Office of the Clerk of the Senate

William F. Welch
Senate Clerk

Office of the Clerk of the Senate
24 Beacon Street
Room 335 — State House
Boston, MA 02133 
Tel: 617-722-1276

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Calendar









CALENDAR

OF THE

JOINT SESSION OF THE TWO HOUSES

FOR

WEDNESDAY, MAY 18, 2016

[At one o’clock P.M.]  

[CONTINUATION OF RECESSED SESSIONS
OF MAY 13, 2015, OCTOBER 21, 2015,
FEBRUARY 3, 2016 AND APRIL 6, 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.] 

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            10.  The following proposal (see House, No. 3933) (introduced into the General Court by the initiative petition of Marven-Rhode Hyppolite and others), was placed in the calendar for consideration after the joint committee on Revenue,  in accordance with the provisions of Joint Rule 23, had recommended that the amendment ought to pass. [RodriguesKaufman.]
            [For majority report, see Senate, No. 2122.]  [For minority report, see Senate, No. 2123.]
            [After the proposal has been read, the question is on agreeing to the amendment.]
            [Under the provisions of Art. XLVIII, Part IV (under THE INITIATIVE), 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 was introduced, unless such amendment is amended by vote of three-fourths of the members voting thereon in joint session”; and the “affirmative votes of not less than one-fourth of all members elected” are necessary in order to agree to the amendment.]

            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. 

INITIATIVE PETITION. 

            Not less than one-fourth of all 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

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     Amendment Article XLIV of the Massachusetts Constitution is

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hereby amended by adding the following paragraph at the end thereof:

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     To provide the resources for quality public education and affordable

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

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roads, bridges and public transportation, all revenues received in

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accordance with this paragraph shall be expended, subject to

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appropriation, only for these purposes.  In addition to the taxes on

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income otherwise authorized under this Article, there shall be an

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additional tax of 4 percent on that portion of annual taxable income in

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excess of $1,000,000 (one million dollars) reported on any return

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related to those taxes. To ensure that this additional tax continues to

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apply only to the commonwealth’s highest income residents, this

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

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

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method used for federal income tax brackets. This paragraph shall

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

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.