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.


Seal of the Commonwealth of Massachusetts


Tuesday, October 11, 2005.

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

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


The following resolutions (having been filed with the Clerk) were severally considered forthwith and adopted, as follows:—

Resolutions (filed by Ms. Creem) “on the occasion of the retirement of Edward G. English”;

Resolutions (filed by Ms. Murray and Mr. O’Leary) “congratulating the Boys and Girls Club of Cape Cod on supporting the ‘Lights on After School!’ Program”; and

Resolutions (filed by Messrs. Tolman, Augustus, Barrios, Berry and Brewer, Ms Chandler, Ms. Creem, Messrs. Tavern, Knapik, Montigny and Nuciforo, Ms. Spilka, Mr. Tisei and Ms. Wilkerson) “commending direct care workers.”

Report of Committees.

By Ms. Menard, for the committees on Rules of the two branches, acting concurrently, that Joint Rule 12 be suspended on the Senate petition of Robert A. O’Leary and Shirley Gomes for legislation relative to the Barnstable County septic loan program.
Senate Rule 36 was suspended, on motion of Mr. Knapik, and the report was considered forthwith. Joint Rule 12 was suspended; and the petition (accompanied by bill) was referred to the committee on Municipalities and Regional Government.
Sent to the House for concurrence.


On motion of Mr. Tolman, Senate Rule 20 and Joint Rule 12 were suspended on the petition, presented by Mr. Augustus, (accompanied by bill) of Edward M. Augustus, Jr. and Anthony Petruccelli for legislation to strengthen voting rights and voter confidence in the Commonwealth’s elections,— and the same was referred to the committee on Election Laws.
Sent to the House for concurrence.


There being no objection, the following House Order (approved by the committees on Rules of the two branches, acting concurrently) was considered forthwith, as follows:

Ordered, That the committee on Public Health and the committee on Children and Families be authorized to sit jointly for the purposes of conducting a public hearing, holding an executive session and reporting on Senate, Nos. 122, 140 and 1254 and House, Nos. 2633, 2701 and 3952, relative to public health, oral health and Shaken Baby Syndrome.

Pending the question on adoption of the order, Ms. Spilka moved that the order be amended by striking out the text and inserting in place thereof the following:

Ordered, That, joint committees on Public Health and Children and Families be authorized to sit jointly for the purpose of conducting a public hearing on Senate Nos. 959, 122, 140, 1254 and House Nos. 2749, 2633, 2701 and 3952 relative to adoption records, oral health, and shaken baby syndrome, so-called; provided, that any report on a matter heard in such joint hearing shall be made by the committee to which the matter was initially referred to.”
The amendment was adopted.
The order, as amended, was then adopted.
Sent to the House for concurrence in the amendment.


There being no objection, at five minutes past eleven o’clock A.M., the Chair (Mr. Havern) declared a recess; and at a quarter before two o’clock P.M., the Senate reassembled, Mr. Havern the Chair (having been appointed by the President, under authority conferred by Senate Rule 4, to perform the duties of the Chair).


Engrossed Bill.

An engrossed Bill establishing an affordable housing trust fund in the town of Duxbury (see House, No. 3155) (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 enacted and was signed by the Acting President and laid before the Governor for his approbation.

Report of a Committee.

By Ms. Murray, for the committee on Ways and Means, on House, No. 4169, in part, a “Bill extending the time for certain capital gains tax remedies” (Senate, No. 2228).

Mr. Timilty moved that the rules be suspended so that the matter could be considered forthwith; but objection was made thereto by Mr. Knapik.
Under the rules, referred to the committee on Ethics and Rules.

Order Adopted.

On motion of Mr. Knapik,—

Ordered, That when the Senate adjourns today, it adjourn to meet again tomorrow at one o’clock P.M., in a full formal session without a calendar.

On motion of Mr. Timilty, at nine minutes before two o’clock P.M., the Senate adjourned to meet on the following day at one o’clock P.M.