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