Massachusetts 2025-2026 Regular Session

Massachusetts House Bill H3892 Compare Versions

Only one version of the bill is available at this time.

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2	2	HOUSE DOCKET, NO. 1802 FILED ON: 1/15/2025
3	3	HOUSE . . . . . . . . . . . . . . . No. 3892
4	4	The Commonwealth of Massachusetts
5	5	_________________
6	6	PRESENTED BY:
7	7	Tricia Farley-Bouvier, (BY REQUEST)
8	8	_________________
9	9	To the Honorable Senate and House of Representatives of the Commonwealth of Massachusetts in General
10	10	Court assembled:
11	11	The undersigned legislators and/or citizens respectfully petition for the adoption of the accompanying bill:
12	12	An Act establishing offices of legislative research and fiscal analysis.
13	13	_______________
14	14	PETITION OF:
15	15	NAME:DISTRICT/ADDRESS :DATE ADDED:Jeanne M. Kempthorne1/15/2025Virginia O'Leary1/15/2025Louise Farkas1/15/2025Frank Farkas1/15/2025Jonathan Hecht1/15/2025Peter Enrich1/15/2025Mary Z. Connaughton1/15/2025Jay Kaufman1/15/2025Scotia Hille1/15/2025Jennifer Nassour1/15/2025Jeanne Krieger1/15/2025Mary Ann Stewart1/15/2025John Lippitt1/15/2025Cathleen Cavell1/15/2025Douglas Cannon1/15/2025Julie Breskin1/15/2025Jeff Gross1/15/2025Elizabeth Bradt1/15/2025 2 of 2
16	16	Alix Smullin1/15/2025Lisa A. Baci1/15/2025 1 of 6
17	17	HOUSE DOCKET, NO. 1802 FILED ON: 1/15/2025
18	18	HOUSE . . . . . . . . . . . . . . . No. 3892
19	19	By Representative Farley-Bouvier of Pittsfield (by request), a petition (accompanied by bill,
20	20	House, No. 3892) of Jeanne M. Kempthorne and others for legislation to establish the offices of
21	21	legislative research and fiscal analysis. Rules of the two branches, acting concurrently.
22	22	The Commonwealth of Massachusetts
23	23	_______________
24	24	In the One Hundred and Ninety-Fourth General Court
25	25	(2025-2026)
26	26	_______________
27	27	An Act establishing offices of legislative research and fiscal analysis.
28	28	Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority
29	29	of the same, as follows:
30	30	1 Section 1. It is hereby declared that the volume and complexity of legislative matters
31	31	2before the the general court requires a high degree of subject-matter proficiency in a large
32	32	3number of areas on the part of members of the general court; that painstaking, exhaustive, and
33	33	4accurate fact-finding and fiscal, economic, budgetary, and policy analysis are a necessity for the
34	34	5proper discharge of legislative duties in a legislative body encompassing the scope of the general
35	35	6court of Massachusetts; that professional factual and policy research and fiscal analysis are
36	36	7recognized as valuable and indispensable tools in the efficient performance of the legislative
37	37	8function; and that it is the intention of this act to establish offices of legislative research and
38	38	9fiscal analysis staffed by nonpartisan, highly qualified professionals who shall perform their
39	39	10duties impartially and in conformity with the highest standards of research practice for the
40	40	11assistance and benefit of the members, committees, and commissions of the general court. 2 of 6
41	41	12 Section 2. Chapter 3 of the General Laws is hereby amended by adding the following
42	42	13sections.
43	43	14 Section 56. There are hereby established within the general court an office of legislative
44	44	15research and an office of fiscal analysis.
45	45	16 (a) The office of legislative research shall assist members of the general court and
46	46	17committees thereof in all matters requiring policy analysis, comparative legal analysis, statistical
47	47	18research, and fact-finding in connection with proposed or potential legislation or other matters
48	48	19pertaining to the functions of the general court; assist with bill-drafting upon request by any
49	49	20member; review bills and amendments in third reading for consistency with existing provisions
50	50	21of the general laws;
51	51	22 prepare a detailed, section-by-section summary for each bill that reaches third reading;
52	52	23maintain legislative history of all bills that reach third reading; and continuously review the
53	53	24general laws for errors, inconsistencies, and other matters requiring technical revision and, from
54	54	25time to time, submit to the counsel to the senate and to the counsel to the house of
55	55	26representatives, jointly, recommendations, including drafts of legislation for the correction,
56	56	27revision, amendment, rearrangement, consolidation, compilation and recodification of the
57	57	28General Laws, or any of them, and amendments thereof, including recommendations for the
58	58	29repeal of such statutory provisions as have become obsolete or the reasons for the enactment of
59	59	30which have ceased to exist. In submitting recommendations under this section the office may
60	60	31recommend the omission or repeal of redundant enactments and those which may have ceased to
61	61	32have any effect on existing rights, the rejection or elimination of superfluous words, the
62	62	33condensation of circuitous, tautological and ambiguous phraseology and the correction of 3 of 6
63	63	34mistakes, inconsistencies and imperfections. Recommendations for changes of provisions of the
64	64	35General Laws and amendments thereof, as provided for in this section, shall be consistent with
65	65	36the will and intent of the general court as expressed in such provisions at the time of such
66	66	37recommendations.
67	67	38 (b) The office of fiscal analysis shall prepare tax revenue and expenditure forecasts and
68	68	39reviews; analyze the fiscal impact of proposed legislation, upon request of any member of the
69	69	40general court; prepare a fiscal note for each bill that reaches third reading; and perform
70	70	41budgetary, economic, and statistical analyses as requested by the committees on ways and
71	71	42means.
72	72	43 (c) The offices shall make their reports and findings public in electronic form, except to
73	73	44the extent an exemption as provided in General Laws chapter 4, section 7(26) applies to any
74	74	45portion of such reports and findings. Notwithstanding the foregoing, communications between
75	75	46the offices and any member, member’s staff, or committee, including requests made and research
76	76	47materials provided, are confidential and may not be disclosed to any other member, staff, or the
77	77	48public.
78	78	49 (d) The offices of legislative research and fiscal analysis shall be provided with quarters
79	79	50in the state house or elsewhere at a location convenient to the general court.
80	80	51 Section 57. (a) Each office shall be administered by a director. The director of each office
81	81	52shall be appointed without regard to political affiliation by a majority vote of the following: the
82	82	53speaker, the senate president, and the leader of the minority party in each chamber. The directors
83	83	54shall be qualified by training, education, and experience to manage, respectively, a research and
84	84	55fiscal analysis organization. No current or former member of the general court shall serve as 4 of 6
85	85	56director of either office. The director of each office shall take an oath to faithfully and
86	86	57impartially execute the duties of the office.
87	87	58 (b) Directors shall be appointed for a renewable term of five years from the date of
88	88	59appointment, and shall devote full time and attention to the duties of the office. Directors shall
89	89	60not be terminated within such term except for cause as found by the rules committees of both
90	90	61chambers, acting concurrently, and by resolution of both chambers of the general court.
91	91	62 (c) The salary of the directors shall be set by the rules committees of both chambers,
92	92	63acting jointly.
93	93	64 (d) The director of each office shall serve in a nonpartisan capacity and ensure that the
94	94	65activities of the office are conducted in a nonpartisan manner. The director during the term of
95	95	66service shall not: (i) hold, or be a candidate for, federal, state or local elected office; (ii) hold an
96	96	67appointed office in a federal, state, or local government; or (iii) serve as an official in a political
97	97	68party.
98	98	69 (e) In the case of an absence or vacancy in the office of the director or in the case of
99	99	70disability, the rules committees, acting jointly, may designate an acting director to serve as
100	100	71director until the vacancy is filled or the absence or disability ceases. The acting director shall
101	101	72have all of the powers and duties of the director and shall have similar qualifications as the
102	102	73director.
103	103	74 Section 58. (a) The director of each office shall be responsible for the operations of said
104	104	75office, including the hiring of professional and research staff, administrative assistants, and other
105	105	76qualified personnel as may be required to discharge the duties of said office, and may expend
106	106	77with the approval of said committees such sums as may be necessary for such operations. All 5 of 6
107	107	78personnel of the offices, including the directors thereof, shall be appointed without regard to
108	108	79political affiliation and solely on the basis of their professional qualifications and fitness to
109	109	80perform their duties, and shall take an oath to faithfully and impartially execute the duties of the
110	110	81office. The director of each office may prescribe the duties and responsibilities of the personnel
111	111	82thereof and delegate to them authority to exercise any of the powers and perform any of the
112	112	83duties and functions assigned to the office or the director.
113	113	84 (b) Compensation for the personnel of each office shall be set by the director of said
114	114	85office commensurate with qualifications, experience, and responsibilities. The directors and
115	115	86other personnel of the offices shall not be deemed to be executive or administrative officers
116	116	87within the meaning of the constitution, but shall serve directly under the general court. They and
117	117	88their assistants shall not be subject to chapter thirty-one.
118	118	89 Section 59. Any member or committee may request assistance with policy research,
119	119	90analysis, and bill drafting. Priority of requests shall be established by each director, taking into
120	120	91consideration available resources within and outside the office, the urgency of the request, and an
121	121	92assessment of the necessity for and likely impact of the requested research or analysis.
122	122	93 Section 60. (a) The director of each office is authorized to secure information, data,
123	123	94estimates, and statistics directly from the various departments, divisions, agencies, and political
124	124	95subdivisions of the commonwealth, including the units, officers, and agencies of the executive
125	125	96branch and administrative offices of the courts of the commonwealth, as are material to the
126	126	97proper conduct of its duties. All such departments, divisions, agencies, commissions, and
127	127	98political subdivisions shall furnish all available data and information that each director 6 of 6
128	128	99determines to be material to the performance of the duties and functions of its respective office
129	129	100other than information the disclosure of which would be a violation of law.
130	130	101 (b) The offices shall report annually, within 90 days of the close of the fiscal year, on
131	131	102their operations and on reports issued and bills prepared during the preceding fiscal year.
132	132	103 Section 3. Chapter 3, section 55A is hereby repealed.
133	133	104 Section 4. Chapter 3, section 53 is hereby amended by replacing the words
134	134	105“recodification counsel under the provisions of section fifty-five A.” with the words “the director
135	135	106of the office of legislative research under the provisions of subsection (a)(vi) section fifty-six.”