Proposed Amendments for Massachusetts Constitutional Convention of February 11, 2004

Proposed Amendments for Massachusetts Constitutional Convention of February 11, 2004
[AND FOR SUBSEQUENT SESSIONS IF ORDERED.]

#1
Proposal for a Legislative Amendment to the Constitution increasing the term of the General Court from two 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 the next General Court and approved by the people at the state election next following]:

ARTICLE OF AMENDMENT.

Article LXIV of the Amendments to the Constitution amended by Article LXXX and Article LXXII Amendments, is hereby annulled, and the following is adopted in place thereof: -

SECTION 1. Article LXIV. The Governor, lieutenant governor, secretary, treasurer and receiver-general, attorney general, auditor, senators, and representatives shall be elected quadrennially, and counselors shall be elected biennially. The terms the governor and lieutenant-governor shall begin at noon Thursday next following the first Wednesday in January succeeding their election and shall end at noon on the Thursday following the first Wednesday in January in the fifth year following their election. If the governor-elect shall have died before the qualification of the lieutenant-governor-elect, the lieutenant-governor-elect upon qualification shall become governor. If both the governor-elect and the lieutenant-governor-elect shall have died, both said offices shall be deemed vacant and the provisions of Article LV of the Amendments to the Constitution shall apply. The terms of the secretary, treasurer and receiver-general, attorney-general, and auditor shall begin with the third Wednesday in January succeeding their election and shall extend to the third Wednesday in January in the fifth year following their election and until their successors are chosen and qualified. The terms of the councilors shall begin at noon on the Thursday next following the first Wednesday in January succeeding their election and shall end at noon on the Thursday next following the first Wednesday in January in the third representatives shall begin with the first Wednesday in January succeeding their election and shall extend to the first Wednesday in January in the fifth year following their election and until their successors are chosen and qualified.

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

SECTION 3. The first election to which this article shall apply shall be held on the Tuesday next after the first Monday in November in the year two thousand and two, and thereafter elections for the choice of governor, lieutenant-governor, auditor, secretary, treasurer and receiver-general, attorney-general, auditor, senators, and representatives shall be held quadrennially on the Tuesday next after the first Monday in November and elections for the choice of councilors shall be held biennially on the Tuesday next after the first Monday in November.

#2:
Proposal for a Legislative Amendment to the Constitution relative to emergency appointments of elected officials.

ARTICLE OF AMENDMENT.

The Constitution of the Commonwealth is hereby amended by striking out Article LXXXIII of the Amendments to the Constitution, and inserting in place thereof the following Article of Amendment:-

Article LXXXIII. The general court shall have full power and authority to provide for prompt and temporary succession to the powers and duties of public offices, of whatever nature and whether filled by election or appointment, the incumbents of which may become unavailable for carrying on the powers and duties of such offices in periods of emergency resulting from disaster caused by enemy or terrorist attack, and to adopt such other measures as may be necessary and proper for insuring continuity of the government of the commonwealth and the governments of its political subdivisions; except that, notwithstanding Article XXX of Part the First, if more than 1/3 of the senate or more than 1/3 of the house membership is vacant as a result of enemy or terrorist attack, the governor shall fill the vacancies by appointment, and in making the appointments he shall fill each vacancy with a person who is a resident of the district where the vacancy occurred and is of the same political party as the person who held the office at the time the vacancy occurred. A person so appointed shall serve until a successor is elected and qualified in accordance with with the provisions for filling vacancies in the general court.

#3:
Proposal for a Legislative Amendment to the Constitution promoting the representative character of ballot questions.

ARTICLE OF AMENDMENT.

Article XLVIII of the amendments to the Constitution is hereby amended in that part of said article XLVIII under the heading "The Initiative. II. Initiative Petitions" in section three by:

Striking the words: "shall be submitted to the attorney-general not later than the first Wednesday of the August before" and replacing them with the following:- "shall be submitted to the attorney-general not later than the first Wednesday of the June before", and is further amended by:

Striking the words: "it may then be filed with the secretary of the Commonwealth" and replacing them with the following:- "it may then be filed with a Ballot Question Title And Summary Statement Commission, the membership and operations of which will be provided for in the general laws. Said Commission will receive draft titles and summaries from the attorney general for use on the state ballot and petition forms and prepare final titles and summaries for use by the state secretary.", and is further amended by:

Striking the words: "a fair, concise summary, as determined by the attorney-general" and replacing them with the following:- "a fair, concise summary, as determined by the Ballot Question Title And Summary Statement Commission", and is further amended by:

Striking the words: "not earlier than the first Wednesday of September" and replacing them with the following:- "not earlier than the third Wednesday of July".

Article XLVIII of the amendments to the Constitution is hereby further amended in that part of said article XLVIII under the heading "The Initiative. IV. Legislative Action on Proposed Constitutional Amendments" in section two by:

Striking the words: "in the aggregate by not less than such number of voters as will equal three percent of the entire vote cast for governor at the preceding biennial state election" and replacing them with the following:- "in the aggregate by not less than such number of voters as will equal three percent of the number of registered voters during the preceding biennial state election and including such number of voters as will be equal to two per cent of the number of registered voters in each Congressional district during the preceding biennial state election"

Article XLVIII of the amendments to the Constitution is hereby further amended in that part of said article XLVIII under the heading "The Initiative. V. Legislative Action on Proposed Laws" in section one one by:

Striking the words: "in the aggregate by not less than such number of voters as will equal three per cent of the entire vote cast for governor at the preceding biennial state election" and replacing them with the following:- "in the aggregate by not less than such number of voters as will equal two and one half percent of the number of registered voters during the preceding biennial state election and including such number of voters as will be equal to one and one half per cent of the number of registered voters in each Congressional district during the preceding biennial state election"

Striking the words: "a number of signatures of qualified voters equal in number to not less than one half of one per cent of the entire vote cast for governor at the preceding biennial state election" and replacing them with the following:- "a number of signatures of qualified voters equal in number to not less than one half of one per cent of the number of registered voters during the preceding biennial state election".

#4:
Proposal for a Legislative Amendment to the Constitution relative to the election of judges.

ARTICLE OF AMENDMENT.

Part 2, c. 3, Article I of the Constitution is hereby amended by striking Article I and inserting in place thereof the following new language:

"Article I. The tenure that all commission officers shall by law have in their office, shall be expressed in their respective commissions. All judicial officers, duly appointed, commissioned and sworn, shall hold their offices for a period of six years. After the expiration of the initial six year term, the judicial officer, if he or she so chooses, shall have his or her name placed upon the ballot, in the County where they have been seated for the majority of the six years, for a vote of affirmation. If the judicial officer chooses not to place his/her name upon the ballot his/her term shall immediately end and he or she can not be considered for appointment to any judicial position. If the judicial officer's name is placed upon the ballot and receives a majority vote of all votes cast he or she shall be reappointed for an additional six-year period. If the judicial officer fails to receive a majority vote he or she shall not be eligible for reappointment to any judicial position. Should the judicial officer receive a vote of affirmation he or she will be eligible for a reappointment in like manner every six years thereafter. Provided however, the Governor, with the consent of the Council, may remove the judicial officer upon the address of both houses of the legislature and provided also, that the Governor, with the consent of the Council, may after due notice and hearing retire them because of advanced age or mental or physical disability; and provided further, that upon attaining seventy years of age said judges shall be retired. Such retirement shall be subject to any provisions made by law as to pensions or allowances payable to such officers upon their voluntary retirement.

The Clerk Magistrate in the County where a judicial officer's name is placed on the ballot, shall publish the judicial officer's sentencing and bail setting record on all Federal Bureau of Investigation Part I offenses for the previous six years in all County newspapers, on public access television channels within said County and post in all County courthouses. This shall be published a minimum of three weeks prior to the judicial officer's name being placed on the ballot.

Immediately upon ratification of this amendment to the Massachusetts Constitution, all judicial officers who are presently judges shall have their names placed on the ballot in the County where they are presently seated at the first state wide-election for a vote of affirmation."

#5:
Proposal for a Legislative Amendment to the Constitution providing for the abolition of the Council.

ARTICLE OF AMENDMENT.

ART. Section 1. Article IV of section I of chapter I of Part the Second of the Constitution is hereby amended by striking out the words "with the advice and consent of the council".

Section 2. Article II of section II of said chapter I is hereby amended by striking out in the first paragraph the words "and councillors" and the words "councillors and" wherever they appear in the third paragraph.

Section 3. Article III of section II of said chapter I is hereby amended by striking out the words "with five of the council".

Section 4. Article XI of section III of said chapter I is hereby amended by striking out the words "and council," and the word "council," wherever they appear.

Section 5. Article IV of section I of chapter II of the Second Part of the Constitution is hereby annulled.

Section 6. Article V of said section I of said chapter II is hereby amended by striking out the words "with advice of the council".

Section 7. Article VI of said section I of said chapter II is hereby amended by striking out the words "with advice of the council".

Section 8. Article VIII of said section I of said chapter II is hereby annulled and the following article is adopted in place thereof:-

Article VIII. The power of pardoning offences, except such as persons may be convicted of before the senate by an impeachment of the house, shall be in the governor; provided, that if the offence is a felony the General Court shall have the power to prescribe the terms and conditions upon which a pardon may be granted; but no charter of pardon, granted by the before conviction, shall avail the party pleading the same, notwithstanding any general or particular expressions contained therein, descriptive of the offence or offences intended to be pardoned. The each Governor shall annually communicate to the General Court the name of person pardoned, the crime and date of conviction, and the date of the pardon.

Section 9. Article IX of said section I of said chapter II is hereby amended by striking out the word "council" and inserting in place thereof the following word:- senate.

Section 10. Article XI of said section I of said chapter II is hereby amended by striking out the words ",with the advice and consent of the council,".

Section 11. Article II of section II of said chapter II is hereby annulled.

Section 12. Articles I to V, inclusive, of section III of said chapter II are hereby annulled.

Section 13. Article II of section IV of said chapter II is hereby amended by striking out the words "and council".

Section 14. Article I of chapter III of Part the Second of the consent of Constitution is hereby amended by striking out the words ", with the the council,", the first time they appear.

Section 15. Said article I of said chapter III is hereby further amended by striking out the word "council", the second time it appears, and inserting in place thereof the following word:- senate.

Section 16. Article II of said chapter III is hereby amended by striking out the words "or the council".

Section 17. Article V of said chapter III is hereby annulled

Section 18. Article I of chapter VI of Part the Second of the inserting Constitution is hereby amended by striking out the last paragraph and in place thereof the following paragraph:- And the said oaths or affirmations shall be taken and subscribed by the governor and the two lieutenant governor, before the president of the senate, in the presence of houses of assembly; and by senators and representatives first elected under this constitution, before the president and five of the council of the former constitution; and forever afterwards before the governor for the time being; and by the residue of the officers aforesaid, before such persons and in such manner as from time to time shall be prescribed by the legislature.

Section 19. Article II of said chapter VI is hereby amended by striking out in the second paragraph the words "or the governor and council".

Section 20. Said article II of said chapter VI is hereby further amended by striking out the fourth paragraph.

Section 21. Said article II of said chapter VI is hereby further amended by striking out the words "with the advice and consent of the council".

Section 22. Article VII of the Amendments to the Constitution is hereby amended by striking out the word "councillors,".

Section 23. Article VIII of said Amendments is hereby amended by in striking out the words ",lieutenant governor, or councillor" and inserting place thereof the words:- or lieutenant governor.

Section 24. Article XIII of said Amendments is hereby amended by striking out in the last sentence the words "or in the executive council".

Section 25. Article XVI of said Amendments is hereby annulled and the following article is adopted in place thereof:-

Article XVI. That there may be no delay in the organization of the government on the first Wednesday of January, the governor shall, as soon as may be, examine the returned copies of the records for the election of governor and lieutenant governor; and ten days before the said first Wednesday in January he shall issue his summons to such persons as appear to be chosen, to attend on that day to be qualified accordingly; and the secretary shall lay the returns before the senate and house of representatives on the said first Wednesday in January, to be by them examined; and in the case of the election of either of said officers, the choice shall be by them declared and published; but in case there for shall be no election of either of said officers, the legislature shall proceed to fill such vacancies in the manner provided in the Constitution the choice of such officers.

Section 26. Article XVII of said Amendments is hereby amended by striking out the words "with the advice and consent of the council".

Section 27. Article XXV of said Amendments is hereby annulled.

Section 28. Article XXXVII of said Amendments is hereby amended by striking out the words ",with consent of the council".

Section 29. The first sentence of section 1 of article LXIV, as striking appearing in article LXXX, of said Amendments is hereby amended by out the words "councillors".

Section 30. Said section 1 of said article LXIV, as so appearing, is hereby further amended by striking out the sixth sentence.

Section 31. The first sentence of section 2 of article CI, as appearing in section 2 of article CXIX, of said Amendments is hereby amended by striking out the words "and also the councillor districts".

Section 32. The last sentence of said section 2 of said article CI is hereby amended by striking out the words "and councillors".

Section 33. Section 3 of said article CI is hereby amended by striking out the word ", councillor".

Section 34. All of the provisions of the constitution and amendments inconsistent with the provisions of these Amendments are hereby annulled.

#6:
Proposal for a Legislative Amendment to the Constitution relative to a vacancy in the office of Governor or Lieutenant Governor.

ARTICLE OF AMENDMENT.

Section II of chapter II of Part the Second of the Constitution of the Commonwealth is hereby amended by striking out Article III and inserting in place thereof the following two articles:

Article III. Whenever the chair of the governor shall be vacant, by reason of his death, resignation or removal, the lieutenant governor shall become governor. Whenever the chair of the governor shall be vacant by reason of his absence from the commonwealth, or otherwise, except for his death, resignation or removal, the lieutenant governor for the time being, shall, during such vacancy, perform all the duties incumbent upon the governor, and shall have and exercise all the powers and authorities, which by this constitution the governor is vested with, when personally present.

Article IV. Whenever the office of lieutenant governor shall become vacant, the governor shall nominate a lieutenant governor who shall take office upon confirmation by a majority vote of both the house of representatives and the senate.

#7:
Proposal for a Legislative Amendment to the Constitution abolishing the Executive Council.

ARTICLE OF AMENDMENT.

SECTION 1. Article IV of section 1 of chapter 2 of Part 2 of the Constitution of the Commonwealth is hereby repealed.

SECTION 2. Article IX of Section 1 of chapter 2 of Part 2 of the Constitution of the commonwealth is hereby amended by striking out the word "council" in line 3 and inserting in place thereof the word senate.

SECTION 3. Article XI of section 1 of chapter 2 of Part 2 of the Constitution of the Commonwealth is hereby amended by striking out the words "with the advice and consent of the counsel" in lines 4 and 5.

SECTION 4. Section 3 of chapter 2 of Part 2 of the Constitution of the Commonwealth is hereby amended by striking out Articles I, II, III and IV.

#8:
Proposal for a Legislative Amendment to the Constitution relative to the affirmation of marriage.

ARTICLE OF AMENDMENT.

It being the public policy of this Commonwealth to protect the unique relationship of marriage in order to promote, among other goals, the stability and welfare of society and the best interest of children, only the union of one man and one woman shall be valid or recognized as a marriage in Massachusetts. Any other relationship shall not be recognized as a marriage or its legal equivalent.

[Mr. Barrios gives notice that he will move to amend the proposal by substituting the following: - "It is the public policy of this commonwealth to protect the unique relationship of marriage in order to promote, among other goals, the stability and welfare of society. All marriages between two people shall be eligible for all the rights and benefits of marriage".]

Several other proposed amendments surfaced during the Feb 11-12 convention:

Amendment proposed by joint leadership
Proposed jointly by leaders of the House and Senate, which would ban gay marriage and establish civil unions:

This article shall ensure that the people, not the courts, define the unique relationship of marriage.

It being the public policy of this commonwealth to protect the unique relationship of marriage, only the union of one man and one woman shall be valid or recognized as a marriage in Massachusetts. Two persons of the same sex shall have the right to form a civil union, if they meet the requirements set forth by law for marriage between a man and a woman.

Civil unions for same sex couples are established hereunder and shall provide entirely the same benefits, protections, rights and responsibilities that are afforded to couples married under Massachusetts law. All laws applicable to marriage shall also apply to civil unions.

This article is self-executing, but the General Court may enact laws not inconsistent with anything herein contained to carry out the purpose of this article.

Travis amendment
Proposed by Rep. Philip Travis (D-Rehoboth)

It being the public policy of this Commonwealth to protect the unique relationship of marriage in order to promote, among other goals, the stability and welfare of society and the best interest of children, only the union of one man and one woman shall be valid or recognized as marriage in Massachusetts. Nothing in this article requires or prohibits Civil Unions.

Bipartisan Senate amendment
Proposed by Senate President Robert Travaglini (D-Boston) and Senate Minority Leader Brian Lees (R-East Longmeadow)
Rejected on Feb. 11 by a vote of 104-94. Roll call

Section 1. It being the public policy of this Commonwealth to protect the unique relationship of marriage, only the union of one man and one woman shall be valid or recognized as a marriage in Massachusetts.

Section 2. The people of the Commonwealth adopt this Article to protect the unique relationship of marriage. The people also wish to establish civil unions to provide to same-sex couples all the benefits, protections, rights and responsibilities under state law as are granted to spouses in a marriage, while recognizing that under present federal law same-sex couples in civil unions will be denied federal benefits available to married couples.

Section 3. Two persons of the same sex shall have the right to form a civil union if they meet the requirements set forth by law for marriage between a man and a woman. All laws applicable to marriage, including laws that refer to a federal law and laws relating to dissolution of marriages, shall also apply to civil unions. Spouses in a civil union shall have all the same benefits, protections, rights and responsibilities under law as are granted to spouses in a marriage. As used in this section, "law" means any law of the commonwealth, or of any of its political subdivisions, or of any entity established to serve a public purpose, whether defined by statute, agency or court rule or regulation, ordinance, by-law, policy, common law or other source of civil law.

The appropriate agencies of the executive department shall take all the necessary measures to provide civil union license forms as required by the laws governing equivalent marriage forms and to provide for the maintenance of records of all civil unions and the dissolution thereof. The procedures under law for issuing a marriage license shall apply to issuing a civil union license.

Section 4. Persons of the same sex who married before the effective date of this Article shall be considered instead to have formed a civil union under section 3.

Section 5. This Article is self-executing, but the general court may enact laws consistent with this Article to carry out this Article's purposes.

Finneran amendment
Proposed by House Speaker Thomas M. Finneran (D-Mattapan)
Rejected on Feb. 11 by a vote of 100-98. Roll call

It being the public policy of this Commonwealth to protect the unique relationship of marriage, only the union of one man and one woman shall be valid or recognized as a marriage in Massachusetts.

This article is self-executing, but the General Court may enact laws not inconsistent with anything herein contained to carry out the purpose of this article, including, but not limited to, the enactment of laws establishing civil unions as may be defined by the General Court from time to time.

Barrios amendment
Proposed by Sen. Jarrett T. Barrios (D-Cambridge)

It is the public policy of this commonwealth to protect the unique relationship of marriage in order to promote, among other goals, the stability and welfare of society. All marriages between two people shall be eligible for all the rights and benefits of marriage.

Rogers amendment
Proposed by House Majority Leader John H. Rogers (D-Norwood)

It being the public policy of this Commonwealth to protect the unique relationship of marriage, only the union of one man and one woman shall be valid or recognized as a marriage in Massachusetts. Civil Unions for same sex couples are established hereunder and shall provide entirely the same benefits, protections, rights and responsibilities that are afforded to couples married under state law. Persons of the same sex who married in Massachusetts prior to the effective date of this Article shall be deemed to have formed a civil union consistent with the provisions of this Article.

This Article is self-executing and the general Court shall not enact laws inconsistent with anything herein contained to carry out the purpose of this Article.

#9:
Proposal for a Legislative Amendment to the Constitution to limit the content of appropriation bills.

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

ARTICLE OF AMENDMENT.

Article LXIII of the Articles of Amendment to the Constitution of the Commonwealth is hereby amended by adding the following new section:--

SECTION 5. Content of Appropriation Bills. A bill making appropriations shall not contain provisions on any other subject matter except as required for its routine implementation.

#10
Proposal for a Legislative Amendment to the Constitution to require biennial state budgets.

ARTICLE OF AMENDMENT.

Article LXIII of the Articles of Amendment to the Constitution of the Commonwealth is hereby amended by striking out sections 2, 3 and 4 and inserting in place thereof the following new sections:

SECTION 2. The Budget. Within three weeks after the convening of the general court the governor shall in each even-numbered year recommend to the general court a biennial budget which shall contain a statement of all proposed expenditures for the fiscal year and for the ensuing fiscal year, including those already authorized by law, and of all taxes, revenues, loans and other means by which such expenditures shall be defrayed. In the first year of the term of office of a governor who has not served in the preceding year said governor shall recommend such budget within eight weeks after the convening of the general court. The budget shall be arranged in such form as the general court may by law prescribe, or, in default thereof, as the governor shall determine. For the purpose of preparing his budget, the governor shall have the power to require any board, commission, officer or department to furnish him with any information he may deem necessary.

SECTION 3. The Biennial Appropriation Bill. All appropriations based upon the budget to be paid from taxes or revenues shall be incorporated in a single bill which shall be called the biennial appropriation bill. The general court may increase, decrease, add or omit items in the budget. The general court may provide for its salaries, mileage, and expenses and for necessary expenditures in anticipation of appropriations, but before final action on the biennial appropriation bill it shall not enact any other appropriation bill except on recommendation of the governor. The governor may at any time recommend to the general court supplementary budgets which shall be subject to the same procedures as the original budget.

SECTION 4. Special Appropriation Bills. After final action on the biennial appropriation bill or on recommendation of the governor, special appropriation bills may be enacted. Such bills shall provide the specific means for defraying the appropriations therein contained.

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 14, 2003 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. 103 and 125 of the Manual for 2003-2004); 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.