Whereas, The deferred operation of this act would tend to defeat its purpose, which is to immediately make certain corrective changes in certain general and special laws, therefore it is hereby declared to be an emergency law, necessary for the immediate preservation of the public convenience.
Be it enacted by the Senate and House of Representatives
in General Court assembled, and by the authority of the same,
as follows:
SECTION 1. Section 7 of chapter 4 of the General Laws is hereby amended by striking out, in line 167, as appearing in the 1994 Official Edition, the word "person." and inserting in place thereof the following word:- person;.
SECTION 2. Said section 7 of said chapter 4 is hereby further amended by striking out, in line 171, as so appearing, the word "expired." and inserting in place thereof the following word:- expired;.
SECTION 3. Said section 7 of said chapter 4 is hereby further amended by striking out, in line 179, as so appearing, the word "cards." and inserting in place thereof the following word:- cards;.
SECTION 4. Clause Twenty-sixth of said section 7 of said chapter 4, is hereby amended by striking out subclause (1), as appearing in section 3 of chapter 204 of the acts of 1996, and inserting in place thereof the following subclause:-
(1) questions and answers, scoring keys and sheets and other materials used to develop, administer or score a test, examination or assessment instrument; provided, however, that such materials are intended to be used for another test, examination or assessment instrument;.
SECTION 5. Chapter 6 of the General Laws is hereby amended by striking out the caption preceding section 21, as appearing in the 1994 Official Edition.
SECTION 6. Said chapter 6 is hereby further amended by striking out the caption preceding section 22, as so appearing.
SECTION 7. Section 207 of chapter 6 of the General Laws, as appearing in the 1994 Official Edition, is hereby amended by striking out, in lines 20 and 21, the words "118 or chapter 118E of the General Laws" and inserting in place thereof the following words:- one hundred and eighteen or one hundred and eighteen E.
SECTION 8. Section 8A of chapter 6A of the General Laws, as appearing in the 1994 Official Edition, is hereby amended by striking out, in line 13, the word "maybe" and inserting in place thereof the following words:- may be.
SECTION 9. Section 16 of said chapter 6A, as so appearing, is hereby amended by striking out, in line 37, the words "hundred five and section two hundred eight" and inserting in place thereof the following words:- hundred and five and section two hundred and eight.
SECTION 10. Said chapter 6A is hereby further amended by striking out section 16A, as so appearing, and inserting in place thereof the following section:-
Section 16B. There shall be a division of medical assistance within the executive office of health and human services. Such division shall be in the charge of a commissioner who shall be known as the commissioner of medical assistance. The commissioner of medical assistance shall administer the provisions of chapter one hundred and eighteen E. Any agency within the executive office of health and human services engaging in any activity or implementing any policy involving the delivery of services reimbursable under chapter one hundred and eighteen E, certification or licensure of providers of services under such chapter, or identification of individuals eligible for medical assistance under such chapter, shall seek review by the commissioner of medical assistance prior to engaging in any such activity or implementing any such policy.
SECTION 11. Section 18B of said chapter 6A is hereby amended by striking out, in line 1, as so appearing, the words "shall, be" and inserting in place thereof the following words:- shall be,.
SECTION 12. Section 28 of chapter 7 of the General Laws, as so appearing, is hereby amended by striking out, in line 11, the word "provided" and inserting in place thereof the following word:- ; provided.
SECTION 13. Section 38B of said chapter 7, as so appearing, is hereby amended by striking out, in lines 3 and 4, the words "of whom", the first time they appear.
SECTION 14. Section 41B of said chapter 7, as so appearing, is hereby amended by striking out, in line 45, the word "and".
SECTION 15. Said section 41B of said chapter 7, as so appearing, is hereby further amended by inserting after the word "decisions;", in lines 47 and 48, the following word:- and.
SECTION 16. Section 42E of said chapter 7, as so appearing, is hereby amended by striking out, in line 2, the words "section 42E through 42I" and inserting in place thereof the following words:- sections forty-two E to forty-two I,.
SECTION 17. Section 43F> of said chapter 7, as so appearing, is hereby amended by striking out, in line 9, the word "by," and inserting in place thereof the following word:- by.
SECTION 18. Section 2 of chapter 9 of the General Laws, as so appearing, is hereby amended by striking out the second sentence.
SECTION 19. Section 35 of chapter 10 of the General Laws, as so appearing, is hereby amended by striking out, in line 14, the word "and," and inserting in place thereof the following word:- and.
SECTION 20. Said section 35 of said chapter 10, as so appearing, is hereby further amended by striking out, in lines 15 and 16, the words "created by section two D of chapter twenty-nine".
SECTION 21. Section 35D of said chapter 10, as so appearing, is hereby amended by striking out, in line 8, the word "or".
SECTION 22. Said section 35D of said chapter 10, as so appearing, is hereby further amended by striking out, in line 10, the word "(4) or" and inserting in place thereof the following word:- ; or (4).
SECTION 23. Section 37 of said chapter 10, as so appearing, is hereby amended by striking out, in lines 34 and 35, the words "established under the provisions of section two D of chapter twenty-nine".
SECTION 24. Section 39 of said chapter 10, as so appearing, is hereby amended by striking out, in lines 22 and 23, the words "established under the provisions of section two D of chapter twenty-nine".
SECTION 25. Section 50 of said chapter 10, as so appearing, is hereby amended by striking out the first two paragraphs and inserting in place thereof the following two paragraphs:-
There shall be established upon the books of the commonwealth a separate fund to be known as the Children's Trust Fund, which shall not be subject to further appropriation. Said fund shall be expended for the purposes set forth in the fourth paragraph of section two hundred and two and subsections (1) to (9), inclusive, of section two hundred and three of chapter six.
The child abuse prevention board, established pursuant to section two hundred and two and two hundred and three of chapter six, is authorized to receive and expend monies received from (1) state appropriations; (2) gifts, grants and donations from public or private sources; (3) federal reimbursements, grants-in-aid, or other monies credited or transferred from any other fund or source pursuant to law; (4) and any interest earned from the Children's Trust Fund. Such funds shall be impressed with a trust and held for said board in the Children's Trust Fund. The treasurer may receive, deposit and invest funds held for said board in a manner that will insure the highest interest rate available consistent with the safety of said Children's Trust Fund.
SECTION 26. Section 56 of said chapter 10, as so appearing, is hereby amended by striking out, in line 5, the word "advise" and inserting in place thereof the following word:- advice.
SECTION 27. Section 57 of said chapter 10, as so appearing, is hereby amended by striking out, in line 27, the words "established by section two D of chapter twenty-nine".
SECTION 28. Section 42 of chapter 13 of the General Laws, as so appearing, is hereby amended by inserting after the word "be", in line 34, the following word:- a.
SECTION 29. Section 1G of chapter 15 of the General Laws, as so appearing, is hereby amended by inserting after the word "providers", in line 37, the following words:- and a member representing the Massachusetts Head Start Directors Association.
SECTION 30. Section 17 of chapter 15A of the General Laws, as so appearing, is hereby amended by striking out, in line 16, the word "programs" and inserting in place thereof the following word:- program.
SECTION 31. Section 19 of said chapter 15A, as so appearing, is hereby amended by striking out, in line 19, the word "provision" and inserting in place thereof the following word:- provisions.
SECTION 32. Section 32 of said chapter 15A, as so appearing, is hereby amended by inserting after the word "assessment", in line 9, the following word:- and.
SECTION 33. Section 10 of chapter 18 of the General Laws, as so appearing, is hereby amended by striking out, in line 18, the figure "XIV," and inserting in place thereof the following word:- XIV or.
SECTION 34. Section 2 of chapter 18B of the General Laws, as so appearing, is hereby amended by striking out, in line 1, the letter "(A)".
SECTION 35. Section 5 of chapter 19C of the General Laws is hereby amended by striking out, in line 21, as so appearing, the word "department" and inserting in place thereof the following word:- commission.
SECTION 36. Section 19 of chapter 21A of the General Laws, as so appearing, is hereby amended by striking out, in line 25, the word "review" and inserting in place thereof the following word:- reviewed.
SECTION 37. Paragraph (c) of subsection (1) of section 19G of said chapter 21A, as so appearing, is hereby amended by striking out clause (iii) and inserting in place thereof the following clause:-
(iii) Notwithstanding any provision of paragraph (b) to the contrary, the total amount of a civil administrative penalty subject to this paragraph shall not exceed, in the aggregate, one thousand dollars.
SECTION 38. Section 19I of said chapter 21A, as so appearing, is hereby amended by striking out, in line 4, the words "through nineteen J" and inserting in place thereof the following words:- to nineteen J, inclusive.
SECTION 39. Said section 19I of said chapter 21A, as so appearing, is hereby further amended by striking out, in line 12, the words "of the General Laws".
SECTION 40. Section 19J of said chapter 21A, as so appearing, is hereby amended by striking out, in line 27, the words "of the General Laws".
SECTION 41. Section 3 of said chapter 21E, as so appearing, is hereby amended by striking out, in line 42, the word "question;" and inserting in place thereof the following word:- question,.
SECTION 42. Section 3B of said chapter 21E, as so appearing, is hereby amended by striking out, in lines 18 and 19, the words "reasonable, costs" and inserting in place thereof the following words:- reasonable costs,.
SECTION 43. Section 5 of said chapter 21E, as so appearing, is hereby amended by striking out, in line 244, the word "on" and inserting in place thereof the following word:- of.
SECTION 44. Section 5B of said chapter 21E, as so appearing, is hereby amended by striking out, in line 5, the word "or", the second time it appears, and inserting in place thereof the following word:- of.
SECTION 45. Section 13 of said chapter 21E, as so appearing, is hereby amended by striking out, in line 75, the word:- to.
SECTION 46. Section 6 of chapter 21H of the General Laws, as so appearing, is hereby amended by striking out, in line 1, the letter "(a)".
SECTION 47. Section 1 of chapter 21J of the General Laws is hereby amended by striking out, in line 15, as so appearing, the word "or", the second time it appears, and inserting in place thereof the following word:- of.
SECTION 48. Said section 1 of said chapter 21J is hereby further amended by striking out, in line 41, as so appearing, the word "environmental" and inserting in place thereof the following word:- environment.
SECTION 49. Section 4 of said chapter 21J, as so appearing, is hereby amended by striking out, in lines 12 and 13, the words "Section 8 of this chapter" and inserting in place thereof the following words:- section eight.
SECTION 50. Said section 4 of said chapter 21J, as so appearing, is hereby further amended by striking out, in line 14, the word "claims" and inserting in place thereof the following word:- claim.
SECTION 51. Section 2 of chapter 22A of the General Laws, as amended by section 97 of chapter 151 of the acts of 1996, is hereby further amended by striking out the second sentence and inserting in place thereof the following sentence:- The director may use existing data processing and data communications systems of the criminal justice information system.
SECTION 52. Section 19 of chapter 22C of the General Laws, as appearing in the 1994 Official Edition, is hereby amended by striking out, in line 9, the word "that" and inserting in place thereof the following word:- than.
SECTION 53. Section 26 of said chapter 22C is hereby amended by inserting after the word "shall", in line 40, as so appearing, the following word:- be.
SECTION 54. Section 40 of said chapter 22C, as so appearing, is hereby amended by striking out, in line 7, the word "eleven B" and inserting in place thereof the following word:- eleven C.
SECTION 55. Section 60 of said chapter 22C, as so appearing, is hereby amended by striking out, in line 7, the word "institution" and inserting in place thereof the following word:- institutions.
SECTION 56. Section 68 of said chapter 22C, as so appearing, is hereby amended by striking out, in line 12, the word "to".
SECTION 57. Section 3D of chapter 23A of the General Laws, as so appearing, is hereby amended by striking out, in line 38, the word "or".
SECTION 58. Section 10 of chapter 23B of the General Laws, as so appearing, is hereby amended by striking out, in line 8, the word "(m) or" and inserting in place thereof the following word:- or (m).
SECTION 59. Chapter 29 of the General Laws is hereby amended by striking out section 2T, as inserted by section 2 of chapter 254 of the acts of 1992.
SECTION 60. Said chapter 29 is hereby further amended by striking out section 2X, inserted by section 8 of chapter 300 of the acts of 1992.
SECTION 61. Said chapter 29 is hereby further amended by striking out section 2Y, as amended by section 159 of chapter 151 of the acts of 1996.
SECTION 62. Said chapter 29 is hereby further amended by inserting after section 2FF, inserted by section 2 of chapter 203 of the acts of 1996, the following three sections:-
Section 2GG. There shall be established and set up on the books of the commonwealth a separate fund to be known as the Health Protection Fund. There shall be credited to said fund all amounts collected pursuant to section seven of chapter sixty-four C, together with any penalties, forfeitures, interest, costs of suits and fines collected in connection therewith, less all amounts refunded or abated in connection therewith, all as determined by the commissioner of revenue according to his best information and belief; any appropriation, grant, gift, or other contribution explicitly made to said fund; and any income derived from the investment of amounts credited to said fund.
Amounts credited to said fund shall be expended, subject to appropriation, to supplement existing levels of funding for the following purposes:
(a) for comprehensive school health education programs, to be administered by the department of education; provided, however, that such programs shall incorporate information relating to the hazards of tobacco use;
(b) for workplace-based and community smoking prevention and smoking cessation programs, for tobacco-related public service advertising and for drug education programs, to be administered by the department of public health;
(c) for the support of community health centers and their programs of prenatal and maternal care, under the supervision of said department of public health; provided, however, that such prenatal and maternal care programs incorporate smoking cessation assistance and guidance regarding the harmful effects of smoking on fetal development; and
(d) for ongoing activities, by said department of public health, relating to the monitoring of morbidity and mortality from cancer and other tobacco-related illnesses in the commonwealth.
In conjunction with the preparation of the commonwealth's comprehensive annual financial report, the comptroller shall prepare and issue an annual report detailing the revenues and expenditures of said fund.
Section 2HH. There is hereby established upon the books of the commonwealth a separate fund to be known as the Federal Facilities Reserve Fund. There shall be credited to said fund all revenues resulting from the development leasing, operation, granting of concessions or other use of the selected site and its facilities or agreements related thereto including, without limitation, grants, fees, compensation, payments or revenues of any kind from any agency of the federal government or any other governmental entity.
Amounts credited to said fund shall be available, subject to appropriation, for planning and studies, acquisition of land and buildings and interest therein, the preparation of plans and specifications, the development, construction, reconstruction, improvement, renovation, enlargement, expansion, remodeling, build-out, repair, furnishings and equipment, or management, operation or maintenance of the selected site and its facilities and any administration costs associated therewith; provided, however, that said funds shall not be used for management, operation or maintenance unless the commissioner determines that adequate reserves necessary to meet the foreseeable capital needs of the selected site and its facilities will be available in said Fund despite such use.
Section 2II. There shall be established and set up on the books of the commonwealth a separate fund to be known as the Leo J. Martin Recreation Fund. There shall be credited to said fund forty-five per cent or four hundred and fifty thousand dollars, whichever is greater, of the total revenues generated from fees or any other revenue device at the Leo J. Martin Golf Course in the town of Weston and the city of Newton. Amounts credited to said fund may be used, subject to appropriation, exclusively for capital improvements, equipment, and maintenance of said golf course.
SECTION 63. Section 4 of said chapter 29, as appearing in the 1994 Official Edition, is hereby amended by striking out, in line 2, the words "recommend or petition" and inserting in place thereof the following words:- recommends or petitions.
SECTION 64. Section 7C of said chapter 29, as so appearing, is hereby amended by striking out, in lines 11, 24 and 62, each time they appear, the words "long range" and inserting in place thereof, in each instance, the following word:- long-range.
SECTION 65. Said section 7C of said chapter 29, as so appearing, is hereby further amended by striking out, in line 12, the word "request" and inserting in place thereof the following word:- requests.
SECTION 66. Section 7E of said chapter 29, as so appearing, is hereby amended by inserting after the word "as", in line 28, the following word:- to.
SECTION 67. Section 7G of said chapter 29, as so appearing, is hereby amended by striking out, in line 8, the words "2F of this chapter" and inserting in place thereof the following word:- two F.
SECTION 68. Said section 7G of said chapter 29, as so appearing, is hereby further amended by striking out, in line 10, the word "Top" and inserting in place thereof the following word:- top.
SECTION 69. Said section 7G of said chapter 29, as so appearing, is hereby further amended by striking out, in line 13, the word "Secondary" and inserting in place thereof the following word:- secondary.
SECTION 70. Section 7H of said chapter 29, as so appearing, is hereby amended by striking out, in line 15, the word "the", the first time it appears, and inserting in place thereof the following word:- be.
SECTION 71. Said section 7H of said chapter 29, as so appearing, is hereby further amended by striking out, in line 34, the word "State" and inserting in place thereof the following word:- state.
SECTION 72. Section 7I of said chapter 29, as so appearing, is hereby amended by striking out, in line 44, the word "his/her" and inserting in place thereof the following word:- his.
SECTION 73. Section 7J of said chapter 29, as so appearing, is hereby amended by striking out, in line 3, the word "sections" and inserting in place thereof the following word:- section.
SECTION 74. Section 31A of said chapter 29, as so appearing, is hereby amended by inserting after the word "days", in line 43, the following word:- of.
SECTION 75. Section 7B of chapter 30 of the General Laws, as so appearing, is hereby amended by striking out, in line 1, the word "or" and inserting in place thereof the following word:- of.
SECTION 76. Section 39F of said chapter 30, as so appearing, is hereby amended by striking out, in line 98, the word "the".
SECTION 77. Section 39M of said chapter 30, as so appearing, is hereby amended by striking out, in line 32, the word "forty-four L" and inserting in place thereof the following word:- forty-four J.
SECTION 78. Section 39Q of said chapter 30, as so appearing, is hereby amended by striking out, in line 75, the word "claim:" and inserting in place thereof the following word:- claim;.
SECTION 79. Section 62H of said chapter 30, as so appearing, is hereby amended by striking out, in line 37, the word "is", the second time it appears, and inserting in place thereof the following word:- it.
SECTION 80. Section 1 of chapter 30B of the General Laws, as so appearing, is hereby amended by striking out, in line 71, the word "collector." and inserting in place thereof the following word:- collector;.
SECTION 81. Said section 1 of said chapter 30B, as so appearing, is hereby further amended by striking out, in line 87, the word "fuel." and inserting in place thereof the following word:- fuel;.
SECTION 82. Section 5 of said chapter 30B, as so appearing, is hereby amended by inserting after the word "thirty A", in line 62, the following words:- , section nine G of chapter thirty-four or section twenty-three B of chapter thirty-nine.
SECTION 83. Section 10 of said chapter 30B, as so appearing, is hereby amended by striking out, in line 11, the words "Name of person signing bid or proposal" and inserting in place thereof the following words:- Signature of individual submitting bid or proposal.
SECTION 84. Section 12 of said chapter 30B, as so appearing, is hereby amended by striking out, in line 3, the word "services" and inserting in place thereof the following word:- serves.
SECTION 85. Said section 12 of said chapter 30B, as so appearing, is hereby further amended by striking out, in line 12, the words "solicit or".
SECTION 86. Section 16 of said chapter 30B, as so appearing, is hereby amended by striking out, in line 46, the word "bidding" and inserting in place thereof the following word:- binding.
SECTION 87. Section 18 of chapter 31 of the General Laws, as so appearing, is hereby amended by striking out, in line 8, the word "indicted" and inserting in place thereof the following word:- indicated.
SECTION 88. Section 22 of said chapter 32 is hereby amended by striking out, in line 816, as so appearing, the words "provided however" and inserting in place thereof the following words:- provided, however,.
SECTION 89. Section 23 of said chapter 32 is hereby amended by striking out, in line 445, as so appearing, the word "no" the second time it appears.
SECTION 90. Section 26 of said chapter 32 is hereby amended by striking out, in line 69, as so appearing, the letter "(a)" and inserting in place thereof the following:- (3)(a).
SECTION 91. Section 91 of said chapter 32 is hereby amended by striking out, in line 71, as so appearing, the word "disability" and inserting in place thereof the following word:- , disability.
SECTION 92. Chapter 32A of the General Laws is hereby amended by striking out section 17A, inserted by section 5 of chapter 458 of the acts of 1993.
SECTION 93. Said chapter 32A is hereby further amended by inserting after section 17C the following section:-
Section 17D. The commission shall provide to any active or retired employee of the commonwealth who is insured under the group insurance commission coverage for a bone marrow transplant for persons who have been diagnosed with breast cancer that has progressed to metastatic disease; provided, however, that said person shall meet the criteria established by the department of public health. The department of public health shall promulgate rules and regulations establishing criteria for eligibility for coverage hereunder which shall be consistent with medical research protocols reviewed and approved by the National Cancer Institute.
SECTION 94. Section 19 of chapter 32B of the General Laws, as appearing in the 1994 Official Edition, is hereby amended by inserting after the word "pursuant", in line 59, the following word:- to.
SECTION 95. Section 1 of chapter 38 of the General Laws, as so appearing, is hereby amended by striking out, in line 2, the second time they appear, the words "the following".
SECTION 96. Section 59 of chapter 40 of the General Laws, as so appearing, is hereby amended by inserting after the word "designates", in line 9, the following word:- one.
SECTION 97. Section 9 of chapter 40N of the General Laws, as so appearing, is hereby amended by striking out, in lines 115 and 116, the words "or sixty-four, inclusive, or" and inserting in place thereof the following words:- to sixty-four, inclusive, of.
SECTION 98. Section 81Q of chapter 41 of the General Laws, as so appearing, is hereby amended by striking out, in line 84, the word "court," and inserting in place thereof the following word:- court.
SECTION 99. Section 69 of chapter 44 of the General Laws is hereby amended by striking out the first paragraph, as appearing in chapter 273 of the acts of 1996, and inserting in place thereof the following paragraph:-
If a check in payment of a municipal or district service rendered or fee or charge imposed is not duly paid, there may, in addition to any other penalty provided by law, be imposed on the person who tendered such check, upon notice and demand by the city, town or district treasurer, a penalty in the same amount as that imposed under the provisions of section fifty-seven A of chapter sixty.
SECTION 100. Section 70 of said chapter 44, as so appearing, is hereby amended by striking out, in lines 13 and 14, the words "118E of the General Laws" and inserting in place thereof the following words:- one hundred and eighteen E.
SECTION 101. Section 16 of chapter 48 of the General Laws, as so appearing, is hereby amended by striking out, in line 38, the words "public works" and inserting in place thereof the following word:- highways.
SECTION 102. Section 48 of chapter 53 of the General Laws, as so appearing, is hereby amended by striking out, in line 16, the second time it appears, the word "on".
SECTION 103. Section 6 of chapter 54 of the General Laws, as so appearing, is hereby amended by inserting after the word "later", in line 40, the following word:- than.
SECTION 104. Said chapter 54 is hereby further amended by striking out section 62, as so appearing, and inserting in place thereof the following section:-
Section 62. The biennial state election for the choice of the officers to be elected pursuant to sections one hundred and fifty to one hundred and sixty-two, inclusive, shall be held on the Tuesday next after the first Monday in November in every even-numbered year.
SECTION 105. Section 18 of chapter 55 of the General Laws is hereby amended by striking out, in lines 428 to 431, inclusive, as so appearing, the words "established under the provisions of section two D of chapter twenty-nine or the Categorical Grants Fund established under the provisions of section two N of chapter twenty-nine, whichever is in effect".
SECTION 106. Chapter 58 of the General Laws is hereby amended by striking out section 18C, inserted by section 3 of chapter 268 of the acts of 1990, and inserting in place thereof the following section:-
Section 18C. Commencing with fiscal year nineteen hundred and ninety-three and continuing thereafter, the state treasurer shall, subject to appropriation and upon certification of the commissioner, annually distribute the Local Aid Fund including, but not limited to, forty percent of the sales tax, forty percent of the income tax and forty percent of the corporate income tax as well as the balance of the State Lottery Fund, in accordance with the provisions of this section. The distribution shall be made in four equal payments. Said payments shall be made annually, in each fiscal year, on or before September thirtieth, December thirty-first, March thirty-first and June thirtieth.
(1) The amount distributed under this section to any city or town shall not be less than one hundred percent of the sum of the total amounts actually received by such city or town under sections eighteen A and eighteen C of chapter fifty-eight and section thirty-five of chapter ten for the preceding fiscal year, unless the amount credited to the Local Aid Fund in the current fiscal year is less than the amount credited to the Local Aid Fund, as certified by the commissioner in the preceding fiscal year.
(2) In the event that the amount credited to the Local Aid Fund and appropriated to cities and towns in any fiscal year is greater than the amount credited to the Local Aid Fund and appropriated to cities and towns in the preceding fiscal year, the excess shall be distributed to each city and town as determined by the secretary of administration with the advice and consent of the local government advisory committee operating pursuant to section sixty-two of chapter three.
The distribution shall be made such that each city and town shall receive some portion of the excess funds and such that no city or town shall receive less than such city or town received in the previous fiscal year.
(3) In the event that the amount credited to the Local Aid Fund and appropriated in any fiscal year to cities and towns is less than the amount credited to the Local Aid Fund and appropriated to cities and towns in the preceding fiscal year, then such deficiency shall be applied against each city and town, such that the distribution to each city and town in the current fiscal year shall equal the distribution in the previous fiscal year, multiplied by a fraction, the numerator of which shall be the total amount available for distribution in the current year and the denominator of which shall be the total amount distributed in the previous fiscal year.
SECTION 107. Section 59 of chapter 59 of the General Laws, as appearing in the 1994 Official Edition, is hereby amended by striking out, in line 5, the words "the tax is other than a poll tax and".
SECTION 108. Section 15 of chapter 60 of the General Laws, as so appearing, is hereby amended by striking out, in lines 1 and 2, the words "Except as provided in section five and section fifteen A, the" and inserting in place thereof the following word:- The.
SECTION 109. Section 2 of chapter 62 of the General Laws, as so appearing, is hereby amended by striking out, in line 83, the figure "(1)" and inserting in place thereof the following letter:- (I).
SECTION 110. Said section 2 of said chapter 62, as so appearing, is hereby further amended by striking out, in line 94, the letter "(j)" and inserting in place thereof the following letter:- (J).
SECTION 111. Section 40 of chapter 62C of the General Laws, as so appearing, is hereby amended by striking out, in line 26, the word "corporations" and inserting in place thereof the following word:- corporation.
SECTION 112. Said chapter 62C is hereby further amended by striking out section 78, as so appearing.
SECTION 113. Section 84 of said chapter 62C, as so appearing, is hereby amended by striking out, in line 1, the letter "(a)".
SECTION 114. Said chapter 62C is hereby further amended by adding the following section:-
Section 85. The commissioner may provide for the payment of any tax, interest or penalty or the refund or abatement thereof by the electronic transfer of funds. The commissioner may permit the filing of any return or document by electronic data submission. The commissioner may by regulation or otherwise establish procedures necessary to implement this section.
SECTION 115. Chapter 64C of the General Laws is hereby amended by striking out section 7, as so appearing.
SECTION 116. Said chapter 64C is hereby further amended by inserting after section 7B, inserted by section 3 of chapter 203 of the acts of 1996, the following section:-
Section 7C. (a) In addition to the excise imposed by section six, every licensee who is required to file a return under section sixteen of chapter sixty-two C shall, at the time of filing such return, pay to the commissioner an excise equal to twelve and one-half mills for each cigarette so sold during the calendar month covered by the return; provided, however, that cigarettes with respect to which the excise under this section has once been imposed and has not been refunded, if paid, shall not be subject upon a subsequent sale to the excise imposed by this section. In addition to the excise imposed by section six, each unclassified acquirer shall, at the time of filing a return required by said section sixteen of chapter sixty-two C, pay to the commissioner an excise equal to twelve and one-half mills for each cigarette so imported or acquired and held for sale or consumption, and cigarettes with respect to which such excise has been imposed and has not been refunded, if paid, shall not be subject, when subsequently sold, to any further excise under this section. Notwithstanding the provisions of this section, the excise imposed by this section shall equal twenty-five percent of the price paid by such licensee or unclassified acquirer to purchase smokeless tobacco so sold, imported or acquired.
(b) Except as the provisions of this section expressly provide to the contrary, all of the provisions of this chapter and of chapter sixty-two C relative to the assessment, collection, payment, abatement, verification and administration of taxes, including penalties, shall, so far as pertinent, be applicable to the excise imposed by this section.
(c) Notwithstanding the provisions of section twenty-eight, all revenues received pursuant to this section, together with any penalties, forfeitures, interest, costs of suits and fines collected in connection therewith, less all amounts refunded or abated in connection therewith, all as determined by the commissioner of revenue according to his best information and belief, shall be credited to the Health Protection Fund established pursuant to section two GG of chapter twenty-nine.
SECTION 117. Section 13 of chapter 64D of the General Laws, as so appearing, is hereby amended by striking out, in lines 14 and 15, the words "accompanied by copies of the budget for any jail or house of correction in".
SECTION 118. Section 1 of chapter 64H of the General Laws, as so appearing, is hereby amended by striking out, in line 43, the word "vendors" and inserting in place thereof the following word:- vendor.
SECTION 119. Section 6 of said chapter 64H is hereby amended by striking out, in lines 389 and 390, as so appearing, the words "of the General Laws".
SECTION 120. Section 3A of chapter 65C of the General Laws, as so appearing, is hereby amended by striking out, in line 6, the word "spouse," and inserting in place thereof the following word:- spouse.
SECTION 121. Section 1I of chapter 69 of the General Laws, as so appearing, is hereby amended by striking out, in line 97, the words "(i) technology education;".
SECTION 122. Section 34 of chapter 71 of the General Laws, as so appearing, is hereby amended by striking out, in line 12, the words "or her".
SECTION 123. Section 37M of said chapter 71, as so appearing, is hereby amended by striking out, in line 9, the word "not" and inserting in place thereof the following word:- no.
SECTION 124. Section 38G of said chapter 71 is hereby amended by striking out, in lines 41 and 42, as so appearing, the word "certificate.;" and inserting in place thereof the following word:- certificate.
SECTION 125. Said section 38G of said chapter 71 is hereby further amended by striking out, in line 114, as so appearing, the word "A" and inserting in place thereof the following word:- a.
SECTION 126. Said section 38G of said chapter 71 is hereby further amended by striking out, in line 255, as so appearing, the word "proceeding" and inserting in place thereof the following word:- preceding.
SECTION 127. Section 41 of said chapter 71 is hereby amended by striking out the first paragraph, as most recently amended by chapter 99 of the acts of 1996, and inserting in place thereof the following paragraph:-
For the purposes of this section, a teacher, school librarian, school adjustment counselor, school social worker or school psychologist who has served in the public schools of a school district for the three previous consecutive school years shall be considered a teacher, and shall be entitled to professional teacher status as provided in section forty-two. The superintendent of said district, upon the recommendation of the principal, may award such status to any teacher who has served in the principal's school for not less than one year or to a teacher who has obtained such status in any other public school district in the commonwealth. A teacher without professional teacher status shall be notified in writing on or before June fifteenth whenever such person is not to be employed for the following school year. Unless such notice is given as herein provided, a teacher without such status shall be deemed to be appointed for the following school year.
SECTION 128. Chapter 71B of the General Laws is hereby amended by striking out section 1, as so appearing, and inserting in place thereof the following section:-
Section 1. The following words as used in this chapter shall have the following meanings, unless the context clearly requires otherwise:
"Department", the department of education.
"Least restrictive environment", the educational placement that assures that, to the maximum extent appropriate, children with special needs, including children in public or private institutions or other care facilities, are educated with children who do not have special needs and that special classes, separate schooling or other removal of children with special needs from the regular educational environment occurs only when the nature or severity of the special needs is such that education in regular classes with the use of supplementary aids and services cannot be achieved satisfactorily.
"Regular education", the school program and pupil assignment which normally leads to college preparatory or technical education or to a career.
"School age child", any person of ages three through twenty-one who has not attained a high school diploma or its equivalent.
"School age child with special needs", a school age child who, because of a disability consisting of a developmental delay or any intellectual, sensory, neurological, emotional, communication, physical, specific learning or health impairment or combination thereof, is unable to progress effectively in regular education and requires special education services in order to successfully develop the child's individual educational potential; provided, however, that no child shall be determined to be a student with special needs solely because such child's behavior violates the school's disciplinary code; and, provided further, that use of the word disability in this section shall not be used to provide a basis for labeling or stigmatizing the child or defining the needs of the child and shall in no way limit the services, programs, and integration opportunities provided to such child.
"School age child requiring special education", a child with special needs who requires special education as determined in accordance with the regulations set forth by the department.
"Special education", educational programs and assignments, namely, special classes, programs or services designed to develop the educational potential of children with special needs including, but not limited to, educational placements of children by school committees, the departments of public health, mental health, mental retardation and youth services and the department of social services in accordance with the regulations of the department of education.
SECTION 129. Section 17 of chapter 73 of the General Laws, as so appearing, is hereby amended by striking out, in line 2, the word "college" and inserting in place thereof the following word:- college;.
SECTION 130. Section 11A of chapter 75 of the General Laws, as so appearing, is hereby amended by striking out, in line 8, the first time it appears, the word "a" and inserting in place thereof the following word:- an.
SECTION 131. Section 40 of said chapter 75, as so appearing, is hereby amended by striking out, in line 1, the word "marine" and inserting in place thereof the following word:- Marine.
SECTION 132. Section 15 of chapter 83 of the General Laws, as so appearing, is hereby amended by striking out, in lines 9 and 10, the words "or according to the area of such land within a fixed depth from such way,".
SECTION 133. Section 30A of chapter 85 of the General Laws, as so appearing, is hereby amended by striking out, in line 32, the words "public works" and inserting in place thereof the following word:- highways.
SECTION 134. Section 1 of chapter 89 of the General Laws, as so appearing, is hereby amended by striking out, in line 2, the word "seasonably" and inserting in place thereof the following word:- reasonably.
SECTION 135. Section 8G of chapter 90 of the General Laws, as so appearing, is hereby amended by striking out, in lines 1 and 2, the words "this act" and inserting in place thereof the following words:- section eight E.
SECTION 136. Section 19 of said chapter 90 is hereby amended by striking out, in line 7, as so appearing, the word "moter" and inserting in place thereof the following word:- motor.
SECTION 137. Section 24 of said chapter 90 is hereby amended by striking out, in line 800, as so appearing, the words "subparagraphs (a) or (a>)" and inserting in place thereof the following words:- paragraph (a) or paragraph (a>).
SECTION 138. Subparagraph (2) of paragraph (f) of subdivision (1) of said section 24 of said chapter 90 is hereby amended by striking out clause (iii), as amended by section 113 of chapter 38 of the acts of 1995, and inserting in place thereof the following clause:-
(iii) issue to each such person who refuses such test, on behalf of the registrar, a temporary driving permit, unless: (1) driving privileges of the person were suspended, revoked or canceled at the time the person was arrested; (2) the person whose license was taken into custody was operating on an invalid license; (3) the person was not entitled to driving privileges at the time of the arrest for any other reason; or (4) the person holds a license or permit granting driving privileges that was issued by another state or jurisdiction. Police officers, cities, towns and other public employers shall not be civilly liable for any injury or loss of property or personal injury or death which may result from or be connected with any act in issuing a temporary driving permit under this section.
SECTION 139. Section 7 of chapter 90F of the General Laws, as appearing in the 1994 Official Edition, is hereby amended by striking out the first paragraph and inserting in place thereof the following paragraph:-
The application for a license to operate a commercial vehicle or for a learner's permit to operate a commercial vehicle shall include the following:
(1) the full name and current mailing and residential addresses of the applicant;
(2) a physical description of the applicant, including sex, height, weight and eye and hair color;
(3) date of birth of the applicant;
(4) the applicant's Social Security number;
(5) the signature of the applicant;
(6) a photograph of the applicant;
(7) certifications, including those required by 49 CFR 383.71 (a);
(8) consent of the applicant to release driving record information; and
(9) any other information required by the registrar.
The application shall be accompanied by the application fee required by the provisions of section thirty-three of chapter ninety.
SECTION 140. Section 6 of chapter 92B of the General Laws, as so appearing, is hereby amended by striking out, in line 3, the word "maintain" and inserting in place thereof the following word:- maintain,.
SECTION 141. Section 156 of chapter 94 of the General Laws, as so appearing, is hereby amended by striking out, in lines 149 and 150, the words "has provides," and inserting in place thereof the following word:- provides.
SECTION 142. Said chapter 94 is hereby further amended by striking out section 307A, inserted by section 1 of chapter 234 of the acts of 1996, and inserting in place thereof the following section:-
Section 307B. For the purpose of protecting the public health, any manufacturer of cigarettes, snuff or chewing tobacco sold in the commonwealth shall provide the department of public health with an annual report, in a form and at a time specified by that department, which lists for each brand of such product sold the following information:
(a) The identity of any added constituent other than tobacco, water or reconstituted tobacco sheet made wholly from tobacco, to be listed in descending order according to weight, measure, or numerical count; and
(b) The nicotine yield ratings, which shall accurately predict nicotine intake for average consumers, based on standards to be established by the department of public health.
The nicotine yield ratings so provided, and any other such information in the annual reports with respect to which the department determines that there is a reasonable scientific basis for concluding that the availability of such information could reduce risks to public health, shall be public records; provided, however, that before any public disclosure of such information the department shall request the advice of the attorney general whether such disclosure would constitute an unconstitutional taking of property, and shall not disclose such information unless and until the attorney general advises that such disclosure would not constitute an unconstitutional taking.
This section shall not require a manufacturer, in its report to the department or otherwise, to identify or disclose the specific amount of any ingredient that has been approved by the Food and Drug Administration, Public Health Service, United States Department of Health and Human Services ("FDA"), or its successor agency, as safe when burned and inhaled or that has been designated by the FDA, or its successor agency, as generally recognized as safe when burned and inhaled, according to the Generally Recognized As Safe list of the FDA.
SECTION 143. Section 23 of chapter 94C of the General Laws, as appearing in the 1994 Official Edition, is hereby amended by striking out, in line 24, the word "Clinic" and inserting in place thereof the following word:- (h) Clinic.
SECTION 144. Said section 23 of said chapter 94C, as so appearing, is hereby further amended by striking out, in line 25, the figure "176G" and inserting in place thereof the following words:- one hundred and seventy-six G.
SECTION 145. Section 47 of said chapter 94C is hereby amended by striking out, in line 190, as so appearing, the words "said section" and inserting in place thereof the following word:- subsection.
SECTION 146. Section 2 of chapter 94D of the General Laws, as so appearing, is hereby amended by striking out, in lines 19 and 20, the word "distributer" and inserting in place thereof the following word:- distributor.
SECTION 147. Section 1 of chapter 100 of the General Laws, as so appearing, is hereby amended by striking out, in line 22, the word "designed" and inserting in place thereof the following word:- designated.
SECTION 148. Section 9 of said chapter 100, as so appearing, is hereby amended by striking out, in line 41, the second time it appears, the word "or".
SECTION 149. Said section 9 of said chapter 100, as so appearing, is hereby further amended by striking out, in line 42, the word "goods" and inserting in place thereof the following words:- goods; or.
SECTION 150. Section 202 of chapter 110A of the General Laws, as so appearing, is hereby amended by striking out, in line 52, the letter "(e)", and inserting in place thereof the following letter:- (f).
SECTION 151. Section 204 of said chapter 110A, as so appearing, is hereby amended by striking out, in line 115, the words "to revoke" and inserting in place thereof the following word:- is.
SECTION 152. Section 197B of chapter 111 of the General Laws is hereby amended by striking out, in line 21, as so appearing, the word ", but" and inserting in place thereof the following word:- but.
SECTION 153. Section 12CC of chapter 112 of the General Laws, as so appearing, is hereby amended by striking out, in line 5, the word "patients" and inserting in place thereof the following word:- patient's.
SECTION 154. Section 23E of said chapter 112, as so appearing, is hereby amended by striking out, in line 4, the words "licensed or:" and inserting in place thereof the following words:- licensed, or.
SECTION 155. Section 68 of said chapter 112, as so appearing, is hereby amended by striking out, in line 40, the word "Supervised" and inserting in place thereof the following word:- supervised.
SECTION 156. Section 4 of chapter 115A of the General Laws, as so appearing, is hereby amended by striking out, in line 2, the word "county" and inserting in place thereof the following word:- country.
SECTION 157. Chapter 118E of the General Laws is hereby amended by striking out section 24, as so appearing, and inserting in place thereof the following section:-
Section 23A. A treasurer of a savings bank, national bank, trust company, cooperative bank, benefit association, insurance company or safe deposit company authorized to do business in the commonwealth who, upon written request signed by an authorized employee or agent of the division, unreasonably refuses to inform such employee or agent of the amount deposited in the corporation or association to the credit of a person named in such request as a charge upon the commonwealth, or as an applicant to the commonwealth for medical assistance under this chapter, or who willfully renders false information in reply to such request, shall forfeit fifty dollars to the use of the commonwealth. Upon such request, a treasurer, as aforesaid, shall furnish the records on deposits and withdrawals during the past five years concerning any applicant for or recipient of medical assistance under this chapter to any authorized employee or agent of the division.
SECTION 158. Subsection (a) of section 31 of said chapter 118E, as appearing in section 133 of chapter 38 of the acts of 1995, is hereby amended by striking out clause (2) and inserting in place thereof the following clause:-
(2) Recovery from Persons Age 65 and Over: From the estate of an individual who was sixty-five years of age or older when such individual received such assistance. Any recovery may be made only after the death of the surviving spouse, if any, and only at a time when such individual has no surviving child who is under age twenty-one or is blind or permanently and totally disabled. The division shall waive recovery where it would result in undue hardship, as defined by the division in its regulations.
SECTION 159. Section 24 of chapter 119 of the General Laws, as appearing in the 1994 Official Edition, is hereby amended by striking out, in line 1, the word "The", the first time it appears.
SECTION 160. Section 51B of said chapter 119 is hereby amended by striking out, in line 94, as so appearing, the word "department;", the first time it appears, and inserting in place thereof the following word:- department.
SECTION 161. Said section 51B of said chapter 119 is hereby further amended by striking out, in line 103, as so appearing, the word "department." and inserting in place thereof the following word:- department;.
SECTION 162. Section 63 of said chapter 119 is hereby amended by striking out, in lines 2 and 4, as so appearing, the words "waywardness or", each time they appear.
SECTION 163. Section 64 of said chapter 119 is hereby amended by striking out, in line 2, as so appearing, the words "wayward and".
SECTION 164. Section 84 of said chapter 119, as so appearing, is hereby amended by striking out, in line 25, the word "training;," and inserting in place thereof the following word:- training,.
SECTION 165. Section 12 of chapter 119A of the General Laws, as so appearing, is hereby amended by striking out, in line 12, the word "twenty-eight A" and inserting in place thereof the following word:- twenty-eight.
SECTION 166. Said section 12 of said chapter 119A, as so appearing, is hereby further amended by striking out, in line 17, the word "public" and inserting in place thereof the following word:- transitional.
SECTION 167. Said section 12 of said chapter 119A is hereby further amended by striking out, in line 49, as so appearing, the words "public welfare" and inserting in place thereof the following words:- transitional assistance.
SECTION 168. Section 13 of said chapter 119A, as so appearing, is hereby amended by striking out, in line 12, the word "chapters" and inserting in place thereof the following word:- chapter.
SECTION 169. Section 14 of said chapter 119A is hereby amended by striking out, in line 83, as so appearing, the words "one hundred dollars for each such violation" and inserting in place thereof the following words:- five hundred dollars for the first violation and one thousand dollars for each subsequent violation.
SECTION 170. Subsection (d) of said section 13 of said chapter 119A is hereby amended by striking out the words "and two hundred and seventy-nine D", as inserted by section 68 of chapter 5 of the acts of 1995, and inserting in place thereof the following words:- and two hundred and nine D.
SECTION 171. Section 3 of chapter 127 of the General Laws, as appearing in the 1994 Official Edition, is hereby amended by inserting after the word "hundred", in line 14, the following word:- and.
SECTION 172. Section 130A of said chapter 127, as so appearing, is hereby amended by striking out, in line 7, the word "parole", the first time it appears, and inserting in place thereof the following word:- parole;.
SECTION 173. Section 7 of chapter 128A of the General Laws, as so appearing, is hereby amended by striking out, in line 1, the word "steward" and inserting in place thereof the following word:- stewards.
SECTION 174. The first paragraph of section 7 of chapter 128C of the General Laws, as appearing in section 7 of chapter 268 of the acts of 1995, is hereby amended by striking out the second sentence and inserting in place thereof the following sentence:- For purposes of this section, the words "in a humane manner" shall mean by means of euthanasia by lethal injection, or by such other standard of humane killing as may be established by the American Veterinary Association.
SECTION 175. Section 82 of chapter 131 of the General Laws, as appearing in the 1994 Official Edition, is hereby amended by striking out, in line 21, the words "and members of the metropolitan district commission police".
SECTION 176. Section 89 of said chapter 131, as so appearing, is hereby amended by adding the following sentence:- Whenever seizure, and confiscation or forfeiture is authorized by any provision of this chapter, unless another procedure is therein indicated, such seizure, confiscation or forfeiture shall be conducted in accordance with the provisions of chapter two hundred and fifty-seven.
SECTION 177. Section 90 of said chapter 131, as so appearing, is hereby amended by striking out, in line 41, the word ", by" and inserting in place thereof the following word:- by.
SECTION 178. Section 5 of chapter 131A of the General Laws, as so appearing, is hereby amended by striking out, in line 77, the word "subparagraph" and inserting in place thereof the following word:- paragraph.
SECTION 179. Section 47 of chapter 132 of the General Laws, as so appearing, is hereby amended by striking out, in line 1, the word "fifty-one" and inserting in place thereof the following word:- fifty.
SECTION 180. Section 49 of said chapter 132, as so appearing, is hereby amended by striking out, in line 12, the word "fifty-one" and inserting in place thereof the following word:- fifty.
SECTION 181. Chapter 140 of the General Laws, as so appearing, is hereby amended by striking out the caption "RECREATIONAL CAMPS, OVERNIGHT CAMPS OR CABINS, MOTELS AND MOBILE HOME PARKS", preceding section 32A, and inserting in place thereof the following caption:- RECREATIONAL CAMPS, OVERNIGHT CAMPS OR CABINS, MOTELS AND MANUFACTURED HOUSING COMMUNITIES.
SECTION 182. Section 173A of said chapter 140, as so appearing, is hereby amended by striking out, in line 9, the word "calander" and inserting in place thereof the following word:- calendar.
SECTION 183. Section 18 of chapter 142A of the General Laws, as so appearing, is hereby amended by striking out, in line 1, the letter "(a)".
SECTION 184. Section 21 of said chapter 142A, as so appearing, is hereby amended by striking out, in line 3, the word "ninety-four I" and inserting in place thereof the following word:- ninety-four.
SECTION 185. Section 38C of chapter 148 of the General Laws, as so appearing, is hereby amended by striking out, in line 13, the number "1.100" and inserting in place thereof the following words:- one thousand and one hundred.
SECTION 186. Section 44F of chapter 149 of the General Laws is hereby amended by striking out, in line 8, as so appearing, the word "calking" and inserting in place thereof the following word:- caulking.
SECTION 187. Section 113 of said chapter 149, as so appearing, is hereby amended by striking out, in lines 14 and 16, the word "commissioner", each time it appears, and inserting in place thereof, in each instance, the following words:- attorney general.
SECTION 188. Section 6 of chapter 150 of the General Laws, as so appearing, is hereby amended by striking out, in line 8, the word "be".
SECTION 189. Said section 6 of said chapter 150, as so appearing, is hereby amended by striking out the last four sentences and inserting in place thereof the following paragraph:-
The application shall contain a concise statement of the existing controversy and a promise to continue in business or at work without any lockout or strike until the decision of the board, if made within three weeks after the date of filing the application. The board shall forthwith, after such filing, cause public notice to be given of the time and place for a hearing on the application, unless both parties join in the application and present therewith a written request that no public notice be given. If such request is made, notice of the hearings shall be given to the parties in such manner as the board may order, and the board may give public notice thereof, notwithstanding such request. If the petitioner or petitioners fail to perform the promise made in the application, the board shall proceed no further thereon without the written consent of the adverse party.
SECTION 190. Section 14A of chapter 151A of the General Laws, as so appearing, is hereby amended by striking out, in line 227, the words "unemployment compensation fund" and inserting in place thereof the following words:- Unemployment Compensation Fund.
SECTION 191. Section 29D of said chapter 151A, as so appearing, is hereby amended by striking out, in line 31, the word "director" and inserting in place thereof the following word:- commissioner.
SECTION 192. Section 13A of chapter 152 of the General Laws, as so appearing, is hereby amended by striking out, in line 64, the word "judge," and inserting in place thereof the following word:- judge.
SECTION 193. Section 25A of said chapter 152, as so appearing, is hereby amended by striking out, in line 58, the word "By" and inserting in place thereof the following word:- (b) By.
SECTION 194. Section 47 of said chapter 152 is hereby amended by striking out the words "or two hundred and seventy-nine D", inserted by section 77 of chapter 5 of the acts of 1995, and inserting in place thereof the following words:- or two hundred and nine D.
SECTION 195. Section 65 of said chapter 152, as appearing in the 1994 Official Edition, is hereby amended by striking out, in line 246, the word "Worker's" and inserting in place thereof the following word:- Workers'.
SECTION 196. Section 65 of chapter 156B of the General Laws, as so appearing, is hereby amended by striking out, in line 14, the word "officer," and inserting in place thereof the following word:- officer.
SECTION 197. Section 6B of chapter 159B of the General Laws, as so appearing, is hereby amended by striking out, in line 33, the words "and section six C".
SECTION 198. Section 14A of said chapter 159B, as so appearing, is hereby amended by striking out, in lines 9 and 10, the words "or investigator or examiner or registry of motor vehicles personnel with police powers".
SECTION 199. Section 6 of chapter 161A of the General Laws, as so appearing, is hereby amended by striking out, in line 5, the word "coterminus" and inserting in place thereof the following word:- coterminous.
SECTION 200. The definition of "Cogeneration facility" in section 1 of chapter 164 of the General Laws, as so appearing, is hereby amended by adding the following sentence:- A cogeneration facility shall also include any electric generating unit having a power production capacity which, together with any other facilities located at the same site, is not greater than thirty megawatts and which produces electric energy and steam or other form of useful energy utilized for industrial, commercial, heating or cooling purposes that is within the confines of an industrial park, which park existed prior to March first, nineteen hundred and eighty-two and, in which park there existed, as of said date, electrical generating capacity of more than fifteen megawatts, and in which park there existed, since said date, a cogeneration facility, as defined herein, or a small power production facility.
SECTION 201. Said section 1 of said chapter 164, as so appearing, is hereby further amended by striking out the last sentence.
SECTION 202. Section 69L of said chapter 164, as so appearing, is hereby amended by striking out, in line 2, the word "an" and inserting in place thereof the following word:- a.
SECTION 203. Said section 69L of said chapter 164, as so appearing, is hereby further amended by striking out, in line 61, the word "An" and inserting in place thereof the following word:- A.
SECTION 204. Section 69M of said chapter 164, as so appearing, is hereby amended by striking out, in lines 1 and 16, the word "an", each time it appears, and inserting in place thereof, in each instance, the following word:- a.
SECTION 205. Section 69N of said chapter 164, as so appearing, is hereby amended by striking out, in line 1, the word "an" and inserting in place thereof the following word:- a.
SECTION 206. Section 14 of chapter 167E of the General Laws, as so appearing, is hereby amended by striking out, in line 151, the letter "(D)" and inserting in place thereof the following letter:- D.
SECTION 207. Section 26B of chapter 170 of the General Laws is hereby amended by striking out, in line 28, as so appearing, the word "forty-seven" and inserting in place thereof the following word:- twenty-four.
SECTION 208. Chapter 175 of the General Laws is hereby amended by striking out section 47M, inserted by section 1 of chapter 458 of the acts of 1993.
SECTION 209. Said chapter 175 is hereby further amended by striking out section 47Q, inserted by section 2 of chapter 284 of the acts of 1994.
SECTION 210. Said chapter 175 is hereby further amended by inserting after section 47Q, as appearing in the 1994 Official Edition, the following two sections:-
Section 47R. Any individual policy of accident and sickness insurance issued pursuant to section one hundred and eight, and any group blanket policy of accident and sickness insurance issued pursuant to section one hundred and ten, shall provide coverage for a bone marrow transplant or transplants for persons who have been diagnosed with breast cancer that has progressed to metastatic disease; provided, however, that said person shall meet the criteria established by the department of public health. The department of public health shall promulgate rules and regulations establishing criteria for eligibility for coverage hereunder which shall be consistent with medical research protocols reviewed and approved by the National Cancer Institute.
Section 47S. Any individual policy of accident and sickness insurance issued pursuant to section one hundred and eight, and any group blanket policy of accident and sickness insurance issued pursuant to section one hundred and ten, shall provide coverage for licensed hospice services to terminally ill patients with a life expectancy of six months or less, as set forth and regulated by the provisions of section fifty-seven D of chapter one hundred and eleven and as authorized by a duly licensed physician.
SECTION 211. Section 54E of said chapter 175, as appearing in the 1994 Official Edition, is hereby amended by striking out, in line 4, the word "commissioner," and inserting in place thereof the following word:- commissioner.
SECTION 212. Section 54F of said chapter 175, as so appearing, is hereby amended by striking out, in line 4, the word "commissioner," and inserting in place thereof the following word:- commissioner.
SECTION 213. Section 85A of said chapter 175, as so appearing, is hereby amended by striking out, in line 3, the word "nor" and inserting in place thereof the following word:- not.
SECTION 214. Section 5C of chapter 175A of the General Laws, as so appearing, is hereby amended by striking out, in lines 395 and 396, 525 and 526, 604 and in lines 610 and 611, in each instance, the words "of the General Laws".
SECTION 215. Said section 5C of said chapter 175A, as so appearing, is hereby further amended by striking out, in line 304, the word "Commonwealth" and inserting in place thereof the following word:- commonwealth.
SECTION 216. Section 17 of chapter 175I of the General Laws, as so appearing, is hereby amended by striking out, in line 26, the word "alter" and inserting in place thereof the following word:- alter,.
SECTION 217. Section 5 of chapter 176A of the General Laws, as so appearing, is hereby amended by striking out, in lines 5, 163 and 174, the word "non-profit", each time it appears, and inserting in place thereof, in each instance, the following word:- nonprofit.
SECTION 218. Said section 5 of said chapter 176A, as so appearing, is hereby further amended by striking out, in lines 100, 115, 134, 144, 157, 161, 163, 174 and 175, the word "nonacute", each time it appears, and inserting in place thereof, in each instance, the following word:- non-acute.
SECTION 219. Said chapter 176A is hereby further amended by striking out section 8 O, inserted by section 144 of chapter 60 of the acts of 1994.
SECTION 220. Said chapter 176A is hereby further amended by striking out section 8P, inserted by section 3 of chapter 284 of the acts of 1994.
SECTION 221. Said chapter 176A is hereby further amended by striking out section 8P, inserted by section 4 of chapter 302 of the acts of 1994.
SECTION 222. Said chapter 176A is hereby further amended by inserting after section 8P, as appearing in the 1994 Official Edition, the following three sections:-
Section 8Q. Any contract between a subscriber and the corporation under an individual or group hospital service plan that shall be delivered, issued or renewed in the commonwealth which provides coverage for prescription drugs shall provide as benefits to all individual subscribers and members within the commonwealth and to all group members having a coverage for off-label uses of prescription drugs used in the treatment of HIV/AIDS as set forth in sections forty-seven O and forty-seven P of chapter one hundred and seventy-five.
Section 8R. Any contract between a subscriber and the corporation under an individual or group hospital service plan that shall be delivered, issued or renewed in the commonwealth shall provide, as benefits to all individual subscribers and members within the commonwealth and to all group members having a principal place of employment within the commonwealth, coverage for licensed hospice services for terminally ill patients with a life expectancy of six months or less, as set forth and regulated by the provisions of section fifty-seven D of chapter one hundred and eleven and as authorized by a duly licensed physician.
Section 8S. Any contract between a subscriber and the corporation under an individual or group hospital service plan delivered, issued or renewed in the commonwealth shall provide, as benefits to all individual subscribers and members within the commonwealth and to all group members having a principal place of employment within the commonwealth for services rendered by a certified registered nurse anesthetist or nurse practitioner designated as such certified registered nurse anesthetist or nurse practitioner by the board of registration in nursing pursuant to the provisions of section eighty B of chapter one hundred and twelve; provided, however, that the following conditions are met: (1) the service rendered is within the scope of the certified registered nurse anesthetist's license or nurse practitioner's authorization to practice by the board of registration in nursing; and (2) the policy or contract currently provides benefits for identical services rendered by a provider of health care licensed by the commonwealth.
SECTION 223. Section 1 of chapter 176J of the General Laws is hereby amended by striking out, in line 179, as appearing in the 1994 Official Edition, the word "subdivisions" and inserting in place thereof the following word:- subdivision.
SECTION 224. Section 17 of chapter 181 of the General Laws is hereby amended by striking out, in line 12, as so appearing, the word "changes" and inserting in place thereof the following word:- charges.
SECTION 225. Section 63 of chapter 183 of the General Laws, as so appearing, is hereby amended by striking out, in line 36, the word "mortgage" and inserting in place thereof the following word:- mortgagee.
SECTION 226. Section 6 of chapter 183A of the General Laws, as so appearing, is hereby amended by striking out, in line 141, the word "Futhermore" and inserting in place thereof the following word:- Furthermore.
SECTION 227. Section 10 of said chapter 183A, as so appearing, is hereby amended by striking out, in line 61, the word "units" and inserting in place thereof the following word:- unit.
SECTION 228. Section 4 of chapter 185C of the General Laws, as so appearing, is hereby amended by striking out, in line 4, the second time it appears, the word "and".
SECTION 229. Section 1A of chapter 188 of the General Laws, as so appearing, is hereby amended by striking out, in line 21, the word "on" and inserting in place thereof the following word:- in.
SECTION 230. Section 16 of chapter 195 of the General Laws, as so appearing, is hereby amended by striking out, in lines 14 and 15, the words "department of public welfare" and inserting in place thereof the following words:- division of medical assistance.
SECTION 231. Section 14 of chapter 201 of the General Laws is hereby amended by striking out, in line 31, as so appearing, the word "however" and inserting in place thereof the following word:- however,.
SECTION 232. Section 1 of chapter 209A of the General Laws is hereby amended by striking out, in line 17, as so appearing, the word "or" and inserting in place thereof the following word:- of.
SECTION 233. Section 3C of said chapter 209A, as so appearing, is hereby amended by striking out, in line 3, the words "3B of this chapter" and inserting in place thereof the following word:- three B.
SECTION 234. Section 19 of chapter 209C of the General Laws is hereby amended by striking out, in line 3, as so appearing, the word "fourteen" and inserting in place thereof the following word:- fifteen.
SECTION 235. Section 2 of chapter 211B of the General Laws, as so appearing, is hereby amended by striking out, in line 22, the word "departments" and inserting in place thereof the following word:- department.
SECTION 236. Section 9 of said chapter 211B, as so appearing, is hereby amended by striking out, in line 210, the word "standards." and inserting in place thereof the following word:- standards;.
SECTION 237. Said section 9 of said chapter 211B, as so appearing, is hereby further amended by striking out, in line 245, the word "commonwealth." and inserting in place thereof the following word:- commonwealth;.
SECTION 238. Said section 9 of said chapter 211B, as so appearing, is hereby further amended by striking out, in line 266, the word "The" and inserting in place thereof the following word:- the.
SECTION 239. Said section 9 of said chapter 211B, as so appearing, is hereby further amended by striking out, in line 272, the word "court." and inserting in place thereof the following word:- court;.
SECTION 240. Said section 9 of said chapter 211B, as so appearing, is hereby further amended by striking out, in line 273, the word "The" and inserting in place thereof the following word:- the.
SECTION 241. Section 13 of said chapter 211B, as so appearing, is hereby amended by striking out, in line 1, the second time it appears, the word "justice".
SECTION 242. Section 4 of chapter 215 of the General Laws is hereby amended by striking out the words "two hundred and seventy-nine D", inserted by section 88 of chapter 5 of the acts of 1995, and inserting in place thereof the following words:- two hundred and nine D.
SECTION 243. Section 1 of chapter 218 of the General Laws, as appearing in the 1994 Official Edition, is hereby amended by striking out, in line 80, the second time it appears, the word "Ipswich" and inserting in place thereof the following word:- Ipswich,.
SECTION 244. Section 26 of said chapter 218 is hereby amended by striking out the words "sections fifteen A and thirteen K", as inserted by section 3 of chapter 297 of the acts of 1995, and inserting in place thereof the following words:- sections thirteen K, fifteen A and twenty-one A.
SECTION 245. Section 59H of chapter 231 of the General Laws, as so appearing, is hereby amended by striking out, in line 8, the second time it appears, and in line 10, the word "that".
SECTION 246. Section 85S of said chapter 231, as so appearing, is hereby amended by striking out, in line 8, the word "requries" and inserting in place thereof the following word:- requires.
SECTION 247. Chapter 233 of the General Laws is hereby amended by striking out section 23E, inserted by section 1 of chapter 477 of the acts of 1993.
SECTION 248. Said chapter 233 is hereby further amended by inserting after section 23E, inserted by section 1 of chapter 352 of the acts of 1994, the following section:-
Section 23F. In the trial of criminal cases charging the use of force against another where the issue of defense of self or another, defense of duress or coercion, or accidental harm is asserted, a defendant shall be permitted to introduce either or both of the following in establishing the reasonableness of the defendant's apprehension that death or serious bodily injury was imminent, the reasonableness of the defendant's belief that he had availed himself of all available means to avoid physical combat or the reasonableness of a defendant's perception of the amount of force necessary to deal with the perceived threat:
(a) evidence that the defendant is or has been the victim of acts of physical, sexual or psychological harm or abuse;
(b) evidence by expert testimony regarding the common pattern in abusive relationships; the nature and effects of physical, sexual or psychological abuse and typical responses thereto, including how those effects relate to the perception of the imminent nature of the threat of death or serious bodily harm; the relevant facts and circumstances which form the basis for such opinion; and evidence whether the defendant displayed characteristics common to victims of abuse.
Nothing in this section shall be interpreted to preclude the introduction of evidence or expert testimony as described in clause (a) or (b) in any civil or criminal action where such evidence or expert testimony is otherwise now admissible.
SECTION 249. The third paragraph of section 12G of chapter 255 of the General Laws, as appearing in the 1994 Official Edition, is hereby amended by adding the following sentence:- No group involuntary unemployment insurance policy shall have a waiting period in excess of thirty-one days.
SECTION 250. The third paragraph of subsection C of section 26 of chapter 255D of the General Laws, as so appearing, is hereby amended by adding the following sentence:- No group involuntary unemployment insurance policy shall have a waiting period in excess of thirty-one days.
SECTION 251. Chapter 258B of the General Laws is hereby amended by striking out section 1, as most recently amended by section 4 of chapter 24 of the acts of 1995, and inserting in place thereof the following section:-
Section 1. As used in this chapter, the following words shall have the following meanings, unless the context otherwise requires:-
"Board", the victim and witness assistance board as established in section four.
"Court", a forum established under the General Laws for the adjudication of criminal and delinquency complaints, indictments and civil motor vehicle infractions.
"Crime", an act committed in the commonwealth which would constitute a crime if committed by a competent adult including any act which may result in an adjudication of delinquency.
"Disposition", the sentencing or determination of penalty or punishment to be imposed upon a person convicted of a crime or found delinquent or against whom a finding of sufficient facts for conviction or finding of delinquency is made.
"Family member", a spouse, child, stepchild, sibling, parent, stepparent, dependent, as defined in section one of chapter two hundred and fifty-eight C, or legal guardian of a victim, unless such family member has been charged in relation to the crime against the victim.
"Prosecutor", the attorney general, assistant attorneys general, district attorney, assistant district attorneys, police prosecutors, other attorneys specially appointed to aid in the prosecution of a case, law students approved for practice pursuant to and acting as authorized by the rules of the supreme judicial court, or any other person acting on behalf of the commonwealth, including victim-witness advocates.
"Restitution", money or services which a court orders a defendant to pay or render to a victim as part of the disposition.
"Victim", any natural person who suffers direct or threatened physical, emotional, or financial harm as the result of the commission or attempted commission of a crime or delinquency offense, as demonstrated by the issuance of a complaint or indictment, the family members of such person if the person is a minor, incompetent or deceased, and, for relevant provisions of this chapter, a person who is the subject of a case reported to a prosecutor pursuant to section eighteen of chapter nineteen A, sections five and nine of chapter nineteen C, and section fifty-one B of chapter one hundred and nineteen, and the family members of such person if the person is a minor, incompetent or deceased.
"Victim-witness advocate", an individual employed by a prosecutor, the board, or other criminal justice agency to provide necessary and essential services in carrying out policies and procedures under this chapter.
"Witness", any person who has been or is expected to be summoned to testify for the prosecution whether or not any action or proceeding has yet been commenced.
SECTION 252. Section 21 of chapter 260 of the General Laws, as appearing in the 1994 Official Edition, is hereby amended by striking out, in lines 5 and 6, the words ", except as hereinafter provided".
SECTION 253. Section 80 of chapter 276 of the General Laws, as so appearing, is hereby amended by striking out, in line 8, the word "banks" and inserting in place thereof the following word:- bank.
SECTION 254. Chapter 278 of the General Laws is hereby amended by striking out section 29D, as so appearing, and inserting in place thereof the following section:-
Section 29D. The court shall not accept a plea of guilty or nolo contendere from any defendant in any criminal proceeding unless the court advises such defendant of the following: "If you are not a citizen of the United States, you are hereby advised that conviction of the offense for which you have been charged may have the consequences of deportation, exclusion from admission to the United States, or denial of naturalization, pursuant to the laws of the United States." The defendant shall not be required at the time of the plea to disclose to the court his legal status in the United States.
If the court fails so to advise the defendant, and he later at any time shows that his plea and conviction may have one of the enumerated consequences, the court, on the defendant's motion, shall vacate the judgment, and permit the defendant to withdraw the plea of guilty or nolo contendere, and enter a plea of not guilty. Absent a record that the court provided the advisement required by this section, the defendant shall be presumed not to have received the required advisement.
SECTION 255. Chapter 212 of the acts of 1975 is hereby amended by striking out section 8E, inserted by section 4 of chapter 498 of the acts of 1993, and inserting in place thereof the following section:-
Section 8F. The Bank may provide by resolution for the issuance from time to time of debt obligations of the Bank for any of its corporate purposes, provided, however, that the Bank shall not issue debt obligations the principal amount of which, when added to the principal amount of debt obligations issued by the Bank and then outstanding, excluding debt obligations previously refunded or being or to be refunded thereby, shall not exceed two hundred and fifty million dollars, two hundred million dollars of which shall be for the exclusive use of the Devens project, so-called. All such debt obligations shall be negotiable for all purposes without regard to any other law, subject only to the provisions of any such debt obligations for registration; provided, however, that notwithstanding the provisions of any general or special law to the contrary, no debt obligations may be issued by the Bank for the purposes of the Devens project without (a) the prior approval of the General Court by a two-thirds majority pursuant to section three of article LXII of the Articles of Amendment to the Constitution; (b) the prior approval of a Reuse Plan and Bylaws by the commissioner of the division of capital planning and operations and the directors of the Bank; and (c) the prior adoption of said Reuse Plan and Bylaws by the towns of Ayer, Harvard and Shirley. Debt obligations issued hereunder may be secured by the full faith and credit of the Bank, by a pledge of any revenues, receipts or other assets or funds of the Bank, by mortgages or other instruments covering all or any part of any and all real property of the Bank, including any additions, improvements, extensions to or enlargements of any real property thereafter made, or by any one or more of the foregoing, all as may be determined by the Bank. Debt obligations may be dated, may bear interest at such rate or rates, including rates variable from time to time, may be payable in any domestic or foreign currency and at any domestic or foreign location and may mature or otherwise be payable at such time or times as may be provided for by the Bank, and may be made redeemable or determinable prior to maturity at the option of the Bank or the holder thereof at such price or prices and under such terms and conditions as may be fixed by the Bank. The Bank shall determine the form of debt obligations and the manner of execution, denomination or denominations and place or places of payment thereof. In case any officer whose signature or a facsimile of whose signature shall appear on any debt obligations shall cease to be such officer before the delivery thereof, such signature or such facsimile shall nevertheless be valid and sufficient for all purposes as if such officer had remained in office until after such delivery. The Bank may provide for the authentication of debt obligations by a trustee, fiscal agent, registrar or transfer agent. The Bank may by resolution delegate to the executive director or any member or members of the board of directors of the Bank, or any combination of them, the power to determine any of the matters set forth in this section. In the discretion of the Bank, debt obligations of the Bank may be issued with such terms as will cause the interest thereon to be subject to federal income taxation. The Bank may sell its debt obligations in such manner, either at public or private sale, for such price, at such rate or rates of interest, or at discount in lieu of interest, as it determines will best effectuate its corporate purposes. In the discretion of the Bank, any debt obligations issued hereunder may be secured by a resolution of the Bank or by a trust agreement between the Bank and a corporate trustee, which may be any trust company or bank having the powers of a trust company within or without the Commonwealth, and any such trust agreement shall be in such form and executed in such manner as may be determined by the Bank. Such trust agreement or resolution may pledge or assign, in whole or in part, any revenues and funds held or to be received, and any mortgages or other loan collateral held or to be acquired, by the Bank and any contract or other rights to receive the same, whether then existing or thereafter coming into existence and whether then held or thereafter acquired by the Bank, and the proceeds thereof.
Such trust agreement or resolution may contain such provisions for protecting and enforcing the rights, security and remedies of holders of debt obligations as may be reasonable and proper, including, without limiting the generality of the foregoing, provisions defining defaults and providing for remedies in the event thereof which may include the acceleration of maturities, restrictions on individual right of action by holders of debt obligations and covenants setting forth duties of and limitations on the Bank in relation to the conduct of its programs and the management of its property, the custody, safeguarding, investment and application of moneys, the issuance of additional or refunding debt obligations, the establishment of reserves and the making and amending of contracts. In addition to other security provided herein or otherwise by law, debt obligations issued by the Bank may be secured, in whole or in part, by financial guaranties, by insurance or by letters of credit issued to the Bank, or a trustee, or any other person by any bank, trust company, insurance or surety company or other financial institution, within or without the Commonwealth, and the Bank may pledge or assign, in whole or in part, any revenues and funds held or to be received, and any mortgages or other loan collateral held or to be acquired, by the Bank and any contract or other rights to receive the same, whether then existing or thereafter coming into existence and whether then held or thereafter acquired by the Bank, and the proceeds thereof, as security for such guaranties or insurance or for the reimbursement by the Bank to the issuer of any such letter of credit of any payments made under such letter of credit. It shall be lawful for any bank or trust company to act as a depository or trustee of the proceeds of debt obligations, revenues or other moneys under any such trust agreement or resolution and to furnish such indemnification or to pledge such securities and issue such letters of credit as may be required by the Bank. Any such trust agreement or resolution may set forth the rights and remedies of holders of debt obligations and of the trustee and may restrict the individual right of action by holders of debt obligations. Any pledge of revenues or other property made by the Bank under the provisions of this act, including, without limitation, any pledge by the Bank of its rights to receive payments of any kind from or for the account of mortgagors under mortgages, participations therein or subsidy, guaranty, insurance or other contracts relating thereto, and of its revenues and other property, and of the mortgages, notes, such participations, such subsidy, guaranty, insurance or other contracts or other collateral, and of the proceeds of any or all thereof, shall be valid and binding and shall be deemed continuously perfected for the purposes of the Uniform Commercial Code and other laws from the time when such pledge is made. The revenues, moneys, property, rights and proceeds so pledged and then held or thereafter acquired or received by the Bank shall immediately be subject to the lien of such pledge without any physical delivery or segregation thereof or further act, and the lien of any such pledge shall be valid and binding against all parties having claims of any kind in tort, contract or otherwise against the Bank, regardless of whether such parties have notice thereof. Neither the resolution, any trust agreement nor any other agreement by which a pledge is created need be filed or recorded except in the records of the Bank, and no filing need be made under the Uniform Commercial Code or any other law. Any holder of a debt obligation issued by the Bank under the provisions of this act and any trustee under a trust agreement or resolution securing the same, except to the extent the rights herein given may be restricted by such trust agreement or resolution, may bring suit upon the debt obligations and may, either at law or in equity, by suit, action, mandamus or other proceeding for legal or equitable relief, including proceedings for the appointment of a receiver to take possession and control of the business and properties of the Bank, to operate and maintain the same, to make any necessary repair, renewals and replacements in respect thereof and to fix, revise and collect fees and charges, protect and enforce any and all rights under the laws of the Commonwealth or granted hereunder or under such trust agreement, resolution or other agreement and may enforce and compel the performance of all duties required by this act or by such trust agreement or resolution to be performed by the Bank or by any officer thereof. Debt obligations issued by the Bank under this act are hereby made securities in which all public officers and public bodies of the Commonwealth and its political subdivisions, all insurance companies, trust companies in their commercial departments, savings banks, cooperative banks, banking associations, investment companies, executors, administrators, trustees and other fiduciaries may properly and legally invest funds, including capital in their control or belonging to them. Such debt obligations are hereby made securities which may properly and legally be deposited with and received by any Commonwealth or municipal officer or any agency or political subdivision of the Commonwealth for any purpose for which the deposit of bonds or obligations of the Commonwealth is now or may hereafter be authorized by law. Debt obligations issued by the Bank under the provisions of this act shall not be deemed to be a debt or a pledge of the faith and credit of the Commonwealth, except to the extent provided pursuant to the provisions of section eight B of this act, but, except as aforesaid, shall be payable solely from the funds of the Bank from which they are made payable pursuant to the provisions of this act. All debt obligations issued by the Bank under the provisions of this act, their transfer and the income therefrom, including any profit made on the sale thereof, shall at all times be free from taxation of every kind by the Commonwealth and by the cities, towns and other political subdivisions in the Commonwealth.
SECTION 256. Section four hundred and nineteen of chapter one hundred and seventy-seven of the acts of nineteen hundred and ninety is hereby repealed.
SECTION 257. Section twenty-one of chapter one hundred and eighteen of the acts of nineteen hundred and ninety-two is hereby repealed.
SECTION 258. Section forty-five of said chapter one hundred and eighteen of the acts of nineteen hundred and ninety-two is hereby repealed.
SECTION 259. Section 6 of chapter 343 of the acts of 1992 is hereby amended by striking out, in line 7, the words ", such city or town,".
SECTION 260. Section 2 of chapter 150 of the acts of 1993 is hereby amended by striking out, in line 1, the figure "161" and inserting in place thereof the following figure:- 103.
SECTION 261. Section ten of chapter one hundred and eighty-two of the acts of nineteen hundred and ninety-three is hereby repealed.
SECTION 262. Section 26 of chapter 495 of the acts of 1993 is hereby amended by striking out, in line 2, the number "1973" and inserting in place thereof the following number:- 1993.
SECTION 263. Section 48 of chapter 126 of the acts of 1994 is hereby amended by striking out, in line 4, the word "ninety-three" and inserting in place thereof the following word:- ninety-four.
SECTION 264. Section 1 of chapter 272 of the acts of 1994 is hereby amended by striking out, in line 4, the words "simple of" and inserting in place thereof the following words:- simple or.
SECTION 265. Chapter 151 of the acts of 1996 is hereby amended by striking out section 484.
SECTION 266. The annual reports required by section one hundred and forty-two of this act shall be filed beginning in the year nineteen hundred and ninety-seven.
SECTION 267. The provisions of section two HH of chapter twenty-nine of the General Laws, inserted by section sixty-two of this act, shall expire on June thirtieth, two thousand, if final approval by the United States Congress of the Defense Base Closure and Realignment Commission's recommendation to locate said Finance and Accounting Services Facility in the town of Southbridge has not been received.
SECTION 268. Section one hundred and twenty-seven of this act shall take effect as of August twenty-first, nineteen hundred and ninety-six.
SECTION 269. Section one hundred and forty-two of this act shall take effect as of August second, nineteen hundred and ninety-six.
SECTION 270. Section two hundred and fifty-six of this act shall take effect as of June thirtieth, nineteen hundred and ninety-two.