NOTICE: - While reasonable efforts have been made to assure the accuracy of the data herein, this is an UNCORRECTED proof of the Joint Session Calendar. It is published to provide information in a timely manner, but has not been proofread for accuracy.

CALENDAR

 

OF THE

 

JOINT SESSION OF THE TWO HOUSES

 

FOR

 

THURSDAY, JUNE 14, 2007

 

[At one o'clock P.M.]

 

[And for Subsequent Sessions if Ordered.]

 

__________________________

 

[Concurrently Assigned for Consideration.]

 

[CONTINUATION OF RECESSED SESSION OF MAY 9, 2007.]

 

[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. 2220) (introduced into the General Court by the initiative petition of Raymond L. Flynn and others) having received, in joint session, the affirmative votes of not less than one-fourth of all members elected [see House, No. 4617 of 2005], has been referred in accordance with Article XLVIII of the Amendments to the Constitution, to the present General Court.

            [After the proposal has been read, the question is on again agreeing to the amendment.]

            [Vote required: – The affirmative votes of not less than one-fourth of all the members elected – 50 minimum.]

            [Under the provisions of Article 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 is introduced, unless such amendment is amended by a 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 to agree to the amendment.]

 

Proposal for an Initiative Amendment to the Constitution to define marriage.

 

    Not less than one-fourth 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 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

     When recognizing marriages entered into after the adoption of

2

this amendment by the people, the Commonwealth and its

3

political subdivisions shall define marriage only as the union of

4

one man and one woman.

 

 

             2. On the following proposal (see Senate, No. 2221) (introduced into the General Court at the request of Ross J. Rajotte), having received, in joint session, the affirmative votes of a majority of all the members elected to the preceding General Court [see Senate, No. 9, amended of 2005], has been referred in accordance with Article XLVIII of the Amendments to the Constitution, to the present General Court.

            [After the proposal has been read, the question is on again 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 authorizing the General Court to provide for absentee voting by any voter.

            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 General Court and approved by the people at the state election next following]:

ARTICLE OF AMENDMENT.

 

1

Article    . Article XLV of the Amendments to the Constitution, as appear-

2

in Article CV of the Amendments, is hereby annulled and the following is

3

adopted in place thereof:—

4

     Article XLV. The general court shall have power to provide by law

5

for 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.

 

           

3. On the following proposal (see Senate, No. 20), the committee on Education has reported, in accordance with Joint Rule 23, recommending that the amendment ought NOT to pass. [Antonioni-Haddad.]

[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 changing Artile XLVI of the Constitution.

 

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 General Court and approved by the people at the state election next following]:

ARTICLE OF AMENDMENT.

 

1

     SECTION 1.   Article XLVI of the Articles of Amendment to the

2

Constitution of the Commonwealth is hereby amended by adding the

3

following sentence to the end of section 2:-

4

     In addition, nothing herein contained shall be construed to prevent

5

the Commonwealth from making grants-in-aid to students or parents or

6

guardians of students attending private primary and secondary schools

7

and nothing herein shall be construed to prevent the Commonwealth

8

from providing tax deductions or tax credits for educational expenses,

9

including tuition, textbooks, and transportation incurred by taxpayers

10

whose dependents attend public or private primary and secondary

11

schools.

 

 

4. On the following proposal (see Senate, No. 21), the committee on Election Laws has reported, in accordance with Joint Rule 23, recommending that the amendment ought NOT to pass. [Augustus-Bradley.] (Senator Spilka and Representatives Atsalis of Barnstable and Rogeness of Longmeadow 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 increasing the term of the General Court from two to four year.

 

            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 General Court and approved by the people at the state election next following]:

 

ARTICLE OF AMENDMENT.

 

1

      Article LXIV of the Amendments to the Constitution amended by

2

Article LXXX and Article LXXII Amendments, is hereby annulled, and

3

the following is adopted in place thereof: -SECTION 1. Article LXIV.

4

The Governor, lieutenant governor, secretary, treasurer and receiver-

5

general, attorney general, auditor, senators, and representatives shall be

6

elected quadrennially, and counselors shall be elected biennially. The

7

terms the governor and lieutenant-governor shall begin at noon Thursday

8

next following the first Wednesday in January succeeding their election

9

and shall end at noon on the Thursday following the first Wednesday in

10

January in the fifth year following their election. If the governor-elect

11

shall have died before the qualification of the lieutenant-governor-elect,

12

the lieutenant- governor- elect upon qualification shall become governor.

13

If both the governor-elect and the lieutenant-governor-elect shall have

14

died, both said offices shall be deemed vacant and the provi­sions of

15

Article LV of the Amendments to the Constitution shall apply. The

16

terms of the secretary, treasurer and receiver-general, attorney-general,

17

and auditor shall begin with the third Wednesday in January succeeding

18

their election and shall extend to the third Wednesday in January in the

19

fifth year following their election and until their successors are chosen

20

and qualified. The terms of the councilors shall begin at noon on the

21

Thursday next following the first Wednesday in January succeeding their

22

election and shall end at noon on the Thursday next following the first

23

Wednesday in January in the third year following their election. The

24

terms of the senators and representatives shall begin with the first

25

Wednesday in January suc­ceeding their election and shall extend to the

26

first Wednesday in January in the fifth year following their election and

27

until their successors are chosen and qualified.

28

      SECTION 2. The general court shall assemble every year on the first

29

Wednesday in January.

30

      SECTION 3. The first election to which this article shall apply shall

31

be held on the Tuesday next after the first Monday in November in the

32

year two thousand and two, and thereafter elec­tions for the choice of

33

governor, lieutenant-governor, auditor, secretary, treasurer and receiver-

34

general, attorney-general, auditor, senators, and representatives shall be

35

held quadrennially on the Tuesday next after the first Monday in

36

November and elections for the choice of councilors shall be held

37

biennially on the Tuesday next after the first Monday in November.

 

 

5. On the following proposal (see Senate, No. 22), the committee on Election Laws has reported, in accordance with Joint Rule 23, recommending that the amendment ought NOT to pass. [Augustus-Bradley.] (Senators Augustus, Spilka and Brown and Representatives Rogeness of Longmeadow, Frost of Auburn and Eldridge of Acton 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 and criteria for redistricting for state House, Senate, and Councillor Districts.

 

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 General Court and approved by the people at the state election next following]:


ARTICLE OF AMENDMENT.

 

1

      Article CI of the Articles of Amendments to the Constitution of the

2

Commonwealth is hereby annulled, and the following is adopted in

3

place thereof:

4

      Article CI.  The House of Representatives shall consist

5

of one hundred and sixty members, each of whom shall be elected from

6

one representative district.  Every representative shall have been an

7

inhabitant of the district for which he or she is chosen for at least one

8

year at least immediately preceding his or her election and shall cease

9

to represent such district when he or she shall cease to be an inhabitant

10

of the Commonwealth, provided, however, that for the first redistricting

11

following the adoption of this article, the General Court may suspend

12

the residency requirement of this section.

13

      SECTION 2. The Senate shall consist of forty members, each of

14

whom shall be elected from one senatorial district.  Every senator shall

15

have been an inhabitant of the Commonwealth for at least five years

16

immediately preceding his or her election and shall be an inhabitant of

17

the district for which he or she has been selected at the time of his or

18

her election and shall cease to represent such senatorial district when he

19

or she shall cease to be an inhabitant of the Commonwealth.

20

      SECTION 3. The manner of calling and conducting the elections

21

for the choice of representatives, senators, and councillors, and of

22

ascertaining their election, shall be prescribed by law.

23

      SECTION 4. The federal census shall be the basis for determining

24

the representative, senatorial, and governor’s council districts for the

25

ten-year period beginning with the first Wednesday of the third January

26

following the commencement of the taking of said census. 

27

     SECTION 5.    In the year after each census is commenced, and only

28

in that year, an Independent Redistricting Commission

29

(“Commission”) shall be convened and shall divide the Commonwealth

30

into one hundred and sixty representative districts, forty senatorial

31

districts, and eight councillor districts. All districts shall comprise

32

contiguous territory, shall be equal in population to the extent required

33

by law, and shall comply with federal constitutional and statutory

34

requirements.  No district shall be drawn for the purpose or with the

35

effect of diluting the voting strength of any group based on race,

36

ethnicity or language minority status, or for the purpose of augmenting

37

or diluting the voting strength of a political party, or any individual.  In

38

drawing district lines, the Commission shall not consider residential

39

address, party affiliation, or partisan voting history of any individual or

40

groups of individuals, except to the extent necessary to avoid dilution

41

of voting strength based on race, ethnicity or language minority status. 

42

In addition, to the maximum extent possible, district boundaries shall

43

be drawn so as to: (1)  maintain the unity of well-defined municipal

44

neighborhoods; (2) observe municipal boundaries; (3)  establish

45

senatorial districts that follow representative district boundaries; (4)

46

establish councillor districts that follow representative district

47

boundaries and (5) promote geographic compactness of districts.  If it is

48

not possible to draw district boundaries that fully comply with these

49

criteria while also complying with the mandatory requirements set forth

50

herein, then they shall be drawn to optimize the criteria in the order of

51

priority set forth hereinabove.  The Commission shall also consider

52

communities of interest in determining which cities, towns, or

53

neighborhoods thereof to aggregate into a single district.

54

      SECTION 6.   The Commission shall consist of seven member  

55

commissioners.  On or before January 15 of the year following the

56

commencement of the federal census, the following offices shall each

57

appoint one member of the Commission: the Governor of the

58

Commonwealth, who shall appoint a dean or professor of law or

59

political science or government at an institution of higher learning in

60

Commonwealth; the Attorney General of the Commonwealth, who

61

shall appoint a retired justice who resides in the Commonwealth; and

62

the Secretary of the Commonwealth, who shall appoint an expert in

63

civil rights law who is a resident of the Commonwealth. 

64

      By the same date, the House Speaker, the House Minority Leader,

65

the Senate President, and the Senate Minority Leader shall each

66

nominate three individuals. The appointees chosen by the Governor,

67

Attorney General, and Secretary of the Commonwealth shall then select

68

one of the three nominees named by each said official.

69

      If nominations or appointments are not made by January 15 of such

70

year, the office  responsible for making the appointment or nominations

71

shall forfeit its rights under this section and the remaining direct

72

appointees shall then make an appointment to fill the vacancy.

73

      Nominations and appointments shall reflect the geographic, racial, 

74

ethnic, gender, and age diversity of the Commonwealth to the

75

maximum extent feasible and shall be selected on the basis of civic

76

involvement and knowledge of redistricting policy, civil rights,

77

political science, demographics or statistics, election expertise, voting

78

rights, community organizing, or law.  No person nominated or

79

appointed to the Commission, in the five years preceding such

80

nomination or appointment, shall have held Congressional, state

81

legislative or statewide elective office, or shall have served as mayor or

82

city councillor of a city in the Commonwealth, governor’s councillor

83

or shall have been elected to a state or federal party committee; or shall

84

be a current employee, agent or family member of any of the above;

85

or, in the two years preceding such nomination or appointment, shall

86

have been a legislative agent.  The Commissioners shall agree: (1) not

87

to stand for election to the General Court, Congress, or the Governor’s

88

Council until districts are redrawn following the next census; (2) to

89

apply the provisions of this article in an honest, independent, and

90

impartial fashion; and (3) to act at all times so as to uphold public

91

confidence in the integrity of the redistricting process. 

92

      SECTION 7.  The Commission shall be convened no later than

93

February 15 of the year following the commencement of the decennial

94

census.  The Commission shall disband only upon final adoption and

95

exhaustion of judicial review of challenges to representative,

96

councillor, and senatorial districts.

97

      SECTION 8.   The Commission shall hire staff and may retain

98

experts to assist it in the performance of its duties.  The Commission

99

shall establish rules governing its operation and procedures. 

100

Commissioners may receive compensation for actual time spent on

101

Commission duties and shall be reimbursed for reasonable and

102

necessary expenses.  The budget of the Commonwealth shall provide

103

adequate funding for the operation of the Commission.

104

      SECTION 9.   A member of the Commission or an appointing

105

authority may petition the Supreme Judicial Court to remove a com-

106

missioner on the grounds of neglect, misconduct, or inability to per-

107

form the duties of a commissioner.  A vacancy so created shall be filled

108

by the office which appointed the removed commissioner or by the

109

nomination and selection process set forth in Section 6, as applicable.

110

      SECTION 10.  All meetings of the Commission shall be open to the

111

public, consistent with the laws of the Commonwealth concerning open

112

meetings as of the date of the adoption of this Article.  All documents

113

produced by or for the Commission shall be public.  The Commission

114

shall hold public hearings in at least five geographically disbursed

115

counties.  The public shall be afforded the opportunity to submit

116

proposed maps for consideration by the Commission and the

117

Commission shall make map-making software available for public use. 

118

The Commission shall take all steps necessary to ensure that the public

119

can exercise its right to review and comment on proposed district maps

120

before they are approved and shall publish all preliminary and final

121

plans in publicly accessible forums that are free of charge and that

122

ensure wide public distribution.  Proposed districts shall be presented in

123

both graphic and narrative form.

124

      SECTION 11. Within one hundred and twenty days of the

125

completion of the decennial census, the Commission shall prepare and

126

publish for or public comment a preliminary plan for representative,

127

councilor, and senatorial districts.  The public shall have a three-week

128

period to comment on the preliminary district plan.  The Commission

129

may revise the preliminary district plan in response to public comment

130

and shall submit the revised plan to the General Court, which shall vote

131

on the revised plan.  If the plan is rejected, then the Commission shall

132

prepare, publish, revise, and submit a second-round preliminary district

133

plan in the same manner as the first.  Following the period for public

134

comment, the Commission shall submit the revised plan to the General

135

Court for a vote.  If the General Court votes to reject the second-round

136

plan, then the Commission shall prepare, publish, revise, and submit a

137

third-round preliminary district plan, in the same manner as the first.  If

138

the General Court rejects the third-round plan, then the Commission  

139

shall prepare, publish, and revise a fourth-round plan in the same

140

manner. The plan so revised, shall become law without submission to

141

or approval by the General Court.

142

      With respect to each plan the Commission submits to the General

143

Court for a vote, the vote must be taken within two weeks of

144

submission.  No amendments to the plan as submitted may be made.  If

145

the plan is approved by a majority of the members of the House and

146

Senate present and voting or if no vote is taken within the two-week

147

period, then the plan as submitted shall become law.

148

      SECTION 12.  Original jurisdiction is hereby vested in the

149

Supreme Judicial Court upon the petition of any voter of the

150

Commonwealth for judicial relief relative to the establishment of the

151

representative, councillor, and senatorial districts.  The General Court

152

may by law limit the time within which judicial proceedings may be

153

instituted to challenge any redistricting map.

 

 

6. On the following proposal (see Senate, No. 23), the committee on Election Laws has reported, in accordance with Joint Rule 23, recommending that the amendment ought to pass. [Augustus-Bradley.] (Senator Creedon 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 emergency appointments of elected officials.

 

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 General Court and approved by the people at the state election next following]:

 

ARTICLE OF AMENDMENT.

 

1

 SECTION 1.  The Constitution of the Commonwealth is hereby  

2  

amended by striking out Article LXXXIII of the Amendments to the

3

Constitution, and  inserting in place thereof the following Article of Amendment:-

4

      Article LXXXIII. The general court shall have full power and

5

authority to provide for prompt and temporary succession to the powers

6

and duties of public offices, of whatever nature and whether filled by

7

election or appointment, the incumbents of which may become

8

unavailable for carrying on the powers and duties of such offices in

9

periods of emergency resulting from disaster caused by enemy or

10

terrorist attack, and to adopt such other measures as may be necessary

11

and proper for insuring continuity of the government of the

12

commonwealth and the governments of its political subdivisions; except

13

that,  notwithstanding Article XXX of Part the First, if more than 1/3 of

14

the senate or more than 1/3 of the house membership is vacant as a result

15

of enemy or terrorist attack, the General Court shall fill the vacancies by

16

appointment, and in making the appointments it shall fill each vacancy

17

with a person who is a resident of the district where the vacancy

18

occurred and is of the same political party as the person who held the

19

office at the time the vacancy occurred.  A person so appointed shall

20

serve until a successor is elected and qualified in accordance with the

21

provisions for filling vacancies in the general court.



7. On the following proposal (see Senate, No. 25), the committee on Election Laws has reported, in accordance with Joint Rule 23, recommending that the amendment ought NOT to pass. [Augustus-Bradley.] (Senator Brown and Representatives Rogeness of Longmeadow and Frost of Auburn 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 Constitutional Officers.

 

A majority of all the members elected to the Senate and House of Representatives, in joint session, hereby declares it to be expedient to alter the Constitution by the adoption of the following Article of Amendment, to the end that it may become a part of the Constitution [if similarly agreed to in a joint session of General Court and approved by the people at the state election next following]:


ARTICLE OF AMENDMENT.

 

1

     SECTION 1.  Article LXIV of the Amendments to the Constitution

2

is hereby amended by inserting after section 3 the following new

3

section:-

4

     SECTION 4.  Upon a vacancy in the office of the secretary,

5

treasurer and receiver-general, attorney general and auditor by reason

6

of death, resignation or removal, such vacancy shall be filled by an

7

election called by the Governor within six months of said vacancy,

8

unless the vacancy occurs between January 1 and seventy days prior to

9

the state primary, in which case the election shall be held at the

10

regularly scheduled biennial election.  Prior to the election to fill said

11

vacancy, senators and representatives in one room by majority vote of a

12

joint ballot shall select a temporary replacement who shall hold the title

13

of acting secretary, acting treasurer and receiver-general, acting

14

attorney general and acting auditor, as the case may be.

 

8. On the following proposal (see Senate, No. 26), the committee on the Judiciary 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 amending the Constitution to preserve civil rights and equal protection.

 

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 General Court and approved by the people at the state election next following]:


ARTICLE OF AMENDMENT.

 

1

     SECTION 1. Section 2 of part II, “Initiative Petitions,” of article

2

XLVIII of the Amendments to the Constitution of the commonwealth is

3

hereby amended by inserting in the first sentence after the words

4

“religious institutions;” the following words:- or civil rights; 

5

     SECTION 2.  Section 2 of part II, “Initiative Petitions,” of article

6

XLVIII of the Amendments to the Constitution of the commonwealth is

7

hereby amended by inserting in the third paragraph after the words

8

“freedom of elections;” the following words:- the right to equal

9

protection;

10

      SECTION 3.  Section 2 of part III, “Referendum Petitions” of

11

article XLVIII of the Amendments to the Constitution of the

12

commonwealth is hereby amended by inserting in the first sentence

13

after the words “religious institutions;” the following words:- or to civil

14

rights and matters of equal protection;. 

 

 

9. On the following proposal (see Senate, No. 27), the committee on the Judiciary 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 legislative action.

 

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 General Court and approved by the people at the state election next following]:


ARTICLE OF AMENDMENT.

 

1

     SECTION 1. Article XLVIII of the amendments to the Constitution

2

is hereby amended in that part of said article XLVIII under the heading

3

“The Initiative. IV. Legislative Action on Proposed Constitutional

4

Amendments” in Section 4 by striking the words: “At such joint

5

session a legislative amendment receiving the affirmative votes of a

6

majority of all the members elected, or an initiative amendment

7

receiving the affirmative votes of not less than one-fourth of all the

8

members elected, shall be referred to the next general court.” and

9

replacing them with the following:-

10

“At such joint session a legislative or an initiative amendment receiving

11

the affirmative votes of a majority of all the members elected shall be

12

referred to the next general court.”

13

     SECTION 2    Article XLVIII of the amendments to the

14

Constitution is hereby amended in that part of said article XLVIII under

15

the heading “The Initiative. IV. Legislative Action on Proposed

16

Constitutional Amendments” in Section 5 by striking the words: “If in

17

the next general court a legislative amendment shall again be agreed to

18

in joint session by a majority of all the members elected, or if an

19

initiative amendment or a legislative substitute shall again receive the

20

affirmative votes of a least one-fourth of all the members elected, such

21

fact shall be certified by the clerk of such joint session to the secretary

22

of the commonwealth, who shall submit the amendment to the people

23

at the next state election.” and replacing them with the following:-

24

“If in the next general court a legislative amendment, an initiative

25

amendment, or a legislative substitute shall again be agreed to in joint

26

session by a majority of all the members elected such fact shall be

27

certified by the clerk of such joint session to the secretary of the

28

commonwealth, who shall submit the amendment to the people at the

29

next state election.”

 

10. On the following proposal (see House, No. 661), the committee on Election Laws has reported, in accordance with Joint Rule 23, recommending that the amendment ought NOT to pass. [Augustus-Bradley.] (Senators Augustus, Spilka and Brown and Representatives Eldridge of Acton, Rogeness of Longmeadow and Frost of Auburn 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 and criteria for redistricting for state House of Representatives, Senate, and Councilor Districts

 

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 General Court and approved by the people at the state election next following]:


ARTICLE OF AMENDMENT.

1

      Article CI of the Articles of Amendments to the Constitution of the

2

Commonwealth is hereby annulled, and the following is adopted in

3

place thereof:

4

      Article CI. SECTION 1. The house of representatives shall consist

5

of 160 members, each of whom shall be elected from  one

6

representative district.  Every representative shall have been an  

7

inhabitant of the district for which he is chosen for at least one

8

year at least immediately preceding his election and shall cease

9

to represent such district when he shall ceases to be an inhabitant

10

of the commonwealth; provided, however, that for the first redistricting

11

following the adoption of this article, the general court may suspend

12

the residency requirement of this section.

13

      SECTION 2. The senate shall consist of 40 members, each of

14

whom shall be elected from one senatorial district.  Every senator shall

15

have been an inhabitant of the commonwealth for at least five years

16

immediately preceding his election and shall be an inhabitant of

17

the district for which he  has been selected at the time of his

18

election and shall cease to represent such senatorial district when he

19

ceases to be an inhabitant of the commonwealth.

20

      SECTION 3. The manner of calling and conducting the elections

21

for the choice of representatives, senators, and councilors, and of

22

ascertaining their election, shall be prescribed by law.

23

      SECTION 4. The federal census shall be the basis for determining

24

the representative, senatorial, and governor’s council districts for the

25

ten year period beginning with the first Wednesday of the third January

26

following the commencement of the taking of said census. 

27

       SECTION 5. In the year after each census is commenced, and only

28

in that year, an independent redistricting commission, herein referred to

29

as the commission, shall be convened and shall divide the

30

commonwealth into 160 representative districts, 40 senatorial districts,

31

and eight councilor districts. All districts shall comprise contiguous

32

territory, shall be equal in population to the extent required by law, and

33

shall comply with federal constitutional and statutory requirements. No

34

district shall be drawn for the purpose or with the effect of diluting the

35

voting strength of any group based on race, ethnicity or language

36

minority status, or for the purpose of augmenting or diluting the voting

37

strength of a political party, or any individual. In drawing district lines,

38

the commission shall not consider residential address, party affiliation,

39

or partisan voting history of any individual or groups of individuals,

40

except to the extent necessary to avoid dilution of voting strength based

41

on race, ethnicity or language minority status. In addition, to the

42

maximum extent possible, district boundaries shall be drawn so as to:

43

(1) maintain the unity of well-defined municipal neighborhoods; (2)

44

observe municipal boundaries; (3) establish senatorial districts that

45

follow representative district boundaries; (4) establish councilor

46

districts that follow representative district boundaries and (5) promote

47

geographic compactness of districts. If it is not possible to draw district

48

boundaries that fully comply with these criteria while also complying

49

with the mandatory requirements set forth herein, then districts shall be

50

drawn to optimize the criteria in the order of priority set forth

51

hereinabove. The commission shall also consider communities of

52

interest in determining which cities, towns, or neighborhoods thereof to

53

aggregate into a single district.

54

      SECTION 6. The commission shall consist of seven member

55

commissioners. On or before January 15 of the year following the

56

commencement of the federal census, the following offices shall each

57

appoint one member of the commission: the governor of the

58

commonwealth, who shall appoint a dean or professor of law or

59

political science or government at an institution of higher learning in

60

the commonwealth; the attorney general of the commonwealth, who

61

shall appoint a retired justice who resides in the commonwealth; and

62

the secretary of the commonwealth, who shall appoint an expert in

63

civil rights law who is a resident of the commonwealth.

64

      By the same date, the house speaker, the house minority leader, the

65

senate president, and the senate minority leader shall each nominate

66

three individuals. The appointees chosen by the governor, attorney

67

general, and secretary of the commonwealth shall then select one of the

68

three nominees named by each said official.

69

       If nominations or appointments are not made by January 15 of such

70

year, the office responsible for making the appointment or nominations  

71

shall forfeit its rights under this section and the remaining direct

72

appointees shall then make an appointment to fill the vacancy.

73

      Nominations and appointments shall reflect the geographic, racial,

74

ethnic, gender, and age diversity of the commonwealth to the maximum

75

extent feasible and shall be selected on the basis of civic involvement

76

and knowledge of redistricting policy, civil rights, political science,

77

demographics or statistics, election expertise, voting rights, community

78

organizing, or law. No person nominated or appointed to the

79

commission, in the five years preceding such nomination or  

80

appointment, shall have held Congressional, state legislative or

81

statewide elective office, or shall have served as mayor or city

82

councilor of a city in the commonwealth, governor’s councilor or shall

83

have been elected to a state or federal party committee; or shall be a  

84

current employee, agent or family member of any of the above; or, in  

85

the two years preceding such nomination or appointment, shall have

86

been a legislative agent. The commissioners shall agree: (1) not to  

87

stand for election to the general court, congress, or the governor’s  

88

council until districts are redrawn following the next census; (2) to  

89

apply the provisions of this article in an honest, independent, and  

90

impartial fashion; and (3) to act at all time so as to uphold public confidence in the integrity of the redistricting process.

91

      SECTION 7.  The commission shall be convened no later than

92

February 15 of the year following the commencement of the decennial

93

census.  The commission shall disband only upon final adoption and

94

exhaustion of judicial review of challenges to representative,

95

councilor, and senatorial districts.

96

      SECTION 8.   The commission shall hire staff and may retain

97

experts to assist it in the performance of its duties.  The commission

98

shall establish rules governing its operation and procedures. 

99

Commissioners may receive compensation for actual time spent on

100

commission duties and shall be reimbursed for reasonable and

101

necessary expenses.  The budget of the commonwealth shall provide

102

adequate funding for the operation of the commission.

103

      SECTION 9.   A member of the commission or an appointing  

104

authority may petition the supreme judicial court to remove a

105

commissioner on the grounds of neglect, misconduct, or inability to

106

perform the duties of a commissioner.  A vacancy so created shall be

107

filled by the office which appointed the removed commissioner or by

108

the nomination and selection process set forth in section 6, as applicable.

109

      SECTION 10.  All meetings of the commission shall be open to the

110

public, consistent with the laws of the commonwealth concerning open

111

meetings as of the date of the adoption of this Article.  All documents

112

produced by or for the commission shall be public.  The commission

113

shall hold public hearings in at least five geographically disbursed

114

counties.  The public shall be afforded the opportunity to submit

115

proposed maps for consideration by the commission and the

116

commission shall make map-making software available for public use. 

117

The commission shall take all steps necessary to ensure that the public

118

can exercise its right to review and comment on proposed district maps

119

before they are approved and shall publish all preliminary and final

120

plans in publicly accessible forums that are free of charge and that

121

ensure wide public distribution.  Proposed districts shall be presented in

122

both graphic and narrative form.

123

       SECTION 11. Within 120 days of the completion of the decennial

124

census, the commission shall prepare and publish for public comment

125

a preliminary plan for representative, councilor, and senatorial districts.

126

The public shall have a three-week period to comment on the

127

preliminary district plan. The commission may revise the preliminary

128

district plan in response to public comment and shall submit the revised

129

plan to the general court, which shall vote on the revised plan. If the

130

plan is rejected, the commission shall prepare, publish, revise, and

131

submit a second-round preliminary district plan in the same manner as

132

the first. Following the period for public comment, the commission

133

shall submit the revised plan to the general court for a vote. If the

134

general court votes to reject the second-round plan, the commission

135

shall prepare, publish, revise, and submit a third-round preliminary

136

district plan, in the same manner as the first. If the general court rejects

137

the third-round plan, then the commission shall prepare, publish, and

138

revise a fourth-round plan in the same manner. The plan, so revised,

139

shall become law without submission to or approval by the general

140

court.

141

      With respect to each plan the commission submits to the general

142

court for a vote, the vote must be taken within two weeks of

143

submission.  No amendments to the plan as submitted may be made.  If

144

the plan is approved by a majority of the members of the house of

145

representatives and the senate present and voting or if no vote is taken

146

within the two-week period, then the plan as submitted shall become

147

law.

148

      SECTION 12.  Original jurisdiction is hereby vested in the

149

supreme judicial court upon the petition of any voter of the

150

commonwealth for judicial relief relative to the establishment of the

151

representative, councilor, and senatorial districts.  The general court

152

may by law limit the time within which judicial proceedings may be

153

instituted to challenge any redistricting map.

 

11. On the following proposal (see House, No. 664), the committee on Election Laws has reported, in accordance with Joint Rule 23, recommending that the amendment ought to pass. [Augustus-Bradley.] (Senator Creedon 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 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 for

9

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

14

become vacant, the governor shall nominate a lieutenant governor who

15

shall take office upon confirmation by a majority vote of both the house

16

of representatives and the senate.

 

12. On the following proposal (see House, No. 685), the committee on Election Laws has reported, in accordance with Joint Rule 23, recommending that the amendment ought NOT to pass. [Augustus-Bradley.] (Senator Spilka and Representatives Atsalis of Barnstable and Rogeness of Longmeadow 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 to change the length of term for Representatives and Senators from two years to four years.

 

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 General Court and approved by the people at the state election next following]:

 

ARTICLE OF AMENDMENT.

 

1

     Article LXIV of the Massachusetts Constitution is hereby amended

2

in line 3 of Section 1 by striking out the word “biennially” and

3

Inserting in place thereof the word “quadrennially”.

 

 

13. On the following proposal (see House, No. 1497), the committee on the Judiciary has reported, in accordance with Joint Rule 23, recommending that the amendment ought to pass. [Creedon-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 prohibiting eminent domain takings for the purpose of economic development.
           

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 General Court and approved by the people at the state election next following]:

 

ARTICLE OF AMENDMENT.

1

The taking of land or interests therein by eminent domain for private

2

commercial or economic development is hereby declared not to be a

3

public use of the commonwealth under the first paragraph of Article X

4

of Part the First of the Constitution.

 

 

14. On the following proposal (see House, No. 1705), the committee on the Judiciary 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 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 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 when

5

necessary for the possession, occupation, and enjoyment of land by the

6

public at large, or by public agencies. Except for the privately owned

7

public utilities or common carries, private property shall not be taken

8

for private commercial enterprise, for economic development, or for

9

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.

 

15. On the following proposal (see House, No. 1727), the committee on the Judiciary 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 legislative action on initiative amendments.
           

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 General Court and approved by the people at the state election next following]:

 

ARTICLE OF AMENDMENT.

1

     SECTION 1. Section 4 of Article XLVIII of the Amendments to the

2

Constitution of the Commonwealth is hereby amended in the second

3

sentence by striking out the words “not less than one-fourth” and

4

inserting in place thereof “a majority.”

5

     SECTION 2. Section 5 of Article XLVIII of the Amendments to the

6

Constitution of the Commonwealth is hereby amended, in the first

7

sentence by striking out the words “at least one-fourth” and inserting in

8

place thereof “a majority.”

 

16. On the following proposal (see House, No. 1771), the committee on the Judiciary has reported, in accordance with Joint Rule 23, recommending that the amendment ought to pass. [Creedon-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.
           

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 General Court and approved by the people at the state election next following]:

 

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 and shall not be effected for the purpose of commercial

7

enterprise, private economic development, or any private use of the

8

property. Property shall not be taken from one owner and transferred to

9

another on the grounds that the public will benefit from a more

10

profitable use. Whenever an attempt is made to take property for a use

11

alleged to be public, the question whether the contemplated use is truly

12

public shall be a judicial question and determined as such without

13

regard to any legislative assertion that the use is public.



           17.
On the following proposal (see House, No. 1772), the committee on the Judiciary 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 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 General Court and approved by the people at the state election next following]:

 

ARTICLE OF AMENDMENT.

 

1

Article XLVIII of the amendments to the Constitution is hereby

2

amended in that part of said article under the heading “The Initiative.

3

II Initiative Petitions” in Section 2, Excluded Matters, by inserting

4

after the words “religious practices or religious institutions,” the

5

words:— to limiting or abridging civil rights.

 

18. On the following proposal (see House, No. 3878), the committee on the Judiciary 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 civil and legal rights  
 
           
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 General Court and approved by the people at the state election next following]:

 

ARTICLE OF AMENDMENT.

 

1

     Section 2 of part II of amendment XLVIII of the constitution is

2

hereby amended by striking out the first paragraph and inserting in

3

place thereof the following paragraph:—

4

     No measure that relates to religion, religious practices or religious

5

institutions; or to the appointment, qualification, tenure, removal, recall

6

or compensation of judges; or to the reversal of a judicial decision; or

7

to the powers, creation or abolition of courts; or the operation of which

8

is restricted to a particular town, city or other political division or to

9

particular districts or localities of the commonwealth; or that makes a

10

specific appropriation of money from the treasury of the

11

commonwealth, or relates to civil or legal rights shall be proposed by

12

an initiative petition; but if a law approved by the people is not

13

repealed, the general court shall raise by taxation or otherwise and shall

14

appropriate such money as may be necessary to carry such law into

15

effect.

 

____________________________

   

 

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 9, 2007,  and for any subsequent joint sessions which may be held.]

[See Amendments to the Constitution, Art. XLVIII, the Initiative, Part IV, and

Art. LXXXI (pp. 105 and 125 of the Manual for 2005-2006); 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.