CACR 5 (2002): relating to the rulemaking authority of the supreme court. Providing that supreme court may adopt rules that have the force and effect of law, and that the general court may regulate these matters by statute and may accept or reject any rule adopted by the supreme court, and that in the event of a conflict between a statute and a rule, the statute, if otherwise valid, shall supersede the rule.

CACR 5 (2002)

relating to the rulemaking authority of the supreme court. Providing that supreme court may adopt rules that have the force and effect of law, and that the general court may regulate these matters by statute and may accept or reject any rule adopted by the supreme court, and that in the event of a conflict between a statute and a rule, the statute, if otherwise valid, shall supersede the rule.

• Status: Passed both chambers, not ratified by the voters
• Term: 2001-2002
• House committee: Judiciary
• Senate committee: Judiciary
• Subject: Constitutional Amendments

The Story

It was introduced on January 4, 2001 and referred to the House Judiciary committee. The committee held a public hearing on January 31, 2001. The committee held work sessions on February 14, 2001, March 21, 2001, March 27, 2001, April 3, 2001 and April 10, 2001. The majority of the committee recommended that the House pass it with changes by a vote of 15–1. On April 19, 2001 the House adopted “Susp Rules for Deadline to Apr 26” on a voice vote. On April 19, 2001 the House adopted “Special Order to Apr 25” on a voice vote. On April 25, 2001 the House adopted “Special Order to Apr 26 without objection”. On April 26, 2001 the House voted to pass it with changes on a roll call 290–48. It crossed to the Senate on May 9, 2001 and was referred to the Senate Judiciary committee. The committee held a public hearing on May 23, 2001. The committee recommended that the Senate send it back to committee. On June 12, 2001 the Senate voted to send it back to committee on a voice vote. The committee recommended that the Senate pass it with changes. On January 24, 2002 the Senate voted to pass it with changes on a roll call 18–6. A floor amendment (2321), offered by Sen. Fernald, was rejected on a roll call 8–16 on January 24, 2002. On January 24, 2002 the Senate rejected a motion to lay it on the table. On January 24, 2002 the Senate voted to lay it on the table on a voice vote. On February 14, 2002 the Senate failed “Remove From Table” on a voice vote, on a motion by Sen. Gordon. On February 20, 2002 the Senate adopted “Remove From Table” on a voice vote. A floor amendment (2390), offered by Sen. Gordon, was adopted on a voice vote on February 20, 2002, changing the text of the bill. A floor amendment (2403), offered by Sen. Below, was rejected on a voice vote on February 20, 2002. On February 20, 2002 the Senate adopted “Final Passage 3/5 nec.” on a roll call 19–4. On April 17, 2002 the House voted to agree to the other chamber's changes on a voice vote. The bill was enrolled on April 25, 2002 — the final check of the text before it goes to the governor — and an enrolled bill amendment (3664) was adopted to correct technical errors found after passage. The bill was enrolled on May 2, 2002 — the final check of the text before it goes to the governor.

Sponsors

• Rep. Leo Pepino (R - Hills 40) (prime sponsor)
• Rep. Alf Jacobson (R - Merr 2)
• Rep. Greg Salts (R - Hills 41)
• Sen. Sheila Roberge (R - SD9)
• Sen. Gary Francoeur (R - SD14)
• Sen. Robert Boyce (R - SD4)

Hearings and Sessions

• January 31, 2001, 10:30 AM: hearing, House Judiciary, RM208,LOB
• February 14, 2001, 3:00 PM: subcommittee work session, House Judiciary, RM208,LOB (Rep Mock)
• March 21, 2001, 11:00 AM: subcommittee work session, House Judiciary, RM208,LOB
• March 27, 2001, 2:00 PM: subcommittee work session, House Judiciary, RM208,LOB
• April 3, 2001, 2:00 PM: subcommittee work session, House Judiciary, RM208,LOB
• April 10, 2001, 9:00 AM: subcommittee work session, House Judiciary, RM208,LOB
• May 23, 2001, 10:15 AM: hearing, Senate Judiciary, LOB 103

Votes

• April 19, 2001, House: Susp Rules for Deadline to Apr 26 — voice vote, passed
• April 19, 2001, House: Special Order to Apr 25 — voice vote, passed
• April 26, 2001, House: COMMITTEE REPORT: OTP/AM — yeas 290, nays 48, passed
• June 12, 2001, Senate: Rerefer to Committee — voice vote, passed
• January 24, 2002, Senate: Adoption of the committee amendment (2150s) Sen. Pignatelli/Sen. Fernald — yeas 18, nays 6, passed
• January 24, 2002, Senate: Adoption of the floor amendment (2321s) Sen. Fernald/Sen. Gordon — yeas 8, nays 16, failed
• January 24, 2002, Senate: Ordering to third reading Roll call is required — yeas 12, nays 12, failed
• January 24, 2002, Senate: Lay on Table — voice vote, passed
• February 14, 2002, Senate: Remove From Table — voice vote, failed
• February 20, 2002, Senate: Remove From Table — voice vote, passed
• February 20, 2002, Senate: Ordering to third reading Roll call required — yeas 16, nays 7, passed
• February 20, 2002, Senate: Final passage Roll call is required — yeas 19, nays 4, passed
• April 17, 2002, House: Concur — voice vote, passed

The Docket

Laws It Would Change

• Part Second, Article 73-a of the state Constitution

From the General Court

• Bill status page
• Docket
• House Calendar 32, 2001, committee report