Massachusetts 2023-2024 Regular Session

Massachusetts House Bill H3819 Compare Versions

Only one version of the bill is available at this time.

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2	2	HOUSE DOCKET, NO. 2655 FILED ON: 1/19/2023
3	3	HOUSE . . . . . . . . . . . . . . . No. 3819
4	4	The Commonwealth of Massachusetts
5	5	_________________
6	6	PRESENTED BY:
7	7	Carmine Lawrence Gentile
8	8	_________________
9	9	To the Honorable Senate and House of Representatives of the Commonwealth of Massachusetts in General
10	10	Court assembled:
11	11	The undersigned legislators and/or citizens respectfully petition for the adoption of the accompanying bill:
12	12	An Act in furtherance of the Citizens Commission concerning a Constitutional Amendment to
13	13	secure government of the people.
14	14	_______________
15	15	PETITION OF:
16	16	NAME:DISTRICT/ADDRESS :DATE ADDED:Carmine Lawrence Gentile13th Middlesex1/19/2023Michelle M. DuBois10th Plymouth1/31/2023James K. Hawkins2nd Bristol2/7/2023Brian W. Murray10th Worcester2/17/2023James B. EldridgeMiddlesex and Worcester2/18/2023 1 of 5
17	17	HOUSE DOCKET, NO. 2655 FILED ON: 1/19/2023
18	18	HOUSE . . . . . . . . . . . . . . . No. 3819
19	19	By Representative Gentile of Sudbury, a petition (accompanied by bill, House, No. 3819) of
20	20	Carmine Lawrence Gentile and others relative to reviving, continuing and further regulating the
21	21	citizens commission established (under Chapter 322 of the Acts of 2018) concerning a
22	22	Constitutional amendment to secure government of the people. Veterans and Federal Affairs.
23	23	The Commonwealth of Massachusetts
24	24	_______________
25	25	In the One Hundred and Ninety-Third General Court
26	26	(2023-2024)
27	27	_______________
28	28	An Act in furtherance of the Citizens Commission concerning a Constitutional Amendment to
29	29	secure government of the people.
30	30	Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority
31	31	of the same, as follows:
32	32	1 SECTION 1. The general court hereby finds and declares that:
33	33	2 (i) the 2018 general election included Ballot Question 2, and of the 2,623,436 citizens
34	34	3who voted on the question, 1,871,989 (71.4 per cent) voted in favor and 751,447 (28.6 per cent)
35	35	4opposed;
36	36	5 (ii) chapter 322 of the acts of 2018 establishes the policy of Massachusetts and the
37	37	6statutory basis for the commission to advance that policy, and commissioners were duly
38	38	7appointed, and the first meeting was conducted on May 3, 2019;
39	39	8 (iii) the citizens commission has conducted numerous public meetings, received
40	40	9testimony, and conducted research;
41	41	10 (iv) the citizens commission completed the report required by section 4 of chapter 322; 2 of 5
42	42	11 (v) pursuant to chapter 322, Section 2, the citizens commission is charged with advancing
43	43	12the policy of Massachusetts in favor of amending the Constitution of the United States in the
44	44	13manner described in said chapter and recommended by the citizens commission;
45	45	14 (vi) the citizens commission is charged with ensuring "prudent consideration of such a
46	46	15constitutional amendment by the Massachusetts Congressional delegation and by the citizens and
47	47	16the general court during the ratification process to follow Congressional approval"; and
48	48	17 (vii) chapter 322 is amended for the purpose of ensuring the Citizens Commission
49	49	18efficiently and effectively serves to advance the policy of Massachusetts in favor of said
50	50	19constitutional amendment or amendments until such time as that constitutional amendment or
51	51	20amendments are ratified.
52	52	21 SECTION 2. Subsection (c) of section 1 of chapter 322 of the acts of 2018 is hereby
53	53	22amended by adding the following sentence:- The Citizens Commission is hereby revived and
54	54	23shall continue to exist and perform the responsibilities defined in this section until such time as
55	55	24the aforesaid constitutional amendment or amendments are ratified.
56	56	25 SECTION 3. Subsection (c) of section 2 of said chapter 322 is hereby amended by adding
57	57	26the following sentence:- The governor’s office of boards and commissions shall provide
58	58	27administrative support to the Citizens Commission, including but not limited to maintaining a
59	59	28website, facilitating meetings and similar administrative tasks.
60	60	29 SECTION 4. Subsection (f) of section 3 of said chapter 322 is hereby amended by adding
61	61	30the following sentence:- When making appointments pursuant to subsection (a), the Speaker of
62	62	31the House and the President of the Senate shall consult with their respective minority leaders. 3 of 5
63	63	32 SECTION 5. Said section 3 of said chapter 322 is hereby amended by adding the
64	64	33following subsection:-
65	65	34 (j) (1) In the event a vacancy occurs on the Citizens Commission, the chair, co-chairs or
66	66	35secretary of the Commission shall give notice of such vacancy to the appointing authority for
67	67	36that Commissioner. Within 30 days of receiving notice of the vacancy, the appointing authority
68	68	37shall appoint as a replacement Commissioner: (i) any person who has previously duly applied to
69	69	38serve on the Citizens Commission in the process described in this chapter; or (ii) any person who
70	70	39files an application in compliance with subsections (b) and (c); provided, that such application is
71	71	40publicly posted within 14 days of the notice of vacancy, and no appointment is made until 21
72	72	41days after notice of the vacancy.
73	73	42 (2) If the appointing authority fails to fill a vacant position in accordance with this
74	74	43subsection, the chair or co-chairs may appoint a replacement Commissioner.
75	75	44 SECTION 6. Subsection (h) of said section 3 of said chapter 322 is hereby amended by
76	76	45inserting after the word "co-chairs" the following words:- and a secretary.
77	77	46 SECTION 7. Section 4 of said chapter 322 is hereby amended by striking out subsection
78	78	47(a) and inserting in place thereof the following subsection:-
79	79	48 (a) At least once per year, the Citizens Commission shall issue a report on its activities,
80	80	49findings and recommendations to advance and ratify the constitutional amendment or
81	81	50amendments that are the subject of this Chapter. The report shall include: 4 of 5
82	82	51 (i) an analysis of the constitutional amendments that have been introduced in Congress to
83	83	52date in response to the Supreme Court’s decision in Citizens United v. FEC, and an assessment
84	84	53of their alignment with the policies and objectives set forth in this Act; and
85	85	54 (ii) recommendations for actions to be taken by Congress, the General Court of
86	86	55Massachusetts, the Governor, Secretary of the Commonwealth, the Attorney General and other
87	87	56public officials and bodies, and citizens of the Commonwealth of Massachusetts to further
88	88	57promotion, proposal and ratification of the recommended constitutional amendment or
89	89	58amendments.
90	90	59 SECTION 8. Said section 4 of said chapter 322 is hereby further amended by striking out
91	91	60subsection (b) and inserting in place thereof the following subsection:-
92	92	61 (b) The Citizens Commission shall deliver each of its reports to the President of the
93	93	62Senate, the Speaker of the House of Representatives, the Governor, the Secretary of the
94	94	63Commonwealth, the Attorney General, each member of the Massachusetts Congressional
95	95	64delegation, the President of the United States, and by public notice, the citizens of Massachusetts
96	96	65within 14 days of such report.
97	97	66 SECTION 9. Said section 4 of said chapter 322 is hereby further amended by striking out
98	98	67subsection (c) and inserting in place thereof the following subsection:-
99	99	68 (c) Within 5 days of receipt, the Secretary of the Commonwealth is instructed to deliver
100	100	69any such report to each of the Secretary's counterparts in each of the several States, requesting
101	101	70that the said Secretary of each State deliver the report to such State's President of the Senate,
102	102	71Speaker of the House of Representatives, Governor, State Secretary, and Attorney General. 5 of 5
103	103	72 SECTION 10. Subsection (e) of said section 4 of said chapter 322 is hereby amended by
104	104	73adding the following sentence:- Provided, that the Citizens Commission shall advance the
105	105	74amendment or amendments by continuing to: (i) engage elected officials and political leadership
106	106	75to ensure support and prompt ratification for the amendments; (ii) engage with other states to
107	107	76gain support for the amendments; and (iii) engage with the public, organizations and the media to
108	108	77increase awareness and support for the amendments.