Session Laws

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. Chapter 6 of the General Laws is hereby amended by striking out section 17, as appearing in the 1984 Official Edition, and inserting in place thereof the following section:-

Section 17. The armory commission, the art commission, the executive office for administration and finance, the board of regents of higher education, the commissioners of uniform state laws, the public bequest commission, the state ballot law commission, and the superintendent, the board of the Soldiers' Home in Holyoke, who shall have the title of superintendent and is appointed by the board of trustees of the Soldiers' Home in Holyoke, the Schooner Ernestina commission, the alcoholic beverages control commission, the trustees of the state library, the state racing commission, the Greylock reservation commission, the Port of Boston commission, the Massachusetts commission against discrimination, the office of handicapped affairs, the state airport management board, weather amendment board, the boxers' fund board, finance advisory board, medical, dental and nursing scholarship board, retirement law commission, the Massachusetts aeronautics commission, the obscene literature control commission, the mobile homes commission, the consumers' council, the Massachusetts police training council, the Massachusetts rehabilitation commission, the service corps commission, the World War II memorial commission, the health and welfare commission, the advisory council on home and family, state council on juvenile behavior, governor's mansion commission, the American and Canadian French cultural exchange commission, Massachusetts education communications commission, the committee on criminal justice, the commission of employment of the handicapped, and the nutrition board, shall serve under the governor, and shall be subject to such supervision as the governor deems necessary and proper.

SECTION 2. Said chapter 6 is hereby further amended by striking out section 22, as so appearing, and inserting in place thereof the following section:-

Section 22. There shall be an officer to be known as the commissioner of veterans' services, who shall be appointed by the secretary of human services, with the approval of the governor, and who shall serve at the pleasure of the secretary and may be removed by the secretary at any time subject to the approval of the governor. This position shall be classified in accordance with section forty-five of chapter thirty and the salary shall be determined in accordance with section forty-six C of said chapter thirty. The commissioner shall devote his whole time to the duties of his office. He shall be state agent for the settlement of pension, bounty, back pay, compensation and other claims of citizens of the commonwealth against the government of the United States, or of any state thereof, on account of military or naval service, and he shall assist and advise war veterans, and their dependents, heirs or legal representatives, with respect to the filing, prosecution and settlement of such claims.

There shall be under the control of the commissioner a supervisor of benefits who for the purpose of insuring fair and compassionate treatment of the problems of mothers of deceased veterans, shall have supervision of all applications by mothers of deceased veterans for aid under chapter one hundred and fifteen. Such supervisor shall be the mother of a deceased veteran. She shall be appointed and may be removed by the commissioner with the approval of the secretary of human services and her salary shall be determined by the commissioners with the secretary's approval. All her decisions shall be subject to the approval of the commissioner.

SECTION 3. Section 24 of said chapter 6, as so appearing, is hereby amended by striking out the first sentence and inserting in place thereof the following sentence:- The commissioner of veterans' services, with the approval of the secretary of human services, shall appoint and may remove a deputy and a second deputy commissioner of veterans' services who shall devote their whole time to the duties of their offices.

SECTION 4. Section 40 of said chapter 6, as so appearing, is hereby amended by striking out the second and third sentences and inserting in place thereof the following two sentences:- Upon the expiration of the term of office of a member, his successor shall be appointed by the secretary of human services, with the approval of the governor, to serve for seven years. The secretary shall designate one of the members as chairman.

SECTION 5. Said section 40 of said chapter 6, as so appearing, is hereby further amended by adding the following paragraph:-

The secretary of human services shall appoint, with the approval of the governor, the superintendent of the soldiers' home, who shall have the title of commandant, and who shall serve at the pleasure of the secretary and may be removed by the secretary at any time, subject to the approval of the governor.

SECTION 6. Paragraph (a) of section 75 of said chapter 6, as so appearing, is hereby amended by striking out the first sentence and inserting in place thereof the following sentence:- The commission shall be under the direction, supervision and control of the commissioner of rehabilitation, in sections seventy-five to eighty-four, inclusive, called the commissioner, who shall be appointed by the secretary of human services, with the approval of the governor, and who shall serve at the pleasure of the secretary and may be removed by the secretary at any time, subject to the approval of the governor.

SECTION 7. Section 76 of said chapter 6, as so appearing, is hereby amended by striking out the first sentence and inserting in place thereof the following sentence:- There shall be an advisory council to consist of fourteen members to be appointed by the secretary of human services, with the approval of the governor.

SECTION 8. Said section 76 of said chapter 6, as so appearing, is hereby further amended by striking out the last sentence and inserting in place thereof the following sentence:- Upon notification by the chairman that a vacancy exists, the secretary of human services shall appoint, with the approval of the governor, another member to fill the unexpired term.

SECTION 9. Section 84H of said chapter 6, as so appearing, is hereby amended by striking out the second and third sentences and inserting in place thereof the following sentence:- In addition, twelve members shall be appointed by the secretary of human services, with the approval of the governor, nine of whom shall be deaf persons selected from a list submitted by one or more organizations serving the deaf, two of whom shall be two parents selected from a list submitted by one or more organizations of parents of deaf persons, and one of whom shall be a licensed physician specializing in otolaryngology.

SECTION 10. Section 32 of chapter 6A of the General Laws, as so appearing, is hereby amended by striking out the second sentence and inserting in place thereof the following sentence:- The commission shall consist of three members appointed by the secretary of human services, with the approval of the governor.

SECTION 11. Said section 32 of said chapter 6A, as so appearing, is hereby amended by striking out the seventh sentence and inserting in place thereof the following sentence:- The secretary of human services may, with the approval of the governor, remove any member for cause, and, with like approval, shall fill any vacancy for the unexpired term.

SECTION 12. The second paragraph of section 129 of said chapter 6, as so appearing, is hereby amended by striking out the first sentence and inserting in place thereof the following sentence:- The commissioner for the blind shall be appointed by the secretary of human services, with the approval of the governor for a term of five years and until his successor is duly appointed and qualified.

SECTION 13. The third paragraph of said section 129 of said chapter 6, as so appearing, is hereby amended by striking out the first sentence and inserting in place thereof the following sentence:- The advisory board shall consist of five persons, qualified by training, experience, or demonstrated interest in the amelioration of the condition of the blind to be appointed by the secretary of human services, with the approval of the governor, for a term of five years.

SECTION 14. Said third paragraph of said section 129 of said chapter 6, as so appearing, is hereby further amended by striking out the last sentence and inserting in place thereof the following sentence:- The chairman of the board shall forthwith notify the secretary of human services that such vacancy exists.

SECTION 15. Section 2 of chapter 17 of the General Laws, as so appearing, is hereby amended by striking out the third sentence and inserting in place thereof the following sentence:- The secretary of human services, with the approval of the governor, shall appoint the commissioner who shall serve at the pleasure of the secretary and may be removed by the secretary at any time, subject to the approval of the governor.

SECTION 16. Section 3 of chapter 18 of the General Laws, as so appearing, is hereby amended by striking out the second sentence and inserting in place thereof the following sentence:- The secretary of human services shall appoint, with the approval of the governor, the commissioner who shall serve at the pleasure of the secretary and may be removed by the secretary at any time, subject to the approval of the governor.

SECTION 17. Section 6 of said chapter 18, as so appearing, is hereby amended by striking out the first and second paragraphs and inserting in place thereof the following two paragraphs:-

There shall be in the department a state advisory board consisting of the commissioner, who shall serve ex officio, and twenty-five members to be appointed by the secretary of human services, with the approval of the governor, not more than eight of whom shall be providers of assistance, and not more than eight of whom shall be recipients of assistance. The members of such board shall serve for terms of three years. The commissioner shall not be entitled to vote on any matter before the board.

The board shall meet at least ten times a year upon call of the chairman, who shall be designated by the secretary of human services, with the approval of the governor, and the board shall meet at any time upon call of the secretary or the commissioner. If any appointed member is absent for four regularly scheduled meetings, exclusive of July and August, in any calendar year, his office as a member of the board shall be deemed vacant. The chairman shall forthwith notify the secretary of human services that such vacancy exists.

SECTION 18. Section 1 of chapter 18A of the General Laws, as so appearing, is hereby amended by striking out the second sentence and inserting in place thereof the following sentence:- The secretary of human services shall appoint, with the approval of the governor, the commissioner who shall serve at the pleasure of the secretary and may be removed by the secretary at any time, subject to the approval of the governor.

SECTION 19. Section 3 of said chapter 18A, as so appearing, is hereby amended by striking out the first sentence and inserting in place thereof the following sentence:- The commissioner shall appoint, with the approval of the secretary of human services, a deputy commissioner who shall not be subject to the provisions of chapter thirty-one and to whom the provisions of section nine A of chapter thirty shall not apply, but who shall possess the same qualifications required of the commissioner, except that he shall have had not less than five years of experience in work related to juvenile delinquency, of which at least two shall have been as an administrator.

SECTION 20. The first paragraph of section 9 of said chapter 18A, as so appearing, is hereby amended by striking out the first five sentences and inserting in place thereof the following five sentences:- There shall be in the department an advisory committee consisting of the commissioner of youth services, the commissioner of welfare, the director of the office for children, the commissioner of mental health, the commissioner of education, the chairman of the parole board, the commissioner of correction, the commissioner of probation, the commissioner of rehabilitation, the chairman of the Massachusetts commission against discrimination, the executive secretary of the Massachusetts Society for the Prevention of Cruelty to Children, and the executive secretary of the Massachusetts Committee on Children and Youth, all of whom shall serve ex officiis, and nine other persons to be appointed by the secretary of human services, with the approval of the governor. Such persons shall have demonstrated professional involvement and expertise in the area of delinquency prevention, rehabilitation, and treatment. Upon the expiration of the term of office of any appointed member, his successor shall be appointed for a term of three years. Any vacancy shall be filled by the secretary of human services for the remainder of the unexpired term. The secretary of human services shall appoint from the members of said committee a chairman and a vice chairman.

SECTION 21. Section 6 of chapter 18B of the General Laws, as so appearing, is hereby amended by striking out the first sentence and inserting in place thereof the following sentence:- The department shall be under the direction, supervision and control of the commissioner of social services, in this chapter called the commissioner, who shall be appointed by the secretary of human services, with the approval of the governor, and who shall serve at the pleasure of the secretary, and may be removed by the secretary at any time, subject to the approval of the governor.

SECTION 22. Section 2 of chapter 19 of the General Laws, as so appearing, is hereby amended by striking out the first paragraph and inserting in place thereof the following paragraph:-

The secretary of human services shall appoint, with the approval of the governor, a commissioner of mental health who shall serve at the pleasure of the secretary and may be removed by the secretary at any time, subject to the approval of the governor.

SECTION 23. The first paragraph of section 3 of said chapter 19, as so appearing, is hereby amended by striking out the first sentence and inserting in place thereof the following sentence:- The commissioner shall appoint, with the approval of the secretary of human services, a person qualified to serve as deputy commissioner of mental health.

SECTION 24. Section 11 of said chapter 19, as so appearing, is hereby amended by striking out the first sentence and inserting in place thereof the following sentence:- There shall be an advisory council for the planning, construction, operation or utilization of community mental health centers, consisting of the commissioners of mental health, public health, social services and public welfare, ex officiis, and twelve persons to be appointed by the secretary of human services, with the approval of the governor, who shall include representatives of nongovernmental organizations or groups, of agencies of the commonwealth concerned with planning, construction, operation or utilization of community mental health centers or other mental health facilities, including representatives of consumers of the services provided by such centers and facilities who are familiar with the need for such services.

SECTION 25. Section 12 of said chapter 19, as so appearing, is hereby amended by striking out the first sentence and inserting in place thereof the following sentence:- There shall be an advisory council for the planning, construction, operation or utilization of facilities for the mentally retarded, consisting of the commissioners of mental health, public health, social services and public welfare, serving ex officiis, and twelve other persons to be appointed by the secretary of human services, with the approval of the governor, who shall include representatives of agencies of the commonwealth concerned with planning, construction, operation or utilization of facilities for the mentally retarded and of nongovernmental organizations or groups concerned with education, employment, rehabilitation, welfare, and health, and including representatives of consumers of the services provided by such facilities.

SECTION 26. Section 16 of said chapter 19, as so appearing, is hereby amended by striking out the first sentence and inserting in place thereof the following sentence:- There shall be a mental health advisory council consisting of thirty persons to be appointed by the secretary of human services, with the approval of the governor, fifteen of whom shall be members of community mental health and retardation area boards, and of the remaining fifteen at least seven shall be appointed to represent one of the following professions and groups: state level medical, psychological, nursing, educational, social work, occupational therapy, or bar associations, associations for mental health and for mental retardation, industrial and labor groups and the clergy.

SECTION 27. Section 1 of chapter 27 of the General Laws, as so appearing, is hereby amended by striking out the fourth sentence and inserting in place thereof the following sentence:- The secretary of human services shall appoint, with the approval of the governor, the commissioner who shall serve at the pleasure of the secretary and may be removed by the secretary at any time, subject to the approval of the governor.

SECTION 28. Section 2 of said chapter 27, as so appearing, is hereby amended by striking out the first sentence and inserting in place thereof the following sentence:- The commissioner shall, with the approval of the secretary of human services, appoint and may, with like approval, remove a deputy commissioner for institutional services, a deputy commissioner for personnel and training, and a deputy commissioner for community services. The position of deputy commissioner shall be classified in accordance with section forty-five of chapter thirty and the salary shall be determined in accordance with section forty-six C of said chapter thirty and he shall devote his full time during business hours to the duties of his office.

SECTION 29. The first paragraph of section 3 of said chapter 27, as so appearing, is hereby amended by striking out the first five sentences and inserting in place thereof the following five sentences:- There shall be in the department an advisory committee on correction consisting of the commissioner of correction, the chairman of the parole board and the commissioner of probation, ex officiis, and nine members, one of whom shall be a representative of labor, to be appointed by the secretary of human services, with the approval of the governor. Upon the expiration of the term of an appointed member his successor shall be appointed in like manner for a term of three years. The committee shall meet at least twice a year upon call of the chairman, who shall be designated by the secretary of human services with the approval of the governor, and shall meet at any time upon call of the secretary of human services. The committee shall visit at least annually each correctional institution of the commonwealth. Its function shall be to give advice and to make recommendations to the governor and the secretary on any matter affecting the department of the correction program, and it shall have no other powers or duties.

SECTION 30. Section 3 of chapter 28A of the General Laws, as so appearing, is hereby amended by striking out the first sentence and inserting in place thereof the following sentence:- There shall be an office for children under the exclusive supervision and control of a director who shall be appointed by the secretary of human services, with the approval of the governor, and who shall serve at the pleasure of the secretary and may be removed by the secretary at any time, subject to the approval of the governor.

SECTION 31. The first paragraph of section 8 of said chapter 28A, as so appearing, is hereby amended by striking out the first three sentences and inserting in place thereof the following three sentences:- There shall be a statewide advisory council to the office to consist of the secretaries of the executive offices of human services, manpower affairs, communities and development and educational affairs, or their designees, twelve members appointed by the secretary of human services with the approval of the governor, and sixteen members elected by the local councils for children established under section seven. All appointed or elected members shall serve for terms of three years. The chairman shall be appointed by the secretary of human services, with the approval of the governor, from the appointed or elected members and shall serve as chairman at the pleasure of the secretary, provided, that no member may serve as chairman for more than six years.