Number 15. December 28, 1976

Number 15. December 28, 1976 Wallace C. Mills Clerk of the House State House Boston, Massachusetts 02133 Dear Mr. Mills: You have forwarded to me an order of the House of Representatives which seeks my opinion on the following question: Does section fifty-four A of chapter seventy-one of the General Laws require school committees to have a person as defined in said section in personal attendance at every interscholastic foot- ball game played by any teams representing a public secondary school? The legislative history of this statute indicates that it does not require such personal attendance at interscholastic football games. General Laws, c. 71, §54A, as amended by St. 1975, c. 569 provides, in pertinent part, as follows: A physician employed by a school committee or a person who has completed a full course in emergency medical care as provided in section six of chapter one hundred and eleven shall be assigned to every interscholastic football game played by any team repre- senting a public secondary school in the commonwealth . . . (emphasis supplied). In 1972, the legislation which was to become G.L. c. 71, §54A was initially introduced in the legislature as House Bill 2270. The original language of House Bill 2270 provided that "[a] physician employed by a school committee shall be in attendance at every interscholastic game." 1972 House Doc. No. 2270. (Emphasis supplied.) However, the language of the original bill was changed in committee and when House 2270 was subsequently enacted as St. 1972, c. 74, the language "in attendance" was deleted and the word "assigned" was substituted in its place. In 1975, the legislature amended G.L. c. 71, §54A to expand the class of medically trained persons qualified to be assigned to interscholastic football games. St. 1975, c. 569. At that time, legislation was again intro- duced which would have required that physicians actually "be present" at such games. 1975 House Doc. No. 4394. However, the General Court, in amending G.L. c. 71, §54A chose instead to enact 1975 House Doc. No. 6534 which retained the "shall be assigned" language intact. The legislature is presumed to understand and intend all consequences of its own measures. Spaulding v. McConnell, 307 Mass. 144, 149 (1940). Moreover, in construing a statute, "reason and common sense are not to be abandoned in the interpretative process . . ." Van Dresser v. Firlings 305 Mass. 51, 53, (1940). Here, had the legislature desired to require personal attendance of medical personnel at interscholastic football games, it could have adopted the language which was proposed and rejected in P.D. 12 117 1972 and again in 1975. x The legislature's rejection of language requiring personal attendance compels the conclusion that medical personnel must be assigned and available, but need not be in actual attendance at secondary school interscholastic football games. 2 Very truly yours, FRANCIS X. BELLOTTI Attorney General