December 29, 1982 Number 4

December 29, 1982 Number 4. Michael Joseph Connolly Secretary of State State House Boston, Massachusetts 02133 Dear Secretary Connolly: You have asked my opinion whether chapter 455 of the Acts of 1 982 ( * 'chapter 455"), entitled "An Act providing a new salary schedule for the executive and legislative and judicial departments," may be the subject of a referendum peti- tion under Article 48 of the Amendments to the Massachusetts Constitution. Your opinion request arises because a referendum petition calling for the repeal of this law has been filed with your office in a timely fashion signed by ten quali- fied voters of the Commonwealth. The particular question presented by your opin- ion request concerns whether the Act may be the subject of a referendum petition. A law that relates to any matter excluded from the referendum process, including a law that relates to the compensation ofjudges, may not be the subject of a referen- dum petition. Amendments, Article 48, The Referendum, Pt. Ill, §3 ("Article 48"). If the Act does not relate to an excluded matter, you have the constitutional obligation of preparing blank petitions for the use of subsequent signers. The answer to the particular question which you pose is so clearly in the negative that extended discussion is unnecessary. On November 10, 1982 the Governor signed chapter 455 into law. Section one of this Act makes certain changes in the salaries of the members of the general court and modifies their salary schedule depending upon their positions and duties within the legislature. Sections two through seven increase the salaries of the Gover- nor and the other constitutional officers. Sections eight, nine and ten increase the P.D. 12 89 compensation provided the justices of the Supreme Judicial Court, the Appeals Court and the Trial Court of the Commonwealth.' Under the provisions of Article 48, "No law that relates to . . . the appoint- ment, qualification, tenure, removal or compensation ofjudges . . . shall be sub- ject to a referendum petition." Amendments, Article 48, Pt. Ill, §2. The excluded matters provision has consistently been read to mean that if any portion of a law relates to a matter excluded from the referendum process, the law in its entirety may not be the subject of a referendum petition. 8 Op. Atty. Gen. at 331 , 334-335 (1927). This conclusion is supported by an examination of the debates of the con- stitutional convention^ and the long established principle that a referendum may be conducted only as to an entire Act of the Legislature as adopted and not as to any of its sections. 1965-66 Op. Atty. Gen.. Rep. A.G., Pub. Doc. No. 12 at 312 (1966). It is clear that chapter 455 relates to the compensation of judges, as the Act expressly amends the statutory provisions which set the compensation forjudges, and as its very title indicates, provides a new salary schedule for the judicial depart- ment. Because chapter 455 relates to a matter excluded from the referendum process, it is my opinion that it may not be the subject of a referendum petition. Therefore you should not proceed to provide blank forms for the use of subse- quent signers. Very truly yours, FRANCIS X. BELLOTTI Attorney General Those sections provide as follows; Section 8. Section 22 of chapter 2 1 1 of the General Laws is hereby amended by striking out the first sentence, as most recently amended by section 4 of chapter 632 of the acts of 1981, and inserting in place thereof the following sentence: — The chief justice of the court shall receive a salary of sixty-five thousand dollars and each associate justice a salary of sixty-two thousand five hundred dollars; and the chief justice and each associate justice shall annually receive from the commonwealth, upon the certificate of the chief justice, the amount of expenses incurred by them in the discharge of their duties. Section 9. Section 2 of chapter 2 1 1 of the General Laws Is hereby amended by striking out (he first sentence, as most recently amended by section 6 of said chapter 632, and inserting in place thereof the following sentence: — The chief justice shall receive a salary of sixty-two thousand five hundred dollars and each associate justice a salary of sixty-two thousand five hundred dollars; and the chief justice and each associate justice shall annually receive from the commonwealth, upon the certificate of the chief justice, the amount of expenses incurred by them in the discharge of their duties. Section 10. Section 4 of chapter 21 IB of the General Laws is hereby amended by striking out the first three paragraphs, as amended by section 10 of said chapter 632. and inserting in place thereof the following three paragraphs: — The salariesof the justices of the trial court shall be paid by the commonwealth. Each associate justice shall receive as a salary sixty thousand dollars. The administrative justices of the superior court department, the land court department, the housing court department, the probate and family court department, the Boston municipal court department, the juvenile court department and the district court department shall receive sixty-two thousand five hundred dollars. The chief administrative justice shall receive as a salary sixty-two thousand five hundred dollars. The Resolutions as originally considered by the Constitutional Convention provided that a referendum petition could be filed on any law enacted by the General Court which is not an emergency measure or on "any part thereof." 2 Debates in the Consititutional Convention, 3-6 and 674-678 (Wright & Poner Printing, 1917-1918). Upon a Motion by Mr. Lincoln Bryant of Milton, the Convention accepted an amendment striking the provisions allowing for a referenda on parts of Acts. Id. at 69.'i-702 Mr. Bryant had explained the rationale of his amendment by stating, "If any part of a law is to be rejected the whole law ought to be considered and it is almost impossible for the voters to take a part of a law without the rest of the law before them and to decide intelligently whether that one particular part ought to come out." Id. at 694. As finally adopted by the voters. "Article 48" does not provide a means by which a referendum may be held on a part of a law. 90 P.D. 12