Bill Sponsors
Place, and Hopkins
Committee
House State Government & Elections
Summary
Select
This legislation establishes a new requirement for the executive branch of the state government (agencies, departments, and boards) when providing information to the General Assembly. For any testimony, data, or reports to be considered "official," they must be certified in writing by both the head of the specific agency and the Governor or their designee. This certification must affirm that the information is factual, accurate, and complete. If this certification is not provided, lawmakers are prohibited from using the testimony for official findings or budget analysis.
Analysis
Pros for Progressives
- Promotes evidence-based policymaking by ensuring that legislative decisions and fiscal analyses are based on verified, reliable information rather than misleading or incomplete data.
- Increases government accountability and transparency by creating a clear paper trail of authorization, forcing high-level officials to personally vouch for the accuracy of assertions made to the public and legislature.
- Protects the integrity of the legislative process by preventing the executive branch from knowingly omitting material facts that might skew the perception of social or economic issues.
Cons for Progressives
- Centralizes power in the Governor's office, potentially allowing the administration to censor or suppress data from agencies that contradicts the Governor's political agenda.
- Creates bureaucratic hurdles that could delay the sharing of critical information needed to address urgent social justice issues, public health crises, or environmental threats.
- May silence independent experts within state agencies by preventing them from sharing factual findings directly with the legislature without political vetting and approval.
Pros for Conservatives
- Imposes strict accountability on unelected bureaucrats, ensuring they cannot mislead the legislature with inaccurate data or hidden agendas to expand their influence.
- Strengthens the rule of law by creating a formal legal standard for truthfulness in government reporting, limiting the ability of the "deep state" to manipulate legislative outcomes.
- Protects taxpayer interests by mandating that fiscal analyses and spending decisions rely only on certified, accurate financial data rather than projected or manipulated figures.
Cons for Conservatives
- Expands government bureaucracy and red tape by requiring additional paperwork, signatures, and administrative review for every piece of testimony provided to the legislature.
- Could be weaponized by a Governor to suppress inconvenient facts, effectively limiting the legislature's ability to conduct oversight on the executive branch and check executive power.
- Potentially shields agency heads from direct individual responsibility by allowing them to hide behind a collective certification process shared with the Governor's office.
Constitutional Concerns
None Likely
Impact Overview
Groups Affected
- Executive Agencies
- The Governor
- State Legislators
- Agency Directors
- State Employees
Towns Affected
All
Cost to Taxpayers
Amount unknown
Revenue Generated
None
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Bill Status
Current Status
Held
Comm Passed
Floor Passed
Law
History
• 01/16/2026 Introduced, referred to House State Government & Elections
Bill Text
SECTION 1. Chapter 42-6 of the General Laws entitled "Departments of State Government" is hereby amended by adding thereto the following section:
42-6-16. Executive branch testimony to the general assembly; certification required.
(a) Definitions. As used in this section:
(1) “Executive agency” means any department, agency, board, commission, office, or authority within the executive branch of state government, including any subdivision thereof.
(2) “Testimony” means any oral or written statement, presentation, data submission, report, or other informational material provided to the general assembly or any committee, commission, or member thereof, in connection with legislative proceedings or oversight.
(3) “Official executive branch testimony” means testimony that has been authorized and certified in accordance with this section.
(b) Certification required. No testimony shall be deemed official executive branch testimony unless it is accompanied by a written certification executed by:
(1) The head of the executive agency providing the testimony; and
(2) The governor or the governor’s designee.
(c) Contents of certification. The certification required by subsection (b) of this section shall state that:
(1) The testimony has been reviewed and authorized for submission on behalf of the executive branch;
(2) The factual statements and data contained therein are, to the best of the certifying officials’ knowledge and belief after reasonable inquiry, accurate and complete as of the time provided; and
(3) The testimony does not knowingly omit material facts necessary to prevent the information presented from being misleading.
(d) Scope. The certification required by this section shall apply only to factual representations and data and shall not be construed to require certification of policy judgments, opinions, recommendations, or projections.
(e) Form and filing of certification. The certification shall be submitted in writing and shall be maintained as part of the official legislative record for the proceeding to which the testimony relates.
(f) Effect of noncompliance. Testimony not certified in accordance with this section shall not be considered official executive branch testimony and shall not be relied upon by the general assembly or any committee thereof for legislative findings, fiscal analyses, or oversight determinations.
(g) Rules and regulations. The department of administration, in consultation with the office of the governor, may promulgate rules and standardized certification forms to implement this section.
SECTION 2. This act shall take effect upon passage.
42-6-16. Executive branch testimony to the general assembly; certification required.
(a) Definitions. As used in this section:
(1) “Executive agency” means any department, agency, board, commission, office, or authority within the executive branch of state government, including any subdivision thereof.
(2) “Testimony” means any oral or written statement, presentation, data submission, report, or other informational material provided to the general assembly or any committee, commission, or member thereof, in connection with legislative proceedings or oversight.
(3) “Official executive branch testimony” means testimony that has been authorized and certified in accordance with this section.
(b) Certification required. No testimony shall be deemed official executive branch testimony unless it is accompanied by a written certification executed by:
(1) The head of the executive agency providing the testimony; and
(2) The governor or the governor’s designee.
(c) Contents of certification. The certification required by subsection (b) of this section shall state that:
(1) The testimony has been reviewed and authorized for submission on behalf of the executive branch;
(2) The factual statements and data contained therein are, to the best of the certifying officials’ knowledge and belief after reasonable inquiry, accurate and complete as of the time provided; and
(3) The testimony does not knowingly omit material facts necessary to prevent the information presented from being misleading.
(d) Scope. The certification required by this section shall apply only to factual representations and data and shall not be construed to require certification of policy judgments, opinions, recommendations, or projections.
(e) Form and filing of certification. The certification shall be submitted in writing and shall be maintained as part of the official legislative record for the proceeding to which the testimony relates.
(f) Effect of noncompliance. Testimony not certified in accordance with this section shall not be considered official executive branch testimony and shall not be relied upon by the general assembly or any committee thereof for legislative findings, fiscal analyses, or oversight determinations.
(g) Rules and regulations. The department of administration, in consultation with the office of the governor, may promulgate rules and standardized certification forms to implement this section.
SECTION 2. This act shall take effect upon passage.
