Amendment #4, as changed to H3858
Public Record Legislature Commission
Representatives Hill of Ipswich, Jones of North Reading and Kelcourse of Amesbury move to amend the bill by adding the following section:-
SECTION 11. There shall be established pursuant to section 2A of chapter 4 of the General Laws a special legislative commission to examine the accessibility of information concerning the legislative process of the general court. Said special legislative commission shall consist of 14 members 1 of whom shall be the House chair of of the joint committee on state administration and regulatory oversight, who shall serve as co-chair; 1 of whom shall be the Senate chair of the joint committee on state administration and oversight, who shall serve as co-chair; 1 of whom shall be the chair of the house committee on rules; 1 of whom shall be the chair of the senate committee on rules; 2 of whom shall be members of the House of Representatives appointed by the Speaker of the House; 1 of whom shall be a member of the House of Representatives appointed by the minority leader of the House;, 2 of whom shall be members of the Senate appointed by the President of the Senate; 1 of whom shall be a member of the Senate appointed by the minority leader of the Senate; and 2 of whom shall be members of the house of representatives or senate appointed jointly by the speaker of the house and the president of the senate,
The special legislative commission shall examine the procedures and practices of the house of representatives and Senate and its committees with regard to legislative process including, but not limited to: scheduling and notice of public hearings and legislative sessions; management of legislative calendars ; scope and substance of committee hearings, including the number of bills heard at each hearing; publication and availability of records concerning committee proceedings, including public hearing agendas, public testimony, and committee votes; rules and scheduling requirements for committee reports; content of committee reports, such as summary, explanatory, and analytical materials; contemporaneous and permanent online access to open sessions of the house of representatives and senate; publication of records concerning house and senate sessions, including but not limited to roll call votes; and publication of proposed amendments to legislation and votes thereon.
The special legislative commission shall also examine the constitutionality and practicality of subjecting the general court, the executive office of the governor and the judicial branch to the public records law. In conducting its examination the special legislative commission shall examine, without limitation, the applicability and impact of Article XXI of the Declaration of Rights, Article XXX of the Declaration of Rights, Article 7 of Section 2 of Chapter 1 of Part the Second of the Constitution of the Commonwealth and Article 10 of Section 3 of Chapter 1 of Part the Second of the Constitution of the Commonwealth.
In undertaking its examination, the special legislative commission shall examine the procedures used by legislatures in other states and those used by the United States Congress for making information concerning the legislative process available to the public.
Counsel to the House and Senate appointed pursuant to section 51 of chapter 3 of the General Laws shall serve as counsel to the special legislative commission.
The special legislative commission may consult with : (i) nongovernmental organizations and academic institutions that have expertise that can benefit the commission, including, but not limited to Common Cause, the American Civil Liberties Union, the Massachusetts Newspaper Publishers Association and the Massachusetts Taxpayers Foundation; and (ii) solicit input from journalistic associations, public policy research institutions, other government institutions with expertise in public access to public proceedings, and other entities with an interest in the legislative process.
The special legislative commission shall issue a report on or before December 1, 2016, which shall include recommendations for legislation or changes to legislative rules to: enhance the accessibility of information to the public concerning the legislative operations of the general court; improve the use of information technology for public access to information about the general court; promote substantive reporting by legislative committees; ensure a permanent, accessible, and substantive record of public legislative proceedings, including house and senate sessions and public committee hearings; and apply to the general court either by statute or by rule any provisions of the public records and open meetings laws the commission deems practicable. Said report shall include the constitutional basis for the special legislative commission’s recommendations. Said report shall be filed with the joint committee on rules, the joint committee on state administration and regulatory oversight, the joint committee on ways and means, and the offices of the house and senate clerks, and shall be posted online.