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The 189th General Court of the Commonwealth of Massachusetts

Section 9B: Rules and regulations of the commission; emergency rules and regulations

[ Text of section effective until July 31, 2017. Repealed by 2011, 194, Sec. 39. See 2011, 194, Sec. 112 as amended by 2014, 165, Sec. 192 and 2016, 176, Sec. 12B.]

Notwithstanding the provisions of section five of chapter thirty A, no rule, regulation or condition of the commission promulgated pursuant to the provisions of this chapter shall take effect except as hereinafter provided.

A copy of every such rule, regulation or condition shall be filed with the clerk of the senate and shall be forthwith referred by him to the joint committee on government regulations.

Said committee shall file a written report with the clerk of the senate within thirty days after the filing of the copy thereof with said clerk, stating whether said rules, regulations and conditions are consistent with the statutory provisions under which they were promulgated.

Said rules, regulations and conditions shall take effect unless disapproved by a majority vote of both branches of the general court within sixty days after the filing of the copy thereof with the clerk of the senate unless the general court has prorogued within said sixty days.

If the general court prorogues within sixty days of the filing, with the clerk of the senate of such rules, regulations and conditions, the clerk of the senate shall refer the same to the committee on government regulations the next session of the general court.

Said committee shall report as hereinbefore provided within thirty days of the first day of such session and such rules, regulations and conditions shall take effect unless disapproved by a majority vote of both branches of the general court within sixty days of the first day of such session.

The clerk of the senate shall notify the commission of the action taken thereon by the general court.

Notwithstanding the provisions of this section, the commission may adopt emergency rules or regulations to protect the health or safety of the public, participants, or animals; provided, however, that no emergency rule or regulation shall attempt to regulate the dates, manner of wagering, or economic terms or conditions of horse and dog racing within the commonwealth; and provided, further, that such emergency rules and regulations shall expire within ninety days.