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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, MARCH 12, 2014

[At one o’clock P.M.]  

[AND FOR SUBSEQUENT SESSIONS IF ORDERED.]

[CONTINUATION OF RECESSED SESSION
OF MAY 8, 2013 and OCTOBER 9, 2013.]


[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. 12), the committee on Election Laws has reported, in accordance with Joint Rule 23, recommending that the amendment ought to pass.  [FinegoldMurphy.]
           [The proposal has been read twice, in accordance with the special rules, and ordered to a third reading on October 9, 2013.]
           [After the proposal has been read, the question is on agreeing to the amendment.]
           [Vote required: - Majority of members elected to the General Court – minimum number 101.]
           Proposal for a legislative amendment to the Constitution relative to absentee and early voting by voters of the Commonwealth.
            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 CXXI. Article XLV of the Amendments to the
2 Constitution, as appearing in Article CV of the Amendments, is hereby
3 annulled and the following is adopted in place thereof:-
4 Article XLV. The general court shall have power to provide by law for
5 voting, in the choice of any officer to be elected or upon any question
6 submitted at an election, by any qualified voter of the commonwealth by
7 absentee ballot.
8  Section 2. The Constitution is hereby amended by adding the
9 following article:-
10 Article CXXII.  The general court shall have the power to provide, by
11 law, a process to allow qualified voters to vote at polling places inside or
12 outside such voter’s election district, during the 10 business days
13 immediately preceding an election.

            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.  [ClarkO’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 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 following Article of Amendment:-
4 With just compensation paid, private property may be taken only
5 when necessary for the possession, occupation and enjoyment of land
6 by the public at large, or by public agencies. Except for the privately
7 owned public utilities or common carries, private property shall not be
8 taken for private commercial enterprise, for economic development or
9 for any other private use, except with the consent of the owner. Property
10 shall not be taken from one owner and transferred to another, on the
11 grounds 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.

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

            4.  On the following proposal (see Senate, No. 17), 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 allowing for a graduated income tax.
            A majority of all the members elected to the Senate and House of Representatives, in joint session, hereby declares it to be expedient to alter the Constitution by the adoption of the following Article of Amendment, to the end that it may become a part of the Constitution [if similarly agreed to in a joint session of the next General Court and approved by the people at the state election next following]:

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

            5.  On the following proposal (see Senate, No. 18), the committee on State Administration and Regulatory Oversight has reported, in accordance with Joint Rule 23, recommending that the amendment ought NOT to pass.  [DonnellyKocot.]  (Senator Tarr and Representative Orall of Lakeville 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 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     Section 1. The constitution is hereby amended by inserting at the end
2 thereof the following new article: -“In the furtherance of the foregoing
3 powers, the general court shall have the power to appropriate funds
4 held, in the stabilization fund, so-called, as provided for by section
5 2H of chapter 29, and shall expend those funds in said manner provided
6 that said funds shall be expend in laws enacted by a two thirds vote,
7 taken by yeas and nays, of each branch of the General Court.

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

            7.  On the following proposal (see House, No. 61), the committee on Election Laws has reported, in accordance with Joint Rule 23, recommending that the amendment ought to pass. [Finegold - Murphy.] (Senator Tarr 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 a vacancy in the office of Governor or 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     Section II of chapter II of Part the Second of the Constitution of the
2 Commonwealth is hereby amended by striking out Article III and
3 inserting in place thereof the following two articles:—
4     Article III. Whenever the chair of the governor shall be vacant, by
5 reason of his death, resignation or removal, the lieutenant governor
6 shall become governor. Whenever the chair of the governor shall be
7 vacant by reason of his absence from the commonwealth, or otherwise,
8 except for his death, resignation or removal, the lieutenant governor
9 for the time being, shall, during such vacancy, perform all the duties
10 incumbent upon the governor, and shall have and exercise all the
11 powers and authorities, which by this constitution the governor is
12 vested with, when personally present.
13     Article IV. Whenever the office of lieutenant governor shall become
14 vacant, the governor shall nominate a lieutenant governor who shall
15 take office upon confirmation by a majority vote of both the house of
16 representatives and the senate.

            8.  On the following proposal (see House, No. 63), the committee on Election Laws has reported, in accordance with Joint Rule 23, recommending that the amendment ought to pass.  [Finegold - Murphy.]
            [Question on ordering the proposal to a third reading – after the proposal is twice read in succession.]
            [Vote required: - Majority of members present and voting.]
Proposal for a legislative amendment to the Constitution relative to voting by qualified voters of the Commonwealth.
            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 XLV of the articles of amendment to the Constitution, as
2 amended by Articles LXXVI and CV of said articles of amendment, is
3 hereby annulled and the following is adopted in place thereof:-
4     The general court shall have power to provide by law for voting, in
5 the choice of any officer to be elected or upon any question submitted at
6 an election, by qualified voters of the commonwealth who, at the time of
7 such an election, are absent from the city or town of which they are
8 inhabitants or are unable by reason of physical disability to cast their
9 votes in person at the polling places or who hold religious beliefs in
10 conflict with the act of voting on the day on which such an election is to
11 be held, or by qualified voters of the commonwealth who might
12 otherwise choose to vote prior to the date of the election.

            9.  On the following proposal (see House, No. 66), the committee on the Judiciary has reported, in accordance with Joint Rule 23, recommending that the amendment ought NOT to pass.  [ClarkO’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 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.

            10.  On the following proposal (see House, No. 67), the committee on the Judiciary has reported, in accordance with Joint Rule 23, recommending that the amendment ought NOT to pass.  [ClarkO’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.
            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
8 the enjoyment of life, liberty and property, according to standing
9 laws.

            11.  On the following proposal (see House, No. 68), the committee on the Judiciary has reported, in accordance with Joint Rule 23, recommending that the amendment ought NOT to pass.  [ClarkO’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 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 by
2 striking the words: "that upon attaining seventy years of age said judges
3 shall be retired.",  and inserting  in place thereof the words:  "that upon
4 attaining seventy-six years of age said judges shall be retired."

    

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 8, 2013 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 2011-2012); 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.

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