Office of the Clerk of the Senate

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CALENDAR

 OF THE

JOINT SESSION OF THE TWO HOUSES

FOR

 WEDNESDAY, APRIL 10, 2024

 [At eleven o’clock A.M.]

[CONTINUATION OF RECESSED SESSION
OF MAY 10, 2023 AND OCTOBER 11, 2023]

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[CONCURRENTLY ASSIGNED FOR CONSIDERATION.]

[All amendments to be offered should be drafted so that the line
numbers correspond with the line numbers in the printed Convention
Calendar and not with the printed proposals.]

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            1. On the following proposal (see Senate, No. 12), the committee on Municipalities and Regional Government has reported, in accordance with Joint Rule 23, recommending that the amendment ought to pass. [Oliveira – Fiola.]
            [Question on ordering the proposal to a third reading – after the proposal is twice read in succession.]
            [Vote required: Majority of members present and voting.] 

Proposal for a legislative amendment to the Constitution relative to select boards.

             A majority of all the members elected to the Senate and House of Representatives, in joint session, hereby declares it to be expedient to alter the Constitution by the adoption of the following Article of Amendment, to the end that it may become a part of the Constitution [if similarly agreed to in a joint session of the next General Court and approved by the people at the state election next following]:

ARTICLE OF AMENDMENT 

1	SECTION 1. Article II of Section II of Chapter I of Part the Second of
2	the Constitution of the Commonwealth is hereby amended by striking out
3	the word “selectmen”, each time it appears, and inserting in place thereof,
4	in each instance, the following words:- select board.
5	SECTION 2. Article III of Section I of Chapter II of said Part the Second
6	is hereby amended by striking out the word “selectmen”, each time it
7	appears, and inserting in place thereof, in each instance, the following
8	words:- select board.
9	SECTION 3. Article X of Chapter VI of said Part the Second is hereby
10	amended by striking out the word “selectmen” and inserting in place thereof
11	the following words:- select board.
12	SECTION 4. Article II of the Articles of Amendment to the Constitution
13	of the Commonwealth, as appearing in Article LXXXIX of said Articles of
14	Amendment, is hereby amended by striking out the words “board of
15	selectmen”, each time they appear, and inserting in place thereof, in each
16	instance, the following words:- select board.

  

            2. On the following proposal (see Senate, No. 13), the committee on Revenue has reported, in accordance with Joint Rule 23, recommending that the amendment ought to pass. [Moran – Cusack.]
            [Question on ordering the proposal to a third reading – after the proposal is twice read in succession.]
            [Vote required: Majority of members present and voting.]

Proposal for a legislative amendment to the Constitution relative to agricultural and horticultural lands. 

            A majority of all the members elected to the Senate and House of Representatives, in joint session, hereby declares it to be expedient to alter the Constitution by the adoption of the following Article of Amendment, to the end that it may become a part of the Constitution [if similarly agreed to in a joint session of the next General Court and approved by the people at the state election next following]:

ARTICLE OF AMENDMENT 

1	Article XCIX of the Amendments to the Constitution is hereby annulled,
2	and the following is adopted in place thereof:-
3	Article XCIX. Full power and authority are hereby given and granted to
4	the general court to prescribe, for the purpose of developing and conserving
5	agricultural or horticultural lands, that such lands shall be valued, for the
6	purpose of taxation, according to their agricultural or horticultural uses;
7	provided, that the parcel has been actively devoted to agricultural or
8	horticultural uses for the 2 years preceding the tax year.

 

             3. On the following proposal (see Senate, No. 14), the committee on Revenue has reported, in accordance with Joint Rule 23, recommending that the amendment ought NOT to pass. [Moran – Cusack.]
            [Senator Fattman and Representative Soter of Bellingham dissenting.]
            [Question on ordering the proposal to a third reading – after the proposal is twice read in succession.]
            [Vote required: Majority of members present and voting.]

 Proposal for a legislative amendment to the Constitution requiring a supermajority vote for the utilization of rainy day funds. 

            A majority of all the members elected to the Senate and House of Representatives, in joint session, hereby declares it to be expedient to alter the Constitution by the adoption of the following Article of Amendment, to the end that it may become a part of the Constitution [if similarly agreed to in a joint session of the next General Court and approved by the people at the state election next following]:

ARTICLE OF AMENDMENT 

1	The constitution is hereby amended by inserting at the end thereof the
2	following new article:-
3	In the furtherance of the foregoing powers, the general court shall have
4	the power to appropriate funds held, in the stabilization fund, so-called, as
5	provided for by section 2H of chapter 29, and shall expend those funds in
6	said manner provided that said funds shall be expend in laws enacted by a
7	two thirds vote, taken by yeas and nays, of each branch of the General
8	Court.

 

             4. On the following proposal (see Senate, No. 15), the committee on Revenue has reported, in accordance with Joint Rule 23, recommending that the amendment ought NOT to pass. [Moran – Cusack.]
            [Senator Fattman and Representative Soter of Bellingham dissenting.]
            [Question on ordering the proposal to a third reading – after the proposal is twice read in succession.]
            [Vote required: Majority of members present and voting.] 

Proposal for a legislative amendment to the Constitution to cap the state income tax. 

            A majority of all the members elected to the Senate and House of Representatives, in joint session, hereby declares it to be expedient to alter the Constitution by the adoption of the following Article of Amendment, to the end that it may become a part of the Constitution [if similarly agreed to in a joint session of the next General Court and approved by the people at the state election next following]:

ARTICLE OF AMENDMENT 

1	Article 44 of the Massachusetts Constitution is hereby amended by
2	adding the following paragraph at the end thereof:-
3	In addition to the taxes on income otherwise authorized under this
4	Article, the tax on that portion of annual taxable income shall not be in
5	excess of 6.25 per cent reported on any return related to those taxes. This
6	paragraph shall apply to all tax years beginning on or after January 1, 2023.

 

            5. On the following proposal (see House, No. 26), the committee on Election Laws has reported, in accordance with Joint Rule 23, recommending that the amendment ought to pass. [Keenan – Ryan.]
            [Question on ordering the proposal to a third reading – after the proposal is twice read in succession.]
            [Vote required: Majority of members present and voting.]

 Proposal for a legislative amendment to the Constitution relative to voting rights.

             A majority of all the members elected to the Senate and House of Representatives, in joint session, hereby declares it to be expedient to alter the Constitution by the adoption of the following Article of Amendment, to the end that it may become a part of the Constitution [if similarly agreed to in a joint session of the next General Court and approved by the people at the state election next following]:

ARTICLE OF AMENDMENT 

1	Article III of the Amendments to the Constitution, as amended, is hereby
2	further amended by striking out the words “, excepting persons who are
3	incarcerated in a correctional facility due to a felony conviction, and”,
4	inserted by Article CXX of the Amendments to the Constitution.

 

            6. On the following proposal (see House, No. 33), the committee on the Judiciary has reported, in accordance with Joint Rule 23, recommending that the amendment ought to pass. [Eldridge – Day.]
            [Question on ordering the proposal to a third reading – after the proposal is twice read in succession.]
            [Vote required: Majority of members present and voting.] 

Proposal for a legislative amendment to the Constitution relative to the oaths and affirmations of public office. 

            A majority of all the members elected to the Senate and House of Representatives, in joint session, hereby declares it to be expedient to alter the Constitution by the adoption of the following Article of Amendment, to the end that it may become a part of the Constitution [if similarly agreed to in a joint session of the next General Court and approved by the people at the state election next following]:

ARTICLE OF AMENDMENT 

1	Article VI of the Amendments to the Constitution is hereby amended by
2	striking out the third paragraph and inserting in place thereof the following
3	paragraph:-
	Provided, that when any person shall decline taking said oath, the person
4	shall make an affirmation in the foregoing form, omitting the word “swear”
5	and inserting instead thereof the word “affirm;” and omitting the words “So
6	help me God,” and subjoining, instead thereof, the words “This I do under
7	the pains and penalties of perjury.”

  

            7. On the following proposal (see House, No. 35), the committee on the Judiciary has reported, in accordance with Joint Rule 23, recommending that the amendment ought NOT to pass. [Eldridge – Day.]
            [Question on ordering the proposal to a third reading – after the proposal is twice read in succession.]
            [Vote required: Majority of members present and voting.]

 Proposal for a legislative amendment to the Constitution prohibiting eminent domain takings.

             A majority of all the members elected to the Senate and House of Representatives, in joint session, hereby declares it to be expedient to alter the Constitution by the adoption of the following Article of Amendment, to the end that it may become a part of the Constitution [if similarly agreed to in a joint session of the next General Court and approved by the people at the state election next following]:

ARTICLE OF AMENDMENT 

1	The taking of land or interests therein by eminent domain for private
2	commercial or economic development is hereby declared not to be a public
3	use of the commonwealth under the first paragraph of Article X of Part the
4	First of the Constitution.

 

            8. On the following proposal (see House, No. 36), the committee on the Judiciary has reported, in accordance with Joint Rule 23, recommending that the amendment ought NOT to pass. [Eldridge – Day.]
            [Question on ordering the proposal to a third reading – after the proposal is twice read in succession.]
            [Vote required: Majority of members present and voting.]

 Proposal for a legislative amendment to the Constitution relative to changing the mandatory age of retirement for judges. 

            A majority of all the members elected to the Senate and House of Representatives, in joint session, hereby declares it to be expedient to alter the Constitution by the adoption of the following Article of Amendment, to the end that it may become a part of the Constitution [if similarly agreed to in a joint session of the next General Court and approved by the people at the state election next following]:

ARTICLE OF AMENDMENT 

1	Article I of Chapter III of Part the Second of the Constitution of the
2	Commonwealth is hereby amended by striking out the word “seventy” and
3	and inserting in place thereof the following figure:- 75.

 

            9. On the following proposal (see House, No. 41), the committee on Revenue has reported, in accordance with Joint Rule 23, recommending that the amendment ought to pass. [Moran – Cusack.]
            [Question on ordering the proposal to a third reading – after the proposal is twice read in succession.]
            [Vote required: Majority of members present and voting.]

 Proposal for a legislative amendment to the Constitution relative to agricultural and horticultural lands. 

            A majority of all the members elected to the Senate and House of Representatives, in joint session, hereby declares it to be expedient to alter the Constitution by the adoption of the following Article of Amendment, to the end that it may become a part of the Constitution [if similarly agreed to in a joint session of the next General Court and approved by the people at the state election next following]:

ARTICLE OF AMENDMENT 

1	Article XCIX of the Amendments to the Constitution is hereby annulled,
2	and the following is adopted in place thereof:-
3	Article XCIX. Full power and authority are hereby given and granted to
4	the general court to prescribe, for the purpose of developing and conserving
5	agricultural or horticultural lands, that such lands may be valued, for the
6	purpose of taxation, according to their agricultural or horticultural uses;
7	provided, however, that a parcel of land may be valued at less than fair
8	market value under this article if the parcel has been actively devoted to
9	agricultural or horticultural uses for the 2 years preceding the tax year and
10	(1) if the parcel is located in a municipality with a population of less than
11	50,000 and is 2 acres or more in area; or (2) if the parcel is located in a
12	municipality with a population of 50,000 or more and is ¼ acre or mores in
13	area.

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SPECIAL RULES WITH REFERENCE TO THE

CONSIDERATION, IN JOINT SESSION,

OF PROPOSALS FOR AMENDMENTS TO THE

CONSTITUTION. 

            [Adopted by the Senate and the House of Representatives as the rules for the joint session to be held May 10, 2023 and for any subsequent joint sessions which may be held.]

            [See Amendments to the Constitution, Art. XLVIII, the Initiative, Part V, and Art. LXXXI (pp. 103 and 125 of the Manual for 2019-2020); and also Joint Rules No. 23, 24, 25 and 26.]

 

             Rule A. After a Proposal for an Initiative Amendment has been read, the question shall then be on agreeing to the Amendment; whereupon it shall be open to debate and any motion provided for in special Rule F.

          Rule A1. A proposal for a legislative amendment which has received the affirmative votes of a majority of all the members elected to the preceding General Court shall be read; whereupon it shall be open to debate, but may not be amended, and the question shall then be on agreeing to the amendment. A proposal for a legislative amendment which has not previously been agreed to in joint session of the two houses shall be read twice in immediate succession; and the question shall be on ordering it to a third reading, whereupon it shall be open to debate and amendment. 

         Rule B. If it is ordered to a third reading, the proposal shall be read and considered at such subsequent joint session or joint sessions as may be agreed upon by the two houses or called by the Governor, in accordance with the provisions of the Constitution.

         This rule may be suspended by a vote of four-fifths of the members of the joint session, present and voting thereon, in which case the proposal shall forthwith be read a third time; provided, however, that a motion to suspend the rule shall not be in order unless the committees on Bills in the Third Reading of the two houses, acting jointly, have examined the proposal and reported thereon in accordance with the provisions of Rule C. 

         Rule C. Before the proposal is read a third time, it shall be examined by committees on the Bills in the Third Reading of the two houses, acting jointly, and reported on by them in the manner provided in the standing rules of the Senate and of the House; provided, however, that a motion directing the committees on Bills in the Third Reading of the two houses, acting jointly, to report on a proposal which was ordered to a third reading at a prior joint session shall require a two-thirds vote of the members of the joint session present and voting thereon. 

        Rule D. After the third reading of the proposal, the question shall be on agreeing to the Amendment, whereupon it shall be open for debate or any motion provided for in special Rule F.  

       Rule E. If a Proposal for an Initiative Amendment is amended, before the question is taken on agreeing to the Proposal, it shall be examined by the committees on Bills in the Third Reading of the two houses, acting jointly, and reported on by them in the manner provided in the standing rules of the Senate and of the House. 

      Rule E1. Proposals which have not previously been agreed to in joint session and which are amended subsequently to their being ordered to a third reading, unless the amendment was reported by the committees on Bills in the Third Reading of the two houses, acting jointly, shall be referred forthwith to said committees and reported on by them in the manner provided in the standing rules of the Senate and of the House. 

           Rule F. When the main question is under debate the President shall receive no motion that does not relate to the same, except the motion to adjourn or some other motion which has precedence by express rule or because it is privileged in its nature; and he shall receive no motion relating to the same except: 

           For the previous question;
           To close debate at a specified time;
           To postpone until the two houses meet again in joint session;
           To commit (or recommit), with or without instructions, to a special committee of the joint session composed of members of both houses;
            To amend (excepting during consideration by the second successive General Court);

Which several motions shall have precedence in the order here arranged.

No motion to reconsider a vote on a main question shall be entertained unless made on the same day on which the vote was taken; and if moved, shall be considered at the time it is made.

       Rule G. The sense of the joint session shall be taken by the yeas and nays whenever required by thirty-five of the members present.

      Whenever the yeas and nays have been ordered, the names of the Senators shall be called first, in alphabetical order; and the yea and nay vote of the House membership shall be determined in accordance with the House rules, excepting that those members of the House who have not been recorded in the usual manner as provided under the rules of the House may be recorded on a yea and nay list after the electric voting machine has been closed and before the final vote has been announced.

      A pair with any member who is absent with a committee by authority of either or both houses may be announced, and shall be recorded, in the following manner:

      If, before the question is taken, a member states that he has paired with another member who is absent with a committee by authority of the Senate or House, and how each would vote upon the pending question, the fact shall be entered in the Journals immediately after the record of the yeas and nays, and such member shall be excused from voting, but shall be included with the members voting for the purposes of a quorum; provided, however, nothing in this rule shall be construed as to permit pairing by a member on a question involving a required vote of two-thirds, three-fourths, four-fifths or a majority of a specified number of votes.

       Rule H. It shall not be in order for the two houses to go into a Committee of the Whole when in joint session.

     Rule I. If the two houses are in joint session ten minutes before the hour of meeting of either branch, the President shall declare an adjournment.

       Rule J. The rules of the House of Representatives, including the last paragraph of House Rule 81, shall govern the proceedings in the joint sessions in all cases to which they are applicable, and in which they are not inconsistent with the provisions of Article XLVIII of the Amendments to the Constitution, or with these rules or amendments thereof, or with Joint Rules Nos. 23, 24, 25 and 26. 

       Rule K. It shall be in order to recess the convention from time to time upon a majority vote of said convention. 

       Rule L. Except as is otherwise provided in Rule B, Rules A to L, inclusive, may be altered, suspended or rescinded by concurrent votes of two-thirds of the members of each branch present and voting thereon in their respective branches.