1 | 1 | | 1 of 62 |
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2 | 2 | | HOUSE DOCKET, NO. 4448 FILED ON: 2/24/2025 |
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3 | 3 | | HOUSE . . . . . . . . . . . . . . . No. 2026 |
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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 joint rules of the Senate and House of Representatives for the 194th |
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11 | 11 | | 2General Court for the 2025-2026 legislative session be adopted, as follows: |
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12 | 12 | | 3Committees |
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13 | 13 | | 41. Joint standing committees shall be appointed at the beginning of the biennial session as |
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14 | 14 | | 5follows:- |
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15 | 15 | | 6A committee on Advanced Information Technology, the Internet and Cybersecurity; |
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16 | 16 | | 7A committee on Agriculture; |
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17 | 17 | | 8A committee on Bonding, Capital Expenditures and State Assets |
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18 | 18 | | 9A committee on Cannabis Policy; |
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19 | 19 | | 10A committee on Children, Families and Persons With Disabilities; 2 of 62 |
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20 | 20 | | 11A committee on Community Development and Small Businesses; |
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21 | 21 | | 12A committee on Consumer Protection and Professional Licensure; |
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22 | 22 | | 13A committee on Emergency Preparedness and Management; |
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23 | 23 | | 14A committee on Economic Development and Emerging Technologies; |
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24 | 24 | | 15A committee on Education; |
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25 | 25 | | 16A committee on Aging and Independence; |
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26 | 26 | | 17A committee on Election Laws; |
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27 | 27 | | 18A committee on Environment and Natural Resources; |
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28 | 28 | | 19A committee on Financial Services; |
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29 | 29 | | 20A committee on Health Care Financing; |
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30 | 30 | | 21A committee on Higher Education; |
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31 | 31 | | 22A committee on Housing; |
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32 | 32 | | 23A committee on the Judiciary; |
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33 | 33 | | 24A committee on Labor and Workforce Development; |
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34 | 34 | | 25A committee on Mental Health, Substance Use and Recovery; |
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35 | 35 | | 26A committee on Municipalities and Regional Government; |
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36 | 36 | | 27A committee on Public Health; 3 of 62 |
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37 | 37 | | 28A committee on Public Safety and Homeland Security; |
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38 | 38 | | 29A committee on Public Service; |
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39 | 39 | | 30A committee on Racial Equity, Civil Rights and Inclusion; |
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40 | 40 | | 31A committee on Revenue; |
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41 | 41 | | 32A committee on State Administration and Regulatory Oversight; |
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42 | 42 | | 33A committee on Telecommunications, Utilities and Energy; |
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43 | 43 | | 34A committee on Tourism, Arts and Cultural Development; |
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44 | 44 | | 35A committee on Transportation; and |
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45 | 45 | | 36A committee on Veterans and Federal Affairs. |
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46 | 46 | | 37Each to consist of 6 members of the Senate, and 11 on the part of the House except the |
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47 | 47 | | 38committees on Bonding, Capital Expenditures and State Assets, Economic Development and |
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48 | 48 | | 39Emerging Technologies, Public Safety and Homeland Security, Mental Health, Substance Use |
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49 | 49 | | 40and Recovery, Health Care Financing and Transportation which shall consist of 7 members of |
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50 | 50 | | 41the Senate and 13 of the House. |
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51 | 51 | | 42Within 4 weeks of the appointment of joint standing committees in the first annual session of the |
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52 | 52 | | 43General Court, each joint standing committee shall adopt rules of procedure regarding its |
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53 | 53 | | 44conduct that are not inconsistent with the joint rules of the two branches or the rules of the |
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54 | 54 | | 45Senate or House of Representatives. Said rules of procedure, together with any amendments, 4 of 62 |
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55 | 55 | | 46shall be filed with the Clerk of the Senate and the Clerk of the House and shall be available to the |
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56 | 56 | | 47public and members of the General Court on the official website of the General Court. The rules |
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57 | 57 | | 48of parliamentary practice as set forth in the 2020 Edition of Mason’s Manual of Legislative |
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58 | 58 | | 49Procedure shall govern each joint standing committee until such time as the joint standing |
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59 | 59 | | 50committee adopts rules of procedure.lxi |
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60 | 60 | | 51Except as provided by Joint Rule 1E or 1F, each matter shall be referred only to 1 joint |
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61 | 61 | | 52committee for consideration and all reports of matters by joint committees shall be made to the |
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62 | 62 | | 53House or the Senate, under Joint Rule 4, not to another joint committee. The committee to which |
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63 | 63 | | 54a matter is initially referred may discharge the matter to another committee with jurisdiction over |
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64 | 64 | | 55the matter. |
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65 | 65 | | 56Matters referred by either the Senate or the House to its committee on Ways and Means shall be |
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66 | 66 | | 57considered by the respective committees of the 2 branches, acting as a joint committee, when, in |
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67 | 67 | | 58the judgment of the chairs of the respective committees of the 2 branches, the interests of |
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68 | 68 | | 59legislation or the expedition of business will be better served by such joint consideration. Matters |
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69 | 69 | | 60may also be referred to the committees on Ways and Means, of the 2 branches, as a joint |
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70 | 70 | | 61committee. |
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71 | 71 | | 62The committees on Rules, together with the presiding officers of the 2 branches, acting |
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72 | 72 | | 63concurrently, may consider and suggest such measures as shall, in their judgment, tend to |
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73 | 73 | | 64facilitate the business of the session and a majority vote of the 2 branches shall be required to |
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74 | 74 | | 65approve such recommendations. |
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75 | 75 | | 66In order to assist the House and the Senate in their: (1) consideration and enactment of new |
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76 | 76 | | 67legislation and modifications of existing laws, when either are deemed to be appropriate; (2) 5 of 62 |
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77 | 77 | | 68evaluation of the effectiveness and administration of laws and programs previously enacted; and |
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78 | 78 | | 69(3) appraisal of the conditions and circumstances which may indicate the desirability of enacting |
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79 | 79 | | 70new legislation, the various joint committees shall have the following oversight responsibilities: |
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80 | 80 | | 71(i) each joint committee shall review and study, on a continuing basis, the implementation, |
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81 | 81 | | 72administration, execution and effectiveness of those laws, or parts of law, the subject matter of |
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82 | 82 | | 73which is within the jurisdiction of that committee, the administrative regulations adopted to |
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83 | 83 | | 74implement those laws, and those state agencies or entities having responsibilities for the |
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84 | 84 | | 75administration and execution of such laws; |
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85 | 85 | | 76(ii) in carrying out these review and study activities, each committee shall determine whether |
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86 | 86 | | 77such laws, administrative regulations and programs under those laws are being implemented in |
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87 | 87 | | 78accordance with the intent of the General Court and whether such laws, administrative |
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88 | 88 | | 79regulations and programs should be continued, curtailed or eliminated; |
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89 | 89 | | 80(iii) each committee shall also review and study any conditions and circumstances which may |
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90 | 90 | | 81indicate the necessity or desirability of enacting new legislation within the jurisdiction of that |
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91 | 91 | | 82committee, regardless of whether any matter has been introduced on that subject, and shall, on a |
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92 | 92 | | 83continuing basis, undertake research on matters within the jurisdiction of that committee. |
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93 | 93 | | 84Committees shall coordinate oversight activities, under the direction of the presiding officers of |
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94 | 94 | | 85both branches, to achieve the maximum objectives of clauses (i), (ii) and (iii). |
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95 | 95 | | 86Each committee may, upon completion of its oversight hearings, report to the General Court the |
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96 | 96 | | 87results of its findings and recommendations together with accompanying corrective legislation, if |
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97 | 97 | | 88any, by filing the same with the Clerk of the House of Representatives or the Clerk of the Senate. |
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98 | 98 | | 89Copies of such reports shall be made available to all members electronically and to the public via 6 of 62 |
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99 | 99 | | 90the official website of the General Court. The disposition of said reports shall be determined by |
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100 | 100 | | 91the Clerks with the approval of the Speaker and the President. |
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101 | 101 | | 92The Senate or House chair of a joint committee may appoint subcommittees to investigate and |
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102 | 102 | | 93study any matter referred to said subcommittee. Not less than 10 per cent of a Senate or House |
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103 | 103 | | 94subcommittee’s members shall be from the minority party. Chairs of subcommittees shall not be |
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104 | 104 | | 95considered chairs under section 9B of chapter 3 of the General Laws. A subcommittee may, upon |
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105 | 105 | | 96completion of an investigation and study, report the results of the investigation and study |
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106 | 106 | | 97together with legislation, if any, by filing the same with the appointing chair of the joint |
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107 | 107 | | 98committee. |
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108 | 108 | | 99Temporary employees of the general court assigned to a joint committee who are students at an |
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109 | 109 | | 100accredited education institution or employees or grantees of other non-profit organizations under |
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110 | 110 | | 101section 501(c)(3) of the Internal Revenue Code may receive compensation from such |
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111 | 111 | | 102organization, according to that organization’s regular program of providing such compensation |
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112 | 112 | | 103for temporary governmental or public service employment. A temporary employee’s Senate or |
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113 | 113 | | 104House supervisor shall establish the employee’s total compensation, shall verify that the sum of |
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114 | 114 | | 105the employee’s state compensation, if any, and that any outside compensation the employee is to |
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115 | 115 | | 106receive under this rule would not exceed this total compensation, and shall file the written terms |
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116 | 116 | | 107of the employee’s compensation with the Senate or House Human Resources Office, where it |
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117 | 117 | | 108shall be available for public inspection. The temporary employee shall sign an ethics agreement |
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118 | 118 | | 109provided by the Senate Personnel Office or House Human Resources Office. |
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119 | 119 | | 110The Senate and House Offices of Human Resources shall publish an employee handbook for |
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120 | 120 | | 111joint employees of both branches of the General Court and the responsibilities associated with 7 of 62 |
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121 | 121 | | 112the supervision of joint employees, including payroll, shall be shared equally between said |
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122 | 122 | | 113offices. The handbook shall be developed with the advice and approval of both the Counsel to |
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123 | 123 | | 114the Senate and the Counsel to the House. The handbook shall address access by joint employees |
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124 | 124 | | 115to the human resource related services and programs of each branch of the General Court. Joint |
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125 | 125 | | 116employees shall complete any training required by either branch of the General Court, as may be |
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126 | 126 | | 117agreed upon by the Senate and House Offices of Human Resources. |
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127 | 127 | | 118[Amended Jan. 6, 1882; Jan. 5, 18 83; Jan. 7, 18 84; Jan. 8 and 26, 1885; Jan. 8, 18 86; Jan. 12, |
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128 | 128 | | 11918 87; Jan. 9, 18 88; Jan. 28, 18 89; Jan. 8, 18 90; Feb. 2, 18 91; Jan. 11 and Feb. 10, 18 92; Feb. |
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129 | 129 | | 1207, 18 93; Jan. 8. 1894; Jan. 7, 18 95; Jan. 7, 18 96; Jan. 11, 18 97; Jan. 10, 18 98; Jan. 9, 18 99; |
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130 | 130 | | 121Jan. 22 and 29, 1901; Jan. 6, 19 02; Jan. 9, 19 03; Jan. 8, 19 04; Jan. 6, 19 05; Jan. 4, 19 07; Jan. |
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131 | 131 | | 1225, 19 10; Jan. 4, 19 11; Jan. 1, 19 13; Jan. 12, 19 14; Jan. 2, 19 18; Jan. 1 and 8 and Feb. 21, |
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132 | 132 | | 1231919; Jan. 7, 19 20; Jan. 5, 19 21; April 17 and 30, 1925; Jan. 5, 19 27; Jan. 7, 19 31; Jan. 6, 19 |
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133 | 133 | | 12437; Jan. 4, 19 39; Jan. 1, 19 41; Jan. 3, 19 45; Jan. 2, 19 46; Jan. 6, 19 47; Feb. 1, 19 49; Jan. 7, |
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134 | 134 | | 12519 53; Jan. 7, 19 59; Jan. 30, 19 61; Jan. 7, 19 63; Jan. 12, 19 65; Feb. 24, 19 65; Mar. 10, 19 66; |
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135 | 135 | | 126Jan. 30, 19 67; Jan. 7, 1971 ; July 23, 1974 ; Sept. 30 and Oct. 12, 1976 ; Nov. 3, 1981 ; Dec. 21, |
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136 | 136 | | 1271981 ; Mar. 15, 1982 ; Oct. 3, 1983 ; June 3, 1985 ; Jan. 25 and Mar. 14, 1988 ; Mar. 27, 1995 , |
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137 | 137 | | 128June 12, 1995 ; July 17, 2003 ; Jan. 26, 2005; July 21 and September 20, 2005; Feb. 20, 2007; |
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138 | 138 | | 129Feb 12, 2009; Feb. 15, 2017; Mar 7, 2019; Mar. 25, 2021; Feb. 16, 2023.] |
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139 | 139 | | 1301A. All meetings of joint committees acting concurrently, Senate and House standing |
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140 | 140 | | 131committees, special committees of the Senate and House of Representatives, and joint special |
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141 | 141 | | 132committees and committees of conference on the disagreeing votes of the 2 branches shall be |
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142 | 142 | | 133open to the public, unless a majority shall vote otherwise. [Adopted July 17, 1973. Amended |
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143 | 143 | | 134July 18, 1974; Feb. 12, 2009.] 8 of 62 |
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144 | 144 | | 1351B. A joint standing committee shall hold a public hearing on each matter referred to it in each |
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145 | 145 | | 136legislative session. [Adopted June 3, 1985; Amended Feb. 12, 2009.] |
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146 | 146 | | 1371C. (1) All joint standing committees shall schedule committee hearings and executive sessions |
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147 | 147 | | 138upon agreement of the chairs and so as not to conflict, to the extent feasible, with the schedules |
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148 | 148 | | 139of other committees and, to the extent feasible, the day of the week and times during that day set |
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149 | 149 | | 140aside for formal sessions by the respective branches. The chairs shall record the attendance of |
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150 | 150 | | 141members during committee hearings and shall cause the attendance to be published on the |
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151 | 151 | | 142official website of the General Court alongside the livestream of the hearing archived on said |
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152 | 152 | | 143website pursuant to paragraph (3). [Adopted June 3, 1985; Amended June 12, 1995; Mar. 7, |
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153 | 153 | | 1442019.] |
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154 | 154 | | 145(2) The schedule of committee hearings shall designate which branch will preside over each |
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155 | 155 | | 146hearing, and the chairs shall ensure, to the extent practicable, that each branch presides over an |
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156 | 156 | | 147equal number of hearings. The committee staff of the branch presiding over the hearing shall be |
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157 | 157 | | 148responsible for the administrative work necessary to conduct the hearing, including, but not |
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158 | 158 | | 149limited to, securing a hearing location, arranging for the publication of the agenda and |
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159 | 159 | | 150instructions for public participation, recording the attendance of committee members, and |
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160 | 160 | | 151processing the individuals seeking to testify at the hearing either physically or remotely. Prior to |
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161 | 161 | | 152the hearing, the staff of each branch shall produce a plain-language summary of each bill to be |
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162 | 162 | | 153heard from their respective branches, which shall be made available on the official website of the |
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163 | 163 | | 154General Court. |
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164 | 164 | | 155(3) All hearings of joint standing committees shall be conducted in-person with the option of |
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165 | 165 | | 156remote participation available to the public; provided, however, that the members of said joint 9 of 62 |
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166 | 166 | | 157standing committees shall be physically present at the hearing location where in-person public |
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167 | 167 | | 158testimony is offered. All joint standing committees, in the conduct of their hearings, shall utilize, |
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168 | 168 | | 159to the extent practicable, online platforms or systems that allow for synchronous, audio-visual |
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169 | 169 | | 160communication between the members of the committee and individuals offering testimony |
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170 | 170 | | 161remotely. All hearings of joint standing committees shall be publicly livestreamed on the official |
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171 | 171 | | 162website of the General Court which shall display and transmit, in real-time, the audio-visual |
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172 | 172 | | 163attributes of public testimony offered remotely; provided further, that said livestream shall be |
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173 | 173 | | 164archived on the official website of the General Court for the duration of the legislative session. |
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174 | 174 | | 165Members of the Senate and House of Representatives may offer remote testimony before joint |
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175 | 175 | | 166standing committees of which they are not a member. The chairs of the joint standing |
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176 | 176 | | 167committees shall use best efforts to prioritize the testimony of those physically present at the |
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177 | 177 | | 168hearing location and may, in their discretion, allow individuals participating in-person a greater |
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178 | 178 | | 169amount of time to testify than those participating remotely. All notices of hearings of joint |
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179 | 179 | | 170standing committees issued pursuant to Joint Rule 1D at which public testimony is being |
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180 | 180 | | 171solicited shall include instructions on how to offer testimony both in-person and remotely. |
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181 | 181 | | 1721D. All meetings of joint standing committees, and special joint committees of the Senate and |
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182 | 182 | | 173House of Representatives, and joint special committees and committees of conference on the |
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183 | 183 | | 174disagreeing votes of the 2 branches shall be open to the public, and any person shall be permitted |
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184 | 184 | | 175to attend any such meeting unless such committee convenes in executive session, as provided |
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185 | 185 | | 176herein. All joint standing committees shall determine a schedule for committee hearings to be |
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186 | 186 | | 177held from the beginning of the first annual session through the third Wednesday in December in |
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187 | 187 | | 178said session. These committee schedules shall be submitted to the Clerks of the Senate and |
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188 | 188 | | 179House of Representatives who shall cause them to be published on the official website of the 10 of 62 |
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189 | 189 | | 180General Court. Establishment of such schedules shall not preclude joint standing committees |
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190 | 190 | | 181from scheduling additional hearings or meetings as needed. No executive session shall be held |
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191 | 191 | | 182until after the committee has first convened in an open session for which notice has been given, |
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192 | 192 | | 183the presiding officer has stated the purpose of the executive session, a majority of the committee |
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193 | 193 | | 184members present has voted to go into executive session, the vote of each member has been |
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194 | 194 | | 185recorded on a roll call vote, and the presiding officer has stated before the executive session if |
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195 | 195 | | 186the committee will reconvene after the executive session. The records of all such roll calls shall |
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196 | 196 | | 187be kept in the offices of the committee for the duration of the General Court during which said |
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197 | 197 | | 188vote was recorded, and the committee shall cause the record of such roll call to be available on |
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198 | 198 | | 189the official website of the General Court within 48 hours of such roll call. |
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199 | 199 | | 190All joint standing committees, and special joint committees of the Senate and House of |
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200 | 200 | | 191Representatives, shall notify the Sergeant-at-Arms of the time, place and agenda of all public |
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201 | 201 | | 192hearings and executive sessions not less than 72 hours prior to the time of such meetings. If |
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202 | 202 | | 193public testimony is being solicited, agendas shall include: (i) an electronic mail address and |
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203 | 203 | | 194physical mail address for the submission of testimony, (ii) instructions on how the public may |
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204 | 204 | | 195participate remotely, and (iii) the committee reporting deadline under Joint Rule 10 for the |
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205 | 205 | | 196matters being heard. The Sergeant-at-Arms shall notify the Clerks, who shall inform all members |
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206 | 206 | | 197electronically and publish such information on the official website of the General Court |
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207 | 207 | | 198whenever practicable. |
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208 | 208 | | 199Committees shall make written testimony received by the committee publicly available; |
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209 | 209 | | 200provided, however, that the committee shall adopt rules relative to the public availability of |
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210 | 210 | | 201written testimony received by the committee and such rules shall contain limitations on the |
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211 | 211 | | 202sharing of testimony that includes sensitive personal information or information that may 11 of 62 |
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212 | 212 | | 203jeopardize the health, wellness or safety of the testifier or others. The rules relative to the public |
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213 | 213 | | 204availability of written testimony adopted by the committee shall be disclosed in the hearing |
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214 | 214 | | 205agendas and shall inform testifiers that their written testimony may be made publicly available |
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215 | 215 | | 206by the committee. |
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216 | 216 | | 207Nothing contained in this rule shall prohibit a joint standing committee or special joint |
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217 | 217 | | 208committee of the Senate and the House of Representatives from taking appropriate action |
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218 | 218 | | 209including, but not limited to, the exclusion of a person from a committee meeting in order to |
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219 | 219 | | 210prevent the disruption of or interference with committee proceedings. All meetings of joint |
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220 | 220 | | 211standing committees, and special joint committees of the Senate and House of Representatives, |
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221 | 221 | | 212shall be limited to no more than 50 bills to be discussed in a hearing, unless it can be determined |
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222 | 222 | | 213that all of the bills being considered are of the same subject matter. |
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223 | 223 | | 214The 72-hour requirement shall be suspended in an emergency only after all reasonable efforts |
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224 | 224 | | 215have been made to contact all committee members and upon a recorded vote of at least a |
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225 | 225 | | 216majority of the members of each branch appointed to the committee, but not less than two-thirds |
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226 | 226 | | 217of the members of each branch voting. |
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227 | 227 | | 218A meeting of a committee may be recorded by a person in attendance by means of a recorder or |
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228 | 228 | | 219any other means of audio/visual reproduction except when a meeting is held in executive session; |
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229 | 229 | | 220provided, that a person seeking to record a meeting of a committee notifies the chairs of the |
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230 | 230 | | 221committee prior to commencing such recording; and provided further that during such recording |
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231 | 231 | | 222there is no interference with the conduct of the meeting. |
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232 | 232 | | 223The chairs of each committee shall preserve decorum and order during each committee hearing. |
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233 | 233 | | 224Persons attending hearings shall be required to refrain from the use of cellular telephones, 12 of 62 |
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234 | 234 | | 225beepers and pagers. The use of visual aids including, without limitation, posters, displays, or |
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235 | 235 | | 226charts shall be permitted only upon approval of the chairs. |
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236 | 236 | | 227At any time after a matter has had a hearing, a chair of a committee may initiate a vote thereon if |
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237 | 237 | | 228the matter is filed in the branch of said chair. Said vote shall be taken from each member of the |
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238 | 238 | | 229branch of said chair, and if a majority of the members of said branch voting on the matter vote in |
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239 | 239 | | 230support of the matter, then the matter shall be reported favorably and referred to the branch in |
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240 | 240 | | 231which the matter was filed. The Senate chair and the Senate members of the committee shall |
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241 | 241 | | 232have no authority or ability to impede the vote on a bill in the committee that was filed in the |
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242 | 242 | | 233House, and the House chair and the House members shall have no authority or ability to impede |
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243 | 243 | | 234the vote on a bill in the committee that was filed in the Senate. |
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244 | 244 | | 235A chair of the committee shall provide to the members of their branch on the committee a |
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245 | 245 | | 236comprehensive summary of each matter prior to a vote thereon, and all matters receiving a |
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246 | 246 | | 237favorable report shall contain, in addition to a summary, (i) a document clearly marking any |
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247 | 247 | | 238changes made by the committee to the underlying matter, and (ii) a document clearly marking |
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248 | 248 | | 239any changes to any general or special law proposed by the matter, which shall be made publicly |
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249 | 249 | | 240available. Any vote of a committee on a matter shall be taken by roll call or electronic poll of |
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250 | 250 | | 241each member of the branch calling the vote; provided, however, that the committee shall cause |
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251 | 251 | | 242the record of such roll call to be available on the official website of the General Court within 48 |
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252 | 252 | | 243hours of such roll call along with a notation indicating whether a committee member voting on |
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253 | 253 | | 244the matter attended the committee hearing at which the matter was heard. [Adopted June 3, 1985. |
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254 | 254 | | 245Amended June 12, 1995; Feb. 20, 2007; Mar. 14, 2013; Mar. 7, 2019.] 13 of 62 |
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255 | 255 | | 2461E. The joint standing committee on Health Care Financing shall review all legislation relating |
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256 | 256 | | 247to health care to evaluate the appropriateness and fiscal effect of such legislation. A matter |
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257 | 257 | | 248within the jurisdiction of said committee may, if appropriate, initially be referred to another joint |
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258 | 258 | | 249standing committee sharing jurisdiction of the subject-matter. Any matter reported favorably by |
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259 | 259 | | 250such joint standing committee shall be referred to the joint committee on Health Care Financing; |
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260 | 260 | | 251provided, however, that notwithstanding any rule to the contrary, any such matter so reported |
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261 | 261 | | 252shall not be read a first time in the branch in which the report was received. The next favorable |
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262 | 262 | | 253report on any such matter, if made by a joint committee, shall be made in accordance with Joint |
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263 | 263 | | 254Rule 1D. Such next favorable report shall be considered the first reading. The branch of origin |
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264 | 264 | | 255for any such bill so reported shall be the branch receiving such favorable report. |
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265 | 265 | | 256In compliance with section 38A of chapter 3 of the General Laws, the joint committee on Health |
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266 | 266 | | 257Care Financing when reporting on bills shall include a fiscal note prepared under section 3A of |
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267 | 267 | | 258chapter 29 of the General Laws, showing the estimated cost or the fiscal effect of the proposed |
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268 | 268 | | 259legislation, if, in the opinion of said committee, such cost or fiscal effect exceeds the sum of |
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269 | 269 | | 260$100,000; provided, however, that any matter reported by the committee on Health Care |
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270 | 270 | | 261Financing with a fiscal effect of less than $100,000 shall not be referred, under the rules, to the |
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271 | 271 | | 262committee on Ways and Means.[Adopted Jan. 26, 2005; Amended May 19, 2005; Feb. 20, 2007; |
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272 | 272 | | 263Feb. 12, 2009.] |
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273 | 273 | | 2641F. The joint committee on Bonding, Capital Expenditures and State Assets shall review all |
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274 | 274 | | 265legislation providing for the giving, loaning or pledging of the credit of the Commonwealth (see |
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275 | 275 | | 266Article LXII of the Amendments to the Constitution, as amended by Article LXXXIV). Said |
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276 | 276 | | 267committee shall be responsible for evaluating such legislation and determining the |
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277 | 277 | | 268appropriateness of enacting legislation containing increased bond authorizations for the 14 of 62 |
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278 | 278 | | 269Commonwealth. The committee shall periodically review and hold open public hearings, |
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279 | 279 | | 270accepting oral and written testimony on the status of the bonds and notes of the Commonwealth, |
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280 | 280 | | 271including (1) general obligation debt; (2) dedicated income tax debt; and (3) special obligation |
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281 | 281 | | 272debt. The committee shall also, in its continuing study of the state’s bonding practices, review |
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282 | 282 | | 273the Commonwealth’s liabilities relative to (a) state-supported debt; (b) state-guaranteed debt; and |
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283 | 283 | | 274(c) indirect obligations. |
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284 | 284 | | 275Any bill providing for borrowing for new projects and requiring the Commonwealth to issue |
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285 | 285 | | 276bonds for such purpose shall, prior to its reference to the committee on Ways and Means, be |
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286 | 286 | | 277referred to the committee on Bonding, Capital Expenditures and State Assets for report on its |
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287 | 287 | | 278relationship to the finances of the Commonwealth. A measure may initially be referred to |
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288 | 288 | | 279another joint committee with jurisdiction over the subject matter before being referred to the |
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289 | 289 | | 280committee on Bonding, Capital Expenditures and State Assets; provided, however, that |
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290 | 290 | | 281notwithstanding any rule to the contrary, any such matter so reported shall not be read a first time |
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291 | 291 | | 282in the branch in which the report was received. The next favorable report on any such matter by |
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292 | 292 | | 283the committee on Bonding, Capital Expenditures and State Assets shall be considered the first |
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293 | 293 | | 284reading. The branch of origin for any such bill so reported shall be the branch receiving such |
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294 | 294 | | 285favorable report. |
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295 | 295 | | 286The provisions of Joint Rule 4 shall apply to all matters referred to the joint committee on |
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296 | 296 | | 287Bonding, Capital Expenditures and State Assets, except that where constitutionally prohibited. |
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297 | 297 | | 288The joint committee shall consult with the various agencies of the Executive branch and the |
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298 | 298 | | 289office of the Treasurer and Receiver-General relative to project expenditures, availability of |
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299 | 299 | | 290funds, the sale of new bonds and the resultant debt obligations, federal reimbursements and other |
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300 | 300 | | 291related funding and bonding issues. 15 of 62 |
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301 | 301 | | 292The joint committee on Bonding, Capital Expenditures and State Assets shall be authorized to |
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302 | 302 | | 293conduct hearings relative to the statutory authority of the Executive branch and the Treasurer and |
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303 | 303 | | 294Receiver-General in the issuance and sale of bonds and notes and the expenditure of capital |
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304 | 304 | | 295funds by the various agencies and authorities of the Commonwealth. The committee shall |
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305 | 305 | | 296determine whether such laws, administrative regulations and programs are being implemented in |
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306 | 306 | | 297accordance with the intent of the General Court. |
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307 | 307 | | 298The committee on Bonding, Capital Expenditures and State Assets shall be authorized to report |
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308 | 308 | | 299to the General Court from time to time on the results of its hearings and to file drafts of |
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309 | 309 | | 300legislation necessary to carry its recommendations into effect. |
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310 | 310 | | 301Messages from the Governor setting terms of bonds and notes, or for the de-authorization or |
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311 | 311 | | 302authorization of bonds and notes, shall be referred to the committee on Bonding, Capital |
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312 | 312 | | 303Expenditures and State Assets. |
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313 | 313 | | 3041G. The President of the Senate, the Speaker of the House of Representatives, Minority Leader |
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314 | 314 | | 305of the Senate, Minority Leader of the House of Representatives, the Senate and House chairs and |
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315 | 315 | | 306the Senate and House ranking minority members of the joint committee on Public Safety and |
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316 | 316 | | 307Homeland Security may receive security clearance from federal and state homeland security |
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317 | 317 | | 308officials in order to be granted access to confidential homeland security briefings, information |
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318 | 318 | | 309and materials. The President of the Senate, the Speaker of the House of Representatives, the |
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319 | 319 | | 310Senate and House committee chairs and the Senate and House ranking minority members may |
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320 | 320 | | 311designate 1 or more members of their staff who may receive such security clearance. |
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321 | 321 | | 312Any person who receives security clearance under this rule shall sign all confidentiality |
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322 | 322 | | 313agreements required by homeland security officials. The breach of any such confidentiality 16 of 62 |
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323 | 323 | | 314agreement shall constitute a violation of the Joint Rules of the Senate and House of |
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324 | 324 | | 315Representatives. Any alleged violation of a confidentiality agreement shall be referred for |
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325 | 325 | | 316investigation to the Senate committee on Ethics and Rules or the House committee on Ethics, |
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326 | 326 | | 317respectively, and, if appropriate, to law enforcement authorities for potential criminal |
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327 | 327 | | 318prosecution. [Adopted Jan. 26, 2005; Amended Feb. 12, 2009; Mar. 7, 2019.] |
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328 | 328 | | 3192. No member of either branch shall act as counsel for any party before any committee of the |
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329 | 329 | | 320Legislature. |
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330 | 330 | | 3212A. No member of either branch shall purchase, directly or indirectly, the stock or other |
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331 | 331 | | 322securities of any corporation or association knowing that there is pending before the General |
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332 | 332 | | 323Court any measure specially granting to such corporation or association any immunity, |
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333 | 333 | | 324exemption, privilege or benefit or any measure providing for the creation of, or directly affecting |
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334 | 334 | | 325any, contractual relations between such corporation or association and the Commonwealth. This |
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335 | 335 | | 326rule shall not apply to the purchase of securities issued by the Commonwealth or any political |
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336 | 336 | | 327subdivision of the Commonwealth. [See G.L. chapter 268, section 10.] [Adopted Jan. 16, 1922.] |
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337 | 337 | | 3283. When the General Court is in session, authorization for any joint standing committee to travel |
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338 | 338 | | 329during the session of the General Court shall be approved by a vote of two-thirds of the |
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339 | 339 | | 330committees on Rules of the two branches, acting concurrently. [Adopted Feb. 7, 1890; Amended |
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340 | 340 | | 331Feb. 2, 1891 ; Jan. 20, 1904 ; April 17, 1925 ; March 2, 1943 ; July 27, 1950 ; Oct. 18, 1971 ; |
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341 | 341 | | 332March 28, 1972 ; Jan. 15, 1973; Feb. 12, 2009.] |
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342 | 342 | | 3333A. A joint standing committee may, upon the written and signed report of two-thirds of the |
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343 | 343 | | 334members of the Senate and two-thirds of the members of the House appointed to said committee, |
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344 | 344 | | 335report a bill or other form of legislation without said legislation being founded upon petition; 17 of 62 |
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345 | 345 | | 336provided, however, that matters so reported shall be germane to the subject matters regularly |
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346 | 346 | | 337referred to the committee. The committee shall hold a public hearing on such bill or other form |
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347 | 347 | | 338of legislation before it is reported. A bill or other form of legislation so reported shall be placed |
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348 | 348 | | 339in the Orders of the Day by the Clerk of the respective branch to which it is reported or referred |
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349 | 349 | | 340to a standing committee of said branch under the rules. All reports of committees not founded |
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350 | 350 | | 341upon petition shall bear the designation ‘committee bill’, ‘resolve’, ‘order’ or ‘resolution’, as the |
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351 | 351 | | 342case may be, in the Orders of the Day. Committees to which messages from the Governor, |
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352 | 352 | | 343reports of state officers, boards, committees, commissions and others authorized to report to the |
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353 | 353 | | 344General Court, may report by bill or otherwise such legislation as may be germane to the subject |
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354 | 354 | | 345matter referred to them. [Adopted June 3, 1985 .] |
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355 | 355 | | 3464. Favorable reports, and adverse reports on subjects of legislation other than petitions, by joint |
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356 | 356 | | 347committees shall be made to the branch in which the matter was originally introduced, except |
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357 | 357 | | 348that reports on money bills shall be made to the House and if adverse reports on matters other |
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358 | 358 | | 349than petitions which are accompanied by money bills are accepted by the House, this shall |
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359 | 359 | | 350constitute final rejection. Adverse reports by joint committees on petitions shall be made to the |
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360 | 360 | | 351branch in which the petition was originally introduced, except that such adverse reports on |
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361 | 361 | | 352petitions accompanied by proposed money bills shall be made to the House; and, if accepted by |
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362 | 362 | | 353the branch in which they are made, shall be considered as a final rejection. When a report is |
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363 | 363 | | 354made from any committee to either branch, and the subject-matter of the report is subsequently |
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364 | 364 | | 355referred to a joint committee, such committee, shall report its action to the branch in which the |
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365 | 365 | | 356reference originated. [See also Joint Rule 5.] |
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366 | 366 | | 357All committee members shall have an opportunity to sign a form accompanying a report of the |
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367 | 367 | | 358committee signifying approval of, dissent or abstention from a report of a joint standing 18 of 62 |
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368 | 368 | | 359committee before the report is final or filed. No signature shall be valid unless the report to |
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369 | 369 | | 360which the signature is affixed includes the substantially complete text of the legislation being |
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370 | 370 | | 361reported. [Amended Jan. 3, 1952; April 8, 1959; June 7, 1965; Jan. 7, 1971; March 11, 1974; |
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371 | 371 | | 362June 3, 1985; Feb. 20, 2007; Feb. 15, 2017.] |
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372 | 372 | | 3634A. In compliance with section 38A of chapter 3 of the General Laws, all joint committees of the |
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373 | 373 | | 364General Court when reporting on bills referred to them shall include a fiscal note prepared under |
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374 | 374 | | 365section 3A of chapter 29 of the General Laws, showing the estimated cost or the fiscal effect of |
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375 | 375 | | 366the proposed legislation, if, in the opinion of said committee, such cost exceeds $100,000. Such |
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376 | 376 | | 367fiscal note shall be filed electronically in the office of the clerk to which the report is being |
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377 | 377 | | 368made, and shall be promptly made available on the official website of the General Court. |
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378 | 378 | | 369[Adopted Jan. 15, 1973.] |
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379 | 379 | | 3705. Matters reported adversely by joint committees and the committees on Rules of the two |
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380 | 380 | | 371branches, acting concurrently, may be recommitted to the same committees at the pleasure of the |
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381 | 381 | | 372branch acting on the report, and bills or resolves may be recommitted in either branch. If a bill or |
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382 | 382 | | 373resolve is laid aside in either branch for the reason that it is declared to be broader in its scope |
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383 | 383 | | 374than the subject-matter upon which it is based, the subject-matter shall be recommitted to the |
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384 | 384 | | 375committee. A concurrent vote shall, however, be necessary for re-committal, with instructions. |
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385 | 385 | | 376After recommitment, report shall, in all cases, be made to the branch originating the |
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386 | 386 | | 377recommitment. [Amended Feb. 2, 1891; April 11, 1935; Jan. 6, 1947; May 7, 19 53; March 26, |
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387 | 387 | | 3781963; Jan. 30, 1967; Jan. 7, 1971; March 11, 1974.] |
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388 | 388 | | 3796. Bills and resolves reported by joint committees shall be presented with spaces between the |
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389 | 389 | | 380several sections and shall be made available to all members electronically and to the public on 19 of 62 |
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390 | 390 | | 381the official website of the General Court. [Amended Jan. 28, 1889; Jan. 9, 1941; Feb. 8, 1949; |
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391 | 391 | | 382Feb. 12, 2009.] |
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392 | 392 | | 383Joint Petitions. |
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393 | 393 | | 3846A. A member of the Senate and a member of the House of Representatives may file a joint |
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394 | 394 | | 385petition in either branch and shall endorse their name on the petition and a brief statement of the |
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395 | 395 | | 386nature and object of the instrument and the reading of the instrument shall be dispensed with, |
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396 | 396 | | 387unless specially ordered. The petition shall be filed in the office of the clerk of either the Senate |
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397 | 397 | | 388or House of Representatives, depending on whether it is a ‘Joint Senate/House Petition’ or a |
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398 | 398 | | 389‘Joint House/Senate Petition’ but the Journal records in the Senate and House of Representatives |
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399 | 399 | | 390shall carry both members’ names as presenters of the petition. [Adopted Jan. 15, 1973.] |
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400 | 400 | | 3917. Whenever, upon any application for an act of incorporation or other legislation, the purpose |
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401 | 401 | | 392for which such legislation is sought can be secured without detriment to the public interests by a |
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402 | 402 | | 393general law or under existing laws, the committee to which the matter is referred shall report |
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403 | 403 | | 394such general law, or ‘ought not to pass’. [Amended Feb. 2, 1891; Feb. 7, 18 93; Jan. 7, 1971.] |
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404 | 404 | | 3957A. A petition for legislation to authorize a county to reinstate in its service a person formerly |
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405 | 405 | | 396employed by it, or to retire or pension or grant an annuity to any person, or to increase any |
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406 | 406 | | 397retirement allowance, pension or annuity, or to pay any sum of money in the nature of a pension |
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407 | 407 | | 398or retirement allowance, or to pay any salary which would have accrued to a deceased official or |
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408 | 408 | | 399employee but for their death, or to pay any claim for damages or otherwise, or to alter the |
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409 | 409 | | 400benefits or change the restrictions of any county retirement or pension law, shall, subsequently to |
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410 | 410 | | 401the procedure required by Senate Rule No. 20 and by House Rule No. 24, be reported adversely, |
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411 | 411 | | 402unless, when filed it be the petition of, or be approved by, a majority of the county 20 of 62 |
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412 | 412 | | 403commissioners. [Adopted April 29, 1915. Amended Jan. 13, Feb. 19 and Dec. 22, 1920; May 24, |
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413 | 413 | | 4041926; April 11, 1935; April 22, 1937; Jan. 12, 1939; Jan. 15, 1945; Feb. 20, 1951; Jan. 30, 1967; |
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414 | 414 | | 405Jan. 7, 1971; Jan. 15, 1973; Mar. 7, 2019.] |
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415 | 415 | | 4067B. A petition, the operation of which is restricted to a particular city or town (and which does |
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416 | 416 | | 407not affect the powers, duties, etc., of state departments, boards, commissions, etc., or which does |
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417 | 417 | | 408not affect generally the laws of the Commonwealth) and which is not filed in conformity with |
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418 | 418 | | 409Section 8 of Article LXXXIX of the Amendments to the Constitution shall, subsequent to the |
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419 | 419 | | 410procedure required by Senate Rule 20 and House Rule 24, be reported adversely, unless it be on |
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420 | 420 | | 411petition filed or approved by the voters of a city or town, or the mayor and city council, or other |
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421 | 421 | | 412legislative body, of a city, or the town meeting of a town. A joint committee to which is |
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422 | 422 | | 413inadvertently referred a petition or other subject of legislation the operation of which is restricted |
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423 | 423 | | 414to a particular city or town and which is not in conformity with Section 8 of Article LXXXIX of |
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424 | 424 | | 415the Amendments to the Constitution shall report a general law which applies alike to all cities, or |
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425 | 425 | | 416to all towns, or to all cities and towns, or to a class of not fewer than 2; or shall report ‘ought not |
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426 | 426 | | 417to pass’, with the further endorsement that it ‘would be unconstitutional to enact such special |
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427 | 427 | | 418law’. |
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428 | 428 | | 419Any petition that subsequently conforms to Section 8 of Article LXXXIX of the Amendments to |
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429 | 429 | | 420the Constitution after filing, which have followed the procedures set forth in Senate Rule 20 or |
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430 | 430 | | 421House Rule 24, shall be forthwith reported from the committee on Rules and be referred by the |
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431 | 431 | | 422Clerk to an appropriate committee.[Adopted Jan. 13, 1920. Amended Feb. 19 and Dec. 22, 1920; |
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432 | 432 | | 423May 24, 1926; April 11, 1935; April 22, 1937; Jan. 12, 1939; Jan. 9, 1941; Jan. 15, 1945; Feb. |
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433 | 433 | | 42420, 1951; Jan. 30, 1967; Jan. 7 and Mar. 22, 1971 ; Jan. 15, 1973; March 14, 2013.] 21 of 62 |
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434 | 434 | | 4257C. The approval vote required to file a petition, the operation of which is restricted to a |
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435 | 435 | | 426particular city or town under Section 8 of Article LXXXIX of the Amendments to the |
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436 | 436 | | 427Constitution of the Commonwealth, shall not expire prior to the final day of the next immediate |
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437 | 437 | | 428biennial session in which the petition was filed and no additional vote shall be required to file a |
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438 | 438 | | 429petition unless a vote to rescind such approval is passed by the voters of a city or town, or the |
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439 | 439 | | 430mayor and city council or other legislative body of a city, or the select board and the town |
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440 | 440 | | 431meeting or other legislative body of the town. [Adopted, Mar. 14, 2013; Amended Feb. 15, |
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441 | 441 | | 4322017.] |
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442 | 442 | | 4337D. The approval of a substantive amendment to a petition restricted to a single city or town and |
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443 | 443 | | 434requiring a vote of the city of town before enactment of the petition shall be provided to the |
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444 | 444 | | 435General Court before the enactment of the petition and shall be reviewed by House Counsel and |
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445 | 445 | | 436Senate Counsel prior to the enactment of the petition in either branch. [Adopted , Feb. 15, 2017.] |
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446 | 446 | | 437Notice to Parties Interested. |
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447 | 447 | | 4388. No legislation affecting the rights of individuals or the rights of a private or municipal |
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448 | 448 | | 439corporation, otherwise than as it affects generally the people of the Commonwealth or the people |
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449 | 449 | | 440of the city or town to which it specifically applies, shall be proposed or introduced except by a |
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450 | 450 | | 441petition, nor shall any bill or resolve embodying such legislation be reported by a committee |
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451 | 451 | | 442except upon a petition duly referred, nor shall such a bill or resolve be reported by a committee, |
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452 | 452 | | 443whether on an original reference or on a re-committal with instructions to hear the parties, until it |
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453 | 453 | | 444is made to appear to the satisfaction of the committee that proper notice of the proposed |
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454 | 454 | | 445legislation has been given by public advertisement or otherwise to all parties interested, without |
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455 | 455 | | 446expense to the Commonwealth, or until evidence satisfactory to the committee is produced that 22 of 62 |
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456 | 456 | | 447all parties interested have in writing waived notice. A committee reporting adversely due to lack |
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457 | 457 | | 448proper notice or of a waiver of proper notice shall so state in its report and no bill or resolve shall |
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458 | 458 | | 449be in order as a substitute for, or amendment of, such report. Objection to the violation of this |
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459 | 459 | | 450rule may be taken at any stage prior to that of the third reading. [Adopted Feb. 7, 1890. Amended |
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460 | 460 | | 451Dec. 22, 1920 ; Jan. 12, 1939 ; Jan. 15, 1945; Jan. 7, 1971.] |
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461 | 461 | | 4529. A petition for the incorporation of a city or town, for the annexation of 1 municipality to |
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462 | 462 | | 453another, for the consolidation of 2 or more municipalities or for the division of an existing |
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463 | 463 | | 454municipality, or for the incorporation or revival of a railroad, street railway, elevated railroad, |
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464 | 464 | | 455canal, telephone, telegraph, water, gas, electric light, power or other public service corporation, |
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465 | 465 | | 456for the amendment, alteration or extension of the charter or corporate powers or privileges, or for |
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466 | 466 | | 457the change of name, of any such company, whether specially incorporated or organized under the |
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467 | 467 | | 458General Laws, or for authority to take water for a water supply, or relative to building structures |
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468 | 468 | | 459in or over navigable or tide waters, shall be placed on file, and not referred to a committee, |
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469 | 469 | | 460unless the petitioner has given the notice and followed the procedure required by section 5 of |
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470 | 470 | | 461chapter 3 of the General Laws. But, if no objection being raised, any such petition is referred to a |
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471 | 471 | | 462committee without such required notice or procedure, the committee shall forthwith report |
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472 | 472 | | 463adversely, setting forth as the reason for such report failure to comply with the law, unless |
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473 | 473 | | 464evidence satisfactory to the committee is produced that all parties interested have in writing |
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474 | 474 | | 465waived notice. In case a bill or resolve is reported upon such a petition, after proof of such |
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475 | 475 | | 466waiver of notice, this fact shall be set forth in the report of the committee. When an adverse |
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476 | 476 | | 467report is made by a committee, on account of failure to give the required notice, no bill or resolve |
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477 | 477 | | 468shall be substituted for such report, nor shall such report be recommitted or referred to another |
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478 | 478 | | 469committee. 23 of 62 |
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479 | 479 | | 470A petition for the establishment or revival, or for the amendment, alteration or extension of the |
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480 | 480 | | 471charter or corporate powers or privileges, or for the change of name, of any corporation, except a |
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481 | 481 | | 472petition subject to the preceding paragraph, shall be transmitted by the Clerk of the branch in |
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482 | 482 | | 473which it is filed to the office of the State Secretary. If such a petition is returned by said |
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483 | 483 | | 474Secretary with a statement that the petitioner has failed to comply with the requirements of |
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484 | 484 | | 475section 7 of chapter 3 of the General Laws, said petition shall be placed on file, and shall not be |
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485 | 485 | | 476referred to a committee. |
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486 | 486 | | 477Any petition placed on file for want of proper notice or procedure under this rule shall not affect |
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487 | 487 | | 478action upon any other measure involving the same subject matter. [Adopted Feb. 7, 1890. |
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488 | 488 | | 479Amended Feb. 2, 1891; Feb. 3, 1898; Jan. 16, 1903; Feb. 19 and Dec. 22, 1920; May 24, 1926; |
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489 | 489 | | 480Feb. 27, 1929; April 11, 1935; Jan. 6, 1938; Jan. 12, 1939; Jan. 9, 1941; Jan. 15, 1945; April 8, |
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490 | 490 | | 4811959; Jan. 7, 1963; Jan. 7, 1971 ; Jan. 15, 1973 , June 12, 1995; Feb. 12, 2009; Mar. 7, 2019.] |
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491 | 491 | | 482Limit of Time allowed for Reports of Committees. |
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492 | 492 | | 48310. All joint committees and the committees on Rules of the two branches, acting concurrently, |
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493 | 493 | | 484shall make final report on all matters referred to and heard by them prior to the third Wednesday |
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494 | 494 | | 485of December of the first annual session of the General Court by not later than 60 calendar days |
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495 | 495 | | 486after the matter is heard; provided, however, that an additional 30 calendar days may be granted |
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496 | 496 | | 487on a matter by the chair of the committee on the part of the branch in which the matter was |
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497 | 497 | | 488respectively filed who shall notify the clerk of their respective branch of said extension. After the |
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498 | 498 | | 489expiration of such 90-day period, the branch in which a matter was filed shall approve by |
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499 | 499 | | 490unanimous consent an extension order submitted by the members of the joint committee from |
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500 | 500 | | 491their respective branch for any additional time for further consideration of the matter. However, a 24 of 62 |
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501 | 501 | | 492committee shall not make final report after, and a branch shall not approve of an extension order |
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502 | 502 | | 493that extends consideration of a matter beyond, the third Wednesday in March of the second |
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503 | 503 | | 494annual session of the General Court. For matters referred to a committee and heard by said |
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504 | 504 | | 495committee after the third Wednesday of December of the first annual session, the committee |
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505 | 505 | | 496shall make final report by not later than 60 calendar days after the matter is heard, or by the third |
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506 | 506 | | 497Wednesday in March of the second annual session, whichever occurs later. For all matters |
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507 | 507 | | 498referred to the committee on Health Care Financing after the third Wednesday in March of the |
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508 | 508 | | 499second annual session which were initially referred to another joint standing committee, the |
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509 | 509 | | 500committee shall make final report not later than the last Wednesday of May of the second annual |
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510 | 510 | | 501session. |
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511 | 511 | | 502When the time within which said committees are required to report has expired, all matters upon |
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512 | 512 | | 503which no report has then been made shall forthwith be reported by the chair of the committee on |
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513 | 513 | | 504the part of the branch in which they were respectively introduced, with a recommendation to |
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514 | 514 | | 505study under this rule. |
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515 | 515 | | 506Matters which have been referred under Joint Rule 29, upon which the chairs of the committees |
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516 | 516 | | 507on Rules fail to make a report, shall be placed by the respective Clerks in the Orders of the Day |
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517 | 517 | | 508of the branch in which the subject matter was referred to said committees. |
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518 | 518 | | 509Committees to whom are referred subjects of legislation may combine petitions of similar |
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519 | 519 | | 510subject matter, or other forms of legislation of similar subject matter, into 1 adverse report, and |
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520 | 520 | | 511the report on the petition shall be that said petitions or other forms of legislation ‘ought NOT to |
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521 | 521 | | 512pass,’ and if the report is accepted, all the matters contained in the report shall be disposed of. |
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522 | 522 | | 513However, petitions upon which an adverse report is accepted in only 1 branch may not be 25 of 62 |
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523 | 523 | | 514combined with other subjects of legislation upon which adverse reports must be accepted, in |
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524 | 524 | | 515concurrence. This rule shall not apply to petitions referred to the committees on Rules of the two |
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525 | 525 | | 516branches, acting concurrently, under the second paragraph of Joint Rule 12. |
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526 | 526 | | 517This rule shall not be rescinded, amended or suspended, except by a concurrent vote of four- |
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527 | 527 | | 518fifths of the members of each branch present and voting thereon. Notwithstanding Joint Rule 30, |
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528 | 528 | | 519this rule shall not be rescinded, amended or suspended more than 3 times except by unanimous |
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529 | 529 | | 520consent. [Amended Feb. 2, 1891; Jan. 25, 1894; Jan. 16, 1903; Jan. 20, 1904; Dec. 22, 1920; |
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530 | 530 | | 521April 17, 1925; Jan. 12, 1939; Jan. 15, 1945; Jan. 6, 1947; May 7, 1953; Jan. 27, 1955; Jan. 30, |
---|
531 | 531 | | 5221967; Jan. 7, 1971; Feb. 4, 1974, June 12, 1995; July 17, 2003; Feb. 20, 2007; Feb. 12, 2009; |
---|
532 | 532 | | 523Feb. 15, 2017; Mar. 7, 2019.] |
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533 | 533 | | 52410A. The form for all subjects of legislation receiving a favorable report shall be ‘ought to pass.’ |
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534 | 534 | | 525The form for all subjects of legislation receiving an adverse report shall be ‘ought NOT to pass.’ |
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535 | 535 | | 526A committee to whom is referred any other matter may report recommending that the same be |
---|
536 | 536 | | 527placed on file. [Adopted Jan. 7, 1971.] |
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537 | 537 | | 528Committees of Conference. |
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538 | 538 | | 52911. Committees of conference shall consist of 3 members on the part of each branch, one |
---|
539 | 539 | | 530member of each branch being a member of the minority party representing its vote; and their |
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540 | 540 | | 531report, if agreed to by a majority of each committee, shall be made to the branch asking for the |
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541 | 541 | | 532conference, and may be either accepted or rejected, but no other action shall be had, except |
---|
542 | 542 | | 533through a new committee of conference. |
---|
543 | 543 | | 534Committees of conference to whom are referred matters of difference in respect to bills or |
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544 | 544 | | 535resolves, shall, after filing their reports, but before consideration by either branch, have the same 26 of 62 |
---|
545 | 545 | | 536approved or discharged by each committee on Bills in the Third Reading. [Amended April 22, |
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546 | 546 | | 5371937; Feb. 12, 2009; Feb. 3, 2011; Feb. 15, 2017; Mar. 7, 2019.] |
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547 | 547 | | 53811A. Committees of conference to whom are referred matters of difference in respect to |
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548 | 548 | | 539appropriation bills, including capital outlay programs, shall, after filing their reports but before |
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549 | 549 | | 540consideration by either branch have the same approved or discharged by each committee on Bills |
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550 | 550 | | 541in the Third Reading. |
---|
551 | 551 | | 542Upon the appointment of a committee of conference to whom matters of difference in respect to |
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552 | 552 | | 543any appropriation bill or in respect to any bill providing for capital outlay programs and projects |
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553 | 553 | | 544are referred, the clerk of the branch requesting said committee of conference shall make |
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554 | 554 | | 545available to members of the General Court a list of the matters in disagreement identified by item |
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555 | 555 | | 546number and item purpose and showing the amount made available by each branch of the General |
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556 | 556 | | 547Court, and any other matters in disagreement and the position of each of the said branches. |
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557 | 557 | | 548The report of said committee of conference shall consist of the matters of difference so referred |
---|
558 | 558 | | 549and so identified, showing the amounts appropriated by each of the said branches and other |
---|
559 | 559 | | 550matters in disagreement and the position of each branch with respect to those matters, and shall |
---|
560 | 560 | | 551state said committee's recommendations with respect to the matters so referred. Matters on which |
---|
561 | 561 | | 552there exists no disagreement between the branches shall not be disturbed by the committee of |
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562 | 562 | | 553conference. |
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563 | 563 | | 554The committees on ways and means of each branch of the General Court shall assist such |
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564 | 564 | | 555committee of conference in any and all matters necessary to the preparation and completion of its |
---|
565 | 565 | | 556report. [Adopted July 30, 1974; Amended Oct. 3, 1983; Feb. 3, 2011.] 27 of 62 |
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566 | 566 | | 55711B. No report from a committee of conference shall be considered or acted upon by either |
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567 | 567 | | 558branch until the calendar day following the day on which said report shall have been available to |
---|
568 | 568 | | 559the public and to the members of the General Court. The committee shall file its report no later |
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569 | 569 | | 560than 8 p.m. on the day preceding its consideration and the General Court shall not consider said |
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570 | 570 | | 561report before 1 p.m. on the following day, except that a report from such committee of |
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571 | 571 | | 562conference that it is unable to agree may be considered and acted upon at the time that such |
---|
572 | 572 | | 563report is filed. [Adopted Oct. 3, 1983. Amended July 17, 2003; July 21 and September 20, 2005; |
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573 | 573 | | 564Feb. 3, 2011.] |
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574 | 574 | | 56511C. Reports, other than those filed under Rule 11A, from a committee of conference shall be |
---|
575 | 575 | | 566accompanied by a summary which shall describe the matters in disagreement, the position of |
---|
576 | 576 | | 567each branch with respect to those matters, and the committee’s recommendations with respect to |
---|
577 | 577 | | 568the matters so described, and shall be filed with the clerk. [Adopted Feb. 12, 2009; Feb. 3, 2011.] |
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578 | 578 | | 56911D. Upon the filing of a report by a committee of conference the clerk of the branch in which |
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579 | 579 | | 570the committee of conference filed its report shall make the report and the summary of the report |
---|
580 | 580 | | 571available to all members electronically and to the public on the official website of the General |
---|
581 | 581 | | 572Court. [Adopted Feb. 12, 2009; Feb. 3, 2011.] |
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582 | 582 | | 57311E. Subsequent to the filing of a report of a committee of conference, an addendum may be |
---|
583 | 583 | | 574submitted to the clerk of the branch in which the report had been filed. The addendum shall |
---|
584 | 584 | | 575indicate that it contains only matters inadvertently omitted from or included in the report, and |
---|
585 | 585 | | 576shall be signed by all of members of the House and Senate who had signed the conference |
---|
586 | 586 | | 577committee report. The addendum shall be approved by both the Counsel to the House and the |
---|
587 | 587 | | 578Counsel to the Senate. The addendum, having been approved by both the Counsel to the House 28 of 62 |
---|
588 | 588 | | 579and the Counsel to the Senate, shall be posted to the official website of the General Court |
---|
589 | 589 | | 580immediately upon receipt by the clerk of the branch to which it was submitted. [Adopted Mar.14, |
---|
590 | 590 | | 5812013.] |
---|
591 | 591 | | 582Limit of Time allowed for New Business. |
---|
592 | 592 | | 58312. Resolutions intended for adoption by both branches of the General Court, petitions, and all |
---|
593 | 593 | | 584other subjects of legislation, shall be deposited with the Clerk of either branch prior to 5 p.m. on |
---|
594 | 594 | | 585the third Friday in January of the first annual session of the General Court. |
---|
595 | 595 | | 586All such matters except messages from the Governor, reports required or authorized to be made |
---|
596 | 596 | | 587to the General Court and petitions filed or approved by the voters of a city or town, or the mayor |
---|
597 | 597 | | 588and city council, or other legislative body of a city, or the town meeting of a town, for the |
---|
598 | 598 | | 589enactment of a special law under Section 8 of Article LXXXIX of the Amendments to the |
---|
599 | 599 | | 590Constitution and which do not affect the powers, duties, etc., of state departments, boards, |
---|
600 | 600 | | 591commissions, etc., or which do not affect generally the laws of the Commonwealth deposited |
---|
601 | 601 | | 592with the respective clerks subsequent to 5 p.m. on the third Friday of January of the first annual |
---|
602 | 602 | | 593session of the General Court shall be referred by the Clerks to the committees on the Rules of the |
---|
603 | 603 | | 594two branches, acting concurrently. No such matter shall be admitted for consideration except on |
---|
604 | 604 | | 595report of the committees on Rules of the two branches, acting concurrently, and then upon |
---|
605 | 605 | | 596approval of two-thirds of the members of each branch voting thereon. Matters upon which |
---|
606 | 606 | | 597suspension of Joint Rule 12 has been negatived shall be placed on file. |
---|
607 | 607 | | 598At any special session called under Rule 26A, however, matters relating to the facts constituting |
---|
608 | 608 | | 599the necessity for convening such session shall, if otherwise admissible, be admitted as though |
---|
609 | 609 | | 600filed seasonably under the first sentence of this rule. Any recommendations from the Governor 29 of 62 |
---|
610 | 610 | | 601shall be similarly considered. This rule shall not be rescinded, amended or suspended, except by |
---|
611 | 611 | | 602a concurrent vote of two-thirds of the members of each branch present and voting thereon. |
---|
612 | 612 | | 603[Amended Feb. 7, 18 90; Feb. 2, 18 91; Feb. 7, 18 93; Jan. 10, 18 98; Jan. 9, 18 99; Feb. 15, 19 |
---|
613 | 613 | | 60401; May 4, 19 04; Jan. 31, 19 10; Feb. 2, 19 17; Dec. 22, 19 20; March 30, 19 21; Jan. 30, 19 23; |
---|
614 | 614 | | 605Feb. 15, 19 33; Jan. 12 and Aug. 7, 19 39; Jan. 15, 19 45; Jan. 6, 19 47; May 27, 19 48; Jan. 30, |
---|
615 | 615 | | 60619 67; March 26, 19 69; Jan. 7, 1971 ; Jan. 15 and Oct. 2, 1973 ; Oct 3, 1983 , June 12, 1995 ; |
---|
616 | 616 | | 607Jan. 26, 2005; July 17, 2003; Jan. 26, 2005; July 21, 2005; Sept. 20, 2005; Feb. 12, 2009.] |
---|
617 | 617 | | 60812A. All formal business of the first annual session of the General Court shall be concluded not |
---|
618 | 618 | | 609later than the third Wednesday in December of that calendar year and all formal business of the |
---|
619 | 619 | | 610second annual session shall be concluded not later than the last day of July of that calendar year; |
---|
620 | 620 | | 611provided, however, that the Senate and House of Representatives may convene for formal |
---|
621 | 621 | | 612business solely for the purposes of considering: (i) reports of committees of conference formed |
---|
622 | 622 | | 613on or before the last day of July of the second annual session, (ii) appropriation bills filed after |
---|
623 | 623 | | 614the last day of July of said second annual session, (iii) passage of legislation, notwithstanding the |
---|
624 | 624 | | 615objections of the Governor, that was enacted after acceptance of a report of a committee of |
---|
625 | 625 | | 616conference but was returned by the Governor with the Governor’s objections pursuant to Article |
---|
626 | 626 | | 617II of Section I of Chapter I of Part the Second of the Constitution of the Commonwealth; or (iv) |
---|
627 | 627 | | 618re-enactment of legislation that was originally enacted after acceptance of a report of a |
---|
628 | 628 | | 619committee of conference but was returned by the Governor with a recommendation to amend |
---|
629 | 629 | | 620pursuant to Article LVI of the Amendments to the Constitution. This rule may be suspended by |
---|
630 | 630 | | 621either branch by a vote of a majority of members present and voting in that branch. |
---|
631 | 631 | | 622In order to assist the Senate and House in its analysis and appraisal of laws enacted by the |
---|
632 | 632 | | 623General Court, each joint standing committee, upon conclusion of the formal business of the 30 of 62 |
---|
633 | 633 | | 624annual sessions, shall, as authorized by Joint Rule 1, initiate oversight hearings to evaluate the |
---|
634 | 634 | | 625effectiveness, application and administration of the subject matter of laws within the jurisdiction |
---|
635 | 635 | | 626of that committee. [Adopted June 12, 1995.] |
---|
636 | 636 | | 627Unfinished Business of the Session. |
---|
637 | 637 | | 62812B. Any matter pending before the General Court at the end of the first annual session and any |
---|
638 | 638 | | 629special session held in the same year shall carry over into the second annual session of the same |
---|
639 | 639 | | 630General Court in the same legislative status as it was at the conclusion of the first annual session |
---|
640 | 640 | | 631or any special session held during that year; provided, however, that any measure making or |
---|
641 | 641 | | 632supplementing an appropriation for a fiscal year submitted to or returned to the General Court by |
---|
642 | 642 | | 633the Governor, under Article LXIII of the Amendments to the Constitution, in the first annual |
---|
643 | 643 | | 634session or in a special session held during that year shall cease to exist upon the termination of |
---|
644 | 644 | | 635the first annual session. [Adopted June 12. 1995.] |
---|
645 | 645 | | 636Papers to be deposited with the Clerks. |
---|
646 | 646 | | 63713. Information intended for presentation to the General Court by any Representative or Senator |
---|
647 | 647 | | 638shall be deposited with the Clerk of the branch to which the member belongs; and all such |
---|
648 | 648 | | 639information, unless they be subject to other rules or of the rules of the Senate or House, shall be |
---|
649 | 649 | | 640referred by the Clerk, with the approval of the President or Speaker, to appropriate committees, |
---|
650 | 650 | | 641subject to such changes as the Senate or House may make. The reading of information so |
---|
651 | 651 | | 642referred may be dispensed with, but they shall, except as provided in these rules, be entered in |
---|
652 | 652 | | 643the Journal of the same on the next legislative day after such reference. |
---|
653 | 653 | | 644A member may include a brief statement of intent with all papers intended for presentation to the |
---|
654 | 654 | | 645General Court. Upon a favorable report by a joint standing committee, a committee may include 31 of 62 |
---|
655 | 655 | | 646a brief written statement of intent. Said statement shall be dated and shall include the scope of |
---|
656 | 656 | | 647the matter presented for consideration; provided, however, this rule shall not be construed to |
---|
657 | 657 | | 648require the presentation of such statement of intent under this rule. [Adopted Feb. 7, 1890. |
---|
658 | 658 | | 649Amended Feb. 2, 1891; Feb. 7, 1893; Jan. 25, 1894; Dec. 22, 1920; May 25, 1923; Feb. 15, |
---|
659 | 659 | | 6501933; Jan. 12, 1971; June 3, 1985; Feb. 12, 2009.] |
---|
660 | 660 | | 651Dockets of Legislative Counsel and Agents. |
---|
661 | 661 | | 65214. The committees on Rules of the two branches, acting concurrently, may prescribe the manner |
---|
662 | 662 | | 653and form of keeping the dockets of legislative agents which are required by law. [Adopted Feb. |
---|
663 | 663 | | 6542, 1891; Amended Feb. 19, 1920.] |
---|
664 | 664 | | 655Duties of the Clerk. |
---|
665 | 665 | | 65615. If any part of the report of a committee over the signature of the chair or members of the |
---|
666 | 666 | | 657committee is amended in either branch, the Clerk of that branch shall endorse upon the report |
---|
667 | 667 | | 658such amendment. [Amended Mar. 7, 2019.] |
---|
668 | 668 | | 65916. All papers, while on their passage between the 2 branches, may be under the signature of the |
---|
669 | 669 | | 660respective Clerks, except as to the adopting of emergency preambles and the final passage of |
---|
670 | 670 | | 661bills and resolves. Messages may be sent by such persons as each branch may direct. [Amended |
---|
671 | 671 | | 662Feb. 21, 1919.] |
---|
672 | 672 | | 66317. After bills and resolves have passed both branches to be engrossed, they shall be in the |
---|
673 | 673 | | 664charge of the Clerks of the 2 branches, who shall prepare the same for final passage in the |
---|
674 | 674 | | 665manner prescribed by law; and when so prepared the same shall be delivered to the Clerk of the |
---|
675 | 675 | | 666House of Representatives; and when the bills have been passed to be enacted or the resolves have 32 of 62 |
---|
676 | 676 | | 667been passed in the House, they shall, in like manner, be delivered to the Senate Clerk and |
---|
677 | 677 | | 668Parliamentarian. If a bill or resolve contains an emergency preamble, it shall be delivered in like |
---|
678 | 678 | | 669manner, to the Senate after the preamble has been adopted by the House of Representatives and |
---|
679 | 679 | | 670before the bill or resolve is put upon its final passage in that branch. If the Senate concurs in |
---|
680 | 680 | | 671adopting the preamble, the bill or resolve shall be returned to the House to be there first put upon |
---|
681 | 681 | | 672its final passage, under Joint Rule No. 22. [Amended Feb. 24, 1914; Feb. 21, 1919; Jan. 7, 1971.] |
---|
682 | 682 | | 67318. [Omitted in 1971.] |
---|
683 | 683 | | 67419. The Clerk of the branch in which a bill or resolve originated shall make an endorsement on |
---|
684 | 684 | | 675the envelope of the engrossed copy of the bill, certifying in which branch the bill originated, |
---|
685 | 685 | | 676which endorsement shall be entered on the journals by the Clerks respectively. [Amended Jan. |
---|
686 | 686 | | 67728, 1889; Feb. 24, 1914.] |
---|
687 | 687 | | 67820. Bills, resolves and other papers requiring the approval of the Governor shall be laid before |
---|
688 | 688 | | 679the Governor for the Governor’s approbation by the Senate Clerk and Parliamentarian, who shall |
---|
689 | 689 | | 680enter upon the journal of the Senate the day and date on which the same were so laid before the |
---|
690 | 690 | | 681Governor. [Amended Jan. 28, 1889; Jan. 7, 1971.] |
---|
691 | 691 | | 682Presentation and Distribution of Documents. |
---|
692 | 692 | | 68321. The committees on Rules of the two branches, acting concurrently, may establish regulations |
---|
693 | 693 | | 684for the distribution of bills, reports or other documents. Bills, reports or other documents shall be |
---|
694 | 694 | | 685made available to members electronically and, except for petitions or other documents not |
---|
695 | 695 | | 686assigned bill numbers, published on the Internet. The committees on Rules of the two branches, |
---|
696 | 696 | | 687acting concurrently, may make such changes pertaining to the availability of bills, reports or |
---|
697 | 697 | | 688other documents as they deem necessary for expediting the work of the legislature. 33 of 62 |
---|
698 | 698 | | 689The Clerks of the House of Representatives and the Senate shall be responsible for publishing |
---|
699 | 699 | | 690the journals of their respective chamber, the book Public Officers of Massachusetts, the |
---|
700 | 700 | | 691committee book and any other publications per order of the committees on Rules. [Amended Jan. |
---|
701 | 701 | | 6928, 1886 ; Jan. 28, 1889 ; Jan. 27, 1911 ; Feb. 19, 1920 ; Jan. 6, 1947 ; Apr. 5, 19 67 ; Jan. 7, |
---|
702 | 702 | | 6931971; Feb. 12, 2009; Mar. 14, 2013.] |
---|
703 | 703 | | 694Emergency Measures. |
---|
704 | 704 | | 69522. The vote on the preamble of an emergency law, which under the requirements of Article |
---|
705 | 705 | | 696XLVIII, as amended by Article LXVII of the Amendments of the Constitution shall, upon |
---|
706 | 706 | | 697request of 2 members of the Senate or of 5 members of the House of Representatives, be taken |
---|
707 | 707 | | 698by call of the yeas and nays, shall be had after the proposed law has been prepared for final |
---|
708 | 708 | | 699passage; and neither branch shall vote on the enactment of a bill or on the passage of a resolve |
---|
709 | 709 | | 700containing an emergency preamble until it has been determined whether the preamble shall |
---|
710 | 710 | | 701remain or be eliminated. If the bill contains an emergency preamble, a motion to amend the bill |
---|
711 | 711 | | 702may be received in either branch before the adoption of the emergency preamble, and the |
---|
712 | 712 | | 703amendment may contain a new emergency preamble. If the 2 branches concur in adopting the |
---|
713 | 713 | | 704preamble, the bill or resolve shall first be put upon its final passage in the House of |
---|
714 | 714 | | 705Representatives. If either branch fails to adopt the preamble, notice of its action shall be sent to |
---|
715 | 715 | | 706the other branch; and the bill or resolve, duly endorsed, shall again be prepared for final passage |
---|
716 | 716 | | 707without the preamble and without any provision that the bill or the resolve shall take effect |
---|
717 | 717 | | 708earlier than 90 days after it has become law. Procedure shall be otherwise under the joint rules |
---|
718 | 718 | | 709and the rules of the Senate and the House of Representatives. [Adopted Feb. 21, 1919. Amended |
---|
719 | 719 | | 710Jan. 30, 1923; Jan. 7, 1971; Feb. 20, 2007; Feb. 12, 2009.] 34 of 62 |
---|
720 | 720 | | 71122A. Bills and resolves passed to be engrossed by both branches and before being transmitted by |
---|
721 | 721 | | 712the clerks to the Legislative Engrossing Division shall be made available to the committees on |
---|
722 | 722 | | 713Bills in the Third Reading of the two branches, acting jointly, who shall examine them to ensure |
---|
723 | 723 | | 714accuracy in the text; that the legislation is correct as to form; that references to previous |
---|
724 | 724 | | 715amendments to any particular law are correct and to ensure proper consistency with the language |
---|
725 | 725 | | 716of existing statutes. These committees, with the approval of the majority and minority leadership |
---|
726 | 726 | | 717of both branches may make corrections which are not substantive in nature. The clerks of both |
---|
727 | 727 | | 718branches shall be immediately notified, in writing, of any such changes. Errors discovered by the |
---|
728 | 728 | | 719committees of a substantive nature shall be reported to the General Court, which in turn shall |
---|
729 | 729 | | 720take appropriate action under its rules. Upon completion of examination and possible correction |
---|
730 | 730 | | 721of any such bills and resolves, the bills and resolves shall be returned to the clerks, who in turn, |
---|
731 | 731 | | 722shall transmit them to the Legislative Engrossing Division to be prepared for final passage. |
---|
732 | 732 | | 723[Adopted Sept. 16, 1971.] |
---|
733 | 733 | | 724Legislative Amendments to the Constitution. |
---|
734 | 734 | | 72523. All proposals for amendments to the Constitution referred to a joint committee on the first |
---|
735 | 735 | | 726annual session of the General Court shall be reported by said committee not later than the last |
---|
736 | 736 | | 727Wednesday of April in said year, and proposals for amendments to the Constitution referred to a |
---|
737 | 737 | | 728joint committee subsequent to the last Wednesday in April of the first annual session shall be |
---|
738 | 738 | | 729reported by said committee not later than the last Wednesday of April in the second session of |
---|
739 | 739 | | 730the same General Court. The committee shall file its report, either recommending that the |
---|
740 | 740 | | 731proposal ought to pass or ought not to pass, with any official papers in its possession that relate |
---|
741 | 741 | | 732thereto, with the Clerk of the Senate. When the time within which said committees are required |
---|
742 | 742 | | 733to report has expired, all matters upon which no report has been made shall forthwith be placed 35 of 62 |
---|
743 | 743 | | 734in the Journal of the respective branches, with an adverse report under this rule; and shall then be |
---|
744 | 744 | | 735placed on file in the office of the Clerk of the Senate. For further information of the members of |
---|
745 | 745 | | 736the Senate and House of Representatives, the respective Clerks shall also place all such matters |
---|
746 | 746 | | 737under a separate heading in the Calendar of each branch, as soon as is practicable. In each branch |
---|
747 | 747 | | 738the report shall be read and forthwith placed on file; and no further legislative action shall be |
---|
748 | 748 | | 739taken on the measure unless consideration in joint session is called for by vote of either branch, |
---|
749 | 749 | | 740under Section 2 of Part IV of Article XLVIII (as amended by Article LXXXI) of the |
---|
750 | 750 | | 741Amendments to the Constitution. A joint committee to which is referred any recommendation for |
---|
751 | 751 | | 742an amendment to the Constitution made by the Governor or contained in a report authorized to |
---|
752 | 752 | | 743be made to the General Court may report on the recommendation a proposal for a legislative |
---|
753 | 753 | | 744amendment, which shall be deemed to have been introduced by the member of the Senate who |
---|
754 | 754 | | 745reports for the committee; and the procedure as regards reporting, filing and subsequent action |
---|
755 | 755 | | 746shall be that provided for legislative amendments by this rule. Or the joint committee may report |
---|
756 | 756 | | 747ought not to pass for the reason that no legislation is necessary or that the recommendation ought |
---|
757 | 757 | | 748not to pass; and in such cases the usual procedure as regards similar reports by joint committees |
---|
758 | 758 | | 749shall be followed. If such an adverse report is amended in the Senate by substituting a proposal |
---|
759 | 759 | | 750for a legislative amendment, notice of the Senate’s action shall be sent to the House and said |
---|
760 | 760 | | 751proposal, together with the official papers relating to the subject, shall be in the custody of the |
---|
761 | 761 | | 752Clerk of the Senate; and if said report is so amended in the House, the proposal, duly endorsed, |
---|
762 | 762 | | 753together with the other papers, shall be sent to the Senate for its information and shall be kept in |
---|
763 | 763 | | 754the custody of its Clerk. No further legislative action shall be taken in either branch on a proposal |
---|
764 | 764 | | 755so substituted unless consideration in joint session is called for under the Constitution. If either |
---|
765 | 765 | | 756branch calls for the consideration of any proposal in joint session, notice of its action shall be 36 of 62 |
---|
766 | 766 | | 757sent to the other branch; and it shall then be the duty of the Senate and the House of |
---|
767 | 767 | | 758Representatives to arrange for the holding of the joint session not later than the second |
---|
768 | 768 | | 759Wednesday in May. Subject to the requirements of the Constitution, joint sessions or |
---|
769 | 769 | | 760continuances of joint sessions of the 2 branches to consider proposals for specific amendments to |
---|
770 | 770 | | 761the Constitution, and all rules or procedures, shall be determined only by concurrent votes of the |
---|
771 | 771 | | 7622 branches. The rules relative to joint conventions shall apply to the joint sessions of the 2 |
---|
772 | 772 | | 763houses. [Adopted Feb. 21, 1919. Amended March 30, 1921; April 11, 1935; Jan. 12, 1939; Jan. |
---|
773 | 773 | | 76415, 1945; Nov. 9, 1951; Jan. 15, 1973; July 1, 1974; Feb. 12, 2009.] |
---|
774 | 774 | | 765Executive Reorganization Plans. |
---|
775 | 775 | | 76623A. Any reorganization plan, accompanied by a bill, submitted by the Governor under Article |
---|
776 | 776 | | 767LXXXVII of the Amendments to the Constitution shall be referred by the Clerks of the Senate |
---|
777 | 777 | | 768and the House, with the approval of the President and Speaker, to a joint standing committee |
---|
778 | 778 | | 769within 5 days of the presentation of the reorganization plan. |
---|
779 | 779 | | 770Said committee, to which is referred any such reorganization plan, shall, as required by said |
---|
780 | 780 | | 771Article, not later than 30 days after the presentation of such plan by the Governor, hold a public |
---|
781 | 781 | | 772hearing on the reorganization plan; and shall not later than 10 days after such hearing report that |
---|
782 | 782 | | 773it either approves or disapproves such plan. |
---|
783 | 783 | | 774When recommending action, the committee shall make, in each branch, a separate report of its |
---|
784 | 784 | | 775recommendations, and shall file said report together with the committee's recommendations and |
---|
785 | 785 | | 776the reasons for those recommendations, in writing. Majority and minority reports shall be signed |
---|
786 | 786 | | 777by the members of said committee. Any official papers in the possession of said committee that |
---|
787 | 787 | | 778relate thereto shall be filed with the Clerk of the Senate. 37 of 62 |
---|
788 | 788 | | 779If the committee recommends favorable action, the report shall be that the reorganization plan |
---|
789 | 789 | | 780‘ought to be approved’. If the committee recommends adverse action, the report shall be that the |
---|
790 | 790 | | 781reorganization plan ‘ought NOT to be approved’. In each instance, the question shall be ‘Shall |
---|
791 | 791 | | 782this reorganization plan be approved?’ |
---|
792 | 792 | | 783In each branch, the report shall be read and forthwith recorded in the Journal. On the legislative |
---|
793 | 793 | | 784day next following the Journal record, the report shall be placed in the Orders of the Day of the |
---|
794 | 794 | | 785Senate and the House. |
---|
795 | 795 | | 786When the time within which a joint committee is required to report on a reorganization plan has |
---|
796 | 796 | | 787expired, a matter upon which no report has been made shall forthwith be placed in the Orders of |
---|
797 | 797 | | 788the Day by the Clerks of each branch and the question shall be ‘Shall this reorganization plan be |
---|
798 | 798 | | 789approved?’. |
---|
799 | 799 | | 790When such plan is before either branch, no motion relating to said plan shall be allowed except |
---|
800 | 800 | | 791the motions to lay on the table (only in the Senate), to postpone to a time certain, or to commit or |
---|
801 | 801 | | 792recommit (at the pleasure of either branch). The motions to take a recess, to adjourn, the previous |
---|
802 | 802 | | 793question (if provided in the branch debating the issue), to close debate at a specified time, and |
---|
803 | 803 | | 794the motion to reconsider shall also be in order. |
---|
804 | 804 | | 795A motion to discharge any committee to which is referred or to which is recommitted a |
---|
805 | 805 | | 796reorganization plan shall not be in order prior to the expiration of 40 days after the Governor’s |
---|
806 | 806 | | 797presentation of such plan. After the expiration of said 40 days, a motion to discharge a committee |
---|
807 | 807 | | 798shall be decided by a majority vote of the branch in which the motion is made. |
---|
808 | 808 | | 799Unless disapproved by a majority vote of the members of either of the 2 branches of the General |
---|
809 | 809 | | 800Court present and voting, the General Court not having prorogued within 60 days from the date 38 of 62 |
---|
810 | 810 | | 801of presentation by the Governor, the plan shall be approved and shall take effect as provided by |
---|
811 | 811 | | 802Article LXXXVII of the Amendments to the Constitution. |
---|
812 | 812 | | 803Within 7 days of the expiration of the 60 days from the date of presentation of said plan by the |
---|
813 | 813 | | 804Governor, unless the question has already been decided, the Clerks of the Senate and House of |
---|
814 | 814 | | 805Representatives shall place the plan in the Orders of the Day; and no motions except the motions |
---|
815 | 815 | | 806to take a recess, to adjourn, and previous question, or to close debate at a specified time, shall be |
---|
816 | 816 | | 807in order. |
---|
817 | 817 | | 808No such reorganization plan presented to the General Court shall be subject to change or |
---|
818 | 818 | | 809amendment before expiration of such 60 days. [Adopted June 13, 1967; Amended March 27, |
---|
819 | 819 | | 8101969; June 12, 1995; Feb. 12, 2009.] |
---|
820 | 820 | | 811Joint Conventions. |
---|
821 | 821 | | 81224. The President of the Senate shall preside in Conventions of the 2 branches, and such |
---|
822 | 822 | | 813Conventions shall be held in the Representatives’ Chamber; the Senate Clerk and |
---|
823 | 823 | | 814Parliamentarian shall be the Clerk of the Convention, and a record of the proceedings of the |
---|
824 | 824 | | 815Convention shall be entered at large on the journals of both branches. [Amended Feb. 20, 2007.] |
---|
825 | 825 | | 81625. When an agreement has been made by the 2 branches to go into Convention, such agreement |
---|
826 | 826 | | 817shall not be altered or annulled, except by concurrent vote, excepting that it shall be in order to |
---|
827 | 827 | | 818recess the convention from time to time upon a majority vote of said convention. [Amended Jan. |
---|
828 | 828 | | 8197, 1971 .] |
---|
829 | 829 | | 82026. No business shall be entered on, in Convention, other than that which may be agreed on |
---|
830 | 830 | | 821before the Convention is formed. 39 of 62 |
---|
831 | 831 | | 822Special Sessions. |
---|
832 | 832 | | 82326A. If written statements of 21 members of the Senate and 81 members of the House of |
---|
833 | 833 | | 824Representatives, that in their opinion it is necessary that the General Court assemble in special |
---|
834 | 834 | | 825session on a particular date and time specified in their statements during a recess of the General |
---|
835 | 835 | | 826Court, are filed with their respective Clerks, such Clerks shall forthwith notify all the members |
---|
836 | 836 | | 827of their respective branches to assemble at the State House in Boston, on said date at the time so |
---|
837 | 837 | | 828specified. When so assembled, the first business to be taken up shall be the question of the |
---|
838 | 838 | | 829necessity of so assembling, under Article I of Section I of Chapter I of Part the Second of the |
---|
839 | 839 | | 830Constitution of the Commonwealth. If 21 members of the Senate and 81 members of the House |
---|
840 | 840 | | 831of Representatives judge by vote taken by call of the yeas and nays that such assembling of the |
---|
841 | 841 | | 832General Court is necessary, specifying in such vote the facts constituting such necessity, the |
---|
842 | 842 | | 833General Court shall then complete its organization as a special session, proceed to the |
---|
843 | 843 | | 834consideration of the suspension of Joint Rule 12A which if suspended by the required two-thirds |
---|
844 | 844 | | 835of the members of both branches shall permit the General Court to proceed to the consideration |
---|
845 | 845 | | 836of matters properly before it. Nothing in this rule shall prevent the General Court from |
---|
846 | 846 | | 837assembling in any other constitutional manner when it judges necessary. [Adopted Aug. 7, 1939. |
---|
847 | 847 | | 838Amended March 2, 1943; March 27, 19 69; May 5, 1979; July 17, 2003; July 21 and September |
---|
848 | 848 | | 83920, 2005.] |
---|
849 | 849 | | 840Joint Elections. |
---|
850 | 850 | | 84127. In all elections by joint ballot a time shall be assigned for such election at least 1 day |
---|
851 | 851 | | 842previous to such election. 40 of 62 |
---|
852 | 852 | | 84327A. In all cases of elections by ballot a majority of the votes cast shall be necessary for a |
---|
853 | 853 | | 844choice, and where there shall be no such a majority on the first ballot the ballots shall be repeated |
---|
854 | 854 | | 845until a majority is obtained; and in balloting, blanks shall be rejected and not taken into the count |
---|
855 | 855 | | 846in the enumeration of votes, excepting that when the number of blanks shall be more than the |
---|
856 | 856 | | 847number of votes received by the candidate having the highest number of votes, then the election |
---|
857 | 857 | | 848shall be declared void and the balloting shall be repeated as provided herein. [Adopted March 27, |
---|
858 | 858 | | 8491969 .] |
---|
859 | 859 | | 85028. [Omitted March 28, 1972 .] |
---|
860 | 860 | | 851References to the Committees on Rules. |
---|
861 | 861 | | 85229. All motions and orders authorizing joint committees to travel or to employ stenographers, or |
---|
862 | 862 | | 853authorizing joint committees or special commissions composed as a whole or in part of members |
---|
863 | 863 | | 854of the General Court to make investigations or to file special reports, all propositions reported by |
---|
864 | 864 | | 855joint committees which authorize investigations or special reports by joint committees or by |
---|
865 | 865 | | 856special commissions composed as a whole or in part of members of the General Court, all |
---|
866 | 866 | | 857motions or orders proposed for joint adoption which provide that information be transmitted to |
---|
867 | 867 | | 858the General Court, and all matters referred under the second paragraph of Joint Rule 12, shall be |
---|
868 | 868 | | 859referred without debate to the committees on Rules of the two branches acting concurrently, who |
---|
869 | 869 | | 860shall report on the matter, under Joint Rule 10. All matters which have been referred under this |
---|
870 | 870 | | 861rule shall, in each instance, be reported back into the branch making such reference. [Adopted |
---|
871 | 871 | | 862Jan. 10, 1898. Amended Jan. 20, 1904; Jan. 28, 1913; Feb. 19 and Dec. 22, 1920; April 11, 1935; |
---|
872 | 872 | | 863April 22, 1937; Jan. 27, 1955; Jan. 30, 1967; Oct. 18, 1971.] 41 of 62 |
---|
873 | 873 | | 86429A. Meetings of any special commission, special legislative commission, task force or other |
---|
874 | 874 | | 865group authorized or required by a statute, resolve, rule, or order to make or conduct an |
---|
875 | 875 | | 866investigation or study of any issue shall be conducted openly and transparently. Meetings of any |
---|
876 | 876 | | 867special commission, special legislative commission, task force or other group authorized or |
---|
877 | 877 | | 868required by a statute, resolve, rule, or order to make or conduct an investigation or study of any |
---|
878 | 878 | | 869issue and which are chaired by members of the general court shall be posted and conducted |
---|
879 | 879 | | 870pursuant to the rules of the senate and house of representatives and shall be conducted according |
---|
880 | 880 | | 871to the following requirements: |
---|
881 | 881 | | 872a.)Meetings shall be open to the public; |
---|
882 | 882 | | 873b.)Meetings shall be announced by appropriate notice at least 72 hours in advance; |
---|
883 | 883 | | 874c.)Any documents used in a meeting be provided to the public upon request in a manner to |
---|
884 | 884 | | 875be determined by the chair; |
---|
885 | 885 | | 876d.)Public testimony shall be accepted in a manner to be determined by the chair; |
---|
886 | 886 | | 877e.)The chair shall maintain a summary of the subjects discussed at each meeting, a list of |
---|
887 | 887 | | 878documents and other exhibits used at the meetings, and shall maintain a record of proceedings, |
---|
888 | 888 | | 879including a record of all votes. For the purposes of this rule a video or audio recording made |
---|
889 | 889 | | 880available to the public shall be considered an adequate record of the proceedings. [Adopted, Feb. |
---|
890 | 890 | | 88115, 2017; Amended Mar. 7, 2019.] |
---|
891 | 891 | | 88230. Omitted. |
---|
892 | 892 | | 883Members. 42 of 62 |
---|
893 | 893 | | 88431. A member of either branch who directly or indirectly solicits for such member or others any |
---|
894 | 894 | | 885position or office within the gift or control of a railroad corporation, street railway company, gas |
---|
895 | 895 | | 886or electric light company, telegraph or telephone company, aqueduct or water company, or other |
---|
896 | 896 | | 887public service corporation, shall be subject to suspension for such solicitation, or to such other |
---|
897 | 897 | | 888penalty as the branch of which the person is a member may see fit to impose. [See G. L. 271, sec. |
---|
898 | 898 | | 88940.] [Adopted May 22, 1902.] |
---|
899 | 899 | | 890Accommodations for Reporters. |
---|
900 | 900 | | 89132. Subject to the approval and direction of the committees on Rules of the two branches, acting |
---|
901 | 901 | | 892concurrently, during the session, and of the President of the Senate and the Speaker of the House |
---|
902 | 902 | | 893of Representatives after prorogation, the use of the rooms and facilities assigned to reporters in |
---|
903 | 903 | | 894the State House shall be under the control of the organizations of legislative reporters known as |
---|
904 | 904 | | 895the Massachusetts State House Press Association and the State House Broadcasters Association. |
---|
905 | 905 | | 896No person shall be permitted to use such rooms or facilities who is not entitled to the privileges |
---|
906 | 906 | | 897of the reporters’ galleries of the Senate or of the House. Within 10 days after the General Court |
---|
907 | 907 | | 898convenes the Massachusetts State House Press Association and the State House Broadcasters |
---|
908 | 908 | | 899Association shall each transmit to the President of the Senate, the Speaker of the House of |
---|
909 | 909 | | 900Representatives and the Sergeant-at-Arms a list of the legislative reporters with the principal |
---|
910 | 910 | | 901publication or news service which each represents. [Adopted Jan. 27, 1911. Amended Feb. 24, |
---|
911 | 911 | | 9021914; Feb. 19, 1920; April 17, 1925; May 23, 1979; Feb. 12, 2009.] |
---|
912 | 912 | | 903Suspension of Rules. |
---|
913 | 913 | | 90433. Any joint rule except Rule 10, 12A and Rule 30 may be altered, suspended or rescinded by a |
---|
914 | 914 | | 905concurrent vote of two-thirds of the members of each branch present and voting thereon. 43 of 62 |
---|
915 | 915 | | 906[Amended Feb. 7, 1893. Adopted in revised form Jan. 9, 1899. Amended Jan. 16, 1903; Jan. 26, |
---|
916 | 916 | | 9072005.] |
---|
917 | 917 | | 908Audit of Accounts. |
---|
918 | 918 | | 90934. (a) The committees on Rules of the two branches, acting concurrently, shall, upon receipt of |
---|
919 | 919 | | 910the recommendation of the state auditor pursuant to subsection (b), provide that an outside, |
---|
920 | 920 | | 911independent financial audit of joint financial accounts be conducted for each fiscal year upon |
---|
921 | 921 | | 912receipt of the fiscal year end appropriation activity with balance report from the comptroller of |
---|
922 | 922 | | 913the Commonwealth. The outside, independent financial audit shall be conducted in accordance |
---|
923 | 923 | | 914with the standards for audits of governmental organizations, programs, activities and functions, |
---|
924 | 924 | | 915commonly referred to as the “Generally Accepted Government Auditing Standards (GAGAS)” |
---|
925 | 925 | | 916or “Yellow Book,” published by the Comptroller General of the United States. The committees |
---|
926 | 926 | | 917shall provide the independent auditor with requested financial documents for such financial |
---|
927 | 927 | | 918audit. A copy of the completed outside, independent financial audit shall be filed with the Clerks |
---|
928 | 928 | | 919of the Senate and the House of Representatives and the state auditor, and shall be posted on the |
---|
929 | 929 | | 920official website of the General Court. |
---|
930 | 930 | | 921(b) The committees on Rules of the two branches, acting concurrently, and with the assistance of |
---|
931 | 931 | | 922the House Business Manager and the Chief Financial Officer of the Senate, shall annually |
---|
932 | 932 | | 923request that the state auditor recommend a private, independent auditing firm to conduct the |
---|
933 | 933 | | 924independent financial audit of joint financial accounts required by subsection (a). The state |
---|
934 | 934 | | 925auditor shall, within 30 days of the committees’ request, recommend to the committees a private, |
---|
935 | 935 | | 926independent auditing firm from the list of private, independent auditing firms on the appropriate |
---|
936 | 936 | | 927statewide procurement contract established by the operational services division. The committees 44 of 62 |
---|
937 | 937 | | 928shall cause a contract to be executed with the private, independent auditing firm recommended |
---|
938 | 938 | | 929by the state auditor pursuant to a statewide procurement contract established by the operational |
---|
939 | 939 | | 930services division. If the state auditor fails to recommend a private, independent auditing firm to |
---|
940 | 940 | | 931serve as the independent auditor of joint financial accounts within 30 days of receiving a request |
---|
941 | 941 | | 932from the committees, then the committees shall retain a private, independent auditing firm from |
---|
942 | 942 | | 933the appropriate statewide procurement contract established by the operational services division. |
---|
943 | 943 | | 934(c) The provisions of this rule shall apply to fiscal years beginning on July 1, 2025. |
---|
944 | 944 | | 935[Adopted May 30, 1985.] |
---|
945 | 945 | | 93635. The committees on Rules of the two branches, acting concurrently, shall conduct a |
---|
946 | 946 | | 937comprehensive review of the joint rules adopted by the Senate and the House of Representatives |
---|
947 | 947 | | 938for the 194th General Court. The committees may conduct public hearings and solicit public |
---|
948 | 948 | | 939testimony from interested parties. The committees shall submit a report to both branches at the |
---|
949 | 949 | | 940conclusion of their review by no later than December 31, 2026. |
---|
950 | 950 | | 941[Adopted June 12, 1995.] |
---|
951 | 951 | | 942Procurement. |
---|
952 | 952 | | 94336. (a) The House Business Manager and Chief Financial Officer of the Senate shall complete |
---|
953 | 953 | | 944the procurement of all goods and services from the joint legislative accounts. Procurements for |
---|
954 | 954 | | 945goods or services shall be made pursuant to a statewide procurement contract established by the |
---|
955 | 955 | | 946operational services division, to the extent practicable, as determined by the House Business |
---|
956 | 956 | | 947Manager and the Chief Financial Officer of the Senate. If the Business Manager and the Chief |
---|
957 | 957 | | 948Financial Officer determine that a procurement cannot be made using a statewide procurement 45 of 62 |
---|
958 | 958 | | 949contract established by the operational services division, they may procure the required goods or |
---|
959 | 959 | | 950services under subsections (b), (c) or (d). |
---|
960 | 960 | | 951(b) Procurement of a supply or service from a vendor not on a statewide procurement contract |
---|
961 | 961 | | 952valued at less than $10,000 shall be made at the discretion of the House Business Manager and |
---|
962 | 962 | | 953the Chief Financial Officer of the Senate. |
---|
963 | 963 | | 954(c) If the House Business Manager and the Chief Financial Officer of the Senate seek to procure |
---|
964 | 964 | | 955a supply or service from a vendor not on a statewide procurement contract valued at $10,000 or |
---|
965 | 965 | | 956more, but less than $100,000, they shall seek written or oral quotations from not fewer than 3 |
---|
966 | 966 | | 957persons customarily providing such supply or service. The House Business Manager and the |
---|
967 | 967 | | 958Chief Financial Officer of the Senate shall record the names and addresses of all persons from |
---|
968 | 968 | | 959whom quotations were sought, the names and addresses of all persons submitting quotations and |
---|
969 | 969 | | 960the date and amount of each quotation. The House Business Manager and the Chief Financial |
---|
970 | 970 | | 961Officer of the Senate shall transmit said records to House and Senate Counsel for review with a |
---|
971 | 971 | | 962recommendation as to what quotation offers the needed quality of supply or service at the best |
---|
972 | 972 | | 963value for the General Court. Upon completion of the review by the House and Senate Counsels, |
---|
973 | 973 | | 964the House Business Manager and the Chief Financial Officer of the Senate shall award the |
---|
974 | 974 | | 965contract to the responsible person whose quotation offers the needed quality of supply or service |
---|
975 | 975 | | 966and which represents the best value for the General Court. |
---|
976 | 976 | | 967(d) If the House Business Manager and the Chief Financial Officer of the Senate seek to procure |
---|
977 | 977 | | 968a supply or service from a vendor not on a statewide procurement contract valued at $100,000 or |
---|
978 | 978 | | 969more, the House Business Manager and the Chief Financial Officer of the Senate shall seek |
---|
979 | 979 | | 970proposals through a competitive bid process, which shall be established by the House and Senate 46 of 62 |
---|
980 | 980 | | 971Counsel; provided, however, that House and Senate Counsel shall file the competitive bid |
---|
981 | 981 | | 972process with the Clerk of the House and the Clerk of the Senate no later than March 31st of the |
---|
982 | 982 | | 973first year of the session. |
---|
983 | 983 | | 974(e) The House Business Manager and the Chief Financial Officer of the Senate shall maintain a |
---|
984 | 984 | | 975file on each procurement not executed using a statewide procurement contract established by the |
---|
985 | 985 | | 976operational services division and in excess of $10,000 and shall include in such file all |
---|
986 | 986 | | 977documents constituting the agreement for goods and services and all documents required by |
---|
987 | 987 | | 978subsection (c) or (d). The files maintained shall be available for inspection by members of the |
---|
988 | 988 | | 979General Court during regular business hours unless the information is otherwise protected by |
---|
989 | 989 | | 980state or federal law. |
---|
990 | 990 | | 981(f) Whenever the time required to comply with a requirement of this rule would endanger the |
---|
991 | 991 | | 982health, safety or convenience of the members, staff or visitors to the House of Representatives or |
---|
992 | 992 | | 983Senate the House Business Manager and the Senate Chief Financial Officer may make an |
---|
993 | 993 | | 984emergency procurement without satisfying the requirement of this rules; provided, however, that |
---|
994 | 994 | | 985both the House Business Manager and the Senate Chief Financial Officer certify in writing that: |
---|
995 | 995 | | 986(i) an emergency exists and explain the nature thereof; (ii) the emergency procurement is limited |
---|
996 | 996 | | 987to only supplies or services necessary to meet the emergency; (iii) shall conform to the |
---|
997 | 997 | | 988requirements of rule to the extent practicable under the circumstances; (iv) each contractor’s |
---|
998 | 998 | | 989name, (v) the amount and the type of each contract; (vi) the supplies or services provided under |
---|
999 | 999 | | 990each contract; (vii) and basis for determining the need for an emergency procurement. 47 of 62 |
---|
1000 | 1000 | | 991(g) Notwithstanding subsection (a) and (d), all procurements for legal consulting services and |
---|
1001 | 1001 | | 992legal resources shall be handled exclusively by House and Senate Counsel in compliance with |
---|
1002 | 1002 | | 993the provisions of this rule. |
---|
1003 | 1003 | | 994(h) If, in the determination of the House Business Manager and the Chief Financial Officer of the |
---|
1004 | 1004 | | 995Senate, an emergency procurement of greater than $10,000 is necessary, the House Business |
---|
1005 | 1005 | | 996Manager and the Chief Financial Officer of the Senate may procure the goods or services |
---|
1006 | 1006 | | 997immediately and create and maintain a file explaining the nature of the emergency and the goods |
---|
1007 | 1007 | | 998or services that were procured as a result. The House Business Manager and the Chief Financial |
---|
1008 | 1008 | | 999Officer of the Senate shall document the goods or services that were procured, the process used |
---|
1009 | 1009 | | 1000to procure the goods or services, the vendors that were contacted and any other information |
---|
1010 | 1010 | | 1001relevant to the procurement, and make that information available to members of the General |
---|
1011 | 1011 | | 1002Court during regular business hours, unless the information is otherwise protected by state or |
---|
1012 | 1012 | | 1003federal law. [Adopted Mar. 14, 2013; Amended Feb. 15, 2017; Mar. 7, 2019]. |
---|
1013 | 1013 | | 1004INDEX TO JOINT RULES |
---|
1014 | 1014 | | 1005OF THE TWO BRANCHES |
---|
1015 | 1015 | | 1006[The figures refer to the numbers of rules.] |
---|
1016 | 1016 | | 1007Accounts, audit, 34. |
---|
1017 | 1017 | | 1008AMENDMENTS: |
---|
1018 | 1018 | | 1009 of rules, vote required, 10, 12, 30, 33. |
---|
1019 | 1019 | | 1010 to Constitution, procedure, 23. 48 of 62 |
---|
1020 | 1020 | | 1011 to engrossed Bills, 22. |
---|
1021 | 1021 | | 1012BILLS AND RESOLVES: |
---|
1022 | 1022 | | 1013 after passage to be engrossed, to be in charge of Clerks, etc., 17. |
---|
1023 | 1023 | | 1014 carry over, first to second session, 12B. |
---|
1024 | 1024 | | 1015 committee bills, 3A. |
---|
1025 | 1025 | | 1016 containing emergency preambles, procedure, 22. |
---|
1026 | 1026 | | 1017 enacted, to be laid before the Governor by Clerk of the Senate, 20. |
---|
1027 | 1027 | | 1018 for special legislation, not to be reported if object is attainable by general or existing |
---|
1028 | 1028 | | 1019laws, 7. |
---|
1029 | 1029 | | 1020 how to be written, 6. |
---|
1030 | 1030 | | 1021 how printed, etc., 21. |
---|
1031 | 1031 | | 1022 may be reported to either branch except, etc., 4. |
---|
1032 | 1032 | | 1023 money, to be reported to the House, 4. |
---|
1033 | 1033 | | 1024 recommittal of, 5. |
---|
1034 | 1034 | | 1025 specially affecting rights of individuals or corporations, not to be reported except on |
---|
1035 | 1035 | | 1026petition, etc., 8. |
---|
1036 | 1036 | | 1027Bills in the Third Reading, committee on. |
---|
1037 | 1037 | | 1028 may make non-substantive changes after bill engrossed in both branches, 22A. 49 of 62 |
---|
1038 | 1038 | | 1029 to approve reports of conference committees, 11. |
---|
1039 | 1039 | | 1030Blank ballots not to be counted in elections, etc., 27A. |
---|
1040 | 1040 | | 1031Cities, petitions affecting, 7B, 12. |
---|
1041 | 1041 | | 1032CLERKS: |
---|
1042 | 1042 | | 1033 papers deposited late with, disposition, 12. |
---|
1043 | 1043 | | 1034 papers on passage between the two branches to be under signature of, except, etc., 16. |
---|
1044 | 1044 | | 1035 papers to be deposited with, and referred to committees, 13 |
---|
1045 | 1045 | | 1036 Senate Clerk shall be Clerk of joint Convention, 24. |
---|
1046 | 1046 | | 1037 Senate Clerk shall lay enacted bills, etc., before Governor, 20. |
---|
1047 | 1047 | | 1038 shall endorse amendments or reports of committees, 15. |
---|
1048 | 1048 | | 1039 shall endorse where bill or resolve originated, 19. |
---|
1049 | 1049 | | 1040 shall have charge of bills, etc., after passage to be engrossed, etc., 17. |
---|
1050 | 1050 | | 1041 to certify bills and resolves to rightly and truly prepared for final passage, 17. |
---|
1051 | 1051 | | 1042 to notify members to assemble for special sessions, 26A. |
---|
1052 | 1052 | | 1043 to place unreported matters in the Orders of the Day when time for reporting expires, 10. |
---|
1053 | 1053 | | 1044 to submit certain petitions to State Secretary, 9. |
---|
1054 | 1054 | | 1045COMMITTEES: 50 of 62 |
---|
1055 | 1055 | | 1046 bills specially affecting individuals or corporations not to be reported when notice, etc., 8. |
---|
1056 | 1056 | | 1047 bills reported by joint, how to be written, 6. |
---|
1057 | 1057 | | 1048 Cannabis Policy committee, 1. |
---|
1058 | 1058 | | 1049 |
---|
1059 | 1059 | | 1050 Cellular telephones, etc., prohibit, 1D. |
---|
1060 | 1060 | | 1051 decorum, chairs of each committee preserve, 1D. |
---|
1061 | 1061 | | 1052 fiscal notes, 4A. |
---|
1062 | 1062 | | 1053 Export Development committee, 1. |
---|
1063 | 1063 | | 1054 form of reports, 10A. |
---|
1064 | 1064 | | 1055 if report is amended in either branch, to be endorsed by Clerk, 15. |
---|
1065 | 1065 | | 1056 Health Care Financing |
---|
1066 | 1066 | | 1057 deadline for reporting, 10. |
---|
1067 | 1067 | | 1058 reports not to be read prior to reference to, 1E. |
---|
1068 | 1068 | | 1059 limit of time for reports, etc., 10, 30. |
---|
1069 | 1069 | | 1060 limit number of bills to be heard, 1D. |
---|
1070 | 1070 | | 1061 members of Legislature not to act as counsel before, 2. |
---|
1071 | 1071 | | 1062 motions and orders extending time within which, may report, to be referred to |
---|
1072 | 1072 | | 1063committees on Rules, 30. 51 of 62 |
---|
1073 | 1073 | | 1064 not to sit during recess of General Court unless authorized by the two branches, 3. |
---|
1074 | 1074 | | 1065 notice of hearings, 1D. |
---|
1075 | 1075 | | 1066 of conference, 1A, 11, 11A, 11B. |
---|
1076 | 1076 | | 1067 on Rules to regulate distribution of documents, 21. |
---|
1077 | 1077 | | 1068 open meetings, 1A, 1D. |
---|
1078 | 1078 | | 1069 orders authorizing joint, to travel or employ stenographers, to be referred to committees |
---|
1079 | 1079 | | 1070on Rules, 29. |
---|
1080 | 1080 | | 1071 executive sessions, 1D, |
---|
1081 | 1081 | | 1072 oversight activities and Internet posting, 1. |
---|
1082 | 1082 | | 1073 posters, etc. prohibit, 1D. |
---|
1083 | 1083 | | 1074 proposals for amendments to the Constitution, reports of, on, 23. |
---|
1084 | 1084 | | 1075 public hearings, 1B. |
---|
1085 | 1085 | | 1076 public testimony, physical address and e-mail, 1D. |
---|
1086 | 1086 | | 1077 recording of meetings of, 1D. |
---|
1087 | 1087 | | 1078 report of, without being founded upon petition, 3A. |
---|
1088 | 1088 | | 1079 reports of, recommittal of, 5. |
---|
1089 | 1089 | | 1080 reports of, 4, 10. 52 of 62 |
---|
1090 | 1090 | | 1081 reports of, subsequently referred to a joint committee (except for Health Care Financing), |
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1091 | 1091 | | 1082to be reported to branch in which original report was made, 4. |
---|
1092 | 1092 | | 1083 reports of, may be made to either branch, except, etc., 4. |
---|
1093 | 1093 | | 1084 roll call votes, 4. |
---|
1094 | 1094 | | 1085 rules of procedure and Internet posting, 1. |
---|
1095 | 1095 | | 1086 schedule of hearings, 1C, 1D. |
---|
1096 | 1096 | | 1087 special legislation to be reported against, if purpose can be secured by general or existing |
---|
1097 | 1097 | | 1088law, 7. |
---|
1098 | 1098 | | 1089 standing, appointment, number of members, etc., 1. |
---|
1099 | 1099 | | 1090 Summaries of bills, etc., prior to executive sessions, 1D. |
---|
1100 | 1100 | | 1091 testimony before, physical addresses and e-mail, 1D. |
---|
1101 | 1101 | | 1092 to report money bills to House, 4. |
---|
1102 | 1102 | | 1093 to report adversely on petitions not advertised according to law, etc., 9. |
---|
1103 | 1103 | | 1094 travel of, 3. |
---|
1104 | 1104 | | 1095 visual aides, posters, etc., prohibit, 1D. |
---|
1105 | 1105 | | 1096 written statement of intent, 13. |
---|
1106 | 1106 | | 1097CONFERENCE, COMMITTEES OF, 1A, 11, 11A, 11B, 11C, 11D, 11E. |
---|
1107 | 1107 | | 1098 addendum procedures, 11E. 53 of 62 |
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1108 | 1108 | | 1099 appropriation bills, 11A. |
---|
1109 | 1109 | | 1100 availability, etc., 11B. |
---|
1110 | 1110 | | 1101 committee on Bills in the Third Reading approval, etc., 11. |
---|
1111 | 1111 | | 1102 conference to consist of 3 members, 11. |
---|
1112 | 1112 | | 1103 errata procedures, 11E. |
---|
1113 | 1113 | | 1104 internet posting, 11D. |
---|
1114 | 1114 | | 1105 may be accepted or rejected, 11. |
---|
1115 | 1115 | | 1106 minority party members, 11. |
---|
1116 | 1116 | | 1107 open to the public, except, 1A. |
---|
1117 | 1117 | | 1108 shall be made to the branch in which the matter was introduced, 4. |
---|
1118 | 1118 | | 1109 summary to be filed with the clerk, 11C. |
---|
1119 | 1119 | | 1110 |
---|
1120 | 1120 | | 1111Constitution, amendments to, procedure relative to, 23. |
---|
1121 | 1121 | | 1112CONVENTIONS OF BOTH BRANCHES: |
---|
1122 | 1122 | | 1113 agreement to go into Convention shall not be altered except by concurrent vote, 25. |
---|
1123 | 1123 | | 1114 Clerk of Senate to be Clerk; record to be made in journals of both branches, 24. |
---|
1124 | 1124 | | 1115 held in Representatives' Chamber, 24. 54 of 62 |
---|
1125 | 1125 | | 1116 no business to be transacted except that before agreed upon, 26. |
---|
1126 | 1126 | | 1117 President of Senate shall preside, 24. |
---|
1127 | 1127 | | 1118Corporations, legislation affecting, 8, 9. |
---|
1128 | 1128 | | 1119Counsel, no member shall act as, before committees, 2. |
---|
1129 | 1129 | | 1120Counsels to Senate and House, 1. |
---|
1130 | 1130 | | 1121Counties, certain petitions to require approval of county commissioners, 7A, 7B. |
---|
1131 | 1131 | | 1122Documents, distribution, printing and publishing, etc., 21. |
---|
1132 | 1132 | | 1123Elections by joint ballot, to be assigned one day previous, 27. |
---|
1133 | 1133 | | 1124 blank ballots not to be counted, etc., 27A. |
---|
1134 | 1134 | | 1125Emergency laws, 16, 17, 22. |
---|
1135 | 1135 | | 1126Employee handbook, 1. |
---|
1136 | 1136 | | 1127Engrossed bills |
---|
1137 | 1137 | | 1128 amendments to, 22. |
---|
1138 | 1138 | | 1129 in charge of Clerks; to be prepared for final passage and certified by Clerks, 17. |
---|
1139 | 1139 | | 1130Evidence, printing of extended reports, 21. |
---|
1140 | 1140 | | 1131Executive reorganization plans, 23A. |
---|
1141 | 1141 | | 1132Fiscal notes, 4A. 55 of 62 |
---|
1142 | 1142 | | 1133General law to be preferred to special legislation, 7. |
---|
1143 | 1143 | | 1134GOVERNOR: |
---|
1144 | 1144 | | 1135 executive reorganization plans, 23A. |
---|
1145 | 1145 | | 1136 may submit recommendations during special sessions, 12. |
---|
1146 | 1146 | | 1137 papers requiring approval of, to be submitted to, by Clerk of the Senate, 20. |
---|
1147 | 1147 | | 1138 recommendations of, for amendments to the Constitution, 23. |
---|
1148 | 1148 | | 1139Home rule legislation, 7B, 12. |
---|
1149 | 1149 | | 1140Human Resources offices, Senate and House, employee handbook, 1. |
---|
1150 | 1150 | | 1141Individuals, legislation affecting, 8. |
---|
1151 | 1151 | | 1142Information, motions and orders for joint adoption providing that, be transmitted to the General |
---|
1152 | 1152 | | 1143Court, 29. |
---|
1153 | 1153 | | 1144Intent statement, petitioners and committees. 13. |
---|
1154 | 1154 | | 1145Internet, posting of certain information on, 1. |
---|
1155 | 1155 | | 1146Investigations, propositions involving special, to be referred to committees on Rules, acting |
---|
1156 | 1156 | | 1147concurrently, 29. |
---|
1157 | 1157 | | 1148Joint conventions and joint sessions of the two houses, 23-26. |
---|
1158 | 1158 | | 1149Joint petitions, 6A. |
---|
1159 | 1159 | | 1150JOURNALS OF THE SENATE AND HOUSE OF REPRESENTATIVES: 56 of 62 |
---|
1160 | 1160 | | 1151 papers deposited to be entered in, 13. |
---|
1161 | 1161 | | 1152 proceedings of joint conventions to be recorded in, 24. |
---|
1162 | 1162 | | 1153 record of date bills laid before Governor, 20. |
---|
1163 | 1163 | | 1154LEGISLATION: |
---|
1164 | 1164 | | 1155 affecting rights of individuals or corporations, must be introduced by petition, 8. |
---|
1165 | 1165 | | 1156 intent statements, petitioners, 13. |
---|
1166 | 1166 | | 1157 subjects of, to be deposited with Clerks, 12, 13. |
---|
1167 | 1167 | | 1158 Legislative accounts, audits, 34. |
---|
1168 | 1168 | | 1159 Legislative sessions, limit, 12A. |
---|
1169 | 1169 | | 1160LIMITS OF TIME: |
---|
1170 | 1170 | | 1161 for filing statements calling for special sessions during recess, 26A. |
---|
1171 | 1171 | | 1162 for holding of joint session for consideration of Amendments to the Constitution, 23. |
---|
1172 | 1172 | | 1163 for introduction of new business, 12. |
---|
1173 | 1173 | | 1164 for legislative sessions, first and second year of General Court, 12A. |
---|
1174 | 1174 | | 1165 for reports, 10, 30. |
---|
1175 | 1175 | | 1166 for transmission of list of legislative reporters, 32. |
---|
1176 | 1176 | | 1167LOCAL APPROVAL 57 of 62 |
---|
1177 | 1177 | | 1168 compliance subsequent to filing, 7B. |
---|
1178 | 1178 | | 1169 substantive amendments to filed with House and Senate counsels, 7D. |
---|
1179 | 1179 | | 1170 valid until end of next biennial session, 7C. |
---|
1180 | 1180 | | 1171MEMBERS: |
---|
1181 | 1181 | | 1172 majority may assemble in special session, 26A. |
---|
1182 | 1182 | | 1173 not to act as counsel before committees, 2. |
---|
1183 | 1183 | | 1174 not to purchase stock or other securities of corporations or associations when legislation |
---|
1184 | 1184 | | 1175affecting such corporations or associations is pending, 2A. |
---|
1185 | 1185 | | 1176 not to solicit employment for themselves or others, 31. |
---|
1186 | 1186 | | 1177 written statement of intent of legislation, 13. |
---|
1187 | 1187 | | 1178Memorials contemplating legislation deposited with Clerks late, disposition, 12. |
---|
1188 | 1188 | | 1179Messages between the two branches, 16. |
---|
1189 | 1189 | | 1180Motions, certain, to be referred to the committee on Rules, 29, 30. |
---|
1190 | 1190 | | 1181New business, limit of time allowed for, 12. |
---|
1191 | 1191 | | 1182Notice of legislation specially affecting the rights of individuals or corporation to be given, 8. |
---|
1192 | 1192 | | 1183Orders, certain, to be referred to the committees on Rules, 29, 30. |
---|
1193 | 1193 | | 1184Orders of the Day, unreported matters to be placed in, by Clerks, 10. |
---|
1194 | 1194 | | 1185PAPERS: 58 of 62 |
---|
1195 | 1195 | | 1186 certain, to be printed in advance, 13. |
---|
1196 | 1196 | | 1187 on passage between the two branches to be under Clerks' signatures, except, etc., 16. |
---|
1197 | 1197 | | 1188 reading may be dispensed with, 13. |
---|
1198 | 1198 | | 1189 requiring approval of Governor to be laid before him by Clerk of the Senate, 20. |
---|
1199 | 1199 | | 1190 to be deposited with Clerks, etc., 13. |
---|
1200 | 1200 | | 1191 written statements of intent, 13. |
---|
1201 | 1201 | | 1192PETITIONS. |
---|
1202 | 1202 | | 1193 adverse reports on, to be made to branch in which introduced, 4. |
---|
1203 | 1203 | | 1194 deposited with Clerks subsequently to last hour for filing, to be referred to the |
---|
1204 | 1204 | | 1195committees on Rules of the two branches, acting concurrently, 12. |
---|
1205 | 1205 | | 1196 for amendments to Constitution, 23. |
---|
1206 | 1206 | | 1197 for legislation affecting a particular city or town, 7B, 12. |
---|
1207 | 1207 | | 1198 for the establishment or revival, or for the amendment, alteration or extension of the |
---|
1208 | 1208 | | 1199charter or corporate powers or privileges, or for the change of name, of any corporation (except a |
---|
1209 | 1209 | | 1200public service corporation) to be transmitted to State Secretary, etc., 9. |
---|
1210 | 1210 | | 1201 for the incorporation of a city or town, for the annexation, consolidation or division of |
---|
1211 | 1211 | | 1202municipalities, for the incorporation, revival, amendment of corporate powers or change of name |
---|
1212 | 1212 | | 1203of public service corporations, for authority to take water for water supply, or relative to building |
---|
1213 | 1213 | | 1204structures in or over navigable or tide waters, to be placed on file, unless, etc., 9. 59 of 62 |
---|
1214 | 1214 | | 1205 intent statements, 13. |
---|
1215 | 1215 | | 1206 that a county be authorized to retire or pension or grant an annuity, or to pay any accrued |
---|
1216 | 1216 | | 1207salary or claim for damages, or to alter any county or municipal retirement law, or to reinstate |
---|
1217 | 1217 | | 1208former employees, to be reported adversely, unless, etc., 7A. |
---|
1218 | 1218 | | 1209 to be admitted during special sessions, 26A. |
---|
1219 | 1219 | | 1210 to be deposited with Clerks and referred to committees, 13. |
---|
1220 | 1220 | | 1211Placed on file, 10A, 12. |
---|
1221 | 1221 | | 1212Preambles, emergency, vote on, 22. |
---|
1222 | 1222 | | 1213Procurement contracts , 36. |
---|
1223 | 1223 | | 1214PRESIDENT OF THE SENATE: |
---|
1224 | 1224 | | 1215 approval of facilities used by legislative reporters, 32. |
---|
1225 | 1225 | | 1216 to approve references to committees, 13. |
---|
1226 | 1226 | | 1217 to preside in joint session, 24. |
---|
1227 | 1227 | | 1218Printing, how ordered, provided, etc., 13, 21. |
---|
1228 | 1228 | | 1219Public service corporations, penalty for members soliciting position within control of, 31. |
---|
1229 | 1229 | | 1220Publishing of documents, how ordered, provided, etc., 21. |
---|
1230 | 1230 | | 1221Reading of papers, may be dispensed, 13. |
---|
1231 | 1231 | | 1222Recess committees, 3. 60 of 62 |
---|
1232 | 1232 | | 1223Recommitment of reports, bills and resolves, 5. |
---|
1233 | 1233 | | 1224Reporters, use of rooms and facilities assigned to, to be under control of State House Press |
---|
1234 | 1234 | | 1225Association, etc., 32. |
---|
1235 | 1235 | | 1226Reports made to Legislature not to be referred to the committees on Rules of the two branches, |
---|
1236 | 1236 | | 1227acting concurrently, under the rule, 12. |
---|
1237 | 1237 | | 1228 number to be published, 21. |
---|
1238 | 1238 | | 1229Reports of committees. See Committees. |
---|
1239 | 1239 | | 1230 form of, 10A. |
---|
1240 | 1240 | | 1231Recision of rules, vote required, 10, 12, 30, 33. |
---|
1241 | 1241 | | 1232Resolutions, certain, deposited with Clerks late, disposition, 12. |
---|
1242 | 1242 | | 1233Resolves: See Bills and Resolves. |
---|
1243 | 1243 | | 1234RULES, COMMITTEE ON: |
---|
1244 | 1244 | | 1235 authority to prescribe manner and form of keeping dockets of legislative counsel and |
---|
1245 | 1245 | | 1236agents, 14. |
---|
1246 | 1246 | | 1237 certain motions and orders to be referred to, 29, 30. |
---|
1247 | 1247 | | 1238 formal sessions, establish schedule, 1. |
---|
1248 | 1248 | | 1239 limit of time for reports, 10, 30. |
---|
1249 | 1249 | | 1240 may make regulations for distribution of documents, 21. 61 of 62 |
---|
1250 | 1250 | | 1241 may suggest measures to facilitate business, 1. |
---|
1251 | 1251 | | 1242 recommend rules changes, every four years, 35. |
---|
1252 | 1252 | | 1243 rooms and facilities assigned to reporters subject to approval of, 32. |
---|
1253 | 1253 | | 1244SECRETARY OF THE COMMONWEALTH: |
---|
1254 | 1254 | | 1245 legislation affecting corporations, 9. |
---|
1255 | 1255 | | 1246SERGEANT-AT-ARMS: |
---|
1256 | 1256 | | 1247 duties relative to travel of committees, 3. |
---|
1257 | 1257 | | 1248 to receive list of legislative reporters, 32. |
---|
1258 | 1258 | | 1249SPEAKER OF THE HOUSE OF REPRESENTATIVES: |
---|
1259 | 1259 | | 1250 approval of facilities used by legislative reporters, 32. |
---|
1260 | 1260 | | 1251 to approve references to committees, 13. |
---|
1261 | 1261 | | 1252Special commissions or task forces, transparency, etc., 29A. |
---|
1262 | 1262 | | 1253SPECIAL LEGISLATION: |
---|
1263 | 1263 | | 1254affecting individuals or corporations, must be based on petition, 8. |
---|
1264 | 1264 | | 1255 affecting particular cities and towns, 7B, 12. |
---|
1265 | 1265 | | 1256 not to be granted if object is attainable under general or existing laws, 7. |
---|
1266 | 1266 | | 1257SPECIAL SESSIONS: 62 of 62 |
---|
1267 | 1267 | | 1258 matters to be considered at, 12. |
---|
1268 | 1268 | | 1259 method of assembling, 26A. |
---|
1269 | 1269 | | 1260Standing committees, appointment and number, 1. |
---|
1270 | 1270 | | 1261State House Press Association, legislative reporters, 32. |
---|
1271 | 1271 | | 1262Stenographers, motions or orders authorizing committees to employ, to be referred to committees |
---|
1272 | 1272 | | 1263on Rules, 29. |
---|
1273 | 1273 | | 1264Suspension of rules, vote required, 10, 12, 30, 33. |
---|
1274 | 1274 | | 1265Task forces and commissions, transparency, etc., 29A. |
---|
1275 | 1275 | | 1266Towns, petitions affecting, 7B, 12. |
---|
1276 | 1276 | | 1267Travel and traveling expenses of committees, 3, 29. |
---|
1277 | 1277 | | 1268Ways and Means, committee on, matters referred to either may be |
---|