HOUSE DOCKET, NO. 2655        FILED ON: 1/19/2023

HOUSE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 3819

The Commonwealth of Massachusetts

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PRESENTED BY:

Carmine Lawrence Gentile

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To the Honorable Senate and House of Representatives of the Commonwealth of Massachusetts in General
Court assembled:

The undersigned legislators and/or citizens respectfully petition for the adoption of the accompanying bill:

An Act in furtherance of the Citizens Commission concerning a Constitutional Amendment to secure government of the people.

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PETITION OF:

HOUSE DOCKET, NO. 2655        FILED ON: 1/19/2023

HOUSE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 3819

The Commonwealth of Massachusetts

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In the One Hundred and Ninety-Third General Court
(2023-2024)

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An Act in furtherance of the Citizens Commission concerning a Constitutional Amendment to secure government of the people.

Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority of the same, as follows:
 

SECTION 1. The general court hereby finds and declares that:

(i) the 2018 general election included Ballot Question 2, and of the 2,623,436 citizens who voted on the question, 1,871,989 (71.4 per cent) voted in favor and 751,447 (28.6 per cent) opposed;

(ii) chapter 322 of the acts of 2018 establishes the policy of Massachusetts and the statutory basis for the commission to advance that policy, and commissioners were duly appointed, and the first meeting was conducted on May 3, 2019;

(iii) the citizens commission has conducted numerous public meetings, received testimony, and conducted research;

(iv) the citizens commission completed the report required by section 4 of chapter 322;

(v) pursuant to chapter 322, Section 2, the citizens commission is charged with advancing the policy of Massachusetts in favor of amending the Constitution of the United States in the manner described in said chapter and recommended by the citizens commission;

(vi) the citizens commission is charged with ensuring "prudent consideration of such a constitutional amendment by the Massachusetts Congressional delegation and by the citizens and the general court during the ratification process to follow Congressional approval"; and

(vii) chapter 322 is amended for the purpose of ensuring the Citizens Commission efficiently and effectively serves to advance the policy of Massachusetts in favor of said constitutional amendment or amendments until such time as that constitutional amendment or amendments are ratified.

SECTION 2. Subsection (c) of section 1 of chapter 322 of the acts of 2018 is hereby amended by adding the following sentence:- The Citizens Commission is hereby revived and shall continue to exist and perform the responsibilities defined in this section until such time as the aforesaid constitutional amendment or amendments are ratified.

SECTION 3. Subsection (c) of section 2 of said chapter 322 is hereby amended by adding the following sentence:- The governor’s office of boards and commissions shall provide administrative support to the Citizens Commission, including but not limited to maintaining a website, facilitating meetings and similar administrative tasks.

SECTION 4. Subsection (f) of section 3 of said chapter 322 is hereby amended by adding the following sentence:- When making appointments pursuant to subsection (a), the Speaker of the House and the President of the Senate shall consult with their respective minority leaders.

SECTION 5. Said section 3 of said chapter 322 is hereby amended by adding the following subsection:-

(j) (1) In the event a vacancy occurs on the Citizens Commission, the chair, co-chairs or secretary of the Commission shall give notice of such vacancy to the appointing authority for that Commissioner. Within 30 days of receiving notice of the vacancy, the appointing authority shall appoint as a replacement Commissioner: (i) any person who has previously duly applied to serve on the Citizens Commission in the process described in this chapter; or (ii) any person who files an application in compliance with subsections (b) and (c); provided, that such application is publicly posted within 14 days of the notice of vacancy, and no appointment is made until 21 days after notice of the vacancy.

(2) If the appointing authority fails to fill a vacant position in accordance with this subsection, the chair or co-chairs may appoint a replacement Commissioner.

SECTION 6. Subsection (h) of said section 3 of said chapter 322 is hereby amended by inserting after the word "co-chairs" the following words:- and a secretary.

SECTION 7. Section 4 of said chapter 322 is hereby amended by striking out subsection (a) and inserting in place thereof the following subsection:-

(a) At least once per year, the Citizens Commission shall issue a report on its activities, findings and recommendations to advance and ratify the constitutional amendment or amendments that are the subject of this Chapter. The report shall include:

(i) an analysis of the constitutional amendments that have been introduced in Congress to date in response to the Supreme Court’s decision in Citizens United v. FEC, and an assessment of their alignment with the policies and objectives set forth in this Act; and

(ii) recommendations for actions to be taken by Congress, the General Court of Massachusetts, the Governor, Secretary of the Commonwealth, the Attorney General and other public officials and bodies, and citizens of the Commonwealth of Massachusetts to further promotion, proposal and ratification of the recommended constitutional amendment or amendments.

SECTION 8. Said section 4 of said chapter 322 is hereby further amended by striking out subsection (b) and inserting in place thereof the following subsection:-

(b) The Citizens Commission shall deliver each of its reports to the President of the Senate, the Speaker of the House of Representatives, the Governor, the Secretary of the Commonwealth, the Attorney General, each member of the Massachusetts Congressional delegation, the President of the United States, and by public notice, the citizens of Massachusetts within 14 days of such report.

SECTION 9. Said section 4 of said chapter 322 is hereby further amended by striking out subsection (c) and inserting in place thereof the following subsection:-

(c) Within 5 days of receipt, the Secretary of the Commonwealth is instructed to deliver any such report to each of the Secretary's counterparts in each of the several States, requesting that the said Secretary of each State deliver the report to such State's President of the Senate, Speaker of the House of Representatives, Governor, State Secretary, and Attorney General.

SECTION 10. Subsection (e) of said section 4 of said chapter 322 is hereby amended by adding the following sentence:- Provided, that the Citizens Commission shall advance the amendment or amendments by continuing to: (i) engage elected officials and political leadership to ensure support and prompt ratification for the amendments; (ii) engage with other states to gain support for the amendments; and (iii) engage with the public, organizations and the media to increase awareness and support for the amendments.