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The 189th 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, JULY 13, 2016

[At one o’clock P.M.]

[CONTINUATION OF RECESSED SESSIONS OF MAY 13, 2015,
OCTOBER 21, 2015, FEBRUARY 3, 2016 and MAY 18, 2016.]


[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.]


6.  On the following proposal (see House, No. 1400), the committee on the Judiciary has reported, in accordance with Joint Rule 23, recommending that the amendment ought NOT to pass.  [Brownsberger – Fernandes.]
[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

4

of Part the First of the Constitution.

7.  On the following proposal (see House, No. 1570), the committee on the Judiciary has reported, in accordance with Joint Rule 23, recommending that the amendment ought NOT to pass.  [Brownsberger – Fernandes.] (Senators Chang-Diaz and Creem 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 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.

 


1.  On the following proposal (see Senate, No. 53), the committee on Election Laws has reported, in accordance with Joint Rule 23, recommending that the amendment ought NOT to pass.  [Kennedy – Mahoney.]

     The proposal has been read twice, in accordance with the special rules, on February 3, 2016.]
     [Question on ordering to a third reading.]
     [Vote required: - Majority of members present and voting.]

Proposal for a legislative amendment to the Constitution relative to corporate rights and political spending.

     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 CXXI

2

Section 1. Corporations are not people and may be regulated. The

3

rights afforded to the human inhabitants of the Commonwealth, under

4

this Constitution, are not applicable to corporations, limited liability

5

companies, any corporate entity or any artificial person. Any references

6

to persons, citizens, inhabitants, subjects, men, women, people,

7

individuals or like terms in this Constitution, are not to be construed in

8

any way to be referring to a corporation, limited liability company, any

9

corporate entity or any artificial person. Corporations, limited liability

10

companies, any corporate entity or any artificial person, shall do

11

business in this state under the regulation of laws passed by the

12

legislature which shall set the rights of such entities to do business

13

to promote the common good and strengthen the social compact of this

14

Commonwealth.

15

     Section 2. Money is not free speech and may be regulated. To protect 

16

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

17

best interests of the citizens of the Commonwealth, money shall not be

18

considered free speech. The legislature shall have the power to regulate

17

the raising and spending of money and inkind equivalents for any

19

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

20

include regulation of any advertising for or against any candidate in a

21

primary or election for public office and any ballot measure.

22

Section 3. Nothing contained in this Amendment shall be construed

23

to abridge the freedom of the press.

     [Postponed on motion of Mr. Donnelly – February 3, 2016.]

4.  On the following proposal (see House, No. 933), the committee on the Judiciary has reported, in accordance with Joint Rule 23, recommending that the amendment ought NOT to pass.  [Brownsberger – Fernandes.] (Senators Creem and Jehlen and Representative Day of Stoneham dissent.)

     [The proposal has been read twice, in accordance with the special rules, on February 3, 2016.]
     [Question on ordering to a third reading.]
     [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

2

afforded to the human inhabitants of the commonwealth, under this

3

constitution, are not applicable to corporations, limited liability

4

companies or any other corporate entity. Any references to persons,

5

citizens, inhabitants, subjects, men, people, individuals or like terms in

6

this constitution, are not to be construed in any way to be referring to a

7

corporation, limited 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

12

compact 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

18

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

19

This shall include regulation of any advertising for or against any

20

candidate in a primary or election for public office and any ballot

21

measure.

22

     Nothing contained in this amendment shall be construed to restrain

23

the liberty of the press.

     [Postponed on motion of Mr. Rogers of Cambridge – February 3, 2016.]

5.  On the following proposal (see House, No. 1343), the committee on the Judiciary has reported, in accordance with Joint Rule 23, recommending that the amendment ought NOT to pass.  [BrownsbergerFernandes.]
[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

3

in place thereof:-

4

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

5

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

6

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

7

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

8

excepting such concerning whom there is different provision made in

9

this 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

16

like 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.

     [Postponed on motion of Mr. Golden of Lowell – April 6, 2016.]

8.  On the following proposal (see House, No. 1609), the committee on the Judiciary has reported, in accordance with Joint Rule 23, recommending that the amendment ought NOT to pass.  [Brownsberger – Fernandes.]
[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 retirement of 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 1 of Part 2, chapter 3 of the constitution is hereby amended

2

by striking the words: "that upon attaining seventy years of age said

3

judges shall be retired.",  and inserting  in place thereof the words:

4

"that upon attaining seventy-six years of age said judges shall be

5

retired."

[Ms. Story of Amherst gives notice that she will move to amend the proposal in line 5, by adding at the end thereof the following:- This amendment shall be effective November 8, 2018, and shall not be construed to affect any judges retired prior to said date.]
[Postponed on motion of Ms. Story of Amherst – April 6, 2016.]

9.  On the following proposal (see House, No. 3350), the committee on Election Laws has 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 relative to qualifications of voters.

     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 most recently

2

amended by Article CXX of the Amendments to the Constitution, is

3

hereby further amended by inserting after the word “conviction” the

4

following words:- of indecent assault and battery on a child, attempt to

5

commit murder by poison, drowning or strangulation, murder,

6

manslaughter or assault with intent to commit rape, or for which the

7

person may be punished by imprisonment in a state prison for life.

[Postponed on motion of Mr. Rogers of Cambridge – April 6, 201


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 13, 2015 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.