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The 190th General Court of the Commonwealth of Massachusetts

Office of the Clerk of the Senate


CALENDAR

OF THE
JOINT SESSION OF THE TWO HOUSES
FOR
WEDNESDAY, JUNE 14, 2017

[At one o’clock P.M.]

[CONTINUATION OF RECESSED SESSION
OF MAY 10, 2017.]

________________

[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.]

________________

 

     1. On the following proposal (see Senate, No. 10) (introduced into the General Court by the initiative petition of Marven-Rhode Hyppolite and others) having received, in joint session, the affirmative votes of not less than one-fourth of all members elected [see House, No. 3933 of 2016], has been referred in accordance with Article XLVIII of the Amendments to the Constitution, to the present General Court.
     [After the proposal has been read, the question is on again agreeing to the amendment.]
     [Vote required: –  The affirmative votes of not less than one-fourth of all the members elected – 50 minimum.]
     [Under the provisions of Article XLVIII, Part IV (under THE INTIATIVE), Sections 3 and 4, of the Amendments of the Constitution, a Proposal for an Initiative Amendment “shall be voted upon in the form in which it is introduced, unless such amendment is amended by a vote of three-fourths of the members voting thereon in joint session;” and the “affirmative votes of no less than one-fourth of all members elected” are necessary to agree to the amendment.]
     [Under the provisions of Special Rules A1 and F this proposal is not subject to amendment.]

Proposal for an Initiative Amendment to the Constitution to provide resources for education and transportation through an additional tax on incomes in excess of one million dollars.

     Not less than one-fourth 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 adoption of the following Article of Amendment, to the end that it may become 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

Amendment Article XLIV of the Massachusetts Constitution is hereby

2

amended by adding the following paragraph at the end thereof:

3

    To provide the resources for quality public education and affordable

4

public colleges and universities, and for the repair and maintenance of

5

roads, bridges and public transportation, all revenues received in accordance

6

with this paragraph shall be expended, subject to appropriation, only for

7

these purposes.  In addition to the taxes on income otherwise authorized

8

under this Article, there shall be an additional tax of 4 percent on that

9

portion of annual taxable income in excess of $1,000,000 (one million

10

dollars) reported on any return related to those taxes. To ensure that this

11

additional tax continues to apply only to the commonwealth’s highest

12

income residents, this $1,000,000 (one million dollar) income level shall be

13

adjusted annually to reflect any increases in the cost of living by the same

14

method used for federal income tax brackets. This paragraph shall apply to

15

all tax years beginning on or after January 1, 2019.

2.  On the following proposal (see Senate, No. 11), the committee  on Election Laws has reported, in accordance with Joint Rule 23, recommending that the amendment ought NOT to pass.  [Gobi – Mahoney.] (Senators Fattman and Jehlen dissent.)
[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 establishing an independent redistricting commission.

     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

SECTION 1. Article CI of the Articles of Amendment to the Constitution

2

of the Commonwealth is hereby annulled, and the following is adopted in

3

place thereof:-

4

    Article CI

5

The House of Representatives shall consist of one hundred and sixty

6

members, each of whom shall be elected from one representative district.

7

Every representative shall have been an inhabitant of the district for which

8

he or she is chosen for at least one year at least immediately preceding his

9

or her election and shall cease to represent such district when he or she shall

10

cease to be an inhabitant of the Commonwealth, provided, however, that for

11

the first redistricting following the adoption of this article, the General

12

Court may suspend the residency requirement of this section.

13

SECTION 2. The Senate shall consist of forty members, each of whom

14

shall be elected from one senatorial district. Every senator shall have been

15

an inhabitant of the Commonwealth for at least five years immediately

16

preceding his or her election and shall be an inhabitant of the district for

17

which he or she has been selected at the time of his or her election and shall

18

cease to represent such senatorial district when he or she shall cease to be

19

an inhabitant of the Commonwealth.

20

SECTION 3. The manner of calling and conducting the elections for the

21

choice of representatives, senators, and councillors, and of ascertaining their

22

election, shall be prescribed by law.

23

SECTION 4. The federal census shall be the basis for determining the

24

representative, senatorial, and governor’s council districts for the ten-year

25

period beginning with the first Wednesday of the third January following

26

the commencement of the taking of said census.

27

    SECTION 5. In the year after each census is commenced, and only in that

28

year, an independent redistricting commission, herein referred to as the

29

commission, shall be convened and shall divide the commonwealth into

30

congressional districts, 160 representative districts, 40 senatorial districts,

31

and eight councilor districts. The federal census shall be the basis for

32

determining congressional districts for the ten year period beginning with

33

the first Wednesday of the third January following the commencement of

34

the taking of said census. All districts shall comprise contiguous territory,

35

shall be equal in population to the extent required by law, and shall comply

36

with federal constitutional and statutory requirements. No district shall be

37

drawn for the purpose or with the effect of diluting the voting strength of

38

any group based on race, ethnicity or language minority status, or for the

39

purpose of augmenting or diluting the voting strength of a political party, or

40

any individual. In drawing district lines, the commission shall not consider

41

residential address, party affiliation, or partisan voting history of any

42

individual or groups of individuals, except to the extent necessary to avoid

43

dilution of voting strength based on race, ethnicity or language minority

44

status. In addition, to the maximum extent possible, district boundaries shall

45

be drawn so as to: (1) maintain the unity of well-defined municipal

46

neighborhoods; (2) observe municipal boundaries; (3) establish senatorial

47

districts that follow representative district boundaries; (4) establish

48

councilor districts that follow representative district boundaries and (5)

49

promote geographic compactness of districts. If it is not possible to draw

50

district boundaries that fully comply with these criteria while also

51

complying with the mandatory requirements set forth herein, then districts

52

shall be drawn to optimize the criteria in the order of priority set forth

53

hereinabove. The commission shall also consider communities of interest in

54

determining which cities, towns, or neighborhoods thereof to aggregate into

55

a single district.

56

    Within 30 days of the passage of this act, the following offices shall each

57

appoint one member of the commission: the governor of the

58

commonwealth, who shall appoint a dean or professor of law or political

59

science or government at an institution of higher learning in the

60

commonwealth; the attorney general of the commonwealth, who shall

61

appoint a retired justice who resides in the commonwealth; and the

62

secretary of the commonwealth, who shall appoint an expert in civil rights

63

law who is a resident of the commonwealth.

64

By the same date, the house speaker, the house minority leader, the

65

senate president, and the senate minority leader shall each nominate three

66

individuals. The appointees chosen by the governor, attorney general, and

67

secretary of the commonwealth shall then select one of the three

68

nominees named by each said official within 7 days of their nomination.

69

If nominations or appointments are not made within 30 days of the

70

passage of this act, the office responsible for making the appointment or

71

nominations shall forfeit its rights under this section and the remaining

72

direct appointees shall then make an appointment to fill the vacancy within

73

7 days. Nominations and appointments shall reflect the geographic, racial,

74

ethnic, gender, and age diversity of the commonwealth to the maximum

75

extent feasible and shall be selected on the basis of civic involvement and

76

knowledge of redistricting policy, civil rights, political science,

77

demographics or statistics, election expertise, voting rights, community

78

organizing, or law. No person nominated or appointed to the commission, in

79

the five years preceding such nomination or appointment, shall have held

80

Congressional, state legislative or statewide elective office, or shall have

81

served as mayor or city councilor of a city in the commonwealth,

82

governor’s councilor, or shall have been elected to a state or federal party

83

committee; or shall be a current employee, agent or family member of any

84

of the above; or, in the two years preceding such nomination or

85

appointment, shall have been a legislative agent. The commissioners shall

86

agree: (1) not to stand for election to the general court, congress, or the

87

governor’s council until districts are redrawn following the next census; (2)

88

to apply the provisions of this article in an honest, independent, and

89

impartial fashion; and (3) to act at all times so as to uphold public

90

confidence in the integrity of the redistricting process.

91

The commission shall be convened no later than 60 days following the

92

passage of this act. The commission shall disband only upon final adoption

93

and exhaustion of judicial review of challenges to representative, councilor,

94

and senatorial districts.

95

The commission shall hire staff and may retain experts to assist it in the

96

performance of its duties. The commission shall establish rules governing

97

its operation and procedures. Commissioners may receive compensation for

98

actual time spent on commission duties and shall be reimbursed for

99

reasonable and necessary expenses. The budget of the commonwealth shall

100

provide adequate funding for the operation of the commission.

101

A member of the commission or an appointing authority may petition the

102

supreme judicial court to remove a commissioner on the grounds of neglect,

103

misconduct, or inability to perform the duties of a commissioner. A vacancy

104

so created shall be filled by the office which appointed the removed

105

commissioner or by the nomination and selection process set forth in

106

section 6, as applicable.

107

All meetings of the commission shall be open to the public, consistent

108

with the laws of the commonwealth concerning open meetings as of the

109

date of the adoption of this Article. All documents produced by or for the

110

commission shall be public. The commission shall hold public hearings in

111

at least five geographically disbursed counties. The public shall be afforded

112

the opportunity to submit proposed maps for consideration by the

113

commission and the commission shall make map-making software

114

available for public use. The commission shall take all steps necessary to

115

ensure that the public can exercise its right to review and comment on

116

proposed district maps before they are approved and shall publish all

117

preliminary and final plans in publicly accessible forums that are free of

118

charge and that ensure wide public distribution.  Proposed districts shall be

119

presented in both graphic and narrative form.

120

    No later than April 20, 2019, the commission shall prepare and publish

121

for public comment a preliminary plan for representative, councilor, and

122

senatorial districts. The public shall have a three-week period to comment

123

on the preliminary district plan. The commission may revise the preliminary

124

district plan in response to public comment and shall, no later than May

125

11, 2019, submit the revised plan to the special joint committee on

126

redistricting, as created by order of the general court, as adopted by the

127

senate on January 29, 2009 and adopted by the house on March 5, 2009,

128

which shall vote on the revised plan. If the plan is rejected by either the

129

committee or the general court, the commission shall prepare, publish,

130

revise, and submit a second-round preliminary district plan in the same

131

manner as the first within 30 days of the rejection of the initial plan.

132

Following the three-week period for public comment, the commission may

133

revise the preliminary district plan in response to public comment and shall

134

submit the revised plan to the joint committee for a vote no later than July

135

29, 2019.

136

With respect to each plan the commission submits to the joint committee

137

for a vote, the vote must be taken within two weeks of submission. No

138

amendments to the plan as submitted may be made. If the plan is approved

139

by a majority of the joint committee present and voting, or if no vote is

140

taken within the two-week period, it shall be submitted to the general court

141

for a vote. With respect to each plan the joint committee submits to the

142

general court for a vote, the vote must be taken within two weeks of

143

submission. No amendments to the plan as submitted may be made. If the

144

plan is approved by a majority of the members of the house of

145

and the senate present and voting or if no vote is taken within the two-week

146

period, then the plan as submitted shall become law.

147

    Original jurisdiction is hereby vested in the supreme judicial court upon

148

the petition of any voter of the commonwealth for judicial relief relative to

149

the establishment of the congressional districts. The general court may by

150

law limit the time within which judicial proceedings may be instituted to

151

challenge any redistricting map.

3.  On the following proposal (see Senate, No. 14), the committee on the Judiciary has reported, in accordance with Joint Rule 23, recommending that the amendment ought NOT to pass.  [Brownsberger – Cronin.] (Senators Jehlen and Ross and Representative Garry of Dracut dissent.)
     [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.

     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 People of the Commonwealth of Massachusetts hereby declare it

2

necessary and expedient to alter the Constitution by the adoption of the

3

of the following Article of Amendment:-

4

    With just compensation paid, private property may be taken only when

5

necessary for the possession, occupation and enjoyment of land by the

6

public at large, or by public agencies. Except for the privately owned

7

public utilities or common carries, private property shall not be taken for

8

private commercial enterprise, for economic development or for any

9

other private use, except with the consent of the owner. Property shall

10

not be taken from one owner and transferred to another, on the grounds

11

that the public will benefit from a more profitable private use.

12

Whenever an attempt is made to take property for a use alleged to be

13

public, the question whether the contemplated use is truly public shall

14

be a judicial question, and determined as such without regard to any

15

legislative assertion that the use is public.

4.  On the following proposal (see Senate, No. 15), the committee on State Administration and Regulatory Oversight reported, in accordance with Joint Rule 23, recommending that the amendment ought NOT to pass, the time within which the said committee was required to report having expired.
     [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:- In the furtherance of the foregoing powers, the

3

general court shall have the power to appropriate funds held, in the

4

stabilization fund, so-called, as provided for by section 2H of chapter

5

29, and shall expend those funds in said manner provided that said funds

6

shall be expend in laws enacted by a two thirds vote, taken by yeas

7

and nays, of each branch of the General Court.

5.  On the following proposal (see House, No. 59), the committee on Election Laws has reported, in accordance with Joint Rule 23, recommending that the amendment ought NOT to pass.  [Gobi – Mahoney.] (Senators Fattman and Jehlen and Representative Lombardo of Billerica dissent.)
     [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 for an independent redistricting commission.

     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 CI of the Articles of Amendment to the Constitution of the

2

Commonwealth is hereby annulled, and the following is adopted in place

3

thereof:--

4

    Article CI

5

    SECTION 1. The house of representatives shall consist of 160

6

members, each of whom shall be elected from one representative district.

7

Every representative shall have been an inhabitant of the district for

8

which he is chosen for at least one year at least immediately preceding

9

his election and shall cease to represent such district when he shall ceases

10

to be an inhabitant of the commonwealth; provided, however, that for the

11

first redistricting following the adoption of this article, the general court

12

may suspend the residency requirement of this section.

13

    SECTION 2. The senate shall consist of 40 members, each of whom

14

shall be elected from one senatorial district. Every senator shall have

15

been an inhabitant of the commonwealth for at least five years

16

immediately preceding his election and shall be an inhabitant of the

17

district for which he has been selected at the time of his election and

18

shall cease to represent such senatorial district when he ceases to be an

19

inhabitant of the commonwealth.

20

    SECTION 3. The manner of calling and conducting the elections for

21

the choice of representatives, senators, and councilors, and of

22

ascertaining their election, shall be prescribed by law.

23

    SECTION 4. The federal census shall be the basis for determining the

24

representative, senatorial, and governor’s council districts for the ten  

25

year period beginning with the first Wednesday of the third January

26

following the commencement of the taking of said census.

27

    SECTION 5. In the year after each census is commenced, and only

28

in that year, an independent redistricting commission, herein referred to

29

as the commission, shall be convened and shall divide the

30

commonwealth into 160 representative districts, 40 senatorial districts,

31

and eight councilor districts.  All districts shall comprise contiguous

32

territory, shall be equal in population to the extent required by law, and

33

shall comply with federal constitutional and statutory requirements.  No

34

district shall be drawn for the purpose or with the effect of diluting the

35

voting strength of any group based on race, ethnicity or language

36

minority status, or for the purpose of augmenting or diluting the voting

37

strength of a political party, or any individual. In drawing district lines,

38

the commission shall not consider residential address, party affiliation, or

39

partisan voting history of any individual or groups of individuals, except

40

to the extent necessary to avoid dilution of voting strength based on race,

41

ethnicity or language minority status. In addition, to the maximum extent

42

possible, district boundaries shall be drawn so as to: (1) maintain the

43

unity of well-defined municipal neighborhoods; (2) observe municipal

44

boundaries; (3) establish senatorial districts that follow representative

45

district boundaries; (4) establish councilor districts that follow

46

representative district boundaries and (5) promote geographic

47

compactness of districts. If it is not possible to draw district boundaries

48

that fully comply with these criteria while also complying with the

49

mandatory requirements set forth herein, then districts shall be drawn to

50

optimize the criteria in the order of priority set forth hereinabove. The

51

commission shall also consider communities of interest in determining

52

which cities, towns, or neighborhoods thereof to aggregate into a single

53

district.

54

    SECTION 6. (a) The commission shall consist of seven member

55

commissioners. On or before January 15 of the year following the

56

commencement of the federal census, the following offices shall each

57

appoint one member of the commission: the governor of the

58

commonwealth, who shall appoint a dean or professor of law or political

59

science or government at an institution of higher learning in the

60

commonwealth; the attorney general of the commonwealth, who shall

61

appoint a retired justice who resides in the commonwealth; and the

62

secretary of the commonwealth, who shall appoint an expert in civil

63

rights law who is a resident of the commonwealth.

64

    (b) By the same date, the house speaker, the house minority leader,

65

the senate president, and the senate minority leader shall each nominate

66

three individuals. The appointees chosen by the governor, attorney

67

general, and secretary of the commonwealth shall then select one of the

68

three nominees named by each said official.

69

    (c) If nominations or appointments are not made by January 15 of such

70

year, the office responsible for making the appointment or nominations

71

shall forfeit its rights under this section and the remaining direct

72

appointees shall then make an appointment to fill the vacancy.

73

Nominations and appointments shall reflect the geographic, racial,

74

ethnic, gender, and age diversity of the commonwealth to the maximum

75

extent feasible and shall be selected on the basis of civic involvement

76

and knowledge of redistricting policy, civil rights, political science,

77

demographics or statistics, election expertise, voting rights, community

78

organizing, or law. No person nominated or appointed to the

79

commission, in the five years preceding such nomination or appointment,

80

shall have held Congressional, state legislative or statewide elective

81

office, or shall have served as mayor or city councilor of a city in the

82

commonwealth, governor’s councilor, or shall have been elected to a

83

state or federal party committee; or shall be a current employee, agent or

84

family member of any of the above; or, in the two years preceding such

85

nomination or appointment, shall have been a legislative agent. The

86

commissioners shall agree: (1) not to stand for election to the general

87

court, congress, or the governor’s council until districts are redrawn

88

following the next census; (2) to apply the provisions of this article in an

89

honest, independent, and impartial fashion; and (3) to act at all times so

90

as to uphold public confidence in the integrity of the redistricting

91

process.

92

    SECTION 7. The commission shall be convened no later than

93

February 15 of the year following the commencement of the decennial

94

census. The commission shall disband only upon final adoption and

95

exhaustion of judicial review of challenges to representative, councilor,

96

and senatorial districts.

97

    SECTION 8. The commission shall hire staff and may retain experts to

98

assist it in the performance of its duties. The commission shall establish

99

rules governing its operation and procedures. Commissioners may

100

receive compensation for actual time spent on commission duties and

101

shall be reimbursed for reasonable and necessary expenses. The budget

102

of the commonwealth shall provide adequate funding for the operation of

103

the commission.

104

    SECTION 9. A member of the commission or an appointing authority

105

may petition the supreme judicial court to remove a commissioner on the

106

grounds of neglect, misconduct, or inability to perform the duties of a

107

commissioner. A vacancy so created shall be filled by the office which

108

appointed the removed commissioner or by the nomination and selection

109

process set forth in section 6, as applicable.

110

    SECTION 10. All meetings of the commission shall be open to the

111

public, consistent with the laws of the commonwealth concerning open

112

meetings as of the date of the adoption of this Article. All documents

113

produced by or for the commission shall be public. The commission

114

shall hold public hearings in at least five geographically disbursed

115

counties. The public shall be afforded the opportunity to submit proposed

116

maps for consideration by the commission and the commission shall

117

make map-making software available for public use. The commission

118

shall take all steps necessary to ensure that the public can exercise its

119

right to review and comment on proposed district maps before they are

120

approved and shall publish all preliminary and final plans in publicly

121

accessible forums that are free of charge and that ensure wide public

122

distribution. Proposed districts shall be presented in both graphic and

123

narrative form.

124

    SECTION 11. (a) Within 120 days of the completion of the decennial

125

census, the commission shall prepare and publish for public comment a

126

preliminary plan for representative, councilor, and senatorial districts.

127

The public shall have a three-week period to comment on the preliminary

128

district plan. The commission may revise the preliminary district plan in

129

response to public comment and shall submit the revised plan to the

130

general court, which shall vote on the revised plan. If the plan is rejected,

131

the commission shall prepare, publish, revise, and submit a second-round

132

preliminary district plan in the same manner as the first. Following the

133

period for public comment, the commission shall submit the revised plan

134

to the general court for a vote. If the general court votes to reject the

135

second-round plan, the commission shall prepare, publish, revise, and

136

submit a third-round preliminary district plan, in the same manner as the

137

first. If the general court rejects the third-round plan, then the

138

commission shall prepare, publish, and revise a fourth-round plan in the

139

same manner. The plan, so revised, shall become law without

140

submission to or approval by the general court.

141

    (b) With respect to each plan the commission submits to the general

142

court for a vote, the vote must be taken within two weeks of submission.

143

No amendments to the plan as submitted may be made. If the plan is

144

approved by a majority of the members of the house of representatives

145

and the senate present and voting or if no vote is taken within the two-

146

week period, then the plan as submitted shall become law.

147

SECTION 12. Original jurisdiction is hereby vested in the supreme

148

judicial court upon the petition of any voter of the commonwealth for

149

judicial relief relative to the establishment of the representative,

150

councilor, and senatorial districts. The general court may by law limit the

151

time within which judicial proceedings may be instituted to challenge

152

any redistricting map.

6.  On the following proposal (see House, No. 61), the committee on the Judiciary has reported, in accordance with Joint Rule 23, recommending that the amendment ought NOT to pass.  [Brownsberger – Cronin.] (Senator Ross dissents.)
     [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 term of judicial officers.

     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

2

Massachusetts is hereby annulled and the following Article is adopted in

3

place thereof:-

4

    Article I.   The tenure, that all commissioned officers shall by law have

5

in their offices, shall be expressed in their respective commissions. All

6

judicial officers, duly appointed, commissioned and sworn, shall hold

7

their offices during good behavior, for a period of seven years excepting

8

such concerning whom there is different provision made in this

9

Constitution. After the expiration of the initial seven-year term, the

10

judicial officer shall be eligible for reappointment; provided, however,

11

that such reappointment shall be by majority vote of the council, after

12

due notice and a public hearing. If the judicial officer fails to receive a

13

majority vote of the council, they shall not be eligible for reappointment

14

to any judicial position. Should the judicial officer receive a vote of

15

affirmation by the council, they shall be eligible for reappointment in like

16

manner every seven years thereafter; provided, however, that the

17

governor, with the consent of the council, may remove them upon the

18

address of both houses of the legislature; and provided, further, that the

19

governor, with the consent of council may, after due notice and hearing,

20

retire them because of advanced age or mental or physical disability.

21

Upon attaining seventy years of age said judges shall be retired. Such

22

retirement shall be subject to any provisions made by law as to pensions

23

or allowances payable to such officers upon their voluntary retirement.

7.  On the following proposal (see House, No. 62), the committee  on the Judiciary has reported, in accordance with Joint Rule 23, recommending that the amendment ought NOT to pass.  [Brownsberger – Cronin.] (Senators Jehlen and Ross dissent.)
     [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

3

public use of the commonwealth under the first paragraph of Article X of

4

Part the First of the Constitution.

8.  On the following proposal (see House, No. 63), the committee on the Judiciary has reported, in accordance with Joint Rule 23, recommending that the amendment ought NOT to pass.  [Brownsberger – Cronin.] (Senators Creem, Jehlen and Keenan and Representative Garry of Dracut dissent.)
     [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 declare that corporations are not people, money is not speech.

     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

    Corporations are not people and may be regulated. The rights afforded

2

to the human inhabitants of the commonwealth, under this constitution,

3

are not applicable to corporations, limited liability companies or any

4

other corporate entity. Any references to persons, citizens, inhabitants,

5

subjects, men, people, individuals or like terms in this constitution, are

6

not to be construed in any way to be referring to a corporation, limited

7

liability company or any other corporate entities.

8

    Corporations, limited liability companies and any other corporate

9

entity shall do business in this state under the regulation of laws passed

10

by the general court which shall set the rights of such entities to do

11

business to promote the common good and strengthen the social compact

12

of this commonwealth.

13

    Money is not free speech and may be regulated. To protect our

14

political process and the functioning of government to serve in the best

15

interests of the citizens of the commonwealth, money shall not be

16

considered free speech. The general court shall have the power to

17

regulate the raising and spending of money and in-kind equivalents for

18

any primary or election of a public official and for ballot measures. This

19

shall include regulation of any advertising for or against any candidate

20

in a primary or election for public office and any ballot measure.

21

    Nothing contained in this amendment shall be construed to restrain the

22

liberty of the press.

9.  On the following proposal (see House, No. 64), the committee on the Judiciary has reported, in accordance with Joint Rule 23, recommending that the amendment ought NOT to pass.  [Brownsberger – Cronin.] (Senator Ross dissents.)
     [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 define the succession plan for a vacancy in the office of Lieutenant Governor.

     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

    Whenever the chair of the lieutenant governor shall be vacant, by

2

reason of death, resignation, removal from office, or permanent

3

incapacity, the governor shall nominate a lieutenant governor, who shall

4

take office upon confirmation by a majority vote of both house of the

5

General Court.

10.  On the following proposal (see House, No. 65), the committee on the Judiciary has reported, in accordance with Joint Rule 23, recommending that the amendment ought to pass with an amendment. 
     [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 subject matter of initiative petitions.

     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 2 of Part II, “Initiative Petitions”, of Article XLVIII of the

2

Amendments to the Constitution of the Commonwealth is hereby

3

amended by inserting after the third paragraph a new paragraph, as

4

follows:-

5

    No initiative petition shall propose a constitutional amendment that

6

would restrict the rights set forth in this constitution to freedom and

7

equality, or the right of each individual to be protected by society in the

8

enjoyment of life, liberty and property, according to standing laws.

     [The committee on the Judiciary (Brownsberger – Cronin) recommends that the proposal be amended by substituting a new draft with the same title (see Senate, No. 2055).]

ARTICLE OF AMENDMENT

1

    Section 2 of Part II, “Initiative Petitions”, of Article XLVIII of the

2

Amendments to the Constitution of the Commonwealth is hereby

3

amended by striking the word “and” in the last line of the third paragraph

4

and inserting in the third paragraph after the word “assembly”:-

5

the rights set forth in this constitution to freedom and equality, or the

6

right of each individual to be protected by society in the enjoyment of

7

life, liberty and property, according to standing laws.


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, 2017 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. 105 and 124 of the Manual for 2013-2014); 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.