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USA Statutes : massachusetts
Title : PART I. ADMINISTRATION OF THE GOVERNMENT
Chapter : TITLE I. JURISDICTION AND EMBLEMS OF THE COMMONWEALTH, THE GENERAL COURT,
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Chapter 3: Section 1. Records of votes cast for representatives; certificates of examination; duties of state secretary Section 1. The state secretary shall receive the copies of records of votes cast for representatives to the general court and shall lay such copies of records before the governor and council. On or before the Tuesday next preceding the first Wednesday of January following a state election he shall deliver to the sergeant-at-arms a certified copy of the list of the persons who appear to be elected as representatives to the general court as shown on the certificate of examination of the copies of the records of votes cast as tabulated by the governor and council and transmitted to him, and upon receiving any further such certificate of examination before the house of representatives is called to order he shall immediately transmit a certified copy of such certificate to the sergeant-at-arms. The state secretary shall also transmit to the house of representatives as soon as the members are called to order a certified copy of each certificate of examination of the copies of records of votes cast as tabulated by the governor and council and transmitted to him.
Chapter 3: Section 10. Compensation of members chosen to fill vacancies or who resign Section 10. Each member of the general court chosen to fill a vacancy, or who resigns his seat during a regular annual session, shall be entitled to a per diem compensation for the time of his membership at the rate provided in section nine, and the allowances for travel and other expenses for the time of his membership as provided in section nine B.
Chapter 3: Section 10A. Reimbursement for special elections to fill general court vacancies Section 10A. In special elections, called for the purposes of filling a vacancy in the general court, state funds for compensation of members pursuant to section nine of chapter three of the General Laws not expended during such period of vacancy shall not revert to the General Fund or any legislative accounts but shall be set aside in a special fund in the office of the state treasurer and made payable to the city or town in which such election was held. The city or town clerk shall certify to the state treasurer the total actual costs of holding such special election, and such city or town shall be reimbursed up to one hundred percent of the net costs thereof from said fund without further appropriation; provided, however, that the state treasurer shall not authorize any expenditure which would cause said fund to be in deficit. “Net costs” for purposes of this section shall mean the total actual costs as certified by the city or town clerks less any other reimbursements available to such city or town.
Chapter 3: Section 11. Repealed, 1937, 236, Sec. 2 Chapter 3: Section 12. Clerks, salary and tenure Section 12. The clerk of the senate and the clerk of the house of representatives shall each receive such salary as may be established by the committee on rules of the senate or the committee on rules of the house of representatives, as the case may be, and each shall hold office until his successor is qualified. Salaries established under this section shall be for the period of two years commencing January first of the year in which established.
Chapter 3: Section 12A. Facsimile signatures of clerks Section 12A. Facsimiles of the signatures of the clerk of the senate and the clerk of the house of representatives on endorsements of bills, reports of committees and other legislative documents shall have the same validity and effect as their written signatures.
Chapter 3: Section 13. Assistant clerks and clerical assistance; appointment, salary and tenure Section 13. The clerks of the senate and house of representatives, subject to the approval of the senate and house, respectively, may each appoint an assistant clerk and a second assistant clerk, who shall receive such salaries as may be established by the committee on rules of the senate or the committee on rules of the house, as the case may be. The assistant clerk shall, in the absence of the clerk, perform the duties of the clerk unless a temporary clerk is chosen. The second assistant clerk shall, in the absence of the clerk and the assistant clerk, perform the duties of clerk, unless a temporary clerk is chosen. Salaries established for said assistant clerks and second assistant clerks under this section shall be for the period of two years commencing January first of the year in which established. Each clerk may remove the assistant clerk and the second assistant clerk appointed by him. Each clerk may also employ such clerical assistance as may be necessary, and may expend therefor such amounts as are appropriated.
Chapter 3: Section 14. Chaplain; salary Section 14. The chaplain of the senate and the chaplain of the house of representatives shall each receive such salary as may be established by the committee on rules of the senate or the committee on rules of the house of representatives, as the case may be.
Chapter 3: Section 15. Sergeant-at-arms; appointment, tenure, salary Section 15. The general court shall choose a sergeant-at-arms who shall hold office until removed or until another is chosen. He may be removed by the general court or, during its recess, may be suspended by the governor and council. If a vacancy or suspension occurs during such recess, the governor and council may appoint a person to perform the duties of the office until a new election. He shall receive such salary as may be established by the committees on rules of the two branches of the general court acting concurrently.
The house of representatives may choose a sergeant-at-arms of the house of representatives who shall perform such duties as may be prescribed by the committee on rules of the house, and in case of the disability or necessary absence of the sergeant-at-arms of the general court he shall perform the duties of said sergeant-at-arms during such disability or absence. He shall receive such salary as may be established by the committee on rules of the house.
Chapter 3: Section 16. Assistant sergeant-at-arms; appointment, duties, compensation and removal Section 16. In case of the disability or necessary absence of the sergeant-at-arms and of the sergeant-at-arms of the house of representatives, the sergeant-at-arms may appoint, with the approval of the presiding officers of the two branches of the general court or, during its recess, of the governor, an assistant sergeant-at-arms to perform the duties of the sergeant-at-arms during such disability or absence. His compensation shall be paid by the sergeant-at-arms, who shall be responsible for his fidelity and good conduct in office; but for misconduct or other sufficient cause he may be removed by the general court or, during its recess, by the governor and council.
Chapter 3: Section 17. Sergeant-at-arms and other legislative officers and employees; duties and police powers Section 17. The sergeant-at-arms shall serve such processes and execute such orders as may be enjoined upon him by the general court or by either branch thereof, attend the members or clerks of either branch when they are charged with a message from one branch to the other or to the governor and council, maintain order among the spectators admitted into the chambers in which the respective branches hold their sessions, prevent the interruption of either branch or of the committees thereof, and shall have the control of, and superintendence over, his subordinate officers, taking care that they promptly perform their duties. In respect to any criminal offense committed in any part of the state house assigned to or used by either branch of the general court or any committee or officer thereof, or to any such offense committed against any member of the general court, including any member of a special commission composed in part of members of the general court, while acting within the commonwealth in his official capacity as such member, whether such offense is committed within the state house elsewhere than as aforesaid, or upon premises outside the state house while officially used by a committee of the general court or by such a special commission, the sergeant-at-arms, the chief general court officers and assistant chief general court officers of either branch thereof, and its general court officers shall have and exercise all the powers of police officers, and in respect to the service within the commonwealth of such processes and orders as may be enjoined upon them by the general court or either branch or by any committee of the general court or either branch, they shall have the powers of constables.
Chapter 3: Section 18. Other legislative employees; compensation Section 18. There shall be two chief general court officers for each branch, each with the title of assistant sergeant-at-arms, and such assistant chief general court officers, general court officers and pages as shall be established by the committees on rules of the two branches of the general court acting concurrently. Such employees shall receive such compensation as may be established by the said committees acting concurrently. There shall be a maintenance superintendent for each branch and such assistants as may be necessary, for whose fitness and good conduct the sergeant-at-arms shall be responsible, and such employees shall receive such compensation as may be established by the said committees acting concurrently.
Chapter 3: Section 18A. Legislative document room; director; assistants; compensation Section 18A. There shall be a legislative document room serving both branches, which shall have a director and such other assistants as therein may be necessary for said room, and such employees shall receive such compensation as may be established by the committees on rules of the two branches of the general court acting concurrently.
Chapter 3: Section 19. Authorized number of certain legislative employees Section 19. The number of chief general court officers, assistant chief general court officers, general court officers and pages of the senate and of the house shall not exceed ninety-two in all.
Chapter 3: Section 2. Admission of persons listed to take seats as representatives Section 2. The persons named on the lists delivered to the sergeant-at-arms shall be admitted to take seats as members in the representatives’ chamber on said first Wednesday of January or thereafter during the terms for which they are elected.
Chapter 3: Section 20. Repealed, 1952, Ex.
Sess.
, 635, Sec. 2 Chapter 3: Section 20A. Uniforms for sergeant-at-arms and other employees Section 20A. Subject to such annual appropriation as may be made for the purpose, the sergeant-at-arms may purchase at the expense of the commonwealth such uniforms for himself, the doorkeepers, assistant doorkeepers, general court officers and pages as he may determine.
Chapter 3: Section 21. Appointment of employees by sergeant-at-arms; removal Section 21. The sergeant-at-arms shall, immediately after his election, with the approval of the presiding officers of the two branches of the general court, appoint such employees as are necessary to fill any existing vacancies in the employees provided for by section eighteen; and no employee provided for by said section, excepting pages, shall be removed except with the consent of the presiding officer of the branch to which he is assigned or of both branches if he is assigned to both. The sergeant-at-arms may appoint and remove such additional clerical and other assistants as the duties of his office may require, and, subject to the approval of the committees on rules of the two branches acting concurrently, may fix their compensation.
Chapter 3: Section 22. Journals and papers; custody; copies as evidence Section 22. The journals, files and papers of the senate and of the house of representatives shall be in the custody of their respective clerks during the existence of the general court to which they relate, and thereafter in the custody of the state secretary. The clerk of each branch shall at all times have access to the same. Copies of such journals, files and papers, certified by the clerk of the branch to which they originally appertained or by the state secretary, shall be evidence in like manner as the originals.
Chapter 3: Section 23. Bills and resolves; form of engrossment; printing and publication; copies; distribution Section 23. Bills and resolves passed to be engrossed by the general court, and bills for which initiative petitions are completed under the constitution of the commonwealth, shall, under the direction of the committees on rules of the two branches, acting concurrently, be fairly engrossed in such manner and by utilizing such equipment as said committees shall determine. The enacting clause of bills for which initiative petitions are completed shall be in the form prescribed by section three of chapter four. The state secretary shall cause the acts and resolves of each session to be neatly and strongly bound in separate volumes of convenient size and lettered on the back with a designation of the contents and the legislative year. If acts or resolves are becoming illegible, he shall cause copies thereof, similar to the originals, to be prepared and shall attest them. Such attested copies shall have the same force and effect as the originals.
If the clerk of the senate, with the approval of the president thereof, and the speaker of the house, determines that the business of the general court will be expedited thereby, the legislative engrossing division shall prepare for final passage by the general court an exact copy of any bill specified by said clerk, as passed to be engrossed by both branches, so far as possible by pasting a printed copy of said bill, as so passed, on the kind and size of paper designated by the said committees on rules and the copy so prepared shall be deemed to have been fairly engrossed as hereinbefore required.
Notwithstanding the provisions of sections two, three and four of chapter five, if the state secretary deems that the public convenience would be served thereby, he shall not cause said bill, as enacted into law, to be printed and published, as provided in said sections, but shall print in the publications provided for by said sections, under the chapter number of said bill as enacted, its title, the date when it becomes law and an appropriate reference indicating that the bill has been prepared for final passage as hereinbefore provided; and he shall cause five hundred copies of said bill, as enacted, to be printed and published separately in such form as he may determine. He shall distribute the same in such manner as he may determine. Copies of said act so separately printed and published shall have the same force and effect as though printed and published in accordance with said sections.
Chapter 3: Section 24. Proposed constitutional amendments; engrossment, deposit Section 24. All proposed amendments to the constitution which have been agreed to in joint session of the two houses of the general court in the manner prescribed by the constitution shall be engrossed on parchment or parchment paper, certified by the clerk of such joint session, and deposited in the office of the state secretary.
Chapter 3: Section 25. Repealed, 1929, 41 Chapter 3: Section 26. Ordering of books or publications for members Section 26. No periodicals, publications or books, other than those printed for the use of the general court, shall be ordered for members thereof at the expense of the commonwealth.
Chapter 3: Section 27. Oaths administered by committee members Section 27. Senators and representatives, acting as members of a committee of the general court, may administer oaths to persons examined before such committee.
Chapter 3: Section 28. Self-incriminating testimony or evidence before general court or committee; prosecution Section 28. A person shall not be excused from attending and testifying before either branch of the general court or before a committee thereof upon a subject referred to such committee on the ground that his testimony or evidence, documentary or otherwise, may tend to criminate him or subject him to a penalty or forfeiture; but he shall not be prosecuted or subjected to a penalty or forfeiture for or on account of any action, matter or thing concerning which he may be required to so testify or produce evidence, except for perjury committed in such testimony.
Chapter 3: Section 28A. Refusal of summoned witness to appear or testify; penalty Section 28A. Any person who, having been summoned as a witness to give testimony or produce papers, by the authority of either branch of the general court, or both jointly, or under any provision of law, upon any matter under inquiry before either branch, or before any committee of either branch, or before any joint or special committee or special commission consisting in whole or in part of members of the general court, wilfully makes default or who, having appeared, refuses without constitutional right, to answer under oath or affirmation any question pertinent to the question under inquiry shall be deemed guilty of a misdemeanor punishable by a fine of not less than one hundred dollars nor more than one thousand dollars, or imprisonment for not less than thirty days nor more than one year, or both. If such refusal is before the general court or either branch thereof, no prosecution shall be started until an order therefor setting forth the facts constituting such failure or refusal is adopted and certified to the attorney general or to the appropriate district attorney. If such refusal is before a committee or commission, no prosecution shall be started until such committee or commission makes a report thereof to the general court or either branch and an order therefor setting forth the facts constituting such failure or refusal is adopted and certified to the attorney general or to the appropriate district attorney. When such order is adopted by the general court, such certification shall be made by the clerk of the senate and when adopted by either branch thereof such certification shall be made by the clerk of such branch. Upon receipt of such certification the attorney general or the said district attorney shall present the matter to the grand jury for its action. The provisions of this section shall be in addition to any constitutional power of the general court or either branch thereof to punish for contempt.
Chapter 3: Section 29. Stenographic reports of hearings Section 29. Stenographic reports of hearings before legislative committees or special commissions made at the expense of the commonwealth shall, at the conclusion of the work of such committees or commissions, be deposited in the state library.
Chapter 3: Section 3. Calling house to order; presiding officer Section 3. On said first Wednesday of January, between the hours of ten in the forenoon and twelve at noon, the persons so returned and admitted as members into the representatives’ chamber shall be called to order by the oldest senior member present, who shall be the presiding officer of the house until a speaker is chosen or the house otherwise determines.
Chapter 3: Section 30. Expenses incurred under general court order; approval Section 30. Accounts for expenditures made or services rendered under an order of the general court or of either branch thereof, other than by legislative committees, may be approved by the president or speaker, by the sergeant-at-arms, or by any other person to whose direction or supervision such expenditures or services have been specially intrusted.
Chapter 3: Section 31. Committee expenses; authorization by general court Section 31. Except as otherwise provided in this chapter, no joint committee of the general court shall, unless authorized by order or rule of both branches, incur any expense to be paid by the commonwealth; and no committee of either branch shall, unless authorized by order or rule of the branch to which it belongs, incur such expense.
Chapter 3: Section 32. Expenses of committees acting during recess Section 32. No committee of the general court shall, after the close of the regular session, incur any expense to be paid by the commonwealth unless there is an authorized appropriation therefor.
Chapter 3: Section 32A. Committees, sub-committees and special commissions; travel; expenses Section 32A. No special commission, no special or standing committee of the general court or of either branch thereof, and no sub-committee of any such commission or committee shall travel either within or without the commonwealth except by a vote of a majority of the total membership of such commission or committee, nor until the written approval of the presiding officers of both branches of the general court or of the presiding officer of the appropriate branch has been received. Such written approval shall specify the purpose of the trip, the places to be visited, the time within which such travel is to be completed, the maximum amount of money which may be expended and the names of all members or other persons authorized to travel. The comptroller shall not advance any money or reimburse any person for such travel unless such approval has been filed with him before such travel commences.
Whenever any such commission, committee or sub-committee travels, the sergeant-at-arms shall make all necessary provisions for its transportation and hotel accommodations, and shall advance to each individual member thereof and to each general court officer, secretary, consultant or technical assistant thereof so traveling, a sum sufficient to cover such estimated expense as they may incur other than for such transportation and hotel accommodations.
Each member of such a commission, committee or sub-committee and every other person duly authorized to travel with said committee shall forthwith, upon his return, file with the sergeant-at-arms a certificate containing an itemized account of all expenditures so incurred by him approved by the signatures of the chairman of such commission or committee and of the presiding officers or officer as the case may be. Such accounts shall thereupon be transmitted forthwith to the comptroller.
If within ten days after the completion date given in the written request for travel, the comptroller receives no account of the expenditures incurred while so traveling, he shall forthwith notify in writing the presiding officer or officers whose signature or signatures are affixed to the written approval. It shall be the responsibility of the presiding officers or officer to see to it that the required accounting is filed with the comptroller forthwith.
At the close of each fiscal year, the comptroller shall include in his annual report a separate schedule listing each cash advance made to a recess commission or legislative committee during the year, together with a summary showing for each trip the places visited, the time spent in traveling and at each place visited, the names of those who traveled, and the amount spent for transportation, hotels, meals and sundry expenses.
Expenses of members of special commissions, special or standing committees of the general court or of either branch thereof whether or not sitting in recess, sub-committees thereof, and of every other person duly authorized to travel with such commissions, committees, or sub-committees, while traveling shall not exceed, for meals, not to exceed three meals a day, the following amounts per person, including tips: Breakfast, two dollars, lunch (midday meal), three dollars, supper (evening meal), five dollars. The maximums for lunch and supper may be reversed when both of said meals are taken on the same day. Where the charge for hotel accommodations includes meals, or where the price of air or steamship passage includes meals, such meals shall not be reimbursable.
Chapter 3: Section 33. Committee hearings; advertisement and notice Section 33. No hearing before a committee of the general court, or of either branch thereof, shall be advertised at the expense of the commonwealth in more than two newspapers published in any county, nor more than twice in any newspaper; and no hearing on a matter of special legislation affecting the interest of only a portion of the commonwealth shall be advertised in any newspapers except in those published daily in the county of Suffolk and in the localities directly interested therein, if there are any so published, otherwise in those published weekly. No hearing shall be advertised where the parties in interest can readily be reached by notices sent by mail.
Chapter 3: Section 34. Committee hearings; form of advertisement Section 34. In all newspapers designated to advertise such hearings, the advertisements shall be uniformly printed in type not larger than nonpareil, set solid, and without display either in the headings or in the body of the advertisements.
Chapter 3: Section 35. Advertisement of committee hearings; designation of newspaper; expenses Section 35. Advertisements of hearings shall be published only in newspapers designated by the chairman of the committee on the part of the senate or of the house of representatives and the clerk of the committee, subject to the approval of the committees on rules sitting jointly or acting concurrently, and in each case the order for the advertisement shall be signed by the chairman and clerk of the respective committees, who shall designate therein the newspapers in which such advertisement is to be published, designating daily papers whenever such are available, and shall file the same with the comptroller, who shall thereupon forward a copy to the newspapers so designated for publication and shall give the necessary directions to secure uniformity in the style and manner of publication, as provided in the preceding section. The comptroller shall certify all bills for publishing such advertisements, and shall annually, during the first week in April, report in detail to the general court the expenses incurred by the several committees under this section.
Chapter 3: Section 36. Postage for committees; stationery for senate and house Section 36. Postage for committees of the general court shall be provided by the sergeant-at-arms, who shall be reimbursed therefor. The printing, binding and procuring of stationery for the use of the senate and house of representatives shall be under the direction of the clerk of each branch, respectively, and shall be approved by him.
Chapter 3: Section 37. Payment of committee expenses Section 37. Except as provided in the two preceding sections, no money shall be paid from the treasury for expenses incurred by committees of the general court unless, at the beginning of each month and at other convenient and necessary times during the session, the clerk of the committee prepares a schedule, on forms furnished by the comptroller, of the expenses incurred for which bills have been rendered, which shall be approved in writing by a majority of the members of the committee and transmitted to the comptroller. If a bill for an authorized expense incurred during a regular or special session of the general court is not rendered during such session so that it can be approved as aforesaid, the written approval of a majority of the members of the committee shall be sufficient to authorize the comptroller to certify it.
Chapter 3: Section 38. Witness fees; payment Section 38. Money appropriated for fees of witnesses before the general court may be paid to the sergeant-at-arms, who shall pay therefrom the legal fees due to witnesses summoned before committees authorized to send for persons and papers, upon the certificate of the chairman or other member authorized by the committee to certify such accounts, as soon as may be after said witnesses have been discharged, and in like manner shall pay the expense of taking depositions authorized by such committees, and shall, within ten days after prorogation, return to the comptroller an account of such payments, and repay to the state treasurer the unexpended balance of such money. If witnesses are summoned in any session before an appropriation for their payment has been made, the governor may draw his warrant for an amount not exceeding the appropriation made in the preceding fiscal year, and in no case exceeding three hundred dollars.
Chapter 3: Section 38A. Bills reported favorably by joint or ways and means committees; fiscal notes; cost limitation Section 38A. Joint committees of the general court and the committees on ways and means of either branch thereof when reporting favorably on bills referred to them shall include therewith a fiscal note prepared in accordance with the provisions of section three A of chapter twenty-nine showing the estimated cost or fiscal effect of the proposed legislation, if such cost of said legislation exceeds one hundred thousand dollars. Such fiscal notes shall be printed in the daily calendars of each branch whenever said bills appear thereon.
Chapter 3: Section 38B. Requests and recommendations for appropriations and capital outlay programs or projects; public hearings; notice Section 38B. The committee on ways and means of each branch of the general court, or the joint committee on ways and means, shall conduct public hearings on all requests and recommendations for appropriations for the executive, judicial and legislative branches of the state government and on all requests and recommendations for capital outlay programs and projects which the governor submits to the general court; provided, however, that in the case of requests and recommendations for appropriations submitted pursuant to section two of Article LXIII of the Amendments to the Constitution and in the case of requests and recommendations for capital outlay programs and projects said committee shall give five days public notice prior to holding such public hearings.
Chapter 3: Section 38C. Health insurance coverage; mandated health benefit bills; review and evaluation; report Section 38C. (a) For the purposes of this section, a mandated health benefit proposal is one that mandates health insurance coverage for specific health services, specific diseases or certain providers of health care services as part of a policy or policies of group life and accidental death and dismemberment insurance covering persons in the service of the commonwealth, and group general or blanket insurance providing hospital, surgical, medical, dental, and other health insurance benefits covering persons in the service of the commonwealth, and their dependents organized under chapter 32A, individual or group health insurance policies offered by an insurer licensed or otherwise authorized to transact accident or health insurance organized under chapter 175, a nonprofit hospital service corporation organized under chapter 176A, a nonprofit medical service corporation organized under chapter 176B, a health maintenance organization organized under chapter 176G, or an organization entering into a preferred provider arrangement under chapter 176I, any health plan issued, renewed, or delivered within or without the commonwealth to a natural person who is a resident of the commonwealth, including a certificate issued to an eligible natural person which evidences coverage under a policy or contract issued to a trust or association for said natural person and his dependent, including said person’s spouse organized under chapter 176M.
(b) Joint committees of the general court and the house and senate committees on ways and means when reporting favorably on mandated health benefits bills referred to them shall include a review and evaluation conducted by the division of health care finance and policy pursuant to this section.
(c) Upon request of a joint standing committee of the general court having jurisdiction or the committee on ways and means of either branch, the division of health care finance and policy shall conduct a review and evaluation of the mandated health benefit proposal, in consultation with other relevant state agencies, and shall report to the committee within 90 days of the request. If the division of health care finance and policy fails to report to the appropriate committee within 45 days, said committee may report favorably on the mandated health benefit bill without including a review and evaluation from the division.
(d) The party or organization on whose behalf the bill was filed shall provide the division of health care finance and policy with any cost or utilization data that they have. All interested parties supporting or opposing the bill shall provide the division of health care finance and policy with any information relevant to the division’s review. The division shall enter into interagency agreements as necessary with the division of medical assistance, the group insurance commission, the department of public health, the division of insurance, and other state agencies holding utilization and cost data relevant to the division’s review under this section. Such interagency agreements shall ensure that the data shared under the agreements is used solely in connection with the division’s review under this section, and that the confidentiality of any personal data is protected. The division of health care finance and policy may also request data from insurers licensed or otherwise authorized to transact accident or health insurance under chapter 175, nonprofit hospital service corporations organized under chapter 176A, nonprofit medical service corporations organized under chapter 176B, health maintenance organizations organized under chapter 176G, and their industry organizations to complete its analyses. The division of health care finance and policy may contract with an actuary, or economist as necessary to complete its analysis. The report shall include, at a minimum and to the extent that information is available, the following:(1) the financial impact of mandating the benefit, including the extent to which the proposed insurance coverage would increase or decrease the cost of the treatment or service over the next 5 years, the extent to which the proposed coverage might increase the appropriate or inappropriate use of the treatment or service over the next 5 years, the extent to which the mandated treatment or service might serve as an alternative for more expensive or less expensive treatment or service, the extent to which the insurance coverage may affect the number and types of providers of the mandated treatment or service over the next 5 years, the effects of mandating the benefit on the cost of health care, particularly the premium, administrative expenses and indirect costs of large employers, small employers, employees and nongroup purchasers, the potential benefits and savings to large employers, small employers, employees and nongroup purchasers, the effect of the proposed mandate on cost shifting between private and public payors of health care coverage, the cost to health care consumers of not mandating the benefit in terms of out of pocket costs for treatment or delayed treatment and the effect on the overall cost of the health care delivery system in the commonwealth;(2) the medical efficacy of mandating the benefit, including the impact of the benefit to the quality of patient care and the health status of the population and the results of any research demonstrating the medical efficacy of the treatment or service compared to alternative treatments or services or not providing the treatment or service; and(3) if the legislation seeks to mandate coverage of an additional class of practitioners, the results of any professionally acceptable research demonstrating the medical results achieved by the additional class of practitioners relative to those already covered and the methods of the appropriate professional organization that assures clinical proficiency.
Chapter 3: Section 39. Definitions Section 39. As used in sections thirty-nine to fifty, inclusive, the following words shall, unless the context clearly indicates otherwise, have the following meanings:—“Act to communicate directly with a covered executive official to influence a decision concerning policy or procurement”, shall include any direct communication by a person to such official by telephone, mail, commercial messenger, facsimile transmission, electronic mail, other direct means or in person, but shall not be deemed to include the following activities:(a) a request for a meeting, a request for the status of an action or any similar administrative request, if the request does not include an attempt to influence a covered executive official;(b) an act made in the course of participation in an advisory committee or task force;(c) providing information in writing in response to a written request for specific information by an officer or employee of the executive branch or an authority, including, but not limited to, statewide constitutional officers and employees thereof;(d) an act required by subpoena, civil investigative demand, or otherwise compelled by statute, regulation or other action of the executive branch or an authority, including, but not limited to, statewide constitutional offices;(e) a communication made to an officer or employee of the executive branch or an authority, including, but not limited to, statewide constitutional officers and employees thereof, with regard to: (1) a judicial proceeding or a criminal or civil law enforcement inquiry, investigation or proceeding; or (2) a filing or proceeding that the executive branch or an authority, including, but not limited to, statewide constitutional offices, is specifically required by statute or regulation to maintain or conduct on a confidential basis; if such executive branch or authority, including, but not limited to, statewide constitutional offices, is charged with responsibility for such proceeding, inquiry, investigation or filing;(f) an act made in compliance with written agency procedures regarding an adjudicatory proceeding, as defined in section one of chapter thirty A, conducted by the agency, or similar adjudicatory or evidentiary proceedings conducted by any department, board, commission or official not governed by chapter thirty A;(g) a petition for action by the executive branch or an authority, including, but not limited to, statewide constitutional offices made in writing and required to be a matter of public record pursuant to established procedures of such executive branch or authority, including, but not limited to, statewide constitutional offices;(h) an act made on behalf of an individual with regard to that individual’s benefits, employment or other personal matters;(i) a response to a request for proposals or similar invitation by an officer or employee of the executive branch or an authority, including, but not limited to, statewide constitutional officers and employees thereof, for information relevant to a contract;(j) participation in a bid conference;(k) an appeal or request for review of a procurement decision.
“Authority”, any public instrumentality of the commonwealth which is not subject to the supervision and control of either the legislative, executive or judicial departments of state government, or of any city, town, or county within the commonwealth, and which does not receive state appropriations either for operations or the payment of debt obligations. Notwithstanding the foregoing provisions, the following entities shall be considered to be authorities: Bay State Skills Corporation, Boston Metropolitan District, centers of excellence, Community Economic Development Assistance Corporation, Community Development Finance Corporation, Government Land Bank, Massachusetts Bay Transportation Authority, Massachusetts Convention Center Authority, Massachusetts Corporations for Educational Telecommunications, Massachusetts Educational Loan Authority, Massachusetts Health and Educational Facilities Authority, Massachusetts Housing Finance Agency, Massachusetts Industrial Finance Agency, Massachusetts Industrial Service Program, Massachusetts Legal Assistance Corporation, Massachusetts Municipal Wholesale Electric Company, Massachusetts Port Authority, Massachusetts Product Development Corporation, Massachusetts Technology Development Corporation, Massachusetts Technology Park Corporation, Massachusetts Turnpike Authority, Massachusetts Water Resources Authority, Nantucket land bank, Pension Reserves Investment Management Board, State College Building Authority, Southeastern Massachusetts University Building Authority, Thrift Institutions Fund for Economic Development, University of Lowell Building Authority, University of Massachusetts Building Authority, Victim and Witness Board, Woods Hole, Martha’s Vineyard, and Nantucket Steamship Authority, Worcester Business Development Corporation, the several regional transit authorities, the several regional school districts, the several solid waste districts, the several water, sewer, and fire districts, the several local housing authorities, the several local redevelopment authorities, and the several home care corporations.
“Client”, an individual or business entity that contracts with another individual or business entity to receive lobbyist services.
“Covered executive official”, the governor, lieutenant governor, state secretary, attorney general, state treasurer, state auditor, any person who holds a major policy making position, as defined in section one of chapter two hundred and sixty-eight B, and as designated by the governor, lieutenant governor, state secretary, attorney general, state treasurer or state auditor in accordance with the provisions of said chapter two hundred and sixty-eight B, the secretary or deputy or assistant secretary of any executive office, or the executive or administrative head or deputy or assistant head of any authority, any department, board, commission, or division of the state government or subdivision of any of the foregoing, but not including the legislative and judicial departments.
“Executive agent”, a person who for compensation or reward does any act to influence the decision of any officer or employee of the executive branch or an authority, including but not limited to statewide constitutional officers and employees thereof, where such decision concerns legislation or the adoption, defeat or postponement of a standard, rate, rule or regulation pursuant thereto, or any act to communicate directly with a covered executive official to influence a decision concerning policy or procurement. The term “executive agent” shall include a person who, as part of his regular and usual business or professional activities and not simply incidental thereto, attempts to influence any such decision, whether or not any compensation in addition to the salary for such activities is received for such services; provided, however, that for the purposes of this definition a person shall be presumed to engage in activity covered by this definition in a manner that is simply incidental to his regular and usual business or professional activities if he engages in any activity or activities covered by this definition for not more than fifty hours during any reporting period or receives less than five thousand dollars during any reporting period for any activity or activities covered by this definition.
“Legislation”, bills, resolutions and proposals of every kind, character or description considered by the general court or any committee thereof, or the governor.
“Legislative agent”, a person who for compensation or reward does any act to promote, oppose or influence legislation, or to promote, oppose or influence the governor’s approval or veto thereof. The term “legislative agent” shall include a person who, as part of his regular and usual business or professional activities and not simply incidental thereto, attempts to promote, oppose or influence legislation, or the governor’s approval or veto thereof, whether or not any compensation in addition to the salary for such activities is received for such services; provided, however, that for purposes of this definition a person shall be presumed to engage in activity covered by this definition in a manner that is simply incidental to his regular and usual business or professional activities if he engages in any activity or activities covered by this definition for not more than fifty hours during any reporting period or receives less than five thousand dollars during any reporting period for any activity or activities covered by this definition.
“Lobbyist entity”, an entity providing lobbyist services, consisting of at least 1 legislative or executive agent, including foreign or domestic corporation, association, sole proprietor, partnership, limited liability partnership or company, joint stock company, joint venture or any other similar business formation.
“Policy”, a plan or course of action which is applicable to a class of persons, proceedings or other matters and which is designed to influence or determine the subsequent decisions and actions of any covered executive official, including, but not limited to, a plan or course of action which would constitute a “regulation”, as defined in chapter thirty A. The term shall not include the adjudication or determination of any rights, duties, or obligations of a person made on a case by case basis, including but not limited to the issuance or denial of a license, permit, or certification or a disciplinary action or investigation involving a person.
“Procurement”, the buying, purchasing, renting, leasing or otherwise acquiring or disposing, by contract or otherwise, of supplies, services or construction or the acquisition or disposition of real property or any interest therein, including, but not limited to, the purchase, lease or rental of any such real property or the granting of easements or rights of way therein; but not including any item of expenditure the value of which is twenty-five thousand dollars or less.
Chapter 3: Section 4. Unlisted person may present certificate or evidence of election Section 4. A person having a certificate or other documentary evidence of his election as a representative who is not named on said lists may, after the house has been called to order, present such certificate or evidence to the presiding officer, or to the speaker if one has been chosen, who shall communicate the same to the house for its action thereon; but such person shall not take a seat as a member until permitted by the house.
Chapter 3: Section 40. Repealed, 2004, 149, Sec. 6 Chapter 3: Section 41. Docket of executive and legislative agents and lobbyists; annual registration statements; annual filing fee; identification cards Section 41. The state secretary shall keep a docket which may be in the form of an electronic database. All information required to be filed under this section shall be organized into the docket and shall be open and accessible for public inspection during normal business hours.
Each legislative agent, executive agent and lobbyist entity shall file an annual registration statement with the state secretary on forms prescribed and provided by the state secretary. The annual registration shall be completed not later than December 15 of this year preceding the registration year.
A client retaining the services of a legislative agent, executive agent or lobbyist entity shall also file an annual registration statement with the state secretary on forms prescribed and provided by the state secretary. The annual registration shall be completed not later than December 15 of the year preceding the registration year.
A client or lobbyist entity hiring, employing or agreeing to employ a lobbyist entity, legislative agent or executive agent after January 1 of the registration year shall, within 10 days after such employment or agreement, cause the name of the lobbyist entity, legislative agent or executive agent to be registered with the state secretary as provided in this section. Notice of termination of such employment shall also be filed promptly with the state secretary by the client or lobbyist entity.
The state secretary shall assess each lobbyist entity an annual filing fee of $1,000 to register the entity on the docket. The state secretary shall assess each legislative agent and executive agent an annual filing fee of $100 upon entering the agent’s name on the docket. The state secretary shall assess each client an annual filing fee of $100 for each lobbyist entity hired by them upon entering the name upon the docket. The state secretary may, in his discretion and upon written request, waive the filing fees not a not-for-profit client or a lobbyist entity which registers to exclusively represent not-for-profit clients.
Upon registration, the state secretary shall issue to each legislative agent and executive agent, a nontransferable identification card that shall include the person’s name and photograph. Out-of-state legislative agents and executive agents shall submit 3 passport-sized photographs to the state secretary upon registration.
Chapter 3: Section 42. Agreements to influence decisions of executive branch employees or legislation for consideration prohibited Section 42. No person shall make any agreement whereby any compensation or thing of value is to be paid to any person contingent upon a decision as described in the definition of “executive agent”, or the passage or defeat of any legislation or the approval or veto of any legislation by the governor. No person shall agree to undertake to influence such a decision, or to communicate to influence such a decision or to promote, oppose or influence legislation or to communicate with members of the legislature, or to advocate approval or veto by the governor for consideration to be paid upon the contingency of the outcome of such a decision or that any legislation is passed or defeated.
Nothing in this section shall be construed to prohibit any salesperson engaging in legitimate state business on behalf of a company from receiving compensation or a commission as part of a bona fide contractual arrangement with that company.
Chapter 3: Section 43. Executive and legislative agents; itemized statement of expenditures; notification of legislators; public inspection; family gifts restricted Section 43. On or before the fifteenth day of July, complete from January first through June thirtieth; and the fifteenth day of January, complete from July first to December thirty-first of the preceding year, every executive and legislative agent appearing on the docket shall render to the state secretary an itemized statement, under oath, listing all campaign contributions as defined in section one of chapter fifty-five; all expenditures, and the total amount thereof, incurred, contributed or paid during the reporting period in the course of his employment as an executive or legislative agent and all expenditures made for or on behalf of statewide constitutional officers, officers and employees of such offices, members of the general court, officers and employees of the general court, officers and employees of the executive branch and officers and employees of an authority, incurred or paid during the reporting period, except that the executive or legislative agent shall not be required to report such expenditures not in the course of his employment made for or on behalf of the immediate family of such executive or legislative agent or a relative within the third degree of consanguinity of the executive or legislative agent or of his spouse or the spouse of any such relative; and except that in the case of all expenditures the executive or legislative agent shall not be required to itemize the expenditures of any one day in which the amount incurred or paid did not total thirty-five dollars or more. Such itemized accounting shall include, but not be limited to, specific expenditures for meals, gifts, transportation, entertainment, advertising, public relations, printing, mailing and telephone; and shall also include the names of the payees and the amount paid to each payee and shall further include the names of the candidate or political committee to whom or to which the contribution was made, and the amount and date of each contribution.
When such expenditure is for meals, entertainment or transportation, said expenditure shall be identified by date, place, amount, and the names of all persons in the group partaking in or of such meal, entertainment or transportation. No expenditure shall be split or divided for the purpose of evading any provision of this section. The state secretary shall, within thirty days of receipt of such accounting, notify persons whose names appear therein as having received campaign contributions, meals, transportation or entertainment, as to the nature of the contribution or expenditure claimed, the date and amount of the contribution or expenditure, and the person or persons who reported the contribution or expenditure.
Every executive and legislative agent shall include in the statement required by this section a list of all bill numbers of legislation the executive or legislative agent acted to promote, oppose or influence during the reporting period in the course of his employment. The disclosure shall only be required if the executive or legislative agent specifically referenced the bill number while acting to promote, oppose or influence legislation.
The state secretary shall assess a penalty for any statement which is filed by an executive or legislative agent later than the prescribed date; or, if such statement has been filed by mailing, where the postmark on such mailing is later than the prescribed date. Said penalty shall be in the amount of two hundred and fifty dollars when such statement has been filed ten days late or less, and in the amount of five hundred dollars when such statement is more than ten days late; provided, however, that the state secretary may waive said penalty for good cause. A waiver for good cause shall not be granted for statements filed more than sixty days late by executive or legislative agents, or groups and organizations employing executive or legislative agents, which have never filed or have never been required to file such statements. In all other instances no waiver for good cause shall be granted when a statement has been filed more than thirty days late.
The state secretary shall prescribe and make available the appropriate statement forms which shall be open and accessible for public inspection during normal working hours.
Notwithstanding the provisions of any general or special law to the contrary, no executive or legislative agent shall knowingly offer or knowingly give to any public official or public employee, as defined in section one of chapter two hundred and sixty-eight B, or to a member of such person’s immediate family any gift, as defined in said section one of said chapter two hundred and sixty-eight B, of any kind or nature, nor knowingly pay for any meal, beverage, or other item to be consumed by such public official or employee, whether or not such gift or meal, beverage or other item to be consumed is offered, given or paid for in the course of such agent’s business or in connection with a personal or social event; provided, however, that an executive or legislative agent shall not be prohibited from offering or giving to a public official or public employee who is a member of his immediate family or a relative within the third degree of consanguinity or of such agent’s spouse or the spouse of any such relative any such gift or meal, beverage or other item to be consumed.
Chapter 3: Section 44. Registration of organizations attempting to influence legislation; statement of expenditures; public inspection; penalty Section 44. On or before the fifteenth day of July, complete from January first through June thirtieth; and the fifteenth day of January, complete from July first to December thirty-first of the preceding year, any group or organization, however constituted, not employing an executive or legislative agent which as part of an organized effort, expends in excess of two hundred and fifty dollars during any calendar year to promote, oppose, or influence legislation, or the governor’s veto or approval thereof, or to influence the decision of any officer or employee of the executive branch or an authority, including, but not limited to, statewide constitutional officers and employees thereof, where such decision concerns legislation or the adoption, defeat or postponement of a standard, rate, rule or regulation pursuant thereto, or to do any act to communicate directly with a covered executive official to influence a decision concerning policy or procurement shall register with the state secretary by rendering a statement, under oath, containing the names and addresses of the principals of such group or organization, the purposes of the organization, such aforesaid decisions of such employees of the executive branch or an authority or legislation which affects those purposes, the total amount of expenditures, incurred or paid during the reporting period in furtherance of the foregoing objectives and an itemized statement containing all expenditures made for or on behalf of statewide constitutional officers, officers and employees of such offices, members of the general court, officers and employees of the general court, officers and employees of the executive branch and officers and employees of an authority. Such itemized accounting shall include, but shall not be limited to, specific expenditures for meals, transportation, entertainment, advertising, public relations, printing, mailing and telephone and the names of the payees and the amount paid to each payee. Where such expenditure is for meals, entertainment or transportation, said expenditure shall be identified by date, place, amount, and the names of all persons in the group partaking in, or of, such meal, entertainment or transportation. The itemized accounting shall also include a list of all campaign contributions, as defined in section one of chapter fifty-five, made by the group to a political candidate or committee, the name of each candidate or committee, the amount contributed and the date of the contribution. The statement of the group or organization shall also include a listing of the names and addresses of every person, group or organization from whom fifteen dollars or more was contributed during the year for the objectives hereinabove stated. No expenditure or contribution shall be split or divided for the purpose of evading any provision of this section. The state secretary shall prescribe and make available the appropriate statement forms which after being completed and filed with the secretary shall be organized alphabetically according to the name of the group and such files shall be open and accessible for public inspection during normal business hours.
The state secretary shall assess a penalty for any statement which is filed by such a group or organization later than the prescribed date; or, if such statement has been filed by mailing, where the postmark on such mailing is later than the prescribed date. Said penalty shall be in the amount of one hundred dollars when such statement has been filed ten days late or less, and in the amount of two hundred and fifty dollars when such statement is more than ten days late; provided, however, that the state secretary may waive said penalty for good cause. A waiver for good cause shall not be granted for statements filed more than sixty days late by executive or legislative agents, or groups and organizations employing executive or legislative agents, which have never filed or have never been required to file such statements. In all other instances no waiver for good cause shall be granted when a statement has been filed more than thirty days late.
This section shall not apply to any group or organization that (i) does not employ an executive or legislative agent; (ii) does not realize a profit; (iii) does not make a contribution, as defined in section one of chapter fifty-five, to a political candidate or committee; (iv) does not pay a salary or fee to any member for any activities performed for the benefit of the group or organization; and (v) expends two thousand dollars or less during any calendar year to promote, oppose, or influence legislation, or the governor’s veto or approval thereof, or to influence the decision of any officer or employee of the executive branch or an authority, including, but not limited to, statewide constitutional officers and employees thereof, where such decision concerns legislation or the adoption, defeat or postponement of a standard, rate, rule or regulation pursuant thereto, or to do any act to communicate directly with a covered executive official to influence a decision concerning policy or procurement.
Chapter 3: Section 45. Disqualification of executive or legislative agent; hearing; effect Section 45. The state secretary may, upon cause shown therefor, disqualify a person from acting as an executive or legislative agent. A person against whom proceedings for disqualification are brought shall be allowed a public hearing before the secretary or his designee. Such hearings shall be subject to the provisions of chapter thirty A. No person who has been so disqualified shall be employed as an executive or legislative agent until the termination of the third regular session of the general court after such disqualification.
Chapter 3: Section 46. Docket of executive and legislative agents; maintenance; legislative year Section 46. The docket of executive and legislative agents shall be maintained for each legislative year, beginning on the first Wednesday of January and ending at the conclusion of business on the final day before the succeeding legislative session.
Chapter 3: Section 47. Employers of executive or legislative agents; statement of expenditures; filing; penalty; public inspection Section 47. On or before the fifteenth day of July, complete from January first through June thirtieth; and the fifteenth day of January, complete from July first to December thirty-first of the preceding year, every employer of an executive or legislative agent whose name appears upon the docket shall render to the state secretary a complete and detailed itemized statement, under oath, listing all expenditures incurred or paid separately by such employer during the reporting period in connection with promoting, opposing or influencing legislation, or the governor’s approval or veto thereof, or influencing the decision of any officer or employee of the executive branch or an authority, including, but not limited to, statewide constitutional officers and employees thereof, where such decision concerns legislation or the adoption, defeat or postponement of a standard, rate, rule or regulation pursuant thereto, or doing any act to communicate directly with a covered executive official to influence a decision concerning policy or procurement and all expenditures for or on behalf of the statewide constitutional officers, officers and employees of such offices, members of the general court, officers and employees of the general court, officers and employees of the executive branch and officers and employees of an authority, and the total amount thereof incurred or paid separately by such employer during the reporting period; and except that in the case of all expenditures the employer shall not be required to itemize the expenditures of any one day in which the amount incurred or paid did not total thirty-five dollars or more. Such itemized accounting shall include, but shall not be limited to, specific expenditures for meals, gifts, transportation, entertainment, advertising, public relations, printing, mailing, and telephone; and the names of the payees and the amount paid to each payee. Where such expenditure is for meals, entertainment or transportation, said expenditure shall be identified by the date, place, amount, and names of all persons in the group partaking in, or of, such meal, entertainment, or transportation. When such compensation is included as part of a regular salary or retainer, the statement shall specify the amount of the agent’s salary or retainer allocable to his legislative duties. If no such apportionment is possible, the statement shall indicate such impossibility and disclose the full salary or retainer. No expenditure shall be split or divided for the purpose of evading any provision of this section.
The state secretary shall assess a penalty for any statement which is filed by such an employer later than the prescribed date; or, if such statement has been filed by mailing, where the postmark on such mailing is later than the prescribed date. Said penalty shall be in the amount of two hundred and fifty dollars when such statement has been filed ten days late or less, and in the amount of five hundred dollars when such statement is more than ten days late; provided, however that the state secretary may waive said penalty for good cause. A waiver for good cause shall not be granted for statements filed more than sixty days late by executive or legislative agents, or groups and organizations employing executive or legislative agents, which have never filed or have never been required to file such statements. In all other instances no waiver for good cause shall be granted when a statement has been filed more than thirty days late.
The state secretary shall prescribe and make available the appropriate statement forms which after being completed and filed with the secretary shall be organized alphabetically, according to the name of the employer and such files shall be open and accessible for public inspection during normal business hours.
Chapter 3: Section 48. Violation of Secs. 40 to 44 or 47 respecting executive or legislative agents; penalties; prosecutions; enforcement procedures Section 48. Violation of any provision of sections forty, forty-one, forty-two, forty-three and forty-four, or forty-seven shall be punished by a fine of not less than one hundred, nor more than five thousand dollars. Any person acting as an executive or legislative agent who has been found guilty of violating any provisions of said sections shall in addition to such fine, be disqualified from acting as an executive or legislative agent until the termination of the third regular session of the general court after the date of conviction of such offense. Upon investigation and when deemed appropriate the attorney general shall cause prosecutions to be instituted for violation of any provision of sections forty, forty-one and forty-two.
The state secretary shall inspect all statements required by sections forty-three, forty-four and forty-seven filed with him if it appears that any person has failed to file such statement as required by said sections, or if it appears to the state secretary that any such statement filed with him does not conform to law, the state secretary shall within a reasonable time notify the delinquent person, group or organization in writing.
Upon failure to file a statement within fourteen days after receiving notice under this section, or if any statement filed after receiving notice indicates any violation of sections forty-three, forty-four, or forty-seven, the state secretary shall within a reasonable time notify the attorney general thereof and shall furnish him with copies of all papers relating thereto. The attorney general shall examine every such case and upon investigation and when deemed appropriate shall cause prosecutions to be instituted in the name of the commonwealth or shall institute appropriate civil proceedings pursuant to section forty-nine or refer the case to the proper district attorney for such action as may be appropriate.
Chapter 3: Section 49. Proceedings to compel filing of proper statement required by Secs. 43, 44 or 47; jurisdiction; speedy trial Section 49. The supreme judicial court or superior court may compel any person, group, or organization failing to file a statement required by sections forty-three, forty-four or forty-seven, or filing a statement not conforming to the requirements of said sections in respect to its truth, sufficiently in detail, or otherwise to file a sufficient statement, upon the application of the attorney general. Proceedings under this section shall be advanced for speedy trial upon the request of either party.
Chapter 3: Section 5. Presentation of certain petitions; notice by publication; deposit and filing of petition and bill; fee Section 5. Any petition to the general court for the incorporation of a city or town, for the annexation of one municipality to another, for the consolidation of two or more municipalities or for the division of an existing municipality, or for the incorporation or revival of a railroad, street railway, elevated railroad, canal, telephone, telegraph, water, gas, electric light, power or other public service corporation, for the amendment, alteration or extension of the charter or corporate powers or privileges, or for the change of name of any such company, whether specially incorporated or organized under the General Laws, or for authority to take water for a water supply, or relative to building structures in or over navigable or tidewaters, which is seasonably filed in the office of the clerk of either branch and is accompanied by a bill embodying the legislation petitioned for, shall, be transmitted by such clerk to the office of the state secretary.
Said secretary shall within ten days notify the petitioner by registered mail that such petition shall be published at the petitioner’s expense, within thirty days, in such newspaper as the secretary shall prescribe and a copy thereof shall be transmitted to the mayor, board of selectmen and town council, as the case may be, in all cities and towns affected by said petition.
Upon receipt of proof of notice, or upon the failure after sixty days to produce such notice, the secretary shall return said petition and bill forthwith to the clerk of the branch in which they were filed accompanied by a statement that such advertisement or notice was or was not made.
Every petition seeking as aforesaid the incorporation or revival or change of name of a public service corporation and every petition by or on behalf of such a corporation seeking as aforesaid legislation otherwise amending, altering or extending the charter or corporate powers or privileges of such a corporation shall be accompanied by a fee of twenty-five dollars which shall be paid to the commonwealth.
Chapter 3: Section 50. Sections inapplicable to public employees or agents or other persons requested to appear before committee or commission Section 50. Sections thirty-nine to forty-nine, inclusive, shall not apply to employees or agents of the commonwealth or of a city, town, district or regional school district who are acting in their capacity as such employees or agents or to any person requested to appear before any committee or commission of the general court by a majority of the members of such committee or commission; provided, that such person performs no other act to influence legislation; and provided further, that the name of such person be recorded in the official records of such committee or commission.
CONTINUOUS CONSOLIDATION OF THE GENERAL STATUTES Chapter 3: Section 51. Counsel to senate and house; appointment; duties as to statute revision, etc. Section 51. The committees on rules of the senate and house of representatives shall each appoint a skilled person to act as counsel to the senate and house of representatives, respectively, at such compensation as the said committees may approve. The persons so appointed shall serve for the term of two years from the date of appointment, subject to the pleasure of the said committees. They shall, under the direction of the said committees, after each regular session prepare a table of changes in the general statutes, an index to the acts and resolves, and shall from time to time, under the direction of the said committees or of the general court, consolidate and incorporate in the General Laws all new general statutes. They shall, from time to time, under like direction, make such additions and revisions in the index of the General Laws as may be necessary to insure its prompt publication in connection with future revisions of the statutes. The said committees may direct that copies of the index containing such additions and revisions be deposited, from time to time, in the office of the state secretary or elsewhere and made available for public use.
CONTINUOUS CONSOLIDATION OF THE GENERAL STATUTES Chapter 3: Section 52. Counsel’s assistance in drafting bills, etc. Section 52. The said counsel shall, under like direction, assist members and committees of the senate and house of representatives in drafting bills, and shall advise and assist the committees on bills in the third reading. They shall, so far as possible, draft all bills proposed for legislation as general statutes in the form of specific amendments of or additions to the General Laws.
CONTINUOUS CONSOLIDATION OF THE GENERAL STATUTES Chapter 3: Section 53. Counsel; proposal of changes and corrections; preparation of revisions Section 53. Said counsel may, from time to time, submit to the general court such proposed changes and corrections in the general statutes as they deem necessary or advisable, including recommendations for the repeal of such statutory provisions as have become obsolete or the reasons for the enactment of which have ceased to exist. Said counsel may also submit to the general court such proposed changes in the general statutes as may be recommended to them by the recodification counsel under the provisions of section fifty-five A. If, in their opinion, the necessity of enacting special bills in relation to any particular subject of legislation may, without detriment to the public interest, be avoided in whole or in part by the enactment of general legislation, they shall from time to time submit to the general court drafts of such changes in or additions to the General Laws as will accomplish said purpose. If and as directed by the committees on rules of the senate and house of representatives, acting concurrently, said counsel shall proceed to revise the General Laws, including amendments thereof, as a whole or chapter by chapter or otherwise; and in the course of such a revision said counsel may recommend the omission of redundant enactments and those which may have ceased to have any effect or influence on existing rights, the rejection of superfluous words, the condensation of all circuitous, tautological and ambiguous phraseology into as concise and comprehensive a form as is consistent with the full and clear expression of the will of the general court, the filling of omissions and the correction of any mistakes, inconsistencies and imperfections which may appear. They shall advise and assist as to the form of drafts of bills submitted to them in accordance with section thirty-three of chapter thirty.
CONTINUOUS CONSOLIDATION OF THE GENERAL STATUTES Chapter 3: Section 54. Counsel; assistance and expenses Section 54. The said counsel may employ such legal and other assistance as may be necessary in the discharge of their duties, subject to the approval of the said committees on rules, and may expend with like approval such sums as may be necessary for office, printing and other expenses.
CONTINUOUS CONSOLIDATION OF THE GENERAL STATUTES Chapter 3: Section 55. Counsel; exempt from civil service Section 55. The said counsel shall not be deemed to be executive or administrative officers within the meaning of the constitution, but shall serve directly under the general court. They and their assistants shall not be subject to chapter thirty-one.
CONTINUOUS CONSOLIDATION OF THE GENERAL STATUTES Chapter 3: Section 55A. General Laws; correction, revision, etc. Section 55A. The committees on rules of the two branches, acting concurrently, shall appoint a skilled person as recodification counsel and a skilled person as assistant recodification counsel. The assistant recodification counsel shall assist the recodification counsel in the performance of his duties and, in the absence of the recodification counsel, shall act in his stead. The recodification counsel and the assistant recodification counsel shall not be deemed to be executive or administrative officers within the meaning of the constitution, but shall serve directly under the general court. The recodification counsel may employ such legal and other assistance as may be necessary in the discharge of his duties, subject to the approval of the committees on rules of the two branches, acting concurrently, and may expend with like approval such sums as may be necessary for office, printing and other expenses.
The recodification counsel shall, from time to time, submit to the counsel to the senate and to the counsel to the house of representatives, jointly, recommendations, including drafts of legislation, for the correction, revision, amendment, rearrangement, consolidation, compilation and recodification of the General Laws, or any of them, and amendments thereof, including recommendations for the repeal of such statutory provisions as have become obsolete or the reasons for the enactment of which have ceased to exist. In submitting recommendations under this section the recodification counsel may recommend the omission or repeal of redundant enactments and those which may have ceased to have any effect on existing rights, the rejection or elimination of superfluous words, the condensation of circuitous, tautological and ambiguous phraseology and the correction of mistakes, inconsistencies and imperfections. Recommendations for changes of provisions of the General Laws and amendments thereof, as provided for in this section, shall be consistent with the will and intent of the general court as expressed in such provisions at the time of such recommendations.
LEGISLATIVE RESEARCH COUNCIL AND LEGISLATIVE RESEARCH BUREAU Chapter 3: Section 56. Legislative research council; establishment; appointment of members; tenure; expenses; service under general court Section 56. There is hereby established a legislative research council, hereinafter called the council, to consist of four members of the senate, to be designated annually by the president thereof, and eight members of the house of representatives, to be designated annually by the speaker thereof, who shall serve until their respective successors have been appointed and who may be reappointed; provided, however, that no member shall serve after he ceases to be a member of the general court. The membership appointed to the council from each branch of the general court shall be equally divided between the two major political parties. The president of the senate and the speaker of the house of representatives shall appoint the chairman and vice chairman, respectively, of the council. Members of the council shall serve without pay as such but shall be reimbursed for all necessary expenses, and while the general court is not in session shall be reimbursed for travel and expenses to and from their homes to the state house at the same rate as that paid to members of the general court when it is in session. The members of said council shall not be deemed to be executive or administrative officers within the meaning of the constitution, but shall serve directly under the general court.
LEGISLATIVE RESEARCH COUNCIL AND LEGISLATIVE RESEARCH BUREAU Chapter 3: Section 57. Council; duties; creation of research bureau Section 57. The council shall determine all policies with respect to a legislative research program as hereinafter provided and shall provide for the creation of a legislative research bureau, hereinafter called the bureau, under its direction, which shall carry out the policies so determined.
LEGISLATIVE RESEARCH COUNCIL AND LEGISLATIVE RESEARCH BUREAU Chapter 3: Section 58. Director and assistants of research bureau; appointment; compensation; civil service status Section 58. The council shall appoint a person qualified by education, training and experience who shall be the director of the bureau. The council shall also appoint such assistants to the director as are necessary to carry out the program of statistical research and fact-finding required by the council. The compensation of the director and other bureau employees shall be subject to the approval of the committees on rules of the two branches, acting concurrently, of the general court. The director and his assistants shall not be subject to chapter thirty-one.
LEGISLATIVE RESEARCH COUNCIL AND LEGISLATIVE RESEARCH BUREAU Chapter 3: Section 59. Research bureau; duties Section 59. The bureau shall assist the members of the general court and any committee and recess commission thereof in all matters requiring statistical research or fact-finding in connection with proposed legislation or other matters pertaining to the functions of the general court.
Chapter 3: Section 6, 6A. Repealed, 1943, 549, Sec. 2 LEGISLATIVE RESEARCH COUNCIL AND LEGISLATIVE RESEARCH BUREAU Chapter 3: Section 60. Research bureau; quarters; gathering of information; custody of records Section 60. The bureau shall be provided with quarters in the state house or elsewhere at a location convenient to the general court and shall, upon request, be furnished with such information and records by all departments, divisions, agencies and political subdivisions of the commonwealth as are not deemed to be confidential and are required by it for the proper conduct of its duties. Every special committee or commission and every joint committee sitting during the recess of the general court which is established by the general court or by either branch thereof to make a study or investigation in connection with proposed legislation shall, if no other provision is made and in the absence of a vote to the contrary by such committee or commission, within ninety days after the final date for filing its report turn over to the bureau all the papers, records and material acquired during the existence of the committee or commission. The bureau shall turn over to the state library such papers, records and material which it deems to merit preservation and shall destroy the remainder.
LEGISLATIVE RESEARCH COUNCIL AND LEGISLATIVE RESEARCH BUREAU Chapter 3: Section 61. Reports by bureau and council Section 61. The bureau shall make such reports to the council as are required by it. The council may report from time to time to the general court and shall make an annual report in writing to the general court by filing a copy of the same with the clerk of the house of representatives on or before the second Wednesday of November in each year.
MUNICIPAL PROBLEMS COMMISSION Chapter 3: Section 62. Advisory commission on local government Section 62. There shall be an advisory commission on local government, hereinafter referred to as the commission. The commission shall consist of forty members of whom twenty-nine shall be appointed by the governor with the advice of the director of housing and community development hereinafter referred to as director from among persons nominated by the Massachusetts Municipal Association following its annual election of officers, of whom eight shall be selectmen, eight shall be mayors, eight shall be city or town managers, four shall be city or town councillors, and one shall be a town finance committee member. Four members of the commission shall be appointed by the governor from nominations made by the Massachusetts Association of School Committees following its annual election of officers. Three members of the senate shall be designated annually by the president thereof and three members of the house of representatives shall be designated annually by the speaker thereof. Said director shall be a member, ex officio.
Said members shall serve a term of one year from the date of appointment, unless sooner removed by the governor upon the recommendation of the nominating organization after consultation with said director. When a vacancy occurs, a new member representing the same office shall be appointed to fill the remainder of the unexpired term.
An executive committee shall be established to formulate the agenda for the full commission meetings and direct the staff. The executive committee shall consist of a mayor, a selectman, a city or town manager, a city councillor, a finance committee member and a member of the Massachusetts Association of School Committees, said director, one member of the state senate, and one member of the house of representatives each of whom shall have a vote. A chairperson of the full commission, who shall also be chairperson of the executive committee, shall be elected by the executive committee from among its members. If the executive committee shall divide evenly in a vote on any issue such vote shall be considered a negative vote.
In the event that the Massachusetts Municipal Association or the Massachusetts Association of School Committees shall cease to exist, the commission shall select an appropriate replacement. Members of the commission shall serve without compensation. The commission shall consider any matter germane to municipal government and shall file its recommendations, if any, from time to time, with the clerks of the senate and the house of representatives together with drafts of legislation, if any, necessary to carry its recommendations into effect.
The commission shall have the following responsibilities:1. to review and analyze proposed legislation and regulatory changes from the point of view of municipal government and present such point of view to the governor, his executive secretaries and to the general court;2. to act as an independent advocate for the interests of local governments in their relations with state and federal governments;3. to advise officials of the commonwealth and the federal government on the needs of local governments, assist in mobilizing state and federal resources to deal with problems of local governments, provide coordinating support to agencies responsible for administering federal, state and local programs, and promote legislative and administrative proposals reflecting the interests of local governments;4. to establish, from time to time, study committees or task forces to consider issues pertaining to local government in detail and to present the results of those considerations to the governor, the secretaries of his executive offices and to the general court;5. to meet monthly with the governor and at such other times as the chairperson deems necessary;6. to meet quarterly with the legislative leadership, and at such other times as may be necessary;7. to promulgate rules and regulations governing its procedures and those of the executive committee; and8. to perform such other like services as the commission shall decide upon.
LEGISLATIVE POST AUDIT AND OVERSIGHT BUREAU Chapter 3: Section 63. Definitions; post audit and oversight committees; powers and duties; meetings; reports; expenses Section 63. The following words and phrases, as used in this section and in section sixty-four, shall have the following meanings unless a different meaning is required by the context:“Agency”, a separate agency or unit of state government created or established by law, including, but not limited to, the following and the officers thereof: authority, board, branch, bureau, commission, constitutional office, county government, department, division, institution, office, officers, or public corporation, as the case may be, except any such agency or unit within the legislative branch of the government of the commonwealth.
“Audit”, an examination of activities or transactions completed in a prior fiscal year.
“Bureaus”, the legislative post audit and oversight bureaus.
“Committees”, the respective committees on post audit and oversight of the senate and house of representatives.
“Performance auditing”, an auditing program conducted for the particular purpose of making an appraisal or evaluation of the efficiency of operations, the effectiveness of programs, and the faithfulness of administrative compliance with the intent of legislation and administrative regulations affecting a specified agency of the commonwealth.
The committees shall oversee the development and implementation of legislative auditing programs to be conducted by the bureaus with special emphasis on performance auditing. The committees receive the reports of the department of the state auditor and the legislative auditors and shall determine what remedial measures, if any, are necessary. The committees shall have the power to summon witnesses, administer oaths, take testimony and compel the production of books, papers, documents and other evidence in connection with any authorized examination and review. If the committees shall deem special studies or investigations to be necessary, they may direct their legislative auditors to undertake such studies or investigations. The committees shall report to their respective branches, from time to time, with recommendations for legislative action based on their review of the reports of the department of the state auditor or on the findings and recommendations of the legislative auditors. The committees may report to any joint standing committee of the general court findings and recommendations affecting matters before such committees.
The committees shall meet monthly at the call of the senate chairman or house chairman and at such other times as shall be deemed necessary by the said chairmen. Said committees may sit during the recess of the general court. Members of the committees shall be reimbursed for all necessary expenses and, while the general court is not in session, shall be reimbursed for travel and expenses to and from their homes to the state house at the same rate as that paid to members of the general court while it is in session.
LEGISLATIVE POST AUDIT AND OVERSIGHT BUREAU Chapter 3: Section 64. Bureaus of post audit and oversight; legislative auditors; quarters; powers and duties Section 64. There are hereby established in the legislative branch of the state government two bureaus of post audit and oversight, one each to serve under and at the discretion of the senate committee on post audit and oversight and the house of representatives committee on post audit and oversight.
The committees shall appoint persons qualified by education, training, and experience who shall be the directors of each bureau and who shall be known as legislative auditors. The committees shall also appoint such assistants to the directors as are necessary to efficiently discharge the duties of the bureaus. The compensation of the legislative auditors and their assistants shall be subject to the approval of the committees on rules of the two branches of the general court. The legislative auditors and their assistants shall not be subject to chapter thirty-one.
The bureaus shall be provided with quarters in the state house or elsewhere at a location convenient to their respective branches. The legislative auditors and their assistants, at the direction of the committees, shall have access to and authority to examine, during regular business hours, any and all records, including, but not limited to books, reports, accounts, vouchers, bank accounts, and money or other property of any agency of the state and it shall be the duty of any officer or employee of any such agency having such records or property in his possession or under his control, to permit access to and examination thereof upon the request of the legislative auditors or their authorized representatives.
LEGISLATIVE POST AUDIT AND OVERSIGHT BUREAU Chapter 3: Section 65. Establishment; members; function; recommendations; report Section 65. There is hereby established in the senate a senate art committee, hereinafter called the committee, to consist of the president and the minority leader thereof, and seven persons to be appointed by the president, of whom at least three shall be members of The Doric Dames, Inc. Each member shall be appointed for a term coterminous with that of the president, and shall serve at his pleasure.
The committee shall consider and advise the senate relative to any matter germane to the upgrading and restoration of the quarters in the state house used by the members of the senate and its employees, with particular attention to the historical and artistic qualities of said quarters. The committee may file recommendations from time to time with the clerk of the senate, but shall file an annual report with the clerk before the first Wednesday in December of each year.
LEGISLATIVE POST AUDIT AND OVERSIGHT BUREAU Chapter 3: Section 66. Commission on the status of women; membership; powers; funding Section 66. (1) There is established a permanent commission on the status of women consisting of 19 persons as follows: five persons appointed by the governor; four persons appointed by the speaker of the house of representatives; four persons appointed by the president of the senate; and six persons appointed by the caucus of women legislators or its successor organization. Members of the commission shall be drawn from diverse racial, ethnic, religious, age, sexual orientation and socio-economic backgrounds from throughout the commonwealth and shall have had experience working toward the improvement of the status of women in society. Members shall be subject to the provisions of chapter 268A as they apply to special state employees. The commission shall be an independent agency of the government of the commonwealth and shall not be subject to the control of any other department or agency.
(2)(a) Members shall serve terms of three years and until their successors are appointed.
(b) Vacancies in the membership of the commission shall be filled by the original appointing authority for the balance of the unexpired term.
(c) Appointments shall be made in consultation with women’s organizations. Nominations shall be solicited between August 1 and September 16 of each year through an open application process using a uniform application that is widely distributed throughout the state.
(d) The commission shall elect from among its members a chair, a vice chair, a treasurer and any other officers it deems necessary.
(e) The members of the commission shall receive no compensation for their services, but shall be reimbursed for any usual and customary expenses incurred in the performance of their duties.
(3) The commission shall conduct an ongoing study of all matters concerning women and shall be guided by the tenets of the Platform for Action of the United Nations Fourth World Conference on Women held in Beijing, China in September, 1995. In furtherance of that responsibility, the commission shall: (a) study, review and report on the status of women in the commonwealth; (b) inform leaders of business, education, health care, state and local governments and the communications media of issues pertaining to women; (c) serve as a liaison between government and private interest groups concerned with issues affecting women; (d) serve as a clearinghouse for information on issues pertaining to women; (e) identify and recommend qualified women for appointive positions at all levels of government, including boards and commissions, as the commission deems necessary and appropriate; (f) assess programs and practices in all state agencies as they affect women, as the commission deems necessary and appropriate; (g) advise executive and legislative bodies on the effect on women of proposed legislation, as the commission deems necessary and appropriate; and (h) promote and facilitate collaboration among local women’s commissions and among women’s organizations in the state, as the commission deems necessary and appropriate. The commission shall annually, on or before June 2, report the results of its findings and activities of the preceding year and its recommendations to the governor and to the clerks of the senate and house of representatives.
(4) The powers of the commission shall include but not be limited to the following: (a) to use such voluntary and uncompensated services of private individuals, agencies and organizations as may from time to time be offered and needed; (b) to recommend policies and make recommendations to agencies and officers of the state and local subdivisions of government to effectuate the purposes of subsection (3); (c) to select an executive director and to acquire adequate staff to perform its duties, subject to appropriation; (d) to establish and maintain such offices as it may deem necessary, subject to appropriation; (e) to enact bylaws for its own governance; (f) to appoint members to regional chapters of the commission; and (g) to hold regular, public meetings and to hold fact-finding hearings and other public forums as it may deem necessary.
(5) The commission shall meet once every month, except for the months of July and August at members’ discretion. The (i) governor, (ii) speaker of the house of representatives, (iii) president of the senate and (iv) designated members of the caucus of women legislators shall be invited to attend the monthly meetings on a rotating basis.
(6)(a) The commission may request from all state agencies such information and assistance as the commission may require.
(b) The commission may accept and solicit funds, including any gifts, donations, grants or bequests or any federal funds, for any of the purposes of this section. Such funds shall be deposited in a separate account with the state treasurer, be received by said treasurer on behalf of the commonwealth, and be expended by the commission in accordance with law.
Chapter 3: Section 7. Petitions for legislation respecting corporations Section 7. Any petition to the general court, except a petition subject to the provisions of section five for the establishment or revival, or for the amendment, alteration or extension of the charter or corporate powers or privileges, or for the change of name of any corporation, except for a body politic and corporate, which is seasonably filed in the office of the clerk of either branch and is accompanied by a bill embodying in substance the legislation petitioned for, shall, with said accompanying bill, be transmitted as soon as may be by the clerk of the branch in which they were filed to the office of the state secretary.
The petition shall contain the business or mailing address of the petitioner and, if such petition relates to a corporation organized or to be organized for purposes of business or profit, shall be accompanied by a fee of twenty-five dollars, which shall be paid to the commonwealth.
Said secretary shall, not later than the thirtieth day following the date of receipt thereof, return the same with the accompanying bill to the clerk of the branch in which they were originally filed, together with a memorandum stating whether or not, in his opinion, the object sought may be accomplished under the General Laws or whether the same requires legislation. He may also insert in said memorandum any other relevant statement which, in his opinion, might be of assistance to the general court in passing on the petition.
Chapter 3: Section 8. Petition by town for authority to borrow outside statutory debt limit Section 8. Any petition to the general court, with the accompanying bill, of any town for authority to borrow money outside the statutory limit of indebtedness shall be transmitted by the committee of the general court to which the same may be referred to the director of accounts for information as to the financial condition of the town, and he shall as soon as possible make a report thereon to said committee.
Chapter 3: Section 8A. Petition by city or town pursuant to home rule amendment; number of votes Section 8A. A petition filed or approved by the voters of a city or town, or the mayor and city council or other legislative body of a city, or the town meeting or other legislative body of a town, for submission to the general court pursuant to the provisions of Section 8 of Article LXXXIX of the Amendments to the Constitution of the Commonwealth shall indicate the number voting in favor of such filing or approval and the number opposed, if such vote is tabulated.
Chapter 3: Section 9. Compensation of members; method of payment; four-term limit Section 9. Except as hereinafter provided each member of the general court shall receive for each regular annual session thirty thousand dollars. The president of the senate and the speaker of the house of representatives shall each receive for each regular session sixty-five thousand dollars. The chairman of the senate committee on ways and means and the chairman of the house committee on ways and means shall each receive for each regular session fifty-five thousand dollars. The floor leaders of each of the major political parties in the senate and house of representatives shall each receive fifty-two thousand five hundred dollars. The assistant floor leader of each of the major political parties in the senate and the assistant floor leader of each of the major political parties in the house of representatives, and the second assistant floor leaders of each of the major political parties in the senate and house of representatives, the third assistant floor leader of the minority party in the senate and house of representatives, the vice chairman of the house committee on ways and means and the vice chairman of the senate committee on ways and means and the ranking minority members of the house and senate committees on ways and means, the senate chairman and the house chairman of the committee on post audit and oversight, the senate chairman and the house chairman of the committee on taxation, the senate chairman and house chairman of the committee on science and technology shall each receive forty-five thousand dollars. Other chairmen of committees of the house of representatives and the senate established by the joint rules or the house or senate rules, and the house vice chairman of the committee on post audit and oversight, the assistant vice chairman of the senate committee on ways and means and the assistant vice chairman of the house committee on ways and means and the vice chairman of the house committee on taxation shall each receive thirty-seven thousand five hundred dollars; provided, however, that no chairman who serves as chairman of more than one such committee shall receive more than the compensation established for a chairman of one of any such committees. Each member of the general court shall be entitled to be paid for his compensation for each such session at the rate of one-twelfth the amount of compensation for such session for each full month of the session. Such payment shall be to him, upon his request, on the last legislative day in which the general court is in session preceding the fifteenth day of each month and on the date preceding the last legislative day of each month, and shall be for an amount not exceeding the proportion then due at the aforesaid rate; provided, that the state treasurer may, during such regular session, make additional payments on account, in excess of such monthly rate, to any member making written request but the amount of such additional payments shall not exceed, in the aggregate, fifteen hundred dollars in any one such session, or two thousand dollars if such session continues beyond July first, and in no event shall the amount of all payments under this section during such session to any member exceed, in the aggregate, the compensation of such member for such session.
Notwithstanding other provisions of this section to the contrary, any representative in the general court who has served, or but for resignation would have served, four consecutive terms in that office within the preceding nine years and any senator in the general court who has served, or but for resignation would have served, four consecutive terms in that office within the preceding nine years shall receive for each regular annual session no compensation. For the purpose of this section, any person serving in one of the foregoing offices as of January 15, 1995 shall be deemed to be serving his first term in that office.
Chapter 3: Section 9A. Repealed, 1952, Ex.
Sess.
, 635, Sec. 1 Chapter 3: Section 9B. Member’s allowances for expenses, travel, meals and lodging Section 9B. Each member of the general court shall receive $7,200 annually for expenses to be paid as follows: each member shall be entitled to receive $600 on the first day of each session and the first day of each month thereafter until said sum of $7,200 shall have been paid, and on the last day of the session there shall be paid to each member of the general court the balance, if any, of said sum of $7,200.
A member of the general court who lives in the city or town of Arlington, Belmont, Boston, Brookline, Cambridge, Chelsea, Dedham, Everett, Lynn, Malden, Medford, Melrose, Milton, Nahant, Newton, Quincy, Revere, Saugus, Somerville, Stoneham, Wakefield, Waltham, Watertown, Winchester, Winthrop or Woburn shall receive a per diem allowance for mileage, meals and lodging of $10 per day; a member of the general court who lives in the city or town of Abington, Andover, Avon, Bedford, Beverly, Billerica, Boxford, Braintree, Brockton, Burlington, Canton, Carlisle, Cohasset, Concord, Danvers, Dover, Easton, Framingham, Hamilton, Hanover, Hingham, Holbrook, Hull, Lexington, Lincoln, Lynnfield, Manchester by-the Sea, Marblehead, Medfield, Middleton, Millis, Natick, Needham, North Andover, North Reading, Norwell, Norwood, Peabody, Randolph, Reading, Rockland, Salem, Scituate, Sharon, Sherborn, Stoughton, Sudbury, Swampscott, Tewksbury, Topsfield, Walpole, Wayland, Wellesley, Wenham, Weston, Westwood, Weymouth, Whitman or Wilmington shall receive a per diem allowance for mileage, meals and lodging of $18 per day; a member of the general court who lives in the city or town of Acton, Ashland, Ayer, Bellingham, Blackstone, Bolton, Boxborough, Bridgewater, Carver, Chelmsford, Dracut, Dunstable, Duxbury, East Bridgewater, Essex, Foxborough, Franklin, Georgetown, Gloucester, Groton, Groveland, Halifax, Hanson, Harvard, Haverhill, Holliston, Hopedale, Hopkinton, Hudson, Ipswich, Kingston, Lakeville, Lawrence, Littleton, Lowell, Mansfield, Marlborough, Marshfield, Maynard, Medway, Mendon, Methuen, Middleborough, Milford, Millville, Newbury, Newburyport, Norfolk, Northborough, Norton, Pembroke, Plainville, Plympton, Raynham, Rockport, Rowley, Shirley, Southborough, Stow, Tyngsborough, Upton, Westborough, West Bridgewater, Westford, West Newbury or Wrentham shall receive a per diem allowance for mileage, meals and lodging of $26 per day; a member of the general court who lives in the city or town of Acushnet, Amesbury, Ashby, Attleboro, Auburn, Berkley, Berlin, Boylston, Clinton, Dighton, Douglas, Fall River, Fitchburg, Freetown, Grafton, Holden, Lancaster, Leicester, Leominster, Lunenburg, Marion, Mattapoisett, Merrimac, Millbury, Northbridge, North Attleborough, Oxford, Paxton, Pepperell, Plymouth, Princeton, Rehoboth, Rochester, Rutland, Salisbury, Seekonk, Shrewsbury, Somerset, Sterling, Sutton, Swansea, Taunton, Townsend, Uxbridge, Wareham, Webster, West Boylston, Westminster or Worcester shall receive a per diem allowance for mileage, meals and lodging of $36 per day; a member of the general court who lives in the city or town of Ashburnham, Barre, Bourne, Brookfield, Charlton, Dartmouth, Dudley, East Brookfield, Fairhaven, Gardner, Hubbardston, New Bedford, New Braintree, North Brookfield, Oakham, Sandwich, Southbridge, Spencer, Sturbridge, Templeton, Warren, West Brookfield, Westport or Winchendon shall receive a per diem allowance for mileage, meals and lodging of $45 per day; a member of the general court who lives in the city or town of Athol, Barnstable, Belchertown, Brimfield, Dennis, Falmouth, Hardwick, Holland, Mashpee, Monson, New Salem, Orange, Palmer, Petersham, Phillipston, Royalston, Wales, Ware or Yarmouth shall receive a per diem allowance for mileage, meals and lodging of $50 per day; a member of the general court who lives in the city or town of Amherst, Brewster, Chatham, Chicopee, Eastham, East Longmeadow, Erving, Gill, Granby, Hadley, Hampden, Harwich, Leverett, Longmeadow, Ludlow, Montague, Northfield, Orleans, Pelham, Shutesbury, South Hadley, Springfield, Sunderland, Warwick, Wendell or Wilbraham shall receive a per diem allowance for mileage, meals and lodging of $60 per day; a member of the general court who lives in the city or town of Agawam, Bernardston, Conway, Deerfield, Easthampton, Greenfield, Hatfield, Holyoke, Leyden, Montgomery, Northampton, Shelburne, Southampton, Southwick, Truro, Wellfleet, Westfield, Westhampton, West Springfield, Whately or Williamsburg shall receive a per diem allowance for mileage, meals and lodging of $66 per day; a member of the general court who lives in the city or town of Ashfield, Blandford, Buckland, Charlemont, Chester, Chesterfield, Colrain, Cummington, Goshen, Granville, Hawley, Heath, Huntington, Plainfield, Provincetown, Russell, Tolland or Worthington shall receive a per diem allowance for mileage, meals and lodging of $74 per day; a member of the general court who lives in the city or town of Becket, Dalton, Florida, Hinsdale, Lee, Middlefield, Monroe, Monterey, Otis, Peru, Rowe, Sandisfield, Savoy, Tyringham, Washington or Windsor shall receive a per diem allowance for mileage, meals and lodging of $82 per day; a member of the general court who lives in the city or town of Adams, Alford, Aquinnah, Cheshire, Chilmark, Clarksburg, Edgartown, Egremont, Gosnold, Great Barrington, Hancock, Lanesborough, Lenox, Mount Washington, New Ashford, New Marlborough, North Adams, Oak Bluffs, Pittsfield, Richmond, Sheffield, Stockbridge, Tisbury, West Stockbridge, West Tisbury or Williamstown shall receive a per diem allowance for mileage, meals and lodging of $90 per day; a member of the general court who lives in the town of Nantucket shall receive a per diem allowance for mileage, meals and lodging of $100 per day.
Whenever the general court is not in session, but not having prorogued, each member shall also receive such per diem allowance for each day for travel from his place of residence to the state house and return therefrom, while in the performance of his official duties, upon certification to the state treasurer that he was present at the state house.
Each member of the general court shall also be paid such per diem allowance after prorogation of the general court for each day for travel from his place of residence to the state house and return therefrom while in the performance of his official duties upon certification to the state treasurer that he was present at the state house.
Chapter 3: Section 9C. Allowance for legislative work after prorogation Section 9C. Each member of the general court shall be paid an allowance for each day after prorogation of the general court when on legislative business affairs at the state house in accordance with the schedule contained in section nine B.
Chapter 2: Section 1. Coat of arms of commonwealth Section 1. The coat of arms of the commonwealth shall consist of a blue shield with an Indian thereon, dressed in a shirt, leggings, and moccasins, holding in his right hand a bow, and in his left hand an arrow, point downward, all of gold; and, in the upper right-hand corner of the field a silver star of five points. The crest shall be, on a wreath of gold and blue, a right arm, bent at the elbow, clothed and ruffled, and grasping a broad-sword, all of gold. The motto “Ense petit placidam sub libertate quietem” shall appear in gold on a blue ribbon.
Chapter 2: Section 10. Beverage of commonwealth Section 10. Cranberry juice shall be the beverage of the commonwealth.
Chapter 2: Section 11. Horse or horse emblem of commonwealth Section 11. The Morgan horse shall be the horse or horse emblem of the commonwealth.
Chapter 2: Section 12. Insect or insect emblem of commonwealth Section 12. The lady bug shall be the insect or insect emblem of the commonwealth.
Chapter 2: Section 13. Fish or fish emblem of commonwealth Section 13. The cod shall be the fish or fish emblem and the historic and continuing symbol of the commonwealth.
Chapter 2: Section 14. Dog or dog emblem of commonwealth Section 14. The Boston terrier shall be the dog or dog emblem of the commonwealth.
Chapter 2: Section 15. Gem or gem emblem of commonwealth Section 15. Rhodonite shall be the gem or gem emblem of the commonwealth.
Chapter 2: Section 16. Marine mammal or marine mammal emblem of commonwealth Section 16. The right whale (Eubalaena Glacialis) shall be the marine mammal or marine mammal emblem of the commonwealth.
Chapter 2: Section 17. Fossil or fossil emblem of commonwealth Section 17. The dinosaur track shall be the fossil or fossil emblem of the commonwealth.
Chapter 2: Section 18. Mineral or mineral emblem of commonwealth Section 18. Babingtonite shall be the mineral or mineral emblem of the commonwealth.
Chapter 2: Section 19. Song of commonwealth Section 19. The song “All Hail to Massachusetts”, words and music by Arthur J. Marsh, shall be the song of the commonwealth.
Chapter 2: Section 2. Seal of commonwealth Section 2. The seal of the commonwealth shall be circular in form, bearing upon its face a representation of the arms of the commonwealth encircled with the inscription within a beaded border, “Sigillum Reipublicae Massachusettensis”. The colors of the arms shall not be an essential part of said seal, and an impression from a seal engraved according to said design, on any commission, paper, or document shall be valid without such colors or the representation thereof by heraldic lines or marks.
Chapter 2: Section 20. Folk song of commonwealth Section 20. The song “Massachusetts”, words and music by Arlo Guthrie, shall be the folk song of the commonwealth.
Chapter 2: Section 21. Poem of commonwealth Section 21. The poem, “Blue Hills of Massachusetts” composed by Katherine E. Mullen of the town of Barre shall be the official state poem of the commonwealth.
Chapter 2: Section 22. Rock or rock emblem of commonwealth Section 22. The Roxbury Puddingstone (Roxbury Conglomerate), shall be the rock or rock emblem of the commonwealth.
Chapter 2: Section 23. Historical rock of commonwealth Section 23. Plymouth Rock, located in the town of Plymouth, shall be the historical rock of the commonwealth.
Chapter 2: Section 24. Explorer rock of commonwealth Section 24. Dighton Rock shall be the explorer rock of the commonwealth.
Chapter 2: Section 25. Building and monument stone of commonwealth Section 25. Granite shall be the building and monument stone of the commonwealth.
Chapter 2: Section 26. Official heroine of commonwealth Section 26. Deborah Samson, who fought in the War of Independence, shall be the official heroine of the commonwealth.
Chapter 2: Section 27. Ceremonial march of commonwealth Section 27. The song “The Road to Boston”, composer unknown, shall be the official ceremonial march of the commonwealth.
Chapter 2: Section 28. Muffin of commonwealth Section 28. The corn muffin shall be the official muffin of the commonwealth.
Chapter 2: Section 29. Shell of commonwealth Section 29. The New England neptune (neptunea lyrata decemcostata) shall be the shell of the commonwealth.
Chapter 2: Section 3. Commonwealth and naval and maritime flags; design Section 3. The flag of the commonwealth shall consist of a white rectangular field, bearing on either side a representation of the arms of the commonwealth, except that the star shall be white. The naval and maritime flag of the commonwealth shall consist of a white rectangular field bearing on either side a representation of a green pine tree.
Chapter 2: Section 30. Cat of commonwealth Section 30. The Tabby cat shall be the official cat of the commonwealth.
Chapter 2: Section 31. Patriotic song of commonwealth Section 31. The song “Massachusetts (Because of You Our Land Is Free)”, words and music by Bernard Davidson, shall be the patriotic song of the commonwealth.
Chapter 2: Section 32. Folk dance of commonwealth Section 32. Square Dancing shall be the official folk dance of the commonwealth.
Chapter 2: Section 33. Soil of commonwealth Section 33. The Paxton Soil Series shall be the official soil of the commonwealth.
Chapter 2: Section 34. Memorial of commonwealth to honor Vietnam War veterans of commonwealth Section 34. The memorial to be constructed and maintained in the city of Worcester at Green Hill Park by the department of veterans’ services and the city of Worcester in cooperation with The Commonwealth of Massachusetts Vietnam Veterans’ Memorial Trust, Incorporated shall be the official memorial of the commonwealth to honor the Vietnam veterans of the commonwealth.
Chapter 2: Section 35. Designation of citizens of commonwealth Section 35. Bay Staters shall be the official designation of citizens of the commonwealth.
Chapter 2: Section 36. Game bird of commonwealth Section 36. The wild turkey (Meleagris Gallopavo) shall be the game bird and game bird emblem of the commonwealth.
Chapter 2: Section 37. Memorial of commonwealth to honor Southwest Asia War veterans Section 37. The memorial to be constructed in the city of Worcester by the Desert Calm Committee, Inc. shall be the official state monument for the veterans of the Southwest Asia War.
Chapter 2: Section 38. Bean of commonwealth Section 38. The baked navy bean shall be the official bean of the commonwealth.
Chapter 2: Section 39. Berry of commonwealth Section 39. The cranberry (vaccinium macrocarpon) shall be the official berry of the commonwealth.
Chapter 2: Section 4. Flag of governor; design Section 4. The flag of the governor shall conform to the design of the flag of the commonwealth, except that the field of the flag of the governor shall be triangular in shape.
Chapter 2: Section 40. Folk hero of the commonwealth Section 40. Johnny Appleseed shall be the official folk hero of the commonwealth.
Chapter 2: Section 41. Dessert or dessert emblem of commonwealth Section 41. The Boston cream pie shall be the official dessert or dessert emblem of the commonwealth.
Chapter 2: Section 42. Cookie of commonwealth Section 42. The chocolate chip cookie shall be the official cookie of the commonwealth.
Chapter 2: Section 43. Glee club song of commonwealth Section 43. The song “The Great State of Massachusetts”, words by George A. Wells, and music by J. Earl Bley, shall be the glee club song of the commonwealth.
Chapter 2: Section 44. Polka of the commonwealth Section 44. The words and music of “Say Hello to Someone in Massachusetts” by Lenny Gomulka shall be the official polka of the commonwealth.
Chapter 2: Section 45. Peace statue of commonwealth Section 45. A memorial statue built in the town of Orange in recognition of veterans who served in World War I and designated as the Orange Peace Statue shall be the official peace statue of the commonwealth.
Chapter 2: Section 46. Memorial of commonwealth to honor Korean War veterans of commonwealth Section 46. The Korean War Memorial located in the shipyard park of the Charlestown Navy Yard shall be the official memorial of the commonwealth to honor the Korean War veterans of the commonwealth.
Chapter 2: Section 47. Ode of the Commonwealth Section 47. The words and music of “Ode to Massachusetts” by Joseph Falzone shall be the official ode of the commonwealth.
Chapter 2: Section 48. MIA/POW memorial of commonwealth Section 48. The MIA/POW Memorial located at the Massachusetts National Cemetery in the town of Bourne shall be the official MIA/POW memorial of the commonwealth.
Chapter 2: Section 49. Children’s book of commonwealth Section 49. The book “Make Way for Ducklings” by Robert McCloskey shall be the official children’s book of the commonwealth.
Chapter 2: Section 5. Coat of arms, seal and flags of commonwealth; state secretary as custodian; conformance to specifications; use and display regulations Section 5. The state secretary shall be the custodian of the coat of arms, seal and flags of the commonwealth and all representations of said arms, seal and flags shall conform strictly to the specifications which shall be prepared under the direction of the state secretary in the year nineteen hundred and seventy-one and deposited in his office. The proper use and display of said arms, seal and flags of the commonwealth and their manufacture are hereby subject to such regulations relating thereto which the state secretary may from time to time issue, provided that such regulations shall be in conformity with all the relevant legislation of the United States and of the commonwealth.
Chapter 2: Section 50. Children’s author and children’s illustrator of commonwealth Section 50. The author Theodor Geisel, better known as Dr. Seuss, shall be the official children’s author and children’s illustrator of the commonwealth.
Chapter 2: Section 51. Donut of commonwealth Section 51. The Boston Cream Donut shall be the official donut of the commonwealth.
Chapter 2: Section 52. District tartan of the commonwealth Section 52. The Bay State Tartan shall be the official District Tartan of the commonwealth.
Chapter 2: Section 53. Colors of commonwealth Section 53. Blue, green and cranberry shall be the official colors of the commonwealth.
Chapter 2: Section 6. Flags of the United States and commonwealth; display Section 6. The flag of the United States and the flag of the commonwealth shall be displayed on the main or administration building of each public institution of the commonwealth. The flags shall be of suitable dimensions and shall be flown every day when the weather permits.
Chapter 2: Section 6A. Commonwealth flag; flying at half-staff Section 6A. The flag of the commonwealth shall be flown at half-staff at or on the main or administration building of each public institution of the commonwealth, at or on each other state-owned or state-controlled building, and at all state military installations on the following occasions for the periods indicated:—(a) On all occasions upon which the national flag is flown at half-staff and for the same period of time;(b) On the death of a governor or ex-governor of the commonwealth for thirty days from the day of death;(c) On the death of a lieutenant-governor, secretary, treasurer and receiver-general, attorney general, or auditor of the commonwealth, from the day of death until sunset of the day of interment;(d) On the death of a senator in congress from the commonwealth, from the day of death until sunset of the day of interment;(e) On the death of a representative in congress from the commonwealth, the flag of the commonwealth shall be flown at half-staff at the aforementioned sites in the representative’s congressional district from the day of death until sunset of the day of interment;(e1/2) On the death of a member of the general court, the flag of the commonwealth shall be flown at half-staff from the day of death until sunset of the day of interment at the aforementioned sites in the member’s representative district on the death of a member of the house of representatives, and the member’s senatorial district on the death of a member of the senate.
(e3/4) On the death of a former member of the general court, the flag of the commonwealth shall be flown at half-staff from the day of death until sunset of the day of interment in accordance with such orders or instructions as may be issued by or at the direction of the governor after consultation with the speaker of the house of representatives on the death of a former representative in the general court, or with the president of the senate, on the death of a former state senator.
(f) In the event of the death of other elected officials or former elected officials of the commonwealth, from the day of death until sunset of the day of interment in accordance with such orders or instructions as may be issued by or at the direction of the governor; and(g) In the event two or more of the aforementioned periods coincide in full or in part, the state flag shall be displayed at half-staff for such period as will comply with the above provisions without resulting in an additional and separate period of such display for each such death.
Chapter 2: Section 7. Flower or floral emblem of commonwealth; protection; penalty Section 7. The mayflower (epigaea repens) shall be the flower or floral emblem of the commonwealth. Any person who pulls up or digs up the plant of the mayflower or any part thereof, or injures such plant or any part thereof except in so far as is reasonably necessary in procuring the flower therefrom, within the limits of any state highway or any other public way or place, or upon the land of another person without written authority from him, shall be punished by a fine of not more than fifty dollars; but if a person does any of the aforesaid acts while in disguise or secretly in the nighttime he shall be punished by a fine of not more than one hundred dollars. The provisions of this section shall be enforced by all officers in the division of law enforcement in the department of fisheries, wildlife and environmental law enforcement.
Chapter 2: Section 8. Tree or tree emblem of commonwealth Section 8. The American elm (Ulmus americana) shall be the tree or tree emblem of the commonwealth.
Chapter 2: Section 9. Bird or bird emblem of commonwealth Section 9. The chickadee (Penthestes atricapillus) shall be the bird or bird emblem of the commonwealth.
Chapter 4: Section 1. Effective date of statutes Section 1. A statute enacted by the general court which may be made the subject of a referendum petition and which is declared therein to be an emergency law, unless otherwise expressly provided therein, shall take effect as soon as it has the force of a law conformably to the constitution. A statute so enacted which may not be made the subject of such a petition and for which a different time of taking effect is not therein expressly provided shall take effect as soon as it has the force of a law as aforesaid if it is declared therein to be an emergency law, otherwise on the thirtieth day next after the earliest day on which it has the force of a law as aforesaid; provided, that a statute so enacted which may not be made the subject of such a petition and which is to take effect upon its acceptance by a municipal or other corporation or by any board or officer thereof, unless otherwise expressly provided therein, shall, for the purpose of such acceptance only, take effect as soon as it has the force of a law as aforesaid.
Chapter 4: Section 1A. Reorganization plans for executive department Section 1A. Any plan presented to the general court by the governor, purporting to be a reorganization plan as provided for under Article LXXXVII of the amendments to the constitution, which does not contain a bill in which is incorporated such amendments of general and special laws, or repeals thereof, as will accomplish the desired reorganization, shall not be deemed to be a reorganization plan within the meaning of said Article LXXXVII.
Chapter 4: Section 2. Effective date of resolves Section 2. A resolve, unless otherwise expressly provided therein, shall take effect as soon as it has the force of a law conformably to the constitution.
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