MASSACHUSETTS SENATE

LEGISLATIVE DRAFTING AND LEGAL MANUAL

Third Edition
2003
Counsel to the Senate
State House, Room 200
Boston, MA 02133
722-1470
April 2003
Dear legislative drafter:
The Senate Counsels office has prepared the third edition of this Manual to help
legislative lawyers and other staff who are drafting or reviewing bills for the
Massachusetts Senate. We hope you will find it useful.
Its purpose is to promote uniformity in drafting style, and to make the resulting
statutes clear, simple and easy to understand and use. Part 2 also contains a collection
of useful legal information about legislation. This Manual is not a substitute for
advice and drafting assistance from the Senate Counsels office. Rather, we hope it
will encourage you to call or visit this office for further help.
The Counsels office welcomes any corrections, suggestions for improvement and
other comments.
Sincerely,
David E. Sullivan

TABLE OF CONTENTS
Part 1: Drafting Pointer
A. Basic principles.
Simplicity
Conciseness
Consistency

Directness
Ordinary English
Appropriate Material for Inclusion
Outdated terminology
Revision

B. Bill Organization
Basic organization
Title
Legislative statements
Sections
Items and subsections
C. Sentence structure
Parallel structure
Subject
Verbs
Finite verbs
Use of infinitives
Modifiers
Provisos
D. Other grammatical issues
Numbers
Gender
Capital letters
Spelling of particular words
Punctuation
E. Use of particular words
And and or
Shall and may
Which and that
Avoid the provisions of
Use of the phrase of the General Laws
F. Particular provisions
Statutes in the General Laws
Transition
Effect on present relationships
Severability
Establishing an agency
Appendix A. Division of Sections
Appendix B. Sample Forms
Appendix C. Use Simple Language
Part 2: Related Legal Issue
A. Effective Dates and Emergency Preambles
B. Governors Vetoes and Recommended Amendments
C. Home Rule Petitions
D. Special Enactment Requirements
E. Separation of Powers
F. Money Bills

G. Local Mandates
Part 3: Assistance from the Senate Counsels Office
A. Legislation
B. Resolutions
C. Research and advice
D. Library
Form: Request for Draft Legislation
Index

Part 1
Drafting Pointers
Drafting legislation is an art, not a science. A well drafted bill results, not from
slavishly following numerous arbitrary rules, but rather from thorough knowledge of
the subject, careful attention to detail, and adherence to such common-sense
principles as simplicity, clarity and good organization.
That is the spirit in which we offer the following pointers. We hope that their
use will also promote uniformity in style, within the Senate Counsels office and
elsewhere in the Senate. We also hope they will result in laws that are easier to read
and to use.
A. Basic principles

Simplicity.

1. Select short, familiar words and phrases that best express the intended
meaning according to common and approved usage. Avoid legalese. The language
of a statute should be dignified, not pompous. Examples: Use after, instead of
"subsequent to"; use "before" instead of "prior to". See Appendix C for a
comprehensive list of examples.
2. Do not use both a word and its synonym.
3. Use a pronoun only if its antecedent is unmistakable. Repeat the noun rather
than use a pronoun unless the antecedent is a series of nouns.
4. Make free but careful use of possessive nouns, for example the governors
office, the departments regulation.
5. Avoid using "aforesaid", "hereinabove", "withheld", "whatsoever", or
similar ancient words of reference or emphasis.
6. Do not use "any", "each", "every", "all", or some if "a" "an" or "the" can
be used with the same result.
7. Do not use "and/or". Use or to mean any one or more.

8. Do not use "deem" for "consider".

9. Do not use "he/she". Use gender-neutral terms.
10. Try to use the, this or that rather than said (except when citing a
statute).

Conciseness.
1. Omit needless language.
2. If a word has the same meaning as a phrase, use the word.
3. Use the shortest sentence that conveys the intended meaning.

Consistency.

l. Be consistent in the use of language throughout the bill. Do not use the same word
or phrase to convey different meanings. Do not use different language to convey the
same meaning.
2. Be consistent in the arrangement of comparable provisions. Arrange in the same
way sections containing similar material.

Directness.

If a concept can be expressed positively or negatively, express it positively.

Ordinary English.

Draft in ordinary English. Try to avoid words that might be considered slang. Also try
to avoid using a sophisticated word when a simple word will convey the same
concept. Abbreviations and contractions generally should not be used. In rare
instances where an abbreviation is employed, insert a definition of the abbreviated
term.

Appropriate material for inclusion.

1. It is usually best not to include material that has no legal effect in a bill.
2. A statement of purpose or occasional example may, however, be helpful to
users, including courts interpreting the act.
3. Information regarding the details of state agency policies is best saved for agency
administrative rules. The statutes should set forth legislative policies.

Outdated terminology.

Change or remove questionable, imprecise or outmoded words or terminology,

including names of state agencies.

Revision.

After completing the draft of a bill, revise it carefully and critically. Lay the revision
aside for a time. Then revise the revision. There is no substitute for time and
thoroughness.
Review each use of a defined term to make sure it is used consistently in its defined
sense.
B. Bill organization

Basic organization.

1. Organize the bill in the most useful and logical format for the reader. Avoid an
organization that requires an understanding of a later section in order to understand an
earlier section. Group all sections dealing with a common subject matter.
2. Following is a suggested order of arrangement of a bill or of a chapter of the
General Laws:
a. Short title.
b. Preamble; findings; purpose.
c. Definitions.
d. Scope, exceptions, and exclusions, if any.
e. Creation of an agency or office.
f. Administration and procedural provisions.
g. Substance (state positive requirements in order of time, importance, or other logical
sequence).
h. Prohibitions and penalties.
i. Repeals.
j. Saving and transitional provisions to existing relationships, if any.
k. Effective dates.
3. The most important requirement is that the bill be organized in the format most
useful to the reader. For an example of organizing a recently inserted section of the
General Laws, see the Small Necessities Leave Act (adapted from G.L. c. 149,
52D) in Appendix A.

Title.

Use a short, descriptive title for every bill. Examples:

An Act regulating firearms.
An Act establishing the department of social services.
Traditionally, the infinitive form is not used. For example, do not say: An
Act to regulate firearms. Say: An Act regulating firearms.

Legislative statements.

It is sometimes helpful to include language stating the purpose of a bill or reciting

legislative findings of facts upon which a bill is predicated. This language may assist
a court or agency in ascertaining the legislative intent when applying or interpreting
the law. It may be appropriate to include this language in the first section of a chapter
of the General Laws or of an uncodified bill.

Sections.

1. Number sections with Arabic numerals consecutively throughout the bill or

chapter. In a bill, the sections are identified using all capitals, as in "SECTION 2." In
chapters of the General Laws, sections are identified with an initial capital and the rest
in lower case, as in "Section 2."
2. Use short sections or subsections. Use a separate section or subsection for each
separate topic.
3. Divide a section that covers a number of contingencies, alternatives, requirements,
or conditions into subsections and paragraphs, as necessary
4. Designate each subsection, paragraph, subparagraph or clause by a letter or number
in accordance with Appendix A.
5. See Sample Form for bills in Appendix B.

Items and subsections.

1. Break a sentence into its parts and present them in itemized form if this will help
the reader.
2. Use a single "or" to indicate the disjunctive and a single "and" to indicate the
conjunctive, at the end of the next-to-last item in a series. Use a semicolon at the end
of each item in the series. The first letter of each item in the series is not capitalized
unless the item is a complete sentence.
3. As an alternative to using "or" or "and" to indicate the disjunctive or conjunctive in
a series, use a phrase in the introductory clause of the series that clearly expresses
how many of the following items are to be included, such as: "any of the following",
"one of the following", "all of the following", or "any one or more of the following".
4. Do not include in the last item of a tabulation language that qualifies all of the
items.
5. Do not place a sentence or paragraph after a tabulation. If the sentence or
paragraph is not a part of the tabulated series, draft it as a separate subsection or
paragraph. If possible, designate it as a new subsection.
C. Sentence structure

Parallel structure.

Use of correct parallel structure aids comprehension. For example, do not say "A copy
may be obtained by mail or if a person appears personally." Instead, say "A person
may obtain a copy by mail or by appearing personally.

Subject.

Unless it is clear from the context, use as the subject of each sentence the person or
entity to whom a power, right or privilege is granted or upon whom a duty, obligation,
or prohibition is imposed.

Verbs.

1. Use the present tense and the indicative mood.

2. Avoid use of the passive voice.
3. The singular is sometimes simpler and clearer than the plural. For example: "A
possibility of reverter is subject to limitations in the document that creates it." is
preferable to Possibilities of reverter are subject to limitations in the documents that
create them. However, use the plural if its use is the least awkward solution,
especially to avoid gender-specific pronouns.

Finite verbs.

If possible, use finite verbs instead of their corresponding participles, infinitives,

gerunds or other noun or adjective forms. Do not say "give consideration to"; say
"consider". Do not say "is applicable"; say "applies".

Use of infinitives.

Avoid split infinitives. They often undermine the clarity of the law. If qualifying
words separate infinitive phrases repeat "to" in each phrase; if no qualifying words
intervene, do not repeat "to".

Modifiers.

If a modifier is intended to affect all terms in a series, the terms should be linked
together with the conjunctive "and" or the disjunctive "or". If a modifier is intended to
affect only one term, the modifier should be placed immediately before or after the
term and the other terms in the series should be set off with commas or semicolons.

Provisos.

Provisos (which usually begin provided, that) are acceptable, especially in

line items of appropriation bills. But, because they unnecessarily complicate sentence
structure, try to avoid them. Instead, depending on context, begin the new clause with
but or if, or simply start a new sentence.
D. Other grammatical issues

Numbers.

Use numerals rather than words for numbers in the text of bills and resolutions. This
includes dates, times, dollar amounts, percentages and citations to the chapter and
section numbers of statutes.
For example:

This act shall take effect on July 1, 1997.

Violation of section 23 or of this section shall be punished by a fine of not more

than $500.

The document shall be filed not later than 5:00 p.m.

Section 2 of chapter 123 of the General Laws is hereby repealed.

The amount shall increase by 3 per cent annually.

Use numerals even for numbers from 1 to 10 (this is for consistency and is the
practice followed in the United States Code). The only exceptions, consistent with
ordinary English usage, are to use words for numbers that begin a sentence, and for
ordinal numbers (like fiftieth and eighty-fourth).
For example:

The board shall consist of 9 members.

Twelve members of the board shall constitute a quorum.

They shall conduct a census every tenth year.

Gender.

Avoid using gender-based personal pronouns whenever possible. Note that G.L. c. 4,
6 now provides that words of one gender may be construed to include the other
gender and the neuter.
Try to minimize the need for gender-based pronouns. Repeat the noun, or use the
plural form, selecting the least awkward solution. Passive voice may be used if the
actor remains clear.

Capital letters.

1. The normal rules of capitalization do not necessarily apply to language in the

statutes. Traditionally, Massachusetts statutory usage requires lower case whenever
possible. Avoid using capitals except for proper names. The following guides will
assist in determining when and when not to capitalize.

2. Proper name, place or designation:

Atlantic Ocean
Bang'
s Disease
Connecticut river
Essex County
Lake Quinsigamond

Great Lakes
Camp Hiawatha
City of Boston
World War II
Bowdoin street

3. Nation or nationality:
English Language
Indian Reservation
American Indian

anti-British
Spanish-American War
un-American

4. Church, religious organization or memorial:

Christian Science Church
Forest Home Cemetery

Roman Catholic Church

Episcopal Church

5. Political party:
Democratic Party
Socialist Party

Republican Party
American Liberty Party

6. State agency, department or institution:

department of social services
commissioner of insurance
Massachusetts veterans home investment board
registry of motor vehicles
general court
7. Federal agency or department (capitalize agency names):
federal Department of Housing and Urban Development
9. Organization, society or lodge:
American Veterans of World War II
Womens Christian Temperance Union
Loyal Order of Moose
10. Book or publication:
Newsweek magazine

Atlas

11. Act or law when referred to in body of an act or resolve:

"section 2 of chapter 90 of the General Laws"

"section 1 of chapter 300 of the acts of 1986"

section 101 of the federal Family and Medical Leave Act of 1993, 29 U.S.C. section
2611
12. Legal holiday:
Christmas
Memorial Day

Independence Day
Labor Day

13. Capitalize the names of all funds:

General Fund

Commonwealth Stabilization Fund

14. Lower case in statutes:

attorney general
president of the United States
constitution
supreme judicial court
congress
superior court
governor
district court
general court

Spelling of particular words.

The following uniform spellings are suggested:

By-Law Full-Time
Firefighter Part-TIme
Percent

Punctuation.

1. Punctuate carefully. Changing a comma can change the entire meaning of a

sentence.
2. Ordinarily, do not use a comma before "and" to separate the last of a conjunctive
series of three or more words, phrases, or clauses in a sentence. Example: men,
women and children".
3. Ordinarily, do not use a comma before "or" to separate the last of a disjunctive
series of three or more words, phrases or clauses in a sentence.
4. Use a colon to introduce a list of items.
5. Try to avoid using parentheses except in the designating of section divisions.
Example: "subsection (a)".

6. Do not use brackets as punctuation.

7. Use quotation marks when defining a word or phrase.
Example: "In this section, cost of construction shall mean...."
8. Place a period or comma outside the last quotation mark, unless the entire sentence
is quoted; in that case, the period appears inside the quotation marks.
9. Use commas for clarity, especially to set off an introductory phrase or clause, or to
separate independent clauses. Example: The committee shall have several
responsibilities, including but not limited to analyzing cases and recommending
possible reforms.
E. Use of particular words

And and or.

And means all of a list of items. Or means any one or more of a list of
items. Do not use and/or; use or instead.

Said and such.

In general, avoid use of said and such. (Said may be used to refer to a
previously cited statute.) Instead, use the if the reference is unambiguous.
Otherwise, use this, that, these or those.

Shall and may.

1. A duty, obligation, requirement, or condition precedent is best expressed by

"shall".
2. Use "shall" if the verb it qualifies is in the active voice. Example: "The aggrieved
party shall file (active verb in active voice) the application."
3. Use "may" to confer a power, privilege, or right.
Examples "The applicant may demand (power) an extension of time".
"The applicant may appeal (right) the decision."
4. Use "shall not" to express a prohibition.
5. Avoid using hortatory qualifiers, such as "will", "should" and "ought", in the text of
a bill.

Which and that.

1. Use "which" to introduce a nonrestrictive clause.

Example: "An applicant shall sign the application, which need not be verified.
2. Use "that" to introduce a restrictive clause modifying the nearest antecedent.
Example: "An applicant may apply to renew a license that has been revoked.

Avoid the provisions of.

Instead of the wordy in accordance with the provisions of this section, say
under this section.

Use of the phrase of the General Laws".

Do not use the phrase "of the General Laws" in the text of General Laws unless
necessary to distinguish other references. In those parts of the acts and resolves that
will not be incorporated into the General Laws, when you wish to refer to a section of
the statutes, the reference should read, for example, "as required by chapter 6 of the
General Laws or "subject to review under chapter 227 of the General Laws".
F. Particular provisions

Statutes in the General Laws.

Codify in the General Laws statutes that apply throughout the Commonwealth
and are not certain to be temporary. Otherwise, the provisions belong in a special
act. Try to avoid putting effective dates and other transitional provisions in the text
of the General Laws; put them in a separate, uncodified section at the end of the bill.

Transition.

An essential step in the preparation of a bill is to determine the effect the bill would
have on existing rights, liabilities, and proceedings. Draft any savings clauses and
transitional provisions that are necessary to provide appropriate rules governing these
matters. If existing rights are preserved, it may be desirable to require that they be
asserted within a short, specified period after the effective date of the bill. For an
example of a transition provision when new agencies replace old ones, see St. 1996, c.
151, 634.
Appropriate savings clauses and transitional provisions make it possible for a bill to
take effect with minimum disruption of existing expectations and liabilities. Great
care must be exercised in drafting these clauses.

Effect on present arrangements.

Give consideration to the effect of a bill on existing relationships, whether they are
business, personal, or governmental. "Grandfather" provisions are commonly used to
resolve similar conflicts. Make a careful check of current laws.

Severability.

Avoid using a severability clause. Since G.L. c. 4, 6(11) provides for severability,
no further language is necessary. Nor is it useful, because use in some acts but not
others may create a negative implication that severability is not intended in acts where
the language does not appear.

Establishing an agency.

Use simple language in the present tense to create or establish an agency,

commission, or office. Example: "There shall be a division of patient protection in
the department of public health."

APPENDIX A. DIVISION OF SECTIONS .

Sections of the General Laws should be divided in a consistent manner. Following is
a suggested pattern:
Section 1.
(a)
(1)
(i)
(A)
Example (adapted from the Small Necessities Leave Act, G.L. c. 149,

52D):

Section 52D. (a) As used in this section, terms shall have the meanings assigned to
them by the federal act, notwithstanding any contrary provision of section 1 of this
chapter. In addition, the following terms shall have the following meanings:
"Elderly relative", an individual of at least 60 years of age who is related by blood or
marriage to the employee, including a parent.
"Federal act", sections 101 to 105, inclusive, of the Family and Medical Leave Act of
1993, 29 U.S.C. sections 2611 to 2615, inclusive, as it may be amended.
"School", a public or private elementary or secondary school; a Head Start program
assisted under the Head Start Act, 42 U.S.C. sections 9831 et seq.; and a children'
s
day care facility licensed under chapter 28A.
(b) An eligible employee shall be entitled to a total of 24 hours of leave during any
12-month period, in addition to leave available under the federal act, to:
(1) participate in school activities directly related to the educational advancement of a
son or daughter of the employee, such as parent-teacher conferences or interviewing
for a new school;
(2) accompany the son or daughter of the employee to routine medical or dental
appointments, such as check-ups or vaccinations; and
(3) accompany an elderly relative of the employee to:
(i) routine medical or dental appointments; or
(ii) appointments for other professional services related to the elder'
s care, such as
interviewing at nursing or group homes.

(c) Unless this section provides otherwise, the federal act shall apply to leave under
this section. As provided in section 102(d)(2)(A) of the federal act, 29 U.S.C. section
2612(d)(2)(A), an eligible employee may elect, or an employer may require the
employee, to substitute any of the accrued paid vacation leave, personal leave, or
medical or sick leave of the employee for any of the leave provided under this section,
but nothing in this section shall require an employer to provide paid sick leave or paid
medical leave in any situation in which the employer would not normally provide any
such paid leave. Leave under this section may be taken intermittently or on a reduced
leave schedule.
(d) If the necessity for leave under this section is foreseeable, the employee shall
provide the employer with not less than 7 days'notice before the date the leave is to
begin. If the necessity for leave is not foreseeable, the employee shall provide such
notice as is practicable.
(e) An employer may require that a request for leave under this section be supported
by a certification issued at such time and in such manner as the attorney general may
by regulation require.
(f) The attorney general shall enforce this section, and may obtain injunctive or
declaratory relief for this purpose. Violation of this section shall be subject to the
second paragraph of section 150 and to section 180.

APPENDIX B. SAMPLE FORMS .

A. Bills amending the General Laws
1. To insert a new chapter:
SECTION 1. The General Laws are hereby amended by inserting after chapter 156
the following chapter:CHAPTER 156A.
BUSINESS VENTURES.
Section 1. No person shall ..................
2. To insert a section :
SECTION 2. Said chapter 156A is hereby amended by inserting after section 1 the
following section:Section 1A. After this hearing ...............
[Note: You do not need to use the phrases as appearing in the 2002 Official Edition
or as so appearing if you are inserting or adding a new section in an existing chapter
of the General Laws.]
3. To strike out or repeal a section :
SECTION 3. Section 2 of said chapter 156A is hereby repealed.
[Note: You do not need to use the phrases as appearing in the 2002 Official Edition
or as so appearing if you are repealing a section of the General Laws.]
4. To revise or replace a section :
SECTION 4. Said chapter 156A is hereby further amended by striking out section 3,
as appearing in the 1996 Official Edition, and inserting in place thereof the following
section:Section 3. In a city or town with a population ...........
5. To insert a paragraph :
SECTION 5. Section 4 of said chapter 156A, as so appearing, is hereby amended by
inserting after the first paragraph the following paragraph:If a firefighter injured while ..........
6. To revise or replace a paragraph :

SECTION 6. Section 5 of said chapter 156A, as so appearing, is hereby amended by

striking out the third paragraph and inserting in place thereof the following
paragraph:A person who violates this section ...........
7. To insert a word :
SECTION 7. Section 1 of chapter 189 of the General Laws, as appearing in section 2
of chapter 341 of the acts of 1997, is hereby amended by inserting after the word
"travel", in the first sentence, the following words:- to or from the area of ................
[Note: If you are inserting a word or words with a reference to a word and a line
number or sentence in a statute, as in item 7 above, the actual line number or sentence
is set off by commas after the word being cited as a reference point.]
8. To strike out words:
SECTION 8. Section 108 of chapter 175 of the General Laws, as appearing in
the 2002 Official Edition, is hereby amended by striking out, in line 469, the words
for any claim relating to dental services.
[Note: If you are striking out words in a statute with reference to a line number, the
line number is set off by commas before the words being stricken.]
[Other notes:
a. The phrase as appearing in the 2002 Official Edition follows the reference to the
section and chapter of the General Laws being affected. Example: Section 2 of
chapter 111 of the General Laws, as appearing in the 2002 Official Edition, is hereby
amended by adding the following paragraph:-
b. As paragraphs 4, 5 and 6 above demonstrate, the phrase as so appearing should
be used instead of as appearing in the 2002 Official Edition if the previous bill
section also contains a reference to the Official Edition.
c. If the provision of the General Laws that you are amending has been inserted or
amended after the most recent Official Edition of the General Laws, include a
reference to the act that made the most recent amendment. Example: Chapter 32A of
the General Laws is hereby amended by inserting after section 17G, inserted by
section 1 of chapter 81 of the acts of 2000, the following section:-.
B. Bills amending special acts
SECTION 9. Section 25 of chapter 16 of the acts of 2002 is hereby amended by
striking out, in line 3 of the second paragraph, the word shall and inserting in place
thereof the following word:- may. [Count line numbers in each paragraph of the
official Acts and Resolves.]
C. Floor amendments of bills

1. Inserting a new text :

[Mr.] [Ms.] moves to amend the bill (Senate, No. 1234) by striking out all after the
enacting clause and inserting in place thereof the following text:"SECTION 1. Section 2 of chapter 156B of the General Laws is hereby.........."
2. Striking out a section :
[Mr.] [Ms.] moves to amend the bill (Senate, No. 1234) by striking out section 4.
3. Striking out a word:
[Mr.] [Ms.] moves to amend the bill (Senate, No.1234), in section 5, by striking out,
in line 14, the word "felony".
4. Revising a section :
[Mr.] [Ms.] moves to amend the bill (Senate, No. 1234) by striking out section 6 and
inserting in place thereof the following section:"SECTION 6. A person who violates this section shall be punished by....................."
5. Amending a pending amendment:
[Mr.][Ms.] moves to amend the pending amendment (No. 15, by [Mr.][Ms.]) by . . . .
D. Floor amendments of appropriation bills
(Note: since an appropriation bill is often the only major bill that the Senate is
considering at the time, referring to the bill number is usually not necessary.)
1. To revise an item :
[Mr.] [Ms.] moves to amend the bill, in section 2, by striking out item 3456-0010 and
inserting in place thereof the following item:"3456-0010 For the office of the director, including not more than twenty positions
..................$300,000".
2. To revise wording :
[Mr.] [Ms.] moves to amend the bill, in section 2A, in item 3456-0010, by striking out
the wording and inserting in place thereof the following wording:"For the office of the fire protection division; provided, however, that not more than
$1,000 may be expended for communication equipment, including not more than 20
positions."
3. To change figures in an item :

[Mr.] [Ms.] moves to amend the bill, in section 2A, in item 1359-0011, by striking out
the figure "$250,000" and inserting in place thereof the following figure:- "$130,000".
4. To insert a new item :
[Mr.] [Ms.] moves to amend the bill, in section 2A, by inserting after item 1234-0001
the following item:"1234-0002 For the King'
s Highway regional district, prior appropriation
continued......................................$1,000,000."
5. To change a word :
[Mr.] [Ms.] moves to amend the bill, in section 2B, in item 8129-3310, by striking out
the word "definite" and inserting in place thereof the following word:- "indefinite".
6. To strike out a word:
[Mr.] [Ms.] moves to amend the bill, in section 2, in item 1233-0022, by striking out
the word "definitive".

APPENDIX C. USE SIMPLE LANGUAGE.

Do not say:
absolutely null and void and of no effect
Accorded
adequate number of
adjudged, ordered, and decreed
admit of
Afforded
Aggregate
among and between
Approximately
at the place where
attempt (as a verb)
by means of

Say:
void
given
enough
adjudged
allow
given
total
among (if more than two involved);
between (if two or more but treated
individually)
about
where
try
by

calculate

compute

category

kind, class, group

cause it to be done

have it done

ceasecommence

stop

institute

start, begin

complete (as a verb)

finish

conceal

hide

consequence

result

constitute and appoint

appoint

contiguous to

next to

corporation organized & existing

under the laws of Massachusetts

a Massachusetts corporation

deemform
does not operate
to donate

consider
do
does not
give

during such time as

while

during the course of

during

endeavor (as a verb)

try

enter into a contract with

contract with

evidence, documentary and

evidence

otherwise

show

evince

but

except that

too many

excessive number of

end

expiration

fail

fail, refuse and neglect

possible

feasible

during (or, while)

for the duration of

to hold

for the purpose of holding

because

for the reason that

immediately

forthwith

often

frequently

full

full and adequate (or, full and

after this.........takes effect

complete)
hereafter

in this act (or section or item)

before this...........takes effect

herein
heretofore
in accordance with

under

in the event that

if

in the interest of

for

initiate

begin

is able to

can

is applicable

applies

is authorized and directed

shall

is authorized to

may

is binding upon

binds

is directed

shall

is entitled (in the sense of has the name) is called

is unable to

cannot

it is the duty

shall

it shall be lawful to

may

law passed

enacted

manner

way

maximum

most, largest, greatest

minimum

last, smallest

modify

change

negotiate (in the sense of enter into a

contract)

make

obtain
occasion (as a verb)
of a technical nature
on his application
on the part of
or, in the alternative
party of the first part

get
cause
technical
at his request
by
or
(the party'
s name)
per year

per annum

per cent

per centum

part

portion

have or had

possessed

keep

preserve

earlier or before

prior or prior to

go, go ahead

proceed

obtain, get

procure

carry on its business

prosecute its business

law

provision of law

buy

purchase (as a verb)

under

pursuant to

rest

remainder

give

render (in the sense of give)

Part 2
Related Legal Issues
A. Effective Dates and Emergency Preambles.
1. In Massachusetts, a bill becomes law when the Governor signs it or when both
houses of the Legislature, each by a two-thirds roll call vote, pass it over the
Governors veto. Article 48 of the Amendments to the state Constitution, G.L. c. 4,
1 and 2, and sometimes the law itself, determine when the law takes effect, once
it has become law.
2. Article 48 establishes the earliest time when the Legislature may make a law take
effect, as follows:
(a) Ordinarily (unless the Constitution expressly excludes the subject matter of the
law from the Referendum), a law may not take effect until 90 days after it becomes
law, to allow time for voters to file a referendum petition suspending it and placing
the question of its repeal on the next regular state election ballot.
(b) The Constitution says a law is not subject to the Referendum, and therefore may
have the force of law immediately, if the law:

relates to religion, religious practices or religious institutions;

relates to the appointment, qualification, tenure, removal or compensation of
judges;
relates to the powers, creation or abolition of the courts;
is restricted in its operation to a particular town, city or other political division
or to particular districts or localities of the commonwealth; or
appropriates money for the current or ordinary expenses of the commonwealth
or for any of its departments, boards, commissions or institutions.
(c) Laws that are subject to the Referendum and contain an emergency
preamble may also take effect as soon as they become law. If a law does not
contain an emergency preamble, the Governor may attach a statement of
emergency and then the law may take effect when the state Secretary receives
the statement.
(d) Like ordinary bills, outside sections of appropriation bills that are not
sufficiently related to appropriations are separately subject to the
Referendum, and so may not take effect until 90 days after they have the force
of law, unless they are not subject to the Referendum, or are the subject of an
emergency preamble or a Governors emergency letter. Sutton Corporation v.
Metropolitan District Commission, 423 Mass. 200, 214 (1996). Therefore, the
Senate and House Counsels advise that, if an appropriation bill includes
arguably unrelated outside sections intended to take effect immediately, the
bill should contain an emergency preamble.

3. Once Article 48 allows a law to take effect, it takes effect immediately, unless
either:
(a) it contains a provision making it effective at some other time. Such an effective
date is often in the last section of a law.
(b) it is not subject to the Referendum and contains no other effective date. In this
case, it takes effect 30 days after it becomes law.
4. Summary:
(a) To take effect immediately, a law must:
(1) (if it is subject to the Referendum) contain an emergency preamble or have a
Governors emergency letter;
(2) (if it is excluded from the Referendum) contain a provision making it effective
upon passage. For example, the last section of a purely local law will say: This act
shall take effect upon its passage.
(b) Otherwise, a laws effective date is delayed:
(1) by 90 days, if it is subject to the Referendum and contains no later effective date;
(2) by 30 days, if it is excluded from the Referendum and contains no other effective
date;
(3) until some later date contained in the new law itself.
5. When counting days, the day of the governor'
s approval is excluded. In the case of
a legislative override of a veto, the day of the override is excluded.
6. The usual form of an emergency preamble is:
Whereas, the deferred operation of this act would tend to defeat its purpose, which is
forthwith to [state the purpose, including some reference to the reason for immediate
effect], therefore, it is hereby declared to be an emergency law, necessary for the
immediate preservation of the public [peace, health, safety, or convenience]."
B. Governors Vetoes and Recommended Amendments.
After the Legislature enacts a bill and lays it before the Governor, the Governor has
ten days to sign it, veto it or return it to the Legislature with recommended
amendments. See Mass. Const. pt. 2, c. 1, < 1, art. 2, as amended by amend. art. 90,
1; amend. art. 56, as appearing in amend. art. 90, 3. If the Legislature prorogues
or ends its annual session before the ten days expire, the Governor may pocket veto
a bill simply by not signing it. Mass. Const. amend. art. 1, as appearing in amend. art.
90, 2.

At least since 1996, the Senate and House Counsels have expressed the opinion that
this ten-day period includes Sundays and holidays, even if they fall on the tenth day.
See Opinion of the Justices, 291 Mass. 572, 575 (1935); letter to Brackett B.
Denniston III (Governors Chief Legal Counsel) from Louis A. Rizoli (House
Counsel) and David E. Sullivan (Senate Counsel), July 10, 1996. Since 1996, the
Governor has always acted within this short ten-day period.
For appropriation bills, the Governor has certain additional powers. A bill makes an
appropriation if any part of it sets apart a certain sum of public money for a particular
purpose, so that an executive-branch officer may expend it without further legislative
action. Slama v. Attorney General, 384 Mass. 620, 625 (1981). So for these
purposes, in addition to regular budget bills, appropriation bills may include bond
authorization bills and bills directing revenue to a trust fund for expenditure without
further appropriation.
In appropriation bills, the Governor may separately veto or reduce the dollar amount
of line items and may veto certain language in line items. See Mass. Const. amend.
art. 63, 5, as appearing in amend. art. 90, 4. But the Governor cannot separately
veto line-item language that imposes conditions or restrictions on appropriated funds,
thus freeing appropriated funds for purposes the Legislature did not approve. Opinion
of the Justices, 419 Mass. 1201 (1994). The Governor may veto such a restriction
only if he also reduces the funds appropriated in that item by the amount for the
vetoed provision. Of course, he may also veto the entire item.
The Governor may also separately veto individual outside sections of appropriation
bills, if they are not closely related to appropriations, but he cannot veto part of an
outside section. Opinion of the Justices, 411 Mass. 1201, 1215-16 (1991). And the
Governor may return with recommended amendments either an entire appropriation
bill or a separate outside section of such a bill (again, if the section not closely related
to appropriations). Alliance v. Secretary of Administration, 413 Mass. 377, 384-85
(1992).
When the Governor returns any bill with recommended amendments, the Legislature
may accept or reject the Governors amendments, or adopt any other amendment, and
then re-enact the bill. No two-thirds or rollcall vote is needed, unless the Constitution
requires it for some other reason (e.g., borrowing, see part 2.D. below). The Governor
then has his usual veto power over the reenacted bill, but may not recommend further
amendments.
The Legislature may override any veto (or line-item reduction) by a two-thirds rollcall
vote of both houses.

C. Home Rule Petitions.

1. Under what circumstances is local approval required?
Section 8 of the Home Rule Amendment (Mass. Const. amend. art. 2, as appearing in
amend. art. 89) requires special procedures --either prior local government approval
or a two-thirds vote by each house following the Governor'
s recommendation -- when
the Legislature acts "in relation to" a single city or town.
The Supreme Judicial Court has held that this restriction on legislative power "is to be
narrowly construed," and in two recent cases emphasized that it does not prevent
legislation on state, regional or general matters. Clean Harbors of Braintree, Inc. v.
Board of Health, 415 Mass. 876, 881 (1993); Gordon v. Sheriff of Suffolk County, 411
Mass. 238, 244 (1991).
In Gordon, the court upheld provisions of the FY 1992 main budget transferring the
new Suffolk County House of Corrections from the Boston penal institutions
department to the Suffolk County sheriff. Recognizing that "[o]peration of county
correctional facilities has always been a matter of State and general concern," 411
Mass. at 246, the court concluded that the legislation'
s "special effect on Boston'
s
penal institution'
s department . . . neither diminishes its broader purpose nor serves to
make the Home Rule Amendment applicable." Id. at 245.
In the Clean Harbors case, the court upheld a law exempting pre-existing facilities
from a statute requiring local boards of health to approve sites for certain hazardous
waste facilities. Even though site proceedings were pending before the Braintree
Board of Health and the court assumed that the new exemption applied in fact only to
this single facility, there was no violation of section 8 because "the waste treatment
performed at [this] facility is certainly a matter of State, regional and general
concern." 415 Mass. at 882.
On the other hand, the court invalidated an appropriation item that sought to condition
distribution of funds to Boston, but no other municipality, on the citys maintaining a
certain level of police and fire services. Mayor of Boston v. Treasurer and Receiver
General, 384 Mass. 718 (1981).
2. How often must local approval be obtained?
The longstanding policy of the Senate is that whenever a new petition for local
legislation is filed in a new Legislature, it ordinarily must be based upon a new local
approval not the old local approval used to file a bill in a previous Legislature.
3. What constitutes local approval?
Section 8(1) of the Home Rule Amendment provides that the Legislature may enact
special laws relating only to a single city or town "on 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 of a town".

Direct voter approval is allowed if the city or town charter provides for the local
initiative (or for a referendum to review approval by the local legislative body). E.g.,
G.L. c. 43, 37-44 (procedures in plan cities). Opinion of the Justices, 370 Mass.
879 (1976); Marino v. Town Council, 7 Mass. App. Ct. 461 (1979).
Otherwise, the local approval must be by vote of the city or town council (with the
mayors approval if the charter requires it for other municipal legislation) or town
meeting. In two advisory opinions to the Legislature, the Justices of the Supreme
Judicial Court have interpreted section 8(1) to require approval by "the responsible
legislative body of the municipality." Opinion of the Justices, 375 Mass. 843, 845
(1978); Opinion of the Justices, 365 Mass. 655, 658 (1974). In both cases, the
Justices consulted the municipality'
s charter to ascertain what procedures it required
for other local legislation, and advised that section 8 required those same procedures
to be followed for approving home rule petitions: "8 evinces no intention to
prescribe different legislative procedures for a [home rule petition] from the
procedures otherwise followed by the [municipal] legislative body." 365 Mass. at
659-60 (bill allowing town manager or administrator in "town council" municipalities
to veto home rule petitions violated 8, because this official "has no such power in
any other legislative context" under the charter). See 375 Mass. at 845-46
(Cambridge'
s "Plan E" Mayor had no power to veto home rule petition, because Plan
E charter gives him "no legislative powers apart from those powers he possesses as a
member of the city council," including no veto power). But see Opinion of the
Justices, 429 Mass. 1201 (1999) (city council cannot override mayors veto of home
rule petition).
Before it can pass a special law based on a home rule petition, the Legislature must
have evidence of approval by the municipal legislative body. This should take the
form of a copy of the bodys vote (or a certificate of the voters vote on an initiative
measure), including the date, attested by the original signature of the city or town
clerk. At the very least, this vote must request some action by the Legislature or
General Court.
4. What amendments to home rule petitions are proper?
Courts applying section 8(1) of the Home Rule Amendment have held that the
municipal vote approving a home rule petition may be general or specific. Newell v.
Rent Board of Peabody, 378 Mass. 443, 446-48 (1979); Opinion of the Justices, 356
Mass. 775, 791 (1969); Nugent v. Town of Wellesley, 9 Mass. App. Ct. 202 (1980). If
the local approval is general (as it was in all three of these cases) -- or if the municipal
vote does not restrict amendments -- the Legislature has considerable freedom to
amend within the scope of the general public objectives of the petition. Opinion of
the Justices, 356 Mass. 775, 791 (1969). If the municipality wishes to restrict or
preclude legislative amendments to its proposal, the municipal vote must say so in
unambiguous terms.
Thus, in the view of Senate and House Counsel (in a March 24, 1998 memorandum to
city solicitors and town counsels), a municipality has essentially three options when it
approves a home rule petition:

(a) General vote. The municipal legislative body may approve a vote requesting
legislation to accomplish a general purpose. Draft legislation may be attached, but the
mere approval of proposed legislation by the municipal legislative body does not
restrict legislative amendments. (See Special Commission on Implementation of the
Home Rule Amendment, Second Report, Senate No. 10, at 11 [1967].) For example,
if the vote sets forth the text of the proposed legislation and requests that the
Legislature enact the following, this is a general vote because it does not
specifically preclude legislative amendments. If a draft bill is not approved, the
legislation may be drafted by the municipal executive (the mayor, manager or
selectmen), the state legislator who files it, or their respective counsel. One town uses
the following form for such a general vote:
Voted, to authorize the Selectmen to petition the Legislature to enact legislation to
[insert purpose]; provided, that the Legislature may reasonably vary the form and
substance of the requested legislation within the scope of the general public objectives
of this petition.
(b) Vote restricting amendments. The municipal vote may preclude substantive
legislative amendments by clearly saying so. The City of Boston and some other
municipalities routinely use this form:
Ordered: That a petition to the General Court, accompanied by a bill for a special law
relating to the [city or town of ] to be filed with an attested copy of this order be,
and hereby is, approved under Clause (1) of Section 8 of Article 2, as amended, of the
Amendments to the Constitution of the Commonwealth of Massachusetts, to the end
that legislation be adopted precisely as follows, except for clerical or editorial changes
of form only:- [insert text of bill].
The risk of using such language, especially for a town meeting that meets
infrequently, is that an amendment necessary to secure passage of the bill may not be
approved for many months.
Municipalities should not use the phrase in substantially the following form or
substantially as follows, since the meaning of substantially is ambiguous. This
phrase may mean that no amendments of substance are allowed, or that no
important amendments are allowed. If the first meaning is desired, the Boston
language above should be used.
(c) Vote allowing municipal executive to approve amendments. A third option is
to use the restrictive language of option (b) above, but also to include language
allowing the municipal executive (especially the Selectmen in towns) to approve
amendments within the scope of the general public objectives of the petition. The
following form is suggested:
Voted, to petition the General Court to the end that legislation be adopted precisely as
follows. The General Court may make clerical or editorial changes of form only to
the bill, unless the Selectmen [or other municipal executive] approve amendments to
the bill before enactment by the General Court. The Selectmen [or other municipal
executive] are hereby authorized to approve amendments which shall be within the
scope of the general public objectives of this petition. [insert text of bill]

D. Special Enactment Requirements.

The Massachusetts Constitution requires that some bills be enacted by a two-thirds
vote of the House and the Senate. The Constitution also requires that certain of these
two-thirds votes be by roll call. The rules require a special sticker to appear on each
such bill indicating this. The following chart lists these special enactment
requirements and shows the sticker corresponding to each.

EMERGENCY PREAMBLE
Senate..............Correctly Drawn

Contains an Emergency Preamble

Article 48 of the Amendments to

the Massachusetts Constitution
requires an emergency preamble
to be adopted by a two-thirds
vote of the House and of the
Senate (see part 2.A. above).

________________________________________________
For the Senate Committee on
Bills in the Third Reading

ARTICLE LXII APPLICABLE

Yays and Nays Required

Senate .............Correctly Drawn

Provides for the borrowing of money by the Common-wealth and comes
within the provisions of Section 3 of Article LXII of the Amendments of the
Constitution.

________________________________________________
For the Senate Committee on
Bills in the Third Reading

Section 3 of Article 62 of the

Amendments to the Constitution
requires a two-thirds roll call vote
of each house to enact a bill that
authorizes the Commonwealth to
borrow money. (This applies to a
bill changing the purpose of an
existing bond authorization, but
not to a time extension.)

ARTICLE LXII APPLICABLE

Yeas and Nays Required

Senate..........Correctly Drawn

Provides for the gift, loan or pledge of the credit of the

Commonwealth and comes within the provisions of

Section 1 of Article 62 of the

Amendments to the Constitution
requires a two-thirds roll call vote
of each house to enact a bill that
gives, loans or pledges the credit
of the Commonwealth. (This
may include the Commonwealths agreement to indemnify.
Raisman v. J. Cunningham, Inc.,
No. 93-5070-G [Mass. Super.,
Suffolk Sept. 24, 1995].)

The first sentence of Section 1 of Article LXII of the

Amendments of the Constitution.
________________________________________________
For the Senate Committee on Bills
in the Third Reading

ARTICLE LXXXIX OF THE AMENDMENTS TO THE

CONSTITUTION REQUIRES
TWO-THIRDS VOTE ON ENACTMENT
Senate...........Committee on BTR
Correctly Drawn

The Home Rule Amendment to

the Constitution requires a twothirds vote of each house to enact
a bill recommended by the
Governor that relates to a single
city or town but has not received
local approval (see part 2.C.
above).

________________________________________________
For the Senate Committee

ARTICLE XCVII OF THE AMENDMENTS

Article 49, as appearing in Article

97, of the Amend-ments to the
Constitution requires a two-thirds
TO THE CONSTITUTION REQUIRES
roll call vote of each house to
enact a bill that disposes of land
TWO-THIRDS ROLL CALL VOTE
or easements acquired for public
conservation, open-space,
ON ENACTMENT
recreational or other dedicated
environ-mental purposes. The bill
Senate..............Committee on BTR
should clearly identify the lands
Correctly Drawn
present uses. (See 1972-73 Rep.
Mass. Atty Gen. 139, 148 [June
________________________________________________ 20, 1973].)
For the Senate Committee

ARTICLE CXV APPLICABLE

Two-thirds Vote Required
Senate...............Committee on BTR
Correctly Drawn.
Provides for additional cost on two or more muni-

Article 115 of the Amendments

to the Constitution requires a
two-thirds vote to enact a bill that
imposes additional cost on cities
or towns by regulating municipal
employment (if each city or town
will not have to accept it and the
Legislature does not assume the
cost; see part 2.G.2. below).

cipalities for the compensation, hours, status, conditions or

benefits of municipal employment and comes within the provisions of
Article CXV of the Amendments to the Constitution.

________________________________________________
For the Senate Committee

E. Separation of Powers.
1. Massachusetts constitutional requirements.
Article 30 of the Massachusetts Constitutions Declaration of Rights is a strong
separation of powers provision. It prohibits the executive, legislative and judicial
branches of state government from exercising another branchs powers. In addition,
Mass. Const. part 2, c. 1, 1, art. 2 says that the Legislature may act only by both
houses passing a bill or resolve and laying it before the Governor for his action (the
presentment requirement).
2. Specific limits on legislative power.
(a) The Legislature may not condition executive action on approval by a legislative
officer or committee, or subject executive action to disapproval by any method other
than passing a law (a legislative veto), or delegate lawmaking or appropriation
powers to a legislative officer or committee. See Opinion of the Justices, 384 Mass.
840 (1981); Opinion of the Justices, 375 Mass. 827 (1978); Opinion of the Justices,
369 Mass. 990 (1976). See also Senate Committee on Ways and Means Policy
Report, Separation of Powers and the Legislative Veto, FY 1993 Budget
Recommendations 1-118 (May 1992).
(b) The Legislature may not provide for its own members to perform executive
functions, or to participate in appointing executive officers. See Opinion of the
Justices, 365 Mass. 639, 644 (1974); Opinion of the Justices, 303 Mass. 615, 624
(1939).
3. Permissible legislative action.
The Legislature may:

(a) put legislators on purely advisory commissions;

(b) provide for municipal or private-sector individuals to serve on bodies exercising
executive power;
(c) require agencies to report and wait before taking action (especially adopting
regulations), to allow time for legislative reaction either informally or by statute (see
1992 SWM report at 124-25) but note that this process may sometimes be politically
inadvisable;
(d) pass a law to counteract executive action of which it disapproves.
F. Money Bills.
The Massachusetts Constitution says: All money bills shall originate in the
house of representatives; but the senate may propose or concur with amendments, as
on other bills. Pt. 2, c. 1, 3, art. 7. It is clear that money bills are those that
affect state tax revenue for general purposes; appropriation bills, which involve
spending state funds (see part 2.B. above), are not money bills. Opinion of the
Justices, 126 Mass. 557 (1878). Therefore, the Senate can (and does) originate
appropriation bills. See, e.g., St. 2000, c. 384 ($57 million supplemental
appropriation act, originating as S. 2310, first reported by the Senate Committee on
Ways and Means).
Note that a bill that reduces general state tax revenue, as well as one that increases it,
is a money bill. See Armstrong v. United States, 759 F.2d 1378, 1381-82 (9th Cir.
1985); Wardell v. United States, 757 F.2d 203, 205 (8th Cir. 1985).
The Senate may even originate some bills that increase revenue. The Justices
of the Supreme Judicial Court have said that they will follow court decisions
interpreting the parallel Origination Clause of the United States Constitution.
Opinion of the Justices, 337 Mass. 800, 809 (1958). Under those cases, the Senate
could originate a bill raising the following kinds of revenue:

Non-tax revenue, such as fees or fines. Opinion of the Justices, 337 Mass. 800,
809 (1958), quoting United States v. Norton, 91 U.S. 566, 569 (1876)
(limitation confined to bills to levy taxes in the strict sense of the words).

Local taxes, including property taxes or assessments. Sprint Communications

Co. v. Kelly, 642 A.2d 106 (D.C.), cert. denied, 513 U.S. 916 (1994).

State tax revenue specifically earmarked for a particular program. [A] statute
that creates a particular governmental program and that raises revenue to
support that program, as opposed to a statute that raises revenue to support
Government generally, is not a Bil[l] for Raising Revenue within the
meaning of the Origination Clause. United States v. Munoz-Flores, 495 U.S.
385, 398 (1990). Whatever taxes are imposed are but means to the purposes
provided by the act. Opinion of the Justices, 337 Mass. 800, 810 (1958)
(citations omitted).

G. Local Mandates.
1. The local mandates statute.
The voters originally enacted the local mandates statute, G.L. c. 29, 27C, as part of
the 1980 initiative law called Proposition 2. It says that laws (including state
agency regulations) imposing any direct service or cost obligation upon any city or
town are not effective unless either the municipal legislative body votes to accept the
law, or the Legislature appropriates the cost every year.
The local mandates law does not apply to:

pre-1981 laws.

incidental local administration expenses. These are relatively minor expenses

related to the management of municipal services . . . that . . . are subordinate
consequences of a municipality'
s fulfillment of primary obligations. City of
Worcester v. The Governor, 416 Mass. 751, 758 (1994).
laws that the Legislature specifically exempts (e.g., the Education Reform Act of
1993, see G.L. c. 70, 15; St. 1993, c. 71, 67).
mandates resulting from court decisions, or contained in a law enacted . . . as a
direct result of such a decision.
state laws implementing federal mandates (e.g., the state motor voter law, St.
1993, c. 475).
statutory clarifications of existing statutory requirements. City of Worcester v. The
Governor, 416 Mass. 751 (1994).

benefits of municipal employees subject to Article 115 (see below).

legislative conditions attached to appropriated state funds received by a

municipality. School Committee of Lexington v. Commissioner of Education, 397
Mass. 593 (1986).
laws governing a regulated industry, in which a municipality voluntarily chooses
to participate (e.g., maintenance of a municipal landfill, Town of Norfolk v. DEQE,
407 Mass. 233 [1990]).
In addition, the state Auditors Division of Local Mandates (DLM, see below) has
given advice that the local mandates law does not apply to the following two
situations, but these situations remain uncertain because no court has yet addressed
them:
laws imposing costs on municipal retirement systems (which DLM regards as
distinct from municipal governments).

 laws creating or expanding property tax exemptions that simply shift costs to
other taxpayers.
Only a court can decide that a municipality need not comply with a law that violates
the local mandates statute, but the remedy may not include reimbursement. City of
Worcester v. The Governor, 416 Mass. 751, 761-62 (1994). In practice, however, if
the Legislature still wants the law enforced, it will need to appropriate the necessary
funds for the future.
The Division of Local Mandates in the Department of the State Auditor (10 West
Street, 6th floor, Boston, MA 02114, telephone 727-0980) gives non-binding advice
about the local mandates law, including estimates of municipal costs.
2. Article 115.
A 1980 amendment to the Massachusetts Constitution, Article 115, says that state
laws regulating municipal employment conditions or benefits are not effective unless
(a) the municipal legislative body votes to accept the law; or (b) the Legislature
appropriates the cost; or (c) the Legislature enacts the law by a two-thirds vote of both
houses.
This constitutional provision does not apply to laws generally regulating benefits of
all employees, including private sector as well as municipal employees. City of
Cambridge v. Attorney General, 410 Mass. 165 (1991).

Part 3
Assistance from the Senate Counsels Office
The Senate Counsels office provides the following services to Senators and
their staffs:
A. Legislation. When requested by a Senator, we will:

answer questions about the form, substance and legality of bills;

review and comment on draft bills prepared by a Senators staff or others; or

draft legislation based on an outline (to comply with the Senate rule, we will also
e-mail the text of the bill to the Clerk for you, unless you ask to review it first). If
possible, please use the Request for Draft Legislation form below.
B. Resolutions.
Resolutions are drafted by a Senator'
s staff member, and are assigned to an Assistant
Counsel for editing. The Counsels office then delivers the completed resolution to
the Senate Clerk for action by the Senate.
C. Research and advice. We will research and provide advice about legal matters
related to Senate business. This includes subjects addressed in the Senates Employee
Handbook, such as conflict of interest, political activity restrictions, reporting illegal
or improper conduct, and litigation relating to Senate business.
D. Library. The Senate Counsel library in Room 200 is available to Senators and
their staffs whenever the office is open.

REQUEST FOR DRAFT LEGISLATION

DATE:
FROM:
SENATOR
TO:
COUNSEL TO THE SENATE
OUTLINE OF PROPOSED BILL:

(ATTACH EXTRA SHEET, IF NECESSARY)

SUGGESTED
TITLE:___________________________________________________________
GENERAL OR SPECIAL LAW AFFECTED, IF KNOWN: _________________
_____________________________________________________________________
_________
DATE REQUIRED:_________________
STAFF MEMBER (OR OTHER PERSON) TO CONTACT FOR INFORMATION:
_____________________________________________________________________
_________
_____________________________________________________________________
_________
THIS SPACE RESERVED FOR COUNSEL TO THE SENATE
ASSIGNED TO: __________________________________
DATE COMPLETED: ______________________________