Bills

Joint Calendar for Wednesday, October 12, 2011

CALENDAR OF THE
JOINT SESSION OF THE TWO HOUSES FOR
WEDNESDAY, OCTOBER 12, 2011

[At one o’clock P.M.]

[AND FOR SUBSEQUENT SESSIONS IF ORDERED.]

[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. 11), the committee on Election Laws has reported, in accordance with Joint Rule 23, recommending that the amendment ought NOT to pass. [Finegold-Moran.] (Senator Knapik 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 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

1	SECTION 1. ARTICLE OF AMENDMENT
2	Article CI of the Articles of Amendment to the Constitution of the
3	Commonwealth is hereby annulled, and the following is adopted in place
4	thereof:
5	Article CI
6	The House of Representatives shall consist of one hundred and sixty
7	members, each of whom shall be elected from one representative district. Every
8	representative shall have been an inhabitant of the district for which he or she is
9	chosen for at least one year at least immediately preceding his or her election
10	and shall cease to represent such district when he or she shall cease to be an
11	inhabitant of the Commonwealth, provided, however, that for the first
12	redistricting following the adoption of this article, the General Court may
13	suspend the residency requirement of this section.
14	SECTION 2. The Senate shall consist of forty members, each of whom shall
15	be elected from one senatorial district. Every senator shall have been an
16	inhabitant of the Commonwealth for at least five years immediately preceding
17	his or her election and shall be an inhabitant of the district for which he or she
18	has been selected at the time of his or her election and shall cease to represent
19	such senatorial district when he or she shall cease to be an inhabitant of the
20	Commonwealth.
21	SECTION 3. The manner of calling and conducting the elections for the
22	choice of representatives, senators, and councillors, and of ascertaining their
23	election, shall be prescribed by law.
24	SECTION 4. The federal census shall be the basis for determining the
25	representative, senatorial, and governor’s council districts for the ten-year
26	period beginning with the first Wednesday of the third January following the
27	commencement of the taking of said census.
28	SECTION 5. In the year after each census is commenced, and only in that
29	year, an independent redistricting commission, herein referred to as the
30	commission, shall be convened and shall divide the commonwealth into
31	congressional districts, 160 representative districts, 40 senatorial districts, and
32	eight councilor districts. The federal census shall be the basis for determining
33	congressional districts for the ten year period beginning with the first
34	Wednesday of the third January following the commencement of the taking of
35	said census. All districts shall comprise contiguous territory, shall be equal in
36	population to the extent required by law, and shall comply with federal
37	constitutional and statutory requirements. No district shall be drawn for the
38	purpose or with the effect of diluting the voting strength of any group based on
39	race, ethnicity or language minority status, or for the purpose of augmenting or
40	diluting the voting strength of a political party, or any individual. In drawing
41	district lines, the commission shall not consider residential address, party
42	affiliation, or partisan voting history of any individual or groups of individuals,
43	except to the extent necessary to avoid dilution of voting strength based on race,
44	ethnicity or language minority status. In addition, to the maximum extent
45	possible, district boundaries shall be drawn so as to: (1) maintain the unity of
46	well-defined municipal neighborhoods; (2) observe municipal boundaries; (3)
47	establish senatorial districts that follow representative district boundaries; (4)
48	establish councilor districts that follow representative district boundaries and to
49	(5) promote geographic compactness of districts. If it is not possible to draw
50	district boundaries that fully comply with these criteria while also complying
51	with the mandatory requirements set forth herein, then districts shall be drawn
52	to optimize the criteria in the order of priority set forth hereinabove. The
53	commission shall also consider communities of interest in determining which
54	cities, towns, or neighborhoods thereof to aggregate into a single district.
55	Within 30 days of the passage of this act, the following offices shall each
56	appoint one member of the commission: the governor of the commonwealth,
57	who shall appoint a dean or professor of law or political science or government
58	at an institution of higher learning in the commonwealth; the attorney general of
59	the commonwealth, who shall appoint a retired justice who resides in the
60	commonwealth; and the secretary of the commonwealth, who shall appoint an
61	expert in civil rights law who is a resident of the commonwealth.
62	By the same date, the house speaker, the house minority leader, the senate
63	president, and the senate minority leader shall each nominate three individuals.
64	The appointees chosen by the governor, attorney general, and secretary of the
65	commonwealth shall then select one of the three nominees named by each said
66	official within 7 days of their nomination.
67	If nominations or appointments are not made within 30 days of the passage
68	of this act, the office responsible for making the appointment or nominations
69	shall forfeit its rights under this section and the remaining direct appointees
70	shall then make an appointment to fill the vacancy within 7 days. Nominations
71	and appointments shall reflect the geographic, racial, ethnic, gender, and age
72	diversity of the commonwealth to the maximum extent feasible and shall be
73	selected on the basis of civic involvement and knowledge of redistricting
74	policy, civil rights, political science, demographics or statistics, election
75	expertise, voting rights, community organizing, or law. No person nominated or
76	appointed to the commission, in the five years preceding such nomination or
77	appointment, shall have held Congressional, state legislative or statewide
78	elective office, or shall have served as mayor or city councilor of a city in the
79	commonwealth, governor’s councilor, or shall have been elected to a state or
80	federal party committee; or shall be a current employee, agent or family
81	member of any of the above; or, in the two years preceding such nomination or
82	appointment, shall have been a legislative agent. The commissioners shall
83	agree: (1) not to stand for election to the general court, congress, or the
84	governor’s council until districts are redrawn following the next census; (2) to
85	apply the provisions of this article in an honest, independent, and impartial
86	fashion; and (3) to act at all times so as to uphold public confidence in the
87	integrity of the redistricting process.
88	The commission shall be convened no later than 60 days following the
89	passage of this act. The commission shall disband only upon final adoption and
90	exhaustion of judicial review of challenges to representative, councilor, and
91	senatorial districts.
92	The commission shall hire staff and may retain experts to assist it in the time
93	performance of its duties. The commission shall establish rules governing its
94	operation and procedures. Commissioners may receive compensation for actual
95	time spent on commission duties and shall be reimbursed for reasonable and
96	necessary expenses. The budget of the commonwealth shall provide adequate
97	funding for the operation of the commission.
98	A member of the commission or an appointing authority may petition the or
99	supreme judicial court to remove a commissioner on the grounds of neglect,
100	misconduct, or inability to perform the duties of a commissioner. A vacancy so
101	created shall be filled by the office which appointed the removed commissioner
102	by the nomination and selection process set forth in section 6, as applicable.
103	All meetings of the commission shall be open to the public, consistent with
104	the laws of the commonwealth concerning open meetings as of the date of the
105	adoption of this Article. All documents produced by or for the commission shall
106	be public. The commission shall hold public hearings in at least five
107	geographically disbursed counties. The public shall be afforded the opportunity
108	to submit proposed maps for consideration by the commission and the
109	commission shall make map-making software available for public use. The
110	commission shall take all steps necessary to ensure that the public can exercise
111	its right to review and comment on proposed district maps before they are
112	approved and shall publish all preliminary and final plans in publicly accessible
113	forums that are free of charge and that ensure wide public distribution.
114	Proposed districts shall be presented in both graphic and narrative form.
115	No later than April 20, 2011, the commission shall prepare and publish for
116	public comment a preliminary plan for representative, councilor, and senatorial
117	districts. The public shall have a three-week period to comment on the
118	preliminary district plan. The commission may revise the preliminary district
119	plan in response to public comment and shall, no later than May 11, 2011,
120	submit the revised plan to the special joint committee on redistricting, as
121	created by order of the general court, as adopted by the senate on January 29,
122	2009 and adopted by the house on March 5, 2009, which shall vote on the
123	revised plan. If the plan is rejected by either the committee or the general court,
124	the commission shall prepare, publish, revise, and submit a second-round
125	preliminary district plan in the same manner as the first within 30 days of the
126	rejection of the initial plan. Following the three-week period for public
127	comment, the commission may revise the preliminary district plan in response
128	to public comment and shall submit the revised plan to the joint committee for a
129	vote no later than July 29, 2011.
130	With respect to each plan the commission submits to the joint committee for
131	a vote, the vote must be taken within two weeks of submission. No amendments
132	to the plan as submitted may be made. If the plan is approved by a majority of
133	the joint committee present and voting, or if no vote is taken within the two-
134	week period, it shall be submitted to the general court for a vote. With respect
135	to each plan the joint committee submits to the general court for a vote, the vote
136	must be taken within two weeks of submission. No amendments to the plan as
137	submitted may be made. If the plan is approved by a majority of the members
138	of the house of representatives and the senate present and voting or if no vote is
139	taken within the two-week period, then the plan as submitted shall become law.
140	Original jurisdiction is hereby vested in the supreme judicial court upon the
141	petition of any voter of the commonwealth for judicial relief relative to the
142	establishment of the congressional districts. The general court may by law limit
143	the time within which judicial proceedings may be instituted to challenge any
144	redistricting map.

2. 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. [Creem-O’Flaherty.]
[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 reform of the Executive Council.

ARTICLE OF AMENDMENT

1	SECTION 1. Part the Second, Chapter II, Section I, Article IX of the
2	Constitution of the Commonwealth of Massachusetts shall be amended by
3	adding the following:
4	“The Executive Council shall, in all respects, be subject to the requirements
5	and provisions of General Laws of Massachusetts Chapter 30A §§ 18 ~ 25 (the
6	“Open Meeting Law”) as may be amended from time to time which Open
7	Meeting Law and the Senate and the House of Representatives shall undertake
8	to do all acts to amend the Open Meeting Law accordingly.
9	SECTION 2. Part the Second, Chapter II, Section I, Article IX of the
10	Constitution of the Commonwealth of Massachusetts shall be amended
11	by adding the following:
12	“The Executive Council shall issue an "Annual Report", simultaneously, to
13	the Governor and the Joint Committee On The Judiciary of the General Court
14	not prior to December 1 but not later than December 31 annually. The Annual
15	Report shall include, without limitation, a synopsis of each vote taken by each
16	of the members of the Executive Council, a study of its organization, rules and
17	methods of procedure and practice, the work accomplished and the results
18	produced by that system and those processes as adopted by the Executive
19	Council from time to time and a plan for implementation of recommendations
20	by the Executive Council it intends to undertake for future implementation to
21	improve such organization, rules and methods of procedure and practice.
22	The Governor and the members of the Joint Committee On The Judiciary of
23	the General Court shall have forty-five (45) days from the date of
24	submission to each to review the Annual Report and may require that the
25	Annual Report be supplemented with additional and pertinent information
26	germane to the subject matter of the Annual Report and the Constitutional
27	charge of the Executive Council. If no comments are received by the Executive
28	Counsel from the Governor and/or the Joint Committee On The Judiciary of
29	the General Court within the expiration of said forty-five (45) day period then
30	the Annual Report shall become final. If, within said forty-five (45) day period,
31	either the Governor or the Joint Committee On The Judiciary of the General
32	Court or both submits comments to the Executive Council causing revisions to
33	the Annual Report then the Executive Council shall have an additional thirty
34	(30) days to revise the Annual Report and re-submit such Annual Report
35	containing said revision(s) to the Governor and the Joint Committee On The
36	Judiciary of the General Court upon which resubmission the Annual Report
37	shall become final.”
38	SECTION 3. Part the Second, Chapter II, Section I, Article IX of the adding
39	Constitution of the Commonwealth of Massachusetts shall be amended by
40	the following:
41	“The Executive Council shall establish and maintain its own official
42	website. The content of the Executive Council’s website shall contain, at
43	minimum, such information including, without limitation, prior to
44	confirmation, information on judge designates and all others seeking
45	confirmation before the Executive Council substantially similar in quality to
46	that utilized by the Executive Council in making its confirmation decisions,
47	biographical information of each Executive Council member to be updated no
48	less frequently then immediately after the administration of the oath of office
49	of each Executive Counsel member following each biannual election of its
50	members and further, the website shall contain each Executive Council
51	member’s respective voting and attendance record to be published and updated
52	on a monthly basis. The Executive Council shall also cause all records of its
53	meetings, including, without limitation, all transcripts, questionnaires and other
54	documentation used by the Executive Council in carrying out its duties along
55	with a record of all votes taken and such other documents and records as
56	required under the Open Meeting Law to be published on its official website no
57	later than a date which is thirty (30) days after the date of such meeting and/or
58	vote is taken unless such date is a Saturday, Sunday or federal or state holiday
59	and then the next day following on the date when official business of the state
60	is conducted in the Commonwealth of Massachusetts. Additionally, the
61	Executive Council shall cause to be published its final Annual Report (as
62	required under Section 2 above) within thirty (30) days after its submission or
63	resubmission to the Governor and the Joint Committee On The Judiciary of the
64	General Court as the case may be.”
65	SECTION 4. This act shall take effect twelve (12) months after its passage.

3. On the following proposal (see Senate, No. 15), the committee on the Judiciary has reported, in accordance with Joint Rule 23, recommending that the amendment ought NOT to pass. [Creem-O’Flaherty.]
[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 provide for the abolition of the Governor’s Council.

ARTICLE OF AMENDMENT

1	Section 1. Article IV of section I of chapter I of Part the Second of the
2	Constitution is hereby amended by striking out the words “with the advice and
3	consent of the council”.
4	Section 2. Article II of section II of said chapter I is hereby amended by
5	striking out in the first paragraph the words “and councillors” and the words
6	“councillors and” wherever they appear in the third paragraph.
7	Section 3. Article III of section II of said chapter I is hereby amended by
8	striking out the words “with five of the council”.
9	Section 4. Article XI of section III of said chapter I is hereby amended by
10	striking out the words “and council,” and the word “council,” wherever they
11	appear.
12	Section 5. Article IV of section I of chapter II of the Second Part of the
13	Constitution is hereby annulled.
14	Section 6. Article V of said section I of said chapter II is hereby amended
15	by striking out the words “with advice of the council”.
16	Section 7. Article VI of said section I of said chapter II is hereby amended
17	by striking out the words “with advice of the council”.
18	Section 8. Article VIII of said section I of said chapter II is hereby annulled
19	and the following article is adopted in place thereof:—
20	Article VIII. The power of pardoning offences, except such as persons may
21	be convicted of before the senate by an impeachment of the house, shall be in
22	the governor; provided, that if the offence is a felony the General Court shall
23	have the power to prescribe the terms and conditions upon which a pardon may
24	be granted; but no charter of pardon, granted by the [governor] before
25	conviction, shall avail the party pleading the same, notwithstanding any
26	general or particular expressions contained therein, descriptive of the offence
27	or offences intended to be pardoned. The Governor shall annually communicate
28	to the General Court the name of each person pardoned, the crime and date of
29	conviction, and the date of the pardon.
30	Section 9. Article IX of said section I of said chapter II is hereby amended
31	by striking out the word “council” and inserting in place thereof the following
32	word:- senate.
33	Section 10. Article XI of said section I of said chapter II is hereby amended
34	by striking out the words “,with the advice and consent of the council,”.
35	Section 11. Article II of section II of said chapter II is hereby annulled.
36	Section 12. Articles I to V, inclusive, of section III of said chapter II are
37	hereby annulled.
38	Section 13. Article II of section IV of said chapter II is hereby amended by
39	striking out the words “and council”.
40	Section 14. Article I of chapter III of Part the Second of the Constitution is
41	hereby amended by striking out the words “, with the consent of the council,”,
42	the first time they appear.
43	Section 15. Said article I of said chapter III is hereby further amended by
44	striking out the word “council”, the second time it appears, and inserting in
45	place thereof the following word:- senate.
46	Section 16. Article II of said chapter III is hereby amended by striking out
47	the words “or the council”.
48	Section 17. Article V of said chapter III is hereby annulled.
49	Section 18. Article I of chapter VI of Part the Second of the Constitution is
50	hereby amended by striking out the last paragraph and inserting in place thereof
51	the following paragraph:— And the said oaths or affirmations shall be taken
52	and subscribed by the governor and lieutenant governor , before the president of
53	the senate, in the presence of the two houses of assembly; and by senators and
54	representatives first elected under this constitution, before the president and
55	five of the council of the former constitution; and forever afterwards before the
56	governor for the time being; and by the residue of the officers aforesaid, before
57	such persons and in such manner as from time to time shall be prescribed by
58	the legislature.
59	Section 19. Article II of said chapter VI is hereby amended by striking out
60	in the second paragraph the words “or the governor and council”.
61	Section 20. Said article II of said chapter VI is hereby further amended by
62	striking out the fourth paragraph.
63	Section 21. Said article II of said chapter VI is hereby further amended by
64	striking out the words “with the advice and consent of the council”.
65	Section 22. Article VII of the Amendments to the Constitution is hereby
66	amended by striking out the word “councillors,”.
67	Section 23. Article VIII of said Amendments is hereby amended by striking
68	out the words “,lieutenant governor, or councillor” and inserting in place
69	thereof the words:— or lieutenant governor.
70	Section 24. Article XIII of said Amendments is hereby amended by striking
71	out in the last sentence the words “or in the executive council”.
72	Section 25. Article XVI of said Amendments is hereby annulled and the
73	following article is adopted in place thereof:—
74	Article XVI. That there may be no delay in the organization of the
75	government on the first Wednesday of January, the governor shall, as soon as
76	may b e examine the returned copies of the records for the election of governor
77	and lieutenant governor; and ten days before the said first Wednesday in
78	January he shall issue his summons to such persons as appear to be chosen, to
79	attend on that day to be qualified accordingly; and the secretary shall lay the
80	returns before the senate and house of representatives on the said first
81	Wednesday in January, to be by them examined; and in the case of the election
82	of either of said officers, the choice shall be by them declared and published;
83	but in case there shall be no election of either of said officers, the legislature
84	shall proceed to fill such vacancies in the manner provided in the Constitution
85	for the choice of such officers.
86	Section 26. Article XVII of said Amendments is hereby amended by striking
87	out the words “with the advice and consent of the council”.
88	Section 27. Article XXV of said Amendments is hereby annulled.
89	Section 28. Article XXXVII of said Amendments is hereby amended by
90	striking out the words “,with consent of the council”.
91	Section 29. The first sentence of section 1 of article LXIV, as appearing in
92	article LXXX, of said Amendments is hereby amended by striking out the
93	words “councillors”.
94	Section 30. Said section 1 of said article LXIV, as so appearing, is hereby
95	further amended by striking out the sixth sentence.
96	Section 31. The first sentence of section 2 of article CI, as appearing in
97	section 2 of article CXIX, of said Amendments is hereby amended by striking
98	out the words “and also the councillor districts”.
99	Section 32. The last sentence of said section 2 of said article CI is hereby
100	amended by striking out the words “and councillors”.
101	Section 33. Section 3 of said article CI is hereby amended by striking out the
102	word “, councillor”.
103	Section 34. All of the provisions of the constitution and amendments
104	inconsistent with the provisions of these amendments are hereby annulled.
105	Section 35. The provisions of this law will take effect on the 7th day of
106	January, 2015.

4. On the following proposal (see Senate, No. 16), the committee on the Judiciary has reported, in accordance with Joint Rule 23, recommending that the amendment ought to pass. [Creem-O’Flaherty.]
[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 prohibit eminent domain.

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	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 public
6	at large, or by public agencies. Except for the privately owned public utilities
7	or common carries, private property shall not be taken for private commercial
8	enterprise, for economic development or for any other private use, except with
9	the consent of the owner. Property shall not be taken from one owner and
10	transferred to another, on the grounds that the public will benefit from a more
11	profitable private use. Whenever an attempt is made to take property for a use
12	alleged to be public, the question whether the contemplated use is truly public
13	shall be a judicial question, and determined as such without regard to any
14	legislative assertion that the use is public.

5. On the following proposal (see Senate, No. 17), the committee on the Judiciary has reported, in accordance with Joint Rule 23, recommending that the amendment ought NOT to pass. [Creem-O’Flaherty.]
[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 Governor’s Council.

ARTICLE OF AMENDMENT

1	The Constitution of the Commonwealth is hereby amended by eliminating
2	Chapter 2, Section 2 “Council, and the Manner of settling Elections by the
3	Legislature,” of Article XLVIII of the Amendments

6. On the following proposal (see Senate, No. 18), the committee on Revenue 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 to allow for a graduated income tax.

ARTICLE OF AMENDMENT

1	SECTION 1: Article XLIV of the Amendments to the Constitution is
2	hereby amended by striking out the second and third sentences and inserting in
3	place thereof the following:-
4	“In order that the burden of such a tax is fairly and equitably distributed,
5	such tax shall be levied at graduated rates, so that higher rates are imposed on
6	taxpayers in higher income brackets and lower rates on those in lower income
7	brackets. The general court may grant reasonable exemptions and abatements
8	and establish the number and range of brackets.”

7. On the following proposal (see Senate, No. 20), the committees on Rules of the two branches, acting concurrently has reported, in accordance with Joint Rule 23, recommending that the amendment ought NOT to pass, the time within which the said committees were 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 to require a supermajority vote for the utilization of rainy day funds.

ARTICLE OF AMENDMENT

1	Section 1. “The constitution is hereby amended by inserting at the end
2	thereof the following new article: -“In the furtherance of the foregoing powers,
3	the 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 29, and
5	shall expend those funds in said manner provided that said funds shall be
6	expend in laws enacted by a two thirds vote, taken by yeas and nays, of each
7	branch of the General Court.”

8. On the following proposal (see House, No. 511), the committee on the Judiciary has reported, in accordance with Joint Rule 23, recommending that the amendment ought NOT to pass. [Creem-O’Flaherty.]
[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 abolishing the Governor’s Council.

ARTICLE OF AMENDMENT

1	SECTION 1. An Amendment to the Massachusetts constitution abolishing
2	the governor’s council and transferring all their powers to the Senate.

            9. On the following proposal (see House, No. 529), the committee on the Judiciary has reported, in accordance with Joint Rule 23, recommending that the amendment ought to pass. [Creem-O’Flaherty.]
     [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.

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 amended by
3	inserting after the third paragraph a new paragraph, as follows:-
4	No initiative petition shall propose a constitutional amendment that would
5	restrict 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 life,
7	liberty and property, according to standing laws.

10. On the following proposal (see House, No. 1118), the committee on Election Laws has reported, in accordance with Joint Rule 23, recommending that the amendment ought NOT to pass. [Finegold-Moran.]
[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 home rule.

ARTICLE OF AMENDMENT

1	SECTION 1. Section 3 of Article LXXXIX of the Amendments to the
2	Constitution is hereby amended by striking out, in the first sentence, the word
3	“fifteen” and inserting in place thereof the following:- “five”.

            11. On the following proposal (see House, No. 1319), the committee on the Judiciary has reported, in accordance with Joint Rule 23, recommending that the amendment ought NOT to pass. [Creem-O’Flaherty.]
     [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 of office and affirmations of public office.

ARTICLE OF AMENDMENT

1	The third paragraph of Article VI of the Amendments to the Constitution
2	is hereby amended by striking out the words : - “shall be of the denomination
3	called Quakers, and”

12. On the following proposal (see House, No. 1823), the committee on the Judiciary has reported, in accordance with Joint Rule 23, recommending that the amendment ought NOT to pass. [Creem-O’Flaherty.]
[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 term limits for judges.

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 in
5	their offices, shall be expressed in their respective commissions. All judicial
6	officers, duly appointed, commissioned and sworn, shall hold their offices
7	during good behavior, for a period of seven years, excepting such concerning
8	whom there is different provision made in this Constitution. After the
9	expiration of the initial seven-year term, the judicial officer shall be eligible
10	for reappointment; provided, however, that such reappointment shall be by
11	majority vote of the council, after due notice and a public hearing. If the
12	judicial officer fails to receive a majority vote of the council, they shall not
13	be eligible for reappointment to any judicial position. Should the judicial
14	officer receive a vote of affirmation by the council, they shall be eligible for
15	reappointment in like manner every seven years thereafter; provided, however,
16	that the governor, with the consent of the council, may remove them upon the
17	address of both houses of the legislature; and provided, further, that the
18	governor, with the consent of council may, after due notice and hearing, retire
19	them because of advanced age or mental or physical disability. Upon
20	attaining seventy years of age said judges shall be retired. Such retirement
21	shall be subject to any provisions made by law as to pensions or allowances
22	payable to such officers upon their voluntary retirement.

             13. On the following proposal (see House, No. 1824), the committee on the Judiciary has reported, in accordance with Joint Rule 23, recommending that the amendment ought to pass. [Creem-O’Flaherty.]
     [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 prohibiting eminent domain takings.

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 use
3	of the commonwealth under the first paragraph of Article X of Part the First of
4	the Constitution.

             14. On the following proposal (see House, No. 1827), the committee on Public Service 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 repealing automatic increases in compensation for members of the General Court.

ARTICLE OF AMENDMENT

1	Article CXVIII of the Articles of Amendment to the Constitution is
2	hereby annulled.

             15. On the following proposal (see House, No. 1828), the Joint committee on Ways and Means 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 a biennial state budget.

ARTICLE OF AMENDMENT

1	Section 2 of Article LXIII of the Articles of Amendment to the Constitution
2	of the Commonwealth, as most recently amended by Article CXII of the
3	Articles of Amendment to the Constitution, is hereby annulled and the
4	following is adopted in place thereof:--
5	Section 2. The Budget. - Within three weeks after the convening of the
6	general court the governor shall recommend to the general court a budget
7	which shall contain a statement of all proposed expenditures of the
8	commonwealth for the next two fiscal years, including those already
9	authorized by law, and of all taxes, revenues, loans and other means by which
10	such expenditures shall be defrayed. In the first year of the term of office of a
11	governor who has not served in the preceding year said governor shall
12	recommend such budget within eight weeks after the convening of the general
13	court. The budget shall be arranged in such form as the general court may by
14	law prescribe, or, in default thereof, as the governor shall determine. For the
15	purpose of preparing his budget, the governor shall have the power to require
16	any board, commission, officer or department to furnish him with any
17	information which he may deem necessary.

             16. On the following proposal (see House, No. 1829), the Joint committee on Ways and Means 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 limiting budget expenditure growth based on cost-of-living and population.

ARTICLE OF AMENDMENT

1	Section 3 of Article LXIII of the Articles of Amendment to the
2	Constitution of the Commonwealth is hereby annulled and the following is
3	adopted in place thereof:--
4	Section 3. The General Appropriation Bill. - All appropriations based upon
5	the budget to be paid from taxes or revenues shall be incorporated in a single
6	bill which shall be called the general appropriation bill. The general court may
7	increase, decrease, add or omit items in the budget, except that, the percentage
8	growth in aggregate expenditures in the budget for any fiscal year, over the
9	previous fiscal year’s budget, shall not be more than the percentage growth
10	rate of inflation for the same fiscal year time period plus the percentage growth
11	rate of the Commonwealth’s population for the same fiscal year time period.
12	Such percentage growth rate of inflation shall be determined by the United
13	States Bureau of Labor Statistics Consumer Price Index for Boston-Brockton-
14	Nashua, all items, all urban consumers, not seasonally adjusted, or its
15	successor index. Such percentage growth rate of the Commonwealth’s
16	population shall be determined by the United States Census Bureau. The
17	general court may provide for its salaries, mileage, and expenses and for
18	necessary expenditures in anticipation of appropriations, but before final action
19	on the general appropriation bill it shall not enact any other appropriation bill
20	except on recommendation of the governor. The governor may at any time
21	recommend to the general court supplementary budgets which shall be
22	subject to the same procedures as the original budget.

             17. On the following proposal (see House, No. 3161), the committee on Municipalities and Regional Government 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 home rule.

ARTICLE OF AMENDMENT

1	Clause (1) of section 8 of Article LXXXIX of the Amendments to the
2	Massachusetts Constitution is hereby amended by inserting, after the words
3	“mayor and city council,” the following words:- or if the mayor objects, by
4	a two- thirds vote of the city council overriding said objection,

            18. On the following proposal (see House, No. 1114), the committee on Election Laws has reported, in accordance with Joint Rule 23, recommending that the amendment ought NOT to pass. [Finegold-Moran.] (Representatives Andrews of Orange, Ashe of Longmeadow and 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 relative to the terms of office of Executive Councilors and members of the General Court.

ARTICLE OF AMENDMENT

1	Article LXIV of the Massachusetts Constitution is hereby amended in line
2	3 of Section 1 by striking out the word “biennially” and inserting in place
3	thereof the word “quadrennially”.

            19. On the following proposal (see House, No. 1387), the committee on the Judiciary has reported, in accordance with Joint Rule 23, recommending that the amendment ought to pass. [Creem-O’Flaherty.]
     [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 eminent domain takings.

ARTICLE OF AMENDMENT

1	Article X of Part the First of the Constitution is hereby amended by
2	adding at the end thereof, the following:
3	The taking of real estate or of any interest therein by right of eminent
4	domain under this chapter or Chapter 80A shall be effected only when
5	necessary for the possession, occupation, and enjoyment of land by the
6	public at large or by public agencies and shall not be effected for the purpose
7	of commercial enterprise, private economic development, or any private use
8	of the property. Property shall not be taken from one owner and transferred
9	to another on the grounds that the public will benefit from a more profitable use.
10	Whenever an attempt is made to take property for a use alleged to be public,
11	the question whether the contemplated use is truly public shall be a judicial
12	question and determined as such without regard to any legislative assertion
13	that the use is public. In the event that property taken pursuant to this chapter
14	or Chapter 80A is not used for the purpose for which it was taken within five
15	(5) years of the taking, the governmental authority that took the property must
16	offer to sell the property to the owner from whom it was acquired, or his or her
17	known or ascertainable heirs or assigns, at the price which was paid for the
18	property or for the fair mar ket value of the property at the time of the sale,
19	whichever is less, and if the offer is not accepted within 180 days from the date
20	it is made, the property may be sold to any other person, but only at public sale
21	after legal notice is given.

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 September 30, 2009 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. 106 and 125 of the Manual for 2007-2008); 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.

Joint Calendar for Wednesday, October 12, 2011

CALENDAR OF THE
JOINT SESSION OF THE TWO HOUSES FOR
WEDNESDAY, OCTOBER 12, 2011

SPECIAL RULES WITH REFERENCE TO THE
CONSIDERATION, IN JOINT SESSION,
OF PROPOSALS FOR AMENDMENTS TO THE
CONSTITUTION.

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Joint Calendar for Wednesday, October 12, 2011

CALENDAR OF THEJOINT SESSION OF THE TWO HOUSES FORWEDNESDAY, OCTOBER 12, 2011

SPECIAL RULES WITH REFERENCE TO THECONSIDERATION, IN JOINT SESSION,OF PROPOSALS FOR AMENDMENTS TO THECONSTITUTION.

Site Map

CALENDAR OF THE
JOINT SESSION OF THE TWO HOUSES FOR
WEDNESDAY, OCTOBER 12, 2011

SPECIAL RULES WITH REFERENCE TO THE
CONSIDERATION, IN JOINT SESSION,
OF PROPOSALS FOR AMENDMENTS TO THE
CONSTITUTION.