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, October 16, 2008.

Met at eight minutes past eleven o’clock A.M. (Mr. Hart in the Chair).

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

Communications.

The following communications were severally placed on file:
Communication from the Department of Public Health relative to a plan of correction submitted pursuant to inspection of the North Central Correctional Institution (received Wednesday, October 15, 2008); and
Communication from the Department of Public Health relative to a plan of correction submitted pursuant to inspection of MCI Shirley (received Wednesday, October 15, 2008).

Petition.

Mr. Augustus presented a petition (subject to Joint Rule 12) of Edward M. Augustus, Jr. for legislation to authorize the division of capital asset management and maintenance to convey certain parcels of land in the city of Worcester,— and the same was referred, under Senate Rule 20, to the committees on Rules of the two branches, acting concurrently.

PAPERS FROM THE HOUSE.

Bills
Relative to noncontributory retirement benefits (House, No. 5100,— on House, No. 4221); and
Relative to the operation of low-speed motor vehicles (House, No. 5113,— on House, No. 3524);
Were severally read and, under Senate Rule 27, referred to the committee on Ways and Means.

A Bill establishing a department of public works in the town of Merrimac (House, No. 5114,— on House, No. 4494) [Local approval received on House, No. 4494],—was read and, under Senate Rule 26, placed in the Orders of the Day for the next session.

Resolutions.

The following resolutions (having been filed with the Clerk) were severally considered forthwith and adopted, as follows:—
Resolutions (filed by Mr. Augustus and Ms. Chandler) “recognizing October as Domestic Violence Awareness Month”;
Resolutions (filed by Mr. Pacheco) “congratulating James Patrick Bolia on his Eagle Scout Award”;
Resolutions (filed by Ms. Walsh) “congratulating Marie-Louise Kehoe on being honored for her service to the town of Dedham”; and
Resolutions (filed by Ms. Wilkerson) “congratulating Melvin H. King on the occasion of his eightieth birthday.”

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 authorizing the town of Natick to grant eight additional licenses for the sale of alcoholic beverages to be drunk on the premises (House, No. 4831),— 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 authorizing the town of Natick to grant 8 additional licenses for the sale of alcoholic beverages to be drunk on the premises”.

PAPERS FROM THE HOUSE.
Engrossed Bill Returned with Recommendation of Amendment.

A message from His Excellency the Governor, returning with recommendation of amendment the engrossed Bill relative to animal fighting or cruelty (see House, No. 1527) [for message, see House, No. 5098],— came from the House with endorsement that the House adopted the amendment recommended by the Governor (as approved by committee on Bills in the Third Reading), as follows:
By striking out section 2.
The message was read; and, under the provisions of Article LVI of the Amendments to the Constitution, the bill was before the Senate subject to amendment and re-enactment.
The rules were suspended, on motion of Mr. Moore, and the amendment considered forthwith and adopted, in concurrence. Sent to the House for re-enactment.

Order — Amended.

The Senate Order relative to granting the joint committee on Municipalities and Regional Government until Friday, October 19, 2008, within which to report on Senate documents numbered 2801 and 2802,— came from the House with an amendment striking out the words “Monday, October 13” and inserting in place thereof the words “Friday, October 17”.
The rules were suspended, on motion of Mr. Moore, and the Senate concurred in the House amendment.

A petition (accompanied by bill, House, No. 5116) of Eugene L. O’Flaherty for legislation to extend the harbor lines for the building of certain structures over navigable waters of the Charlestown Navy Yard located in the city of Boston,— was referred, in concurrence, under suspension of Joint Rules 12 and 9, to the committee on Environment, Natural Resources and Agriculture.

Report of a Committee.

By Mr. Panagiotakos, for the committee on Ways and Means, that the House Bill designating architect emeritus status (House, No. 4803),— ought to pass, with an amendment in section 1, as printed, by inserting after the words “active practice of architecture” the following words:— “in the commonwealth”; and in section 3, as printed, in proposed section 60N, by striking out subsection (a) and inserting in place thereof the following subsection:—
“(a) Upon receipt of a written application, the board may grant a certificate of registration as an architect emeritus to an architect who has retired from the active practice of architecture in the commonwealth. To be eligible for a certificate of registration as an architect emeritus, the applicant shall: (i) submit an application together with a fee prescribed by the board; (ii) have been an architect in good standing in the commonwealth at the time of his retirement; (iii) be at least 65 years of age; (iv) have been a registered architect in the commonwealth for at least 10 years; (v) have relinquished his license to practice architecture; and (vi) satisfy any other requirements as may be prescribed by the board.”.
There being no objection, the rules were suspended, on motion of Mr. Moore, and the bill was read a second time and was amended, as recommended by the committee on Ways and Means.
The bill, as amended, was then ordered to a third reading, read a third time and passed to be engrossed, in concurrence with the amendment, its title having been changed by the committee on Bills in the Third Reading to read as follows: “An Act providing for the registration of architects emeritus”.
Sent to the House for concurrence in the amendment.

Order Adopted.

On motion of Mr. Moore,—

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 the same Senator, at a quarter past eleven o’clock A.M., the Senate adjourned to meet on the following Monday at eleven o’clock A.M.