1 | 1 | | 1 of 146 |
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2 | 2 | | HOUSE DOCKET, NO. 4447 FILED ON: 2/24/2025 |
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3 | 3 | | HOUSE . . . . . . . . . . . . . . . No. 2024 |
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4 | 4 | | The Commonwealth of Massachusetts |
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5 | 5 | | House of Representatives, February 24, 2025. |
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6 | 6 | | _______________ |
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7 | 7 | | In the One Hundred and Ninety-Fourth General Court |
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8 | 8 | | (2025-2026) |
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9 | 9 | | _______________ |
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10 | 10 | | 1 Ordered, That the rules of the House of Representatives for the years 2025-2026 be |
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11 | 11 | | 2adopted, as follows: |
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12 | 12 | | 3SPEAKER. |
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13 | 13 | | 4 1. The Speaker shall take the Chair at the hour to which the House stands adjourned, call the |
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14 | 14 | | 5members to order, and, on the appearance of a quorum, proceed to business. [1.] |
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15 | 15 | | 6 1A. The House shall not be called to order before the hour of ten o'clock A.M. nor meet |
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16 | 16 | | 7beyond the hour of midnight unless by unanimous consent of the Members present. If there is |
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17 | 17 | | 8unanimous consent to continue meeting past midnight then, the House shall return to the |
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18 | 18 | | 9business then pending; and if no business was pending, to the next order of business. However, if |
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19 | 19 | | 10there is not unanimous consent of the members present to meet beyond the hour of midnight, the 2 of 146 |
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20 | 20 | | 11Speaker shall forthwith, and without further debate, adjourn or recess the House to a time not |
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21 | 21 | | 12earlier than ten o'clock A.M. on the next succeeding calendar day. |
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22 | 22 | | 13 [Adopted Jan. 12, 1983; Amended Jan. 11, 1985; Jan. 12, 1987; Jan. 14, 1997; May 16, |
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23 | 23 | | 142000.] |
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24 | 24 | | 15 2. The Speaker shall preserve decorum and order in the House Chamber. While in the House |
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25 | 25 | | 16Chamber, members, staff and guests shall be required to dress in proper and appropriate attire |
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26 | 26 | | 17and be courteous and professional when using electronic devices. The committee on Operations, |
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27 | 27 | | 18Facilities and Security, in consultation with the Speaker, may establish policies and procedures |
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28 | 28 | | 19for the preservation of decorum and order in the galleries of the House Chamber to ensure that |
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29 | 29 | | 20the House may conduct its business without undue disruption. |
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30 | 30 | | 21 Members, staff and guests shall not take photographs or videos of, or in, the House Chamber |
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31 | 31 | | 22during formal or informal sessions unless otherwise permitted by this Rule. Members may take |
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32 | 32 | | 23photographs at their assigned seats in the chamber during formal or informal sessions; provided, |
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33 | 33 | | 24however, that any photographs or video taken by members during formal or informal sessions |
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34 | 34 | | 25shall not include images of any other member, staff or guest without their express written |
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35 | 35 | | 26consent. |
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36 | 36 | | 27 The Speaker may permit photographs or videos during special occasions, which shall include, |
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37 | 37 | | 28but shall not be limited to, swearing-in ceremonies and addresses by constitutional officers or |
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38 | 38 | | 29other dignitaries. The use of audio-visual aids including, without limitation, videos, computers, |
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39 | 39 | | 30posters, displays or charts shall be permitted only upon approval of the Speaker. 3 of 146 |
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40 | 40 | | 31 The Speaker also may speak to points of order in preference to other members; and shall |
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41 | 41 | | 32decide all questions of order, subject to an appeal to the House. [2.] (2.) [With regard to appeals, |
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42 | 42 | | 33see Rule 77.] |
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43 | 43 | | 34 [Amended Jan. 11, 1985; Jan. 9, 2003; Jan. 20, 2011; Jan. 29, 2015; Jan. 30, 2019.] |
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44 | 44 | | 35 3. The Speaker shall declare all votes, subject to verification as hereinafter provided. [3.] (55.) |
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45 | 45 | | 36[See Rules 49 to 53, inclusive.] |
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46 | 46 | | 37 [Amended Jan. 11, 1985.] |
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47 | 47 | | 38 4. In all cases the Speaker may vote. [4.] (3.) |
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48 | 48 | | 39 [Amended Jan. 11, 1985.] |
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49 | 49 | | 40 4A. There shall be a Speaker pro Tempore. The Speaker pro Tempore shall assist the Speaker |
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50 | 50 | | 41in the coordination of policy development and the ceremonial functions of the House and shall |
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51 | 51 | | 42perform such duties assigned to them by the Speaker. Upon a vacancy in the office of Speaker, |
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52 | 52 | | 43the office of Speaker pro Tempore shall be considered vacant. |
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53 | 53 | | 44 [Adopted Jan. 26, 2005, Amended, Jan. 23, 2007; Jan. 30, 2019.] |
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54 | 54 | | 45 4B. (a) As used in this Rule, the following words shall have the following meanings:- |
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55 | 55 | | 46 “Earned income”, income derived from salaries, wages, tips and commissions for performing |
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56 | 56 | | 47services as an employee of an employer. |
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57 | 57 | | 48 “Unearned income”, all other income that is not earned income. |
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58 | 58 | | 49 (b) The Speaker shall not receive earned income for: 4 of 146 |
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59 | 59 | | 50 (1) affiliating with or being employed by a firm, partnership, association, corporation or other |
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60 | 60 | | 51entity that provides professional services involving a fiduciary relationship; |
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61 | 61 | | 52 (2) permitting their name to be used by such a firm, partnership, association, corporation or |
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62 | 62 | | 53other entity; |
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63 | 63 | | 54 (3) receiving compensation for practicing a profession that involves a fiduciary relationship; |
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64 | 64 | | 55or |
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65 | 65 | | 56 (4) serving as an officer or member of the board of an association, corporation or other entity. |
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66 | 66 | | 57 (c) The provisions of this rule shall take effect on August 1, 2017. |
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67 | 67 | | 58 [Added Feb. 2, 2017; Amended Jan 30, 2019.] |
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68 | 68 | | 59 5. The Speaker may appoint a member to perform the duties of the Chair. In the event the |
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69 | 69 | | 60Speaker fails to appoint a member to perform the duties of the Chair, the Speaker pro Tempore |
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70 | 70 | | 61shall be the Acting Speaker until the Speaker otherwise provides or until a vacancy in the office |
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71 | 71 | | 62of Speaker occurs. In the event that the Speaker pro Tempore is absent or is unable to perform |
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72 | 72 | | 63the duties of Acting Speaker, the Majority Leader, the Assistant Majority Leader, the Second |
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73 | 73 | | 64Assistant Majority Leader or other designee shall be the Acting Speaker. [7.] (4.) |
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74 | 74 | | 65 [Amended April 18, 1979; Jan. 11, 1985; Jan. 14, 1997; Jan. 26, 2005.] |
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75 | 75 | | 66 6. In case of a vacancy in the office of Speaker, or in case the Speaker or the member named |
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76 | 76 | | 67by said Speaker in accordance with the preceding rule is absent at the hour to which the House |
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77 | 77 | | 68stands adjourned, the senior member present shall call the House to order, and shall preside until |
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78 | 78 | | 69a Speaker is elected, which shall be the first business in order. [8.] (5.) 5 of 146 |
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79 | 79 | | 70 [Amended Jan. 11, 1985, Amended, Jan. 23, 2007.] |
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80 | 80 | | 71 7. At the beginning of the first year of the two-year General Court, the Speaker may, unless |
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81 | 81 | | 72the House otherwise directs, appoint a Chaplain; and the Speaker may fill any vacancy in the |
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82 | 82 | | 73office of Chaplain. [7A.] (4.) |
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83 | 83 | | 74 [Amended Jan. 11, 1985; Jan. 29, 2015.] |
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84 | 84 | | 75SCHEDULING. |
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85 | 85 | | 76 7A. There shall be appointed a standing committee on Steering, Policy and Scheduling |
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86 | 86 | | 77consisting of eleven members. The committee shall not be subject to the provisions of Rule 17A, |
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87 | 87 | | 78but shall be authorized to meet from time to time at the call of the Chair for the purpose of |
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88 | 88 | | 79assisting the members of the House of Representatives in identifying the major matters pending |
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89 | 89 | | 80before the General Court, the relative urgency and priority for consideration of such matters, and |
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90 | 90 | | 81alternative methods of responding to such matters by the General Court. Said committee shall |
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91 | 91 | | 82schedule legislative matters in a manner that will provide for an even distribution and orderly |
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92 | 92 | | 83consideration of reports of legislative committees on the daily Calendar. |
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93 | 93 | | 84 The committee on Steering, Policy and Scheduling shall not be authorized to recommend |
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94 | 94 | | 85changes or amendments to legislation or recommend that a matter ought to pass or ought not to |
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95 | 95 | | 86pass, but shall only report asking to be discharged from further consideration of a bill, and |
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96 | 96 | | 87recommending that it be referred or recommitted to another committee; provided, however, that |
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97 | 97 | | 88it shall not recommend that a matter be referred or recommitted to the committee on Rules or the |
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98 | 98 | | 89committees on Rules of the two branches, acting concurrently, or what date a matter shall be |
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99 | 99 | | 90scheduled for consideration by the House and placed in the Orders of the Day. All reports by the |
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100 | 100 | | 91committee on petitions filed or approved by the voters of a city or town, or by the mayor and city 6 of 146 |
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101 | 101 | | 92council, or other legislative body of a city or the town meeting of a town with respect to a law |
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102 | 102 | | 93relating to that city or town shall be read and considered by the House at a formal or informal |
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103 | 103 | | 94session before being accepted, rejected or otherwise acted upon. Any such petition and any |
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104 | 104 | | 95attachment to the petition shall be filed in both paper and electronic format approved by the |
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105 | 105 | | 96Clerk. |
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106 | 106 | | 97 All matters received from the Senate or reported from standing committees of the House and |
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107 | 107 | | 98joint standing committees of the General Court shall, unless subject to provisions of any other |
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108 | 108 | | 99House or joint rules, be referred to the committee on Steering, Policy and Scheduling. All |
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109 | 109 | | 100matters reported by said committee on Steering, Policy and Scheduling recommending that a |
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110 | 110 | | 101matter shall be scheduled for consideration by the House shall be placed in the Orders of the Day |
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111 | 111 | | 102for the next sitting. Said committee may report on a legislative matter within thirty days |
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112 | 112 | | 103following the day the matter was referred. If the committee fails to report a matter within thirty |
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113 | 113 | | 104days following the date of its reference, the Clerk shall place the matter on the Calendar of the |
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114 | 114 | | 105House as if it had been scheduled for consideration by said committee on Steering, Policy and |
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115 | 115 | | 106Scheduling. |
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116 | 116 | | 107 [Adopted Jan. 14, 1997; Amended Jan. 26, 1999; Jan. 24, 2001; Jan. 9, 2003; Jan. 26, 2005.] |
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117 | 117 | | 108 7B. The committee on Rules shall be authorized to originate and report special orders for the |
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118 | 118 | | 109scheduling and consideration of legislation on the floor of the House. Said committee shall not |
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119 | 119 | | 110be subject to the notification provisions contained in Rule 17A but may hold public hearings and |
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120 | 120 | | 111shall accept testimony only from the members of the House. A majority of the members |
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121 | 121 | | 112appointed to the committee shall constitute a quorum. When reported, such orders may be |
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122 | 122 | | 113amended by a two-thirds vote of the members present and voting, and shall be subject to 7 of 146 |
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123 | 123 | | 114approval by a majority of the members of the House present and voting. Debate on the question |
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124 | 124 | | 115on adoption of such orders shall be limited to one hour. No orders adopted pursuant to this |
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125 | 125 | | 116paragraph shall limit the powers of the Speaker as provided in Rules 1 to 6, inclusive. Such |
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126 | 126 | | 117orders shall not be subject to reconsideration. |
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127 | 127 | | 118 The committee on Rules shall not be subject to the provisions of Rule 17A, but may meet in |
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128 | 128 | | 119private to discuss or consider the appointment, discipline or dismissal of any individual the |
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129 | 129 | | 120committee is authorized by law or rule to appoint, discipline or dismiss. |
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130 | 130 | | 121 [Adopted Jan. 14, 1997; Amended Jan. 24, 2001; Feb. 11, 2009; Jan. 30, 2019; Feb. 1, 2023.] |
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131 | 131 | | 122 7C. The committee on Rules may consider and make recommendations designed to improve |
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132 | 132 | | 123and expedite the business and procedures of the House and its committees, and to recommend to |
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133 | 133 | | 124the House any amendments to the Rules deemed necessary; provided that a majority of the |
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134 | 134 | | 125members of the House present and voting shall be required to approve such recommendations. |
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135 | 135 | | 126 The committee shall be privileged to report at any time. |
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136 | 136 | | 127 [Adopted Jan. 14, 1997.] |
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137 | 137 | | 128 7D. The Speaker shall, in consultation with the committee on Rules and the committee on |
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138 | 138 | | 129Steering, Policy and Scheduling, establish a committee scheduling system that minimizes to the |
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139 | 139 | | 130greatest extent possible scheduling conflicts for members of committees. |
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140 | 140 | | 131 The Speaker shall determine a schedule for the House for each week relative to formal and |
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141 | 141 | | 132informal sessions and shall make such schedule available to the members in writing or by |
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142 | 142 | | 133electronic mail by 5:00 P.M. on Friday of the preceding week; provided, however, that the |
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143 | 143 | | 134Speaker may make, notwithstanding the provisions of Rule 7A, changes in the schedules to 8 of 146 |
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144 | 144 | | 135facilitate the business of the House in an efficient and timely fashion. The Speaker shall |
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145 | 145 | | 136communicate notice of any such scheduling change to the members in writing or by electronic |
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146 | 146 | | 137mail as soon as practicable, and whenever possible, the Speaker shall provide such notice not |
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147 | 147 | | 138less than twenty-four hours before the event so rescheduled is set to commence. |
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148 | 148 | | 139 [Adopted Jan. 14, 1997; January 9, 2003; Jan. 30, 2019.] |
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149 | 149 | | 140MONITORS. |
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150 | 150 | | 141 8. Two monitors shall be appointed by the Speaker for each division of the House, whose |
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151 | 151 | | 142duty it shall be to see to the due observance of the rules, and, on request of the Speaker, to return |
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152 | 152 | | 143the number of votes and members in their respective divisions. [9.] |
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153 | 153 | | 144 9. If a member transgresses any of the rules after being notified thereof by a monitor, it shall |
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154 | 154 | | 145be the duty of such monitor to report the case to the House. |
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155 | 155 | | 146 It shall be the duty of a monitor to report their knowledge of the occurrence of a member |
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156 | 156 | | 147voting for another member, in their division of the House, to the Speaker of the House and to the |
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157 | 157 | | 148Minority Leader. [10.] [See Rules 16 and 16A.] |
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158 | 158 | | 149 [Amended Jan. 9, 1991; May 5, 1993; Feb. 11, 2009; Jan. 30, 2019.] |
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159 | 159 | | 150 9A. There shall be established a Floor Division Committee for each of the four divisions of |
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160 | 160 | | 151the House. The Speaker shall appoint a Floor Division chairperson for each of the four divisions. |
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161 | 161 | | 152Said committee shall consist of the members assigned to the respective divisions. |
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162 | 162 | | 153 In order to create a continuous flow of debate, each chairperson shall be responsible for |
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163 | 163 | | 154reviewing the daily Calendar and providing advance notice to committee members in the |
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164 | 164 | | 155respective divisions of all matters scheduled for consideration in the Orders of the Day. Said 9 of 146 |
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165 | 165 | | 156committee chairpersons shall provide information to members of their committees on pending |
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166 | 166 | | 157legislation and other matters of business before the House, and shall serve as the primary liaison |
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167 | 167 | | 158between their respective committees and the Speaker of the House. The committee chairpersons |
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168 | 168 | | 159shall advise the Speaker on operational matters, including session coordination, debate, and |
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169 | 169 | | 160remote voting, as necessary, and other critical business before the House. Said chairpersons shall |
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170 | 170 | | 161facilitate discussions among committee members and ensure that committee members are fully |
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171 | 171 | | 162equipped to engage in informed and productive debate. |
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172 | 172 | | 163 [Adopted Jan. 14, 1997.] |
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173 | 173 | | 164CLERK. |
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174 | 174 | | 165 10. The Clerk shall keep the Journal of the House. The Clerk shall enter therein a record of |
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175 | 175 | | 166each day's proceedings and, whenever practicable, submit it to the Speaker and the Minority |
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176 | 176 | | 167Leader before the hour fixed for the next sitting, and shall cause the same to be available daily in |
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177 | 177 | | 168a format to be determined by the Clerk; and provided further that a copy of said Journal shall |
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178 | 178 | | 169also be made available to each member of the House. Any objection to the Journal shall be made |
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179 | 179 | | 170before the House proceeds to the consideration of the Orders of the Day. [11.] (6.) |
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180 | 180 | | 171 [Amended Jan. 12, 1981; Jan 11, 1985; Jan. 17, 1995; Jan. 9, 2003.] |
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181 | 181 | | 172 10A. The Clerk shall be the official parliamentarian of the House of Representatives. |
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182 | 182 | | 173 [Adopted Jan. 9, 1991.] |
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183 | 183 | | 174 10B. The Clerk shall be the official keeper of records of the House of Representatives for |
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184 | 184 | | 175legislative records that remain in the office of said Clerk at the end of each biennial session, and 10 of 146 |
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185 | 185 | | 176until such time as said records are transferred to the State Archives or destroyed in accordance |
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186 | 186 | | 177with law. |
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187 | 187 | | 178 [Adopted Jan. 29, 2015.] |
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188 | 188 | | 179 11. Every question of order with the decision thereof shall be entered at large in the Journal, |
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189 | 189 | | 180and shall be noted in an appendix, which shall also contain the rules of the House and of the two |
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190 | 190 | | 181branches. [12.] (6.) |
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191 | 191 | | 182 12. The Clerk shall prepare and make available on each day of formal session a Calendar of |
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192 | 192 | | 183matters in order for consideration and such other memoranda as the House or the Speaker may |
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193 | 193 | | 184direct. The Clerk shall prepare a Calendar on which shall appear any question on passage of a |
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194 | 194 | | 185bill or resolve notwithstanding the objections of Their Excellency the Governor which may be |
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195 | 195 | | 186considered forthwith at the direction of the House or Speaker. |
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196 | 196 | | 187 When, in the determination of the Clerk, a volume of matters exists for the next legislative |
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197 | 197 | | 188day, the Clerk shall be authorized to prepare and cause to be made available an advance calendar |
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198 | 198 | | 189of the matters in order of consideration for the next legislative day and such other memoranda as |
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199 | 199 | | 190the House or Speaker may direct. The Clerk may indicate on the advance calendar that the |
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200 | 200 | | 191matters contained therein are subject to change. |
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201 | 201 | | 192 The Clerk shall be authorized to dispense with preparing and making available a Calendar for |
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202 | 202 | | 193designated formal sessions of the House only after two-thirds of the members present and voting |
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203 | 203 | | 194consent thereto on a recorded yea and nay vote. Debate on this question shall be limited to fifteen |
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204 | 204 | | 195minutes, no member shall speak more than three minutes, and such question shall not be subject |
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205 | 205 | | 196to reconsideration. 11 of 146 |
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206 | 206 | | 197 The Clerk shall dispense with preparing and making available a Calendar for designated |
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207 | 207 | | 198Informal Sessions of the House. |
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208 | 208 | | 199 As soon as practicable whenever the Clerk prepares a Calendar or advance Calendar under |
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209 | 209 | | 200this rule, they shall also cause a true copy thereof to be posted on the website of the General |
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210 | 210 | | 201Court that is generally available to all members and their staff, and reasonably promptly |
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211 | 211 | | 202thereafter the Clerk shall cause the members and their staff to be notified of the same by way of |
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212 | 212 | | 203electronic mail. [13.] (7.) |
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213 | 213 | | 204 [Amended Jan. 12, 1983; Jan. 11, 1985; Jan. 12, 1987; May 5, 1993; Jan. 17, 1995; Jan. 24, |
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214 | 214 | | 2052001; Jan. 9, 2003; Jan. 26, 2005, Jan. 23, 2007; Jan. 30, 2019; Feb. 1, 2023.] |
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215 | 215 | | 206 13. Any objection to the Calendar shall be made and disposed of before the House proceeds to |
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216 | 216 | | 207the consideration of the Orders of the Day. [14.] |
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217 | 217 | | 208 13A. The Clerk shall make available to all members electronically and, to the public via the |
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218 | 218 | | 209website of the General Court, the text of all dockets and bills introduced and admitted for |
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219 | 219 | | 210consideration in the House. |
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220 | 220 | | 211 [Adopted, Feb. 11, 2009; Jan. 30, 2019; July 7, 2021; Feb. 1, 2023.] |
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221 | 221 | | 212COUNSEL. |
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222 | 222 | | 213 13B. (a) The House shall employ a full-time Counsel pursuant to section 51 of chapter 3 of |
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223 | 223 | | 214the General Laws. The committee on Rules shall appoint a qualified person to act as Counsel at |
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224 | 224 | | 215such compensation as the committee on Rules shall approve. |
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225 | 225 | | 216 Counsel shall serve a term of two years from the date of appointment, unless the Counsel |
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226 | 226 | | 217sooner resigns, retires or is removed; provided, however, that the Counsel may only be removed: 12 of 146 |
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227 | 227 | | 218(i) for misfeasance, malfeasance or nonfeasance, as determined by the Director of Human |
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228 | 228 | | 219Resources appointed pursuant to Rule 90 and approved by a majority vote of the committee on |
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229 | 229 | | 220Rules; or (ii) by a majority roll call vote of the House. |
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230 | 230 | | 221 Counsel may employ such legal and other assistants as may be necessary in the discharge of |
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231 | 231 | | 222Counsel’s duties, subject to the approval of the committee on Rules, and may expend with like |
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232 | 232 | | 223approval such sums as may be necessary for the discharge of their duties. |
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233 | 233 | | 224 (b) Counsel shall be the chief legal officer of the House and shall perform all duties generally |
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234 | 234 | | 225required of a counsel to an organization and specifically those required pursuant to any general |
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235 | 235 | | 226or special law, rule, regulation, or order of the House. Counsel shall provide legal and legislative |
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236 | 236 | | 227drafting services to all members regardless of party or seniority. |
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237 | 237 | | 228 [Added Jan. 30, 2019.] |
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238 | 238 | | 229HOUSE BUSINESS MANAGER. |
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239 | 239 | | 230 13C. (a) The House shall employ a full-time House Business Manager. The committee on |
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240 | 240 | | 231Operations, Facilities and Security shall appoint a qualified person to act as House Business |
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241 | 241 | | 232Manager at such compensation as the committee on Operations, Facilities and Security shall |
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242 | 242 | | 233approve. |
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243 | 243 | | 234 Subject to the approval of the committee on Operations, Facilities and Security, the House |
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244 | 244 | | 235Business Manager may employ such assistants as may be necessary in the discharge of their |
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245 | 245 | | 236duties and may expend with like approval such sums as may be necessary for the discharge of |
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246 | 246 | | 237their duties. 13 of 146 |
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247 | 247 | | 238 (b) The House Business Manager shall be the chief finance manager of the House and shall |
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248 | 248 | | 239report to the committee on Operations, Facilities and Security, which shall provide oversight of |
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249 | 249 | | 240the House Business Manager generally and approval of any decisions made by the House |
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250 | 250 | | 241Business Manager having a substantial impact on the House of Representatives, as determined |
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251 | 251 | | 242by the committee. The House Business Manager shall perform all duties generally required of a |
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252 | 252 | | 243finance manager to an organization and specifically those required pursuant to House Rules or as |
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253 | 253 | | 244directed by the committee on Operations, Facilities and Security. Such duties shall include, |
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254 | 254 | | 245without limitation, overseeing the provision of outside, independent audits of House financial |
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255 | 255 | | 246accounts pursuant to House Rule 85A; the execution and management of all procurements |
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256 | 256 | | 247pursuant to House Rule 87; the maintenance of and adherence to internal control policies and |
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257 | 257 | | 248procedures related to the House’s finances and administration; and the maintenance of House |
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258 | 258 | | 249invoices, receipts, vouchers, contracts, and related documentation. |
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259 | 259 | | 250MEMBERS. |
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260 | 260 | | 251 14. No member shall stand up, to the inconvenience of others, while a member is speaking; or |
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261 | 261 | | 252be involved in disturbing conversation while another member is speaking in debate; or pass |
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262 | 262 | | 253unnecessarily between the Speaker of the House and the member speaking; or stand in the |
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263 | 263 | | 254passages, or in the area in front of the Chair; or stand at the Clerk’s desk while a roll call is in |
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264 | 264 | | 255progress. [16.] |
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265 | 265 | | 256 [Amended Jan. 12, 1987; Jan. 9, 1989; Jan. 26, 1999.] |
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266 | 266 | | 257 14A. [Adopted Feb. 11, 2009; Omitted Jan. 29, 2015.] |
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267 | 267 | | 258 15. When it appears to the Chair that the presence of a quorum is endangered, the Chair shall |
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268 | 268 | | 259order the doors closed. If a quorum is doubted the Chair shall order the doors closed and 14 of 146 |
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269 | 269 | | 260thereafter no member shall enter or leave the House until an initial determination has been made |
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270 | 270 | | 261as to the presence of a quorum or lack thereof; and thereafter, provided that no quorum is |
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271 | 271 | | 262present, no member shall leave the House unless by permission of the Chair, but members shall |
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272 | 272 | | 263be admitted, at any time. |
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273 | 273 | | 264 Upon the doubting of a quorum and after ascertaining that a quorum is not present, the |
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274 | 274 | | 265Speaker may order a recorded attendance roll call to be taken by use of the electronic roll call |
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275 | 275 | | 266system. |
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276 | 276 | | 267 Said roll call, if ordered, shall be taken at a time determined by the Speaker. |
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277 | 277 | | 268 Members answering a quorum call shall vote “YES” on the roll call system. [17.] (11.) |
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278 | 278 | | 269 [Amended Jan. 12, 1981; Feb. 22, 1982; Jan. 12, 1983; Jan. 12, 1987; Jan. 9, 1991.] |
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279 | 279 | | 270ETHICS. |
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280 | 280 | | 271 16. There shall be appointed a committee on Ethics as authorized by Rule 17. The committee |
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281 | 281 | | 272shall consist of 11 members, 7 of whom shall be appointed by the Speaker, 4 of whom shall be |
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282 | 282 | | 273appointed by the Minority Leader. |
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283 | 283 | | 274 A member appointed to the committee shall not be considered to be a member of the |
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284 | 284 | | 275committee subsequent to the declaration of candidacy for any other state or federal elective |
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285 | 285 | | 276office. |
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286 | 286 | | 277 The committee shall investigate and evaluate, (i) at the direction of the Speaker, (ii) by a |
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287 | 287 | | 278sworn written complaint filed and delivered by a member, officer or employee to the chair, (iii) |
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288 | 288 | | 279or by a majority vote of the members appointed to the Ethics committee, any matters relative to |
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289 | 289 | | 280alleged violations of Rule 16A by a member, officer or employee. 15 of 146 |
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290 | 290 | | 281 Upon the receipt of a sworn written complaint, at the direction of the Speaker or by a majority |
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291 | 291 | | 282vote of the members appointed to the Ethics committee, the committee shall notify any person |
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292 | 292 | | 283named of the nature of the alleged violation and a list of prospective witnesses, and also shall |
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293 | 293 | | 284notify said person of the final disposition and the recommendations, if any, of the committee. |
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294 | 294 | | 285 Any member, officer, or employee of the House named relative to an alleged violation shall |
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295 | 295 | | 286be afforded the opportunity to appear before the committee on Ethics with counsel. |
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296 | 296 | | 287 All proceedings including the filing of the initial complaint shall be considered confidential |
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297 | 297 | | 288information. |
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298 | 298 | | 289 If the alleged violation received in the manner described above is deemed to have merit by a |
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299 | 299 | | 290majority vote of the members appointed to the committee, the committee shall file a report with |
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300 | 300 | | 291the Clerk of the House. Said report shall be a public document. The committee shall not disclose |
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301 | 301 | | 292any allegation deemed to be frivolous or without merit. |
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302 | 302 | | 293 If a majority appointed finds that any member, officer, or employee of the House has violated |
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303 | 303 | | 294any provision of Rule 16A, a majority appointed may, in the case of a member, recommend a |
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304 | 304 | | 295reprimand, censure, removal from a committee or position of authority, including leadership, |
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305 | 305 | | 296chair or vice chair, or expulsion; and in the case of an officer or employee, a majority appointed |
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306 | 306 | | 297may recommend a reprimand, suspension, or removal from employment. |
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307 | 307 | | 298 Should such an alleged violation be filed with the committee regarding a member or members |
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308 | 308 | | 299of the House Ethics committee, said member or members shall not participate in the committee |
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309 | 309 | | 300deliberations on said alleged violation. 16 of 146 |
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310 | 310 | | 301 Any member, officer, or employee of the House may request in writing from the House |
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311 | 311 | | 302committee on Ethics or from the Counsel to the House appointed pursuant to Rule 13B a |
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312 | 312 | | 303confidential written advisory opinion on the requirements of chapters 268A and 268B of the |
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313 | 313 | | 304General Laws as well as an opinion on any other general or special law, rule or regulation |
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314 | 314 | | 305applicable to their official position or concerning any contemplated personal action which may |
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315 | 315 | | 306conflict with their official position. The committee on Ethics or the Counsel to the House shall |
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316 | 316 | | 307issue confidential written advisory opinions and clarification in response to said written request. |
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317 | 317 | | 308 No member, officer or employee of the House shall be penalized in any manner for having |
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318 | 318 | | 309acted within the guidelines of a written advisory opinion from the House committee on Ethics or |
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319 | 319 | | 310from the Counsel to the House appointed pursuant to Rule 13B, provided that all pertinent facts |
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320 | 320 | | 311are stated in the request for an advisory opinion. |
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321 | 321 | | 312 A written advisory opinion from the House committee on Ethics or from the Counsel to the |
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322 | 322 | | 313House appointed pursuant to Rule 13B shall be a defense in any proceeding arising from said |
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323 | 323 | | 314opinion or advice unless material facts were omitted or misstated by the person in the request of |
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324 | 324 | | 315the opinion. |
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325 | 325 | | 316 The chair of the Ethics committee may convene the committee at any time. |
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326 | 326 | | 317 The chair shall also convene the committee at the written request of at least 5 members of the |
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327 | 327 | | 318committee. |
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328 | 328 | | 319 The committee may, upon the written and signed report of two-thirds of the members of the |
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329 | 329 | | 320committee, file a special report containing legislation without said legislation being founded |
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330 | 330 | | 321upon petition which shall be referred under the provisions of Rule 24 and consistent with the |
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331 | 331 | | 322provisions of Joint Rule 13, to the appropriate joint standing committee. Any special report 17 of 146 |
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332 | 332 | | 323containing legislation filed pursuant to this paragraph shall be germane to subject matters |
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333 | 333 | | 324regularly considered by the committee. The committee shall not include in any such special |
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334 | 334 | | 325report a bill that would have a fiscal impact as described in Rule 33. |
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335 | 335 | | 326 Upon convening of the first annual session of the General Court and after the adoption of |
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336 | 336 | | 327rules, all members, officers and employees of the House shall be provided with a current copy of |
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337 | 337 | | 328the Code of Ethics contained in Rule 16A. [19.] (12A.) |
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338 | 338 | | 329 [Amended Jan. 12, 1987; May 5, 1993; Jan. 17, 1995; Mar. 6, 1995; Jan. 14, 1997; Jan. 20, |
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339 | 339 | | 3302011; Feb. 11, 2009; Jan. 29, 2015; Jan. 30, 2019; July 7, 2021.] |
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340 | 340 | | 331CODE OF ETHICS. |
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341 | 341 | | 332 16A. (1.) While members, officers and employees should not be denied those opportunities |
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342 | 342 | | 333available to all other citizens to acquire and retain private, economic and other interests; |
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343 | 343 | | 334members, officers, and employees should exercise prudence in any and all such endeavors and |
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344 | 344 | | 335make every reasonable effort to avoid transactions, activities, or obligations, which are in |
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345 | 345 | | 336substantial conflict with or will substantially impair their independence of judgment. |
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346 | 346 | | 337 (2.) No member, officer or employee shall solicit or accept any compensation or political |
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347 | 347 | | 338contribution other than that provided for by law for the performance of official legislative duties. |
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348 | 348 | | 339 (3.) No member, officer or employee shall serve as a legislative agent as defined in section 39 |
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349 | 349 | | 340of chapter 3 of the General Laws regarding any legislation before the General Court. |
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350 | 350 | | 341 (4.) No member, officer or employee shall receive any compensation or permit any |
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351 | 351 | | 342compensation to accrue to their beneficial interest by virtue of influence improperly exerted from |
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352 | 352 | | 343their official position in the House. 18 of 146 |
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353 | 353 | | 344 (5.) No member, officer or employee shall accept employment or engage in any business or |
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354 | 354 | | 345professional activity, which will require the disclosure of confidential information gained in the |
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355 | 355 | | 346course of, and by reason of, their official position. |
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356 | 356 | | 347 (6.) No member, officer or employee shall willfully and knowingly disclose or use |
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357 | 357 | | 348confidential information gained in the course of their official position to further their own |
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358 | 358 | | 349economic interest or that of any other person. |
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359 | 359 | | 350 (7.) Except as provided in Rule 49, no member shall cast a vote for any other member, nor |
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360 | 360 | | 351shall any officer or employee vote for any member, except that the Clerk or an assistant Clerk |
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361 | 361 | | 352may record a vote for a member who votes late under the provisions of Rule 52, or is prohibited |
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362 | 362 | | 353from voting from his desk due to a malfunction of the electronic roll call voting system; provided |
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363 | 363 | | 354the Clerk's action shall not be construed as voting for said member. |
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364 | 364 | | 355 (8.) No member shall use profane, insulting, or abusive language in the course of public |
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365 | 365 | | 356debate in the House Chamber or in testimony before any committee of the General Court. |
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366 | 366 | | 357 (9.) No member, officer or employee shall employ anyone from public funds who does not |
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367 | 367 | | 358perform tasks which contribute substantially to the work of the House and which are |
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368 | 368 | | 359commensurate with the compensation received. Unless their personnel record indicates |
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369 | 369 | | 360otherwise, no officer or full-time employee of the House shall engage in any outside business |
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370 | 370 | | 361activity during regular business hours, whether the House is in session or not, and all employees |
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371 | 371 | | 362of the House are assumed to be full-time. |
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372 | 372 | | 363 (10.) No member, officer or employee shall accept or solicit compensation for non-legislative |
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373 | 373 | | 364services which is in excess of the usual and customary value of such services. 19 of 146 |
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374 | 374 | | 365 (11.) No member, officer or employee shall accept or solicit an honorarium for a speech, |
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375 | 375 | | 366writing for publication, or other activity from any person, organization or enterprise having a |
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376 | 376 | | 367direct interest in legislation or matters before any agency, authority, board or commission of the |
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377 | 377 | | 368Commonwealth which is in excess of the usual and customary value of such services. |
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378 | 378 | | 369 (12.) No member, officer or employee shall knowingly accept any gifts from any legislative |
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379 | 379 | | 370or executive agent as prohibited by law. No member, officer or employee shall knowingly accept |
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380 | 380 | | 371any gift from any person or entity having a direct interest in legislation before the General Court |
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381 | 381 | | 372as prohibited by law. (For the purposes of this paragraph, the terms “gift” and “person” shall be |
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382 | 382 | | 373the same as their definitions in section 1 of chapter 268B of the General Laws). |
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383 | 383 | | 374 (13.) No member shall convert campaign funds to personal use in excess of reimbursements |
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384 | 384 | | 375for legitimate and verifiable campaign expenditures. Members shall consider all proceeds from |
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385 | 385 | | 376testimonial dinners and other fundraising activities as campaign funds. |
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386 | 386 | | 377 (14.) No member shall serve on any committee or vote on any question in which their private |
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387 | 387 | | 378right is immediately concerned, distinct from the public interest. [19.] |
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388 | 388 | | 379 (15.) No member, officer or employee shall violate the confidentiality of any proceeding |
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389 | 389 | | 380before the Ethics committee. [19A.] |
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390 | 390 | | 381 (16.) Members, officers and employees may utilize public resources to support charitable and |
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391 | 391 | | 382community service activities consistent with the Conflict of Interest Law, G.L. c. 268A, pursuant |
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392 | 392 | | 383to policies established by committee on Human Resources and Employee Engagement pursuant |
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393 | 393 | | 384to Rule 90(h)(2). 20 of 146 |
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394 | 394 | | 385 [Amended Jan. 12, 1981; May 5, 1993; Jan. 24, 2001; Feb. 11, 2009; Jan. 29, 2015; Jan. 30, |
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395 | 395 | | 3862019; Jul. 7, 2021; Feb. 1, 2023.] |
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396 | 396 | | 387 16B. The committee on Human Resources and Employee Engagement shall develop and |
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397 | 397 | | 388conduct an ethics law training program for every member, officer and employee of the House; |
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398 | 398 | | 389provided further, that said training program shall include, without limitation, a review of the |
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399 | 399 | | 390requirements and prohibitions of chapter 268A and chapter 268B of the General Laws, and the |
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400 | 400 | | 391regulations of the State Ethics Commission, as they apply to legislators and legislative staff; and |
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401 | 401 | | 392provided further, that said training program shall be offered virtually or in-person and shall be |
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402 | 402 | | 393mandatory for all members, officers and employees. |
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403 | 403 | | 394 [Adopted Jan. 9, 2003, Amended Feb. 11, 2009; Jan 20, 2011; Jul. 7, 2021.] |
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404 | 404 | | 395 16C. Bills involving lobbyists’ reporting laws, and laws pertaining to the ethical conduct of |
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405 | 405 | | 396public officials shall, after their first reading, be referred to the committee on Ethics, for report |
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406 | 406 | | 397on their relation to the ethics laws of the Commonwealth. No new provisions shall be added to |
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407 | 407 | | 398such measures by the committee, unless directly pertaining to ethics. [Adopted Feb. 11, 2009.] |
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408 | 408 | | 399COMMITTEES. |
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409 | 409 | | 400 17. At the beginning of the first year of the two-year General Court, standing committees |
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410 | 410 | | 401shall be appointed as follows: |
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411 | 411 | | 402 A committee on Rules; |
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412 | 412 | | 403 (to consist of 15 members). |
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413 | 413 | | 404 A committee on Ways and Means; 21 of 146 |
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414 | 414 | | 405 (to consist of 35 members). |
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415 | 415 | | 406 A committee on Bills in the Third Reading; |
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416 | 416 | | 407 (to consist of 3 members). |
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417 | 417 | | 408 A committee of each Floor Division; |
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418 | 418 | | 409 (to consist of the members of each division). |
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419 | 419 | | 410 A committee on Ethics; |
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420 | 420 | | 411 (to consist of 11 members). |
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421 | 421 | | 412 A committee on Human Resources and Employee Engagement; |
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422 | 422 | | 413 (to consist of 13 members). |
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423 | 423 | | 414 A committee on Post Audit and Oversight; |
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424 | 424 | | 415 (to consist of 11 members). |
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425 | 425 | | 416 A committee on Steering, Policy and Scheduling; |
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426 | 426 | | 417 (to consist of 11 members). |
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427 | 427 | | 418 A committee on Climate Action and Sustainability; |
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428 | 428 | | 419 (to consist of 11 members). |
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429 | 429 | | 420 A committee on Federal Funding, Policy and Accountability; |
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430 | 430 | | 421(to consist of 11 members). 22 of 146 |
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431 | 431 | | 422 A committee on Operations, Facilities and Security; |
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432 | 432 | | 423(to consist of 11 members). |
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433 | 433 | | 424 A committee on Intergovernmental Affairs; |
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434 | 434 | | 425(to consist of 11 members). |
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435 | 435 | | 426 Committee meetings, insofar as practicable, shall not be scheduled in conflict with formal |
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436 | 436 | | 427sessions of the House of Representatives. [20.] (12, 12A, 12B.) |
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437 | 437 | | 428 [Amended March 6, 1979; Sept. 16, 1981; Jan. 11, 1985; Jan. 12, 1987; May 5, 1993; Oct. 6, |
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438 | 438 | | 4291993; May 23, 1996; Jan. 14, 1997; Jul. 17, 2003; Jan. 26, 2005, Feb. 11, 2009; Jan. 29, 2015; |
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439 | 439 | | 430Jul. 7, 2021.] |
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440 | 440 | | 431 17A. (a) For the purposes of this rule, the following terms shall, unless the context clearly |
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441 | 441 | | 432requires otherwise, have the following meanings: |
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442 | 442 | | 433 “Deliberation”, a verbal exchange between a quorum of members of a committee attempting |
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443 | 443 | | 434to arrive at a decision on any public business within its jurisdiction. |
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444 | 444 | | 435 “Emergency”, a sudden generally unexpected occurrence or set of circumstances demanding |
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445 | 445 | | 436immediate action. |
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446 | 446 | | 437 “Executive conference”, any meeting or part of a meeting of a committee which is closed to |
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447 | 447 | | 438certain persons for deliberation on certain matters. |
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448 | 448 | | 439 “Executive session”, any meeting or part of a meeting of a committee wherein the committee |
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449 | 449 | | 440is voting on legislation and where public participation is limited to observance. 23 of 146 |
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450 | 450 | | 441 “Meeting”, any corporal convening and deliberation of a committee for which a quorum is |
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451 | 451 | | 442required in order to make a decision at which any public policy matter over which the committee |
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452 | 452 | | 443has supervision, control, jurisdiction or advisory power is discussed or considered; provided, |
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453 | 453 | | 444however, that “meeting” shall not include an on-site visitation or inspection of any project or |
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454 | 454 | | 445program. |
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455 | 455 | | 446 “Quorum”, a simple majority of a committee unless otherwise defined by constitution, rule or |
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456 | 456 | | 447law applicable to such committee; provided further, that a quorum shall be presumed to be |
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457 | 457 | | 448present unless otherwise doubted. |
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458 | 458 | | 449 (b) All meetings, except executive conferences, of House standing and special committees, |
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459 | 459 | | 450shall be open to the public and any person shall be permitted to attend any meeting except as |
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460 | 460 | | 451otherwise provided pursuant to this rule or Rule 7A. All meetings of House standing and special |
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461 | 461 | | 452committees open to the public shall be conducted in-person with the option of remote |
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462 | 462 | | 453participation available to the public; provided, however, that the members of such committees |
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463 | 463 | | 454shall be physically present at the hearing location where in-person public testimony is offered. |
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464 | 464 | | 455All House standing and special committees, in the conduct of their hearings, shall utilize, to the |
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465 | 465 | | 456extent practicable, online platforms or systems that allow for synchronous, audio-visual |
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466 | 466 | | 457communication between the members of the committee and individuals offering testimony |
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467 | 467 | | 458remotely. All hearings of House standing and special committees shall be publicly livestreamed |
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468 | 468 | | 459on the official website of the General Court which shall display and transmit, in real-time, the |
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469 | 469 | | 460audio-visual attributes of public testimony offered remotely; provided further, that said |
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470 | 470 | | 461livestream shall be archived on the official website of the General Court for the duration of the |
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471 | 471 | | 462legislative session. The chair of any House standing or special committee conducting a hearing |
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472 | 472 | | 463shall use best efforts to prioritize the testimony of those physically present at the hearing location 24 of 146 |
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473 | 473 | | 464and may, in their discretion, allow individuals participating in-person a greater amount of time to |
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474 | 474 | | 465testify than those participating remotely. All notices of hearings shall include instructions on how |
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475 | 475 | | 466to offer testimony both in-person and remotely. The chair of all House standing and special |
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476 | 476 | | 467committees shall record the attendance of members during committee hearings and shall cause |
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477 | 477 | | 468the attendance to be published on the official website of the General Court alongside the |
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478 | 478 | | 469livestream of the hearing archived on said website. |
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479 | 479 | | 470 No quorum of a committee shall meet in private for the purpose of deliberation except as |
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480 | 480 | | 471provided pursuant to this rule. |
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481 | 481 | | 472 No executive session shall be held until: (i) the committee has first convened in an open |
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482 | 482 | | 473session for which notice has been given; (ii) the presiding officer has stated the authorized |
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483 | 483 | | 474purpose of the executive session; (iii) a majority of the members of the committee present have |
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484 | 484 | | 475voted to go into executive session and the vote of each member has been recorded on a roll call |
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485 | 485 | | 476vote and entered into the minutes: and (iv) the presiding officer has stated before the executive |
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486 | 486 | | 477session if the committee will reconvene after the executive session. |
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487 | 487 | | 478 (c) Executive conferences shall be held only for the following purposes: (i) to discuss the |
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488 | 488 | | 479reputation, character, physical condition or mental health rather than the professional |
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489 | 489 | | 480competence of a member, officer or employee; (ii) to consider the discipline or dismissal of, or to |
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490 | 490 | | 481hear complaints or charges brought against a member, officer or employee; (iii) to discuss |
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491 | 491 | | 482strategy with respect to litigation if an executive session or other open meeting may have a |
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492 | 492 | | 483detrimental effect on the legal position of the committee; or (iv) to consider the purchase, |
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493 | 493 | | 484exchange, lease or value of real property, if such discussions may have a detrimental effect on |
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494 | 494 | | 485the negotiating position of the Commonwealth or a person, firm or corporation. 25 of 146 |
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495 | 495 | | 486 A member, officer or employee subject to an executive conference pursuant to clause (i) or |
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496 | 496 | | 487clause (ii) shall be notified in writing no less than 48 hours prior to the proposed executive |
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497 | 497 | | 488conference; provided, however, that upon agreement of the parties involved, the notification |
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498 | 498 | | 489requirements of clause (i) and clause (ii) may be waived. Upon request of the member, officer or |
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499 | 499 | | 490employee subject to an executive conference pursuant to clause (i) or clause (ii) the executive |
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500 | 500 | | 491conference shall be open to the public. |
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501 | 501 | | 492 A member, officer or employee subject to an executive conference pursuant to clause (i) or |
---|
502 | 502 | | 493clause (ii) shall have the right to: (a) be present at such executive conference during discussions |
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503 | 503 | | 494or considerations which involve that member, officer or employee; (b) have counsel or a |
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504 | 504 | | 495representative of their own choosing present and attending for the purpose of advising said |
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505 | 505 | | 496member, officer or employee; provided, however, that said counsel or representative shall not |
---|
506 | 506 | | 497actively participate in the executive conference; and (c) to speak on their own behalf to the |
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507 | 507 | | 498committee assembled in executive conference. |
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508 | 508 | | 499 (d) This rule shall not apply to any chance meeting or social meeting at which matters relating |
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509 | 509 | | 500to official business are discussed so long as no final agreement is reached. No chance meeting or |
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510 | 510 | | 501social meeting shall be used in circumvention of the spirit or requirements of this section to |
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511 | 511 | | 502discuss or act upon a matter over which the committee has supervision, control, jurisdiction, or |
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512 | 512 | | 503advisory power. |
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513 | 513 | | 504 (e) Except pursuant to an emergency, a notice and agenda of every meeting of a committee |
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514 | 514 | | 505subject to this rule shall be filed with the Clerk of the House, publicly posted by the Clerk on the |
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515 | 515 | | 506bulletin board outside the Clerk’s Office and in such other places as are designated in advance |
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516 | 516 | | 507for such purpose by said Clerk, made available to all members electronically and made available 26 of 146 |
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517 | 517 | | 508to the public via the website of the General Court at least 72 hours prior to the time of such |
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518 | 518 | | 509meeting and a list of the bills, petitions, and resolutions to be considered for a vote or other |
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519 | 519 | | 510action by the committee. The notice shall include the date, time and place of such meeting. Such |
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520 | 520 | | 511filing and posting shall be the responsibility of the committee scheduling such meeting. If public |
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521 | 521 | | 512testimony is being solicited, agendas shall include an electronic mail address and physical mail |
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522 | 522 | | 513address for the submission of testimony and instructions on how the public may participate |
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523 | 523 | | 514remotely, and the committee shall make reasonable efforts to ensure diversity among those from |
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524 | 524 | | 515whom testimony is solicited. The notice and posting requirements shall not apply to executive |
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525 | 525 | | 516conferences held pursuant to clause (i) or clause (ii) of subsection (c) of this rule unless the |
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526 | 526 | | 517member, officer or employee subject to the executive conference requests that the executive |
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527 | 527 | | 518conference be open to the public. |
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528 | 528 | | 519 (f) A committee shall maintain accurate records of its meetings and hearings setting forth the |
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529 | 529 | | 520date, time and place thereof, and recording any action taken at each meeting, hearing, executive |
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530 | 530 | | 521conference or executive session. All votes requested to be taken in executive sessions shall be |
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531 | 531 | | 522recorded roll call votes and shall become a part of the record of said executive sessions. The |
---|
532 | 532 | | 523record of each meeting shall be available to the public on the official website of the General |
---|
533 | 533 | | 524Court; provided, however, that the records of any executive conference shall remain confidential |
---|
534 | 534 | | 525as long as publication may defeat the lawful purposes of the executive conference. |
---|
535 | 535 | | 526 (g) Upon prior notification and approval of the chair, a meeting of a committee may be |
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536 | 536 | | 527recorded by a person in attendance by means of a recorder or any other means of audio/visual |
---|
537 | 537 | | 528reproduction; provided, however, that said recording shall not interfere with the conduct of the |
---|
538 | 538 | | 529meeting. Executive conferences conducted pursuant to clause (i) or clause (ii) of subsection (c) |
---|
539 | 539 | | 530of this rule shall not be recorded unless upon the request of the member, officer or employee who 27 of 146 |
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540 | 540 | | 531is subject to said executive conference, and then only at such member’s, officer’s or employee’s |
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541 | 541 | | 532expense. Executive conferences conducted pursuant to clause (iii) or (iv) of subsection (c) of this |
---|
542 | 542 | | 533rule may be recorded at the discretion of the chair. |
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543 | 543 | | 534 (h) Copies of all redrafted bills that are to be voted on at an executive session by the House |
---|
544 | 544 | | 535Ways and Means Committee shall be available to all members of the committee electronically in |
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545 | 545 | | 536the form they will be considered no less than twenty-four hours prior to their consideration; |
---|
546 | 546 | | 537provided, however, that said committee may vote on a bill that has not been available for said |
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547 | 547 | | 538period of time by vote of a majority of the committee members present. |
---|
548 | 548 | | 539 [Adopted Nov. 17, 1983; Amended Jan. 12, 1987; Jan. 9, 1991; May 5, 1993; Jan. 17, 1995; |
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549 | 549 | | 540Jan. 14, 1997; Jan. 9, 2003, Jan. 23, 2007, Feb. 11, 2009; Jan. 30, 2019; Jul. 7, 2021; Feb. 1, |
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550 | 550 | | 5412023.] |
---|
551 | 551 | | 542 17B. The vote on any legislation in committee shall be a recorded vote of the full committee. |
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552 | 552 | | 543Such votes shall be recorded on appropriate forms that show all votes for and against the |
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553 | 553 | | 544particular committee action; provided, that votes may also be recorded in LAWS. The record of |
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554 | 554 | | 545all such roll calls shall be posted on the official website of the General Court within 48 hours of |
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555 | 555 | | 546the vote. |
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556 | 556 | | 547 No report of a House committee on any legislation shall be final until those members of the |
---|
557 | 557 | | 548committee present and voting with the majority have been given the opportunity to sign such |
---|
558 | 558 | | 549appropriate forms before the report is made to the House. No signature shall be valid unless the |
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559 | 559 | | 550forms to which the signatures are affixed include the substantially complete text of the legislation |
---|
560 | 560 | | 551being reported. 28 of 146 |
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561 | 561 | | 552 [Adopted Nov. 17, 1983; Amended Jan. 12, 1987, Amended Jan. 29, 2015; Jul. 7, 2021; Feb. |
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562 | 562 | | 5531, 2023.] |
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563 | 563 | | 554 17C. There shall be a committee on Human Resources and Employee Engagement on the part |
---|
564 | 564 | | 555of the House consisting of thirteen members. |
---|
565 | 565 | | 556 Said committee shall discharge its duties pursuant to the Rules, including Rule 16B and Rules |
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566 | 566 | | 55788 through 100, and shall also be responsible for the allocation of office space as equitably as |
---|
567 | 567 | | 558possible among the various members and joint and standing committees. The committee shall |
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568 | 568 | | 559allocate space among the various committees on the part of the House taking into account the |
---|
569 | 569 | | 560workload, duties and responsibilities and size of staff of each. |
---|
570 | 570 | | 561 The Speaker may make temporary office assignments in accordance with the foregoing |
---|
571 | 571 | | 562principles. |
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572 | 572 | | 563 The committee on Human Resources and Employee Engagement may from time to time make |
---|
573 | 573 | | 564changes in the assignment of office space for committees and the various staffs in accordance |
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574 | 574 | | 565with the established standards. |
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575 | 575 | | 566 Said committee shall establish the staffing levels and positions for each joint and standing |
---|
576 | 576 | | 567committee of the House together with a classification plan for all employees of the House of |
---|
577 | 577 | | 568Representatives. |
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578 | 578 | | 569 The House staff members of each committee shall be appointed solely on the basis of fitness |
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579 | 579 | | 570to perform the duties of their respective positions, consistent with section 4 of chapter 151B of |
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580 | 580 | | 571the General Laws. The committee staff shall not: 29 of 146 |
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581 | 581 | | 572 (1) engage in any work other than legislative business during business hours unless pursuant |
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582 | 582 | | 573to the pro-bono service policy or charitable and community service activity policy established by |
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583 | 583 | | 574the committee on Human Resources and Employee Engagement pursuant to Rule 90(h)(2); and |
---|
584 | 584 | | 575 (2) be assigned any duties other than those pertaining to legislative business. |
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585 | 585 | | 576 The committee shall meet on request of the chair or any 3 members of the committee. Any |
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586 | 586 | | 577such meeting requested shall be convened on or within the fifth business day following such |
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587 | 587 | | 578request. All such requests shall be in writing and forwarded to the chair and each member of the |
---|
588 | 588 | | 579committee. |
---|
589 | 589 | | 580 Funds shall be allocated from the budget to carry out the determination of the committee. |
---|
590 | 590 | | 581 [Adopted Jan. 11, 1985; Amended Jan. 16, 1985; Jan. 12, 1987; Jan. 9, 1991; Feb. 11, 2009; |
---|
591 | 591 | | 582Jan. 29, 2015; Jan. 30, 2019; July 7, 2021; Feb. 1, 2023.] |
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592 | 592 | | 583 17D. [Omitted Jan. 26, 2005.] |
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593 | 593 | | 584 17E. [Omitted Jan. 26, 2005.] |
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594 | 594 | | 585 17F. [Omitted Jan. 26, 2005.] |
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595 | 595 | | 586 17G. [Omitted Jul. 7, 2021.] |
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596 | 596 | | 587 18. The Speaker shall appoint, and may recommend the removal of, the Speaker pro |
---|
597 | 597 | | 588Tempore, the Majority Floor Leader, Assistant Majority Floor Leader and two Second Assistant |
---|
598 | 598 | | 589Majority Floor Leaders. The Minority Leader shall appoint, and may recommend the removal of, |
---|
599 | 599 | | 590the Assistant Minority Floor Leader, Second Assistant Minority Floor Leader, and two Third |
---|
600 | 600 | | 591Assistant Minority Floor Leaders, Ranking minority member of Ways and Means, two Assistant 30 of 146 |
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601 | 601 | | 592Ranking minority members of the Ways and Means committee, Ranking minority member of the |
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602 | 602 | | 593committee on Rules, Ranking minority member of the committee on Financial Services, Ranking |
---|
603 | 603 | | 594minority member of the committee on Health Care Financing, Ranking minority member of the |
---|
604 | 604 | | 595committee on the Judiciary, Ranking minority member of the committee on Bonding, Capital |
---|
605 | 605 | | 596Expenditures, and State Assets, Ranking minority member of the committee on Public Safety |
---|
606 | 606 | | 597and Homeland Security, Ranking minority member of the committee on Transportation and |
---|
607 | 607 | | 598Ranking minority member of the committee on Economic Development and Emerging |
---|
608 | 608 | | 599Technologies. The Minority Leader shall be that member of the minority party who is selected |
---|
609 | 609 | | 600for that position by the members of their party. |
---|
610 | 610 | | 601 Each of the foregoing appointments or removals shall be ratified by a majority vote of the |
---|
611 | 611 | | 602respective party caucus. In the event that an appointment is rejected by such caucus another |
---|
612 | 612 | | 603appointment shall be made by the person designated to make the initial appointment, which shall |
---|
613 | 613 | | 604also be subject to ratification in the same manner. |
---|
614 | 614 | | 605 The Speaker shall appoint, and may recommend the removal of, the chair of each standing |
---|
615 | 615 | | 606committee. The Speaker shall appoint, and may recommend the removal of, the vice chair and |
---|
616 | 616 | | 607assistant vice chair of the Ways and Means committee, the vice chair of the Post Audit and |
---|
617 | 617 | | 608Oversight committee, the vice chair of the committee on Rules, the vice chair of the committee |
---|
618 | 618 | | 609on Revenue, the vice chair of the committee on Financial Services, the vice chair of the |
---|
619 | 619 | | 610committee on Health Care Financing, the vice chair of the committee on Bonding, Capital |
---|
620 | 620 | | 611Expenditures, and State Assets, the vice chair of the committee on State Administration and |
---|
621 | 621 | | 612Regulatory Oversight, and the vice chair of the committee on Economic Development and |
---|
622 | 622 | | 613Emerging Technologies. 31 of 146 |
---|
623 | 623 | | 614 The majority party shall then vote to accept or reject each such appointment or |
---|
624 | 624 | | 615recommendation for removal by a majority vote. |
---|
625 | 625 | | 616 In the event that any such appointment is rejected by the caucus, the procedure of this rule |
---|
626 | 626 | | 617shall be repeated until an appointment for the said position has been approved by the caucus. A |
---|
627 | 627 | | 618vacancy in any position to which the provisions of this section apply shall be filled in the same |
---|
628 | 628 | | 619manner as provided in this section for original appointment. |
---|
629 | 629 | | 620 No member shall receive more than one stipend pursuant to section 9B of chapter 3 of the |
---|
630 | 630 | | 621General Laws. |
---|
631 | 631 | | 622 The Speaker and the Minority Leader may, without a majority vote of their respective parties, |
---|
632 | 632 | | 623remove a member appointed to a leadership position from said position pursuant to this rule if |
---|
633 | 633 | | 624the member has been criminally indicted by a court of competent jurisdiction. |
---|
634 | 634 | | 625 [Amended Jan. 16, 1979; Nov. 17, 1983; Jan. 11, 1985; Jan. 9, 1991; Jan. 14, 1997; Jan. 23, |
---|
635 | 635 | | 6262007; Feb. 11, 2009; Jan 23, 2013; Jan. 29, 2015; Feb. 19, 2015; Jan. 30, 2019; Feb. 1, 2023.] |
---|
636 | 636 | | 627 18A. There shall be 1 member of the minority party on all committees of conference and 1 on |
---|
637 | 637 | | 628the committee on Bills in the Third Reading. On all other standing and joint committees, the |
---|
638 | 638 | | 629percent of minority party membership shall be at least equal to the percent of minority party |
---|
639 | 639 | | 630membership in the House of Representatives as of the first day of the session; provided, further, |
---|
640 | 640 | | 631that where such percentage results in a fraction of a number, the fraction shall be rounded off to |
---|
641 | 641 | | 632the nearest whole; provided, however, that the minority party shall under no circumstances have |
---|
642 | 642 | | 633fewer than 4 members on the committee on Ethics, 4 on the committee on Human Resources and |
---|
643 | 643 | | 634Employee Engagement , 3 on the committee on Rules and 7 on the committee on Ways and 32 of 146 |
---|
644 | 644 | | 635Means. In no case shall minority party representation be fewer than 2 members on all other |
---|
645 | 645 | | 636standing and joint committees. |
---|
646 | 646 | | 637 The Speaker and the Minority Leader shall appoint the members of their respective party |
---|
647 | 647 | | 638caucuses to be assigned to each standing committee. The Speaker shall appoint the vice chair of |
---|
648 | 648 | | 639each standing committee. The appointments, except those to which Rule 18 applies, shall be |
---|
649 | 649 | | 640voted upon together and shall be subject to ratification by majority vote of the appropriate party |
---|
650 | 650 | | 641caucus. |
---|
651 | 651 | | 642 No member shall be removed from a standing committee except upon the recommendation of |
---|
652 | 652 | | 643the Speaker or Minority Leader, as the case may be, subject to the ratification by their respective |
---|
653 | 653 | | 644caucuses; provided, however, that the Speaker and the Minority Leader may, without a majority |
---|
654 | 654 | | 645vote of their respective parties, remove a member appointed to a standing committee pursuant to |
---|
655 | 655 | | 646this rule if the member has been criminally indicted by a court of competent jurisdiction; and |
---|
656 | 656 | | 647provided further, that if any vacancy occurs in a position to which Rule 18 does not apply, |
---|
657 | 657 | | 648subsequent to the initial ratification, the Speaker or Minority Leader shall fill such vacancy. |
---|
658 | 658 | | 649 The Speaker shall announce committee appointments of majority party members, and the |
---|
659 | 659 | | 650member first named shall be chair, and the second named member shall be vice-chair. The |
---|
660 | 660 | | 651Minority Leader shall announce committee appointments of minority party members. (13.) |
---|
661 | 661 | | 652 [Adopted Jan. 11, 1985; Amended Jan. 12, 1987; Jan. 9, 1991; Jan. 14, 1997; Feb. 11, 2009; |
---|
662 | 662 | | 653Jan. 30, 2019.] |
---|
663 | 663 | | 654 18B. All votes on ratification by the caucus required by these rules shall be by written ballot |
---|
664 | 664 | | 655and shall require a majority of those present and voting; provided, however, that if a motion to 33 of 146 |
---|
665 | 665 | | 656ratify the appointments by acclamation is made and seconded, no written ballot shall be required. |
---|
666 | 666 | | 657[Adopted Jan. 11, 1985.] |
---|
667 | 667 | | 658 18C. [Adopted, Jan. 11, 1985, Omitted Jan. 24, 2001.] |
---|
668 | 668 | | 659 19. A majority and minority party caucus may be called by the Speaker or Minority Leader, |
---|
669 | 669 | | 660respectively, or upon petition of 25 percent of the members of the respective party caucus. A |
---|
670 | 670 | | 661caucus may entertain resolutions, motions, or other means of ascertaining the sense of the |
---|
671 | 671 | | 662respective party members on any subject. (13B.) |
---|
672 | 672 | | 663 [Adopted Nov. 17, 1983; Amended Jan. 11, 1985; Jan. 29, 2015.] |
---|
673 | 673 | | 664 19A. The majority party and minority party shall establish caucus rules that shall dictate the |
---|
674 | 674 | | 665procedures of each caucus. |
---|
675 | 675 | | 666 19B. Any member caucus or group of members organized around a common legislative |
---|
676 | 676 | | 667agenda that utilizes House resources, including staff time, shall register with the House |
---|
677 | 677 | | 668Committee on Rules as a Legislative Member Organization, unless it is a party caucus. The chair |
---|
678 | 678 | | 669of the House Committee on Rules shall notify the Clerk of the House of any Legislative Member |
---|
679 | 679 | | 670Organization registering with the Committee and shall maintain a list of all Legislative Member |
---|
680 | 680 | | 671Organizations. |
---|
681 | 681 | | 672 Registration shall include the name of the Legislative Member Organization, its statement of |
---|
682 | 682 | | 673purpose, identification of its members and officers, and a certification signed by its chair that any |
---|
683 | 683 | | 674state resources used for the purposes of the Legislative Member Organization shall be not be |
---|
684 | 684 | | 675used for any partisan political end. 34 of 146 |
---|
685 | 685 | | 676 A Legislative Member Organization may not include a non-legislator. Senators may belong to |
---|
686 | 686 | | 677the Legislative Member Organization, but at least one House member shall be an officer of the |
---|
687 | 687 | | 678Legislative Member Organization in order for the organization to use House resources. A |
---|
688 | 688 | | 679Legislative Member Organization may, without limitation, sponsor informational or educational |
---|
689 | 689 | | 680events, may invite outside speakers and groups to make presentations to the members of the |
---|
690 | 690 | | 681Legislative Member Organization and others, and may distribute any report, analysis, or other |
---|
691 | 691 | | 682research material prepared by others, provided, that the identity of the person or organization |
---|
692 | 692 | | 683authoring the work is fully disclosed. |
---|
693 | 693 | | 684 A member’s official stationery may list their membership in a Legislative Member |
---|
694 | 694 | | 685Organization. |
---|
695 | 695 | | 686 [Adopted Nov. 17, 1983; Amended Jan. 14, 1997; Jul. 7, 2021; Feb. 1, 2023.] |
---|
696 | 696 | | 687 20. The committee on Ways and Means shall report in appropriation bills the total amount |
---|
697 | 697 | | 688appropriated. The General Appropriation Bill shall be available to the members at least 7 |
---|
698 | 698 | | 689calendar days prior to consideration thereof by the House. [25.] (27A.) |
---|
699 | 699 | | 690 [Amended Jan. 11, 1985; Mar. 24, 1986; Jan. 14, 1997; Jan. 26, 2005; Jan. 29, 2015.] |
---|
700 | 700 | | 691 20A. (a) Notwithstanding the provisions of Rule 33A, amendments to the General |
---|
701 | 701 | | 692Appropriation Bill shall be properly filed with the Clerk in an electronic format to be determined |
---|
702 | 702 | | 693by the Clerk as directed by the Speaker; provided, that the Clerk shall notify by electronic |
---|
703 | 703 | | 694communication the primary sponsor of each amendment of the receipt of such amendment and |
---|
704 | 704 | | 695the number assigned by said Clerk to the amendment; provided further, that the Clerk shall print |
---|
705 | 705 | | 696each amendment so filed electronically and such printed copy shall be considered to be the |
---|
706 | 706 | | 697official amendment for that bill. Amendments to said General Appropriation Bill shall be filed 35 of 146 |
---|
707 | 707 | | 698with the Clerk by 5 o’clock P.M. on the third business day subsequent to the bill being made |
---|
708 | 708 | | 699available in a format to be determined by the Clerk as directed by the Speaker pursuant to Rule |
---|
709 | 709 | | 70020B and release of said bill by said Clerk; provided, that if the release of said bill by said Clerk |
---|
710 | 710 | | 701occurs before the hour of 2 o’clock P.M., then the same day in which said bill was released shall |
---|
711 | 711 | | 702be considered the first business day. Otherwise, the day following the release shall be considered |
---|
712 | 712 | | 703the first business day. |
---|
713 | 713 | | 704 (b)(1) The Clerk, with the assistance of the committee on Ways and Means, shall categorize |
---|
714 | 714 | | 705the subject-matter of the amendments and arrange such amendments for consideration |
---|
715 | 715 | | 706sequentially by subject as appearing in the published version of the General Appropriation Bill, |
---|
716 | 716 | | 707or the Clerk, with the assistance of the committee on Ways and Means, shall categorize the |
---|
717 | 717 | | 708subject-matter of the amendments and arrange such subject matters for consideration as |
---|
718 | 718 | | 709determined by the committee on Ways and Means. Debate on the General Appropriation Bill |
---|
719 | 719 | | 710shall not commence until a date and time to be determined by the House which is subsequent to |
---|
720 | 720 | | 711the designated time established for filing of amendments pursuant to subsection (a) of this rule. |
---|
721 | 721 | | 712 (2) Before the main question on the General Appropriation Bill is placed before the House, an |
---|
722 | 722 | | 713amendment may be withdrawn at the request of the primary sponsor of the amendment or |
---|
723 | 723 | | 714postponed by the committee on Ways and Means; provided, that further consideration of any |
---|
724 | 724 | | 715amendment so postponed shall take place immediately subsequent to consideration of the |
---|
725 | 725 | | 716amendments within the particular subject-matter to which the postponed amendment was |
---|
726 | 726 | | 717assigned according to the provisions of this subparagraph; provided, that if more than one |
---|
727 | 727 | | 718amendment is so postponed, subsequent consideration of said amendments shall be in the order |
---|
728 | 728 | | 719determined by the committee on Ways and Means; provided further, an amendment so postponed |
---|
729 | 729 | | 720shall not be subsequently considered outside of its assigned subject-matter; and provided further, 36 of 146 |
---|
730 | 730 | | 721that perfecting or substitute amendments, including, but not limited to an amendment |
---|
731 | 731 | | 722consolidating more than one amendment, may be submitted by the committee on Ways and |
---|
732 | 732 | | 723Means during consideration of the subject category to which the amendment or amendments |
---|
733 | 733 | | 724were assigned. Any amendment may be removed from a consolidated amendment by the |
---|
734 | 734 | | 725primary sponsor of the amendment. Any such amendment so removed from a consolidated |
---|
735 | 735 | | 726amendment shall be offered as an amendment to the General Appropriation Bill, to be acted upon |
---|
736 | 736 | | 727in the first degree before action is taken on the consolidated amendment, except that any |
---|
737 | 737 | | 728amendment so removed from the consolidated amendment may be moved by the committee on |
---|
738 | 738 | | 729Ways and Means from one subject category to another subject category not yet disposed of in the |
---|
739 | 739 | | 730General Appropriation Bill. |
---|
740 | 740 | | 731 (3) A consolidated amendment to the General Appropriation Bill, offered by the committee |
---|
741 | 741 | | 732on Ways and Means, shall contain a fiscal note indicating its total expenditures. |
---|
742 | 742 | | 733 (4) Notwithstanding Rule 74, a consolidated amendment offered by the committee on Ways |
---|
743 | 743 | | 734and Means, may not be divided. |
---|
744 | 744 | | 735 (c) Except for consolidated amendments or perfecting amendments offered by the committee |
---|
745 | 745 | | 736on Ways and Means, no proposition on a subject different from the amendment under |
---|
746 | 746 | | 737consideration shall be admitted under color of a further amendment to the General Appropriation |
---|
747 | 747 | | 738Bill. A consolidated amendment to the General Appropriation Bill, offered by the committee on |
---|
748 | 748 | | 739Ways and Means, shall be a motion offering an amendment in the second degree. |
---|
749 | 749 | | 740 (d) Any amendment to the General Appropriation Bill not complying with this rule shall be |
---|
750 | 750 | | 741considered withdrawn; provided that, any such amendments shall be published as part of the |
---|
751 | 751 | | 742amendment list published by the committee on Ways and Means. 37 of 146 |
---|
752 | 752 | | 743 [Adopted Jan. 24, 2001; Amended Jan. 9, 2003; Jan. 26, 2005; Jan. 23, 2007; Jan. 20, 2011; |
---|
753 | 753 | | 744Jan. 29, 2015; Feb. 1, 2023.] |
---|
754 | 754 | | 745 20B. When the General Appropriation Bill is reported by the committee on Ways and Means, |
---|
755 | 755 | | 746it shall be made available to all members electronically and to the public via the website of the |
---|
756 | 756 | | 747General Court in a format to be determined by the Speaker in consultation with the Clerk. The |
---|
757 | 757 | | 748committee on Ways and Means shall provide the membership with an electronic copy of its |
---|
758 | 758 | | 749proposed text of said General Appropriation Bill, and an executive summary which shall include |
---|
759 | 759 | | 750a list of outside sections, and a short summary of each outside section prior to full House |
---|
760 | 760 | | 751consideration of such bill. When the House considers said General Appropriation Bill, it shall be |
---|
761 | 761 | | 752read a second time; provided further that amendments relative to enhancing or reducing revenue |
---|
762 | 762 | | 753shall only be considered prior to the third reading of said bill to be in order, and that all other |
---|
763 | 763 | | 754amendments to the General Appropriations Bill shall only be considered subsequent to the third |
---|
764 | 764 | | 755reading of said bill. |
---|
765 | 765 | | 756 [Adopted Jan. 9, 2003, Amended Jan. 23, 2007; Feb. 11, 2009; Feb. 1, 2023.] |
---|
766 | 766 | | 757 21. Whenever the committee on Ways and Means reports an appropriation bill or capital |
---|
767 | 767 | | 758outlay bill, it shall make available to the members a report which includes an explanation of any |
---|
768 | 768 | | 759increase or decrease of five percent or more which results in an increase or decrease of one |
---|
769 | 769 | | 760million dollars or more for any item for which the Governor has made a recommendation, and an |
---|
770 | 770 | | 761explanation for the deletion of an item recommended by the Governor, and for the addition of an |
---|
771 | 771 | | 762item for which the Governor has made no recommendation. [25A.] (27A.) |
---|
772 | 772 | | 763 22. Bills and resolves when ordered to a third reading shall be referred forthwith to the |
---|
773 | 773 | | 764committee on Bills in the Third Reading, which shall examine and correct them, for the purpose 38 of 146 |
---|
774 | 774 | | 765of avoiding repetitions and unconstitutional provisions, and insuring accuracy in the text and |
---|
775 | 775 | | 766references, and consistency with the language of existing statutes; but any change in the sense or |
---|
776 | 776 | | 767legal effect, or any material change in construction, shall be reported to the House as an |
---|
777 | 777 | | 768amendment. |
---|
778 | 778 | | 769 The committee on Bills in the Third Reading may consolidate into 1 bill any 2 or more related |
---|
779 | 779 | | 770bills referred to it, whenever legislation may be simplified thereby. |
---|
780 | 780 | | 771 Resolutions received from and adopted by the Senate or introduced or reported into the |
---|
781 | 781 | | 772House, after they are read and before they are adopted, shall be referred to the committee on |
---|
782 | 782 | | 773Bills in the Third Reading. |
---|
783 | 783 | | 774 Amendments of bills, resolves and resolutions adopted by the Senate and sent to the House |
---|
784 | 784 | | 775for concurrence, shall, subsequently to the procedure required by Rule 35 in respect to |
---|
785 | 785 | | 776amendments, also be referred, in like manner, to the committee on Bills in the Third Reading. |
---|
786 | 786 | | 777 When a bill, resolve or resolution has been so referred, no further action shall be taken until a |
---|
787 | 787 | | 778report thereon has been made by the committee. Accompanying said report shall be a written |
---|
788 | 788 | | 779explanation prepared by the committee defining any changes made in a bill, resolve or resolution |
---|
789 | 789 | | 780so as to facilitate the proceedings of the House. |
---|
790 | 790 | | 781 If a bill or resolve referred to the committee on Bills in the Third Reading requires a two- |
---|
791 | 791 | | 782thirds vote because it contains an emergency preamble, or if it provides for the borrowing of |
---|
792 | 792 | | 783money by the Commonwealth and comes within the provisions of Section 3 of Article LXII of |
---|
793 | 793 | | 784the Amendments to the Constitution, or provides for the giving, loaning or pledging of the credit |
---|
794 | 794 | | 785of the Commonwealth and comes within the provisions of Section 1 of Article LXII (as amended |
---|
795 | 795 | | 786by Article LXXXIV) of the Amendments to the Constitution, or provides, upon recommendation 39 of 146 |
---|
796 | 796 | | 787of the Governor, for a special law relating to an individual city or town and comes within the |
---|
797 | 797 | | 788provisions of clause (2) of Section 8 of Article LXXXIX of the Amendments to the Constitution |
---|
798 | 798 | | 789or provides for environmental protection within the provisions of Article XLIX as amended by |
---|
799 | 799 | | 790Article XCVII, the committee shall plainly indicate the fact on the outside of the bill or resolve, |
---|
800 | 800 | | 791or on a wrapper or label attached thereto. [26.] (33.) |
---|
801 | 801 | | 792 [Amended Jan. 12, 1983; Jan. 11, 1985; May 5, 1993; Jan. 29, 2015; Feb. 1, 2023.] |
---|
802 | 802 | | 793 23. Bills and resolves prepared for final passage shall be certified by the Clerk of the House, |
---|
803 | 803 | | 794after comparison, to be the same as the bills or resolves passed to be engrossed; and if found to |
---|
804 | 804 | | 795be properly prepared, the Clerk shall so endorse on the envelope thereof; and the question on |
---|
805 | 805 | | 796enactment or final passage or adopting an emergency preamble shall be taken thereon, without |
---|
806 | 806 | | 797further reading, unless specifically ordered. |
---|
807 | 807 | | 798 When a bill prepared for final passage contains an emergency preamble or when it provides |
---|
808 | 808 | | 799for the borrowing of money by the Commonwealth and comes within the provisions of Section 3 |
---|
809 | 809 | | 800of Article LXII of the Amendments to the Constitution, or provides for the giving, loaning or |
---|
810 | 810 | | 801pledging of the credit of the Commonwealth and comes within the provisions of Section 1 of |
---|
811 | 811 | | 802Article LXII (as amended by Article LXXXIV) of the Amendments to the Constitution, or |
---|
812 | 812 | | 803provides, upon recommendation of the Governor, for a special law relating to an individual city |
---|
813 | 813 | | 804or town and comes within the provisions of clause (2) of Section 8 of Article LXXXIX of the |
---|
814 | 814 | | 805Amendments to the Constitution, or provides for environmental protection within the provisions |
---|
815 | 815 | | 806of Article XLIX as amended by Article XCVII, the Clerk shall plainly indicate the fact on the |
---|
816 | 816 | | 807envelope thereof. [27.] (34.) [See Rule 40.] |
---|
817 | 817 | | 808 [Amended Jan. 12, 1983; Jan. 29, 2015.] 40 of 146 |
---|
818 | 818 | | 809 23A. No member of the House, except the Speaker, Speaker pro Tempore, Majority Leader, |
---|
819 | 819 | | 810Assistant Majority Leader, Second Assistant Majority Leader, Minority Leader, Assistant |
---|
820 | 820 | | 811Minority Leader, Second Assistant Minority Leader, Third Assistant Minority Leader, Vice- |
---|
821 | 821 | | 812Chairperson of the Committee on Ways and Means, Assistant Vice-Chairperson of the |
---|
822 | 822 | | 813Committee on Ways and Means and committee chairs with respect to committee business, shall |
---|
823 | 823 | | 814receive privileges or compensation for postage which is greater than seventy-five percent of the |
---|
824 | 824 | | 815amount allowed as standard practice during the 186th biennial session of the General Court, as |
---|
825 | 825 | | 816determined by the House Business Manager. |
---|
826 | 826 | | 817 [Adopted Jan. 11, 1985; Amended Jan. 24, 2001; Jan. 26, 2005; Jan. 20, 2011; Feb. 1, 2023.] |
---|
827 | 827 | | 818 24. (a)(1) Petitions, recommendations and reports of state officials, departments, commissions |
---|
828 | 828 | | 819including legislative commissions, and boards, special reports including legislation initiated by |
---|
829 | 829 | | 820the Committee on Ethics pursuant to rule 16, and reports of special committees and commissions |
---|
830 | 830 | | 821including legislative commissions, shall be filed with the Clerk in a format to be determined by |
---|
831 | 831 | | 822said Clerk, who shall, unless they are subject to other provisions of these rules or the rules of the |
---|
832 | 832 | | 823two branches, refer them, with the approval of the Speaker, to the appropriate committees, |
---|
833 | 833 | | 824subject to such change of reference as the House may make. The reading of all such documents |
---|
834 | 834 | | 825may be dispensed with, but they shall be entered in the Journal of the same or the next legislative |
---|
835 | 835 | | 826day after such reference except as provided in Joint Rule 13. |
---|
836 | 836 | | 827 (2) All orders, including motions or orders proposed for joint adoption, resolutions and other |
---|
837 | 837 | | 828papers intended for presentation, except those hereinbefore mentioned, shall be filed with the |
---|
838 | 838 | | 829Clerk in a format to be determined by said Clerk, who shall, prior to the procedure required by 41 of 146 |
---|
839 | 839 | | 830other provisions of these rules or of the rules of the two branches, refer them to the committee on |
---|
840 | 840 | | 831Rules. |
---|
841 | 841 | | 832 (b) Resolutions for adoption by the House only or resolutions for joint adoption shall only be |
---|
842 | 842 | | 833considered for adoption in the House if the resolution meets the criteria set forth in this rule. |
---|
843 | 843 | | 834 (c) Resolutions shall consist of: (i) no more than 5 clauses beginning with the word |
---|
844 | 844 | | 835“WHEREAS”, which shall contain statements of facts or opinions; and (ii) no more than 2 |
---|
845 | 845 | | 836clauses beginning with the word “RESOLVED”. |
---|
846 | 846 | | 837 (d) Resolutions shall recognize, honor, commend, celebrate or commemorate a momentous |
---|
847 | 847 | | 838achievement, special occasion or significant event or date; provided, however, that the following |
---|
848 | 848 | | 839resolutions shall not be considered for adoption: |
---|
849 | 849 | | 840 (i) resolutions recognizing, honoring, commending, celebrating or commemorating the |
---|
850 | 850 | | 841birthday of a person under the age of 80; |
---|
851 | 851 | | 842 (ii) resolutions recognizing, honoring, commending, celebrating or commemorating a |
---|
852 | 852 | | 843wedding anniversary of a married couple of less than 50 years; |
---|
853 | 853 | | 844 (iii) resolutions recognizing, honoring, commending, celebrating or commemorating an |
---|
854 | 854 | | 845anniversary of an organization of less than 20 years; |
---|
855 | 855 | | 846 (iv) resolutions recognizing, honoring, commending, celebrating or commemorating a class |
---|
856 | 856 | | 847reunion; |
---|
857 | 857 | | 848 (v) resolutions recognizing, honoring, commending, celebrating or commemorating a for- |
---|
858 | 858 | | 849profit organization; 42 of 146 |
---|
859 | 859 | | 850 (iv) resolutions proclaiming certain days, weeks or months; |
---|
860 | 860 | | 851 (vii) resolutions that includes a statement of policy or ideology. |
---|
861 | 861 | | 852 (e) Suspension of subsections (b) through (d) of this rule shall require unanimous consent of |
---|
862 | 862 | | 853the members present. |
---|
863 | 863 | | 854 (3) Petitions and other papers so filed which are subject to the provisions of Joint Rule 7A, |
---|
864 | 864 | | 8557B, or 9 shall be referred by the Clerk to the committee on Rules. Petitions and other papers so |
---|
865 | 865 | | 856filed, which are subject to the provisions of the second paragraph of Joint Rule 12, shall, prior to |
---|
866 | 866 | | 857the procedure required by said rule, be referred by the Clerk to the committee on Rules. The |
---|
867 | 867 | | 858reading of all such papers may be dispensed with, but they shall be entered in the Journal of the |
---|
868 | 868 | | 859same or the next legislative day after such reference. |
---|
869 | 869 | | 860 (4) Matters which have been placed on file during the preceding year may be taken from the |
---|
870 | 870 | | 861files by the Clerk upon request of any member or member-elect; and matters so taken from the |
---|
871 | 871 | | 862files shall be referred or otherwise disposed of as provided above. |
---|
872 | 872 | | 863 (5) Recommendations and special reports of state officials, departments, commissions and |
---|
873 | 873 | | 864boards, reports of special committees and commissions, bills and resolves accompanying |
---|
874 | 874 | | 865petitions, recommendations and reports, and resolutions shall be made available under the |
---|
875 | 875 | | 866direction of the Clerk, who may cause to be made available, with the approval of the Speaker, |
---|
876 | 876 | | 867any other documents filed as herein provided. |
---|
877 | 877 | | 868 (6) All such legislation and reports filed with the Clerk shall be submitted in a format |
---|
878 | 878 | | 869prescribed by said Clerk. Said documents shall contain the name or names of the primary |
---|
879 | 879 | | 870sponsors and a list of the names of all petitioners praying for the legislation. Additional names 43 of 146 |
---|
880 | 880 | | 871may be added to the list of the petitioners; provided, however, that, such additional names shall |
---|
881 | 881 | | 872be submitted in a format to be determined by the Clerk. |
---|
882 | 882 | | 873 (7) Any petition so submitted that is a refile of a measure submitted in a previous session shall |
---|
883 | 883 | | 874include, in the appropriate space provided, the session year for which the measure was filed and |
---|
884 | 884 | | 875the House or Senate bill number or docket number assigned to such measure in such previous |
---|
885 | 885 | | 876session. |
---|
886 | 886 | | 877 (8) Debate upon the suspension of this rule shall be limited to 10 minutes, 3 minutes for each |
---|
887 | 887 | | 878member, and the Speaker shall recognize the member presenting the order, resolution or petition |
---|
888 | 888 | | 879first; provided, however, that suspension of this rule shall require unanimous consent of the |
---|
889 | 889 | | 880members present. Any order, except such order that would amend the Rules of the House, |
---|
890 | 890 | | 881resolution or petition referred to the committee on Rules after the question of suspension of this |
---|
891 | 891 | | 882rule has been negatived, or any order, resolution or petition filed after the beginning of the |
---|
892 | 892 | | 883session and referred to the committee on Rules, shall not be discharged from said committee |
---|
893 | 893 | | 884except by unanimous consent of the House. Motions to discharge the committee on Rules shall |
---|
894 | 894 | | 885be subject to the provisions of paragraph 2 of Rule 28. [28.] (20.) [See Rules 36 and 85.] |
---|
895 | 895 | | 886 [Amended April 27, 1981; Jan. 9, 1989; Jan. 9, 1991; Jan. 26, 2005; Feb. 11, 2009; Jan. 29, |
---|
896 | 896 | | 8872015; Jan. 30, 2019; Jul. 7, 2021; Feb. 1, 2023.] |
---|
897 | 897 | | 888 25. Every petition for legislation shall be accompanied by a bill or resolve embodying the |
---|
898 | 898 | | 889legislation prayed for. [29.] [See Joint Rule 12.] |
---|
899 | 899 | | 890 26. When the object of an application can be secured without a special act under existing |
---|
900 | 900 | | 891laws, or, without detriment to the public interests, by a general law, the committee to which the |
---|
901 | 901 | | 892matter is referred shall report such general law or ought not to pass, as the case may be. The 44 of 146 |
---|
902 | 902 | | 893committee may report a special law on matters referred to it upon (1) a petition filed or approved |
---|
903 | 903 | | 894by the voters of a city or town, or the mayor and city council, or other legislative body, of a city, |
---|
904 | 904 | | 895or the town meeting of a town, with respect to a law relating to that city or town; (2) a |
---|
905 | 905 | | 896recommendation by the Governor; or (3) matters relating to erecting and constituting |
---|
906 | 906 | | 897metropolitan or regional entities, embracing any two or more cities and towns, or established |
---|
907 | 907 | | 898with other than existing city or town boundaries, for any general or special public purpose or |
---|
908 | 908 | | 899purposes. [30.] (16.) [See Joint Rule 7.] |
---|
909 | 909 | | 900 [Amended Feb. 11, 2009.] |
---|
910 | 910 | | 901 27. With the exception of matters referred to the committee on Rules under the provisions of |
---|
911 | 911 | | 902paragraph (3) of Rule 24, committees shall report on all matters referred to them. The committee |
---|
912 | 912 | | 903on Ways and Means shall report the General Appropriation Bill not later than the second |
---|
913 | 913 | | 904Wednesday of May; and provided further that said committee shall make available to the |
---|
914 | 914 | | 905members all data compiled for justification of budgetary recommendations in all appropriation |
---|
915 | 915 | | 906bills. |
---|
916 | 916 | | 907 The House chair of each joint standing committee shall make final report on all matters |
---|
917 | 917 | | 908referred to and heard by their committee prior to the third Wednesday of December of the first |
---|
918 | 918 | | 909annual session of the General Court by not later than 60 calendar days after the matter is heard; |
---|
919 | 919 | | 910provided, however, that an additional 30 calendar days may be granted on a matter by the House |
---|
920 | 920 | | 911chair who shall notify the Clerk of said extension. After the expiration of such 90-day period, the |
---|
921 | 921 | | 912House shall approve by unanimous consent an extension order submitted by the House members |
---|
922 | 922 | | 913of the joint committee for any additional time for further consideration of the matter by the |
---|
923 | 923 | | 914committee. However, a committee shall not make final report after, and the House shall not 45 of 146 |
---|
924 | 924 | | 915approve of an extension order that extends consideration of a matter beyond, the third |
---|
925 | 925 | | 916Wednesday in March of the second annual session of the General Court. For matters referred to a |
---|
926 | 926 | | 917joint standing committee and heard by said committee after the third Wednesday of December of |
---|
927 | 927 | | 918the first annual session, the committee shall make final report by not later than 60 calendar days |
---|
928 | 928 | | 919after the matter is heard, or by the third Wednesday in March of the second annual session, |
---|
929 | 929 | | 920whichever occurs later. For all matters referred to the committee on Health Care Financing after |
---|
930 | 930 | | 921the third Wednesday in March of the second annual session which were initially referred to |
---|
931 | 931 | | 922another joint standing committee, the committee shall make final report not later than the last |
---|
932 | 932 | | 923Wednesday of May of the second annual session. |
---|
933 | 933 | | 924 When the time within which joint standing committees are required to report has expired, all |
---|
934 | 934 | | 925matters upon which no report has then been made shall forthwith be reported by the House chair |
---|
935 | 935 | | 926with a recommendation to study the matter. |
---|
936 | 936 | | 927 [Amended April 18, 1979; Jan. 14, 1997; Jan. 29, 2015.] |
---|
937 | 937 | | 928 27A. [Omitted Jan. 23, 2007.] |
---|
938 | 938 | | 929 28. (1) Motions directing the committee on Ways and Means to report certain matters to the |
---|
939 | 939 | | 930House, or motions discharging said committees from further consideration of certain matters, |
---|
940 | 940 | | 931shall not be considered until the expiration of seven calendar days and shall require a majority |
---|
941 | 941 | | 932vote of the members present and voting for adoption. Committees so directed to report shall file |
---|
942 | 942 | | 933a report with the Clerk within 4 legislative days. The committee on Ways and Means may not be |
---|
943 | 943 | | 934directed to report or be discharged from further consideration of any appropriation or capital |
---|
944 | 944 | | 935outlay measure. 46 of 146 |
---|
945 | 945 | | 936 (2) The committee on Rules, except as provided in Rule 24, and the committee on Bills in the |
---|
946 | 946 | | 937Third Reading shall not be discharged from consideration of any measure or be directed to report |
---|
947 | 947 | | 938on any measure within 10 calendar days of its reference without the unanimous consent of the |
---|
948 | 948 | | 939House, or after such 10 day period except by a vote of a majority of the members present and |
---|
949 | 949 | | 940voting thereon. |
---|
950 | 950 | | 941 (3) Matters discharged under the provisions of this rule shall be placed in the Orders of the |
---|
951 | 951 | | 942Day for the next sitting. Petitions discharged under the provisions of this rule shall be considered |
---|
952 | 952 | | 943as favorably reported and the bill, resolve, resolution or order accompanying such petitions shall |
---|
953 | 953 | | 944be placed in the Orders of the Day for the next sitting. |
---|
954 | 954 | | 945 (4) During the last week of the session, the provisions of paragraphs (1) and (3) of this rule |
---|
955 | 955 | | 946shall be inoperative. |
---|
956 | 956 | | 947 (5) A second motion to discharge a matter from a committee or a second motion to direct a |
---|
957 | 957 | | 948committee to report a matter shall not be entertained until the first such motion has been disposed |
---|
958 | 958 | | 949of. |
---|
959 | 959 | | 950 (6) As an alternative procedure to that provided under the provisions of this rule, the members |
---|
960 | 960 | | 951of the House may, by filing a petition signed by a majority of the members elected to the House, |
---|
961 | 961 | | 952discharge the House committee on Ways and Means, the House committee on Bills in the Third |
---|
962 | 962 | | 953Reading, and the House committee on Rules from further consideration of a legislative matter. |
---|
963 | 963 | | 954Seven days following the filing of the petition with the House Clerk, the committee shall be |
---|
964 | 964 | | 955discharged from further consideration of the legislative matter specified in the petition and the |
---|
965 | 965 | | 956House Clerk shall place the matter in the Orders of the Day for the next calendar day that the |
---|
966 | 966 | | 957House is meeting. 47 of 146 |
---|
967 | 967 | | 958 (7) For the purpose of this rule, matters not appearing on the Calendar which are not before |
---|
968 | 968 | | 959any committee shall be deemed to be before the Rules committee. Notwithstanding the previous |
---|
969 | 969 | | 960sentence, a bill which has been engrossed by the House and Senate shall be placed before the |
---|
970 | 970 | | 961House for enactment. Any member may request to the House that a matter engrossed in the |
---|
971 | 971 | | 962House and Senate, returned for final passage by the engrossing division, and reviewed and |
---|
972 | 972 | | 963released by the Committee on Bills in the Third Reading be placed before the House for |
---|
973 | 973 | | 964enactment. The Speaker shall, in response to such a request of a member, put the matter before |
---|
974 | 974 | | 965the House at the conclusion of the matter then pending. |
---|
975 | 975 | | 966 (8) This rule shall not be suspended unless by unanimous consent of the members present. |
---|
976 | 976 | | 967(27C, 32A.) |
---|
977 | 977 | | 968 [Amended Jan. 12, 1981; April 27, 1981; Jan. 12, 1983; Nov. 17, 1983; Jan. 11, 1985; Jan. 9, |
---|
978 | 978 | | 9691989; Jan. 9, 1991; Jan. 24, 2001; Jan. 9, 2003; Jan. 26, 2005, Jan. 23, 2007; Jan. 29, 2015.] |
---|
979 | 979 | | 970 28A. [Adopted Jan. 11, 1985; Amended Jan. 9, 2003; Jan. 29, 2015; Omitted.] |
---|
980 | 980 | | 971REGULAR COURSE OF PROCEEDINGS. |
---|
981 | 981 | | 972Petitions. |
---|
982 | 982 | | 973 29. The member presenting a petition shall endorse their name thereon; and the reading |
---|
983 | 983 | | 974thereof shall be dispensed with, unless specially ordered. [37.] (18.) |
---|
984 | 984 | | 975 [Amended Jan. 11, 1985; Jan. 30, 2019.] |
---|
985 | 985 | | 976Motions Contemplating Legislation, etc. |
---|
986 | 986 | | 977 30. All motions contemplating legislation shall be founded upon petition, except as follows: 48 of 146 |
---|
987 | 987 | | 978 The committee on Ways and Means may originate and report appropriation bills as provided |
---|
988 | 988 | | 979in Rule 20. Messages from the Governor shall, unless otherwise ordered, be referred to the |
---|
989 | 989 | | 980appropriate committee, which may report by bill or otherwise thereon. A similar disposition |
---|
990 | 990 | | 981shall, unless otherwise ordered, be made of reports by state officers and committees authorized to |
---|
991 | 991 | | 982report to the Legislature, and similar action may be had thereon. |
---|
992 | 992 | | 983 Messages from the Governor returning appropriation bills, or parts of appropriation bills, with |
---|
993 | 993 | | 984objections or reductions of sections or items thereof, shall be reconsidered subsequent to a report |
---|
994 | 994 | | 985of the committee on Ways and Means. Messages or recommendations from the Governor shall |
---|
995 | 995 | | 986be filed with the Clerk in a format to be determined by the Clerk. [40.] (19.) |
---|
996 | 996 | | 987 [Amended Jan. 24, 2001.] |
---|
997 | 997 | | 988Bills and Resolves. |
---|
998 | 998 | | 989 31. Bills shall be drafted in a format approved by the Counsel to the House and submitted in a |
---|
999 | 999 | | 990format to be determined by the Clerk. Bills amending existing laws shall not provide for striking |
---|
1000 | 1000 | | 991words from, or inserting words in, such laws, unless such course is best calculated to show |
---|
1001 | 1001 | | 992clearly the subject and nature of the amendment. No repealed law, and no part of any repealed |
---|
1002 | 1002 | | 993law, shall be re-enacted merely by reference. [42.] (17.) |
---|
1003 | 1003 | | 994 [Amended Jan. 9, 2003; Jan. 26, 2005; Jan. 29, 2015.] |
---|
1004 | 1004 | | 995 32. If a committee to which a bill is referred reports that the same ought not to pass, the |
---|
1005 | 1005 | | 996question shall be “Shall this bill be rejected?”. If the question on rejection is negatived, the bill, if |
---|
1006 | 1006 | | 997it has been read but once, shall be placed in the Orders of the Day for the next sitting for a |
---|
1007 | 1007 | | 998second reading without question; otherwise it shall be placed in the Orders of the Day for the 49 of 146 |
---|
1008 | 1008 | | 999next sitting, pending the question on ordering to a third reading, or to engrossment, as the case |
---|
1009 | 1009 | | 1000may be. [43.] (30.) |
---|
1010 | 1010 | | 1001 [Amended Jan. 30, 2019.] |
---|
1011 | 1011 | | 1002 32A. [Omitted Jan. 26, 2005.] |
---|
1012 | 1012 | | 1003 33. Bills involving an expenditure of public money or grant of public property, or otherwise |
---|
1013 | 1013 | | 1004affecting the state finances, unless the subject matter has been acted upon by the joint committee |
---|
1014 | 1014 | | 1005on Ways and Means, shall, after their first reading, be referred to the committee on Ways and |
---|
1015 | 1015 | | 1006Means, for report on their relation to the finances of the Commonwealth. |
---|
1016 | 1016 | | 1007 New provisions shall not be added to such bills by the committee on Ways and Means, unless |
---|
1017 | 1017 | | 1008directly connected with the financial features thereof. |
---|
1018 | 1018 | | 1009 Orders reported in the House or received from the Senate involving the expenditure of public |
---|
1019 | 1019 | | 1010money for special committees, shall, before the question is taken on the adoption thereof, be |
---|
1020 | 1020 | | 1011referred to the committee on Ways and Means, whose duty it shall be to report on their relation |
---|
1021 | 1021 | | 1012to the finances of the Commonwealth. |
---|
1022 | 1022 | | 1013 Every such bill involving a capital expenditure for new projects, or an appropriation for |
---|
1023 | 1023 | | 1014repairs, or any legislation, the cost of which, in the opinion of the committee, exceeds the sum of |
---|
1024 | 1024 | | 1015one hundred thousand dollars when reported into the House by the committee on Ways and |
---|
1025 | 1025 | | 1016Means, shall be accompanied by a fiscal note indicating the amount of public money which will |
---|
1026 | 1026 | | 1017be required to be expended to carry out the provisions of the proposed legislation, together with |
---|
1027 | 1027 | | 1018an estimate of the cost of operation and maintenance for the first year if a new project is |
---|
1028 | 1028 | | 1019involved. [44.] (27.) 50 of 146 |
---|
1029 | 1029 | | 1020 [Amended April 18, 1979; Jan. 12, 1981; Jul. 17, 2003; Jan. 26, 2005.] |
---|
1030 | 1030 | | 1021 33A. Copies of all bills shall be available, in a format to be determined by the Speaker in |
---|
1031 | 1031 | | 1022consultation with the Clerk, to all members of the House and the public electronically via the |
---|
1032 | 1032 | | 1023website of the General Court; provided, however, that any bill or resolve to be considered by the |
---|
1033 | 1033 | | 1024House at a formal session shall be available to all members electronically and to the public via |
---|
1034 | 1034 | | 1025the website of the General Court no later than 12:00 P.M. the day prior to consideration thereof |
---|
1035 | 1035 | | 1026by the House in a formal session; provided further that, to the extent practicable, a summary of |
---|
1036 | 1036 | | 1027any bill containing meaningful policy changes to be considered by the House in a formal session |
---|
1037 | 1037 | | 1028shall be made available by the chair of the joint standing committee which had jurisdiction of the |
---|
1038 | 1038 | | 1029bill, to all members of the House and the public via the website of the General Court prior to the |
---|
1039 | 1039 | | 1030commencement of roll calls for the formal session in which the bill will be considered. |
---|
1040 | 1040 | | 1031 All amendments offered by members to any matter in the House shall be submitted in a |
---|
1041 | 1041 | | 1032format to be determined by the Clerk in consultation with the Speaker; provided, however, that |
---|
1042 | 1042 | | 1033an amendment to any matter to be considered by the House at a formal session shall be filed by |
---|
1043 | 1043 | | 10345:00 P.M. on the day the bill or resolve is made available to the members pursuant to the first |
---|
1044 | 1044 | | 1035paragraph of this rule. Amendments shall be considered by the House chronologically as |
---|
1045 | 1045 | | 1036submitted to the Clerk, except for an amendment in the second degree; provided that all |
---|
1046 | 1046 | | 1037amendments shall be drafted in proper form acceptable to the Clerk; and provided further that the |
---|
1047 | 1047 | | 1038Clerk shall print each amendment so filed and such printed copy shall be considered to be the |
---|
1048 | 1048 | | 1039official amendment for that bill and there shall be available to the members a duplicate copy of |
---|
1049 | 1049 | | 1040each amendment. (33A.) 51 of 146 |
---|
1050 | 1050 | | 1041 When the House considers any bill or resolve, other than the General Appropriations Bill, it |
---|
1051 | 1051 | | 1042shall be read a second time and, subsequent to the consideration of any amendments |
---|
1052 | 1052 | | 1043recommended by a committee or committees, it shall forthwith be considered by the House, the |
---|
1053 | 1053 | | 1044question being on ordering it to a third reading, without any other amendments. A bill or resolve |
---|
1054 | 1054 | | 1045so ordered to a third reading shall be immediately referred to the committee on Bills in the Third |
---|
1055 | 1055 | | 1046Reading and, upon being released by said committee, it shall be read a third time and shall then |
---|
1056 | 1056 | | 1047be open to amendments, the main question being on passing the bill or resolve to be engrossed. |
---|
1057 | 1057 | | 1048 Except for consolidated amendments or perfecting amendments offered by the committee on |
---|
1058 | 1058 | | 1049Ways and Means, no proposition on a subject different from the amendment under consideration |
---|
1059 | 1059 | | 1050shall be admitted under color of a further amendment to any bill or resolve. A consolidated |
---|
1060 | 1060 | | 1051amendment to any bill or resolve, offered by the committee on Ways and Means, shall be a |
---|
1061 | 1061 | | 1052motion offering an amendment in the second degree. |
---|
1062 | 1062 | | 1053 [Adopted Nov. 17, 1983; Amended Nov. 28, 1984; Jan. 12, 1987; Jan. 9, 1991; Jan. 17, |
---|
1063 | 1063 | | 10541995l; Jan. 9, 2003; Jan. 26, 2005, Jan. 23, 2007; Jan. 29, 2015; Jul. 7, 2021; Feb. 1, 2023.] |
---|
1064 | 1064 | | 1055 33B. [Omitted Jan. 26, 2005.] |
---|
1065 | 1065 | | 1056 33C. [Omitted Jan. 26, 2005.] |
---|
1066 | 1066 | | 1057 33D. [Omitted Jan. 26, 2005.] |
---|
1067 | 1067 | | 1058 33E. No consolidated amendment offered by the committee on Ways and Means shall be |
---|
1068 | 1068 | | 1059considered by the House until the expiration of at least 30 minutes after the consolidated |
---|
1069 | 1069 | | 1060amendment shall have been first filed with the Clerk and made available to the members. This |
---|
1070 | 1070 | | 1061rule shall not be suspended unless by unanimous consent of the members present. 52 of 146 |
---|
1071 | 1071 | | 1062 [Added Feb. 4, 2010; Amended Jan. 29, 2015.] |
---|
1072 | 1072 | | 1063 33F. No consolidated amendment shall be adopted except by a roll call vote. |
---|
1073 | 1073 | | 1064 [Added Feb. 2, 2017.] |
---|
1074 | 1074 | | 1065 34. Bills from the Senate, after their first reading, shall be referred to a committee of the |
---|
1075 | 1075 | | 1066House. [45.] (26.) |
---|
1076 | 1076 | | 1067 [Amended Jan. 26, 1999.] |
---|
1077 | 1077 | | 1068 35. Amendments proposed by the Senate, and sent back to the House for concurrence, shall |
---|
1078 | 1078 | | 1069be referred to the committee on Bills in the Third Reading, provided that the journal shall reflect |
---|
1079 | 1079 | | 1070the referral; and provided further that subsequent to a report from said committee, the |
---|
1080 | 1080 | | 1071amendments shall be considered forthwith. [46.] (36.) |
---|
1081 | 1081 | | 1072 [Amended April 18, 1979; Jan. 12, 1981; Jan. 26, 2005, Jan. 23, 2007; Jan. 23, 2013.] |
---|
1082 | 1082 | | 1073 36. No bill shall be proposed or introduced unless received from the Senate, reported by a |
---|
1083 | 1083 | | 1074committee, or moved as an amendment to the report of a committee. [47.] (36.) |
---|
1084 | 1084 | | 1075 37. Bills, resolves and other papers that have been, or, under the rules or usage of the House, |
---|
1085 | 1085 | | 1076are to be made available in a format to be determined by the Speaker in consultation with the |
---|
1086 | 1086 | | 1077Clerk, shall be read by their titles only, unless the full reading is requested by vote of a majority |
---|
1087 | 1087 | | 1078of those members present and voting. |
---|
1088 | 1088 | | 1079 [Amended Jan. 9, 2003, Amended, Jan. 23, 2007.] [48.] (29.) |
---|
1089 | 1089 | | 1080 38. When a bill, resolve, order, petition or memorial has been finally rejected or disposed of |
---|
1090 | 1090 | | 1081by the House, no measure substantially the same shall be introduced by any committee or 53 of 146 |
---|
1091 | 1091 | | 1082member during the same session. This rule shall not be suspended unless by unanimous consent |
---|
1092 | 1092 | | 1083of the members present. [49.] (54.) |
---|
1093 | 1093 | | 1084 39. No bill shall be passed to be engrossed without having been read on three separate |
---|
1094 | 1094 | | 1085legislative days. [51.] (28.) |
---|
1095 | 1095 | | 1086 [Amended Jan. 11, 1985.] |
---|
1096 | 1096 | | 1087 40. No engrossed bill shall be amended, except by striking out the enacting clause. A motion |
---|
1097 | 1097 | | 1088to strike out the enacting clause of a bill shall be received when the bill is before the House for |
---|
1098 | 1098 | | 1089enactment. If the bill contains an emergency preamble, a motion to suspend this rule may be |
---|
1099 | 1099 | | 1090received before the adoption of the emergency preamble and, if suspended, the amendment may |
---|
1100 | 1100 | | 1091contain a new emergency preamble. This rule shall not apply to a bill or resolve returned by the |
---|
1101 | 1101 | | 1092Governor with a recommendation of amendment in accordance with the provisions of Article |
---|
1102 | 1102 | | 1093LVI of the Amendments to the Constitution; nor shall it apply to amendments of engrossed bills |
---|
1103 | 1103 | | 1094proposed by the Senate and sent to the House for concurrence, which amendments shall be |
---|
1104 | 1104 | | 1095subject to the provisions of Rule 35, provided, however, that an affirmative vote on a motion to |
---|
1105 | 1105 | | 1096suspend this rule shall be required in order to offer an amendment to such an engrossed bill when |
---|
1106 | 1106 | | 1097the question before the House is on adoption of an emergency preamble, re-enactment or |
---|
1107 | 1107 | | 1098enactment, as the case may be. [53.] (49.) |
---|
1108 | 1108 | | 1099 [Amended, Jan. 23, 2007; Jan. 20, 2011; Jan. 23, 2013; Jan. 29, 2015.] |
---|
1109 | 1109 | | 1100 41. Bills received from the Senate and bills reported favorably by committees, when not |
---|
1110 | 1110 | | 1101referred to another standing committee of the House, shall, prior to being placed in the Orders of |
---|
1111 | 1111 | | 1102the Day, be referred to the committee on Steering, Policy and Scheduling. Resolutions received 54 of 146 |
---|
1112 | 1112 | | 1103from and adopted by the Senate, or reported in the House by committees, shall, if proposed for |
---|
1113 | 1113 | | 1104joint adoption, be referred to said committee on Steering, Policy and Scheduling. [56.] (26.) |
---|
1114 | 1114 | | 1105 [Amended Jan. 14, 1997; Jan. 26, 1999.] |
---|
1115 | 1115 | | 1106 42. Reports of committees, not by bill or resolve, including orders if proposed for joint |
---|
1116 | 1116 | | 1107adoption, after they are received from the Senate, or made in the House, as the case may be, |
---|
1117 | 1117 | | 1108shall, unless subject to the provisions of any other House or joint rules, be referred to the |
---|
1118 | 1118 | | 1109committee on Steering, Policy and Scheduling; provided that the report of a committee asking to |
---|
1119 | 1119 | | 1110be discharged from further consideration of a subject, and recommending that it be referred or |
---|
1120 | 1120 | | 1111recommitted to another committee, or a report of a committee recommending that a matter be |
---|
1121 | 1121 | | 1112placed on file, shall be immediately considered. Reports of committees on proposals for |
---|
1122 | 1122 | | 1113amendments to the Constitution shall be dealt with in accordance with the provisions of Joint |
---|
1123 | 1123 | | 1114Rule 23. [57.] (36.) |
---|
1124 | 1124 | | 1115 [Amended Jan. 14, 1997; Jan. 29, 2015.] |
---|
1125 | 1125 | | 1116 42A. The Clerk shall, prior to 3 o'clock P.M., on the day preceding a session, make available |
---|
1126 | 1126 | | 1117by electronic communication or other means, a list of all reports of the committee on Steering, |
---|
1127 | 1127 | | 1118Policy and Scheduling, asking to be discharged from further consideration of subjects, and |
---|
1128 | 1128 | | 1119recommending that the subjects be referred to other committees. |
---|
1129 | 1129 | | 1120 [Adopted Jan. 26, 2005; Amended Jan. 29, 2015.] |
---|
1130 | 1130 | | 1121 43. Bills ordered to a third reading shall be placed in the Orders of the Day for the next day |
---|
1131 | 1131 | | 1122for such reading. [58.] (32.) |
---|
1132 | 1132 | | 1123Special Rules Affecting the Course of Proceedings. 55 of 146 |
---|
1133 | 1133 | | 1124 44. The Speaker may designate when an informal session of the House shall be held provided |
---|
1134 | 1134 | | 1125said Speaker gives notice of such informal session at a prior session of the House. The Speaker |
---|
1135 | 1135 | | 1126may, in cases of emergency, cancel a session or declare any session of the House to be an |
---|
1136 | 1136 | | 1127informal session. At an informal session the House shall only consider reports of committees, |
---|
1137 | 1137 | | 1128papers from the Senate, bills for enactment or resolves for final passage, bills containing |
---|
1138 | 1138 | | 1129emergency preambles and the matters in the Orders of the Day. Motions to reconsider moved at |
---|
1139 | 1139 | | 1130such informal session shall be placed in the Orders of the Day for the succeeding day, and no |
---|
1140 | 1140 | | 1131new business shall be entertained, except by unanimous consent. |
---|
1141 | 1141 | | 1132 Formal debate, or the taking of the sense of the House by yeas and nays shall not be |
---|
1142 | 1142 | | 1133conducted during such informal session. |
---|
1143 | 1143 | | 1134 Upon the receipt of a petition signed by at least a majority of the members elected to the |
---|
1144 | 1144 | | 1135House, so requesting, the Speaker shall, when the House is meeting in informal session under the |
---|
1145 | 1145 | | 1136provisions of Joint Rule 12A, designate a formal session, to be held within seven days of said |
---|
1146 | 1146 | | 1137receipt, for the purpose of considering the question of passage of a bill, notwithstanding the |
---|
1147 | 1147 | | 1138objections of the Governor, returned pursuant to Article 2, Section 1, Chapter1, Part 2 of the |
---|
1148 | 1148 | | 1139Massachusetts Constitution. This rule shall not be suspended unless by unanimous consent of the |
---|
1149 | 1149 | | 1140members present. [59.] (5A.) |
---|
1150 | 1150 | | 1141 The House may meet in a formal session notwithstanding the provisions of Joint Rule 12A |
---|
1151 | 1151 | | 1142upon the adoption of an order filed by the committee on Rules pursuant to Rule 7C. |
---|
1152 | 1152 | | 1143 [Amended Jan. 11, 1985; Jan. 12, 1987; Jan. 17, 1995; Jan. 14, 1997; Jan. 24, 2001; Jan. 9, |
---|
1153 | 1153 | | 11442003; Feb. 11, 2009.] 56 of 146 |
---|
1154 | 1154 | | 1145 45. After entering upon the consideration of the Orders of the Day, the House shall proceed |
---|
1155 | 1155 | | 1146with them in regular course as follows: Matters not giving rise to a motion or debate shall first be |
---|
1156 | 1156 | | 1147disposed of in the order in which they stand in the Calendar; after which the matters that were |
---|
1157 | 1157 | | 1148passed over shall be considered in like order and disposed. The provisions of this paragraph shall |
---|
1158 | 1158 | | 1149not be suspended unless by unanimous consent of the members present. |
---|
1159 | 1159 | | 1150 Notwithstanding the provisions of this rule, during consideration of the Orders of the Day, the |
---|
1160 | 1160 | | 1151committee on Ways and Means and the committee on Bills in the Third Reading may present |
---|
1161 | 1161 | | 1152matters for consideration of the House after approval of two-thirds of the members present and |
---|
1162 | 1162 | | 1153voting, without debate. [59.] (37.) [See Rule 47.] |
---|
1163 | 1163 | | 1154 [Amended Jan. 12, 1981; Jan. 12, 1983; Feb. 11, 2009.] |
---|
1164 | 1164 | | 1155 46. When the House does not finish the consideration of the Orders of the Day, those which |
---|
1165 | 1165 | | 1156had not been acted upon shall be the Orders of the Day for the next and each succeeding day |
---|
1166 | 1166 | | 1157until disposed of, and shall be entered in the Calendar, without change in their order, to precede |
---|
1167 | 1167 | | 1158matters added under Rule 7A; provided, however, that all other matters shall be listed in |
---|
1168 | 1168 | | 1159numerical order by Calendar item. |
---|
1169 | 1169 | | 1160 The unfinished business in which the House was engaged at the time of adjournment shall |
---|
1170 | 1170 | | 1161have the preference in the Orders of the Day for the next day. [60.] (35.) |
---|
1171 | 1171 | | 1162 [Amended Jan. 12, 1987; Jan. 26, 1999.] |
---|
1172 | 1172 | | 1163 47. No matter which has been duly placed in the Orders of the Day shall be discharged |
---|
1173 | 1173 | | 1164therefrom, or considered out of the regular course. [61.] (38.) [See Rule 45.] |
---|
1174 | 1174 | | 1165Voting. 57 of 146 |
---|
1175 | 1175 | | 1166 48. Members desiring to be excused from voting shall make application to that effect before |
---|
1176 | 1176 | | 1167the division of the House or the taking of the yeas and nays is begun. Such application may be |
---|
1177 | 1177 | | 1168accompanied by a brief statement of reasons by the member. The Clerk shall, prior to the first |
---|
1178 | 1178 | | 1169roll call of the sitting, announce the name of any member who has informed the Clerk to not call |
---|
1179 | 1179 | | 1170their name or lock their voting station. The Clerk shall also announce prior to any subsequent roll |
---|
1180 | 1180 | | 1171call of the sitting the name of any member who had informed said Clerk not to call their name or |
---|
1181 | 1181 | | 1172lock their voting station since the taking of the immediately preceding roll call. |
---|
1182 | 1182 | | 1173 A member absent from the House for a formal session period of a day or longer shall notify |
---|
1183 | 1183 | | 1174the Clerk in writing of the intended absence. A member absent during a formal session for an |
---|
1184 | 1184 | | 1175extended period or for the remainder of the session shall notify the Clerk in person. The Clerk |
---|
1185 | 1185 | | 1176shall provide a written notice to any such absent member. |
---|
1186 | 1186 | | 1177 The Clerk shall disable the voting station of any such member notifying the Clerk of an |
---|
1187 | 1187 | | 1178absence pursuant to this Rule. The Clerk shall also disable the voting station of any member |
---|
1188 | 1188 | | 1179failing to answer the first non-quorum roll call of a legislative sitting; provided, however, that the |
---|
1189 | 1189 | | 1180Clerk shall reactivate the voting station upon receiving notification of the member's return to the |
---|
1190 | 1190 | | 1181House Chamber. ([64.] (57.) |
---|
1191 | 1191 | | 1182 [Amended Feb. 11, 2009; Jan. 30, 2019.] |
---|
1192 | 1192 | | 1183 49. (a) If the presence of a quorum is doubted, a count of the House shall be made. When a |
---|
1193 | 1193 | | 1184yea and nay vote is taken, the members, with the exception of the Speaker, shall vote only from |
---|
1194 | 1194 | | 1185their seats. A member who has been appointed by the Speaker to perform the duties of the Chair, |
---|
1195 | 1195 | | 1186or a person who has been elected Speaker pro Tempore, may designate some member or a court |
---|
1196 | 1196 | | 1187officer to cast a vote for said member on any vote taken on the electronic voting system while 58 of 146 |
---|
1197 | 1197 | | 1188such member is presiding. Said designated member performing the duties of the Chair, or |
---|
1198 | 1198 | | 1189Speaker pro Tempore, may, if the Speaker is in the State House, cast a vote for the Speaker. The |
---|
1199 | 1199 | | 1190Speaker shall state the pending question before opening the system for voting. |
---|
1200 | 1200 | | 1191 The Speaker may direct the Clerk to cast a vote for a member who is in the House Chamber, |
---|
1201 | 1201 | | 1192but who is unable to vote due to a malfunction of their voting station or inability to open their |
---|
1202 | 1202 | | 1193voting station. |
---|
1203 | 1203 | | 1194 (b) Except in the case of a vote to ascertain the presence of a quorum, if a member is |
---|
1204 | 1204 | | 1195prevented from voting personally using the electronic voting system because of physical |
---|
1205 | 1205 | | 1196disability, said member shall, if present in the State House, be excused from so voting and the |
---|
1206 | 1206 | | 1197Speaker shall assign a court officer to cast said member's vote so long as said physical disability |
---|
1207 | 1207 | | 1198continues; provided that the Speaker shall announce the action of the Chair to the membership |
---|
1208 | 1208 | | 1199prior to assigning a court officer to cast the member's vote and provided further that the Speaker |
---|
1209 | 1209 | | 1200shall announce the action to the membership the first time a vote is cast for that member on each |
---|
1210 | 1210 | | 1201successive day. |
---|
1211 | 1211 | | 1202 (c) A member serving on active reserve military duty may participate remotely in a formal |
---|
1212 | 1212 | | 1203session, subject to the requirements and limitations of federal law and regulation, including, but |
---|
1213 | 1213 | | 1204not limited to, United States Department of Defense Directive 1344.10. A member serving on |
---|
1214 | 1214 | | 1205active reserve military shall notify the Clerk of such service as soon as practicable. |
---|
1215 | 1215 | | 1206 (d) A member with a serious health condition may submit to Counsel appointed pursuant to |
---|
1216 | 1216 | | 1207Rule 13B a request for an accommodation to participate remotely in a formal session. Said |
---|
1217 | 1217 | | 1208request shall be accompanied by documentation from said member’s health care provider that an 59 of 146 |
---|
1218 | 1218 | | 1209accommodation to participate remotely is necessary. For purposes of this rule, a serious health |
---|
1219 | 1219 | | 1210condition shall include: |
---|
1220 | 1220 | | 1211 (1) the member’s own serious health condition, which includes illness, injury, impairment, or |
---|
1221 | 1221 | | 1212physical or mental conditions requiring inpatient care or continuing treatment by a health care |
---|
1222 | 1222 | | 1213provider, involving more than three days of incapacity; or |
---|
1223 | 1223 | | 1214 (2) care for the member’s parent, child or spouse with a serious health condition. |
---|
1224 | 1224 | | 1215 For purposes of this rule, a serious health condition shall not include routine, health-related |
---|
1225 | 1225 | | 1216visits or examinations or temporary conditions or other short-term illnesses involving less than |
---|
1226 | 1226 | | 1217three days of incapacity. |
---|
1227 | 1227 | | 1218 (e) A member shall be entitled to participate remotely in a formal session in connection with |
---|
1228 | 1228 | | 1219any condition or limitation related to a member’s pregnancy, including pregnancy loss, and may |
---|
1229 | 1229 | | 1220participate remotely in formal session for 20 weeks after the birth or adoption of a child by a |
---|
1230 | 1230 | | 1221member or the member’s partner, or placement of a child in foster care with a member or the |
---|
1231 | 1231 | | 1222member’s partner. A member who intends to participate remotely pursuant to this subsection |
---|
1232 | 1232 | | 1223shall notify Counsel of the need for an accommodation as well as the expected length of the |
---|
1233 | 1233 | | 1224accommodation. |
---|
1234 | 1234 | | 1225 (f) Counsel shall not approve, without the prior written approval of the Chair of the |
---|
1235 | 1235 | | 1226committee on Rules, any request for an accommodation to participate remotely in a formal |
---|
1236 | 1236 | | 1227session that does not satisfy the requirements of this subsection. |
---|
1237 | 1237 | | 1228 (g) Upon approval of a request for accommodation to participate remotely received pursuant |
---|
1238 | 1238 | | 1229to subsection (d) or subsection (f), Counsel shall notify the Clerk that the member filing the 60 of 146 |
---|
1239 | 1239 | | 1230request has been authorized to participate remotely. Other than the notification provided to the |
---|
1240 | 1240 | | 1231Clerk or to the Chair of the committee on Rules, as required, Counsel shall maintain any request |
---|
1241 | 1241 | | 1232for accommodation pursuant to this rule as confidential. |
---|
1242 | 1242 | | 1233 (h)(1) A member authorized to participate remotely in a formal session pursuant to subsection |
---|
1243 | 1243 | | 1234(d) through subsection (f), inclusive, shall have the same privileges, rights and responsibilities as |
---|
1244 | 1244 | | 1235if the member were physically present in the House Chamber, including without limitation, the |
---|
1245 | 1245 | | 1236right, privilege and responsibility to cast votes on all questions or other matters brought to a vote |
---|
1246 | 1246 | | 1237and the ability to take the oath required pursuant to Part the Second, Chapter VI, Article I of the |
---|
1247 | 1247 | | 1238Constitution of the Commonwealth. |
---|
1248 | 1248 | | 1239 (i) The Journal of the House for any formal session of the House where a member is |
---|
1249 | 1249 | | 1240participating remotely in a formal session pursuant to this rule shall not specify which members |
---|
1250 | 1250 | | 1241participated remotely. [Amended April 18, 1979; Jan. 12, 1987; Jan. 9, 1991; Jan. 9, 2003; Jan. |
---|
1251 | 1251 | | 124220, 2011; Feb. 11, 2009; Jan. 30, 2019; Feb. 1, 2023.] |
---|
1252 | 1252 | | 1243 50. When a question is put, the sense of the House shall be taken by the voices of the |
---|
1253 | 1253 | | 1244members, and the Speaker shall first announce the vote as it appears to the Speaker by the sound. |
---|
1254 | 1254 | | 1245If the Speaker is unable to decide by the sound of the voices, or if the announcement made |
---|
1255 | 1255 | | 1246thereupon is doubted by a member rising in their place for that purpose, the Speaker shall order a |
---|
1256 | 1256 | | 1247division of the number voting in the affirmative and in the negative, without further debate upon |
---|
1257 | 1257 | | 1248the question. [66.] (55.) |
---|
1258 | 1258 | | 1249 [Amended Jan. 11, 1985; Feb. 11, 2009; Jan. 30, 2019.] |
---|
1259 | 1259 | | 1250 51. When a return by division of the members voting in the affirmative and in the negative is |
---|
1260 | 1260 | | 1251ordered, the members for or against the question, when called on by the Speaker, shall rise in 61 of 146 |
---|
1261 | 1261 | | 1252their places, and stand until they are counted. If, upon the taking of such a vote, the presence of a |
---|
1262 | 1262 | | 1253quorum is doubted, a count of the House shall be had, and if a quorum is present the vote shall |
---|
1263 | 1263 | | 1254stand. [67.] |
---|
1264 | 1264 | | 1255 52. The sense of the House shall be taken by yeas and nays whenever required by ten percent |
---|
1265 | 1265 | | 1256of the members elected. The Speaker shall, after waiting up to an interval of twelve minutes, |
---|
1266 | 1266 | | 1257state the pending question and, after opening the electronic voting system, instruct the members |
---|
1267 | 1267 | | 1258to vote for not less than two minutes and no more than twenty-two minutes, the Speaker shall |
---|
1268 | 1268 | | 1259close said system and cause totals to be displayed and a record made of how each member |
---|
1269 | 1269 | | 1260present voted; provided, that if at any time during said voting period any standing, joint or |
---|
1270 | 1270 | | 1261conference committee is meeting in public or executive sessions, the Speaker shall leave the |
---|
1271 | 1271 | | 1262electronic voting machine open for not less than 5 minutes. |
---|
1272 | 1272 | | 1263 Any member desiring to be recorded as being “present” when a yea and nay vote is taken on |
---|
1273 | 1273 | | 1264the electronic roll call system shall so notify the Clerk in person after said vote is ordered and |
---|
1274 | 1274 | | 1265before the vote is announced. |
---|
1275 | 1275 | | 1266 In the event the electronic voting system is not in operating order, the roll of the House shall |
---|
1276 | 1276 | | 1267be called in alphabetical order; provided, however, that no member shall be allowed to vote or to |
---|
1277 | 1277 | | 1268answer “present” who was not on the floor before the vote is declared; provided, however, that a |
---|
1278 | 1278 | | 1269member, who was in the State House on a previous roll call, may be recorded by reporting to the |
---|
1279 | 1279 | | 1270Clerk within five minutes after such vote is closed, unless objection is made thereto and it is |
---|
1280 | 1280 | | 1271seconded; and provided further that the presiding officer shall not, for said purpose, interrupt the |
---|
1281 | 1281 | | 1272member who is speaking on the floor; provided, however, that such request may be announced to |
---|
1282 | 1282 | | 1273the House subsequent to the five minutes. The Speaker shall not entertain any requests beyond 62 of 146 |
---|
1283 | 1283 | | 1274said five-minute period. Once the voting has begun it shall not be interrupted except for the |
---|
1284 | 1284 | | 1275purpose of questioning the validity of a member’s vote before the result is announced. Except as |
---|
1285 | 1285 | | 1276heretofore provided, any member who shall vote or attempt to vote for another member or any |
---|
1286 | 1286 | | 1277person not a member who votes or attempts to vote for a member, or any member or other person |
---|
1287 | 1287 | | 1278who willfully tampers with or attempts to impair or destroy in any manner whatsoever the voting |
---|
1288 | 1288 | | 1279equipment used by the House, or change the records thereon shall be punished in such manner as |
---|
1289 | 1289 | | 1280the House determines; and provided further, that such a violation shall be reported to the Ethics |
---|
1290 | 1290 | | 1281Committee. [68.] (56, 57.) |
---|
1291 | 1291 | | 1282 Upon completion of the tally by the Clerk and the announcement of the vote by the Speaker, |
---|
1292 | 1292 | | 1283the results of all roll calls conducted shall be conspicuously posted on the website of the General |
---|
1293 | 1293 | | 1284Court. |
---|
1294 | 1294 | | 1285 [Amended Jan. 12, 1983; Jan. 11, 1985; Jan. 12, 1987; Jan. 9, 1991; Jan. 24, 2001; Jan. 9, |
---|
1295 | 1295 | | 12862003; Jan. 26, 2005; Feb. 11, 2009; Jan 20, 2011; Jul. 7, 2021; Feb. 1, 2023.] |
---|
1296 | 1296 | | 1287 53. The call for yeas and nays shall be decided without debate. If the yeas and nays have been |
---|
1297 | 1297 | | 1288ordered before the question is put, the proceedings under Rules 50 and 51 relative to verification |
---|
1298 | 1298 | | 1289of the vote by the voices of the members or by a return of divisions shall be omitted; if not, they |
---|
1299 | 1299 | | 1290may be called for in lieu of a return by divisions when the Speaker’s announcement is doubted |
---|
1300 | 1300 | | 1291by a member rising in their place, and, if then ordered, the proceedings under Rules 50 and 51 |
---|
1301 | 1301 | | 1292shall be omitted. [69.] (52.) |
---|
1302 | 1302 | | 1293 [Amended Jan. 26, 1999; Jan. 30, 2019.] |
---|
1303 | 1303 | | 1294Reconsideration. 63 of 146 |
---|
1304 | 1304 | | 1295 54. No motion to reconsider a vote shall be entertained unless it is made on the same day on |
---|
1305 | 1305 | | 1296which the vote was taken, or before the Orders of the Day have been taken up on the next day |
---|
1306 | 1306 | | 1297thereafter on which a quorum is present. If reconsideration is moved on the same day, the motion |
---|
1307 | 1307 | | 1298shall be placed first in the Orders of the Day for the succeeding day; but, if it is moved on the |
---|
1308 | 1308 | | 1299succeeding day, the motion shall be considered forthwith except that if said motion is moved on |
---|
1309 | 1309 | | 1300a day on which an informal session has been designated, it shall be placed in the Orders of the |
---|
1310 | 1310 | | 1301Day for the succeeding day. If reconsideration is moved after July first of the second annual |
---|
1311 | 1311 | | 1302session and thereafter, on any main question, it shall be considered forthwith. This rule shall not |
---|
1312 | 1312 | | 1303prevent the reconsideration of a vote on a subsidiary, incidental or dependent question at any |
---|
1313 | 1313 | | 1304time when the main question to which it relates is under consideration; and provided, further, |
---|
1314 | 1314 | | 1305that a motion to reconsider a vote on any subsidiary, incidental or dependent question shall not |
---|
1315 | 1315 | | 1306remove the main subject under consideration from before the House, but shall be considered at |
---|
1316 | 1316 | | 1307the time when it is made. This rule shall not be suspended unless by unanimous consent of the |
---|
1317 | 1317 | | 1308members present. [70.] (53.) |
---|
1318 | 1318 | | 1309 [Amended Jan. 12, 1981, Jan. 23, 2007.] |
---|
1319 | 1319 | | 1310 55. When a motion for reconsideration is decided, that decision shall not be reconsidered, and |
---|
1320 | 1320 | | 1311no question shall be twice reconsidered; nor shall any vote be reconsidered upon any of the |
---|
1321 | 1321 | | 1312following motions: |
---|
1322 | 1322 | | 1313 to recess, |
---|
1323 | 1323 | | 1314 to adjourn, |
---|
1324 | 1324 | | 1315 on sustaining a ruling of the Chair, 64 of 146 |
---|
1325 | 1325 | | 1316 to close debate at a specified time, |
---|
1326 | 1326 | | 1317 to postpone if voted in the negative, |
---|
1327 | 1327 | | 1318 to discharge or direct a committee to report, |
---|
1328 | 1328 | | 1319 to commit or recommit, |
---|
1329 | 1329 | | 1320 for second or subsequent legislative days, |
---|
1330 | 1330 | | 1321 for the previous question, or |
---|
1331 | 1331 | | 1322 for suspension of rules. |
---|
1332 | 1332 | | 1323 This rule shall not be suspended unless by unanimous consent of the members present. [71.] |
---|
1333 | 1333 | | 1324(53.) |
---|
1334 | 1334 | | 1325 [Amended Jan. 12, 1981; Jan. 12, 1983; Jan. 9, 1991.] |
---|
1335 | 1335 | | 1326 56. Debate on motions to reconsider shall be limited to fifteen minutes, and no member shall |
---|
1336 | 1336 | | 1327occupy more than three minutes, but on a motion to reconsider a vote upon any subsidiary or |
---|
1337 | 1337 | | 1328incidental question, debate shall be limited to ten minutes, and no member shall occupy more |
---|
1338 | 1338 | | 1329than three minutes. |
---|
1339 | 1339 | | 1330 If the House has voted to close debate on any question, a motion to reconsider said question |
---|
1340 | 1340 | | 1331shall be decided without debate. [72.] (52.) |
---|
1341 | 1341 | | 1332 [Amended Jan. 12, 1981; Jan. 12, 1987.] |
---|
1342 | 1342 | | 1333RULES OF DEBATE. 65 of 146 |
---|
1343 | 1343 | | 1334 57. Every member, when about to speak, shall rise and respectfully address the Speaker and |
---|
1344 | 1344 | | 1335shall confine themselves to the question under debate. [73.] (39.) |
---|
1345 | 1345 | | 1336 [Amended Jan. 11, 1985; Feb. 1, 2023.] |
---|
1346 | 1346 | | 1337 58. Every member while speaking shall avoid personalities; and shall sit down when finished. |
---|
1347 | 1347 | | 1338No member shall speak out of their place without leave of the Speaker. [73.] (39.) |
---|
1348 | 1348 | | 1339 When two or more members rise at the same time, the Speaker shall name the member |
---|
1349 | 1349 | | 1340entitled to the floor, preferring one who rises in their place to one who does not. [74.] (40.) |
---|
1350 | 1350 | | 1341 [Amended Jan. 11, 1985; Jan. 30, 2019.] |
---|
1351 | 1351 | | 1342 59. If a member repeatedly violates any of the rules of the House, or disrupts the orderly |
---|
1352 | 1352 | | 1343procedure of the House, the Speaker, after warning the member of such violations, shall call the |
---|
1353 | 1353 | | 1344member to order, and order that member to take their seat. A member so called to order shall lose |
---|
1354 | 1354 | | 1345the right to speak on the pending subject-matter but shall not be debarred from voting. A member |
---|
1355 | 1355 | | 1346so called to order shall remain seated until the House begins consideration of another subject- |
---|
1356 | 1356 | | 1347matter or unless the Speaker earlier returns to the member their rights to the floor. |
---|
1357 | 1357 | | 1348 If a member so called to order refuses to immediately take their seat, the Speaker shall |
---|
1358 | 1358 | | 1349immediately name that member, who shall be escorted from the Chamber under escort of the |
---|
1359 | 1359 | | 1350Sergeant-at-Arms. The matter shall thereupon, on motion, be referred to a special committee of |
---|
1360 | 1360 | | 1351three to be appointed by the Speaker. Said special committee shall make a report to the House of |
---|
1361 | 1361 | | 1352its recommendations, which report shall be read and accepted. |
---|
1362 | 1362 | | 1353 Having been named, a member shall not be allowed to resume their seat until said member |
---|
1363 | 1363 | | 1354has complied with the recommendations of the committee as accepted by the House. 66 of 146 |
---|
1364 | 1364 | | 1355 If, after a member is seated or named, the action of the Speaker is appealed, the House shall |
---|
1365 | 1365 | | 1356decide the case by a majority vote of the members present and voting, but if there is no |
---|
1366 | 1366 | | 1357immediate appeal, the decision of the Speaker shall be conclusive. |
---|
1367 | 1367 | | 1358 [Amended Jan. 12, 1981; Jan. 11, 1985; Feb. 11, 2009; Jan. 30, 2019.] |
---|
1368 | 1368 | | 1359 60. No member shall interrupt another while speaking except by rising to a point of order, to a |
---|
1369 | 1369 | | 1360question of personal privilege, to doubt the presence of a quorum, or to ask the person speaking |
---|
1370 | 1370 | | 1361to yield. |
---|
1371 | 1371 | | 1362 Members may rise to explain matters personal to them by leave of the presiding officer, but |
---|
1372 | 1372 | | 1363shall not discuss pending questions in such explanations. |
---|
1373 | 1373 | | 1364 Questions of personal privilege shall be limited to questions affecting the rights, reputation, |
---|
1374 | 1374 | | 1365and conduct of the member in their representative capacities. |
---|
1375 | 1375 | | 1366 Members may rise to ask questions of parliamentary inquiry concerning the pending matter |
---|
1376 | 1376 | | 1367by leave of the presiding officer, but shall not debate the pending questions. [75.] (42.) |
---|
1377 | 1377 | | 1368 [Amended Jan. 12, 1981; Feb. 11, 2009; Jan. 30, 2019.] |
---|
1378 | 1378 | | 1369 61. No member shall speak more than once to the prevention of those who have not spoken |
---|
1379 | 1379 | | 1370and desire to speak on the same question. |
---|
1380 | 1380 | | 1371 This prohibition shall not apply to those members designated by the committee or committees |
---|
1381 | 1381 | | 1372reporting the bill. |
---|
1382 | 1382 | | 1373 No member shall occupy more than thirty minutes at a time while speaking on any question |
---|
1383 | 1383 | | 1374where debate is unlimited. 67 of 146 |
---|
1384 | 1384 | | 1375 Unless the operation of another rule provides to the contrary (such as previous question, |
---|
1385 | 1385 | | 1376limitation of debate, etc.), no member shall be prohibited from speaking more than once on any |
---|
1386 | 1386 | | 1377question when no other member who has not spoken is seeking recognition by the Chair. [76.] |
---|
1387 | 1387 | | 1378(41.) |
---|
1388 | 1388 | | 1379Motions. |
---|
1389 | 1389 | | 1380 62. Every motion shall be reduced to writing, if the Speaker so directs. [77.] (44.) |
---|
1390 | 1390 | | 1381 63. A motion need not be seconded, except an appeal from the decision of the Chair, and may |
---|
1391 | 1391 | | 1382be withdrawn by the mover if no objection is made. [78.] (44.) |
---|
1392 | 1392 | | 1383 [Amended Jan. 12, 1981.] |
---|
1393 | 1393 | | 1384Limit of Debate. |
---|
1394 | 1394 | | 1385 64. A motion to recess or adjourn shall always be first in order, and shall be decided without |
---|
1395 | 1395 | | 1386debate; and on the motions to close debate at a specified time, to postpone to a time certain, to |
---|
1396 | 1396 | | 1387commit or recommit, not exceeding ten minutes shall be allowed for debate, and no member |
---|
1397 | 1397 | | 1388shall speak more than three minutes. On the motion to discharge any committee, or on a motion |
---|
1398 | 1398 | | 1389directing any committee to report matters before it, not exceeding fifteen minutes shall be |
---|
1399 | 1399 | | 1390allowed for debate, and no member shall speak more than three minutes. |
---|
1400 | 1400 | | 1391 If the main motion is undebatable, any subsidiary or incidental motion made relating to it |
---|
1401 | 1401 | | 1392shall also be decided without debate. [79.] (52.) [See Rules 56 and 83.] |
---|
1402 | 1402 | | 1393 [Amended Jan. 12, 1981.] 68 of 146 |
---|
1403 | 1403 | | 1394 64A. Debate on the question on adoption of orders for second and subsequent legislative days |
---|
1404 | 1404 | | 1395shall be limited to ten minutes, and no member shall speak more than three minutes. After |
---|
1405 | 1405 | | 1396entering into a second or subsequent legislative day, the House shall immediately proceed to |
---|
1406 | 1406 | | 1397consideration of engrossed bills, reports of committees, papers from the Senate or the Orders of |
---|
1407 | 1407 | | 1398the Day. This rule shall not be suspended unless by unanimous consent of the members present. |
---|
1408 | 1408 | | 1399 [Adopted Jan. 12, 1983.] |
---|
1409 | 1409 | | 1400 65. When a question is before the House, until it is disposed of, the Speaker shall receive no |
---|
1410 | 1410 | | 1401motion that does not relate to the same, except the motion to recess or adjourn or some other |
---|
1411 | 1411 | | 1402motion that has precedence either by express rule of the House, or because it is privileged in its |
---|
1412 | 1412 | | 1403nature; and the Speaker shall receive no motion relating to the same, except,— |
---|
1413 | 1413 | | 1404 for the previous question, . . . . . |
---|
1414 | 1414 | | 1405 to close debate at a specified time, . . . . . |
---|
1415 | 1415 | | 1406 to postpone to a time certain, . . . . . |
---|
1416 | 1416 | | 1407 to commit (or recommit), . . . . . |
---|
1417 | 1417 | | 1408 to amend, . . . . . . . See Rules 66, 67 and 68 |
---|
1418 | 1418 | | 1409 See Rules 64, 69 and 70 |
---|
1419 | 1419 | | 1410 See Rules 64 and 70 |
---|
1420 | 1420 | | 1411 See Rules 64 and 71 |
---|
1421 | 1421 | | 1412 See Rules 72, 73, 74 and 75 69 of 146 |
---|
1422 | 1422 | | 1413 — which several motions shall have precedence in the order in which they are arranged in |
---|
1423 | 1423 | | 1414this rule. [80.] (46.) |
---|
1424 | 1424 | | 1415 [Amended Jan. 11, 1985.] |
---|
1425 | 1425 | | 1416Previous Question. |
---|
1426 | 1426 | | 1417 66. Any member may call for the previous question on the main question. |
---|
1427 | 1427 | | 1418 The previous question shall be put in the following form: “Shall the main question be now |
---|
1428 | 1428 | | 1419put?” and all debate on the main question shall be suspended until the previous question is |
---|
1429 | 1429 | | 1420decided. |
---|
1430 | 1430 | | 1421 The adoption of the previous question shall require the affirmative vote of two-thirds of the |
---|
1431 | 1431 | | 1422members present and voting and shall put an end to all debate, and bring the House to direct vote |
---|
1432 | 1432 | | 1423upon pending amendments, if any, in their regular order, and then upon the main question. |
---|
1433 | 1433 | | 1424 A motion to reconsider the vote on any of the pending amendments shall be decided without |
---|
1434 | 1434 | | 1425debate. [81.] |
---|
1435 | 1435 | | 1426 [Amended Jan. 12, 1981.] |
---|
1436 | 1436 | | 1427 67. Any member may call for the previous question on any pending amendment. |
---|
1437 | 1437 | | 1428 The previous question shall be put in the following form: “Shall the question on adoption of |
---|
1438 | 1438 | | 1429the amendment be now put?” and all debate shall be suspended until the previous question is |
---|
1439 | 1439 | | 1430decided. 70 of 146 |
---|
1440 | 1440 | | 1431 The adoption of the previous question on a pending amendment shall require the affirmative |
---|
1441 | 1441 | | 1432vote of two-thirds of the members present and voting and shall put an end to all debate and bring |
---|
1442 | 1442 | | 1433the House to a direct vote upon the pending amendment. |
---|
1443 | 1443 | | 1434 A motion to reconsider the vote on the pending amendment shall be decided without debate. |
---|
1444 | 1444 | | 1435 [Amended Jan. 12, 1981.] |
---|
1445 | 1445 | | 1436 68. The previous question shall be decided without debate. |
---|
1446 | 1446 | | 1437Motion to Close Debate at a Specified Time. |
---|
1447 | 1447 | | 1438 69. Debate may be closed at any time not less than thirty minutes from the adoption of a |
---|
1448 | 1448 | | 1439motion to that effect. This rule shall not be suspended unless by unanimous consent of the |
---|
1449 | 1449 | | 1440members present. [85.] (47.) |
---|
1450 | 1450 | | 1441Motion to Postpone to a Time Certain. |
---|
1451 | 1451 | | 1442 70. When a motion is made to postpone to a time certain, and different times are proposed, |
---|
1452 | 1452 | | 1443the question shall first be taken on the most remote time; and the time shall be determined before |
---|
1453 | 1453 | | 1444the question is put on postponement, which may then be rejected if the House sees fit. [87.] (51.) |
---|
1454 | 1454 | | 1445Motion to Commit. |
---|
1455 | 1455 | | 1446 71. When a motion is made to commit, and different committees are proposed, the question |
---|
1456 | 1456 | | 1447shall be taken in the following order: |
---|
1457 | 1457 | | 1448 a standing committee of the House, |
---|
1458 | 1458 | | 1449 a select committee of the House, 71 of 146 |
---|
1459 | 1459 | | 1450 a joint standing committee, |
---|
1460 | 1460 | | 1451 a joint selected committee; |
---|
1461 | 1461 | | 1452and a subject may be recommitted to the same committee or to another committee at the pleasure |
---|
1462 | 1462 | | 1453of the House. [88.] (48.) |
---|
1463 | 1463 | | 1454Motion to Amend. |
---|
1464 | 1464 | | 1455 72. A motion to amend an amendment is a motion offering an amendment in the second |
---|
1465 | 1465 | | 1456degree and may be received; a motion to amend an amendment in the second degree is a motion |
---|
1466 | 1466 | | 1457offering an amendment in the third degree and shall not be allowed. This rule shall not be |
---|
1467 | 1467 | | 1458suspended unless by unanimous consent of the members present. [89.] |
---|
1468 | 1468 | | 1459 [Amended Jan. 12, 1983; Feb. 1, 2023.] |
---|
1469 | 1469 | | 1460 73. No motion or proposition on a subject different from that under consideration shall be |
---|
1470 | 1470 | | 1461admitted under color of amendment. This rule shall not be suspended unless by unanimous |
---|
1471 | 1471 | | 1462consent of the members present. [90.] (50.) |
---|
1472 | 1472 | | 1463 [Amended Jan. 12, 1987.] |
---|
1473 | 1473 | | 1464 73A. No motion to amend a report from the committee on Ways and Means or a report from |
---|
1474 | 1474 | | 1465the committee on Bills in the Third Reading, when such an amendment contains an expenditure |
---|
1475 | 1475 | | 1466of public money or an increase or decrease in taxes, shall be considered unless a brief |
---|
1476 | 1476 | | 1467explanation of the amendment is stated. |
---|
1477 | 1477 | | 1468 [Adopted Jan. 17, 1995; Amended Jan. 26, 1999.] 72 of 146 |
---|
1478 | 1478 | | 1469 74. A question containing two or more propositions capable of division shall be divided |
---|
1479 | 1479 | | 1470whenever desired by any member, if the question includes points so distinct and separate that, |
---|
1480 | 1480 | | 1471one of them being taken away, the other will stand as a complete proposition. The motion to |
---|
1481 | 1481 | | 1472strike out and insert shall be considered as one proposition and therefore indivisible. The |
---|
1482 | 1482 | | 1473question on ordering a bill or resolve to a third reading, or to be engrossed, or to be enacted, or |
---|
1483 | 1483 | | 1474similar main motions shall be considered as indivisible under this rule. This rule shall not be |
---|
1484 | 1484 | | 1475suspended unless by unanimous consent of the members present. [91.] (45.) |
---|
1485 | 1485 | | 1476 [Amended Jan. 12, 1983.] |
---|
1486 | 1486 | | 1477 75. In filling blanks, the largest sum and longest time shall be put first. [92.] (51.) [See Rule |
---|
1487 | 1487 | | 147870.] |
---|
1488 | 1488 | | 1479Declaration of Recess. |
---|
1489 | 1489 | | 1480 76. The Speaker may declare a recess of 15 minutes duration, or less. |
---|
1490 | 1490 | | 1481 [Amended Jan. 9, 1991; Jan. 29, 2015.] |
---|
1491 | 1491 | | 1482Appeal. |
---|
1492 | 1492 | | 1483 77. No appeal from the decision of the Speaker shall be entertained unless it is seconded; and |
---|
1493 | 1493 | | 1484no other business shall be in order until the question on the appeal has been disposed of. Debate |
---|
1494 | 1494 | | 1485shall be limited to 15 minutes on the question of sustaining a ruling by the Chair, and no member |
---|
1495 | 1495 | | 1486shall occupy more than three minutes. [94.] (43A.) [See Rule 2.] |
---|
1496 | 1496 | | 1487 [Amended Jan. 9, 1989; Jan. 29, 2015.] |
---|
1497 | 1497 | | 1488Resolves. 73 of 146 |
---|
1498 | 1498 | | 1489 78. Such of these rules as are applicable to bills, whether of the House or of the Senate, shall |
---|
1499 | 1499 | | 1490apply likewise to such resolves as require the concurrence of the Senate and approval by the |
---|
1500 | 1500 | | 1491Governor in order to become law and have force as such. [95.] |
---|
1501 | 1501 | | 1492Seats. |
---|
1502 | 1502 | | 1493 79. (1) The desk on the right of the Speaker shall be assigned to the use of the Clerk and such |
---|
1503 | 1503 | | 1494persons as they may employ to assist said Clerk, and that on the left to the use of the chair and |
---|
1504 | 1504 | | 1495vice-chair of the committee on Bills in the Third Reading. |
---|
1505 | 1505 | | 1496 (2) The Speaker shall assign members to vacant seats. The seat assigned to any member, other |
---|
1506 | 1506 | | 1497than seats assigned under paragraph (1) of this rule, shall be their seat for the year and for such |
---|
1507 | 1507 | | 1498additional years as said member may elect so long as service in the House remains continuous. |
---|
1508 | 1508 | | 1499An exchange of seats may be made with the approval of the Speaker. [98.] |
---|
1509 | 1509 | | 1500 [Amended Jan. 11, 1985; May 5, 1993; Jan. 30, 2019.] |
---|
1510 | 1510 | | 1501Privilege of the Floor. |
---|
1511 | 1511 | | 1502 80. The following persons shall be entitled to admission to the House of Representatives, |
---|
1512 | 1512 | | 1503during the session thereof, to stand in an area designated by the Speaker in the rear of the |
---|
1513 | 1513 | | 1504Chamber, unless otherwise invited by said Speaker to occupy seats not numbered: |
---|
1514 | 1514 | | 1505 (1) The Governor and the Lieutenant-Governor, members of the Executive Council, Secretary |
---|
1515 | 1515 | | 1506of the Commonwealth, Treasurer and Receiver-General, Auditor of the Commonwealth, |
---|
1516 | 1516 | | 1507Attorney-General, Librarian and Assistant Librarian; |
---|
1517 | 1517 | | 1508 (2) The members of the Senate; 74 of 146 |
---|
1518 | 1518 | | 1509 (3) Authorized employees of the House and persons in the exercise of an official duty directly |
---|
1519 | 1519 | | 1510connected with the business of the House; or |
---|
1520 | 1520 | | 1511 (4) Contestants for seats in the House, whose papers are in the hands of a special committee |
---|
1521 | 1521 | | 1512of the House, may be admitted, while their cases are pending, to seats to be assigned by the |
---|
1522 | 1522 | | 1513Speaker. |
---|
1523 | 1523 | | 1514 No other person shall be admitted to the floor during the session, except upon the permission |
---|
1524 | 1524 | | 1515of the Speaker. |
---|
1525 | 1525 | | 1516 No legislative agent or counsel may be admitted to the floor of the House Chamber during a |
---|
1526 | 1526 | | 1517session unless that part of the session is ceremonial in nature in which no other legislative |
---|
1527 | 1527 | | 1518business is conducted. |
---|
1528 | 1528 | | 1519 The legislative reporters shall be entitled to the privileges of the reporters’ galleries. |
---|
1529 | 1529 | | 1520 This rule shall not be suspended unless by unanimous consent of the members present. [99.] |
---|
1530 | 1530 | | 1521(60, 61.) |
---|
1531 | 1531 | | 1522 [Amended Jan. 9, 1991, Jan. 23, 2007; Jan. 30, 2019.] |
---|
1532 | 1532 | | 1523Representatives’ Chamber and Adjoining Rooms. |
---|
1533 | 1533 | | 1524 81. (a) Use of the Representatives’ Chamber members’ corridor or adjoining rooms shall be |
---|
1534 | 1534 | | 1525for official business or educational purposes only and shall be subject to the approval of the |
---|
1535 | 1535 | | 1526Speaker or the committee on Rules. The provisions of this paragraph shall not apply if the |
---|
1536 | 1536 | | 1527purpose of admittance is to attend a meeting in an adjoining room to which members of the |
---|
1537 | 1537 | | 1528general public are allowed to attend. 75 of 146 |
---|
1538 | 1538 | | 1529 (b) No legislative agent or counsel shall be admitted to the members’ corridor or adjoining |
---|
1539 | 1539 | | 1530rooms. No other person shall be admitted to the members’ corridor or adjoining rooms, except |
---|
1540 | 1540 | | 1531persons entitled to the privileges of the floor of the House unless upon written invitation of a |
---|
1541 | 1541 | | 1532member bearing the name of the member and the person the member invites. Upon entering, the |
---|
1542 | 1542 | | 1533invitation shall be given to the court officer assigned to the area. The provisions of this paragraph |
---|
1543 | 1543 | | 1534shall not apply if the purpose of admittance is to attend a meeting in an adjoining room to which |
---|
1544 | 1544 | | 1535members of the general public are allowed to attend. |
---|
1545 | 1545 | | 1536 (c) No person shall be admitted to the north gallery of the House except upon a card of the |
---|
1546 | 1546 | | 1537Speaker. |
---|
1547 | 1547 | | 1538 (d) Subject to the approval and direction of the committee on Rules during the session and of |
---|
1548 | 1548 | | 1539the Speaker after prorogation, the use of the reporters’ galleries of the House Chamber shall be |
---|
1549 | 1549 | | 1540under the control of the organization of legislative reporters known as the Massachusetts State |
---|
1550 | 1550 | | 1541House Press Association and the State House Broadcasters Association. |
---|
1551 | 1551 | | 1542 (e) Every legislative reporter desiring admission to the reporters’ galleries shall state in |
---|
1552 | 1552 | | 1543writing that they are not the agent or representative of any person or corporation interested in |
---|
1553 | 1553 | | 1544legislation before the General Court, and will not act as representative of any such person or |
---|
1554 | 1554 | | 1545corporation while retaining a place in the galleries; but nothing herein contained shall prevent |
---|
1555 | 1555 | | 1546such legislative reporter from engaging in other employment, provided such other employment is |
---|
1556 | 1556 | | 1547specifically approved by the committee on Rules and reported to the House. |
---|
1557 | 1557 | | 1548 (f) All formal and informal sessions of the House of Representatives shall be open to both |
---|
1558 | 1558 | | 1549commercial and public radio and television, except designated times during such sessions, as |
---|
1559 | 1559 | | 1550determined by the House, reserved for the consideration of non-controversial business which 76 of 146 |
---|
1560 | 1560 | | 1551does not give rise to debate. The manner and conditions of such broadcasts shall be established |
---|
1561 | 1561 | | 1552by the Speaker. Television, radio or web-broadcasts may be prohibited on any given day by the |
---|
1562 | 1562 | | 1553Speaker. |
---|
1563 | 1563 | | 1554 All formal and informal sessions shall be broadcast live on House television and livestreamed |
---|
1564 | 1564 | | 1555on the General Court website. Audio or video recordings of prior formal and informal sessions |
---|
1565 | 1565 | | 1556for the current biennial session shall be made available to the public on the official website of the |
---|
1566 | 1566 | | 1557General Court. |
---|
1567 | 1567 | | 1558 The Speaker may arrange for a limited number of remote connections at a location outside of |
---|
1568 | 1568 | | 1559the House Chamber for commercial and public radio and television to obtain audio and visual |
---|
1569 | 1569 | | 1560feeds of formal sessions being recorded or streamed by the House. Video or audio obtained from |
---|
1570 | 1570 | | 1561such feed shall be used only for reporting purposes. Access to the connections provided shall be |
---|
1571 | 1571 | | 1562on a first-come-first serve basis; provided, however, that commercial and public radio and |
---|
1572 | 1572 | | 1563television acquiring access shall be required to share the audio or video feeds with other any |
---|
1573 | 1573 | | 1564other commercial and public radio and television station seeking access. The manner and |
---|
1574 | 1574 | | 1565conditions of access shall be established by the Speaker with the approval of the House. Access |
---|
1575 | 1575 | | 1566may be prohibited by the Speaker with the approval of the House. |
---|
1576 | 1576 | | 1567 Clauses (a) through (e) of this rule shall not be suspended unless by unanimous consent of the |
---|
1577 | 1577 | | 1568members present. [100.] (59.) |
---|
1578 | 1578 | | 1569 [Amended April 18, 1979; Jan. 12, 1983; Jan. 12, 1987; Jan. 9, 1991; Jan. 26, 1999, Jan. 23, |
---|
1579 | 1579 | | 15702007; Jan. 30, 2019; Jul. 7, 2021.] |
---|
1580 | 1580 | | 1571Quorum. 77 of 146 |
---|
1581 | 1581 | | 1572 82. Eighty-one members present shall constitute a quorum for the organization of the House |
---|
1582 | 1582 | | 1573and the transaction of business. [See amendments to the Constitution, Art. XXXIII.] |
---|
1583 | 1583 | | 1574 In the event that a quorum is not present, the presiding officer shall compel the attendance of |
---|
1584 | 1584 | | 1575a quorum. During the absence of a quorum, no other business may be transacted or motions |
---|
1585 | 1585 | | 1576entertained except a declaration of adjournment or a recess by the Speaker. [105.] |
---|
1586 | 1586 | | 1577 [Amended Jan. 12, 1981; Jan. 14, 1997.] |
---|
1587 | 1587 | | 1578Debate on Motions for Suspension of Rules. |
---|
1588 | 1588 | | 1579 83. The question of suspension of House Rules 45, 47, 56, 61, 64, 66, 67, 68, 69, 77 and 83 |
---|
1589 | 1589 | | 1580shall be decided without debate. Debate upon the motion for the suspension of any other House |
---|
1590 | 1590 | | 1581rule, unless otherwise indicated, or any joint rule shall be limited to fifteen minutes and no |
---|
1591 | 1591 | | 1582member shall occupy more than three minutes. This rule shall not be suspended unless by |
---|
1592 | 1592 | | 1583unanimous consent of the members present. [102.] (52.) |
---|
1593 | 1593 | | 1584 [Amended Jan. 12, 1981; Jan. 9, 1989.] |
---|
1594 | 1594 | | 1585 84. Unless otherwise indicated, nothing in the House rules or joint rules shall be suspended, |
---|
1595 | 1595 | | 1586altered or repealed unless two-thirds of the members present and voting consent thereto. This |
---|
1596 | 1596 | | 1587rule shall not be suspended unless by unanimous consent of the members present. [103.] (63.) |
---|
1597 | 1597 | | 1588 [Amended Jan. 12, 1981.] |
---|
1598 | 1598 | | 1589 84A. The Clerk may, due to technical limitations or upon exigent circumstances, elect to |
---|
1599 | 1599 | | 1590waive any requirement relative to the electronic availability and posting on the website of the |
---|
1600 | 1600 | | 1591General Court of any bills, resolves, summaries or other documents contained herein; provided, |
---|
1601 | 1601 | | 1592however, that if the Clerk so waives any such requirement he shall make paper copies of the 78 of 146 |
---|
1602 | 1602 | | 1593documents available to all members and the public within the limitation established for the |
---|
1603 | 1603 | | 1594electronic availability and posting on the website of the General Court of any bills, resolves, |
---|
1604 | 1604 | | 1595summaries or other documents contained herein. |
---|
1605 | 1605 | | 1596 [Adopted Feb. 11, 2009.] |
---|
1606 | 1606 | | 1597Reference to Committee on Rules. |
---|
1607 | 1607 | | 1598 85. All motions or orders authorizing committees of the House to travel or to employ |
---|
1608 | 1608 | | 1599stenographers, all propositions involving special investigations by committees of the House, all |
---|
1609 | 1609 | | 1600resolutions presented for adoption by the House only, and all motions and orders except those |
---|
1610 | 1610 | | 1601which relate to the procedure of the House or are privileged in their nature or are authorized by |
---|
1611 | 1611 | | 1602Rule 65, shall be referred without debate to the committee on Rules, which shall report thereon, |
---|
1612 | 1612 | | 1603recommending what action should be taken. The committee shall not recommend suspension of |
---|
1613 | 1613 | | 1604Joint Rule 9, unless evidence satisfactory to the committee is produced that the petitioners have |
---|
1614 | 1614 | | 1605previously given notice, by public advertisement or otherwise, equivalent to that required by |
---|
1615 | 1615 | | 1606Chapter 3 of the General Laws. [104.] (13A.) |
---|
1616 | 1616 | | 1607 [Amended Jan. 29, 2015; Feb. 1, 2023.] |
---|
1617 | 1617 | | 1608 85A. (a) The committee on Operations, Facilities and Security, upon receipt of the |
---|
1618 | 1618 | | 1609recommendation of the state auditor pursuant to subsection (b), shall provide that an outside, |
---|
1619 | 1619 | | 1610independent financial audit of House financial accounts be conducted for each fiscal year upon |
---|
1620 | 1620 | | 1611receipt of the fiscal year end appropriation activity with balance report from the comptroller of |
---|
1621 | 1621 | | 1612the Commonwealth. The outside, independent financial audit shall be conducted in accordance |
---|
1622 | 1622 | | 1613with the standards for audits of governmental organizations, programs, activities and functions, |
---|
1623 | 1623 | | 1614commonly referred to as the “Generally Accepted Government Auditing Standards (GAGAS)” 79 of 146 |
---|
1624 | 1624 | | 1615or “Yellow Book,” published by the Comptroller General of the United States. The committee on |
---|
1625 | 1625 | | 1616Operations, Facilities and Security, with the assistance of the House Business Manager, shall |
---|
1626 | 1626 | | 1617provide the independent auditor with requested financial documents for such financial audit. A |
---|
1627 | 1627 | | 1618copy of the completed outside, independent financial audit shall be filed with the Clerk of the |
---|
1628 | 1628 | | 1619House and the state auditor and shall be posted on the website of the General Court. |
---|
1629 | 1629 | | 1620 (b) The committee on Operations, Facilities and Security shall annually request that the state |
---|
1630 | 1630 | | 1621auditor recommend a private, independent auditing firm to conduct the independent financial |
---|
1631 | 1631 | | 1622audit of House financial accounts required by subsection (a). The state auditor shall, within 30 |
---|
1632 | 1632 | | 1623days of the committee’s request, recommend to the committee a private, independent auditing |
---|
1633 | 1633 | | 1624firm from the list of private, independent auditing firms on the appropriate statewide |
---|
1634 | 1634 | | 1625procurement contract established by the operational services division. The committee shall direct |
---|
1635 | 1635 | | 1626the House Business Manager to execute a contract with the private, independent auditing firm |
---|
1636 | 1636 | | 1627recommended by the state auditor pursuant to a statewide procurement contract established by |
---|
1637 | 1637 | | 1628the operational services division. If the state auditor fails to recommend a private, independent |
---|
1638 | 1638 | | 1629auditing firm to serve as the independent auditor of House financial accounts within 30 days of |
---|
1639 | 1639 | | 1630receiving a request from the committee, then the committee shall direct the House Business |
---|
1640 | 1640 | | 1631Manager to retain a private, independent auditing firm from the appropriate statewide |
---|
1641 | 1641 | | 1632procurement contract established by the operational services division. |
---|
1642 | 1642 | | 1633 (c) The provisions of this rule shall apply to fiscal years beginning on July 1, 2025. |
---|
1643 | 1643 | | 1634 [Adopted Jan. 11, 1985, Amended Jan. 20, 2011; Jan. 30, 2019.] |
---|
1644 | 1644 | | 1635Parliamentary Practice. 80 of 146 |
---|
1645 | 1645 | | 1636 86. The rules of parliamentary practice shall govern the House in all cases to which they are |
---|
1646 | 1646 | | 1637applicable, and in which they are not inconsistent with these rules or the joint rules of the two |
---|
1647 | 1647 | | 1638branches. (62.) |
---|
1648 | 1648 | | 1639Procurement. |
---|
1649 | 1649 | | 1640 87. (a) All procurements for goods or services shall be completed by the House Business |
---|
1650 | 1650 | | 1641Manager under the oversight of the committee on Operations, Facilities and Security, subject to |
---|
1651 | 1651 | | 1642the provisions of this rule. The committee shall provide the House Business Manager with such |
---|
1652 | 1652 | | 1643guidelines, policies and procedures as the committee deems necessary and appropriate to ensure |
---|
1653 | 1653 | | 1644the effective and efficient procurement of goods and services under this rule. |
---|
1654 | 1654 | | 1645 (b) (1) All procurements for goods or services shall, to the extent practicable, be made |
---|
1655 | 1655 | | 1646pursuant to a statewide procurement contract established by the operational services division. |
---|
1656 | 1656 | | 1647 (2) Before procuring goods or services pursuant to a statewide procurement contract under |
---|
1657 | 1657 | | 1648this subsection in an amount of $10,000 or more, and before completing any joint procurement |
---|
1658 | 1658 | | 1649under Joint Rule 36 on behalf of the House in an amount of $10,000 or more, including a joint |
---|
1659 | 1659 | | 1650procurement not made pursuant to a statewide procurement contract, the House Business |
---|
1660 | 1660 | | 1651Manager shall transmit to all the members of the committee on Operations, Facilities and |
---|
1661 | 1661 | | 1652Security the House Business Manager’s recommendation for awarding the procurement and a |
---|
1662 | 1662 | | 1653written summary identifying all steps taken by the House Business Manager for compliance with |
---|
1663 | 1663 | | 1654this rule, or with Joint Rule 36 as applicable, and any other information the House Business |
---|
1664 | 1664 | | 1655Manager deems necessary. The committee on Operations, Facilities and Security shall review the |
---|
1665 | 1665 | | 1656recommendation and summary to ensure compliance with this rule or Joint Rule 36, as |
---|
1666 | 1666 | | 1657applicable. Upon completion of the review by the committee on Operations, Facilities and 81 of 146 |
---|
1667 | 1667 | | 1658Security, if a majority of the committee agrees with the House Business Manager’s |
---|
1668 | 1668 | | 1659recommendation, the committee shall approve the recommendation in writing and the House |
---|
1669 | 1669 | | 1660Business Manager shall procure the goods or services. |
---|
1670 | 1670 | | 1661 (c) (1) Upon written certification submitted to the chair of the committee on Operations, |
---|
1671 | 1671 | | 1662Facilities and Security by the House Business Manager that a necessary procurement under this |
---|
1672 | 1672 | | 1663rule cannot be made using a statewide procurement contract established by the operational |
---|
1673 | 1673 | | 1664services division, the House Business Manager may procure the required goods or services, |
---|
1674 | 1674 | | 1665subject to the provisions of this subsection. |
---|
1675 | 1675 | | 1666 (2) For a procurement of goods or services in an amount of less than $10,000, the House |
---|
1676 | 1676 | | 1667Business Manager shall use sound business practices. |
---|
1677 | 1677 | | 1668 (3) For a procurement of goods or services in an amount of $10,000 or more, but less than |
---|
1678 | 1678 | | 1669$100,000, the House Business Manager shall seek written or oral quotations from no fewer than |
---|
1679 | 1679 | | 16703 persons customarily providing such goods or services. The House Business Manager shall |
---|
1680 | 1680 | | 1671record the names and addresses of all persons from whom quotations were sought, the names and |
---|
1681 | 1681 | | 1672addresses of all persons submitting quotations and the date and amount of each quotation. The |
---|
1682 | 1682 | | 1673House Business Manager shall transmit all quotations received to the committee on Operations, |
---|
1683 | 1683 | | 1674Facilities and Security, along with the House Business Manager’s recommendation as to what |
---|
1684 | 1684 | | 1675quotation offers the needed quality of goods or services at the best value for the House and a |
---|
1685 | 1685 | | 1676written summary identifying all steps taken by the House Business Manager for compliance with |
---|
1686 | 1686 | | 1677this rule and any other information the House Business Manager deems necessary. The |
---|
1687 | 1687 | | 1678committee on Operations, Facilities and Security shall review the quotations, the |
---|
1688 | 1688 | | 1679recommendation and the written summary to ensure compliance with this rule. Upon completion 82 of 146 |
---|
1689 | 1689 | | 1680of the review by the committee on Operations, Facilities and Security, if the committee agrees |
---|
1690 | 1690 | | 1681with House Business Manager’s recommendation, the committee shall approve the |
---|
1691 | 1691 | | 1682recommendation in writing and the House Business Manager shall award the contract to the |
---|
1692 | 1692 | | 1683responsible person whose quotation offers the needed quality of goods or services and which |
---|
1693 | 1693 | | 1684represents the best value for the House. |
---|
1694 | 1694 | | 1685 (4) For a procurement of goods or services in an amount exceeding $100,000, the House |
---|
1695 | 1695 | | 1686Business Manager shall seek proposals or quotations through a competitive bid process wherein |
---|
1696 | 1696 | | 1687the House Business Manager shall: |
---|
1697 | 1697 | | 1688 (i) identify bidders capable and willing to provide the House with the best value of goods or |
---|
1698 | 1698 | | 1689services by: (A) posting public notice on the Commonwealth’s electronic procurement system |
---|
1699 | 1699 | | 1690(COMMBUYS) of the House’s request for proposals or quotations, which shall be approved by |
---|
1700 | 1700 | | 1691House Counsel and the committee on Operations, Facilities and Security prior to posting; and |
---|
1701 | 1701 | | 1692(B) whatever other means the House Business Manager deems appropriate; |
---|
1702 | 1702 | | 1693 (ii) record the names of the responding bidders, the date of the response, a description of |
---|
1703 | 1703 | | 1694goods or services and the amount of each quotation; |
---|
1704 | 1704 | | 1695 (iii) have the right, for any reason, and at any time prior to the execution of a contract, and |
---|
1705 | 1705 | | 1696without penalty, to notify bidders of a cancellation of procurement and the rejection of all bids |
---|
1706 | 1706 | | 1697and shall include such right of cancellation on the public posting; |
---|
1707 | 1707 | | 1698 (iv) review each bid to confirm that it satisfies the requirements of the House’s request; 83 of 146 |
---|
1708 | 1708 | | 1699 (v) determine, in consultation with the House office requesting the goods or services, which |
---|
1709 | 1709 | | 1700bid satisfying the requirements of the House’s request also offers the needed quality of goods or |
---|
1710 | 1710 | | 1701services and represents the best value to the House; |
---|
1711 | 1711 | | 1702 (vi) transmit to each member of the committee on Operations, Facilities and Security: (A) all |
---|
1712 | 1712 | | 1703bids submitted in response to the House’s request; (B) the House Business Manager’s |
---|
1713 | 1713 | | 1704determination pursuant to clause (v) as to which bid satisfying the requirements of the House’s |
---|
1714 | 1714 | | 1705request also offers the needed quality of goods or services and represents the best value to the |
---|
1715 | 1715 | | 1706House; and (C) a written summary identifying all steps taken by the House Business Manager for |
---|
1716 | 1716 | | 1707compliance with this rule and any other information the House Business Manager deems |
---|
1717 | 1717 | | 1708necessary; and |
---|
1718 | 1718 | | 1709 (vii) obtain the written approval of the committee on Operations, Facilities and Security |
---|
1719 | 1719 | | 1710before any bid is selected and any procurement is made pursuant to this paragraph. |
---|
1720 | 1720 | | 1711 (d) Notwithstanding subsections (a) through (c), all procurements for legal services and legal |
---|
1721 | 1721 | | 1712resources shall be handled exclusively by Counsel in compliance with the provisions of this rule |
---|
1722 | 1722 | | 1713to the extent practicable. |
---|
1723 | 1723 | | 1714 (e) The House Business Manager shall maintain a separate file on each procurement made |
---|
1724 | 1724 | | 1715under this rule and Joint Rule 36 and shall include in such file a copy of all documents |
---|
1725 | 1725 | | 1716constituting the agreement for goods and services and all documents evidencing compliance with |
---|
1726 | 1726 | | 1717this rule, including but not limited to any written approvals by the committee on Operations, |
---|
1727 | 1727 | | 1718Facilities and Security required under this rule. |
---|
1728 | 1728 | | 1719 (f) For each contract not executed using a statewide procurement contract established by the |
---|
1729 | 1729 | | 1720operational services division and in excess of $10,000, the House Business Manager shall make 84 of 146 |
---|
1730 | 1730 | | 1721the file maintained pursuant to subsection (e) available for inspection within said office by |
---|
1731 | 1731 | | 1722members of the House for at least 3 years from the date of final payment under the contract; |
---|
1732 | 1732 | | 1723provided, however, that the House Business Manager, in consultation with Counsel, shall redact |
---|
1733 | 1733 | | 1724from said file any information which (i) is legally privileged; (ii) is proprietary; (iii) is related to |
---|
1734 | 1734 | | 1725individual members or House personnel; or (iv) is otherwise protected by state or federal law. |
---|
1735 | 1735 | | 1726 (g) No member, officer or employee of the House shall execute a contract for the procurement |
---|
1736 | 1736 | | 1727of goods or services under this rule without the prior written approval of House Counsel. |
---|
1737 | 1737 | | 1728 (h) On or before the 15th calendar day of each month, the House Business Manager shall |
---|
1738 | 1738 | | 1729transmit to the committee on Operations, Facilities and Security and House Counsel a written |
---|
1739 | 1739 | | 1730report identifying all procurements of goods or services, including procurements made pursuant |
---|
1740 | 1740 | | 1731to Joint Rule 36, made during the previous calendar month, regardless of the amount and |
---|
1741 | 1741 | | 1732whether the procurement was made pursuant to a statewide procurement contract. |
---|
1742 | 1742 | | 1733 (i) Whenever the time required to comply with a requirement of this rule would endanger the |
---|
1743 | 1743 | | 1734health, safety or convenience of the members, staff or visitors to the House of Representatives, |
---|
1744 | 1744 | | 1735the House Business Manager, or House Counsel in the case of a procurement for legal consulting |
---|
1745 | 1745 | | 1736services and legal resources, may make an emergency procurement without satisfying the |
---|
1746 | 1746 | | 1737requirements of subsections (b), (c) and (d); provided, however, that both the House Business |
---|
1747 | 1747 | | 1738Manager, or House Counsel in the case of a procurement for legal consulting services and legal |
---|
1748 | 1748 | | 1739resources, and the chair of the committee on Operations, Facilities and Security certify in |
---|
1749 | 1749 | | 1740writing: (i) that an emergency exists and explain the nature thereof; (ii) that said emergency |
---|
1750 | 1750 | | 1741procurement is limited to only supplies or services necessary to meet the emergency; (iii) that |
---|
1751 | 1751 | | 1742said emergency procurement conforms to the requirements of this rule to the extent practicable 85 of 146 |
---|
1752 | 1752 | | 1743under the circumstances; and (iv) each contractor’s name, the amount and the type of each |
---|
1753 | 1753 | | 1744contract, the supplies or services provided under each contract, and (vii) the basis for |
---|
1754 | 1754 | | 1745determining the need for an emergency procurement. Such certification shall be filed with the |
---|
1755 | 1755 | | 1746Clerk of the House prior to an emergency procurement. |
---|
1756 | 1756 | | 1747[Adopted Jan. 20, 2011, Amended Jan. 23, 2013; Jan. 29, 2015; Feb. 19, 2015; Jan. 30, 2019; |
---|
1757 | 1757 | | 1748Jul. 7, 2021; Feb. 1, 2023.] |
---|
1758 | 1758 | | 1749Professional Standards and Conduct. |
---|
1759 | 1759 | | 1750 88. (a) As used in Rules 88 to 100, inclusive, the following terms shall, unless the context |
---|
1760 | 1760 | | 1751clearly requires otherwise, have the following meanings:- |
---|
1761 | 1761 | | 1752 “Authorized party”, a party authorized to receive a complaint of harassment or retaliation |
---|
1762 | 1762 | | 1753pursuant to Rule 93. |
---|
1763 | 1763 | | 1754 “Counsel”, Legal Counsel to the House appointed pursuant to Rule 13B. |
---|
1764 | 1764 | | 1755 “Director”, the Director of Human Resources appointed pursuant to Rule 90. |
---|
1765 | 1765 | | 1756 “Discriminatory harassment”, verbal or physical conduct that: |
---|
1766 | 1766 | | 1757 (1) demeans, stereotypes, or shows hostility or aversion toward an individual or group because |
---|
1767 | 1767 | | 1758of the individual's race, color, religion, national origin, sex, ancestry, sexual orientation, age, |
---|
1768 | 1768 | | 1759disability status, genetic information, gender identity, active military personnel status, |
---|
1769 | 1769 | | 1760transgender status or membership in any other protected class and; |
---|
1770 | 1770 | | 1761 (2) (i) has the purpose or effect of creating an intimidating, hostile, humiliating or offensive |
---|
1771 | 1771 | | 1762working environment; 86 of 146 |
---|
1772 | 1772 | | 1763 (ii) has the purpose or effect of unreasonably interfering with a member, officer, intern or |
---|
1773 | 1773 | | 1764employee's work performance or official duties; or |
---|
1774 | 1774 | | 1765 (iii) otherwise adversely affects a member, officer, intern or employee's employment |
---|
1775 | 1775 | | 1766opportunities or ability to fulfill their official duties or conduct business before the House. |
---|
1776 | 1776 | | 1767 “EEO Officer”, the outside, independent Equal Employment Opportunity Officer contracted |
---|
1777 | 1777 | | 1768by the House pursuant to Rule 89. |
---|
1778 | 1778 | | 1769 “Harassment”, discriminatory harassment or sexual harassment engaged in by a member, |
---|
1779 | 1779 | | 1770officer, intern or employee of the House or by a third party. |
---|
1780 | 1780 | | 1771 “Sexual harassment”, sexual advances, requests for sexual favors and verbal or physical |
---|
1781 | 1781 | | 1772conduct of a sexual nature when: |
---|
1782 | 1782 | | 1773 (1) submission to or rejection of such advances, requests or conduct is made either explicitly or |
---|
1783 | 1783 | | 1774implicitly a term or condition of employment or as a basis for employment decisions, or as a |
---|
1784 | 1784 | | 1775term, condition or basis for the support of certain policy objectives, political aspirations or |
---|
1785 | 1785 | | 1776business before the House; or |
---|
1786 | 1786 | | 1777 (2) such advances, requests or conduct have the purpose or effect of unreasonably interfering |
---|
1787 | 1787 | | 1778with a member, officer, intern or employee's work performance or official duties by creating an |
---|
1788 | 1788 | | 1779intimidating, hostile, humiliating or sexually offensive work environment. |
---|
1789 | 1789 | | 1780 Under this definition, direct or implied requests for sexual favors in exchange for actual or |
---|
1790 | 1790 | | 1781promised (i) employment benefits such as favorable reviews, salary increases, promotions, |
---|
1791 | 1791 | | 1782increased benefits or continued employment or (ii) support for certain policy objectives, political |
---|
1792 | 1792 | | 1783aspirations or business before the House, shall constitute sexual harassment. 87 of 146 |
---|
1793 | 1793 | | 1784 The definition of sexual harassment is broad and may include other sexually oriented conduct, |
---|
1794 | 1794 | | 1785whether or not it is intended to violate this Rule, that is unwelcome and has the effect of creating |
---|
1795 | 1795 | | 1786a workplace environment that is hostile, offensive, intimidating or humiliating to a member, |
---|
1796 | 1796 | | 1787officer, intern or employee of the same or different gender, or those who do not identify as |
---|
1797 | 1797 | | 1788gender binary. |
---|
1798 | 1798 | | 1789 “Supervisor”, a member, officer or employee having direct authority or oversight over one or |
---|
1799 | 1799 | | 1790more employees. |
---|
1800 | 1800 | | 1791 “Third party”, any person visiting the House of Representatives, or conducting official |
---|
1801 | 1801 | | 1792business or work with any member, officer or employee of the House. |
---|
1802 | 1802 | | 1793 (b) The House is committed to providing fair and equal opportunity for employment and |
---|
1803 | 1803 | | 1794advancement to all employees and applicants. |
---|
1804 | 1804 | | 1795 It is the House’s policy and practice to assign, promote and compensate employees on the |
---|
1805 | 1805 | | 1796basis of qualifications, merit, and competence. Employment practices shall not be influenced nor |
---|
1806 | 1806 | | 1797affected by virtue of an applicant's or employee's race, color, religion, national origin, sex, |
---|
1807 | 1807 | | 1798ancestry, sexual orientation, age, disability status, genetic information, gender identity, active |
---|
1808 | 1808 | | 1799military personnel status, transgender status or membership in any other protected class. |
---|
1809 | 1809 | | 1800 This policy governs all aspects of recruiting, hiring, training, on-the-job treatment, promotion, |
---|
1810 | 1810 | | 1801transfer, discharge and all other terms and conditions of employment. |
---|
1811 | 1811 | | 1802 Without limiting the applicability of the foregoing, the House is committed to creating and |
---|
1812 | 1812 | | 1803maintaining a work environment in which all members, officers, interns and employees of the |
---|
1813 | 1813 | | 1804House, and all third parties, are treated with respect and free from any form of harassment, 88 of 146 |
---|
1814 | 1814 | | 1805including harassment based on an individual's membership in any protected class. To that end, |
---|
1815 | 1815 | | 1806the House will not tolerate harassment of any kind by any member, officer, intern, employee or |
---|
1816 | 1816 | | 1807third party in the workplace or otherwise in connection with the official duties or employment |
---|
1817 | 1817 | | 1808responsibilities of a member, officer, third party, intern or employee. Any individual who |
---|
1818 | 1818 | | 1809believes that they may have been the object of harassment, or any individual who witnesses |
---|
1819 | 1819 | | 1810something they think may be harassment, is strongly encouraged to report that information to an |
---|
1820 | 1820 | | 1811authorized party. |
---|
1821 | 1821 | | 1812 The House shall promote the safety and respectful treatment of all members, officers, interns |
---|
1822 | 1822 | | 1813and employees of the House, and all third parties, by establishing uniform procedures for making |
---|
1823 | 1823 | | 1814and receiving complaints of harassment and, in coordination with the EEO Officer, initiating, |
---|
1824 | 1824 | | 1815conducting and concluding investigations into complaints of harassment. |
---|
1825 | 1825 | | 1816 A violation of this policy will subject the member, officer, employee or intern to discipline |
---|
1826 | 1826 | | 1817pursuant to Rule 95 and Rule 96. |
---|
1827 | 1827 | | 1818 (c)(1) Discriminatory harassment may include, but is not limited to, the following conduct: |
---|
1828 | 1828 | | 1819 (i) epithets, slurs, insults or negative stereotyping related to the protected classes; |
---|
1829 | 1829 | | 1820 (ii) acts or jokes that are hostile or demeaning with regard to the protected classes; |
---|
1830 | 1830 | | 1821 (iii) threatening, intimidating or hostile acts that relate to the protected classes; |
---|
1831 | 1831 | | 1822 (iv) displays of written or graphic material that demean, ridicule or show hostility toward an |
---|
1832 | 1832 | | 1823individual or group because of membership in a protected class, including material circulated or |
---|
1833 | 1833 | | 1824displayed in the workplace, including District Offices, such as on an employee's desk or 89 of 146 |
---|
1834 | 1834 | | 1825workspace, or on House equipment or bulletin boards, including but not limited to House-issued |
---|
1835 | 1835 | | 1826computers, laptops and personal device assistants; |
---|
1836 | 1836 | | 1827 (v) verbal or non-verbal innuendo, and micro-aggressions; and |
---|
1837 | 1837 | | 1828 (vi) other conduct that falls within the definition of discriminatory harassment set forth above. |
---|
1838 | 1838 | | 1829 (2) Sexual harassment includes, but is not limited to, the following conduct: |
---|
1839 | 1839 | | 1830 (i) gender-based bullying, including bullying based on transgender or non-gender binary status; |
---|
1840 | 1840 | | 1831 (ii) attempts to coerce an unwilling person into a sexual relationship; |
---|
1841 | 1841 | | 1832 (iii) repeatedly subjecting a person to unwelcome sexual or romantic attention; |
---|
1842 | 1842 | | 1833 (iv) punishing a person's refusal to comply with a request for sexual conduct; and |
---|
1843 | 1843 | | 1834 (v) conditioning a benefit on submitting to sexual advances. |
---|
1844 | 1844 | | 1835 (3) Conduct that, if unwelcome, and depending upon the totality of the circumstances, |
---|
1845 | 1845 | | 1836including the severity of the conduct and its pervasiveness, may constitute sexual harassment |
---|
1846 | 1846 | | 1837includes, but is not limited to, the following: |
---|
1847 | 1847 | | 1838 (i) unwelcome sexual advances, flirtations or propositions, whether they involve physical |
---|
1848 | 1848 | | 1839touching or not; |
---|
1849 | 1849 | | 1840 (ii) sexual “kidding,” epithets, jokes, written or oral references to sexual conduct; |
---|
1850 | 1850 | | 1841 (iii) gossip regarding one's sex life; |
---|
1851 | 1851 | | 1842 (iv) comment on a person’s body or an individual's sexual activity, deficiencies, or prowess; 90 of 146 |
---|
1852 | 1852 | | 1843 (v) displaying sexually suggestive objects, pictures, posters or cartoons; |
---|
1853 | 1853 | | 1844 (vi) unwelcome leering or staring at a person; |
---|
1854 | 1854 | | 1845 (vii) sexual gestures and suggestive or insulting sounds, such as whistling or comments with |
---|
1855 | 1855 | | 1846sexual content or meaning; |
---|
1856 | 1856 | | 1847 (viii) uninvited physical contact, such as touching, hugging, purposely brushing against the |
---|
1857 | 1857 | | 1848body, patting or pinching; |
---|
1858 | 1858 | | 1849 (ix) indecent exposure; |
---|
1859 | 1859 | | 1850 (x) inquiries into one’s sexual experiences; |
---|
1860 | 1860 | | 1851 (xi) discussion of one’s sexual activities; |
---|
1861 | 1861 | | 1852 (xii) sexual emails; and |
---|
1862 | 1862 | | 1853 (xiii) sexting, or sexual messages or images posted on social media, for example, texts, instant |
---|
1863 | 1863 | | 1854messages, Facebook posts, tweets, Snapchat, Instagram or blog entries. |
---|
1864 | 1864 | | 1855 (d) No member, officer or employee of the House shall retaliate, including against a member, |
---|
1865 | 1865 | | 1856officer, intern, or employee of the House who has complained about harassment or participated |
---|
1866 | 1866 | | 1857in an investigation into an allegation of harassment or retaliation. Any person who believes that |
---|
1867 | 1867 | | 1858they may have been the subject of retaliation for having complained of harassment or retaliation, |
---|
1868 | 1868 | | 1859or for having participated in an investigation related to an allegation of harassment or retaliation, |
---|
1869 | 1869 | | 1860is strongly encouraged to report that information to an authorized party. |
---|
1870 | 1870 | | 1861 [Added Mar. 15, 2018; Jan. 30, 2019; Feb. 1, 2023.] 91 of 146 |
---|
1871 | 1871 | | 1862 89. (a) The House shall contract with an EEO Officer, who shall not be an employee of the |
---|
1872 | 1872 | | 1863General Court or any other Commonwealth entity or instrumentality. The committee on Human |
---|
1873 | 1873 | | 1864Resources and Employee Engagement shall contract with a qualified person or entity with |
---|
1874 | 1874 | | 1865expertise in conducting investigations to act as the EEO Officer pursuant to the procurement |
---|
1875 | 1875 | | 1866procedures in Rule 87. The contract shall contain such terms as are, in the judgment of the |
---|
1876 | 1876 | | 1867committee, necessary and appropriate to effectuate the goals of this Rule and related provisions |
---|
1877 | 1877 | | 1868of Rules 93 to 100, inclusive. |
---|
1878 | 1878 | | 1869 (b) The EEO Officer shall review and investigate complaints deemed plausible pursuant to |
---|
1879 | 1879 | | 1870Rule 94 alleging a violation of Rule 88, the House Anti-Harassment Policy, or the House Equal |
---|
1880 | 1880 | | 1871Employment Policy, including, but not limited to complaints alleging harassment or retaliation. |
---|
1881 | 1881 | | 1872Complaints shall be received, reviewed and investigated pursuant to Rules 93 to 97, inclusive. |
---|
1882 | 1882 | | 1873 [Adopted Mar. 15, 2018; Amended Jul. 7, 2021.] |
---|
1883 | 1883 | | 1874 90. (a) The House shall employ a full-time Director of Human Resources. The committee on |
---|
1884 | 1884 | | 1875Human Resources and Employee Engagement shall appoint a qualified person to act as the |
---|
1885 | 1885 | | 1876Director at such compensation as the committee on Rules shall approve. |
---|
1886 | 1886 | | 1877 The Director shall serve a term of two years from the date of appointment, unless the Director |
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1887 | 1887 | | 1878sooner resigns, retires or is removed; provided, however, that the Director may only be removed: |
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1888 | 1888 | | 1879(i) for misfeasance, malfeasance or nonfeasance, as determined by Counsel and approved by a |
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1889 | 1889 | | 1880majority vote of the committee on Human Resources and Employee Engagement ; or (ii) by a |
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1890 | 1890 | | 1881majority roll call vote of the House. |
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1891 | 1891 | | 1882 (b) The Director may employ such assistants as may be necessary in the discharge of the |
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1892 | 1892 | | 1883Director’s duties, subject to the approval of the committee on Human Resources and Employee 92 of 146 |
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1893 | 1893 | | 1884Engagement, and may expend with like approval such sums as may be necessary for the |
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1894 | 1894 | | 1885discharge of their duties. |
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1895 | 1895 | | 1886 (c) The Director shall develop and oversee standardized practices and procedures, which shall |
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1896 | 1896 | | 1887apply to all applications for employment. The practices and procedures shall include, but shall |
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1897 | 1897 | | 1888not be limited to: (i) a standard application for employment; (ii) mandatory background and |
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1898 | 1898 | | 1889reference checks, the results of which shall be reported by the Director to the applicant’s |
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1899 | 1899 | | 1890prospective appointing authority; and (iii) a standard offer letter for each position within the |
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1900 | 1900 | | 1891House. |
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1901 | 1901 | | 1892 (d) The Director shall develop and oversee standardized practices and procedures, which shall |
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1902 | 1902 | | 1893apply to all employees and appointed officers of the House. These practices and procedures shall |
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1903 | 1903 | | 1894include or address, without limitation: (i) regular meetings between the Director and employees |
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1904 | 1904 | | 1895who are supervisors, including an initial meeting within 14 days of the employee assuming such |
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1905 | 1905 | | 1896a role; (ii) guidelines for conducting employee performance reviews; (iii) a program of |
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1906 | 1906 | | 1897progressive discipline; and (iv) separations from employment including exit interviews for |
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1907 | 1907 | | 1898terminated employees. |
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1908 | 1908 | | 1899 (e) The Director and the Director of Employee Engagement, in consultation with Counsel, |
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1909 | 1909 | | 1900shall develop employee classifications, which shall include written job descriptions, salary |
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1910 | 1910 | | 1901ranges and schedules. The classifications shall be published in the employee and supervisor |
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1911 | 1911 | | 1902handbooks. The Director may develop a seniority system on which employee salaries may be |
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1912 | 1912 | | 1903based. A seniority system shall be published in the employee handbook. |
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1913 | 1913 | | 1904 (f) The Director, in consultation with the Director of Employee Engagement and Counsel, |
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1914 | 1914 | | 1905shall develop practices and procedures for receiving, investigating and resolving personnel 93 of 146 |
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1915 | 1915 | | 1906complaints unrelated to Rule 88, the House Anti-Harassment Policy, or the House Equal |
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1916 | 1916 | | 1907Employment Policy. |
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1917 | 1917 | | 1908 (g) The Director, in consultation with the Director of Employee Engagement and subject to |
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1918 | 1918 | | 1909the approval of Counsel, shall develop and implement written policies and procedures for |
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1919 | 1919 | | 1910receiving and maintaining records of complaints against members, officers, interns or employees |
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1920 | 1920 | | 1911of the House, or against third parties, made in accordance with Rules 93 to 98, inclusive. |
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1921 | 1921 | | 1912 (h) The Director shall annually publish: (i) an Employee Handbook; and (ii) an Intern |
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1922 | 1922 | | 1913Handbook. Each handbook shall be developed with the advice and approval of Counsel, and |
---|
1923 | 1923 | | 1914shall be submitted to the committee on Human Resources and Employee Engagement for review |
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1924 | 1924 | | 1915and approval at least 14 days prior to publication. |
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1925 | 1925 | | 1916 The handbooks shall be available as follows: |
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1926 | 1926 | | 1917 (i) the Director shall post both handbooks on the human resources web portal; |
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1927 | 1927 | | 1918 (ii) the Director shall email an electronic copy of the Employee Handbook to each employee |
---|
1928 | 1928 | | 1919within 10 days of its publication and require that each employee sign a written acknowledgement |
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1929 | 1929 | | 1920of receipt and return such acknowledgement to the Director within 5 days; |
---|
1930 | 1930 | | 1921 (iii) the Director shall email an electronic copy of the Employee Handbook to each new |
---|
1931 | 1931 | | 1922employee within 5 days of the employee's start date and require that the employee sign a written |
---|
1932 | 1932 | | 1923acknowledgement of receipt and return such acknowledgement to the Director within 5 days; |
---|
1933 | 1933 | | 1924 (iv) the committee on Human Resources and Employee Engagement shall provide an Intern |
---|
1934 | 1934 | | 1925Handbook to each intern on the first day of their internship. Upon receipt of the Intern Handbook 94 of 146 |
---|
1935 | 1935 | | 1926the intern shall sign a written acknowledgement of receipt that day, which shall be maintained by |
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1936 | 1936 | | 1927the committee, with a copy sent to the Director; |
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1937 | 1937 | | 1928 (vi) hard copies of each handbook shall be available in the offices of the Director, the Director |
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1938 | 1938 | | 1929of Employee Engagement, Counsel and the Clerk; |
---|
1939 | 1939 | | 1930 (vi) the Director shall cause electronic copies of each handbook to be downloaded onto the |
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1940 | 1940 | | 1931desktop of each House computer; and |
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1941 | 1941 | | 1932 (vii) in formats accessible to all members, officers and employees. |
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1942 | 1942 | | 1933 (i)(1) The committee on Human Resources and Employee Engagement, in consultation with |
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1943 | 1943 | | 1934the Director, shall develop policies to address individuals who provide services to the House in a |
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1944 | 1944 | | 1935volunteer capacity or otherwise without receiving compensation |
---|
1945 | 1945 | | 1936 (2) The committee on Human Resources and Employee Engagement, in consultation with the |
---|
1946 | 1946 | | 1937Director and subject to the approval of Counsel, shall develop policies to address pro-bono |
---|
1947 | 1947 | | 1938service and charitable and community service activities by members, officers and employees of |
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1948 | 1948 | | 1939the House. |
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1949 | 1949 | | 1940 [Added Mar. 15. 2018; Amended Jan. 30, 2019; Jul. 7, 2021.] |
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1950 | 1950 | | 1941 91. The Director shall, in consultation with the Director of Employee Engagement, create and |
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1951 | 1951 | | 1942maintain an internal web portal for members, officers and employees. The web portal shall |
---|
1952 | 1952 | | 1943provide relevant information on human resource policies and procedures, including, without |
---|
1953 | 1953 | | 1944limitation, the Rules of the House, each handbook published by the Director, explanations of |
---|
1954 | 1954 | | 1945complaint and investigation procedures, contact information for the Director, the Director of 95 of 146 |
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1955 | 1955 | | 1946Employee Engagement, and Counsel, training opportunities and schedules and the directory of |
---|
1956 | 1956 | | 1947committee staff required pursuant to Rule 92. |
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1957 | 1957 | | 1948 [Added Mar. 15, 2018; Amended Jul. 7, 2021; Feb. 1, 2023.] |
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1958 | 1958 | | 1949 92. (a) The House shall employ a full-time Director of Employee Engagement. The |
---|
1959 | 1959 | | 1950committee on Human Resources and Employee Engagement shall appoint a qualified person to |
---|
1960 | 1960 | | 1951act as the Director of Employee Engagement at such compensation as the committee on Human |
---|
1961 | 1961 | | 1952Resources and Employee Engagement shall approve. |
---|
1962 | 1962 | | 1953 (b) The Director of Employee Engagement shall, in consultation with the Director of Human |
---|
1963 | 1963 | | 1954Resources: (i) develop methods for enhancing the skills and professional development of |
---|
1964 | 1964 | | 1955employees including skills for providing constituent services and engaging with, and ensuring |
---|
1965 | 1965 | | 1956the privacy of, members of the public who visit the State House; (ii) explore and develop |
---|
1966 | 1966 | | 1957partnerships with national trade organizations to maximize the opportunities for professional |
---|
1967 | 1967 | | 1958development available to employees; and (iv) engage employees in roundtable discussions on |
---|
1968 | 1968 | | 1959issues of importance or concern. |
---|
1969 | 1969 | | 1960 (c) The Director of Employee Engagement shall assist the committee on Human Resources |
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1970 | 1970 | | 1961and Employee Engagement with duties as may be assigned by the committee or the Director of |
---|
1971 | 1971 | | 1962Human Resources. |
---|
1972 | 1972 | | 1963 (d) The Director of Employee Engagement shall prepare and publish on the house intranet a |
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1973 | 1973 | | 1964directory of committee staff. |
---|
1974 | 1974 | | 1965 (e)(1) The Director of Employee Engagement, in conjunction with the committee on Human |
---|
1975 | 1975 | | 1966Resources and Employee Engagement and Counsel, shall provide for training of members. 96 of 146 |
---|
1976 | 1976 | | 1967Training shall include, without limitation, instruction on: (i) House equal employment policies, |
---|
1977 | 1977 | | 1968including the complaint and investigation process; (ii) workplace harassment specifically, |
---|
1978 | 1978 | | 1969including techniques for bystander intervention and other best practices; (iii) prohibition on |
---|
1979 | 1979 | | 1970retaliation; (iv) best management practices; (v) professionalism and respect; and (vi) practices for |
---|
1980 | 1980 | | 1971monitoring the workplace for issues and identifying risk factors. Each member shall make a |
---|
1981 | 1981 | | 1972signed, written acknowledgement of the member’s completion of the training, which shall be |
---|
1982 | 1982 | | 1973maintained in the Director’s records. |
---|
1983 | 1983 | | 1974 (2) The Director of Employee Engagement, in conjunction with the committee on Human |
---|
1984 | 1984 | | 1975Resources and Employee Engagement and Counsel, shall provide for annual training for all |
---|
1985 | 1985 | | 1976appointed officers and employees. Training shall include, without limitation, instruction on (i) |
---|
1986 | 1986 | | 1977House equal employment policies, including the complaint and investigation process; (ii) |
---|
1987 | 1987 | | 1978workplace harassment specifically, including techniques for bystander intervention and other |
---|
1988 | 1988 | | 1979best practices; (iii) prohibition on retaliation; and (iv) professionalism and respect. |
---|
1989 | 1989 | | 1980 Separate trainings shall be held for those appointed officers and employees who are |
---|
1990 | 1990 | | 1981supervisors and those appointed officers and employees who are not supervisors. The content of |
---|
1991 | 1991 | | 1982the training shall be tailored appropriately to the recipients. Supervisors shall be specifically |
---|
1992 | 1992 | | 1983trained on best management practices. |
---|
1993 | 1993 | | 1984 Each appointed officer and employee shall make a signed, written acknowledgement of their |
---|
1994 | 1994 | | 1985completion of the training, who shall provide a copy to the Director to be maintained in their |
---|
1995 | 1995 | | 1986personnel file. 97 of 146 |
---|
1996 | 1996 | | 1987 (3) The Director of Employee Engagement shall provide for appropriate additional training to |
---|
1997 | 1997 | | 1988members, officers or employees at any time that the Director of Employee Engagement deems |
---|
1998 | 1998 | | 1989necessary or appropriate, including upon the request of a member, officer or employee. |
---|
1999 | 1999 | | 1990 (4) The Director of Employee Engagement shall provide for training for interns during the |
---|
2000 | 2000 | | 1991intern orientation process. The training shall include without limitation, instruction on: (i) House |
---|
2001 | 2001 | | 1992equal employment policies, including the complaint and investigation process; (ii) workplace |
---|
2002 | 2002 | | 1993harassment specifically, including techniques for bystander intervention and other best practices; |
---|
2003 | 2003 | | 1994(iii) prohibition on retaliation; and (iv) professionalism and respect. Each intern shall make a |
---|
2004 | 2004 | | 1995signed, written acknowledgement of the intern’s completion of the training, which shall be |
---|
2005 | 2005 | | 1996retained by the Director to be maintained in the Director's records. |
---|
2006 | 2006 | | 1997 [Added Mar. 15, 2018; Amended Jul. 7, 2021.] |
---|
2007 | 2007 | | 1998 93.(a)(1) A member who believes that they have been the object of harassment or retaliation, |
---|
2008 | 2008 | | 1999who witnesses harassment or retaliation, or who becomes aware of harassment or retaliation may |
---|
2009 | 2009 | | 2000make a complaint, either orally or in writing with the Director, the Director of Employee |
---|
2010 | 2010 | | 2001Engagement or Counsel. Upon receipt of a complaint pursuant to this subsection, a recipient |
---|
2011 | 2011 | | 2002other than the Director shall forthwith provide a detailed account of the complaint to the Director |
---|
2012 | 2012 | | 2003for assessment pursuant to Rule 94. |
---|
2013 | 2013 | | 2004 (2) An appointed officer, employee or intern of the House who believes that they have been |
---|
2014 | 2014 | | 2005the object of harassment or retaliation, who witnesses harassment or retaliation, or who becomes |
---|
2015 | 2015 | | 2006aware of harassment or retaliation may make a complaint, either orally or in writing, to any of |
---|
2016 | 2016 | | 2007the officer’s, employee’s or intern’s supervisors, the Director, the Director of Employee |
---|
2017 | 2017 | | 2008Engagement or Counsel. Upon receipt of a complaint pursuant to this subsection, a recipient 98 of 146 |
---|
2018 | 2018 | | 2009other than the Director shall forthwith provide a detailed account of the complaint to the Director |
---|
2019 | 2019 | | 2010for assessment pursuant to Rule 94. |
---|
2020 | 2020 | | 2011 (3) A third party who believes that they have been the object of harassment, or who witnesses |
---|
2021 | 2021 | | 2012harassment or retaliation may make a complaint, either orally or in writing, with the Director. |
---|
2022 | 2022 | | 2013Upon receipt of a complaint pursuant to this subsection, the Director shall assess the complaint |
---|
2023 | 2023 | | 2014pursuant to Rule 94. |
---|
2024 | 2024 | | 2015 (b) The Director, in consultation with the Director of Employee Engagement and subject to |
---|
2025 | 2025 | | 2016the approval of Counsel, shall provide guidance for authorized parties who may receive |
---|
2026 | 2026 | | 2017complaints under subsection (a), both in the form of the training referenced in Rule 92 and |
---|
2027 | 2027 | | 2018otherwise. The guidance shall instruct authorized parties on the proper way to receive complaints |
---|
2028 | 2028 | | 2019and to advise complainants on issues including, but not limited to, confidentiality, prohibition on |
---|
2029 | 2029 | | 2020retaliation and the availability of additional resources and avenues for action for the complainant, |
---|
2030 | 2030 | | 2021including possible criminal action where appropriate. |
---|
2031 | 2031 | | 2022 (c) If a complaint made pursuant to subsection (a) is against the Director or EEO Officer, the |
---|
2032 | 2032 | | 2023recipient of the complaint shall notify Counsel, rather than the Director, and Counsel shall then: |
---|
2033 | 2033 | | 2024(i) refer the matter to the EEO Officer for investigation if the complaint is against the Director; |
---|
2034 | 2034 | | 2025or (2) investigate the complaint pursuant to Rules 94 to 96, inclusive, if the complaint is against |
---|
2035 | 2035 | | 2026the EEO Officer. |
---|
2036 | 2036 | | 2027 (d) If, based on the nature and circumstances of the complaint, the EEO Officer believes that |
---|
2037 | 2037 | | 2028they cannot objectively assess or investigate a complaint referred to them pursuant to Rule 94, |
---|
2038 | 2038 | | 2029the EEO Officer shall immediately notify Counsel, who shall refer the complaint to outside 99 of 146 |
---|
2039 | 2039 | | 2030counsel for investigation. Counsel shall provide the EEO Officer with guidelines used to identify |
---|
2040 | 2040 | | 2031matters that should be referred to Counsel or outside counsel pursuant to this subsection. |
---|
2041 | 2041 | | 2032 [Added Mar. 15, 2018; Amended Jan. 30, 2019.] |
---|
2042 | 2042 | | 2033 94. (a)(1) All complaints alleging harassment or retaliation by or against a member, officer, |
---|
2043 | 2043 | | 2034intern or employee of the House, or by or against a third party, received by any member, officer |
---|
2044 | 2044 | | 2035or employee of the House, shall be immediately referred to the Director for initial assessment. |
---|
2045 | 2045 | | 2036 (2) Upon receiving a complaint alleging harassment or retaliation by or against a member, |
---|
2046 | 2046 | | 2037officer, intern or employee of the House, or by or against a third party, the Director shall |
---|
2047 | 2047 | | 2038promptly undertake an initial assessment to determine whether the complaint is plausible and |
---|
2048 | 2048 | | 2039requires investigation. Such assessment shall be completed within two weeks from the date of |
---|
2049 | 2049 | | 2040receiving a complaint. |
---|
2050 | 2050 | | 2041 Upon a determination by the Director that a complaint is plausible and requires investigation, |
---|
2051 | 2051 | | 2042the Director shall notify Counsel that a complaint is being referred to the EEO Officer and shall |
---|
2052 | 2052 | | 2043then submit the complaint along with the Director’s initial assessment to the EEO Officer so that |
---|
2053 | 2053 | | 2044the EEO Officer may commence an investigation of the complaint. |
---|
2054 | 2054 | | 2045 (3) Upon a determination by the Director that a complaint is not plausible and does not |
---|
2055 | 2055 | | 2046require investigation, the Director shall submit a report to Counsel describing the complaint and |
---|
2056 | 2056 | | 2047the Director’s basis for determining that the complaint lacked plausibility and did not require |
---|
2057 | 2057 | | 2048investigation. If Counsel objects to the Director’s determination, the Director shall then submit |
---|
2058 | 2058 | | 2049the complaint to the EEO Officer so that the EEO Officer may commence an investigation of the |
---|
2059 | 2059 | | 2050complaint. 100 of 146 |
---|
2060 | 2060 | | 2051 (4) Upon receiving a complaint submitted pursuant to (2), the EEO Officer shall confirm the |
---|
2061 | 2061 | | 2052Director’s assessment that the Complaint is plausible. If the EEO Officer confirms that the |
---|
2062 | 2062 | | 2053complaint is plausible, the EEO Officer will then commence an investigation. If the EEO Officer |
---|
2063 | 2063 | | 2054assesses that the Complaint is not plausible, notwithstanding the Director’s initial assessment, |
---|
2064 | 2064 | | 2055then the EEO Officer shall so notify Counsel. Counsel shall then review the complaint and the |
---|
2065 | 2065 | | 2056basis for both the Director’s initial assessment and the EEO Officer’s contrary assessment and |
---|
2066 | 2066 | | 2057shall determine whether or not the EEO Officer shall proceed with an investigation. |
---|
2067 | 2067 | | 2058 (b) The EEO Officer shall conduct investigations pursuant to written policies and procedures, |
---|
2068 | 2068 | | 2059which shall be established by the EEO Officer pursuant to Rule 98, as well as established best |
---|
2069 | 2069 | | 2060practices. The policies and procedures shall ensure that all investigations and reports are |
---|
2070 | 2070 | | 2061confidential to the fullest extent practicable under the circumstances and shall reflect well- |
---|
2071 | 2071 | | 2062established industry best practices for EEO-related investigations. |
---|
2072 | 2072 | | 2063 (c) The EEO Officer shall complete investigations within 90 days; provided, that the EEO |
---|
2073 | 2073 | | 2064Officer may extend the investigation in extraordinary circumstances. The EEO Officer shall |
---|
2074 | 2074 | | 2065regularly, but no less frequently than every 2 weeks, update the complainant on the status of the |
---|
2075 | 2075 | | 2066investigation. If the EEO Officer believes that interim measures are warranted to protect |
---|
2076 | 2076 | | 2067complainants during the investigation, then the EEO shall recommend such measures to Counsel, |
---|
2077 | 2077 | | 2068who shall work with the appropriate supervisory individual or body to implement such interim |
---|
2078 | 2078 | | 2069measures as necessary and appropriate. |
---|
2079 | 2079 | | 2070 (d) Upon the conclusion of an investigation, the EEO Officer shall prepare a report |
---|
2080 | 2080 | | 2071summarizing the complaint, the EEO Officer’s investigation, findings and recommendations, if |
---|
2081 | 2081 | | 2072any, for disciplinary, remedial or preventative action, or any combination thereof. The EEO 101 of 146 |
---|
2082 | 2082 | | 2073Officer shall submit this report to Counsel, who shall share the conclusions of the report with the |
---|
2083 | 2083 | | 2074appropriate supervisory individual or body as necessary and appropriate, and in such a manner to |
---|
2084 | 2084 | | 2075maintain confidentiality regarding the information in the report to the greatest extent practicable. |
---|
2085 | 2085 | | 2076 [Added Mar. 15, 2018.] |
---|
2086 | 2086 | | 2077 95. (a) (1) If after completion of an investigation pursuant to Rule 94, the EEO Officer |
---|
2087 | 2087 | | 2078determines that a member has violated Rule 88, the EEO Officer shall recommend disciplinary, |
---|
2088 | 2088 | | 2079remedial or preventative action, or any combination thereof, as is appropriate and proportional |
---|
2089 | 2089 | | 2080under the circumstances, subject to the limitations set forth in paragraphs (2) and (3). |
---|
2090 | 2090 | | 2081 (2) Where the EEO Officer’s action recommended pursuant to paragraph (1) does not include |
---|
2091 | 2091 | | 2082reprimand, censure, removal from position as a chair or other position of authority, or expulsion, |
---|
2092 | 2092 | | 2083the EEO Officer shall notify Counsel and the member of the recommended action and provide |
---|
2093 | 2093 | | 2084the member with a copy of the EEO Officer’s report. The member may, within 10 days of |
---|
2094 | 2094 | | 2085receiving notice, request in writing that the Speaker and Minority Leader appoint a special |
---|
2095 | 2095 | | 2086committee pursuant to Rule 96 to review the findings and recommendations of the EEO Officer. |
---|
2096 | 2096 | | 2087 Upon receipt of said request, the Speaker and Minority Leader shall convene a special |
---|
2097 | 2097 | | 2088committee pursuant to Rule 96. |
---|
2098 | 2098 | | 2089 If the member fails to request the appointment of a special committee pursuant to Rule 96 |
---|
2099 | 2099 | | 2090within 10 days, then Counsel shall determine the parties who must be informed to implement the |
---|
2100 | 2100 | | 2091recommended action, including but not limited to the Speaker and/or the Minority Leader, and |
---|
2101 | 2101 | | 2092those parties shall implement the recommended action. 102 of 146 |
---|
2102 | 2102 | | 2093 (3) If the action recommended pursuant to subsection (a) includes reprimand, censure, |
---|
2103 | 2103 | | 2094removal from position as a chair or other position of authority, or expulsion, the EEO Officer |
---|
2104 | 2104 | | 2095shall submit, through Counsel, a request that the Speaker and Minority Leader convene a special |
---|
2105 | 2105 | | 2096committee pursuant to Rule 96 to review the findings and recommendations of the EEO Officer. |
---|
2106 | 2106 | | 2097Upon receipt of said request from the EEO Officer, the Speaker and Minority Leader shall |
---|
2107 | 2107 | | 2098appoint a special committee pursuant to Rule 96. |
---|
2108 | 2108 | | 2099 (4) Upon the request for a special committee made by the EEO Officer or a member pursuant |
---|
2109 | 2109 | | 2100to this subsection, the EEO Officer shall provide the Speaker and Minority Leader with a copy of |
---|
2110 | 2110 | | 2101the EEO Officer’s report. |
---|
2111 | 2111 | | 2102 (b) (1) If after completion of an investigation pursuant to Rule 94 the EEO Officer concludes |
---|
2112 | 2112 | | 2103that an appointed officer, intern or employee has violated Rule 88, the EEO Officer shall notify |
---|
2113 | 2113 | | 2104Counsel, who shall then notify the appointing authority for the appointed officer, intern or |
---|
2114 | 2114 | | 2105employee and recommend the implementation of remedial, preventative or disciplinary action, or |
---|
2115 | 2115 | | 2106any combination thereof, as is appropriate and proportional under the circumstances, subject to |
---|
2116 | 2116 | | 2107the limitations set forth in paragraph (2). Notwithstanding Rule 97, the appointing authority may |
---|
2117 | 2117 | | 2108inform any other supervisors of the appointed officer, intern or employee of the remedial, |
---|
2118 | 2118 | | 2109preventative or disciplinary action if the appointing authority believes that sharing such |
---|
2119 | 2119 | | 2110information is necessary for maintaining proper supervision of the appointed officer, intern or |
---|
2120 | 2120 | | 2111employee. |
---|
2121 | 2121 | | 2112 (2) If after completion of an investigation pursuant to Rule 94 the EEO Officer concludes |
---|
2122 | 2122 | | 2113that an appointed officer, intern or employee has violated Rule 88 and the EEO Officer’s action |
---|
2123 | 2123 | | 2114recommended pursuant to paragraph (1) includes termination of employment or internship, the 103 of 146 |
---|
2124 | 2124 | | 2115EEO Officer shall forward the recommendation along with the report, with all supporting |
---|
2125 | 2125 | | 2116documentation, to Counsel for review and approval. Counsel shall have two business days to |
---|
2126 | 2126 | | 2117review the EEO Officer’s recommendation. If Counsel approves the recommendation, Counsel |
---|
2127 | 2127 | | 2118shall forward the recommendation and report to the chair of the committee on Human Resources |
---|
2128 | 2128 | | 2119and Employee Engagement for approval. If the chair approves, Counsel shall then notify the |
---|
2129 | 2129 | | 2120Speaker, the appointing authority, and the Director, and the Director shall immediately terminate |
---|
2130 | 2130 | | 2121the individual’s employment or internship. If Counsel rejects the EEO Officer’s |
---|
2131 | 2131 | | 2122recommendation, or if the chair does not approve the recommendation after Counsel has |
---|
2132 | 2132 | | 2123approved, then Counsel shall notify the Speaker and the Speaker shall determine the action to be |
---|
2133 | 2133 | | 2124implemented. |
---|
2134 | 2134 | | 2125 [Added Mar. 15, 2018.] |
---|
2135 | 2135 | | 2126 96. (a) Upon receipt of a request pursuant to Rule 95, the Speaker and Minority Leader shall |
---|
2136 | 2136 | | 2127confidentially convene a Special Committee on Professional Conduct, which shall consist of 7 |
---|
2137 | 2137 | | 2128members, 5 of whom shall be appointed by the Speaker and 2 of whom shall be appointed by the |
---|
2138 | 2138 | | 2129Minority Leader. To the extent practicable, membership on the special committee shall be |
---|
2139 | 2139 | | 2130apportioned in a way that takes into account the nature of the complaint and the commitment of |
---|
2140 | 2140 | | 2131the House to providing fair and equal opportunity in employment. The Speaker shall appoint a |
---|
2141 | 2141 | | 2132member to serve as chair. No member who has declared their candidacy for any other local, state |
---|
2142 | 2142 | | 2133or federal office shall be appointed to a special committee. Upon appointment of members to the |
---|
2143 | 2143 | | 2134committee, the Speaker and Minority Leader shall notify Counsel, the EEO Officer, and the |
---|
2144 | 2144 | | 2135member who is the subject of the complaint of the identity of the members appointed. The |
---|
2145 | 2145 | | 2136existence of the committee and the identity of the members appointed to the committee shall |
---|
2146 | 2146 | | 2137otherwise remain confidential. 104 of 146 |
---|
2147 | 2147 | | 2138 (b) The EEO Officer shall provide the members of the special committee with all records |
---|
2148 | 2148 | | 2139relevant to the investigation. The special committee shall review all records provided to them |
---|
2149 | 2149 | | 2140and may further investigate, to the extent that it is necessary to resolve the complaint. The special |
---|
2150 | 2150 | | 2141committee may summon witnesses, administer oaths, take testimony and compel the production |
---|
2151 | 2151 | | 2142of books, papers, documents and other evidence in connection with its review. |
---|
2152 | 2152 | | 2143 (c) In the case of a special committee convened under this section upon the request for a |
---|
2153 | 2153 | | 2144review by a member pursuant to paragraph (2) of subsection (a) of Rule 95, the committee shall |
---|
2154 | 2154 | | 2145determine whether the EEO Officer’s intended action is proportional and appropriate under the |
---|
2155 | 2155 | | 2146circumstances. If a majority of the committee so finds, it shall order that the action recommended |
---|
2156 | 2156 | | 2147by the EEO Officer be implemented, along with any additional disciplinary, remedial or |
---|
2157 | 2157 | | 2148preventative action, or any combination thereof, the committee determines to be proportional and |
---|
2158 | 2158 | | 2149appropriate under the circumstances, subject to the limitations set forth in subsection (d). If a |
---|
2159 | 2159 | | 2150majority of the committee finds that the intended action was not proportional or appropriate |
---|
2160 | 2160 | | 2151under the circumstances, it may make a new recommendation for disciplinary, remedial or |
---|
2161 | 2161 | | 2152preventative action, or any combination thereof, subject to the limitations set forth in said |
---|
2162 | 2162 | | 2153subsection (d). All determinations of the committee pursuant to this subsection shall be final. |
---|
2163 | 2163 | | 2154 (d) (1) If a majority of the committee finds that a member has violated Rule 88, it may take |
---|
2164 | 2164 | | 2155any disciplinary, remedial or preventative action, or any combination thereof, as it determines to |
---|
2165 | 2165 | | 2156be proportional and appropriate under the circumstances; provided, however, that if the |
---|
2166 | 2166 | | 2157committee determines that reprimand, censure, removal from position as a chair or other position |
---|
2167 | 2167 | | 2158of authority, or expulsion is proportional and appropriate under the circumstances, it shall file a |
---|
2168 | 2168 | | 2159report with the Clerk recommending that the House vote to implement the disciplinary action. 105 of 146 |
---|
2169 | 2169 | | 2160 (2) Upon the filing of a report pursuant to paragraph (1), the Clerk shall promptly: (i) make |
---|
2170 | 2170 | | 2161the report available to all members electronically; (ii) cause the report to be posted on the |
---|
2171 | 2171 | | 2162website of the General Court; and (iii) place the matter in first position in the Orders of the Day |
---|
2172 | 2172 | | 2163for the next calendar day that the House is meeting; provided, however, that no business shall be |
---|
2173 | 2173 | | 2164conducted on that calendar day or any day thereafter until the question of acceptance or rejection |
---|
2174 | 2174 | | 2165of the special committee’s recommendation for discipline is decided by a majority of the |
---|
2175 | 2175 | | 2166members present and voting by a recorded roll call vote. If a majority of the members vote to |
---|
2176 | 2176 | | 2167accept the recommendation for discipline, the member shall be disciplined in the manner so |
---|
2177 | 2177 | | 2168recommended. Unless a majority of the members vote to accept the report, the member shall not |
---|
2178 | 2178 | | 2169be disciplined. |
---|
2179 | 2179 | | 2170 (3) All findings and determinations of the committee, including instances where the special |
---|
2180 | 2180 | | 2171committee does not file a report with the Clerk pursuant to paragraph (1), shall be reported to |
---|
2181 | 2181 | | 2172Counsel and the EEO Officer and shall be final. The EEO Officer shall maintain confidential |
---|
2182 | 2182 | | 2173records of such findings and determinations, except that a report filed pursuant to paragraph (1) |
---|
2183 | 2183 | | 2174shall be public. |
---|
2184 | 2184 | | 2175 (e) The committee may consult with Counsel, the EEO Officer or the Director in discharging |
---|
2185 | 2185 | | 2176its duties pursuant to Rules 88 to 97, inclusive. |
---|
2186 | 2186 | | 2177 [Added Mar. 15, 2018; Amended Jan. 30, 2019.] |
---|
2187 | 2187 | | 2178 97. (a) Any information obtained by a member or employee in their official capacity and |
---|
2188 | 2188 | | 2179relating to a complaint or investigation of harassment pursuant to Rules 93 to 96, inclusive, and |
---|
2189 | 2189 | | 2180any records of such information shall be confidential to the fullest extent possible. |
---|
2190 | 2190 | | 2181Confidentiality shall be specifically subject to subsections (b), (c), (d) and (e); provided that 106 of 146 |
---|
2191 | 2191 | | 2182nothing in this Rule shall prevent the EEO Officer or Counsel from sharing information |
---|
2192 | 2192 | | 2183regarding a complaint or investigation, including but not limited to the report prepared by the |
---|
2193 | 2193 | | 2184EEO Officer, to effectuate the requirements of Rules 88 through 97, inclusive. |
---|
2194 | 2194 | | 2185 (b) The EEO Officer, in reviewing a complaint and conducting an investigation, shall keep |
---|
2195 | 2195 | | 2186the complaint confidential and shall not disclose the identity of the complainant or the person |
---|
2196 | 2196 | | 2187against whom the complaint is made or any other details of the complaint with any member or |
---|
2197 | 2197 | | 2188employee; provided, however, that the EEO Officer may share information to the extent |
---|
2198 | 2198 | | 2189necessary to interview witnesses or parties to the investigation, or to consult with Counsel if the |
---|
2199 | 2199 | | 2190EEO Officer determines that such consultation is necessary or appropriate in connection with the |
---|
2200 | 2200 | | 2191investigation. |
---|
2201 | 2201 | | 2192 (c) (1) The establishment of a special committee pursuant to Rule 96 shall be completely |
---|
2202 | 2202 | | 2193confidential, except as set forth in Rule 96. |
---|
2203 | 2203 | | 2194 (2) All proceedings of a special committee convened pursuant to Rule 96 shall be confidential |
---|
2204 | 2204 | | 2195and members of the committee shall not share any information about the complaint and |
---|
2205 | 2205 | | 2196investigation for which the committee was convened with any other member or employee, |
---|
2206 | 2206 | | 2197including their own appointed staff; provided, however, that the committee may consult with |
---|
2207 | 2207 | | 2198Counsel or the EEO Officer if the chair of the committee determines that such consultation is |
---|
2208 | 2208 | | 2199required in connection with the investigation. |
---|
2209 | 2209 | | 2200 (3) A special committee convened pursuant to Rule 96 shall implement all actions short of |
---|
2210 | 2210 | | 2201reprimand, censure, removal from position as a chair or other position of authority, or expulsion |
---|
2211 | 2211 | | 2202of a member confidentially, except that the special committee shall submit a final report to the |
---|
2212 | 2212 | | 2203and may consult with Counsel if the chair of the committee determines that such consultation is 107 of 146 |
---|
2213 | 2213 | | 2204required in connection with their recommended action. The committee's recommendation, if any, |
---|
2214 | 2214 | | 2205for reprimand, censure, removal from position as a chair or other position of authority, or |
---|
2215 | 2215 | | 2206expulsion of a member, shall be a public document; provided, however, that the committee may |
---|
2216 | 2216 | | 2207use pseudonyms to conceal the identity of the complainant if the circumstances of the complaint |
---|
2217 | 2217 | | 2208so warrant. |
---|
2218 | 2218 | | 2209 (d) All authorized parties shall keep complaints confidential, except to share the complaint |
---|
2219 | 2219 | | 2210with the Director, Counsel and EEO Officer as set forth in these Rules. |
---|
2220 | 2220 | | 2211 (e) Nothing in this Rule shall limit the ability of the EEO Officer to share information with a |
---|
2221 | 2221 | | 2212complainant, to the extent appropriate, in order to properly conclude the complaint or |
---|
2222 | 2222 | | 2213investigation process. |
---|
2223 | 2223 | | 2214 [Added Mar. 15, 2018; Amended Jan. 30, 2019.] |
---|
2224 | 2224 | | 2215 98. The EEO Officer and the Director shall establish all policies, procedures and guidelines |
---|
2225 | 2225 | | 2216required by Rules 88 to 97, inclusive, and may develop supplemental policies, procedures and |
---|
2226 | 2226 | | 2217guidelines necessary to implement or enforce Rules 88 to 97, inclusive; provided, that no policy, |
---|
2227 | 2227 | | 2218procedure or guideline shall take effect without the prior review and written approval of Counsel |
---|
2228 | 2228 | | 2219and the committee on Human Resources and Employee Engagement. Where appropriate, these |
---|
2229 | 2229 | | 2220policies, procedures and guidelines shall be included in the handbooks. |
---|
2230 | 2230 | | 2221 The EEO Officer and the Director may consult with each other, Counsel, and the committee |
---|
2231 | 2231 | | 2222on Human Resources and Employee Engagement to carry out the requirements of Rules 88 to 97, |
---|
2232 | 2232 | | 2223inclusive. |
---|
2233 | 2233 | | 2224 [Added Mar. 15, 2018; Amended Jul. 7, 2021.] 108 of 146 |
---|
2234 | 2234 | | 2225 99. [Added March 15, 2018; Amended Jul. 7, 2021; Omitted.] |
---|
2235 | 2235 | | 2226 100. (a) No member, officer, intern or employee shall execute any agreement to settle any |
---|
2236 | 2236 | | 2227legal claim or potential legal claim by any current or former member, officer, intern or employee |
---|
2237 | 2237 | | 2228unless said agreement is executed pursuant to this rule. |
---|
2238 | 2238 | | 2229 (b) No member, officer, intern or employee shall execute any agreement to settle any legal |
---|
2239 | 2239 | | 2230claim or potential legal claim brought by any current or former member, officer, intern or |
---|
2240 | 2240 | | 2231employee without the approval of Counsel. Counsel shall independently review the claim or |
---|
2241 | 2241 | | 2232potential legal claim brought by any current or former member, officer, intern or employee and |
---|
2242 | 2242 | | 2233confirm that the claim or potential claim does not relate to sexual harassment or retaliation based |
---|
2243 | 2243 | | 2234on a claim of sexual harassment. Counsel shall not approve any settlement of a legal claim or |
---|
2244 | 2244 | | 2235potential legal claim brought by any current or former member, officer, intern or employee |
---|
2245 | 2245 | | 2236pursuant to this subsection if Counsel reasonably believes such legal claim or potential legal |
---|
2246 | 2246 | | 2237claim relates to sexual harassment or retaliation based on a claim of sexual harassment. |
---|
2247 | 2247 | | 2238 (c) No member, officer, intern or employee shall execute any agreement to settle any legal |
---|
2248 | 2248 | | 2239claim or potential legal claim of sexual harassment, or retaliation based on a legal claim or |
---|
2249 | 2249 | | 2240potential legal claim of sexual harassment, by any current or former member, officer, intern or |
---|
2250 | 2250 | | 2241employee unless said agreement is executed pursuant to this subsection. |
---|
2251 | 2251 | | 2242 No member, officer, intern or employee shall execute any agreement to settle a legal claim or |
---|
2252 | 2252 | | 2243potential legal claim of sexual harassment, or retaliation based on a legal claim or potential legal |
---|
2253 | 2253 | | 2244claim of sexual harassment, by any current or former member, officer, intern or employee unless: 109 of 146 |
---|
2254 | 2254 | | 2245 1. the request to negotiate said agreement was initiated, in writing, by the person filing or |
---|
2255 | 2255 | | 2246eligible to file the legal claim or potential legal claim or a person legally authorized to represent |
---|
2256 | 2256 | | 2247that person; |
---|
2257 | 2257 | | 2248 2. the person filing the legal claim or eligible to file the legal claim is given 15 days to review |
---|
2258 | 2258 | | 2249and consider the agreement; |
---|
2259 | 2259 | | 2250 3. the duration of any non-disclosure or non-disparagement provision of the agreement to |
---|
2260 | 2260 | | 2251settle the legal claim or potential legal claim is for a finite period of time as agreed to by the |
---|
2261 | 2261 | | 2252parties; |
---|
2262 | 2262 | | 2253 4. the agreement to settle the legal claim or potential legal claim specifically provides that no |
---|
2263 | 2263 | | 2254provision of the agreement, including any non-disclosure or non-disparagement provision of the |
---|
2264 | 2264 | | 2255agreement, shall preclude any party from participating in an investigation by Counsel, the |
---|
2265 | 2265 | | 2256Director, the EEO Officer, a Special Committee on Professional Conduct or any law |
---|
2266 | 2266 | | 2257enforcement agency; and |
---|
2267 | 2267 | | 2258 5. the agreement is approved in writing by Counsel. |
---|
2268 | 2268 | | 2259 (d) In the case of an agreement to settle any legal claim or potential legal claim of sexual |
---|
2269 | 2269 | | 2260harassment pursuant to this Rule by a member, the Speaker and Minority Leader shall appoint a |
---|
2270 | 2270 | | 2261Special Committee on Professional Conduct pursuant to Rule 96 to determine if the member |
---|
2271 | 2271 | | 2262shall be required to personally reimburse the House for all or part of the settlement amount. |
---|
2272 | 2272 | | 2263Upon a determination by the Special Committee that the member shall be required to personally |
---|
2273 | 2273 | | 2264reimburse the House for all or part of the settlement amount, it shall determine the amount to be |
---|
2274 | 2274 | | 2265reimbursed and immediately notify the member of that amount. 110 of 146 |
---|
2275 | 2275 | | 2266 (e) Upon request of the party described in paragraph numbered 1 above or the complainant, |
---|
2276 | 2276 | | 2267Counsel shall waive any non-disclosure or non-disparagement provision of any agreement |
---|
2277 | 2277 | | 2268executed prior to the effective date of this Rule by the House and any current or former member, |
---|
2278 | 2278 | | 2269officer, intern or employee, to allow said current or former member, officer, intern or employee |
---|
2279 | 2279 | | 2270to report or discuss a claim of sexual harassment or retaliation based on sexual harassment. |
---|
2280 | 2280 | | 2271 [Added Mar. 15, 2018; Amended Jan. 30, 2019; Jul. 7, 2021.] |
---|
2281 | 2281 | | 2272 101. Notwithstanding Rule 7C, the Speaker may, upon recommendation of a majority of the |
---|
2282 | 2282 | | 2273committee on Rules, activate remote rules for the operation of the House of Representatives as |
---|
2283 | 2283 | | 2274provided within this rule: |
---|
2284 | 2284 | | 2275Remote Rules for the Operation of the House of Representatives |
---|
2285 | 2285 | | 2276 Remote Rule 1. As used in Remote Rules 1 through 16, inclusive, the following terms shall |
---|
2286 | 2286 | | 2277have the following meanings:- |
---|
2287 | 2287 | | 2278 “Clerk”, the Clerk of the House of Representatives. |
---|
2288 | 2288 | | 2279 “Formal session”, a formal session of the House. |
---|
2289 | 2289 | | 2280 “House”, the House of Representatives. |
---|
2290 | 2290 | | 2281 “House Chamber”, the House Chamber within the Massachusetts State House in Boston or |
---|
2291 | 2291 | | 2282the location to which the House at its previous formal or informal session adjourned to meet. |
---|
2292 | 2292 | | 2283 “Member”, a member of the House of Representatives. |
---|
2293 | 2293 | | 2284 “Monitor”, one of the members appointed by the Speaker pursuant to Standing Rule 8. 111 of 146 |
---|
2294 | 2294 | | 2285 “Participating remotely” or “remotely present”, participating by telephone, teleconference, |
---|
2295 | 2295 | | 2286video conference or other means. |
---|
2296 | 2296 | | 2287 “Present”, a member either physically present in the House Chamber for a formal session or |
---|
2297 | 2297 | | 2288remotely present, and participating in a formal session. |
---|
2298 | 2298 | | 2289 “Quorum”, eighty-one members present for a formal session. |
---|
2299 | 2299 | | 2290 “Speaker”, the Speaker of the House or the member presiding at the formal session of the |
---|
2300 | 2300 | | 2291House after being appointed by the Speaker to perform the duties of the Chair pursuant to |
---|
2301 | 2301 | | 2292Standing Rule 5. |
---|
2302 | 2302 | | 2293 “Standing rules”, House Rules 1 through 100, inclusive. |
---|
2303 | 2303 | | 2294 Remote Rule 2. (a)(1) The House may assemble in a formal session with members |
---|
2304 | 2304 | | 2295participating remotely. Members participating remotely in a formal session may vote on any |
---|
2305 | 2305 | | 2296question or other matter before the House. Members participating remotely in a formal session |
---|
2306 | 2306 | | 2297shall be considered present and in attendance at the formal session for all purposes, including for |
---|
2307 | 2307 | | 2298purposes of determining a quorum pursuant to Article XXXIII of the Amendments to the |
---|
2308 | 2308 | | 2299Constitution of the Commonwealth or any standing rules and for purposes of appearing before |
---|
2309 | 2309 | | 2300the Governor and council pursuant to Part the Second, Chapter VI, Article I of the Constitution |
---|
2310 | 2310 | | 2301of the Commonwealth. |
---|
2311 | 2311 | | 2302 (2) A member participating remotely in a formal session shall have the same privileges, rights |
---|
2312 | 2312 | | 2303and responsibilities as if the member were physically present in the House Chamber, including |
---|
2313 | 2313 | | 2304without limitation, the right, privilege and responsibility to cast votes on all questions or other 112 of 146 |
---|
2314 | 2314 | | 2305matters brought to a vote and the ability to the take the oath required pursuant to Part the Second, |
---|
2315 | 2315 | | 2306Chapter VI, Article I of the Constitution of the Commonwealth. |
---|
2316 | 2316 | | 2307 (3) At the commencement of a formal session, the Speaker shall take the Chair at the hour to |
---|
2317 | 2317 | | 2308which the House stands adjourned, call the House to order and immediately order a quorum roll |
---|
2318 | 2318 | | 2309call. |
---|
2319 | 2319 | | 2310 (4)(i) The House shall not be called to order before the hour of 10:00 A.M. nor meet beyond |
---|
2320 | 2320 | | 2311the hour of midnight unless by unanimous consent of the members present. |
---|
2321 | 2321 | | 2312 (ii) All votes taken on the enactment of any bill or resolve during any formal session where |
---|
2322 | 2322 | | 2313members are participating remotely shall be by roll call vote. |
---|
2323 | 2323 | | 2314 (5) The Clerk shall prepare a Journal for the House for any formal session of the House held |
---|
2324 | 2324 | | 2315remotely. The Journal for the House may reflect that the formal session was convened pursuant |
---|
2325 | 2325 | | 2316to remote rules, but shall not deviate in any substantive manner from the Journal of the House |
---|
2326 | 2326 | | 2317required to be prepared by the Clerk pursuant to Standing Rule 10. The Journal of the House for |
---|
2327 | 2327 | | 2318any formal session of the House held during the state of emergency within the House shall not |
---|
2328 | 2328 | | 2319specify which members participated remotely. |
---|
2329 | 2329 | | 2320 (b)(1) The Speaker shall preside from within the House Chamber over any formal session of |
---|
2330 | 2330 | | 2321the House where any member is participating remotely. The Minority Leader, Chair of the |
---|
2331 | 2331 | | 2322committee on Ways and Means, Ranking Minority Member of the committee on Ways and |
---|
2332 | 2332 | | 2323Means, the House Chair and Ranking Minority Member of the joint committee from which any |
---|
2333 | 2333 | | 2324bill being debated at the formal session has been reported, or their designees, and the division |
---|
2334 | 2334 | | 2325monitors may also be physically present. All other members are strongly encouraged to |
---|
2335 | 2335 | | 2326participate remotely in a formal session. 113 of 146 |
---|
2336 | 2336 | | 2327 (2) Officers and employees essential to the conduct of the formal session may be present in |
---|
2337 | 2337 | | 2328the House Chamber during a formal session with the express authorization of the Speaker in |
---|
2338 | 2338 | | 2329consultation with the Minority Leader. The Speaker and Minority Leader may have two |
---|
2339 | 2339 | | 2330employees from their office present in the House Chamber during a formal session. No other |
---|
2340 | 2340 | | 2331officer or employee shall be physically present in the House Chamber unless deemed essential to |
---|
2341 | 2341 | | 2332the conduct of the formal session by the Speaker. [Amended Feb. 1, 2023.] |
---|
2342 | 2342 | | 2333 (3) All members, officers and employees physically present in the House Chamber during a |
---|
2343 | 2343 | | 2334formal session shall, at the direction of the Speaker, undertake any mitigation measures ordered |
---|
2344 | 2344 | | 2335by the Speaker. Court Officers shall strictly enforce mitigation measures directed by the Speaker |
---|
2345 | 2345 | | 2336by and between members, officers and employees in and around the House Chamber. Any |
---|
2346 | 2346 | | 2337member, officer or employee in violation of the mitigation measures ordered by the Speaker |
---|
2347 | 2347 | | 2338shall be removed from the House Chamber. |
---|
2348 | 2348 | | 2339 Remote Rule 3. (a) A member participating remotely may make any motion authorized |
---|
2349 | 2349 | | 2340pursuant to the standing rules, raise a point of order, raise a point of personal privilege, or raise a |
---|
2350 | 2350 | | 2341point of parliamentary inquiry. Members participating remotely shall notify their division |
---|
2351 | 2351 | | 2342monitor of their desire to make a motion, raise a point of order, raise a point of personal privilege |
---|
2352 | 2352 | | 2343or raise a point of parliamentary inquiry. The division monitor shall immediately notify the |
---|
2353 | 2353 | | 2344Speaker who shall recognize the member seeking to make a motion, raise a point of order, raise a |
---|
2354 | 2354 | | 2345point of personal privilege or raise a point of parliamentary inquiry. No member shall interrupt |
---|
2355 | 2355 | | 2346another member while that member is speaking, including to request that the member speaking |
---|
2356 | 2356 | | 2347yield, except for the reasons authorized herein. 114 of 146 |
---|
2357 | 2357 | | 2348 (b) A vote on any motion made pursuant to subsection (a) shall be conducted by voice vote as |
---|
2358 | 2358 | | 2349prescribed by subsection (b) of Remote Rule 5, unless the Constitution or the standing rules |
---|
2359 | 2359 | | 2350specifically require a roll call vote. |
---|
2360 | 2360 | | 2351 (c) A motion made by a member participating remotely may be made and submitted by the |
---|
2361 | 2361 | | 2352division monitor for the floor division of the House wherein the seat assigned to said member |
---|
2362 | 2362 | | 2353pursuant to Standing Rule 79 is located. |
---|
2363 | 2363 | | 2354 Remote Rule 4. (a) A member participating remotely wishing to speak on any question before |
---|
2364 | 2364 | | 2355the House shall notify the monitor for the floor division of the House wherein the seat assigned |
---|
2365 | 2365 | | 2356to said member pursuant to Standing Rule 79 is located as follows: |
---|
2366 | 2366 | | 2357 (i) A member wishing to speak on a bill, resolve or the General Appropriation Bill, or an |
---|
2367 | 2367 | | 2358amendment thereto, shall notify their floor division monitor no later than 10:00 A.M. on the day |
---|
2368 | 2368 | | 2359that the bill, resolve, General Appropriation Bill, or amendment thereto, is scheduled to be |
---|
2369 | 2369 | | 2360considered by the House. Said notification shall include: (1) the number of the bill, resolve |
---|
2370 | 2370 | | 2361General Appropriation Bill, or amendment thereto, that the member wishes to speak to; and (2) |
---|
2371 | 2371 | | 2362whether the member wishes to speak in favor of or in opposition to the bill, resolve, General |
---|
2372 | 2372 | | 2363Appropriation Bill, or amendment thereto. |
---|
2373 | 2373 | | 2364 (ii) A member wishing to speak on a consolidated amendment shall notify their floor division |
---|
2374 | 2374 | | 2365monitor no later than 45 minutes after the consolidated amendment shall have been first filed |
---|
2375 | 2375 | | 2366with the Clerk and made available electronically to the members. Said notification shall include: |
---|
2376 | 2376 | | 2367(1) the number or letter of the consolidated amendment the member wishes to speak to; and (2) |
---|
2377 | 2377 | | 2368whether the member wishes to speak in favor of or in opposition to the consolidated amendment. 115 of 146 |
---|
2378 | 2378 | | 2369 (iii) A member wishing to speak on a conference committee report filed pursuant to Joint |
---|
2379 | 2379 | | 2370Rule 11B shall notify their floor division monitor no later than 10:00 A.M. on the day the |
---|
2380 | 2380 | | 2371conference committee report is scheduled to be considered by the House. Said notification shall |
---|
2381 | 2381 | | 2372include: (1) the bill number of the conference committee report; and (2) whether the member |
---|
2382 | 2382 | | 2373wishes to speak in favor of, or in opposition to the report. The provisions of this paragraph shall |
---|
2383 | 2383 | | 2374be inoperative if the conference committee report is filed later than 8:00 P.M. on the day |
---|
2384 | 2384 | | 2375preceding its consideration by the House. |
---|
2385 | 2385 | | 2376 (b) The monitor for each division shall prepare a list of members of their division notifying |
---|
2386 | 2386 | | 2377the monitor of said member’s desire to speak in favor of a question before the House and a list of |
---|
2387 | 2387 | | 2378members of their division notifying the monitor of said member’s desire to speak in opposition |
---|
2388 | 2388 | | 2379to a question before the House. Each list shall be arranged in order of the time the monitor |
---|
2389 | 2389 | | 2380received the notification with the notification received the earliest being first. |
---|
2390 | 2390 | | 2381 (c) Upon completion of the lists required pursuant to subsection (b), the monitors for each |
---|
2391 | 2391 | | 2382division shall transmit the lists to the Speaker and the Minority Leader. The Speaker shall |
---|
2392 | 2392 | | 2383combine the lists received from each of the division monitors and, in consultation with the |
---|
2393 | 2393 | | 2384Minority Leader, shall prepare a consolidated list of members notifying their monitor of the |
---|
2394 | 2394 | | 2385member’s desire to speak in favor of a question before the House and a consolidated list of |
---|
2395 | 2395 | | 2386members of their division notifying the monitor of said member’s desire to speak in opposition |
---|
2396 | 2396 | | 2387to a question before the House. |
---|
2397 | 2397 | | 2388 (d) The Speaker shall distribute the lists compiled pursuant to subsection (c) to all members |
---|
2398 | 2398 | | 2389electronically prior to the commencement of the formal session. The Speaker shall distribute the |
---|
2399 | 2399 | | 2390list compiled pursuant to subsection (a)(ii) as soon as practicable upon completion. 116 of 146 |
---|
2400 | 2400 | | 2391 (e) The consolidated lists prepared by the Speaker pursuant to subsection (c) and distributed |
---|
2401 | 2401 | | 2392to the membership pursuant to subsection (d) shall be the order in which members are recognized |
---|
2402 | 2402 | | 2393during the debate of the respective question. In recognizing members from said lists, the Speaker |
---|
2403 | 2403 | | 2394shall, to the extent practicable, alternate between members wishing to speak in favor of the |
---|
2404 | 2404 | | 2395question and members wishing to speak in opposition to the question. |
---|
2405 | 2405 | | 2396 (f) A member participating remotely may, in lieu of speaking on a bill, resolve, amendment, |
---|
2406 | 2406 | | 2397consolidated amendment or a conference committee report, submit written remarks in favor of, |
---|
2407 | 2407 | | 2398or in opposition to, any bill, resolve, amendment, consolidated amendment or conference |
---|
2408 | 2408 | | 2399committee report to the Clerk before the adjournment of the formal session in which said bill, |
---|
2409 | 2409 | | 2400resolve, amendment, consolidated amendment or conference committee report was considered by |
---|
2410 | 2410 | | 2401the House. Said remarks shall be transmitted to the Clerk electronically in a format prescribed by |
---|
2411 | 2411 | | 2402the Clerk. The Clerk shall include any remarks submitted by a member participating remotely |
---|
2412 | 2412 | | 2403pursuant to this section in the Journal of the House required to be kept by the Clerk pursuant to |
---|
2413 | 2413 | | 2404Standing Rule 10 and Remote Rule 2. |
---|
2414 | 2414 | | 2405 Remote Rule 5. (a) Notwithstanding Standing Rules 50 through 52, inclusive, during a formal |
---|
2415 | 2415 | | 2406session where members are participating remotely a vote on any question shall be by either a |
---|
2416 | 2416 | | 2407voice vote of the members present and voting pursuant to subsection (b) or a roll call vote of the |
---|
2417 | 2417 | | 2408members present and voting pursuant to subsection (c). Any question that would require a |
---|
2418 | 2418 | | 2409standing vote under the standing rules shall be decided by a voice vote of the members present |
---|
2419 | 2419 | | 2410and voting pursuant to subsection (b). |
---|
2420 | 2420 | | 2411 (b) When a question is put, the sense of the House shall be taken by the voices of the |
---|
2421 | 2421 | | 2412members, and the Speaker shall first announce the vote as it appears to the Speaker by the sound. 117 of 146 |
---|
2422 | 2422 | | 2413If the Speaker is unable to decide by the sound of the voices, or if the announcement made |
---|
2423 | 2423 | | 2414thereupon is doubted by a member, the Speaker shall order the division monitors to ascertain the |
---|
2424 | 2424 | | 2415number of members within in their division voting in the affirmative and the number of members |
---|
2425 | 2425 | | 2416within in their division voting in the negative, without further debate upon the question. The |
---|
2426 | 2426 | | 2417division monitors shall report the total vote of their division count to the Speaker. After receiving |
---|
2427 | 2427 | | 2418the reports of the total vote counts from each of the division monitors, the Speaker shall tally said |
---|
2428 | 2428 | | 2419votes and then announce the vote. |
---|
2429 | 2429 | | 2420 (c) The sense of the House shall be taken by yeas and nays whenever required by 10 percent |
---|
2430 | 2430 | | 2421of the members elected or when required pursuant to the Constitution of the Commonwealth. |
---|
2431 | 2431 | | 2422The Speaker shall state the pending question and shall order the division monitors to commence |
---|
2432 | 2432 | | 2423the roll call of the members. The division monitors shall call the roll of the members assigned to |
---|
2433 | 2433 | | 2424said division in alphabetical order. The division monitors shall record the votes of each member |
---|
2434 | 2434 | | 2425on a form prescribed by the Clerk. Upon completion of the roll call, the division monitors shall |
---|
2435 | 2435 | | 2426sign the form upon which the roll call for their division was recorded and submit the completed |
---|
2436 | 2436 | | 2427form to the Clerk. The Clerk shall tally the votes of the members of each division and shall enter |
---|
2437 | 2437 | | 2428the votes into the electronic roll call machine. Upon completion of the tally and the entry of the |
---|
2438 | 2438 | | 2429votes into the electronic roll call machine, the Clerk shall notify the Speaker that the vote has |
---|
2439 | 2439 | | 2430been completed. Upon instruction from the Speaker, the Clerk shall display the tally of the vote |
---|
2440 | 2440 | | 2431on the 2 monitors in the House Chamber. The Speaker shall then announce the vote. |
---|
2441 | 2441 | | 2432 (d) If a member doubts the presence of a quorum, the Speaker shall order the division |
---|
2442 | 2442 | | 2433monitors to ascertain the number of members within in their divisions who are present. Any |
---|
2443 | 2443 | | 2434member confirmed by the division monitor to be participating remotely shall be considered |
---|
2444 | 2444 | | 2435present. The division monitors shall report the total number of members present to the Speaker. 118 of 146 |
---|
2445 | 2445 | | 2436After receiving the reports of the total number of members present from each of the division |
---|
2446 | 2446 | | 2437monitors, the Speaker shall tally the numbers and then announce the number of members present. |
---|
2447 | 2447 | | 2438If, after tallying the numbers from each of the division monitors a quorum is not present, the |
---|
2448 | 2448 | | 2439Speaker shall order a roll call vote pursuant to subsection (c). |
---|
2449 | 2449 | | 2440 (e) The call for yeas and nays shall be decided without debate. If the yeas and nays have been |
---|
2450 | 2450 | | 2441ordered before the question is put, the proceedings under subsection (b) shall be omitted. |
---|
2451 | 2451 | | 2442(f) Except as heretofore provided, any member who shall vote or attempt to vote for another |
---|
2452 | 2452 | | 2443member or any person not a member who votes or attempts to vote for a member, or any member |
---|
2453 | 2453 | | 2444or other person who willfully tampers with or attempts to impair or destroy in any manner |
---|
2454 | 2454 | | 2445whatsoever the voting equipment used by the House, or change the records thereon shall be |
---|
2455 | 2455 | | 2446punished in such manner as the House determines; and provided further, that such a violation |
---|
2456 | 2456 | | 2447shall be reported to the committee on Ethics. |
---|
2457 | 2457 | | 2448 Remote Rule 6. No consolidated amendment to any bill offered by the committee on Ways |
---|
2458 | 2458 | | 2449and Means shall be considered by the House until the expiration of at least 30 minutes after the |
---|
2459 | 2459 | | 2450consolidated amendment shall have been first filed with the Clerk and made available |
---|
2460 | 2460 | | 2451electronically to the members. This rule shall not be suspended unless by unanimous consent of |
---|
2461 | 2461 | | 2452the members present. |
---|
2462 | 2462 | | 2453 Remote Rule 7. No consolidated amendment to any bill offered by the committee on Ways |
---|
2463 | 2463 | | 2454and Means shall be adopted except by a roll call vote. |
---|
2464 | 2464 | | 2455 Remote Rule 8. Notwithstanding any standing rule to the contrary, with the approval of the |
---|
2465 | 2465 | | 2456Speaker, a member, officer or employee may take photographs and videos of, and in, the House 119 of 146 |
---|
2466 | 2466 | | 2457Chamber provided said photographs or videos are to facilitate the remote participation in the |
---|
2467 | 2467 | | 2458formal session by a member. |
---|
2468 | 2468 | | 2459 Remote Rule 9. (a) Notwithstanding any standing rule to the contrary, unless authorized |
---|
2469 | 2469 | | 2460pursuant to subsection (b) or subsection (c), no member participating in a formal session shall be |
---|
2470 | 2470 | | 2461recognized more than once on any question before the House without unanimous consent or on |
---|
2471 | 2471 | | 2462any question before the House for more than 10 minutes without unanimous consent. |
---|
2472 | 2472 | | 2463 (b) The following members may, notwithstanding subsection (a), be recognized more than |
---|
2473 | 2473 | | 2464once on any question before the House: (1) the Minority Leader; (2) the member carrying the |
---|
2474 | 2474 | | 2465report of the committee; (3) and the Ranking Minority Member of the committee reporting the |
---|
2475 | 2475 | | 2466bill. |
---|
2476 | 2476 | | 2467 (c) Notwithstanding subsection (a), after all members have been recognized pursuant to |
---|
2477 | 2477 | | 2468Remote Rule 4, a member who is the primary sponsor of a bill, resolve or an amendment, or a |
---|
2478 | 2478 | | 2469designee of said member, may, in addition to being recognized pursuant to Remote Rule 4, be |
---|
2479 | 2479 | | 2470recognized for purposes of providing rebuttal or further explanation. If a member who is the |
---|
2480 | 2480 | | 2471primary sponsor of a bill, resolve or amendment or their designee is recognized pursuant to this |
---|
2481 | 2481 | | 2472subsection a member from the opposite political party designated by the member carrying the |
---|
2482 | 2482 | | 2473report of the committee or the Ranking Minority Member of the committee reporting the bill |
---|
2483 | 2483 | | 2474may also be recognized in addition to being recognized pursuant to Remote Rule 4. No member |
---|
2484 | 2484 | | 2475shall be recognized pursuant to this subsection for more than 5 minutes without unanimous |
---|
2485 | 2485 | | 2476consent. |
---|
2486 | 2486 | | 2477 Remote Rule 10. Notwithstanding any standing rule to the contrary, any formal session where |
---|
2487 | 2487 | | 2478members are participating remotely shall be livestreamed on the General Court website. Audio or 120 of 146 |
---|
2488 | 2488 | | 2479video recordings of all such sessions shall be made available to the public on the General Court |
---|
2489 | 2489 | | 2480website. All House sessions conducted by electronic means shall be broadcast on House |
---|
2490 | 2490 | | 2481television. |
---|
2491 | 2491 | | 2482 Remote Rule 11. Notwithstanding any standing rule to the contrary, no technical failure that |
---|
2492 | 2492 | | 2483breaks the remote connection of a member or members of the House of Representatives |
---|
2493 | 2493 | | 2484participating remotely in a formal session shall invalidate any action taken by the House of |
---|
2494 | 2494 | | 2485Representatives. |
---|
2495 | 2495 | | 2486 Remote Rule 12. Notwithstanding Standing Rule 49, members participating remotely may |
---|
2496 | 2496 | | 2487vote in a quorum roll call. |
---|
2497 | 2497 | | 2488 Remote Rule 13. Except as otherwise indicated, Remote Rules 1 through 16, inclusive, shall |
---|
2498 | 2498 | | 2489not be suspended unless by a 2/3 vote of the members present and voting. Debate upon a motion |
---|
2499 | 2499 | | 2490for the suspension of Remote Rules 1 through 16, inclusive, shall be limited to 15 minutes and |
---|
2500 | 2500 | | 2491no member shall speak for more than 3 minutes. |
---|
2501 | 2501 | | 2492 Remote Rule 14. The provisions of any standing or remote rules pertaining to procedures of |
---|
2502 | 2502 | | 2493the House may be suspended and alternative procedures may be used if said alternative methods |
---|
2503 | 2503 | | 2494are approved by a 2/3 majority of the committee on Rules and approved, in writing, by the |
---|
2504 | 2504 | | 2495Speaker and the Minority Leader. The Clerk shall enter any such approvals in the House Journal |
---|
2505 | 2505 | | 2496for the formal session required to be kept by the Clerk pursuant to Standing Rule 10. |
---|
2506 | 2506 | | 2497 Remote Rule 15. Except to the extent that they conflict with Remote Rules 1 through 16, |
---|
2507 | 2507 | | 2498inclusive, the standing rules shall remain in full force and effect. 121 of 146 |
---|
2508 | 2508 | | 2499 Remote Rule 16. Remote Rules 1 through 16, inclusive, shall remain activated for no longer |
---|
2509 | 2509 | | 2500than 30 days after being activated by the Speaker; provided, that the House of Representative |
---|
2510 | 2510 | | 2501shall not operate under remote rules beyond 30 days without the adoption of an Order by a |
---|
2511 | 2511 | | 2502majority of the House. |
---|
2512 | 2512 | | 2503 [Emergency remote rule historical notes: See House document numbered 4690 of the 191st |
---|
2513 | 2513 | | 2504General Court; also see House documents numbered 59 and 3929 of the 192nd General Court; |
---|
2514 | 2514 | | 2505Added to Rules Jul. 7, 2021; Amended Feb. 1, 2023.] |
---|
2515 | 2515 | | 2506194th GENERAL COURT (2025-2026 SESSION). |
---|
2516 | 2516 | | 2507INDEX TO THE HOUSE RULES |
---|
2517 | 2517 | | 2508 [The figures refer to the numbers of the Rules.] |
---|
2518 | 2518 | | 2509 Adjourn, motion to, 55, 64, 65, 82. |
---|
2519 | 2519 | | 2510Adjournment at hour of midnight, unless by unanimous consent, 1A. |
---|
2520 | 2520 | | 2511Admission to the floor, 80. |
---|
2521 | 2521 | | 2512Advance Calendar, 12. |
---|
2522 | 2522 | | 2513Advertising, Joint Rule 9, 85. |
---|
2523 | 2523 | | 2514Advisory opinions of the Ethics Committee, 16. |
---|
2524 | 2524 | | 2515AMENDMENTS: |
---|
2525 | 2525 | | 2516 amendment to amendment, etc., 72. |
---|
2526 | 2526 | | 2517 bill may be moved as, 36. 122 of 146 |
---|
2527 | 2527 | | 2518 committee changes, twenty-four hours, 33A. |
---|
2528 | 2528 | | 2519 consolidated, 20A, 33E. |
---|
2529 | 2529 | | 2520 engrossed bill not to be amended, except, 40. |
---|
2530 | 2530 | | 2521 from Senate, sent back for concurrence, 22, 35, 40. |
---|
2531 | 2531 | | 2522 in filling blanks, largest sum, etc., 75. |
---|
2532 | 2532 | | 2523 motions to amend, 65, 72 to 75. |
---|
2533 | 2533 | | 2524 not to be admitted of a different subject, 73. |
---|
2534 | 2534 | | 2525 of rules, 84. |
---|
2535 | 2535 | | 2526 striking out enacting clause, 40. |
---|
2536 | 2536 | | 2527 submission to Clerk, 33A. |
---|
2537 | 2537 | | 2528 to be reduced to writing, 62. |
---|
2538 | 2538 | | 2529 to be referred to committee on Bills in the Third Reading, 22. |
---|
2539 | 2539 | | 2530 to be reported by committee on Bills in the Third Reading, 22. |
---|
2540 | 2540 | | 2531 to General Appropriation Bill, 20A. |
---|
2541 | 2541 | | 2532 when previous question is in order, 66, 67. |
---|
2542 | 2542 | | 2533 when question is divided, 74. |
---|
2543 | 2543 | | 2534Appeals from the decision of the Speaker, 2, 55, 59, 77. 123 of 146 |
---|
2544 | 2544 | | 2535Appropriation bill, general, available seven days prior to debate, 20. |
---|
2545 | 2545 | | 2536Appropriation bill, general, procedures for consideration, 20A, 20B. |
---|
2546 | 2546 | | 2537Appropriation bill, general, time for reporting, 27. |
---|
2547 | 2547 | | 2538Appropriation bills, explanations, 20B, 21. |
---|
2548 | 2548 | | 2539Appropriation bills returned by the Governor, 30. |
---|
2549 | 2549 | | 2540Attire, dress in proper and appropriate for all sessions, 2. |
---|
2550 | 2550 | | 2541Audio/visual reproduction of |
---|
2551 | 2551 | | 2542 committee meetings, 17A. |
---|
2552 | 2552 | | 2543 House Chamber, 2. |
---|
2553 | 2553 | | 2544Auditing of House accounts, 85A. |
---|
2554 | 2554 | | 2545Ballot or acclamation ratification in caucus, 18B. |
---|
2555 | 2555 | | 2546BILLS: |
---|
2556 | 2556 | | 2547 1. Preliminary. |
---|
2557 | 2557 | | 2548 accompanying petitions, 24. |
---|
2558 | 2558 | | 2549 availability electronically and on General Court website, of, 13A, 20B (GAB). |
---|
2559 | 2559 | | 2550 for special legislation, not to be reported if object is attainable by |
---|
2560 | 2560 | | 2551 general or existing laws, 26. 124 of 146 |
---|
2561 | 2561 | | 2552 how to be drafted, 31. |
---|
2562 | 2562 | | 2553how to be introduced, 36. |
---|
2563 | 2563 | | 2554 motions contemplating legislation, etc., to be founded upon petition |
---|
2564 | 2564 | | 2555 or upon bill or resolve, 30. |
---|
2565 | 2565 | | 2556 summaries of to be made available prior to roll call, 33A |
---|
2566 | 2566 | | 2557 to be deposited with Clerk, 24. |
---|
2567 | 2567 | | 2558 to be read by titles only, unless, etc., 37. |
---|
2568 | 2568 | | 25592. As reported by committees. |
---|
2569 | 2569 | | 2560 copies, twenty-four hour availability, 17A, 33A. |
---|
2570 | 2570 | | 2561 general rather than special, 26. |
---|
2571 | 2571 | | 2562 restriction or regulation of reports, 17, 17B, 26, 33A, 38. |
---|
2572 | 2572 | | 25633. Before the second reading. |
---|
2573 | 2573 | | 2564 from the Senate, or from committees, 7A, 41. |
---|
2574 | 2574 | | 2565 if opposed, question on rejection, etc.; otherwise, second reading, |
---|
2575 | 2575 | | 2566 32, 41. |
---|
2576 | 2576 | | 2567 involving expenditures of public money, referred to committee on |
---|
2577 | 2577 | | 2568 Ways and Means, 33. 125 of 146 |
---|
2578 | 2578 | | 2569 involving policy changes, availability, 33A. |
---|
2579 | 2579 | | 2570 referred to committee, etc., 34. |
---|
2580 | 2580 | | 25714. Before the third reading. |
---|
2581 | 2581 | | 2572 duties and powers of committee on Bills in the Third Reading, 22, |
---|
2582 | 2582 | | 2573 79(1). |
---|
2583 | 2583 | | 2574 referred to said committee, 22. |
---|
2584 | 2584 | | 2575 placed in Orders of the Day, 43. |
---|
2585 | 2585 | | 25765. After the third reading. |
---|
2586 | 2586 | | 2577 not to be engrossed unless read on three several days, 39. |
---|
2587 | 2587 | | 25786. After engrossment. |
---|
2588 | 2588 | | 2579 certified by Clerk for final passage, 23. |
---|
2589 | 2589 | | 2580 not to be amended, except, 40. |
---|
2590 | 2590 | | 2581 returned by Governor with recommendations of amendment, 40. |
---|
2591 | 2591 | | 25827. Provisions applicable at several stages. |
---|
2592 | 2592 | | 2583 arrangement of matters in Orders of the Day, 12, 46. |
---|
2593 | 2593 | | 2584 consideration of matters in Orders of the Day, 45. |
---|
2594 | 2594 | | 2585final disposition precludes renewal of subject, 38. 126 of 146 |
---|
2595 | 2595 | | 2586 matters not to be discharged from Orders of the Day, 47. |
---|
2596 | 2596 | | 2587 motion to strike out enacting clause, when receivable, 40. |
---|
2597 | 2597 | | 2588 provisions respecting bills also applicable to resolves, 78. |
---|
2598 | 2598 | | 2589Bills in the Third Reading, committee on, 17, 18A, 22, 28, 28A, 35, 45, 79(1). |
---|
2599 | 2599 | | 2590 floor amendments, 73A. |
---|
2600 | 2600 | | 2591 motion to discharge or report, 28, 55, 64. |
---|
2601 | 2601 | | 2592 time for reporting, 28A. |
---|
2602 | 2602 | | 2593 written explanation of changes, 22. |
---|
2603 | 2603 | | 2594Blanks, filling of, 75. |
---|
2604 | 2604 | | 2595Business Manager of the House |
---|
2605 | 2605 | | 2596 financial account audits, 85A. |
---|
2606 | 2606 | | 2597 procurement of goods and services, 87. |
---|
2607 | 2607 | | 2598Calendar, 12, 13, 28A, 45, 46, 47. |
---|
2608 | 2608 | | 2599Calendar, dispense with printing of, 12. |
---|
2609 | 2609 | | 2600Capital outlay bills, 20, 21. |
---|
2610 | 2610 | | 2601Caucuses and caucus groups, 17C, 18, 18A, 18B, 19, 19A, 19B. |
---|
2611 | 2611 | | 2602Chairpersons and ranking members, appointment, etc. 127 of 146 |
---|
2612 | 2612 | | 2603 nomination and caucus approval, 18, 18A. |
---|
2613 | 2613 | | 2604 removal of if criminally indicted, 18., 18A. |
---|
2614 | 2614 | | 2605Chaplain, may be appointed by Speaker, 7. |
---|
2615 | 2615 | | 2606Charitable and community service, 16A, 17C, 90. |
---|
2616 | 2616 | | 2607Charts, displays, posters and visual aids, regulate use, 2. |
---|
2617 | 2617 | | 2608CLERK, 7A, 10, 10A, 11, 12, 13A, 14, 16A, 17A, 17C, 20, 23, 24, 28, 30, 33B, 42A, 48, 79(1), |
---|
2618 | 2618 | | 260984, 85A, 87A. |
---|
2619 | 2619 | | 2610 amendments, submission to, 33A. |
---|
2620 | 2620 | | 2611 announce members not voting prior to roll calls, 48. |
---|
2621 | 2621 | | 2612 availability of bills, etc., by the, 7D, 10, 12, 17A, 20, 20A, 20B, 21, 24(5), 33A, 37, 42A, 84A, |
---|
2622 | 2622 | | 261385A. |
---|
2623 | 2623 | | 2614 cast votes for members due to malfunction of voting station, 49. |
---|
2624 | 2624 | | 2615 certifying bills for final passage, 23. |
---|
2625 | 2625 | | 2616 disable voting station of certain absent members, 48. |
---|
2626 | 2626 | | 2617 keeper of records, 10B. |
---|
2627 | 2627 | | 2618 Website of the General Court, internet posting, 12, 13A, 17A, 20B. |
---|
2628 | 2628 | | 2619Code of Ethics, 16A, 16B. |
---|
2629 | 2629 | | 2620Commit, motion to, 64, 65, 71. 128 of 146 |
---|
2630 | 2630 | | 2621COMMITTEES: |
---|
2631 | 2631 | | 2622 Audio/visual reproduction of meetings of, 17A. |
---|
2632 | 2632 | | 2623 bill summaries to be made available prior to roll calls, 33A. |
---|
2633 | 2633 | | 2624 chairpersons of, ratification, 18. |
---|
2634 | 2634 | | 2625 conference, minority member, 18A. |
---|
2635 | 2635 | | 2626 duty of committee on Ways and Means, 20, 20A, 21, 27, 28, 30, 33. |
---|
2636 | 2636 | | 2627 hearings and House sessions, scheduling, 7B, 7D, 17. |
---|
2637 | 2637 | | 2628 Human Services and Employee Engagement committee, 16A, 16B, 17, 17C, 18A. |
---|
2638 | 2638 | | 2629 members of, ratification, 18A. |
---|
2639 | 2639 | | 2630 motions to discharge, etc., 28, 55, 64. |
---|
2640 | 2640 | | 2631 no member to serve where their private right, etc., 16A(14). |
---|
2641 | 2641 | | 2632 office space, 17C. |
---|
2642 | 2642 | | 2633 on Bills in the Third Reading, 17, 18A, 22, 28, 28A, 45, 79(1). |
---|
2643 | 2643 | | 2634 on each Floor Division, 9A, 17. |
---|
2644 | 2644 | | 2635 on Ethics, 16, 16A. |
---|
2645 | 2645 | | 2636 on Rules, 7B, 7C, 7D, 17, 85. |
---|
2646 | 2646 | | 2637 on Steering, Policy and Scheduling, 7A, 7D, 17, 41, 42, 42A. 129 of 146 |
---|
2647 | 2647 | | 2638 open meetings, 17A. |
---|
2648 | 2648 | | 2639 ought not to pass reports on bills, question on rejection, 32. |
---|
2649 | 2649 | | 2640 ranking members of, appointment, etc., 18. |
---|
2650 | 2650 | | 2641 records of to be maintained, 17A. |
---|
2651 | 2651 | | 2642 records of to be published in LAWS and on website, 17B. |
---|
2652 | 2652 | | 2643 remote participation in, 17A. |
---|
2653 | 2653 | | 2644 reports, 17B. |
---|
2654 | 2654 | | 2645 reports on local matters, 7A. |
---|
2655 | 2655 | | 2646 staff directory, 91, 92. |
---|
2656 | 2656 | | 2647 staffing, 17C. |
---|
2657 | 2657 | | 2648 standing, to be appointed, 17. |
---|
2658 | 2658 | | 2649 Testimony solicitation, 17A |
---|
2659 | 2659 | | 2650 time for reporting appropriation bill, 27. |
---|
2660 | 2660 | | 2651 to be appointed by Speaker and Minority Leader, 18. |
---|
2661 | 2661 | | 2652 to discharge or direct to report, 7A, 28, 42A, 55, 64. |
---|
2662 | 2662 | | 2653 to make report on all matters, except, 27. |
---|
2663 | 2663 | | 2654 to report adversely in certain cases, 26, 32, 85. 130 of 146 |
---|
2664 | 2664 | | 2655 Travel, propositions for, to committee on Rules, 85. |
---|
2665 | 2665 | | 2656 voting, 16A, 17B. |
---|
2666 | 2666 | | 2657 Voting in House Chamber, period of time if committees are meeting, 52. |
---|
2667 | 2667 | | 2658Community and charitable service, 16A, 17C, 90. |
---|
2668 | 2668 | | 2659Conduct, standards of, 88 to 100. |
---|
2669 | 2669 | | 2660Consolidated amendments, 20A, 33E, 33F. |
---|
2670 | 2670 | | 2661Constitution, proposals for amendment, 42. |
---|
2671 | 2671 | | 2662COUNSEL TO THE HOUSE |
---|
2672 | 2672 | | 2663 Appointment, duties, removal and service of, 13B. |
---|
2673 | 2673 | | 2664 Audits of House financial accounts, 85A. |
---|
2674 | 2674 | | 2665 Procurement of goods and services, 87. |
---|
2675 | 2675 | | 2666 Standards of conduct responsibilities, 88 to 91, 93, 94 to 100. |
---|
2676 | 2676 | | 2667Credit, pledging of, 22, 23, 17A. |
---|
2677 | 2677 | | 2668DEBATE, RULES OF, 57 to 61, 64. |
---|
2678 | 2678 | | 2669 during informal sessions, prohibit, 44. |
---|
2679 | 2679 | | 2670 matters to be disposed of without debate, 45, 47, 48, 50, 53, 56, 61, 64, 66 to 69, 77, 83. |
---|
2680 | 2680 | | 2671 motions for suspension of rules, 83. 131 of 146 |
---|
2681 | 2681 | | 2672 motions to be decided without debate, 64, 83. |
---|
2682 | 2682 | | 2673 motions to close debate, 55, 64, 65, 69. |
---|
2683 | 2683 | | 2674 motions to commit or recommit, 64. |
---|
2684 | 2684 | | 2675 motions to discharge or direct committee to report, 64. |
---|
2685 | 2685 | | 2676 motions to postpone to a time certain, 55, 64, 70. |
---|
2686 | 2686 | | 2677 motions to reconsider, 56. |
---|
2687 | 2687 | | 2678 second, etc., legislative days, 55, 64A. |
---|
2688 | 2688 | | 2679 Speaker may speak to points of order, etc., 2. |
---|
2689 | 2689 | | 2680 thirty minute limit, 61, 77. |
---|
2690 | 2690 | | 2681 yielding, 60. |
---|
2691 | 2691 | | 2682Disabled members, voting by, 49. |
---|
2692 | 2692 | | 2683Discharge of a committee, 7A, 24(6), 28, 55, 64. |
---|
2693 | 2693 | | 2684Discharge reports, 7A, 42, 42A. |
---|
2694 | 2694 | | 2685Discharges from Orders of the Day, 47. |
---|
2695 | 2695 | | 2686Discrimination complaints, 99. |
---|
2696 | 2696 | | 2687Displays, charts, posters and visual aids, regulate use, 2. |
---|
2697 | 2697 | | 2688Division of a question, 74. 132 of 146 |
---|
2698 | 2698 | | 2689 Dockets, 13A, 24(7), |
---|
2699 | 2699 | | 2690Elections, to fill vacancies, 6. |
---|
2700 | 2700 | | 2691Electronic devices, 2. |
---|
2701 | 2701 | | 2692Electronic mail and Legislative Web Page, 7D, 12, 17A, 42A. |
---|
2702 | 2702 | | 2693Electronic voting system, 15, 49, 52. |
---|
2703 | 2703 | | 2694Emergency preamble, 22, 23, 40. |
---|
2704 | 2704 | | 2695Emergency Remote Rules, 101 (Historical note: see House document numbered 4690 of the |
---|
2705 | 2705 | | 2696191st General Court, and House documents numbered 59 and 3929 of the 192nd General Court). |
---|
2706 | 2706 | | 2697Employee Engagement Officer, 92 |
---|
2707 | 2707 | | 2698Employees, |
---|
2708 | 2708 | | 2699 committee staff directory, 91. |
---|
2709 | 2709 | | 2700 charitable and community service, 16A. |
---|
2710 | 2710 | | 2701 classification plan, 17C(b). |
---|
2711 | 2711 | | 2702 partnerships with national trade organizations, 92. |
---|
2712 | 2712 | | 2703 training opportunities and professional development, 91, 92. |
---|
2713 | 2713 | | 2704Enacting clause, when motion to strike out, receivable, 40. |
---|
2714 | 2714 | | 2705Engrossed bills, 23, 28(6), 40. |
---|
2715 | 2715 | | 2706Equal employment complaints, 99. 133 of 146 |
---|
2716 | 2716 | | 2707Equal Employment Opportunity (EEO) Officer, 13B, 89 to 100. |
---|
2717 | 2717 | | 2708Ethics,16, 16A |
---|
2718 | 2718 | | 2709 advisory opinions, 16. |
---|
2719 | 2719 | | 2710 training, 16B. |
---|
2720 | 2720 | | 2711Ethics, code of, 16A. |
---|
2721 | 2721 | | 2712Ethics committee, 16, 16C, 17, 52. |
---|
2722 | 2722 | | 2713 bills pertaining to certain subjects referred to after first reading, 16C. |
---|
2723 | 2723 | | 2714 candidacy for state or federal office, 16. |
---|
2724 | 2724 | | 2715 create committee bills, 16, 24(1). |
---|
2725 | 2725 | | 2716 voting violations, referred to, 52. |
---|
2726 | 2726 | | 2717Excused from voting, time for application for, 48. |
---|
2727 | 2727 | | 2718Executive conference, 17A. |
---|
2728 | 2728 | | 2719Executive session, 17A. |
---|
2729 | 2729 | | 2720Federal Stimulus and Census Oversight committee, 17. |
---|
2730 | 2730 | | 2721Files, taking of matters from, 24. |
---|
2731 | 2731 | | 2722Final passage, to be certified by Clerk, 23. |
---|
2732 | 2732 | | 2723Financial accounts, auditing, 85A. 134 of 146 |
---|
2733 | 2733 | | 2724Fiscal note, (on bills) 33. (on consolidated amendments) 20A. |
---|
2734 | 2734 | | 2725Floor leaders, 18. |
---|
2735 | 2735 | | 2726Formal session to consider veto, petition for, 44. |
---|
2736 | 2736 | | 2727Formal sessions, dress code and cellular telephones, 2. |
---|
2737 | 2737 | | 2728General appropriation bill, 20, 20A, 27. |
---|
2738 | 2738 | | 2729General bill rather than special, 26. |
---|
2739 | 2739 | | 2730Global Warming and Climate Change, committee on, 17. |
---|
2740 | 2740 | | 2731GOVERNOR: |
---|
2741 | 2741 | | 2732 messages from, to be referred, unless, 30. |
---|
2742 | 2742 | | 2733 messages setting terms of de-authorizing or authorizing bonds and notes, 17A. |
---|
2743 | 2743 | | 2734 messages or recommendations from, to be filed in a format determined by the Clerk, 30. |
---|
2744 | 2744 | | 2735 return of appropriation bills by, 30. |
---|
2745 | 2745 | | 2736 return of bills and resolves by, 40. |
---|
2746 | 2746 | | 2737 Session to consider vetoes of, 44. |
---|
2747 | 2747 | | 2738Harassment policies, complaints, etc., 88-100 |
---|
2748 | 2748 | | 2739Home rule matters, reports on to be considered, 7A. |
---|
2749 | 2749 | | 2740House Chamber, photography or video recording, 2. 135 of 146 |
---|
2750 | 2750 | | 2741Hours of meetings, 1A. |
---|
2751 | 2751 | | 2742Human Resources and Employee Engagement, committee on, 16A, 16B, 17, 17C, 18A, 89, 90, |
---|
2752 | 2752 | | 274392, 98. |
---|
2753 | 2753 | | 2744Human Resources Director, 13B, 88, 90, 92, 94. |
---|
2754 | 2754 | | 2745Informal sessions, 12, 44, 54, 81. |
---|
2755 | 2755 | | 2746Investigations, propositions involving special, by committees, to be referred to committee on |
---|
2756 | 2756 | | 2747Rules, 85. |
---|
2757 | 2757 | | 2748Journal, 10, 11, 24. |
---|
2758 | 2758 | | 2749Leadership positions, removal upon indictment, 18. |
---|
2759 | 2759 | | 2750Legal Counsel of the House, advisory opinions by, 16. |
---|
2760 | 2760 | | 2751Legal counsel representation at executive conferences, 17A. |
---|
2761 | 2761 | | 2752Legislative days, second or subsequent, 55, 64A. |
---|
2762 | 2762 | | 2753Legislative or executive agents or counsels, 16A, 80, 81. |
---|
2763 | 2763 | | 2754Legislative web page or Internet, 13A, 17A, 20B, 81, 84A. |
---|
2764 | 2764 | | 2755Loan bills, 22, 23. |
---|
2765 | 2765 | | 2756Local matters, reports on to be considered and to be filed in paper and electronic form, 7A. |
---|
2766 | 2766 | | 2757Majority Leader, etc., Acting Speaker, 5. |
---|
2767 | 2767 | | 2758Majority leaders, 18. 136 of 146 |
---|
2768 | 2768 | | 2759Meetings |
---|
2769 | 2769 | | 2760 definition of, 17A. |
---|
2770 | 2770 | | 2761 regulating hours of, 1A. |
---|
2771 | 2771 | | 2762MEMBERS, 14, 15. |
---|
2772 | 2772 | | 2763 about to speak, to rise and address the Speaker, etc., 57. |
---|
2773 | 2773 | | 2764 attire of, 2. |
---|
2774 | 2774 | | 2765 desiring to be excused from voting, etc., 48. |
---|
2775 | 2775 | | 2766 first named, to be chair of committee, etc., appointment, 18A. |
---|
2776 | 2776 | | 2767 journal, 10. |
---|
2777 | 2777 | | 2768 may request an enactment, 28(6). |
---|
2778 | 2778 | | 2769 may request the taking of matters from the files, 24. |
---|
2779 | 2779 | | 2770 medical concerns, remote voting, 49. |
---|
2780 | 2780 | | 2771 military obligations, remote voting 49. |
---|
2781 | 2781 | | 2772 monitors, regulating voting, 9. |
---|
2782 | 2782 | | 2773 naming or seating, 59. |
---|
2783 | 2783 | | 2774 not to interrupt another, etc., 60. |
---|
2784 | 2784 | | 2775 not to speak more than once, etc., 61. 137 of 146 |
---|
2785 | 2785 | | 2776 not to stand at Clerk's desk during roll call, 14. |
---|
2786 | 2786 | | 2777 not to stand up, etc., 14. |
---|
2787 | 2787 | | 2778 not to serve on committee where their private right, etc., 16A(14). |
---|
2788 | 2788 | | 2779 not to vote for other members, 16A. |
---|
2789 | 2789 | | 2780 not to vote where their private right, etc., 16A(14). |
---|
2790 | 2790 | | 2781 notify Clerk of absences, 48. |
---|
2791 | 2791 | | 2782 number of, on each standing committee, 17. |
---|
2792 | 2792 | | 2783 photography during session, 2. |
---|
2793 | 2793 | | 2784 privilege of the floor, 80. See Voting. |
---|
2794 | 2794 | | 2785 ranking members, appointment, etc., 18. |
---|
2795 | 2795 | | 2786ratification and removal, 18. |
---|
2796 | 2796 | | 2787 remote voting, 49. |
---|
2797 | 2797 | | 2788 seats, 79. |
---|
2798 | 2798 | | 2789 Speaker, recognition of members, 58. |
---|
2799 | 2799 | | 2790 stipends, prohibit more than one, 18. |
---|
2800 | 2800 | | 2791 to deposit petition, etc., with the Clerk, 24. |
---|
2801 | 2801 | | 2792 to endorse name on certain papers, 29. 138 of 146 |
---|
2802 | 2802 | | 2793 video recording during session, 2. |
---|
2803 | 2803 | | 2794 voting, recording within five minutes, 52. |
---|
2804 | 2804 | | 2795Messages from the Governor |
---|
2805 | 2805 | | 2796 to be filed in a format determined by the Clerk, 30 |
---|
2806 | 2806 | | 2797 to be referred, etc., 30. |
---|
2807 | 2807 | | 2798MINORITY LEADER: |
---|
2808 | 2808 | | 2799 to call a caucus, 19. |
---|
2809 | 2809 | | 2800 to nominate Assistant Minority Floor Leader, etc., 18. |
---|
2810 | 2810 | | 2801 to nominate committee members, 18A. |
---|
2811 | 2811 | | 2802Minority party, caucus rules, 19A. |
---|
2812 | 2812 | | 2803Minority party, percentage of committee membership, 18A. |
---|
2813 | 2813 | | 2804Mobile devices, 2. |
---|
2814 | 2814 | | 2805Monitors, 8, 9. |
---|
2815 | 2815 | | 2806Motions, 62 to 75, 83, 85. |
---|
2816 | 2816 | | 2807 to be reduced to writing, 62. |
---|
2817 | 2817 | | 2808Naming of members, 59. |
---|
2818 | 2818 | | 2809Notice to parties, 85. 139 of 146 |
---|
2819 | 2819 | | 2810Office space, 17C. |
---|
2820 | 2820 | | 2811Open meetings, 17A. |
---|
2821 | 2821 | | 2812Operations, Facilities and Security committee, 17. |
---|
2822 | 2822 | | 2813Order. See Questions of Order. |
---|
2823 | 2823 | | 2814Orders: |
---|
2824 | 2824 | | 2815 filing of, 24. |
---|
2825 | 2825 | | 2816 involving expenditures for special committees, 33. |
---|
2826 | 2826 | | 2817 once rejected or disposed of, not to be renewed, 38. |
---|
2827 | 2827 | | 2818 providing that information be transmitted to the House, 85. |
---|
2828 | 2828 | | 2819 reported by committees, 42. |
---|
2829 | 2829 | | 2820Orders of the Day, 12, 13, 28, 41 to 47. |
---|
2830 | 2830 | | 2821Parliamentarian, 10A. |
---|
2831 | 2831 | | 2822Parliamentary inquiry, 60. |
---|
2832 | 2832 | | 2823Personal privilege, 60. |
---|
2833 | 2833 | | 2824PETITIONS, 24, 25, 29, 30. |
---|
2834 | 2834 | | 2825 final disposition precludes renewal, 38. |
---|
2835 | 2835 | | 2826Petitions and other papers, availability, 12, 20, 20A, 24, 33A. 140 of 146 |
---|
2836 | 2836 | | 2827Petition for formal session to consider veto, 44. |
---|
2837 | 2837 | | 2828Petitions to discharge a committee, 28(6). |
---|
2838 | 2838 | | 2829Photographs, taking of during session, 2. |
---|
2839 | 2839 | | 2830Placed on file, 24(4), 42. |
---|
2840 | 2840 | | 2831Pledging credit, bills providing for, 22, 23, 17A. |
---|
2841 | 2841 | | 2832Points of order, 2, 11, 60, 77. |
---|
2842 | 2842 | | 2833Political subdivisions, 17A. |
---|
2843 | 2843 | | 2834Postage, regulating, 23A. |
---|
2844 | 2844 | | 2835Post Audit and Oversight, committee on, 17. |
---|
2845 | 2845 | | 2836Posters, charts, displays and visual aids, regulate use, 2. |
---|
2846 | 2846 | | 2837Postpone to a time certain, motion to, 55, 64, 65, 70. |
---|
2847 | 2847 | | 2838"Present", recording of members as being, 52. |
---|
2848 | 2848 | | 2839Previous question, 55, 65 to 68. |
---|
2849 | 2849 | | 2840Privilege of the floor, 80. |
---|
2850 | 2850 | | 2841Procurements, 85A, 87. |
---|
2851 | 2851 | | 2842Question of order, 2, 11, 60, 77. |
---|
2852 | 2852 | | 2843Quorum, 1, 15, 17A, 49, 51, 82. 141 of 146 |
---|
2853 | 2853 | | 2844Radio, television broadcasting and web-broadcasting and access of sessions, 81. |
---|
2854 | 2854 | | 2845Ratification in caucus, by ballot or acclamation, 18B. |
---|
2855 | 2855 | | 2846Reading of papers, 24, 29, 37. |
---|
2856 | 2856 | | 2847Recess, 55, 64, 65, 76, 82. |
---|
2857 | 2857 | | 2848Recommendations and reports of state officials, etc., to be referred, etc., 24, 30. |
---|
2858 | 2858 | | 2849Recommit, motion to, 42, 64, 65, 71. |
---|
2859 | 2859 | | 2850Reconsideration, 54, 55, 56. |
---|
2860 | 2860 | | 2851Records, Clerk official keeper of, 10B. |
---|
2861 | 2861 | | 2852Redrafted bills to be voted on by Ways and Means, availability, 17A. |
---|
2862 | 2862 | | 2853Rejected bills, 32, 38, 41. |
---|
2863 | 2863 | | 2854Remote participation, |
---|
2864 | 2864 | | 2855Committee meetings, 17A. |
---|
2865 | 2865 | | 2856House sessions, 49. |
---|
2866 | 2866 | | 2857Repealed laws not to be re-enacted by reference, 31. |
---|
2867 | 2867 | | 2858Reporters' gallery, 80, 81. |
---|
2868 | 2868 | | 2859Reports of committees, 17B, 26, 27, 41, 42. See Bills. |
---|
2869 | 2869 | | 2860Representatives' Chamber and adjoining rooms, 80, 81. 142 of 146 |
---|
2870 | 2870 | | 2861Resolutions, 22, 24(2), 41, 85. |
---|
2871 | 2871 | | 2862Roll calls, availability on website, 52. |
---|
2872 | 2872 | | 2863Rules, observance, suspension or transgression of, 8, 9, 24, 55, 83, 84, 86. |
---|
2873 | 2873 | | 2864Rules, committee on, 7B, 7C, 7D, 17, 24(2,3), 27, 28, 81, 85. |
---|
2874 | 2874 | | 2865motion to discharge, 24, 28. |
---|
2875 | 2875 | | 2866Rules, violations of, 59. |
---|
2876 | 2876 | | 2867Rulings of the Chair, 2, 55, 77. |
---|
2877 | 2877 | | 2868Schedule, House sessions, 7A, 7B, 7D, 44. |
---|
2878 | 2878 | | 2869Seating of a member, 59. |
---|
2879 | 2879 | | 2870Seats, 79. |
---|
2880 | 2880 | | 2871Second, etc., legislative days, 55, 64A. |
---|
2881 | 2881 | | 2872SENATE, papers from, 22, 34, 35, 36, 41, 42. |
---|
2882 | 2882 | | 2873Sessions |
---|
2883 | 2883 | | 2874 informal, 44, 54. |
---|
2884 | 2884 | | 2875 radio, television and web broadcasting of, 81. |
---|
2885 | 2885 | | 2876 regulating hours of, 1A. |
---|
2886 | 2886 | | 2877Sessions and committees, scheduling, 7A, 7B, 7D, 44. 143 of 146 |
---|
2887 | 2887 | | 2878SPEAKER, 1 to 7. |
---|
2888 | 2888 | | 2879 adjourn or recess, 2, 82. |
---|
2889 | 2889 | | 2880 appeal of decisions, 77. |
---|
2890 | 2890 | | 2881 Calendar of House, 12. |
---|
2891 | 2891 | | 2882 casting of vote for, 49 |
---|
2892 | 2892 | | 2883 committee scheduling, 7D. |
---|
2893 | 2893 | | 2884 consultation with Clerk, bill format and availability, 33A. |
---|
2894 | 2894 | | 2885 consultation with Clerk, budget amendment format, 20A. |
---|
2895 | 2895 | | 2886 consultation with Clerk, budget availability format, 20B. |
---|
2896 | 2896 | | 2887 decorum and order, 2. |
---|
2897 | 2897 | | 2888 income, earned and unearned, 4B. |
---|
2898 | 2898 | | 2889 may declare a recess, 76. |
---|
2899 | 2899 | | 2890 may direct motion to be reduced to writing, 62. |
---|
2900 | 2900 | | 2891 may invite visitors to seats on the floor, 80. |
---|
2901 | 2901 | | 2892remote rules activation, 101. |
---|
2902 | 2902 | | 2893 shall assign seats, 79. |
---|
2903 | 2903 | | 2894 to appoint monitors, 8. 144 of 146 |
---|
2904 | 2904 | | 2895 to approve reference of petitions, etc., and printing of certain documents, 24. |
---|
2905 | 2905 | | 2896 to call a caucus, 19. |
---|
2906 | 2906 | | 2897 to declare informal sessions, 44. |
---|
2907 | 2907 | | 2898 to name member entitled to floor, 58. |
---|
2908 | 2908 | | 2899 to nominate committee members, 18A. |
---|
2909 | 2909 | | 2900 to nominate Majority Leader, etc., 18. |
---|
2910 | 2910 | | 2901Speaker pro Tempore, 4A, 5, 18, 23A, 49. |
---|
2911 | 2911 | | 2902Special bills reported by committee, 26. |
---|
2912 | 2912 | | 2903Standing committees, staffing, 17C. |
---|
2913 | 2913 | | 2904State Ethics Commission, 16B. |
---|
2914 | 2914 | | 2905State finances, 33. |
---|
2915 | 2915 | | 2906Steering, Policy and Scheduling, committee on, 7A, 42A. |
---|
2916 | 2916 | | 2907Stenographers, employment of, by committees, 85. |
---|
2917 | 2917 | | 2908Stipends, prohibit more than one, 18. |
---|
2918 | 2918 | | 2909Strike out and insert, motion to, 74. |
---|
2919 | 2919 | | 2910Strike out enacting clause, 40. |
---|
2920 | 2920 | | 2911Summaries of bills, availability prior to roll calls, 33A. 145 of 146 |
---|
2921 | 2921 | | 2912SUSPENSION OF RULES, 55, 83, 84. |
---|
2922 | 2922 | | 2913 limit of debate on motion for, 83. |
---|
2923 | 2923 | | 2914Tampering with electronic voting system, 52. |
---|
2924 | 2924 | | 2915Tape recordings, committees, 17A. |
---|
2925 | 2925 | | 2916Television, radio and web broadcasting of all sessions and access, 81. |
---|
2926 | 2926 | | 2917Third Reading, Bills in the, committee on, 17, 18A, 22, 28, 43, 45, 79(1). |
---|
2927 | 2927 | | 2918 motions to discharge or report, 28, 55, 64. |
---|
2928 | 2928 | | 2919 time for reporting, 28A. |
---|
2929 | 2929 | | 2920Title, bills to be read by title only, 37. |
---|
2930 | 2930 | | 2921Travel, orders authorizing committees to, referred to committee on Rules, 85. |
---|
2931 | 2931 | | 2922Undebatable matters and motions, 64. See Debate, Rules of. |
---|
2932 | 2932 | | 2923Unfinished business, 46. |
---|
2933 | 2933 | | 2924Vacancies, filling of, 5, 6, 7. |
---|
2934 | 2934 | | 2925Veto of bill or resolve, printing of Calendar, 12. |
---|
2935 | 2935 | | 2926Veto, petition for formal session to consider, 44. |
---|
2936 | 2936 | | 2927Videos/audio |
---|
2937 | 2937 | | 2928 radio and television access, 81. 146 of 146 |
---|
2938 | 2938 | | 2929 recording of during session, 2. |
---|
2939 | 2939 | | 2930 reproduction of committee meetings, 17A |
---|
2940 | 2940 | | 2931Violations of rules and questions of conduct, 16, 52 (voting), 59. |
---|
2941 | 2941 | | 2932Visual aids, charts, displays and posters, regulate use, 2. |
---|
2942 | 2942 | | 2933Votes, roll calls made available on website, 52. |
---|
2943 | 2943 | | 2934VOTING, 3, 4, 9, 16A, 48 to 53. |
---|
2944 | 2944 | | 2935Warning a member, 59. |
---|
2945 | 2945 | | 2936Ways and Means, committee on, 17, 17A, 20, 20A, 21, 27, 28, 30, 33, 45. |
---|
2946 | 2946 | | 2937 consolidated amendments, 20A, 33E. |
---|
2947 | 2947 | | 2938Floor amendments, 73A. |
---|
2948 | 2948 | | 2939Motions directing, to report, etc., 28, 55, 64. |
---|
2949 | 2949 | | 2940Redrafts of, availability, 17A. |
---|
2950 | 2950 | | 2941Web-broadcasting, 81. |
---|
2951 | 2951 | | 2942 Website availability of bills and notices, 13A, 17A, 20B, 84A. |
---|
2952 | 2952 | | 2943Yeas and nays, 33F, 48 to 53. |
---|
2953 | 2953 | | 2944Yeas and nays, during informal sessions, prohibition, 44. |
---|
2954 | 2954 | | 2945Yielding floor in debate, 60. |
---|