Special Reports Authorized by the General Court

Part of the process of conducting a full legislative history is to see if there are any special reports that relate to the legislation being researched.  Special reports are reports that result from requests or study directives authorized by the Massachusetts General Court.  They can provide detailed research and background information on topics that were, or are, of particular interest to the legislature; they may (but not always) also help a researcher identify the intent behind a bill or statute.

Special reports can be found in two formats: (1) Many are filed with bills and bound in volumes called “legislative documents”.  These reports, like bills, have document numbers assigned by the House or Senate Clerk, and can be easily confused for bills because of this.  Reports, however, tend to be much longer in length than the average bill text.  (2) Other special reports were/are published as their own documents and are not part of the legislative documents series.

A note on the authors of special reports:  Up until the 1950s, the authors of such reports included standing committees, special commissions, and executive agencies.  In 1954, authorship narrowed with the establishment of the Legislative Research Council, whose purpose was to respond to the constant flow of research requests.  In 1994, the Council was defunct but many of their reports (1964 through 1994) can be accessed on the New England School of Law’s website. Since their disbandment, the responsibility of authoring special reports has once again been placed on legislative committees, special commissions, executive agencies, etc.

How do I find a special report relevant to my research?  The following are indexes that have been compiled by various authors, and organized by subject area.  Please make note of any important citation information in the introductions to each index.

Compiled by Francis X. Blouin, Jr.
1802 - 1882 Index and Guide to Massachusetts State Legislative Documents

Compiled by Francis W. Quinn, III
1883 - 1899 Index of Reports to the General Court

Compiled by Leonard Adams
1883 - 1899 Index to Massachusetts Legislative Documents

Compiled by the Massachusetts Legislative Research Bureau
1900 – 1988 Index of Special Reports Authorized By the General Court

Compiled by the State Library of Massachusetts
1988 – Mar. 1994 Index to Special Reports Authorized By the General Court
Jan. 1994 – Dec. 2005 Index to Special Reports:  Authorized By the General Court

Resources for most recent reports:
•  State Library’s online catalog
•  House, Senate, and Joint committees
•  Mass.gov (agencies and special commissions often post reports to their webpages)

Kaitlin Connolly
Reference Librarian

An Act By Any Other Name: General vs. Special Acts

Patrons often contact the State Library wanting to know the difference between an act that is general in nature, and what is commonly called a “special act” (or “special law”).  Massachusetts acts are made up of both types, and it’s easy to be confused by this concept since they are published together in no particular order other than that in which they were passed during a specific year; however, prior to 1920, you will find that they were published in separate volumes.  It’s important to be able to recognize the difference between the two, as research methods can vary depending on the type in question.  Also note that the Massachusetts Acts and Resolves are commonly known under the umbrella term “session laws”, and you may see this term used throughout your research.

An act that is general in nature will most often apply to all Massachusetts residents (for example, laws regarding divorce in the state), or it may involve the organization and administration of the state government (for example, the state budget).  Also keep in mind that general acts are passed with the intent of permanence.  This type of act makes up the majority of the acts passed, and together they form the body of the Massachusetts General Laws (MGL) and all of its additions, amendments, repeals, etc. that the MGL has undergone since its codification.  In other words, each general act is codified into the MGL.  The MGL, like most existing bodies of law, is mutable and subject to continual changes that are effected by these general acts.

“Special acts” are acts that are more specific in nature.  They apply to a limited number, such as one person, one event, a specific city or town, etc.  Like general acts, they are subject to amendments brought about by subsequent acts; however they are not codified into any body of law.

A good way to distinguish between the two types of acts is to take a look at the language used and the subject matter at hand.  Good questions to ask are: What is the scope of the subject matter?  Is it specific, or does it apply to the Massachusetts community as a whole?  Does it affect the organization or administration of the state government?  Is it meant to be temporary?  Key language usually appears in the first couple sentences of the act.  Does it specifically state that the act is an amendment or insertion being applied to the General Laws?  If so, then it is a general act.  If you’re still not sure, Shephard’s Citations, which is available in the library, is a good resource to look at because it distinguishes between acts codified and not codified.

To make matters more complicated, sometimes an act can have both.  A great example of this is 1993 Chap. 71, a huge act concerning educational reform.  Many of the sections are general acts with references to the MGL, but look at section 70; section 70 is not codified in the MGL and is considered a “special” part of this act.

Examples:
Special Act:  2009 Chap. 201. An Act Designating A Certain Traffic Circle In The City Of Lowell As The Micky Ward Rotary.

General Act:  1980 Chap. 63. An Act Establishing Town Meeting Day.

The State Library has digitized all of the acts from 1692 to 2009; later acts can be found on the legislature’s website.

Kaitlin Connolly
Reference Dept.

Item of the Month for April 2013 - Questions and Answers on Legislative History

Senate                                                                        House

 
Lawmakers in the Commonwealth, members of the Massachusetts General Court, make the laws in the state. The Senate and House chambers (above) are where much of the legislative process happens. All proposed laws, whether they are or are not enacted can be researched in the State Library which is, of course, located in the State House.

In the course of any day in the library, there are inquiries about conducting legislative history. The wish to find this history is one of the major reasons for a visit to the library, be it a visit in person or by online inquiry. Reference staff help with inquiries of all kinds about the process and are often in receipt of questions such as the following:

1. What is Massachusetts legislative history?

It is the process of following a legislative petition (bill) to its enactment or to its failure.

2. What is the name of the Massachusetts legislative branch and how many legislators are there?

The General Court- there are 160 members of the House, 40 of the Senate. All are elected every two years.

3. There is a source which compiles legislative history for federal laws- "United States Congressional and Administrative News". Is there such a source for Massachusetts laws?

No, one must actually compile the history from scratch.

4. What are some official sources used in the library to conduct legislative history?

• Legislative petitions or bills
• House and Senate Journals
• Massachusetts General Laws
• Legislative Record or Index
• Bulletins of Committee Work
• Massachusetts Acts and Resolves

5. What is the difference between “chapters” of the Massachusetts General Laws and “chapters” of the Acts and Resolves?

The General Laws are organized into chapters representing overall subject areas. These chapters may be comprised of many different years’ Acts and Resolves. The Acts and Resolves are comprised of laws signed each year and the “chapter” numbers are assigned chronologically, determined merely by the date they are signed into law by the Governor.

6. How are the “general laws” updated?

These are updated when the legislature passes “acts” or “chapters” as mentioned above.

7. What are the compilations of the General Laws called? 

There are 3 compilations of the Massachusetts laws. The official set, published every two years, is updated with supplements. It is called General Laws of Massachusetts and is updated with supplements and Interim supplements. 

The two privately published sets- Massachusetts General Laws Annotated and the Annotated Laws of Massachusetts are updated with annual pocket parts and interim supplements.

8. How soon after the Governor signs a bill into law does it become effective?

Most become effective after 90 days. These 90 days include holidays and weekends. Some acts, become effective immediately and there will be wording saying: "This act shall take effect upon its passage". 

9. What is a “carryover provision” and does Massachusetts have it?

This provision allows a bill introduced in the first year of each two year legislative session which does not pass (elections are held in even years and the sessions are two years beginning in the January after the election) to be considered in the second year.

Before a rules change in 1994, a bill not passed in the first year would “die” and have to be reintroduced the next year and assigned a different number. The “rules change” allowed for a “carryover provision.”

10. What does “engrossment” mean?

Once both branches of the legislature have passed a bill, it goes to the Engrossing Division and is typed on special paper for a final vote enacting it.

 

Pamela Schofield
Legislative Reference Librarian

The State Library is now on Youtube!

We now have two short videos on our Youtube channel, MAStateLibrary.

The first video is a slideshow highlighting some of the treasures in the State Library’s collection. These include Governor Bradford’s 17th century manuscript, the Haitian medal presented to Charles Sumner by the people of Haiti, as well as important photographs, maps and other items in the library’s collection.




The second video outlines the process of researching the legislative history, a common type of research among those coming to the library. The video describes the sources used when doing this sort of research and is a good introduction for those needing to research the history of a piece of legislation.



A special thanks to Libby Johnson, a reference intern last semester at the State Library, who produced these videos. Libby developed the storyboard, assembled the content and provided the voiceover for the legislative history video. Thank you also to Matthew Gamber, a former digitization intern, who photographed many of the objects in the treasures slideshow.

Photographs of Legislators

Did you know that the State Library has a collection of over 3,200 photographs of legislators?

The earliest photographs are from 1855 and the collection continues into the early 1900s. The photographs range in size from tiny tin type to oversize collages. All are housed in the climate-controlled library vault and are available for the public to view in the Special Collections department.

The collection is currently being digitized by a library intern and once complete, the images will be posted in the library's digital repository, DSpace. At left is one of the digitized images - Charles Dillingham (1821-1902). Mr. Dillingham was in the state Senate in 1861 and 1862, then in the state House of Representatives in 1886 and 1887, representing Sandwich during those periods. As you can see at the bottom of the image, this photograph was taken during his tenure in the Senate.

Images of legislators can also be found in several publications that the library has already digitized and are available online. Each book is listed on the Public Officers of the Commonwealth page of the library's web site. Click on any year and the digital version will open through the Internet Archive web site.

- Lacy Crews Stoneburner, Preservation Librarian

Massachusetts Women in Politics Exhibit, Now Open

The Library is excited to present our new exhibit, “Women in Massachusetts Politics.” The exhibit highlights important women in the state’s political history and their accomplishments. Included is a timeline showing important events and people, and a display on the Massachusetts Caucus of Women Legislators, celebrating their 35th anniversary.

The exhibit brings to light women such as Sybil Holmes, the first female state senator. While working at a law firm, Holmes studied law privately and passed the bar in 1910 at age 21. She later studied at both Harvard and Columbia law schools. Holmes served as an assistant attorney general for four years before being elected to the General Court in 1936.

Other women in the exhibit include Susan Fitzgerald and Sylvia Donaldson, who were the first women elected to the Massachusetts House of Representatives. They were elected in 1923, just three years after the 19th Amendment was passed. Susan Fitzgerald studied political science and history at Bryn Mawr, where her three daughters later studied. She was a strong advocate for women’s suffrage and served in many different organizations to attain the right to vote. Fitzgerald wrote essays to promote equal rights for women, such as "Women in the Home," 1908, "What is a Democracy?" 1910, and "Have We a Democracy?" 1913.

Outside of the state legislature, women made important strides in local government. Alice Burke was elected mayor of Westfield in 1939, becoming the first female mayor not just in Massachusetts, but in all of New England as well. She beat the incumbent by just 127 votes and went on to serve for three more terms. Burke would become known as the Grand Dame of Westfield for her active role and many contributions to the community.

The exhibit shows how far women have come in Massachusetts politics, but also how far there is to go. In 1971, there were only four women in the legislature, out of a total of 300 seats (1.3%). In 2010, there are 52 women, out of a total of 200 seats (26%). The first female senate president, Therese Murray, was only elected in March 2007; and no woman has been elected as speaker of the House. The sole exception is Sylvia Donaldson, who was declared honorary speaker for one day, February 18, 1926. Massachusetts has yet to send a woman to the U.S. Senate; and of the twelve legislators representing the state in Washington, D.C., only one is a woman (Niki Tsongas, 5th District). As women comprise 52% of the Massachusetts population, they are not only underrepresented in national government but in the government of our own state.

This exhibit celebrates the hard work and achievements won by the women of Massachusetts. We hope you will come to view the exhibit, which is now open. The State Library is located on the third floor, Room 341, in the State House in Boston. Please visit our website at www.mass.gov/lib for more information regarding hours and directions.

Above: Members of the Caucus of Women Legislators outside the House of Representatives, December 1990.

Debate Coverage in the House and Senate

Patrons often ask about debate in the House and

Senate chambers when they are researching laws. The discussion is an important source for determining the intent of legislation.

The State House News Service, a private news-gathering organization covering Massachusetts state government, began providing accounts of formal House and Senate sessions in 1972. These are not transcripts, but they may quote what was said by the legislators on a particular bill. Remote access to this database is not provided; it must be accessed on site. Reference librarians guide patrons in conducting a legislative history and will log users into this electronic resource to ascertain whether any debate was recorded.

Selected House proceedings are available in audio or video format going back to 1984. Beginning in 1996 the Senate videotaped certain proceedings.

Sessions in both chambers are now accessible through webcasts. The House and Senate began taping on January 1, 2007. The proceedings can be viewed at http://masslegislature.tv/.

Reference Staff