a vote of two-thirds of the |
---|
309 | 309 | | members of each branch present and voting. During the recess of the General Court, the |
---|
310 | 310 | | President of the Senate and the Speaker of the House of Representatives may, by written consent, |
---|
311 | 311 | | allow standing committees of their respective branches or appoint special committees to sit, |
---|
312 | 312 | | travel and incur expenses not exceeding sums authorized in writing by said presiding officers and 11 |
---|
313 | 313 | | appropriated for such purposes. When the General Court is in session, authorization for any joint |
---|
314 | 314 | | committee to travel during the session, or to sit or travel during the recess, of the General Court |
---|
315 | 315 | | shall be approved by a vote of two-thirds of the members of each branch present and voting. |
---|
316 | 316 | | During the recess of the General Court, the President of the Senate and the Speaker of the House |
---|
317 | 317 | | of Representatives, acting jointly, may, by written consent, allow joint committees or appoint |
---|
318 | 318 | | joint special committees to sit, travel and incur expenses not exceeding sums authorized in |
---|
319 | 319 | | writing by said presiding officers and appropriated for such purposes. The Clerks of the Senate |
---|
320 | 320 | | and House of Representatives shall be notified of any appointments made and authorizations |
---|
321 | 321 | | granted during the recess for said committees to sit, travel and incur expenses during the recess |
---|
322 | 322 | | and the Clerks shall enter such information in the journals for the next year, as soon as may be |
---|
323 | 323 | | practicable. Committees authorized by the presiding officers to sit during the recess in the odd |
---|
324 | 324 | | numbered year shall report not later than the fourth Wednesday of January during the following |
---|
325 | 325 | | year and committees authorized by the presiding officers to sit during the recess in the even |
---|
326 | 326 | | numbered year shall report not later than the fourth Wednesday of December during the same |
---|
327 | 327 | | year. |
---|
328 | 328 | | No committee shall travel except at the expense of the Commonwealth. In any case when a |
---|
329 | 329 | | committee is authorized to travel, the Sergeant-at-Arms shall provide transportation only for |
---|
330 | 330 | | members of the committee and the officer accompanying them, and the reasonable traveling |
---|
331 | 331 | | expenses of such members and officers only shall be charged to or paid by the Commonwealth. |
---|
332 | 332 | | Neither the Sergeant-at-Arms nor the officer detailed by the Sergeant-at-Arms shall permit any |
---|
333 | 333 | | person to accompany such committee while in the discharge of its official duties unless invited |
---|
334 | 334 | | by vote of the committee. |
---|
335 | 335 | | All bills for the traveling expenses of committees shall be submitted by the Sergeant-at-Arms to |
---|
336 | 336 | | the committee by whom they have been incurred and shall be approved by a majority of said |
---|
337 | 337 | | committee before being presented to the Comptroller for payment. [Adopted Feb. 7, 1890; Amended Feb. |
---|
338 | 338 | | 2, 1891 ; Jan. 20, 1904 ; April 17, 1925 ; March 2, 1943 ; July 27, 1950 ; Oct. 18, 1971 ; March 28, 1972 ; Jan. 15, 1973; Feb. 12, |
---|
339 | 339 | | 2009.] |
---|
340 | 340 | | 3A. A joint standing committee may, upon the written and signed report of two-thirds of the |
---|
341 | 341 | | members of the Senate and two-thirds of the members of the House appointed to said committee, |
---|
342 | 342 | | report a bill or other form of legislation without said legislation being founded upon petition; |
---|
343 | 343 | | provided, however, that matters so reported shall be germane to the subject matters regularly |
---|
344 | 344 | | referred to the committee. The committee shall hold a public hearing on such bill or other form 12 |
---|
345 | 345 | | of legislation before it is reported. A bill or other form of legislation so reported shall be placed |
---|
346 | 346 | | in the Orders of the Day by the Clerk of the respective branch to which it is reported or referred |
---|
347 | 347 | | to a standing committee of said branch under the rules. All reports of committees not founded |
---|
348 | 348 | | upon petition shall bear the designation ‘committee bill’, ‘resolve’, ‘order’ or ‘resolution’, as the |
---|
349 | 349 | | case may be, in the Orders of the Day. Committees to which messages from the Governor, |
---|
350 | 350 | | reports of state officers, boards, committees, commissions and others authorized to report to the |
---|
351 | 351 | | General Court, may report by bill or otherwise such legislation as may be germane to the subject |
---|
352 | 352 | | matter referred to them. [Adopted June 3, 1985.] |
---|
353 | 353 | | 4. Favorable reports, and adverse reports on subjects of legislation other than petitions, by joint |
---|
354 | 354 | | committees shall be made to the branch in which the matter was originally introduced, unless the |
---|
355 | 355 | | committee decides otherwise under its own rules and, except that reports on money bills shall be |
---|
356 | 356 | | made to the House and if adverse reports on matters other than petitions which are accompanied |
---|
357 | 357 | | by money bills are accepted by the House, this shall constitute final rejection. Adverse reports by |
---|
358 | 358 | | joint committees on petitions shall be made to the branch in which the petition was originally |
---|
359 | 359 | | introduced, except that such adverse reports on petitions accompanied by proposed money bills |
---|
360 | 360 | | shall be made to the House; and, if accepted by the branch in which they are made, shall be |
---|
361 | 361 | | considered as a final rejection. When a report is made from any committee to either branch, and |
---|
362 | 362 | | the subject-matter of the report is subsequently referred to a joint committee, such committee, |
---|
363 | 363 | | except for the committee on Health Care Financing, shall report its action to the branch in which |
---|
364 | 364 | | the reference originated. [See also Joint Rule 5.] |
---|
365 | 365 | | A vote of a joint standing committee to give legislation a favorable or adverse report shall be |
---|
366 | 366 | | conducted by a roll call upon request of 2 committee members present at the committee meeting. |
---|
367 | 367 | | Such votes shall be recorded on appropriate forms that show all votes for and against the |
---|
368 | 368 | | particular committee action. The records of all such roll calls shall be kept in the offices of the |
---|
369 | 369 | | committee for the duration of the General Court during which said vote was recorded, and shall |
---|
370 | 370 | | be available for public inspection upon reasonable notice and during regular office hours and |
---|
371 | 371 | | shall be posted on the website of the General Court. |
---|
372 | 372 | | All committee members shall have an opportunity to sign a form accompanying a report of the |
---|
373 | 373 | | committee signifying approval of, dissent or abstention from a report of a joint standing |
---|
374 | 374 | | committee before the report is final or filed. No signature shall be valid unless the report to |
---|
375 | 375 | | which the signature is affixed includes the substantially complete text of the legislation being 13 |
---|
376 | 376 | | reported. [Amended Jan. 3, 1952; April 8, 1959; June 7, 1965; Jan. 7, 1971; March 11, 1974; June 3, 1985; Feb. 20, 2007; |
---|
377 | 377 | | Feb. 15, 2017.] |
---|
378 | 378 | | 4A. In compliance with section 38A of chapter 3 of the General Laws, all joint committees of the |
---|
379 | 379 | | General Court when reporting on bills referred to them shall include a fiscal note prepared under |
---|
380 | 380 | | section 3A of chapter 29 of the General Laws, showing the estimated cost or the fiscal effect of |
---|
381 | 381 | | the proposed legislation, if, in the opinion of said committee, such cost exceeds $100,000. Such |
---|
382 | 382 | | fiscal note shall be filed electronically in the office of the clerk to which the report is being |
---|
383 | 383 | | made, and shall be promptly made available on the official website of the General Court. [Adopted |
---|
384 | 384 | | Jan. 15, 1973.] |
---|
385 | 385 | | 5. Matters reported adversely by joint committees and the committees on Rules of the two |
---|
386 | 386 | | branches, acting concurrently, may be recommitted to the same committees at the pleasure of the |
---|
387 | 387 | | branch acting on the report, and bills or resolves may be recommitted in either branch. If a bill or |
---|
388 | 388 | | resolve is laid aside in either branch for the reason that it is declared to be broader in its scope |
---|
389 | 389 | | than the subject-matter upon which it is based, the subject-matter shall be recommitted to the |
---|
390 | 390 | | committee. A concurrent vote shall, however, be necessary for re-committal, with instructions. |
---|
391 | 391 | | After recommitment, report shall, in all cases, be made to the branch originating the |
---|
392 | 392 | | recommitment. [Amended Feb. 2, 1891; April 11, 1935; Jan. 6, 1947; May 7, 19 53; March 26, 1963; Jan. 30, 1967; Jan. 7, |
---|
393 | 393 | | 1971; March 11, 1974.] |
---|
394 | 394 | | 6. Bills and resolves reported by joint committees shall be presented with spaces between the |
---|
395 | 395 | | several sections and shall be made available to all members electronically and to the public via |
---|
396 | 396 | | the Internet. [Amended Jan. 28, 1889; Jan. 9, 1941; Feb. 8, 1949; Feb. 12, 2009.] |
---|
397 | 397 | | Joint Petitions. |
---|
398 | 398 | | 6A. A member of the Senate and a member of the House of Representatives may file a joint |
---|
399 | 399 | | petition in either branch and shall endorse their name on the petition and a brief statement of the |
---|
400 | 400 | | nature and object of the instrument and the reading of the instrument shall be dispensed with, |
---|
401 | 401 | | unless specially ordered. The petition shall be filed in the office of the clerk of either the Senate |
---|
402 | 402 | | or House of Representatives, depending on whether it is a ‘Joint Senate/House Petition’ or a |
---|
403 | 403 | | ‘Joint House/Senate Petition’ but the Journal records in the Senate and House of Representatives |
---|
404 | 404 | | shall carry both members’ names as presenters of the petition. [Adopted Jan. 15, 1973.] |
---|
405 | 405 | | 7. Whenever, upon any application for an act of incorporation or other legislation, the purpose |
---|
406 | 406 | | for which such legislation is sought can be secured without detriment to the public interests by a 14 |
---|
407 | 407 | | general law or under existing laws, the committee to which the matter is referred shall report |
---|
408 | 408 | | such general law, or ‘ought not to pass’. [Amended Feb. 2, 1891; Feb. 7, 18 93; Jan. 7, 1971.] |
---|
409 | 409 | | 7A. A petition for legislation to authorize a county to reinstate in its service a person formerly |
---|
410 | 410 | | employed by it, or to retire or pension or grant an annuity to any person, or to increase any |
---|
411 | 411 | | retirement allowance, pension or annuity, or to pay any sum of money in the nature of a pension |
---|
412 | 412 | | or retirement allowance, or to pay any salary which would have accrued to a deceased official or |
---|
413 | 413 | | employee but for their death, or to pay any claim for damages or otherwise, or to alter the |
---|
414 | 414 | | benefits or change the restrictions of any county retirement or pension law, shall, subsequently to |
---|
415 | 415 | | the procedure required by Senate Rule No. 20 and by House Rule No. 24, be reported adversely, |
---|
416 | 416 | | unless, when filed it be the petition of, or be approved by, a majority of the county |
---|
417 | 417 | | commissioners. [Adopted April 29, 1915. Amended Jan. 13, Feb. 19 and Dec. 22, 1920; May 24, 1926; April 11, 1935; |
---|
418 | 418 | | April 22, 1937; Jan. 12, 1939; Jan. 15, 1945; Feb. 20, 1951; Jan. 30, 1967; Jan. 7, 1971; Jan. 15, 1973; Mar. 7, 2019.] |
---|
419 | 419 | | 7B. A petition, the operation of which is restricted to a particular city or town (and which does |
---|
420 | 420 | | not affect the powers, duties, etc., of state departments, boards, commissions, etc., or which does |
---|
421 | 421 | | not affect generally the laws of the Commonwealth) and which is not filed in conformity with |
---|
422 | 422 | | Section 8 of Article LXXXIX of the Amendments to the Constitution shall, subsequent to the |
---|
423 | 423 | | procedure required by Senate Rule 20 and House Rule 24, be reported adversely, unless it be on |
---|
424 | 424 | | petition filed or approved by the voters of a city or town, or the mayor and city council, or other |
---|
425 | 425 | | legislative body, of a city, or the town meeting of a town. A joint committee to which is |
---|
426 | 426 | | inadvertently referred a petition or other subject of legislation the operation of which is restricted |
---|
427 | 427 | | to a particular city or town and which is not in conformity with Section 8 of Article LXXXIX of |
---|
428 | 428 | | the Amendments to the Constitution shall report a general law which applies alike to all cities, or |
---|
429 | 429 | | to all towns, or to all cities and towns, or to a class of not fewer than 2; or shall report ‘ought not |
---|
430 | 430 | | to pass’, with the further endorsement that it ‘would be unconstitutional to enact such special |
---|
431 | 431 | | law’. |
---|
432 | 432 | | Any petition that subsequently conforms to Section 8 of Article LXXXIX of the Amendments to |
---|
433 | 433 | | the Constitution after filing, which have followed the procedures set forth in Senate Rule 20 or |
---|
434 | 434 | | House Rule 24, shall be forthwith reported from the committee on Rules and be referred by the |
---|
435 | 435 | | Clerk to an appropriate committee. [Adopted Jan. 13, 1920. Amended Feb. 19 and Dec. 22, 1920; May 24, 1926; |
---|
436 | 436 | | April 11, 1935; April 22, 1937; Jan. 12, 1939; Jan. 9, 1941; Jan. 15, 1945; Feb. 20, 1951; Jan. 30, 1967; Jan. 7 and Mar. 22, 1971 |
---|
437 | 437 | | ; Jan. 15, 1973; March 14, 2013.] 15 |
---|
438 | 438 | | 7C. The approval vote required to file a petition, the operation of which is restricted to a |
---|
439 | 439 | | particular city or town under Section 8 of Article LXXXIX of the Amendments to the |
---|
440 | 440 | | Constitution of the Commonwealth, shall not expire prior to the final day of the next immediate |
---|
441 | 441 | | biennial session following the certification of the approval vote by the city or town and in such |
---|
442 | 442 | | circumstances no additional vote shall be required to file a petition unless a vote to rescind such |
---|
443 | 443 | | approval is passed by the voters of a city or town, or the mayor and city council or other |
---|
444 | 444 | | legislative body of a city, or the select board and the town meeting or other legislative body of |
---|
445 | 445 | | the town. [Adopted, Mar. 14, 2013; Amended Feb. 15, 2017.] |
---|
446 | 446 | | 7D. The approval of a substantive amendment to a petition restricted to a single city or town and |
---|
447 | 447 | | requiring a vote of the city of town before enactment of the petition shall be provided to the |
---|
448 | 448 | | General Court before the enactment of the petition and shall be reviewed by House Counsel and |
---|
449 | 449 | | Senate Counsel prior to the enactment of the petition in either branch. [Adopted , Feb. 15, 2017.] |
---|
450 | 450 | | Notice to Parties Interested. |
---|
451 | 451 | | 8. No legislation affecting the rights of individuals or the rights of a private or municipal |
---|
452 | 452 | | corporation, otherwise than as it affects generally the people of the Commonwealth or the people |
---|
453 | 453 | | of the city or town to which it specifically applies, shall be proposed or introduced except by a |
---|
454 | 454 | | petition, nor shall any bill or resolve embodying such legislation be reported by a committee |
---|
455 | 455 | | except upon a petition duly referred, nor shall such a bill or resolve be reported by a committee, |
---|
456 | 456 | | whether on an original reference or on a re-committal with instructions to hear the parties, until it |
---|
457 | 457 | | is made to appear to the satisfaction of the committee that proper notice of the proposed |
---|
458 | 458 | | legislation has been given by public advertisement or otherwise to all parties interested, without |
---|
459 | 459 | | expense to the Commonwealth, or until evidence satisfactory to the committee is produced that |
---|
460 | 460 | | all parties interested have in writing waived notice. A committee reporting adversely due to lack |
---|
461 | 461 | | proper notice or of a waiver of proper notice shall so state in its report and no bill or resolve shall |
---|
462 | 462 | | be in order as a substitute for, or amendment of, such report. Objection to the violation of this |
---|
463 | 463 | | rule may be taken at any stage prior to that of the third reading. [Adopted Feb. 7, 1890. Amended Dec. 22, |
---|
464 | 464 | | 1920 ; Jan. 12, 1939 ; Jan. 15, 1945; Jan. 7, 1971.] |
---|
465 | 465 | | 9. A petition for the incorporation of a city or town, for the annexation of 1 municipality to |
---|
466 | 466 | | another, for the consolidation of 2 or more municipalities or for the division of an existing |
---|
467 | 467 | | municipality, or for the incorporation or revival of a railroad, street railway, elevated railroad, |
---|
468 | 468 | | canal, telephone, telegraph, water, gas, electric light, power or other public service corporation, |
---|
469 | 469 | | for the amendment, alteration or extension of the charter or corporate powers or privileges, or for 16 |
---|
470 | 470 | | the change of name, of any such company, whether specially incorporated or organized under the |
---|
471 | 471 | | General Laws, or for authority to take water for a water supply, or relative to building structures |
---|
472 | 472 | | in or over navigable or tide waters, shall be placed on file, and not referred to a committee , |
---|
473 | 473 | | unless the petitioner has given the notice and followed the procedure required by section 5 of |
---|
474 | 474 | | chapter 3 of the General Laws. But if, no objection being raised, any such petition is referred to a |
---|
475 | 475 | | committee without such required notice or procedure, the committee shall forthwith report |
---|
476 | 476 | | adversely, setting forth as the reason for such report failure to comply with the law, unless |
---|
477 | 477 | | evidence satisfactory to the committee is produced that all parties interested have in writing |
---|
478 | 478 | | waived notice. In case a bill or resolve is reported upon such a petition, after proof of such |
---|
479 | 479 | | waiver of notice, this fact shall be set forth in the report of the committee. When an adverse |
---|
480 | 480 | | report is made by a committee, on account of failure to give the required notice, no bill or resolve |
---|
481 | 481 | | shall be substituted for such report, nor shall such report be recommitted or referred to another |
---|
482 | 482 | | committee. |
---|
483 | 483 | | A petition for the establishment or revival, or for the amendment, alteration or extension of the |
---|
484 | 484 | | charter or corporate powers or privileges, or for the change of name, of any corporation, except a |
---|
485 | 485 | | petition subject to the preceding paragraph, shall be transmitted by the Clerk of the branch in |
---|
486 | 486 | | which it is filed to the office of the State Secretary. If such a petition is returned by said |
---|
487 | 487 | | Secretary with a statement that the petitioner has failed to comply with the requirements of |
---|
488 | 488 | | section 7 of chapter 3 of the General Laws, said petition shall be placed on file, and shall not be |
---|
489 | 489 | | referred to a committee. |
---|
490 | 490 | | Any petition placed on file for want of proper notice or procedure under this rule shall not affect |
---|
491 | 491 | | action upon any other measure involving the same subject matter. [Adopted Feb. 7, 1890. Amended Feb. 2, |
---|
492 | 492 | | 1891; Feb. 3, 1898; Jan. 16, 1903; Feb. 19 and Dec. 22, 1920; May 24, 1926; Feb. 27, 1929; April 11, 1935; Jan. 6, 1938; Jan. 12, |
---|
493 | 493 | | 1939; Jan. 9, 1941; Jan. 15, 1945; April 8, 1959; Jan. 7, 1963; Jan. 7, 1971 ; Jan. 15, 1973 , June 12, 1995; Feb. 12, 2009; Mar. 7, |
---|
494 | 494 | | 2019.] |
---|
495 | 495 | | Limit of Time allowed for Reports of Committees. |
---|
496 | 496 | | 10. All joint committees and the committees on Rules of the two branches, acting concurrently, |
---|
497 | 497 | | shall make final report not later than the first Wednesday in February of the second annual |
---|
498 | 498 | | session of the General Court on all matters referred to them before the first day of the second |
---|
499 | 499 | | annual session and within 30 days on all matters referred to them on and after the first day of the |
---|
500 | 500 | | second annual session of the General Court except that the committee on Health Care Financing |
---|
501 | 501 | | shall make final report not later than the last Wednesday of March of the second annual session 17 |
---|
502 | 502 | | on all matters referred to them on or before the fourth Wednesday of February and within 30 |
---|
503 | 503 | | days on all matters referred to it after the fourth Wednesday in February of the second annual |
---|
504 | 504 | | session of the General Court. When the time within which said committees are required to report |
---|
505 | 505 | | has expired, all matters upon which no report has then been made shall forthwith be reported by |
---|
506 | 506 | | the chair of the committee on the part of the branch in which they were respectively introduced, |
---|
507 | 507 | | with an adverse recommendation under this rule. If the chair fails to make such report by the end |
---|
508 | 508 | | of the legislative day next following the expiration date, all matters remaining unreported shall |
---|
509 | 509 | | be placed in the Orders of the Day by the Clerk of the branch in which the matter was originally |
---|
510 | 510 | | filed with an adverse report under this rule. Matters which have been referred under Joint Rule |
---|
511 | 511 | | 29, upon which the chairs of the committees on Rules fail to make a report, shall be placed by |
---|
512 | 512 | | the respective Clerks in the Orders of the Day of the branch in which the subject matter was |
---|
513 | 513 | | referred to said committees. Committees to whom are referred subjects of legislation may |
---|
514 | 514 | | combine petitions of similar subject matter, or other forms of legislation of similar subject |
---|
515 | 515 | | matter, into 1 adverse report, and the report on the petition shall be that said petitions or other |
---|
516 | 516 | | forms of legislation ‘ought NOT to pass,’ and if the report is accepted, all the matters contained |
---|
517 | 517 | | in the report shall be disposed of. However, petitions upon which an adverse report is accepted in |
---|
518 | 518 | | only 1 branch may not be combined with other subjects of legislation upon which adverse reports |
---|
519 | 519 | | must be accepted, in concurrence. This rule shall not apply to petitions referred to the |
---|
520 | 520 | | committees on Rules of the two branches, acting concurrently, under the second paragraph of |
---|
521 | 521 | | Joint Rule 12. This rule shall not be rescinded, amended or suspended, except by a concurrent |
---|
522 | 522 | | vote of four-fifths of the members of each branch present and voting thereon. Notwithstanding |
---|
523 | 523 | | Joint Rule 30, this rule shall not be rescinded, amended or suspended more than 3 times except |
---|
524 | 524 | | by unanimous consent. [Amended Feb. 2, 1891; Jan. 25, 1894; Jan. 16, 1903; Jan. 20, 1904; Dec. 22, 1920; April 17, |
---|
525 | 525 | | 1925; Jan. 12, 1939; Jan. 15, 1945; Jan. 6, 1947; May 7, 1953; Jan. 27, 1955; Jan. 30, 1967; Jan. 7, 1971; Feb. 4, 1974, June 12, |
---|
526 | 526 | | 1995; July 17, 2003; Feb. 20, 2007; Feb. 12, 2009; Feb. 15, 2017; Mar. 7, 2019.] |
---|
527 | 527 | | 10A. The form for all subjects of legislation receiving a favorable report shall be ‘ought to pass.’ |
---|
528 | 528 | | The form for all subjects of legislation receiving an adverse report shall be ‘ought NOT to pass.’ |
---|
529 | 529 | | A committee to whom is referred any other matter may report recommending that the same be |
---|
530 | 530 | | placed on file. [Adopted Jan. 7, 1971.] |
---|
531 | 531 | | Committees of Conference. |
---|
532 | 532 | | 11. Committees of conference shall consist of 3 members on the part of each branch, one |
---|
533 | 533 | | member of each branch being a member of the minority party representing its vote; and their 18 |
---|
534 | 534 | | report, if agreed to by a majority of each committee, shall be made to the branch asking for the |
---|
535 | 535 | | conference, and may be either accepted or rejected, but no other action shall be had, except |
---|
536 | 536 | | through a new committee of conference. |
---|
537 | 537 | | Committees of conference to whom are referred matters of difference in respect to bills or |
---|
538 | 538 | | resolves, shall, after filing their reports, but before consideration by either branch, have the same |
---|
539 | 539 | | approved or discharged by each committee on Bills in the Third Reading. [Amended April 22, 1937; |
---|
540 | 540 | | Feb. 12, 2009; Feb. 3, 2011; Feb. 15, 2017; Mar. 7, 2019.] |
---|
541 | 541 | | 11A. Committees of conference to whom are referred matters of difference in respect to |
---|
542 | 542 | | appropriation bills, including capital outlay programs, shall, after filing their reports but before |
---|
543 | 543 | | consideration by either branch have the same approved or discharged by each committee on Bills |
---|
544 | 544 | | in the Third Reading. |
---|
545 | 545 | | Upon the appointment of a committee of conference to whom matters of difference in respect to |
---|
546 | 546 | | any appropriation bill or in respect to any bill providing for capital outlay programs and projects |
---|
547 | 547 | | are referred, the clerk of the branch requesting said committee of conference shall make |
---|
548 | 548 | | available to members of the General Court a list of the matters in disagreement identified by item |
---|
549 | 549 | | number and item purpose and showing the amount made available by each branch of the General |
---|
550 | 550 | | Court, and any other matters in disagreement and the position of each of the said branches. |
---|
551 | 551 | | The report of said committee of conference shall consist of the matters of difference so referred |
---|
552 | 552 | | and so identified, showing the amounts appropriated by each of the said branches and other |
---|
553 | 553 | | matters in disagreement and the position of each branch with respect to those matters, and shall |
---|
554 | 554 | | state said committee's recommendations with respect to the matters so referred. Matters on which |
---|
555 | 555 | | there exists no disagreement between the branches shall not be disturbed by the committee on |
---|
556 | 556 | | conference. |
---|
557 | 557 | | The committees on ways and means of each branch of the General Court shall assist such |
---|
558 | 558 | | committee of conference in any and all matters necessary to the preparation and completion of its |
---|
559 | 559 | | report. [Adopted July 30, 1974; Amended Oct. 3, 1983; Feb. 3, 2011.] |
---|
560 | 560 | | 11B. No report from a committee of conference shall be considered or acted upon by either |
---|
561 | 561 | | branch until the calendar day following the day on which said report shall have been available to |
---|
562 | 562 | | the public and to the members of the General Court. The committee shall file its report no later |
---|
563 | 563 | | than 8 p.m. on the day preceding its consideration and the General Court shall not consider said |
---|
564 | 564 | | report before 1 p.m. on the following day, except that a report from such committee of 19 |
---|
565 | 565 | | conference that it is unable to agree may be considered and acted upon at the time that such |
---|
566 | 566 | | report is filed. [Adopted Oct. 3, 1983. Amended July 17, 2003; July 21 and September 20, 2005; Feb. 3, 2011.] |
---|
567 | 567 | | 11C. Reports, other than those filed under Rule 11A, from a committee of conference shall, |
---|
568 | 568 | | whenever practicable, be accompanied by a summary which shall be filed with the clerk. [Adopted |
---|
569 | 569 | | Feb. 12, 2009; Feb. 3, 2011.] |
---|
570 | 570 | | 11D. Upon the filing of a report by a committee of conference, pursuant to Joint Rule 11B, the |
---|
571 | 571 | | clerk of the branch in which the committee of conference filed its report shall make the report |
---|
572 | 572 | | and the summary of the report available to all members electronically and to the public on the |
---|
573 | 573 | | official website of the General Court by 9 p.m. on the day preceding its consideration. [Adopted Feb. |
---|
574 | 574 | | 12, 2009; Feb. 3, 2011.] |
---|
575 | 575 | | 11E. Subsequent to the filing of a report of a committee of conference, an addendum may be |
---|
576 | 576 | | submitted to the clerk of the branch in which the report had been filed. The addendum shall |
---|
577 | 577 | | indicate that it contains only matters inadvertently omitted from or included in the report, and |
---|
578 | 578 | | shall be signed by all of members of the House and Senate who had signed the conference |
---|
579 | 579 | | committee report. The addendum shall be approved by both the Counsel to the House and the |
---|
580 | 580 | | Counsel to the Senate. The addendum, having been approved by both the Counsel to the House |
---|
581 | 581 | | and the Counsel to the Senate, shall be posted to the official website of the General Court |
---|
582 | 582 | | immediately upon receipt by the clerk of the branch to which it was submitted. [Adopted Mar. 14, |
---|
583 | 583 | | 2013.] |
---|
584 | 584 | | Limit of Time allowed for New Business. |
---|
585 | 585 | | 12. Resolutions intended for adoption by both branches of the General Court, petitions, and all |
---|
586 | 586 | | other subjects of legislation, shall be deposited with the Clerk of either branch prior to 5 p.m. on |
---|
587 | 587 | | the third Friday in January of the first annual session of the General Court. |
---|
588 | 588 | | All such matters except messages from the Governor, reports required or authorized to be made |
---|
589 | 589 | | to the General Court and petitions filed or approved by the voters of a city or town, or the mayor |
---|
590 | 590 | | and city council, or other legislative body of a city, or the town meeting of a town, for the |
---|
591 | 591 | | enactment of a special law under Section 8 of Article LXXXIX of the Amendments to the |
---|
592 | 592 | | Constitution and which do not affect the powers, duties, etc., of state departments, boards, |
---|
593 | 593 | | commissions, etc., or which do not affect generally the laws of the Commonwealth deposited |
---|
594 | 594 | | with the respective clerks subsequent to 5 p.m. on the third Friday of January of the first annual |
---|
595 | 595 | | session of the General Court shall be referred by the Clerks to the committees on the Rules of the |
---|
596 | 596 | | two branches, acting concurrently. No such matter shall be admitted for consideration except on 20 |
---|
597 | 597 | | report of the committees on Rules of the two branches, acting concurrently, and then upon |
---|
598 | 598 | | approval of two-thirds of the members of each branch voting thereon. Matters upon which |
---|
599 | 599 | | suspension of Joint Rule 12 has been negatived shall be placed on file. |
---|
600 | 600 | | At any special session called under Rule 26A, however, matters relating to the facts constituting |
---|
601 | 601 | | the necessity for convening such session shall, if otherwise admissible, be admitted as though |
---|
602 | 602 | | filed seasonably under the first sentence of this rule. Any recommendations from the Governor |
---|
603 | 603 | | shall be similarly considered. This rule shall not be rescinded, amended or suspended, except by |
---|
604 | 604 | | a concurrent vote of two-thirds of the members of each branch present and voting thereon. |
---|
605 | 605 | | [Amended Feb. 7, 18 90; Feb. 2, 18 91; Feb. 7, 18 93; Jan. 10, 18 98; Jan. 9, 18 99; Feb. 15, 19 01; May 4, 19 04; Jan. 31, 19 10; |
---|
606 | 606 | | Feb. 2, 19 17; Dec. 22, 19 20; March 30, 19 21; Jan. 30, 19 23; Feb. 15, 19 33; Jan. 12 and Aug. 7, 19 39; Jan. 15, 19 45; Jan. 6, |
---|
607 | 607 | | 19 47; May 27, 19 48; Jan. 30, 19 67; March 26, 19 69; Jan. 7, 1971 ; Jan. 15 and Oct. 2, 1973 ; Oct 3, 1983 , June 12, 1995 ; Jan. |
---|
608 | 608 | | 26, 2005; July 17, 2003; Jan. 26, 2005; July 21, 2005; Sept. 20, 2005; Feb. 12, 2009.] |
---|
609 | 609 | | 12A. All formal business of the first annual session of the General Court shall be concluded not |
---|
610 | 610 | | later than the third Wednesday in November of that calendar year and all formal business of the |
---|
611 | 611 | | second annual session shall be concluded not later than the last day of July of that calendar year. |
---|
612 | 612 | | In order to assist the Senate and House in its analysis and appraisal of laws enacted by the |
---|
613 | 613 | | General Court, each joint standing committee, upon conclusion of the formal business of the |
---|
614 | 614 | | annual sessions, shall, as authorized by Joint Rule 1, initiate oversight hearings to evaluate the |
---|
615 | 615 | | effectiveness, application and administration of the subject matter of laws within the jurisdiction |
---|
616 | 616 | | of that committee. [Adopted June 12, 1995.] |
---|
617 | 617 | | Unfinished Business of the Session. |
---|
618 | 618 | | 12B. Any matter pending before the General Court at the end of the first annual session and any |
---|
619 | 619 | | special session held in the same year shall carry over into the second annual session of the same |
---|
620 | 620 | | General Court in the same legislative status as it was at the conclusion of the first annual session |
---|
621 | 621 | | or any special session held during that year; provided, however, that any measure making or |
---|
622 | 622 | | supplementing an appropriation for a fiscal year submitted to or returned to the General Court by |
---|
623 | 623 | | the Governor, under Article LXIII of the Amendments to the Constitution, in the first annual |
---|
624 | 624 | | session or in a special session held during that year shall cease to exist upon the termination of |
---|
625 | 625 | | the first annual session. [Adopted June 12, 1995.] |
---|
626 | 626 | | Papers to be deposited with the Clerks. |
---|
627 | 627 | | 13. Information intended for presentation to the General Court by any Representative or Senator |
---|
628 | 628 | | shall be deposited with the Clerk of the branch to which the member belongs; and all such 21 |
---|
629 | 629 | | information, unless they be subject to other rules or of the rules of the Senate or House, shall be |
---|
630 | 630 | | referred by the Clerk, with the approval of the President or Speaker, to appropriate committees, |
---|
631 | 631 | | subject to such changes as the Senate or House may make. The reading of information so |
---|
632 | 632 | | referred may be dispensed with, but they shall, except as provided in these rules, be entered in |
---|
633 | 633 | | the Journal of the same on the next legislative day after such reference. |
---|
634 | 634 | | A member may include a brief statement of intent with all papers intended for presentation to the |
---|
635 | 635 | | General Court. Upon a favorable report by a joint standing committee, a committee may include |
---|
636 | 636 | | a brief written statement of intent. Said statement shall be dated and shall include the scope of |
---|
637 | 637 | | the matter presented for consideration; provided, however, this rule shall not be construed to |
---|
638 | 638 | | require the presentation of such statement of intent under this rule. [Adopted Feb. 7, 1890. Amended Feb. |
---|
639 | 639 | | 2, 1891; Feb. 7, 1893; Jan. 25, 1894; Dec. 22, 1920; May 25, 1923; Feb. 15, 1933; Jan. 12, 1971; June 3, 1985; Feb. 12, 2009.] |
---|
640 | 640 | | Dockets of Legislative Counsel and Agents. |
---|
641 | 641 | | 14. The committees on Rules of the two branches, acting concurrently, may prescribe the manner |
---|
642 | 642 | | and form of keeping the dockets of legislative agents which are required by law. [Adopted Feb. 2, |
---|
643 | 643 | | 1891; Amended Feb. 19, 1920.] |
---|
644 | 644 | | Duties of the Clerk. |
---|
645 | 645 | | 15. If any part of the report of a committee over the signature of the chair or members of the |
---|
646 | 646 | | committee is amended in either branch, the Clerk of that branch shall endorse upon the report |
---|
647 | 647 | | such amendment. [Amended Mar. 7, 2019.] |
---|
648 | 648 | | 16. All papers, while on their passage between the 2 branches, may be under the signature of the |
---|
649 | 649 | | respective Clerks, except as to the adopting of emergency preambles and the final passage of |
---|
650 | 650 | | bills and resolves. Messages may be sent by such persons as each branch may direct. [Amended Feb. |
---|
651 | 651 | | 21, 1919.] |
---|
652 | 652 | | 17. After bills and resolves have passed both branches to be engrossed, they shall be in the |
---|
653 | 653 | | charge of the Clerks of the 2 branches, who shall prepare the same for final passage in the |
---|
654 | 654 | | manner prescribed by law; and when so prepared the same shall be delivered to the Clerk of the |
---|
655 | 655 | | House of Representatives; and when the bills have been passed to be enacted or the resolves have |
---|
656 | 656 | | been passed in the House, they shall, in like manner, be delivered to the Senate Clerk and |
---|
657 | 657 | | Parliamentarian. If a bill or resolve contains an emergency preamble, it shall be delivered in like |
---|
658 | 658 | | manner, to the Senate after the preamble has been adopted by the House of Representatives and |
---|
659 | 659 | | before the bill or resolve is put upon its final passage in that branch. If the Senate concurs in 22 |
---|
660 | 660 | | adopting the preamble, the bill or resolve shall be returned to the House to be there first put upon |
---|
661 | 661 | | its final passage, under Joint Rule No. 22. [Amended Feb. 24, 1914; Feb. 21, 1919; Jan. 7, 1971.] |
---|
662 | 662 | | 18. [Omitted in 1971.] |
---|
663 | 663 | | 19. The Clerk of the branch in which a bill or resolve originated shall make an endorsement on |
---|
664 | 664 | | the envelope of the engrossed copy of the bill, certifying in which branch the bill originated, |
---|
665 | 665 | | which endorsement shall be entered on the journals by the Clerks respectively. [Amended Jan. 28, |
---|
666 | 666 | | 1889; Feb. 24, 1914.] |
---|
667 | 667 | | 20. Bills, resolves and other papers requiring the approval of the Governor shall be laid before |
---|
668 | 668 | | the Governor for the Governor’s approbation by the Senate Clerk and Parliamentarian, who shall |
---|
669 | 669 | | enter upon the journal of the Senate the day and date on which the same were so laid before the |
---|
670 | 670 | | Governor. [Amended Jan. 28, 1889; Jan. 7, 1971.] |
---|
671 | 671 | | Presentation and Distribution of Documents. |
---|
672 | 672 | | 21. The committees on Rules of the two branches, acting concurrently, may establish regulations |
---|
673 | 673 | | for the distribution of bills, reports or other documents. Bills, reports or other documents shall be |
---|
674 | 674 | | made available to members electronically and, except for petitions or other documents not |
---|
675 | 675 | | assigned bill numbers, published on the Internet. The committees on Rules of the two branches, |
---|
676 | 676 | | acting concurrently, may make such changes pertaining to the availability of bills, reports or |
---|
677 | 677 | | other documents as they deem necessary for expediting the work of the legislature. |
---|
678 | 678 | | The Clerks of the House of Representatives and the Senate shall be responsible for publishing |
---|
679 | 679 | | the journals of their respective chamber, the book Public Officers of Massachusetts, the |
---|
680 | 680 | | committee book and any other publications per order of the committees on Rules. [Amended Jan. 8, |
---|
681 | 681 | | 1886 ; Jan. 28, 1889 ; Jan. 27, 1911 ; Feb. 19, 1920 ; Jan. 6, 1947 ; Apr. 5, 19 67 ; Jan. 7, 1971; Feb. 12, 2009; Mar. 14, 2013.] |
---|
682 | 682 | | Emergency Measures. |
---|
683 | 683 | | 22. The vote on the preamble of an emergency law, which under the requirements of Article |
---|
684 | 684 | | XLVIII, as amended by Article LXVII of the Amendments of the Constitution shall, upon |
---|
685 | 685 | | request of 2 members of the Senate or of 5 members of the House of Representatives, be taken |
---|
686 | 686 | | by call of the yeas and nays, shall be had after the proposed law has been prepared for final |
---|
687 | 687 | | passage; and neither branch shall vote on the enactment of a bill or on the passage of a resolve |
---|
688 | 688 | | containing an emergency preamble until it has been determined whether the preamble shall |
---|
689 | 689 | | remain or be eliminated. If the bill contains an emergency preamble, a motion to amend the bill |
---|
690 | 690 | | may be received in either branch before the adoption of the emergency preamble, and the 23 |
---|
691 | 691 | | amendment may contain a new emergency preamble. If the 2 branches concur in adopting the |
---|
692 | 692 | | preamble, the bill or resolve shall first be put upon its final passage in the House of |
---|
693 | 693 | | Representatives. If either branch fails to adopt the preamble, notice of its action shall be sent to |
---|
694 | 694 | | the other branch; and the bill or resolve, duly endorsed, shall again be prepared for final passage |
---|
695 | 695 | | without the preamble and without any provision that the bill or the resolve shall take effect |
---|
696 | 696 | | earlier than 90 days after it has become law. Procedure shall be otherwise under the joint rules |
---|
697 | 697 | | and the rules of the Senate and the House of Representatives. [Adopted Feb. 21, 1919. Amended Jan. 30, |
---|
698 | 698 | | 1923; Jan. 7, 1971; Feb. 20, 2007; Feb. 12, 2009.] |
---|
699 | 699 | | 22A. Bills and resolves passed to be engrossed by both branches and before being transmitted by |
---|
700 | 700 | | the clerks to the Legislative Engrossing Division shall be made available to the committees on |
---|
701 | 701 | | Bills in the Third Reading of the two branches, acting jointly, who shall examine them to ensure |
---|
702 | 702 | | accuracy in the text; that the legislation is correct as to form; that references to previous |
---|
703 | 703 | | amendments to any particular law are correct and to ensure proper consistency with the language |
---|
704 | 704 | | of existing statutes. These committees, with the approval of the majority and minority leadership |
---|
705 | 705 | | of both branches may make corrections which are not substantive in nature. The clerks of both |
---|
706 | 706 | | branches shall be immediately notified, in writing, of any such changes. Errors discovered by the |
---|
707 | 707 | | committees of a substantive nature shall be reported to the General Court, which in turn shall |
---|
708 | 708 | | take appropriate action under its rules. Upon completion of examination and possible correction |
---|
709 | 709 | | of any such bills and resolves, the bills and resolves shall be returned to the clerks, who in turn, |
---|
710 | 710 | | shall transmit them to the Legislative Engrossing Division to be prepared for final passage. |
---|
711 | 711 | | [Adopted Sept. 16, 1971.] |
---|
712 | 712 | | Legislative Amendments to the Constitution. |
---|
713 | 713 | | 23. All proposals for amendments to the Constitution referred to a joint committee on the first |
---|
714 | 714 | | annual session of the General Court shall be reported by said committee not later than the last |
---|
715 | 715 | | Wednesday of April in said year, and proposals for amendments to the Constitution referred to a |
---|
716 | 716 | | joint committee subsequent to the last Wednesday in April of the first annual session shall be |
---|
717 | 717 | | reported by said committee not later than the last Wednesday of April in the second session of |
---|
718 | 718 | | the same General Court. The committee shall file its report, either recommending that the |
---|
719 | 719 | | proposal ought to pass or ought not to pass, with any official papers in its possession that relate |
---|
720 | 720 | | thereto, with the Clerk of the Senate. When the time within which said committees are required |
---|
721 | 721 | | to report has expired, all matters upon which no report has been made shall forthwith be placed |
---|
722 | 722 | | in the Journal of the respective branches, with an adverse report under this rule; and shall then be 24 |
---|
723 | 723 | | placed on file in the office of the Clerk of the Senate. For further information of the members of |
---|
724 | 724 | | the Senate and House of Representatives, the respective Clerks shall also place all such matters |
---|
725 | 725 | | under a separate heading in the Calendar of each branch, as soon as is practicable. In each branch |
---|
726 | 726 | | the report shall be read and forthwith placed on file; and no further legislative action shall be |
---|
727 | 727 | | taken on the measure unless consideration in joint session is called for by vote of either branch, |
---|
728 | 728 | | under Section 2 of Part IV of Article XLVIII (as amended by Article LXXXI) of the |
---|
729 | 729 | | Amendments to the Constitution. A joint committee to which is referred any recommendation for |
---|
730 | 730 | | an amendment to the Constitution made by the Governor or contained in a report authorized to |
---|
731 | 731 | | be made to the General Court may report on the recommendation a proposal for a legislative |
---|
732 | 732 | | amendment, which shall be deemed to have been introduced by the member of the Senate who |
---|
733 | 733 | | reports for the committee; and the procedure as regards reporting, filing and subsequent action |
---|
734 | 734 | | shall be that provided for legislative amendments by this rule. Or the joint committee may report |
---|
735 | 735 | | ought not to pass for the reason that no legislation is necessary or that the recommendation ought |
---|
736 | 736 | | not to pass; and in such cases the usual procedure as regards similar reports by joint committees |
---|
737 | 737 | | shall be followed. If such an adverse report is amended in the Senate by substituting a proposal |
---|
738 | 738 | | for a legislative amendment, notice of the Senate's action shall be sent to the House and said |
---|
739 | 739 | | proposal, together with the official papers relating to the subject, shall be in the custody of the |
---|
740 | 740 | | Clerk of the Senate; and if said report is so amended in the House, the proposal, duly endorsed, |
---|
741 | 741 | | together with the other papers, shall be sent to the Senate for its information and shall be kept in |
---|
742 | 742 | | the custody of its Clerk. No further legislative action shall be taken in either branch on a proposal |
---|
743 | 743 | | so substituted unless consideration in joint session is called for under the Constitution. If either |
---|
744 | 744 | | branch calls for the consideration of any proposal in joint session, notice of its action shall be |
---|
745 | 745 | | sent to the other branch; and it shall then be the duty of the Senate and the House of |
---|
746 | 746 | | Representatives to arrange for the holding of the joint session not later than the second |
---|
747 | 747 | | Wednesday in May. Subject to the requirements of the Constitution, joint sessions or |
---|
748 | 748 | | continuances of joint sessions of the 2 branches to consider proposals for specific amendments to |
---|
749 | 749 | | the Constitution, and all rules or procedures, shall be determined only by concurrent votes of the |
---|
750 | 750 | | 2 branches. The rules relative to joint conventions shall apply to the joint sessions of the 2 |
---|
751 | 751 | | houses. [Adopted Feb. 21, 1919. Amended March 30, 1921; April 11, 1935; Jan. 12, 1939; Jan. 15, 1945; Nov. 9, 1951; Jan. |
---|
752 | 752 | | 15, 1973; July 1, 1974; Feb. 12, 2009.] 25 |
---|
753 | 753 | | Executive Reorganization Plans. |
---|
754 | 754 | | 23A. Any reorganization plan, accompanied by a bill, submitted by the Governor under Article |
---|
755 | 755 | | LXXXVII of the Amendments to the Constitution shall be referred by the Clerks of the Senate |
---|
756 | 756 | | and the House, with the approval of the President and Speaker, to a joint standing committee |
---|
757 | 757 | | within 5 days of the presentation of the reorganization plan. |
---|
758 | 758 | | Said committee, to which is referred any such reorganization plan, shall, as required by said |
---|
759 | 759 | | Article, not later than 30 days after the presentation of such plan by the Governor, hold a public |
---|
760 | 760 | | hearing on the reorganization plan; and shall not later than 10 days after such hearing report that |
---|
761 | 761 | | it either approves or disapproves such plan. |
---|
762 | 762 | | When recommending action, the committee shall make, in each branch, a separate report of its |
---|
763 | 763 | | recommendations, and shall file said report together with the committee's recommendations and |
---|
764 | 764 | | the reasons for those recommendations, in writing. Majority and minority reports shall be signed |
---|
765 | 765 | | by the members of said committee. Any official papers in the possession of said committee that |
---|
766 | 766 | | relate thereto shall be filed with the Clerk of the Senate. |
---|
767 | 767 | | If the committee recommends favorable action, the report shall be that the reorganization plan |
---|
768 | 768 | | ‘ought to be approved’. If the committee recommends adverse action, the report shall be that the |
---|
769 | 769 | | reorganization plan ‘ought NOT to be approved’. In each instance, the question shall be ‘Shall |
---|
770 | 770 | | this reorganization plan be approved?’ |
---|
771 | 771 | | In each branch, the report shall be read and forthwith recorded in the Journal. On the legislative |
---|
772 | 772 | | day next following the Journal record, the report shall be placed in the Orders of the Day of the |
---|
773 | 773 | | Senate and the House. |
---|
774 | 774 | | When the time within which a joint committee is required to report on a reorganization plan has |
---|
775 | 775 | | expired, a matter upon which no report has been made shall forthwith be placed in the Orders of |
---|
776 | 776 | | the Day by the Clerks of each branch and the question shall be ‘Shall this reorganization plan be |
---|
777 | 777 | | approved?’. |
---|
778 | 778 | | When such plan is before either branch, no motion relating to said plan shall be allowed except |
---|
779 | 779 | | the motions to lay on the table (only in the Senate), to postpone to a time certain, or to commit or |
---|
780 | 780 | | recommit (at the pleasure of either branch). The motions to take a recess, to adjourn, the previous |
---|
781 | 781 | | question (if provided in the branch debating the issue), to close debate at a specified time, and |
---|
782 | 782 | | the motion to reconsider shall also be in order. 26 |
---|
783 | 783 | | A motion to discharge any committee to which is referred or to which is recommitted a |
---|
784 | 784 | | reorganization plan shall not be in order prior to the expiration of 40 days after the Governor's |
---|
785 | 785 | | presentation of such plan. After the expiration of said 40 days, a motion to discharge a committee |
---|
786 | 786 | | shall be decided by a majority vote of the branch in which the motion is made. |
---|
787 | 787 | | Unless disapproved by a majority vote of the members of either of the 2 branches of the General |
---|
788 | 788 | | Court present and voting, the General Court not having prorogued within 60 days from the date |
---|
789 | 789 | | of presentation by the Governor, the plan shall be approved and shall take effect as provided by |
---|
790 | 790 | | Article LXXXVII of the Amendments to the Constitution. |
---|
791 | 791 | | Within 7 days of the expiration of the 60 days from the date of presentation of said plan by the |
---|
792 | 792 | | Governor, unless the question has already been decided, the Clerks of the Senate and House of |
---|
793 | 793 | | Representatives shall place the plan in the Orders of the Day; and no motions except the motions |
---|
794 | 794 | | to take a recess, to adjourn, and previous question, or to close debate at a specified time, shall be |
---|
795 | 795 | | in order. |
---|
796 | 796 | | No such reorganization plan presented to the General Court shall be subject to change or |
---|
797 | 797 | | amendment before expiration of such 60 days. [Adopted June 13, 1967; Amended March 27, 1969; June 12, |
---|
798 | 798 | | 1995; Feb. 12, 2009.] |
---|
799 | 799 | | Joint Conventions. |
---|
800 | 800 | | 24. The President of the Senate shall preside in Conventions of the 2 branches, and such |
---|
801 | 801 | | Conventions shall be held in the Representatives' Chamber; the Senate Clerk and Parliamentarian |
---|
802 | 802 | | shall be the Clerk of the Convention, and a record of the proceedings of the Convention shall be |
---|
803 | 803 | | entered at large on the journals of both branches. [Amended Feb. 20, 2007.] |
---|
804 | 804 | | 25. When an agreement has been made by the 2 branches to go into Convention, such agreement |
---|
805 | 805 | | shall not be altered or annulled, except by concurrent vote, excepting that it shall be in order to |
---|
806 | 806 | | recess the convention from time to time upon a majority vote of said convention. [Amended Jan. 7, |
---|
807 | 807 | | 1971.] |
---|
808 | 808 | | 26. No business shall be entered on, in Convention, other than that which may be agreed on |
---|
809 | 809 | | before the Convention is formed. |
---|
810 | 810 | | Special Sessions. |
---|
811 | 811 | | 26A. If written statements of 21 members of the Senate and 81 members of the House of |
---|
812 | 812 | | Representatives, that in their opinion it is necessary that the General Court assemble in special 27 |
---|
813 | 813 | | session on a particular date and time specified in their statements during a recess of the General |
---|
814 | 814 | | Court, are filed with their respective Clerks, such Clerks shall forthwith notify all the members |
---|
815 | 815 | | of their respective branches to assemble at the State House in Boston, on said date at the time so |
---|
816 | 816 | | specified. When so assembled, the first business to be taken up shall be the question of the |
---|
817 | 817 | | necessity of so assembling, under Article I of Section I of Chapter I of Part the Second of the |
---|
818 | 818 | | Constitution of the Commonwealth. If 21 members of the Senate and 81 members of the House |
---|
819 | 819 | | of Representatives judge by vote taken by call of the yeas and nays that such assembling of the |
---|
820 | 820 | | General Court is necessary, specifying in such vote the facts constituting such necessity, the |
---|
821 | 821 | | General Court shall then complete its organization as a special session, proceed to the |
---|
822 | 822 | | consideration of the suspension of Joint Rule 12A which if suspended by the required two-thirds |
---|
823 | 823 | | of the members of both branches shall permit the General Court to proceed to the consideration |
---|
824 | 824 | | of matters properly before it. Nothing in this rule shall prevent the General Court from |
---|
825 | 825 | | assembling in any other constitutional manner when it judges necessary. [Adopted Aug. 7, 1939. |
---|
826 | 826 | | Amended March 2, 1943; March 27, 19 69; May 5, 1979; July 17, 2003; July 21 and September 20, 2005.] |
---|
827 | 827 | | Joint Elections. |
---|
828 | 828 | | 27. In all elections by joint ballot a time shall be assigned for such election at least 1 day |
---|
829 | 829 | | previous to such election. |
---|
830 | 830 | | 27A. In all cases of elections by ballot a majority of the votes cast shall be necessary for a |
---|
831 | 831 | | choice, and where there shall be no such a majority on the first ballot the ballots shall be repeated |
---|
832 | 832 | | until a majority is obtained; and in balloting, blanks shall be rejected and not taken into the count |
---|
833 | 833 | | in the enumeration of votes, excepting that when the number of blanks shall be more than the |
---|
834 | 834 | | number of votes received by the candidate having the highest number of votes, then the election |
---|
835 | 835 | | shall be declared void and the balloting shall be repeated as provided herein. [Adopted March 27, |
---|
836 | 836 | | 1969.] |
---|
837 | 837 | | 28. [Omitted March 28, 1972 .] |
---|
838 | 838 | | References to the Committees on Rules. |
---|
839 | 839 | | 29. All motions and orders authorizing joint committees to travel or to employ stenographers, or |
---|
840 | 840 | | authorizing joint committees or special commissions composed as a whole or in part of members |
---|
841 | 841 | | of the General Court to make investigations or to file special reports, all propositions reported by |
---|
842 | 842 | | joint committees which authorize investigations or special reports by joint committees or by |
---|
843 | 843 | | special commissions composed as a whole or in part of members of the General Court, all 28 |
---|
844 | 844 | | motions or orders proposed for joint adoption which provide that information be transmitted to |
---|
845 | 845 | | the General Court, and all matters referred under the second paragraph of Joint Rule 12, shall be |
---|
846 | 846 | | referred without debate to the committees on Rules of the two branches acting concurrently, who |
---|
847 | 847 | | shall report on the matter, under Joint Rule 10. All matters which have been referred under this |
---|
848 | 848 | | rule shall, in each instance, be reported back into the branch making such reference. [Adopted Jan. |
---|
849 | 849 | | 10, 1898. Amended Jan. 20, 1904; Jan. 28, 1913; Feb. 19 and Dec. 22, 1920; April 11, 1935; April 22, 1937; Jan. 27, 1955; Jan. |
---|
850 | 850 | | 30, 1967; Oct. 18, 1971.] |
---|
851 | 851 | | 29A. Meetings of any special commission, special legislative commission, task force or other |
---|
852 | 852 | | group authorized or required by a statute, resolve, rule, or order to make or conduct an |
---|
853 | 853 | | investigation or study of any issue shall be conducted openly and transparently. Meetings of any |
---|
854 | 854 | | special commission, special legislative commission, task force or other group authorized or |
---|
855 | 855 | | required by a statute, resolve, rule, or order to make or conduct an investigation or study of any |
---|
856 | 856 | | issue and which are chaired by members of the general court shall be posted and conducted |
---|
857 | 857 | | pursuant to the rules of the senate and house of representatives and shall be conducted according |
---|
858 | 858 | | to the following requirements: |
---|
859 | 859 | | a.)Meetings shall be open to the public; |
---|
860 | 860 | | b.)Meetings shall be announced by appropriate notice at least 5 days in advance; |
---|
861 | 861 | | c.)Any documents used in a meeting be provided to the public upon request in a manner to |
---|
862 | 862 | | be determined by the chair; |
---|
863 | 863 | | d.)Public testimony shall be accepted in a manner to be determined by the chair; |
---|
864 | 864 | | e.)The chair shall maintain a summary of the subjects discussed at each meeting, a list of |
---|
865 | 865 | | documents and other exhibits used at the meetings, and shall maintain a record of proceedings, |
---|
866 | 866 | | including a record of all votes. For the purposes of this rule a video or audio recording made |
---|
867 | 867 | | available to the public shall be considered an adequate record of the proceedings. [Adopted, Feb. 15, |
---|
868 | 868 | | 2017; Amended Mar. 7, 2019.] |
---|
869 | 869 | | 30. All motions or orders extending the time within which joint committees and the committees |
---|
870 | 870 | | on Rules of the two branches, acting concurrently, are required to report shall be referred without |
---|
871 | 871 | | debate to the committees on Rules of the two branches, acting concurrently, who shall report |
---|
872 | 872 | | recommending what action should be taken on the motion or order. Such extension shall be |
---|
873 | 873 | | granted by a concurrent majority vote if recommended by the committees on Rules of the two |
---|
874 | 874 | | branches, acting concurrently; but no such extension shall be granted, against the 29 |
---|
875 | 875 | | recommendation of the committees, except by a four-fifths vote of the members of each branch |
---|
876 | 876 | | present and voting on the extension. This rule shall not be rescinded, amended or suspended, |
---|
877 | 877 | | except by a concurrent vote of four-fifths of the members of each branch present and voting |
---|
878 | 878 | | thereon. [Adopted Jan. 16, 1903. Amended Feb. 6, 1912; Feb. 19, 1920; Jan. 6, 1947; Jan. 27, 1955; June 7, 1965.] |
---|
879 | 879 | | Members. |
---|
880 | 880 | | 31. A member of either branch who directly or indirectly solicits for such member or others any |
---|
881 | 881 | | position or office within the gift or control of a railroad corporation, street railway company, gas |
---|
882 | 882 | | or electric light company, telegraph or telephone company, aqueduct or water company, or other |
---|
883 | 883 | | public service corporation, shall be subject to suspension for such solicitation, or to such other |
---|
884 | 884 | | penalty as the branch of which the person is a member may see fit to impose. [See G. L. 271, sec. |
---|
885 | 885 | | 40.] [Adopted May 22, 1902.] |
---|
886 | 886 | | Accommodations for Reporters. |
---|
887 | 887 | | 32. Subject to the approval and direction of the committees on Rules of the two branches, acting |
---|
888 | 888 | | concurrently, during the session, and of the President of the Senate and the Speaker of the House |
---|
889 | 889 | | of Representatives after prorogation, the use of the rooms and facilities assigned to reporters in |
---|
890 | 890 | | the State House shall be under the control of the organizations of legislative reporters known as |
---|
891 | 891 | | the Massachusetts State House Press Association and the State House Broadcasters Association. |
---|
892 | 892 | | No person shall be permitted to use such rooms or facilities who is not entitled to the privileges |
---|
893 | 893 | | of the reporters' galleries of the Senate or of the House. Within 10 days after the General Court |
---|
894 | 894 | | convenes the Massachusetts State House Press Association and the State House Broadcasters |
---|
895 | 895 | | Association shall each transmit to the President of the Senate, the Speaker of the House of |
---|
896 | 896 | | Representatives and the Sergeant-at-Arms a list of the legislative reporters with the principal |
---|
897 | 897 | | publication or news service which each represents. [Adopted Jan. 27, 1911. Amended Feb. 24, 1914; Feb. 19, |
---|
898 | 898 | | 1920; April 17, 1925; May 23, 1979; Feb. 12, 2009.] |
---|
899 | 899 | | Suspension of Rules. |
---|
900 | 900 | | 33. Any joint rule except Rule 10 and Rule 30 may be altered, suspended or rescinded by a |
---|
901 | 901 | | concurrent vote of two-thirds of the members of each branch present and voting thereon. [Amended |
---|
902 | 902 | | Feb. 7, 1893. Adopted in revised form Jan. 9, 1899. Amended Jan. 16, 1903; Jan. 26, 2005.] |
---|
903 | 903 | | Audit of Accounts. |
---|
904 | 904 | | 34. The committees on Rules of the two branches, acting concurrently, shall provide that an |
---|
905 | 905 | | outside independent audit of joint financial accounts be conducted by a certified public 30 |
---|
906 | 906 | | accountant no less frequently that at the end of each second fiscal year. A copy of such audit |
---|
907 | 907 | | shall be filed with the Clerks of the Senate and House of Representatives, and made available for |
---|
908 | 908 | | public inspection upon reasonable notice and during regular office hours. [Adopted May 30, 1985.] |
---|
909 | 909 | | 35. The committees on Rules of the two branches, acting concurrently, shall reexamine the Joint |
---|
910 | 910 | | Rules of the House and Senate as needed, but at least every 4 years, and shall report to each |
---|
911 | 911 | | branch any recommendations it may have to facilitate the work of the respective branches and |
---|
912 | 912 | | the joint standing committees. [Adopted June 12, 1995.] |
---|
913 | 913 | | Procurement. |
---|
914 | 914 | | 36. (a) The House Business Manager and Chief Financial Officer of the Senate shall complete |
---|
915 | 915 | | the procurement of all goods and services from the joint legislative account. Procurements for |
---|
916 | 916 | | goods or services shall be made pursuant to a statewide procurement contract established by the |
---|
917 | 917 | | operational services division, to the extent practicable, as determined by the House Business |
---|
918 | 918 | | Manager and the Chief Financial Officer of the Senate. If the Business Manager and the Chief |
---|
919 | 919 | | Financial Officer determine that a procurement cannot be made using a statewide procurement |
---|
920 | 920 | | contract established by the operational services division, they may procure the required goods or |
---|
921 | 921 | | services under subsections (b), (c) or (d). |
---|
922 | 922 | | (b) Procurement of a supply or service from a vendor not on a statewide procurement contract |
---|
923 | 923 | | valued at less than $10,000 shall be made at the discretion of the House Business Manager and |
---|
924 | 924 | | the Chief Financial Officer of the Senate. |
---|
925 | 925 | | (c) If the House Business Manager and the Chief Financial Officer of the Senate seek to procure |
---|
926 | 926 | | a supply or service from a vendor not on a statewide procurement contract valued at $10,000 or |
---|
927 | 927 | | more, but less than $100,000, they shall seek quotations from not fewer than 3 persons providing |
---|
928 | 928 | | such supply or service. The House Business Manager and the Chief Financial Officer of the |
---|
929 | 929 | | Senate shall record the names and addresses of all persons from whom quotations were received, |
---|
930 | 930 | | the names of the persons submitting quotations and the date and amount of each quotation. The |
---|
931 | 931 | | House Business Manager and the Chief Financial Officer of the Senate shall award the contract |
---|
932 | 932 | | to the responsible person whose quotation offers the needed quality of supply or service and |
---|
933 | 933 | | which represents the best value for the General Court. |
---|
934 | 934 | | (d) If the House Business Manager and the Chief Financial Officer of the Senate seek to procure |
---|
935 | 935 | | a supply or service from a vendor not on a statewide procurement contract valued at $100,000 or |
---|
936 | 936 | | more, the House Business Manager and the Chief Financial Officer of the Senate shall seek 31 |
---|
937 | 937 | | proposals through a competitive bid process, which shall be established by the House Business |
---|
938 | 938 | | Manager and the Chief Financial Officer of the Senate. The House Business Manager and the |
---|
939 | 939 | | Chief Financial Officer of the Senate shall include diversity and inclusion plan requirements in |
---|
940 | 940 | | all requests for proposals. |
---|
941 | 941 | | (e) The House Business Manager and the Chief Financial Officer of the Senate shall maintain a |
---|
942 | 942 | | file on each procurement not executed using a statewide procurement contract established by the |
---|
943 | 943 | | operational services division and in excess of $10,000 and shall include in such file all |
---|
944 | 944 | | documents constituting the agreement for goods and services and all documents required by |
---|
945 | 945 | | subsection (c) or (d). The files maintained shall be available for inspection by members of the |
---|
946 | 946 | | General Court during regular business hours unless the information is otherwise protected by |
---|
947 | 947 | | state or federal law. |
---|
948 | 948 | | (f) Whenever the time required to comply with a requirement of this rule would endanger the |
---|
949 | 949 | | health, safety or convenience of the members, staff or visitors to the House of Representatives or |
---|
950 | 950 | | Senate the House Business Manager and the Senate Chief Financial Officer may make an |
---|
951 | 951 | | emergency procurement without satisfying the requirement of this rules; provided, however, that |
---|
952 | 952 | | both the House Business Manager and the Senate Chief Financial Officer certify in writing that: |
---|
953 | 953 | | (i) an emergency exists and explain the nature thereof; (ii) the emergency procurement is limited |
---|
954 | 954 | | to only supplies or services necessary to meet the emergency; (iii) shall conform to the |
---|
955 | 955 | | requirements of rule to the extent practicable under the circumstances; (iv) each contractor’s |
---|
956 | 956 | | name, (v) the amount and the type of each contract; (vi) the supplies or services provided under |
---|
957 | 957 | | each contract; (vii) and basis for determining the need for an emergency procurement. |
---|
958 | 958 | | (g) In addition to the requirements of this rule, all procurements for legal services shall be |
---|
959 | 959 | | approved by the House and Senate Counsel. |
---|
960 | 960 | | (h) If, in the determination of the House Business Manager and the Chief Financial Officer of the |
---|
961 | 961 | | Senate, an emergency procurement of greater than $10,000 is necessary, the House Business |
---|
962 | 962 | | Manager and the Chief Financial Officer of the Senate may procure the goods or services |
---|
963 | 963 | | immediately and create and maintain a file explaining the nature of the emergency and the goods |
---|
964 | 964 | | or services that were procured as a result. The House Business Manager and the Chief Financial |
---|
965 | 965 | | Officer of the Senate shall document the goods or services that were procured, the process used |
---|
966 | 966 | | to procure the goods or services, the vendors that were contacted and any other information |
---|
967 | 967 | | relevant to the procurement, and make that information available to members of the General 32 |
---|
968 | 968 | | Court during regular business hours, unless the information is otherwise protected by state or |
---|
969 | 969 | | federal law. |
---|
970 | 970 | | (i) Any procurement by the House Business Manager and Chief Financial Officer Officer of the |
---|
971 | 971 | | Senate under Rule 36 for over $10,000 either individual or cumulative shall be submitted to the |
---|
972 | 972 | | state comptroller for posting on the Open Checkbook website or its equivalent. [Adopted Mar. 14, |
---|
973 | 973 | | 2013; Amended Feb. 15, 2017; Mar. 7, 2019.] |
---|