UNCORRECTED PROOF OF THE
JOURNAL OF THE SENATE.

JOURNAL OF THE SENATE IN JOINT SESSION.

Wednesday, July 12, 2006.  

Joint Session of the Two Houses to Consider Specific Amendments to the Constitution.

At five minutes past one o’clock P.M., the two Houses met in

JOINT SESSION

and were called to order by the Honorable Robert E. Travaglini, President of the Senate.

The President, members, guests and employees then recited the pledge of allegiance to the flag.

Mr. Travis of Rehoboth moved that calendar item 20, a proposal (see House, No. 4617) (introduced into the General Court by the initiative petition of Raymond L. Flynn and others relative to the definition of marriage be placed as the first order of business before the joint session, but objection was made thereto.

The Proposal for a Legislative Amendment to the Constitution creating a permanent “Rainy Day” fund to provide stable revenues for the Commonwealth (Senate, No. 6) [see House, No. 4691, amended of 2004] was read, the question being on again agreeing to the amendment.

The Proposal was as follows:—

ARTICLE OF AMENDMENT.

Article LXIII of the Articles of Amendments to the Constitution of the Commonwealth is hereby amended by adding the following section:—

SECTION 6.

Stabilization Fund.

(a) There shall be established and set up on the books of the commonwealth a separate fund to be known as the stabilization fund, in this section called the fund, consisting of amounts transferred to the fund and income derived from the investment of amounts so transferred.
(b) The general appropriation bill shall annually appropriate to the fund an amount equal to 1 per cent of the amount of state tax revenues used to defray the general appropriation bill for the previous fiscal year. Appropriations to the fund shall not be necessary: (i) in any fiscal year there is no increase or a decrease in state tax revenue due to economic factors beyond the control of the general court; or (ii) in any fiscal year immediately following a fiscal year of no increase or a decrease in the revenue due to economic factors beyond the control of the general court. All surplus funds at the end of each fiscal year shall also be deposited in the fund. Nothing in this Article shall prevent the general court from making additional appropriations to the fund.
(c) If in any fiscal year, amounts in the fund exceed 15 per cent of total revenues used to defray the general appropriation act for that fiscal year, that excess shall be expended in the manner that the general court may by law prescribe. No funds may be transferred or appropriated from the fund, except by an emergency appropriations bill. No more than half of the amounts in the fund shall be expended in any fiscal year.
(d) After final action on the general appropriation bill or on recommendation of the governor, emergency appropriation bills may be enacted by a three-fifths vote of members present and voting thereon, taken by yeas and nays, of each branch of the general court. Such bills shall provide the specific means of defraying the appropriations therein contained and shall declare in a preamble the facts constituting the emergency, public exigency, or significant distress necessitating use of these funds. An emergency appropriation bill which transfers or appropriates funds from the fund shall contain a plan for decreasing the necessity for the use of the fund in the subsequent 5 fiscal years resulting from the use of money from the fund.

Mr. Smizik of Brookline moved that this item be placed at the end of the calendar; and this motion prevailed.

The Proposal for an Initiative Amendment to the Constitution relative to the provision of health insurance (see Senate, No. 4) [see House, No. 4444, amended of 2004] (introduced into the General Court by the initiative petition of Harold Hestnes and others) was read, the question being on again agreeing to the amendment.

The Proposal was as follows:—

ARTICLE OF AMENDMENT.

The people of the Commonwealth of Massachusetts hereby declare it necessary and expedient to alter the Constitution by the adoption of the following Article of Amendment:

Upon ratification of this amendment and thereafter, it shall be the obligation and duty of the Legislature and executive officials, on behalf of the Commonwealth, to enact and implement such laws, subject to approval by the voters at a statewide election, as will ensure that no Massachusetts resident lacks comprehensive, affordable and equitably financed health insurance coverage for all medically necessary preventive, acute and chronic health care and mental health care services, prescription drugs and devices.
Pending the question on again agreeing to the amendment, Mr. Moore moved, under Special Rule F, that the proposal be committed to a special committee of the joint session consisting of the members of the joint committee on health care financing.
Subsequently, there being no objection, during further consideration, Mr. Moore withdrew his motion.
During further consideration, Mr. Peterson of Grafton doubted the presence of a quorum and asked for a call of the yeas and nays to ascertain if a quorum was present. The President, having determined that a quorum was not in attendance, and then directed the Sergeant-at-Arms to secure the presence of a quorum.
Subsequently a roll call was taken for the purpose of ascertaining the presence of a quorum at two minutes past two o’clock P.M., as follows to wit (Answered Present 194) [Senate Yeas and Nays No. 304] [House Yeas and Nays No. 484]:

The yeas and nays having been completed at ten minutes past two o’clock P.M., a quorum was declared present.
Pending further consideration of the main question, Mr. Moore again moved, under Special Rule F, that the proposal be committed to a special committee of the joint session consisting of the members of the joint committee on health care financing.
After further debate, the question on committing the proposal to a special committee of the joint session was determined by a call of the yeas and the nays, at five minutes past three o’clock P.M., on motion of Mr. Montigny, as follows, to wit (yeas 118 — nays 76) [Senate Yeas and Nays No. 305] [House Yeas and Nays No. 485]:

The yeas and nays having been completed at twenty minutes past three o’clock P.M., the proposal was committed to the special committee of the joint session.

Mr. Peterson of Grafton moved that the joint session stand in recess until Monday, July 17, at eleven o’clock A.M; and this motion was negatived.
Subsequently, Mr. Peterson of Grafton doubted the vote and asked for a call of the yeas and nays, and sufficient number of members joining him in this request, the yeas and nays were ordered.
The question on recessing the joint session was determined by a call of the yeas and the nays, at twenty-three minutes past three o’clock P.M., as follows, to wit (yeas 25 — nays 169) [Senate Yeas and Nays No. 306] [House Yeas and Nays No. 486]:

The yeas and nays having been completed at twenty-nine minutes before four o’clock P.M., the motion was negatived.

The Proposal for a Legislative Amendment to the Constitution relative to laws created by the people using the Initiative process (Senate, No. 7),— was read twice in accordance with the provisions of the special rules.

The Proposal was as follows:—

ARTICLE OF AMENDMENT.

Article XLVIII of the Massachusetts Constitution is amended by replacing General Provisions, Section VI with the following: The General Court’s Power of Repeal. The General Court may amend or repeal a law approved by the people only with the written consent of a majority of the 10 original signers of the initiative petition that created the law, or the approval of a majority of the voters on a statewide ballot.
After remarks, the proposal was rejected; and, as required by the Constitution, was determined by a call of the yeas and nays, at sixteen minutes before four o’clock P.M., as follows, to wit (yeas 1 — nays 193) [Senate Yeas and Nays No. 307] [House Yeas and Nays No. 487]:

The yeas and nays having been completed at eight minutes before four o’clock P.M., the proposal was rejected.

The Proposal for a Legislative Amendment to the Constitution relative to Constitutional officers (Senate, No. 8),— was read twice in accordance with the provisions of the special rules.
The Proposal was as follows:—

ARTICLE OF AMENDMENT.

Article LXIV of the Amendments to the Constitution is hereby amended by inserting after section 3 the following new section:—

SECTION 4. Upon a vacancy in the office of the secretary, treasurer and receiver-general, attorney general and auditor by reason of death, resignation or removal, such vacancy shall be filled by an election called by the Governor within six months of said vacancy, unless the vacancy occurs between January 1 and seventy days prior to the state primary, in which case the election shall be held at the regularly scheduled biennial election. Prior to the election to fill said vacancy, senators and representatives in one room by majority vote of a joint ballot shall select a temporary replacement who shall hold the title of acting secretary, acting treasurer and receiver-general, acting attorney general and acting auditor, as the case may be.
After remarks, the proposal was rejected; and, as required by the Constitution, was determined by a call of the yeas and nays, at six minutes before four o’clock P.M., as follows, to wit (yeas 33 — nays 161) [Senate Yeas and Nays No. 308] [House Yeas and Nays No. 488]: