NOTICE: - While reasonable efforts have been made to assure the accuracy of the data herein, this is NOT the official version of Senate Journal. It is published to provide information in a timely manner, but has not been proofread against the events of the session for this day. All information obtained from this source should be checked against a proofed copy of the Senate Journal.


UNCORRECTED PROOF OF THE
JOURNAL OF THE SENATE.


Seal of the Commonwealth of Massachusetts

JOURNAL OF THE SENATE.

Thursday, August 24, 2006.

Met at one minute past eleven o’clock A.M. (Mr. Havern in the Chair) (having been appointed by the President, under authority conferred by Senate Rule 4, to perform the duties of the Chair).

The Chair (Mr. Havern), members, guests and employees then recited the pledge of allegiance to the flag.

Resolutions.

The following resolutions (having been filed with the Clerk) were considered forthwith and adopted, as follows:—
Resolutions (filed by Mr. Lees) “congratulating the Honorable Marie E. Lyons on the occasion of her retirement from the Hampden County Probate and Family Court.”

PAPERS FROM THE HOUSE.
Emergency Preamble Adopted; Engrossed Bill Enacted.

An engrossed Bill establishing a sick leave bank for Frances M. Ravish, an employee of the Trial Court of the Commonwealth (see House, No. 5071), having been certified by the Senate Clerk to be rightly and truly prepared for final passage and containing an emergency preamble,— was laid before the Senate; and, a separate vote being taken in accordance with the requirements of Article LXVII of the Amendments to the Constitution, the preamble was adopted, in concurrence, by a vote of 2 to 0.
The bill was signed by the Acting President (Mr. Havern) and sent to the House for enactment.
Subsequently, the bill, which originated in the House, came from the House with the endorsement that it had been enacted in that branch.
The Senate then passed the bill to be enacted; and it was signed by the Acting President (Mr. Havern) and laid before the Governor for his approbation.

Bill Returned with Recommendation of Amendment.

A message from His Excellency the Governor, returning with recommendation of amendment the engrossed Bill authorizing written majority authorization cards as evidence of collective bargaining results (see House, No. 429) [for message, see House, No. 5247],— came from the House with the endorsement that the House had rejected the amendment recommended by the Governor, as follows:
By striking out all after the enacting clause and inserting in place thereof a new text:
“SECTION 1. Section 1 of chapter 150E of the General Laws, as appearing in the 2004 Official Edition, is hereby amended by striking out the definition of ‘Employee’ or ‘public employee’ and inserting in place thereof the following definition:
‘Employee’ or ‘public employee’, any persons in the executive or judicial branch of a government unit employed by a public employer except elected officials, appointed officials, members of any board or commission, representatives of any public employer, including the heads, directors and executive and administrative officers of departments and agencies of any public employer, and other managerial employees or confidential employees, and members of the militia or national guard and employees of the commission, and officers and employees within the department of the state secretary, state treasurer, state auditor and attorney general.
SECTION 2. Said section 1 of said chapter 150E, as so appearing, is hereby further amended by inserting after the definition of ‘Commissioner’ the following definition:—
‘Confidential employee’, any person that directly assists and acts in a confidential capacity to, or provides counsel to, a person or persons otherwise excluded from coverage under this chapter.
SECTION 3. Said section 1 of said chapter 150E, as so appearing, is hereby further amended by inserting after the definition of ‘Legislative body’ the following definition:—
‘Managerial employee’, any individual in a position in which the principal functions are characterized by one of the following: (1) responsibility for direction of a subunit or facility of a major division of an agency or assignment to an agency head’s staff; (2) development, implementation and evaluation of goals and objectives consistent with agency mission and policy; (3) participation in the formulation of agency policy; (4) a role in the preparation or administration of collective bargaining agreements or personnel decisions, or both, including staffing, hiring, firing, evaluation, promotion and training of employees; and (5) responsibility involving the exercise of independent judgment of an appellate responsibility.” ; and by inserting before the enacting clause the following emergency preamble:
Whereas, The deferred operation of this act would tend to defeat its purpose, which is to amend, forthwith the public employees collective bargaining law, therefore it is hereby declared to be an emergency law, necessary for the immediate preservation of the public convenience.”
The message (House, No. 5247) was read, and under the provisions of Article LVI of the Amendments to the Constitution, the bill was before the Senate for amendment and re-enactment.
On motion of Mr. Tarr, the amendment was offered for consideration; and the Senate rejected the amendment recommended by the Governor.
Sent to the House for re-enactment.

Matter Taken Out of the Orders of the Day.

There being no objection, the following matter was taken Out of the Orders of the Day and considered as follows:
The House Bill protecting employee compensation (House, No. 4663),— was read a second time, ordered to a third reading, read a third time and passed to be engrossed, in concurrence, its title having been changed by the committee on Bills in the Third Reading to read as follows: “An Act requiring triple damage for wage violations”.

PAPERS FROM THE HOUSE.
Engrossed Bills.

The following engrossed bills (the first of which originated in the Senate), having been certified by the Senate Clerk to be rightly and truly prepared for final passage, were severally passed to be enacted and were signed by the Acting President (Mr. Havern) and laid before the Governor for his approbation, to wit:
Relative to a certain corporate credit union (see Senate, No. 2286);
Relative to the treatment of waste water in the town of Westborough (see House, No. 4484);
Relative to processing of funds (see House, No. 4649, amended); and
Authorizing the voters of the city of New Bedford to determine if the public water supply should be fluoridated (see House, No. 5134).

Report of Committees.

By Mr. Buoniconti, for the committees on Rules of the two branches, acting concurrently, that Joint Rule 12 be suspended on the Senate petition of Steven A. Baddour for legislation relative to MBTA fare evasion.
Senate Rule 36 was suspended, on motion of Mr. Tarr, and the report was considered forthwith. Joint Rule 12 was suspended; and the petition (accompanied by bill) was referred to the committee on Transportation.
Sent to the House for concurrence.

PAPERS FROM THE HOUSE.
Emergency Preamble Adopted; Engrossed Bill Enacted.

An engrossed Bill establishing a sick leave bank for Jan O. Modzeleski, Sr., an employee of the Department of Correction (see Senate, No. 2640, amended), having been certified by the Senate Clerk to be rightly and truly prepared for final passage and containing an emergency preamble,— was laid before the Senate; and, a separate vote being taken in accordance with the requirements of Article LXVII of the Amendments to the Constitution, the preamble was adopted, in concurrence, by a vote of 2 to 0.
The bill was signed by the Acting President (Mr. Havern) and sent to the House for enactment.
Subsequently, the bill, which originated in the Senate, came from the House with the endorsement that it had been enacted in that branch.
The Senate then passed the bill to be enacted; and it was signed by the Acting President (Mr. Havern) and laid before the Governor for his approbation.

Recess.

There being no objection, at seventeen minutes past twelve o’clock noon, the Chair (Mr. Havern) declared a recess; and at five minutes past two o’clock P.M., the Senate reassembled, Mr. Havern in the Chair.

PAPERS FROM THE HOUSE.

The House Bill relative to the economic development of the Commonwealth (House, No. 5253, amended),— came from the House with the endorsement that the House had concurred in the Senate amendments inserting after section 1 the following section:—
“Section 1A. Section 9 of chapter 28A of the General Laws is hereby amended by striking out the definition of “Placement agency” and inserting in place thereof the following definition:—
“Placement agency”, a department, agency or institution of the commonwealth, or any political subdivision thereof, that provides custodial care and social services to children and that receives, by agreement with a parent or guardian, by contract with a state agency or as a result of referral by a court of competent jurisdiction, any child under 18 years of age, for placement in family foster care or a group care facility, or for adoption.”;
and with a further amendment, by inserting after section 2 the following section:—
“Section 2A. The third sentence of subsection (a) of section 95 of chapter 139 of the acts of 2006 is hereby amended by inserting, after the words ‘in awarding the grants’ the following words:— ; provided, however, that $3,500,000 shall be allocated to a community health center which provides 24-hour emergency services, a Program of All-Inclusive Care for the Elderly, known as the PACE program, and a 340B pharmacy program to support essential community services and underserved communities.”,— with a further amendment, striking out all after the enacting clause and inserting in place thereof the text of House document numbered 5259.
The rules were suspended, on motion of Mr. Tarr, and the matter was considered forthwith.
Mr. Hart presented a motion that the Senate concur in the further House amendment with a still further amendment, striking out all after the enacting clause and inserting in place thereof the text of Senate document numbered 2712.
The motion was accepted; and the amendment was adopted.
Sent to the House for concurrence in the still further Senate amendment.

Emergency Preamble Adopted.

An engrossed Bill establishing a sick leave bank for George Mazareas, an employee of the Executive Office of Economic Development (see Senate, No. 2700), having been certified by the Senate Clerk to be rightly and truly prepared for final passage and containing an emergency preamble,— was laid before the Senate; and, a separate vote being taken in accordance with the requirements of Article LXVII of the Amendments to the Constitution, the preamble was adopted in concurrence, by a vote of 2 to 0.
The bill was signed by the Acting President (Mr. Havern) and sent to the House for enactment.

Engrossed Bill.

An engrossed Bill authorizing written majority authorization cards as evidence of collective bargaining results (see House, No. 429) (which originated in the House), having been certified by the Senate Clerk to be rightly and truly prepared for final passage, was passed to be re-enacted and was signed by the Acting President (Mr. Havern) and again laid before the Governor for his approbation.

Recess.

There being no objection, at twenty-three minutes past two o’clock P.M., the Chair (Mr. Havern) declared a recess; and at twenty-six minutes before six o’clock P.M., the Senate reassembled, Ms. Menard in the Chair (having been appointed by the President, under authority conferred by Senate Rule 4, to perform the duties of the Chair).

PAPERS FROM THE HOUSE.

A Bill providing health care coverage for certain prosthetic devices (House, No. 5256,— on House, No. 4972, in part),— was read.
There being no objection, the rules were suspended, on motion of Mr. Tarr, and the bill was read a second time, ordered to a third reading, read a third time and passed to be engrossed, in concurrence.

Engrossed Bill.

An engrossed Bill establishing a sick leave bank for George Mazareas, an employee of the Executive Office of Economic Development (see Senate, No. 2700) (which originated in the Senate), having been certified by the Senate Clerk to be rightly and truly prepared for final passage, was passed to be enacted and was signed by the Acting President (Ms. Menard) and laid before the Governor for his approbation.

Order Adopted.

On motion of Mr. Tarr,—
Ordered, That when the Senate adjourns today, it adjourn to meet again on Monday next at eleven o’clock A.M., and that the Clerk be directed to dispense with the printing of a calendar.

On motion of Mr. Tarr, at twenty-four minutes before six o’clock P.M., the Senate adjourned to meet on the following Monday at eleven o’clock A.M.