Session Laws

Whereas, The deferred operation of this act would tend to defeat its purpose, which is to 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. The second paragraph of section 63 of chapter 3 of the General Laws, as appearing in the 1984 Official Edition, is hereby amended by striking out the third sentence and inserting in place thereof the following sentence:- The committees shall have the power to summon witnesses, administer oaths, take testimony and compel the production of books, papers, documents and other evidence in connection with any authorized examination and review.

SECTION 2. The second paragraph of section 64 of said chapter 3, as so appearing, is hereby amended by striking out, in line 8, the word "know" and inserting in place thereof the word:- known.

SECTION 3. Section 1 of chapter 5 of the General Laws, as so appearing, is hereby amended by striking out, in line 10, the words "commission of administration and finance" and inserting in place thereof the words:- commissioner of administration.

SECTION 4. Chapter 6 of the General Laws is hereby amended by striking out section 17, as amended by section 1 of chapter 737 of the acts of 1985, 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 trustees 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 educational communications commission, the committee on criminal justice, the commission on 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 5. Clause (a) of section 79 of said chapter 6, as appearing in the 1984 Official Edition, is hereby amended by striking out, in line 9, the second time it appears, the word "with".

SECTION 6. Section 84 of said chapter 6, as so appearing, is hereby amended by striking out, in line 8, the words "of the General Laws".

SECTION 6A. Said section 84 of said chapter 6, as so appearing, is hereby further amended by striking out, in line 19, the word "phsychologist" and inserting in place thereof the word:- psychologist.

SECTION 7. Section 133A of said chapter 6, as so appearing, is hereby amended by striking out, in line 5, the words "learning. Notwithstanding" and inserting in place thereof the following words:- learning, notwithstanding any general or special law to the contrary.

SECTION 8. Section 190 of said chapter 6, as so appearing, is hereby amended by striking out, in lines 17 and 18, the word "twenty-three C" and inserting in place thereof the word:- twenty-three D.

SECTION 9. Section 28B of chapter 7 of the General Laws, as so appearing, is hereby amended by striking out, in line 3, the word "behavorial" and inserting in place thereof the word:- behavioral.

SECTION 10. Section 38A of said chapter 7, as so appearing, is hereby amended by striking out, in line 2, the word "six C" and inserting in place thereof the word:- six B.

SECTION 11. Said chapter 7 is hereby further amended by striking out sections 40C to 40D, inclusive, as so appearing, and inserting in place thereof the following two sections:-

Section 40C. The deputy commissioner of capital planning and operations shall:

(1) develop and operate automated management and information systems and provide data processing services;

(2) develop and maintain all necessary accounting and financial systems;

(3) develop, justify and monitor internal operating budgets;

(4) provide business services including central filing, printing, and reproduction, correspondence and word processing services;

(5) develop and maintain all necessary systems to administer payments to those contracting for the provision of services and supply of materials;

(6) develop and operate an accounting, reporting, and financial management system that will permit proper management of the capital facility program;

(7) perform or contract for performance of research on innovative methods for the acquisition, planning, design, construction, demolition, installation, and repair and maintenance of capital facilities;

(8) give counsel on all legal matters affecting capital facility projects provided that this provision shall not preclude the employment of counsel by any office within the division of capital planning and operations;

(9) approve project budgets and the award of contracts;

(10) recommend and where appropriate, certify for disbursement monies appropriated or authorized for capital facility projects;

(11) establish guidelines and requirements for the preparation and retention of records and reports pertaining to the nature, scope and progress of capital facility projects; and

(12) perform such other acts to assure the proper management of the operation of the division of capital planning and operation and the proper coordination of the work of and effective operation of the individual offices located therein.

The deputy commissioner shall, after providing an opportunity for the attorney general and other interested parties to comment, promulgate and from time to time revise uniform contract conditions appropriate to the type of service being rendered to be incorporated in all contracts for services of that type related to capital facility projects. Such uniform contract conditions may be supplemented by but shall take precedence over additional contract conditions for any particular capital facility project.

The deputy commissioner may from time to time establish within the division of capital planning and operations such administrative units, in addition to the offices of programming, project management and facilities management and the bureau of state office buildings, necessary for efficient and economical administration of the work of said division; and when necessary for such purpose, s/he may abolish such unit or may merge any two or more of them. The said deputy commissioner shall prepare and keep current a general statement of the organization of said division and of the assignment of functions to its various administrative units, officials, and employees. Said statement shall be known as the "description of organization" of said division, and shall be kept on file in said division.

The deputy commissioner shall develop quantitive performance measures for each individual office and other administrative unit located therein and for the division as a whole. Using such measures, the deputy commissioner shall once each year prepare and submit to the commissioner of administration a report on the performance of the individual offices and of the division as a whole, comparing that performance with that of the previous three years, the reasons for any change, and recommending changes in the operation of the division and its offices, as will improve their performance.

The directors of individual offices and the heads of other administrative units located in the division shall, upon request by the deputy commissioner conduct internal, operational, financial, and compliance audits.

Section 40D. The deputy commissioner shall, no less often than once every three months, prepare a comprehensive report on the progress of all capital facility projects subject to the jurisdiction of the division of capital planning and operations as defined by section forty B but not including those for which a city or town is the administering agency. At the discretion of the deputy commissioner, said reports may exclude capital facility projects with a total project cost of less than twenty-five thousand dollars for which the administering agency is other than a state agency. Said report shall include, but not be limited to, a statement of the name of each project, the administering agency and the using agency, a brief current description of the project and any substantial changes in the description of the project during the past three months, the source of funds, the state of progress of the project, a summary of the total and major costs of the projects as originally estimated and as currently expended or currently estimated to be expended, the original project schedule and the current and estimated progress of the project, and such other information as the deputy commissioner may require be included. Said report shall be submitted to the commissioner of administration and the clerks of the house of representatives and the senate and shall be a public document.

The deputy commissioner of capital planning and operations shall by February fifteenth of each year prepare a comprehensive annual report on the progress of all capital facility projects subject to the jurisdiction of the division of capital planning and operation defined by section forty A. At the discretion of the deputy commissioner, said annual report need not include capital facility projects with a total project cost of less than twenty-five thousand dollars for which the administering agency is other than a state agency. Said annual report shall constitute one of the four reports required by the previous paragraph of this section but shall contain in addition to the information required in the previous paragraph for each capital facility project, the following data: the authorizations for and sources of funds and expenditure and unencumbered balances thereof; identification of the designers and contractors who have contracted with the administering agency to provide materials or services therefor, the administering agency's project and contract numbers, the value of the contracts and the amount of money paid in accordance with the contracts; and such other information as the deputy commissioner may require be included. The deputy commissioner shall also include in said report a statement of the problems which have arisen in the capital facility procurement programs and procedures of public agencies and specific recommendations for administrative and legislative action which are necessary to remedy such problems. Said report shall be submitted to the commissioner of administration and the general court and shall be a public document available for general distribution.

The deputy commissioner shall by February fifteenth of each year prepare a comprehensive report including, but not limited to, an analysis of the utilization, cost and method of acquisition of real property acquired for the use of state agencies; the sale or rental of such real property and revenue realized therefrom; and problems which have arisen in the management of real property by the commonwealth, with specific recommendations for administrative and legislative action necessary to remedy such problems. Said report shall be submitted to the commissioner of administration, the joint committee on state administration, and the general court and shall be a public document available for general distribution.

The deputy commissioner shall develop and annually revise a proposed capital repair and maintenance plan for state buildings subject to the jurisdiction of the division of capital planning and operations. The plan shall be based upon repair and maintenance schedules formulated for each building and group of buildings by the director of facilities management in accordance with the provisions of sections forty-three A, forty-three C, and forty-three E. In addition to developing capital repair and maintenance schedules for state buildings, the plan shall analyze the costs and benefits of continuing minor repairs versus the costs and benefits of major renovation, rehabilitation, or replacement of the state buildings. The deputy commissioner shall by February fifteenth of each year, submit the proposed capital repair and maintenance plan required by this paragraph to the house and senate ways and means committees and the chairmen of the joint committee on state administration.

The deputy commissioner shall keep an up-to-date record, by years and cumulatively, on all capital repair and maintenance projects completed, in process, or scheduled for the future, on all building projects subject to the jurisdiction of the division of capital planning and operations.

The deputy commissioner shall, by February fifteenth of each year, prepare a report, by years and cumulatively, on all capital repair and maintenance projects completed, in process, or scheduled for the future, on all capital facility projects, said report shall include narrative statements indicating why such repairs or maintenance on such projects have been or will be postponed or cancelled. A copy of said report shall be sent to the house and senate committees on ways and means, and to the chairmen of the joint committee on state administration.

The governor may, include in his capital outlay budget or request, a budget narrative statement, indicating why any and all repairs or maintenance on capital facility projects of the commonwealth, have been or will be postponed or cancelled.

Upon completion of the final design of each state building project estimated to cost in excess of five million dollars, the deputy commissioner shall prepare an analysis detailing the maintenance costs projected annually over the useful life of the building. The deputy commissioner shall, by February sixteenth of each year, prepare a report summarizing the annual maintenance costs projected for each building project described in this paragraph, for which final design was completed during the prior year. The report shall be filed with the chairmen of the joint committee on state administration and the agency responsible for the operation and maintenance of the building project.

In subsequent fiscal years for which the maintenance report indicates that maintenance will be required, the agency responsible for the operation and maintenance of the building shall include the projected annual maintenance costs contained in the report in its annual budget request, provided that revisions to the maintenance costs originally projected by the deputy commissioner shall be addressed in the agency's budget narrative.

The deputy commissioner shall be responsible for providing state agencies with comprehensive maintenance manuals for all new building projects constructed on behalf of an agency.

SECTION 13. Said chapter 7 is hereby further amended by inserting after section 40M, as so appearing, the following section:-

Section 40N. As used in this section, the following words shall, unless the context clearly requires otherwise, have the following meanings:

"Minority", a person with a permanent residence in the United States who is American Indian, Black, Cape Verdean, Western Hemisphere Hispanic, Aleut, Eskimo, or Asian.

"Minority business", any contracting or subcontracting business, or business that supply the contractors and subcontractors which is beneficially owned by one or more minority persons as follows:

(1) the business must be at least fifty-one per cent owned by minority persons; in the case of a corporation having more than one class of stockholders, the ownership requirement must be met as to each class of stock;

(2) the minority owners must demonstrate that they have dominant control over management;

(3) the business has not been established solely for the purpose of taking advantage of a special program which has been developed to assist minority businesses;

(4) in the case of a joint venture between a minority business meeting the requirements of clauses (1) to (3), inclusive, and a nonminority business, the joint venture shall be found to be a minority business if the minority business meeting the requirements of said clauses (1) to (3), inclusive, shall have more than one-half control over management of the project bid upon and shall have the right to receive more than one-half of the profits deriving from that project.

"Women-owned business", any contracting or subcontracting business which is beneficially owned by one or more women meeting the requirements set forth in clauses (1) to (4), inclusive, of the definition of minority business, except that the terms "women", "women owners", and "women-owned business", shall be substituted for the terms "minority" and "minority persons", "minority owners", and "minority business" appearing in said definition. "Material Supplier", refers to a vendor engaged in sales to the construction industry from an established place of business or source of supply and that vendor manufactures goods from raw materials or substantially alters them before resale or provides and maintains a storage facility for materials utilized in the work consistent with normal industry practice. A material supplier may be given one hundred per cent credit of the total purchase order if it manufactures or substantially alters the materials supplied. A material supplier that does not manufacture supplies may be entitled to a credit in the amount of ten per cent of the total purchase order for the supplies.

The deputy commissioner, with the cooperation and approval of the state office of minority business assistance (SOMBA) established by section forty-one of chapter twenty-three A, shall, at the beginning of each fiscal year, establish a specific annual dollar value of contracting and subcontracting work on capital facility projects subject to the supervision and control of the division of capital planning and operations which shall be reserved for minority-owned businesses and women-owned businesses. The total specific annual dollar value reserved for minority-owned businesses under this section shall not constitute less than five per cent of the value of the contracts awarded on capital facility projects during the preceding fiscal year. The total specific annual dollar value when established shall be binding on both the division and SOMBA; both agencies are required to cooperate and to take whatever steps they jointly deem necessary to implement the requirements of this section. The deputy commissioner of the division and the director of SOMBA shall meet on a quarterly basis to determine what portion of the total specific dollar value reserved for minority-owned and women-owned businesses the division has already awarded to such businesses and what further steps both agencies deem necessary to achieve the purpose of this section.

The deputy commissioner will reserve five per cent of the estimated construction cost of each capital facility project for minority-owned businesses, and five per cent for women-owned businesses, except as follows:-

(1) A greater percentage may be reserved to reflect the percentage of the minority population within the standard metropolitan statistical or labor market area in which the capital facility is located; to reflect the numbers of minority-owned and women-owned businesses available to perform work on a project; or to achieve the specific annual dollar value reserved for minority-owned or women-owned businesses.

(2) If because of the size, nature, or location of a particular capital facility project, it is not feasible to reserve a minimum of five per cent for a minority-owned or women-owned business, the division may either reserve a lesser portion of work for minority-owned or women-owned businesses or waive the participation requirements on that particular project.

SOMBA may hold any project for up to thirty days for review, before bid specifications are made public, if it believes that the size, nature, or location of the project does not justify a reduction in the women or minority business set-aside below five per cent.

No portion of contracting or subcontracting work reserved for minority-owned businesses under the provisions of this section shall be awarded to any women-owned business not meeting the requirements of a minority-owned business under this section; nor shall any portion of contracting and subcontracting work reserved for women-owned businesses under the provisions of this section be awarded to any minority-owned business not meeting the requirements of a women-owned business under this section.

The deputy commissioner with the cooperation and approval of SOMBA shall develop the contract specifications, terms, conditions, and language and shall take the administrative steps necessary to carry out the purpose of this section. SOMBA shall be responsible for establishing and updating, by periodic additions and deletion, a list of minority-owned and women-owned businesses under this section, and shall cause the list to be published in the central register established by section twenty of chapter nine, and filed with the joint committee on state administration, and in such other publications as the deputy commissioner shall designate.

The deputy commissioner shall by March fifteenth of each year submit to SOMBA, the commissioner of administration, the state commission against discrimination, the joint committee on state administration, and the general court a report describing the number of contracts and subcontracts awarded by the division of capital planning and operations to minority-owned and women-owned businesses within the preceding calendar year. The report shall, at a minimum, show the name and address of each such business, its designation as a minority-owned or women-owned business, the contract, or subcontract price, a description of the work performed on such contract by class of work and project type, and shall show separately the total number of contracts awarded to minority-owned and women-owned businesses as a percentage of the total number of contracts awarded and as a percentage of the total contract price.

SECTION 14. The third paragraph of section 41B of said chapter 7, as so appearing, is hereby amended by striking out clause (5) and inserting in place thereof the following clause:-

(5) upon request by using agencies assist the staff of using agencies, and at the discretion of said director assist others providing such services to using agencies in their performance of plans, studies, or programs to assure conformity with the rules and regulations, standards and guidelines for such plans, studies, and programs.

SECTION 15. The last paragraph of section 42B of said chapter 7, as so appearing, is hereby amended by striking out, in line 77, the word "than" and inserting in place thereof the word:- that.

SECTION 16. The second paragraph of section 50 of said chapter 7, as so appearing, is hereby amended by striking out the first sentence and inserting in place thereof the following sentence:- There shall be within the division of public employee retirement administration a unit to be known as the pension investment advisory unit.

SECTION 17. Chapter 8 of the General Laws is hereby amended by striking out section 6, as so appearing, and inserting in place thereof the following section:-

Section 6. Subject to the provisions of sections thirty to thirty-eight, inclusive, of chapter six A, whenever the same shall be applicable, he shall direct the making of all repairs and improvements in the state house, the John W. McCormack State Office Building, the Leverett Saltonstall State Office Building, the Springfield Office Building, the Pittsfield Office Building, the Erich Lindemann Building, the Charles F. Hurley Building, and any other state properties as are designated by law to be the responsibility of the superintendent of state office buildings, and on the grounds of the state house and of any such building; and all executive and administrative departments and officers shall make requisition upon him for any such repairs or improvements.

SECTION 18. Section 5 of chapter 15A of the General Laws is hereby amended by striking out clause (aa), inserted by section 2 of chapter 609 of the acts of 1985, and inserting in place thereof the following clause:- ; (aa) recognize the duly elected student government association at each public university, college or community college as the official representative of the student body.

SECTION 19. Section 15 of chapter 17 of the General Laws, as appearing in chapter 177 of the acts of 1985, is hereby amended by striking out, in line 9, the word "consective" and inserting in place thereof the following word:- consecutive.

SECTION 20. Section 29 of chapter 19A of the General Laws, as appearing in the 1984 Official Edition, is hereby amended by striking out, in line 7, the word "meridiem", both times it appears, and inserting in place thereof, in each instance, the following word:- meridian.

SECTION 20A. Said section 29 of said chapter 19A, as so appearing, is hereby further amended by striking out, in line 9, the word "affect" and inserting in place thereof the following word:- effect.

SECTION 21. Chapter 20 of the General Laws is hereby amended by striking out the title, as so appearing, and inserting in place thereof the following title:- department of food and agriculture.

SECTION 22. The third paragraph of section 1 of said chapter 20, as so appearing, is hereby amended by striking out the first sentence and inserting in place thereof the following sentence:- There shall be a commissioner of food and agriculture who shall be appointed and may be removed by the secretary of environmental affairs with the approval of the governor.

SECTION 23. Section 16 of said chapter 20, as so appearing, is hereby amended by striking out the last sentence and inserting in place thereof the following sentence:- The bureau shall notify the gardeners or farmers of said notice of termination.

SECTION 24. Section 21 of said chapter 20, as so appearing, is hereby amended by striking out the last sentence and inserting in place thereof the following sentence:- Payment shall be deducted by the dealer from monies owed by the dealer to the producers in the amount of five cents per hundred weight.

SECTION 25. Chapter 21 of the General Laws is hereby amended by striking out the title, as so appearing, and inserting in place thereof the following title:- department of environmental management.

SECTION 26. Said chapter 21 is hereby further amended by striking out section 6A, as amended by section 5 of chapter 231 of the acts of 1985, and inserting in place thereof the following section:-

Section 6A. It shall be the duty of the division of law enforcement to enforce all penal laws which it is the duty of any agency within the executive office of environmental affairs to enforce, provisions of the general laws or any special laws to the contrary notwithstanding.

Nothing in this section shall be construed as divesting other officers or employees of the commonwealth of the duty to enforce laws as provided for in the general laws or any special laws. It shall also direct all inspections, claims and investigations. All police agencies shall at once notify the division of law enforcement or an environmental police officer thereof of a person presumed to be lost in any of the woodlands of the commonwealth.

SECTION 27. Said chapter 21 is hereby further amended by striking out section 6D, inserted by section 8 of said chapter 231, and inserting in place thereof the following section:-

Section 6D. The secretary, commissioner, his assistants, director, deputy directors of enforcement, chiefs of enforcement, deputy chiefs of enforcement, environmental police officers and deputy environmental police officers, may in the performance of their duties enter upon and pass through or over private property or lands whether or not covered by water, and may keep or dispose of sick, dead, injured, or helpless fish, birds or mammals that may come into their possession, subject to such rules and regulations as said director, with the approval of said commissioner, is hereby authorized to adopt.

SECTION 28. Section 8C of said chapter 21, as appearing in the 1984 Official Edition, is hereby amended by striking out, in line 4, the word "additional" and inserting in place thereof the word:- addition.

SECTION 29. Section 37 of said chapter 21, as so appearing, is hereby amended by striking out, in line 19, the word "contructed" and inserting in place thereof the word:- constructed.

SECTION 30. Section 8 of chapter 21A of the General Laws is hereby amended by striking out the sixth paragraph, as amended by section 17 of chapter 231 of the acts of 1985, and inserting in place thereof the following paragraph:-

The director of the division of marine fisheries shall be appointed and may be removed by the commissioner of the department of fisheries, wildlife and environmental law enforcement with the approval of the marine fisheries advisory commission.

SECTION 31. Section 8A of said chapter 21A is hereby amended by striking out, in line 23, as appearing in the 1984 Official Edition, the word "from" and inserting in place thereof the word:- for.

SECTION 32. Chapter 22A of the General Laws is hereby amended by striking out sections 7 and 8, as so appearing, and inserting in place thereof the following section:-

Section 7. Notwithstanding the provisions of any special or general law to the contrary, the department of social services, the department of youth services, the department of public health, and the department of mental health shall report a missing child under its custody to the central register and shall provide said central register with available identifying data relating to said missing child.

SECTION 33. Subsection (r) of section 3 of chapter 23B of the General Laws is hereby amended by striking out the last sentence, added by section 24 of chapter 748 of the acts of 1985.

SECTION 34. Said subsection (r) of said section 3 of said chapter 23B, as appearing in the 1984 Official Edition, is hereby further amended by inserting after the word "supplementation", in lines 102 and 103, the following words:- ; provided, however, that no regulation promulgated by the executive office of communities and development which concerns tenant selection in state aided housing shall supercede the tenant selection requirements outlined in sections thirty-two and thirty-four of chapter one hundred and twenty-one B as they relate to local preference, emergency cases, or veterans preference.

SECTION 35. Section 5 of chapter 23D of the General Laws, as so appearing, is hereby amended by striking out, in line 2, the word "three" and inserting in place thereof the following word:- four.

SECTION 36. Section 6 of said chapter 23D, as so appearing, is hereby amended by striking out, in line 2, the word "three" and inserting in place thereof the following word:- four.

SECTION 37. Section 8G of chapter 26 of the General Laws, as so appearing, is hereby amended by striking out, in line 26, the first time it appears, the word "to".

SECTION 37A. Said section 8G of said chapter 26, as so appearing, is hereby further amended by striking out, in line 29, the word "possessed" and inserting in place thereof the following word:- possesses.

SECTION 38. Section 2D of chapter 29 of the General Laws, as so appearing, is hereby amended by striking out, in line 19, the word "and".

SECTION 38A. Said section 2D of said chapter 29, as so appearing, is hereby further amended by striking out clause (e) and inserting in place thereof the following clause:-

(e) The annual income of the Massachusetts School Fund; and.

SECTION 39. Section 7C of said chapter 29, as so appearing, is hereby amended by striking out, in line 77, the word "toal" and inserting in place thereof the following word:- total.

SECTION 40. Section 7E of said chapter 29, as so appearing, is hereby amended by striking out, in lines 38 and 39, the words "thirty B to thirty P, inclusive," and inserting in place thereof the following words:- thirty-eight A 1/2 to thirty-eight O, inclusive, of chapter seven.

SECTION 41. The definition of "Eligible list" in section 1 of chapter 31 of the General Laws, as so appearing, is hereby amended by striking out, in line 56, the word "or" and inserting in place thereof the following word:- of.

SECTION 42. Section 35 of said chapter 31, as so appearing, is hereby amended by striking out, in line 21, the word "tranferred" and inserting in place thereof the following word:- transferred.

SECTION 43. Section 5 of chapter 31A of the General Laws, as so appearing, is hereby amended by striking out, in lines 15 and 39, the word "recission" and inserting in place thereof, in each instance, the following word:- rescission.

SECTION 44. Paragraph (a) of subdivision (1) of section 5 of chapter 32 of the General Laws, as so appearing, is hereby amended by striking out, in line 2, the word "or", the second time it appears, and inserting in place thereof the following word:- on.

SECTION 45. Subsection (3) of section 8 of said chapter 32, as so appearing, is hereby amended by inserting after the word "actual", in line 123, the following word:- earnings.

SECTION 46. Subdivision (4 3/4) of section 20 of said chapter 32, as so appearing, is hereby amended by striking out paragraph (b) and inserting in place thereof the following paragraph:-

(b) Said system shall be managed by a retirement board which shall have the general powers and duties set forth in subdivision (5). Said board shall consist of three members as follows: The treasurer of the Authority who shall be a member ex officio, a second member who shall be elected by the members in or retired from service of such system from among their members, for a term not exceeding three years, as the chairman of the Authority shall determine, and a third member who shall be appointed for a term of three years by the Authority. Future elections of the second member shall be held under the supervision of such retirement board and the term of the second member shall be so arranged as not to expire in the year of expiration of the term of the third member. Each member of such retirement board shall continue to hold office until the expiration of his term and until the qualification of his successor. Upon the expiration of the term of office of an elected or appointed member or in case of a vacancy in either of said offices, his successor shall be elected or appointed as aforesaid for a three year term or for the unexpired part thereof, as the case may be, except that in no event shall the term of the second member expire in the same year as the term of the third member.

SECTION 47. Paragraph (b) of subdivision (4 7/8) of said section 20 of said chapter 32, as so appearing, is hereby amended by striking out, in line 432, the word "System" and inserting in place thereof the following word:- system.

SECTION 48. Paragraph (a) of subdivision (2A) of section 23 of said chapter 32, as so appearing, is hereby amended by striking out, in line 278, the first time it appears, the word "members" and inserting in place thereof the following word:- board.

SECTION 49. Paragraph (b) of said subdivision (2A) of said section 23 of said chapter 32, as so appearing, is hereby amended by striking out, in line 313, the word "diclosed" and inserting in place thereof the following word:- disclosed.

SECTION 50. Paragraph (a) of subdivision (4) of section 28 of said chapter 32, as so appearing, is hereby amended by striking out the fourth and fifth sentences and inserting in place thereof the following two sentences:- The commissioner shall also notify the county commissioners, the mayor or the board of selectmen, and the retirement board of such county, city or town or the state board of retirement, as the case may be, within which such district lies, of the acceptance of such sections by the district and of the date as of which such sections shall become operative for its employees, except that in a mosquito control project or district the vote only of the district board of commissioners shall be required to accept said provisions; and except, that in the county cooperative extension service of the county of Suffolk the vote only of the trustees shall be required to accept said provisions. Any employees who become a member of a retirement system by the acceptance by a mosquito control project or district of this paragraph or by the acceptance by the county cooperative extension service of the county of Suffolk of this paragraph shall be credited with prior service in accordance with the provisions of sections one to twenty-eight, inclusive.

SECTION 51. Section 10 of chapter 32B of the General Laws, as so appearing, is hereby amended by inserting after the word "of", in line 4, the first time it appears, the following words:- the county commissioners; in a city having a Plan D or Plan E charter by majority vote of its city council, in any other city by vote of its city council, approved by the mayor, in a municipality having a town council form of government, by vote of the town council, subject to the provisions of the charter of such municipality; in a district, except as hereinafter provided, by vote of.

SECTION 52. The first paragraph of section 11A of said chapter 32B, as so appearing, is hereby amended by striking out the schedule and inserting in place thereof the following schedule:-

`tcol(*)=4;c1=1,25%,tuc;c2=25%,25%,tuc;c3=50%,25%,tuc;c4=75%,25%,tuc `tch `tc1=13,52,tf;temp IF ANNUAL COMPENSATION IS OPTIONAL `t+1 `tc1 * * *Additional * * *Amount Of * *Additional*Accidental `tc1=1,50%,tuc `tc1 * *Amount Of*Death and * *Group Life*Dismemberment `tc1=1,25%,tuc `tc1 * *Insurance*Insurance At*But Less*Shall Not*Shall Not Least*Than*Exceed*Exceed `t+1 `tc1=1,100%,tf;temp `tch;end `t+1 `tc1 $ 2,000*$ 3,000*$ 1,000*$ 1,000 3,000* 4,000* 2,000* 2,000 4,000* 5,000* 3,000* 3,000 5,000* 6,000* 4,000* 4,000 6,000* 7,000* 5,000* 5,000 7,000* 8,000* 6,000* 6,000 8,000* 9,000* 7,000* 7,000 9,000*10,000* 8,000* 8,000 10,000*11,000* 9,000* 9,000 11,000*12,000*10,000*10,000 12,000*13,000*11,000*11,000 13,000*14,000*12,000*12,000 14,000*15,000*13,000*13,000 15,000*16,000*14,000*14,000 16,000*17,000*15,000*15,000 17,000*18,000*16,000*16,000 18,000*19,000*17,000*17,000 19,000*20,000*18,000*18,000 20,000*21,000*19,000*19,000 21,000*22,000*20,000*20,000 22,000*23,000*21,000*21,000 23,000*24,000*22,000*22,000 24,000*25,000*23,000*23,000 25,000*26,000*24,000*24,000 26,000*27,000*25,000*25,000 27,000*28,000*26,000*26,000 28,000*29,000*27,000*27,000 29,000*30,000*28,000*28,000 30,000*31,000*29,000*29,000 31,000*32,000*30,000*30,000 32,000*33,000*31,000*31,000 33,000*34,000*32,000*32,000 34,000*35,000*33,000*33,000 35,000*36,000*34,000*34,000 36,000*37,000*35,000*35,000 37,000*38,000*36,000*36,000 38,000*39,000*37,000*37,000 39,000*40,000*38,000*38,000 40,000*41,000*39,000*39,000 41,000*42,000*40,000*40,000 42,000*43,000*41,000*41,000 43,000*44,000*42,000*42,000 44,000*45,000*43,000*43,000 45,000*46,000*44,000*44,000 46,000*47,000*45,000*45,000 47,000*48,000*46,000*46,000 48,000*49,000*47,000*47,000 49,000*50,000*48,000*48,000 50,000*51,000*49,000*49,000 51,000*52,000*50,000*50,000 52,000*53,000*51,000*51,000 53,000*54,000*52,000*52,000 54,000*55,000*53,000*53,000 55,000*56,000*54,000*54,000 56,000*57,000*55,000*55,000 57,000*58,000*56,000*56,000 58,000*59,000*57,000*57,000 59,000*60,000*58,000*58,000 60,000*61,000*59,000*59,000 61,000*62,000*60,000*60,000 62,000*63,000*61,000*61,000 63,000*64,000*62,000*62,000 64,000*65,000*63,000*63,000 65,000*66,000*64,000*64,000 66,000*67,000*65,000*65,000 67,000*68,000*66,000*66,000 68,000*69,000*67,000*67,000 69,000*70,000*68,000*68,000 70,000*71,000*69,000*69,000 71,000*72,000*70,000*70,000 72,000*73,000*71,000*71,000 73,000*74,000*72,000*72,000 `t( 74,000*75,000*73,000*73,000 75,000*No Limit*74,000*74,000 `t) `tcol;end

SECTION 53. Paragraph (i) of subsection (C) of section 17 of chapter 34A of the General Laws, as appearing in chapter 807 of the acts of 1985, is hereby amended by striking out clauses (o) and (p) and inserting in place thereof the following two clauses:-

(n) Actions specified as resolutions; and

(o) The expression of such board policies or opinions as required no formal action by the governing body.

SECTION 54. Section 6 of chapter 40A of the General Laws is hereby amended by inserting after the word "to", in line 71, as appearing in the 1984 Official Edition, the following word:- in.

SECTION 55. Section 7 of said chapter 40A, as so appearing, is hereby amended by striking out, in lines 14 and 15, the word "therefore" and inserting in place thereof the following word:- therefor.

SECTION 56. Section 14 of chapter 40B of the General Laws, as so appearing, is hereby amended by striking out, in line 31, the word "subdistricts." and inserting in place thereof the following word:- subdistricts;.

SECTION 58. Section 12 of chapter 40J of the General Laws, as so appearing, is hereby amended by striking out, in lines 19 and 24, the word "Commonwealth" and inserting in place thereof, in each instance, the following word:- commonwealth.

SECTION 58A. Said section 12 of said chapter 40J, as so appearing, is hereby further amended by striking out, in line 119, the word "thirty-seven" and inserting in place thereof the following word:- thirty-eight.

SECTION 59. Said section 12 of said chapter 40J, as so appearing, is hereby further amended by striking out, in line 32, the word "two" and inserting in place thereof the following word:- one.

SECTION 60. Said section 12 of said chapter 40J, as so appearing, is hereby amended by striking out, in line 75, the word "thirty-seven E" and inserting in place thereof the following word:- twenty-seven E.

SECTION 61. Said section 12 of said chapter 40J, as so appearing, is hereby further amended by striking out, in line 163, the word "chapter" and inserting in place thereof the following word:- section.

SECTION 63. Section 5 of said chapter 40K, as so appearing, is hereby amended by striking out, in line 29, the word "entrepeneurs" and inserting in place thereof the following word:- entrepreneurs.

SECTION 64. Said section 5 of said chapter 40K, as so appearing, is hereby further amended by striking out, in line 33, the word "dipose" and inserting in place thereof the following word:- dispose.

SECTION 64A. Section 1 of chapter 40L of the General Laws, as appearing in section 1 of chapter 613 of the acts of 1985, is hereby amended by striking out the definition of "Agricultural land" and inserting in place thereof the following definition:-

"Agricultural land", land suitable for agricultural or horticultural use, including land rated by the United States Department of Agriculture Soil Conservation Service as Class 1 through Class IV, unique, or of statewide or local area importance.

SECTION 64B. The first paragraph of section 4 of said chapter 40L, as so appearing, is hereby amended by striking out the fifth sentence and inserting in place thereof the following sentence:- Following the public hearing, the committee may adopt as a plan the proposal or any revisions thereto it deems appropriate; provided, however, that no land may be included in an agricultural incentive area plan pursuant to this section unless the owner of the land has approved in writing the inclusion of his land in the area.

SECTION 64C. Section 7 of chapter 40M of the General Laws, as appearing in chapter 802 of the acts of 1985, is hereby amended by striking out the first sentence and inserting in place thereof the following sentence:- Each public employer self-insurance group shall be operated by a board of trustees which shall consist of not less than three persons who are elected officials or employees of public entities within this commonwealth.

SECTION 65. Section 8 of chapter 44A of the General Laws, as so appearing, is hereby amended by striking out, in line 3, the word "recind" and inserting in place thereof the following word:- rescind.

SECTION 66. Section 87 of chapter 54 of the General Laws is hereby amended by striking out subsection (a), as so appearing, and inserting in place thereof the following subsection:-

(a) Official absent voting ballots, similar in all respects to the official ballot to be used at such election, except that they shall be printed on paper differing in color from that used for official or specimen ballots.

SECTION 67. Section 95 of said chapter 54 is hereby amended by striking out, in line 18, as so appearing, the words "of section one hundred and three O".

SECTION 67A. The third paragraph of section 103E of said chapter 54 is hereby amended by striking out the second sentence, as amended by section 8 of chapter 562 of the acts of 1985, and inserting in place thereof the following sentence:- There shall be included in the certificate to be executed by the witness in whose presence such person makes his affidavit a statement setting forth that such person has signed his name in the witness' presence, or that he was prevented by physical disability or inability to write from so signing, and that said signature was added by said witness.

SECTION 68. Section 5 of chapter 59 of the General Laws is hereby amended by striking out clause Four, as appearing in the 1984 Official Edition, and inserting in place thereof the following clause:-

Fourth, That portion of the real estate and buildings of incorporated horticultural societies used for their offices, libraries and buildings.

SECTION 68A. Clause Eleventh of said section 5 of said chapter 59, as so appearing, is hereby amended by striking out, in line 150, the word "for" and inserting in place thereof the word:- and.

SECTION 69. Section 77 of chapter 60 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 commissioner shall have the power in his discretion to grant such an extension for a period not exceeding one year from the date of the foreclosure, and thereafter, from time to time, upon similar applications, may in his discretion grant similar additional extensions.

SECTION 70. Section 3 of chapter 61 of the General Laws, as so appearing, is hereby amended by striking out, in line 22, the word "then" and inserting in place thereof the following word:- than.

SECTION 71. Chapter 61A of the General Laws is hereby amended by inserting before section 1 the following title:-

ASSESSMENT AND TAXATION OF AGRICULTURAL AND HORTICULTURAL LAND.

SECTION 72. Section 49A of chapter 62C of the General Laws, as so appearing, is hereby amended by striking out, in line 15, the word "forty-seven" and inserting in place thereof the word:- forty-seven A.

SECTION 73. Section 68A of chapter 63 of the General Laws, as so appearing, is hereby amended by striking out, in line 7, the word "determinaion" and inserting in place thereof the following word:- determination.

SECTION 74. Section 4 of chapter 64A of the General Laws, as so appearing, is hereby amended by striking out, in line 9, the word "exise" and inserting in place thereof the following word:- excise.

SECTION 75. The first paragraph of section 1 of chapter 64C of the General Laws, as so appearing, is hereby amended by striking out, in line 14, the word "licenses" and inserting in place thereof the following word:- licensees.

SECTION 76. Chapter 64H of the General Laws is hereby amended by striking out section 4, as so appearing, and inserting in place thereof the following section:-

Section 4. For the purpose of adding and collecting the tax imposed by this chapter, or an amount equal as nearly as possible or practicable to the average equivalent thereof, to be reimbursed to the vendor by the purchaser, the following formula shall be in force and effect as follows:- `t+1

`tcol(*)=2;c1=16%,55%,tf;c2=75%,11%,tf `t( `tch `tc1=16%,40%,tuc;temp Amount of Sale `tc2 Amount of Tax `tch;end `t+1 `tc1 $0.01 to $0.09 inclusive *No tax $0.10 to $0.29 inclusive *1 cent `t) $0.30 to $0.49 inclusive *2 cents `t+1 $0.50 to $0.69 inclusive *3 cents `t( $0.70 to $0.89 inclusive *4 cents $0.90 to $1.09 inclusive *5 cents `t) `tcol;end `t+1

In addition to a tax of five cents on each full dollar, a tax shall be collected on each part of a dollar in excess of a full dollar in accordance with the above formula.

SECTION 77. The last paragraph of section 3 of chapter 64J of the General Laws, as appearing in section 7 of chapter 145 of the acts of 1985, is hereby amended by striking out the last sentence and inserting in place thereof the following sentence:- Such records and written statements shall be in such form as the commissioner shall prescribe and shall be preserved by said licensees for a period of three years and shall be offered for inspection at any time upon oral or written demand by the commissioner or his duly authorized agent.

SECTION 78. The first paragraph of section 7D of chapter 69 of the General Laws, as appearing in the 1984 Official Edition, is hereby amended by striking out the last sentence and inserting in place thereof the following sentence:- Said scholarships shall be awarded by the board of regents, established by section two of chapter fifteen A.

SECTION 79. Chapter 70A of the General Laws is hereby amended by inserting before section 1 the following title:- `tuc EQUAL EDUCATIONAL OPPORTUNITY GRANTS.

SECTION 80. Section 15C of chapter 76 of the General Laws, inserted by section 1 of chapter 73 of the acts of 1985, is hereby amended by striking out, in line 6, the word "diptheria" and inserting in place thereof the following word:- diphtheria.

SECTION 81. Section 16C of chapter 83 of the General Laws, as appearing in the 1984 Official Edition, is hereby amended by striking out, in line 4, the word "firty-three" and inserting in place thereof the following word:- fifty-three.

SECTION 82. Chapter 90 of the General Laws is hereby amended by striking out section 19A, as amended by section 2 of chapter 771 of the acts of 1985, and inserting in place thereof the following section:-

Section 19A. Any provisions of sections thirty and thirty A of chapter eighty-five to the contrary, notwithstanding a motor vehicle having two axles, which vehicle with its load weighs not more than forty-six thousand pounds, and a motor vehicle, trailer, semitrailer, semitrailer unit or tandem unit having three or more axles, which unit or vehicle with its load weighs not more than eighty thousand pounds, may travel on a public way without a permit as required by sections thirty and thirty A of chapter eighty-five; provided, however, that no such motor vehicle, trailer, semitrailer, semitrailer unit or tandem unit, the weight on any axle of which, measured at the ground, exceeds twenty-two thousand four hundred pounds, or, in the case of axles spaced less than six feet apart, eighteen thousand pounds, shall so travel without such a permit; and provided, further, that such motor vehicle, trailer, semitrailer, semitrailer unit or tandem unit may not travel on a public way without such a permit if the overall gross weight on a group of two or more consecutive axles thereof exceeds the gross weight produced by application of the following formula: `ts `tcol(*)=2;c1=10%,25%,tur;c2=42%,58%,tu `t( `tc1 (L$THN* W = 500 (N-1*+ 12N + 36) `t) `tcol;end

`tm;i1=15,15

i1 where W = overall gross weight on any group of two or more consecutive axles to the nearest 500 pounds, L = distance in feet between the extreme of any group of two or more consecutive axles, and N = number of axles in group under consideration except that two consecutive sets of tandem axles may carry a gross load of 34,000 pounds, each providing the overall distance between the first and last axles of such consecutive sets of tandem axles is thirty-six feet or more; provided, that such overall gross weight may not exceed eighty thousand pounds.

Every operator of a motor vehicle operated on a way shall, upon request or direction of any officer authorized to enforce the provisions of this chapter, operate such motor vehicle with any trailer which may be attached thereto to and upon the nearest scales available to the commonwealth within a distance of not more than five miles and permit the weighing thereof together with its load. Whoever refuses to comply with the request or direction of such officer shall be punished by a fine of not less than three hundred nor more than five hundred dollars and the registrar may suspend such operator's license for not more than ninety days. Whenever such vehicle has been so weighed and is found to weigh in excess of the limits provided by this chapter, no person shall further operate it upon a way unless the gross weight shall have been reduced to comply with said limits by removal of the excess weight.

No motor vehicle, trailer, semitrailer, semitrailer unit or tandem unit shall be operated, nor shall the owner or bailee thereof require or authorize such operation, when the gross weight of such motor vehicle, trailer, semitrailer, semitrailer unit or tandem unit exceeds the weight provided by this chapter or that specified in any permit issued by the commissioner of public works under sections thirty and thirty A of chapter eighty-five, whichever is greater, but in no event in excess of the gross weight for which such vehicle is registered, except in the case of a vehicle owned or leased by a carrier that is not domiciled in this commonwealth and which has a permit under section thirty A of chapter eighty-five to operate in excess of its registered gross weight; nor shall any person load or cause to be loaded such vehicle in excess of such weights. If the gross weight of any such motor vehicle, trailer, semitrailer, semitrailer unit or tandem unit does not exceed one hundred and five per cent of the maximum gross weight provided by such permit, such motor vehicle, trailer, semitrailer, semitrailer unit or tandem unit shall not be deemed to be operating in violation of the provisions of sections thirty and thirty A of chapter eighty-five; but if the gross vehicle weight of such motor vehicle, trailer, semitrailer, semitrailer unit or tandem unit does exceed the said one hundred and five per cent of the maximum gross weight provided by said permit, any penalty provided by this chapter shall be determined on the difference between the actual gross weight of such motor vehicle, trailer, semitrailer, semitrailer unit or tandem unit and the weight authorized by this section or the weight authorized by the said permit for such motor vehicle, trailer, semitrailer, semitrailer unit or tandem unit, whichever weight is greater, at the time of such violation.

Upon the finding by an officer authorized to enforce the provisions of this chapter that a motor vehicle, trailer, semitrailer or semitrailer unit exceeds the said one hundred and five per cent of the maximum gross weight provided in said permit, or otherwise violates the conditions of any permit issued under sections thirty and thirty A of chapter eighty-five or section nineteen of this chapter, said officer may exercise reasonable discretion to prevent the continued transport of a load that is the principle cause of the violation. Neither the finding of such violation, nor the exercise of such reasonable discretion, however, shall be construed as nullifying or revoking any such permit, or as having any effect, beyond the actual citation of the violation, on the assessment of any penalties provided under section twenty.

In the weighing of any motor vehicle or trailer or semitrailer or semitrailer unit or tandem unit under this chapter, portable scales may be used; provided, however, that such scales have been approved by the director of standards under section twenty-nine of chapter ninety-eight; and, provided further, that such scales shall be inspected at least once in each year by the director of standards or his inspectors. No officer authorized to enforce the provisions of this chapter shall detain for weighing on portable scales more than two motor vehicles, with or without trailers or semitrailers attached thereto, at any one place at any one time.

In any prosecution for a violation of this section or of section nineteen or section thirty of chapter eighty-five, a signed certificate on oath of any person appointed under section eighty-seven A of chapter forty-one of the weight of any motor vehicle or trailer or semitrailer shall be admissible in evidence without further proof, and shall constitute prima facie evidence of the weight of the motor vehicle or trailer or semitrailer or semitrailer unit or tandem unit described in such certificate. The said certificate shall be in such form as the registrar shall prescribe and shall be signed and sworn to by a person appointed under said section eighty-seven A and present at the weighing of such motor vehicle or trailer or semitrailer or semitrailer unit or tandem unit, and the court shall take judicial notice of the signature of such person and that he is so appointed.

In any claim for bodily injuries or for damage to property arising out of such direction to a scale location or such weighing, any officer or employee of the commonwealth authorized to enforce the provisions of this chapter may file a written request with the attorney general that the attorney general defend him against an action for damages for bodily injuries, including death, or for damage to property arising out of such officer's enforcement of this section, and the provisions of section three B of chapter twelve shall apply to such action as if it had arisen out of the operation of a motor vehicle.

Notwithstanding the foregoing provisions of this section, nor any contrary provisions of section thirty of chapter eighty-five, a construction type motor vehicle or a motor vehicle designed and used for the hauling of refuse having two axles, which vehicle with its load weighs not more than twenty-three tons, or a motor vehicle carrying bulk feed, or a construction type semitrailer unit or tandem unit or motor vehicle having three axles, or a semitrailer unit or a tandem unit or motor vehicle having three axles while carrying liquid petroleum products, or a motor vehicle having three axles and designed and used for the hauling of refuse, which vehicle with its load weighs not more than thirty tons, may travel on a way while engaged in hauling construction materials or liquid petroleum products or bulk feed or refuse without a permit as required by said section thirty of said chapter eighty-five; provided, however, that the gross weight of such vehicle as operated does not exceed the gross vehicle weight rating as established by the original manufacturer of the chassis; and, provided further, that the vehicle is duly registered in this commonwealth for such weight. The operator of such a vehicle shall at all times comply with the speed limitations as provided by section seventeen.

SECTION 83. Said chapter 90 is hereby further amended by striking out section 20, as amended by chapter 385 of the acts of 1985, and inserting in place thereof the following section:-

Section 20. A person convicted of a violation of any provision of this chapter the punishment for which is not otherwise provided, or of a violation of any rule or regulation of the registrar made under authority of section thirty-one, shall be punished by a fine of not more than twenty-five dollars for the first offense, not less than twenty-five nor more than fifty dollars for a second offense, and not less than fifty nor more than one hundred dollars for subsequent offenses committed during any twelve-month period; provided, however, that any person convicted of operating or permitting the operation of a school bus carrying passengers in excess of the number authorized under section seven B shall be punished by a fine of not more than one hundred dollars or by imprisonment for not more than thirty days, or both, and that any person convicted of violating any of the provisions of section sixteen shall be punished by a fine of not less than twenty nor more than one hundred dollars, and that any person convicted of operating a motor vehicle, trailer, semitrailer, semitrailer unit or tandem unit in violation of section nineteen shall be punished by a fine of not more than one hundred dollars and that any person convicted of knowingly operating a motor vehicle, trailer, semitrailer, semitrailer unit or tandem unit or any owner or bailee convicted of requiring or permitting the operation thereof in violation of section nineteen A or of the terms of any permit issued under sections thirty and thirty A of chapter eighty-five shall be punished by a fine of thirty dollars for each one thousand pounds of weight or fraction thereof by which the gross weight of such motor vehicle, trailer, semitrailer, semitrailer unit or tandem unit as operated exceeds either that permitted by said section nineteen A or by permit issued for such motor vehicle, trailer, semitrailer, semitrailer unit or tandem unit under sections thirty and thirty A of chapter eighty-five, whichever is greater; provided, further, that if the total of such excess weight is greater than ten thousand pounds, the fine shall be sixty dollars for each one thousand pounds or fraction thereof over said ten thousand pounds; and, provided further, that in a case of so-called irreducible loads, if the owner or bailee of the motor vehicle, trailer, semitrailer, semitrailer unit or tandem unit, or his agent, servant or employee did not have reasonable means or opportunity to ascertain the weight of the load prior to applying for the permit, then the fine shall be ten dollars for each one thousand pounds of weight by which the gross weight of such motor vehicle, trailer, semitrailer, semitrailer unit or tandem unit as operated exceeds either that permitted by said section nineteen A or section thirty A or the gross weight specified in such permit but in no event more than five hundred dollars.

Any person convicted of a violation of the provisions of section seventeen, or of a violation of a special speed regulation lawfully made under the authority of section eighteen, shall be punished by a fine of not more than fifty dollars for the first offense, not less than fifty nor more than one hundred dollars for a second offense, and not less than one hundred nor more than two hundred dollars for subsequent offenses committed during any twelve-month period.

Any person convicted of a violation of the provisions of section seventeen while operating any motor vehicle, trailer, semitrailer, semitrailer unit or tandem unit under a permit issued under sections thirty and thirty A of chapter eighty-five and while the weight of such motor vehicle, trailer, semitrailer, semitrailer unit or tandem unit exceeds the limits provided in section nineteen A, exclusive of the additional limits provided in such permit, shall be punished by a fine of not more than one hundred dollars for the first offense, not less than one hundred nor more than one hundred and fifty dollars for a second offense committed in any twelve-month period, and not less than one hundred and fifty nor more than three hundred dollars for subsequent offenses committed in any twelve-month period, and complaints of such violations, notwithstanding the subsequent provisions of this section shall not be placed on file by the court.

A complaint against a person for a violation of section eleven or section sixteen or section seventeen or of a regulation made under section eighteen may be placed on file at the discretion of the court if the violation appears to have been unintentional or if no person or property could have been endangered thereby. Upon a third or subsequent conviction in the same year of a violation of section sixteen or section seventeen or of a regulation made under section eighteen, the registrar shall forthwith revoke the license of the person convicted, and no new license shall be issued to such person for at least thirty days after the date of such revocation, nor thereafter except in the discretion of the registrar.

Any person who operates, and any person who owns and permits to be operated, a motor vehicle or trailer that fails to meet the safety standards established by the registrar pursuant to said section seven A shall be punished by a fine of twenty-five dollars. Any person who fails to have a motor vehicle owned by him inspected for the safety inspection or safety and emissions inspection, as required pursuant to the provisions of sections seven A and seven V, or operates or allows a motor vehicle owned by him to be operated without a certificate of inspection or a certificate of rejection displayed in accordance with the provisions of said sections seven A and seven V and the rules and regulations relating thereto, shall be punished by a fine of fifty dollars. Any motor vehicle which is required to be inspected for the combined safety and emissions inspection pursuant to the provision of section seven A and fails to meet the requirements of said inspection and has not been issued a certificate of waiver under the provisions of clause (b) of section seven V shall be subject to suspension or revocation of the certificate of registration as may be prescribed by the registrar under section twenty-two. Any licensee who violates the provisions of section seven W shall be punished by a fine of not less than five hundred nor more than five thousand dollars.

SECTION 84. Section 1 of chapter 90C of the General Laws is hereby amended by striking out the definition of "Audit sheet", as appearing in the 1984 Official Edition, and inserting in place thereof the following definition:-

"Audit sheet", a sheet of paper which shall contain the consecutive numbers assigned to citations in the citation book in such form as the registrar shall approve, and which, upon return to the registrar, shall include but not be limited to the following information: a list of numbered citations therein with the name of the court to which the complaint was issued or an acknowledgement that the citation was spoiled, mutilated or otherwise voided by an agent of the police department or organization.

SECTION 85. Section 104 of chapter 92 of the General Laws, as so appearing, is hereby amended by striking out, in line 33, the word "Authority;" and inserting in place thereof the following word:- Authority.

SECTION 86. Section 1 of chapter 93 of the General Laws, as so appearing, is hereby amended by striking out, in lines 3 and 5, the word "act" and inserting in place thereof, in each instance, the following word:- chapter.

SECTION 87. Section 2 of said chapter 93, as so appearing, is hereby amended by striking out, in line 1, the word "act" and inserting in place thereof the following word:- chapter.

SECTION 88. Section 8 of said chapter 93, as so appearing, is hereby amended by striking out, in lines 3, 5, 40, 41, 99 and 102, the word "Act" and inserting in place thereof, in each instance, the following word:- act,- and by striking out, in line 43, the word "consititutes" and inserting in place thereof the word:- constitutes.

SECTION 88A. The first paragraph of section 70 of said chapter 93, as so appearing, is hereby amended by inserting after the word "mortgagor,", in line 4, the following word:- if.

SECTION 89. The first paragraph of section 74 of said chapter 93 is hereby amended by striking out, in line 14, as so appearing, the word "than" and inserting in place thereof the following word:- then.

SECTION 90. Section 9 of chapter 93A of the General Laws, as so appearing, is hereby amended by striking out paragraph (5).

SECTION 92. Section 13 of chapter 94A of the General Laws, as so appearing, is hereby amended by striking out, in line 32, the word "similiar" and inserting in place thereof the following word:- similar.

SECTION 93. Section 14 of said chapter 94A, as so appearing, is hereby amended by striking out, in line 5, the word "aquired" and inserting in place thereof the following word:- acquired.

SECTION 94. Chapter 103 of the General Laws is hereby amended by striking out section 18, as so appearing, and inserting in place thereof the following section:-

Section 18. A pilot shall be liable for all damages accruing from his negligence, unskillfulness or unfaithfulness.

SECTION 95. Section 8-202 of chapter 106 of the General Laws, as so appearing, is hereby amended by striking out, in line 26, the word "govenment" and inserting in place thereof the following word:- government.

SECTION 96. Section 8-306 of said chapter 106, as so appearing, is hereby amended by striking out, in line 52, the word "registerd" and inserting in place thereof the following word:- registered.

SECTION 97. Said chapter 106 is hereby further amended by striking out section 8-313, as so appearing, and inserting in place thereof the following section:-

Section 8-313. (1) Transfer of a security or a limited interest, including a security interest therein to a purchaser occurs only:

(a) at the time he or a person designated by him acquires possession of a certificated security;

(b) at the time the transfer, pledge, or release of an uncertificated security is registered to him or a person designated by him;

(c) at the time his financial intermediary acquires possession of a certificated security specially indorsed to or issued in the name of the purchaser;

(d) at the time a financial intermediary, not a clearing corporation, sends him confirmation of the purchase and also by book entry or otherwise identifies as belonging to the purchaser:

(i) a specific certificated security in the financial intermediary's possession,

(ii) a quantity of securities that constitute or are part of a fungible bulk of certificated securities in the financial intermediary's possession or of uncertificated securities registered in the name of the financial intermediary, or

(iii) a quantity of securities that constitute or are part of a fungible bulk of securities shown on the account of the financial intermediary on the books of another financial intermediary;

(e) with respect to an identified certificated security to be delivered while still in the possession of a third person, not a financial intermediary, at the time that person acknowledges that he holds for the purchaser;

(f) with respect to a specific uncertificated security the pledge or transfer of which has been registered to a third person, not a financial intermediary, at the time that person acknowledges that he holds for the purchaser;

(g) at the time appropriate entries to the account of the purchaser or a person designated by him on the books of a clearing corporation are made under section 8-320;

(h) with respect to the transfer of a security interest where the debtor has signed a security agreement containing a description of the security, at the time a written notification, which, in the case of the creation of the security interest, is signed by the debtor, which may be a copy of the security agreement, or which, in the case of the release or assignment of the security interest created pursuant to this paragraph, is signed by the secured party, is received by:

(i) a financial intermediary on whose books the interest of the transferor in the security appears,

(ii) a third person, not a financial intermediary, in possession of the security, if it is certificated,

(iii) a third person, not a financial intermediary, who is the registered owner of the security, if it is uncertificated and not subject to a registered pledge, or

(iv) a third person, not a financial intermediary, who is the registered pledgee of the security, if it is uncertificated and subject to a registered pledge;

(i) with respect to the transfer of a security interest where the transferor has signed a security agreement containing a description of the security, at the time new value is given by the secured party; or

(j) with respect to the transfer of a security interest where the secured party is a financial intermediary and the security has already been transferred to the financial intermediary under paragraph (a), (b), (c), (d), or (g), at the time the transferor has signed a security agreement containing a description of the security and value is given by the secured party.

(2) The purchaser is the owner of a security held for him by a financial intermediary, but cannot be a bona fide purchaser of a security so held except in the circumstances specified in paragraph (c), clause (i) of paragraph (d), and paragraph (g) of subsection (1). If a security so held is part of a fungible bulk, as in the circumstances specified in clauses (ii) and (iii) of paragraph (d) of said subsection (1), the purchaser is the owner of a proportionate property interest in the fungible bulk.

(3) Notice of an adverse claim received by the financial intermediary or by the purchaser after the financial intermediary takes delivery of a certificated security as a holder for value or after the transfer, pledge, or release of an uncertificated security has been registered free of the claim to a financial intermediary who has given value is not effective either as to the financial intermediary or as to the purchaser; provided, however, as between the financial intermediary and the purchaser the purchaser may demand transfer of an equivalent security as to which no notice of adverse claim has been received.

(4) A "financial intermediary" is a bank, broker, clearing corporation, or other person, or the nominee of any of them, which in the ordinary course of its business maintains security accounts for its customers and is acting in that capacity. A financial intermediary may have a security interest in securities held in account for its customer.

SECTION 97A. Section 8-321 of said chapter 106, as so appearing, is hereby amended by striking out subsection (2) and inserting in place thereof the following subsection:-

(2) A security interest so transferred pursuant to agreement by a transferor who has rights in the security to a transferee who has given value is a perfected security interest, but a security interest that has been transferred solely under paragraph (i) of subsection (1) of section 8-313 becomes unperfected after twenty-one days unless, within that time, the requirements for transfer under any other provision of said subsection (1) of said section 8-313 are satisfied.

SECTION 98. Section 9-302 of said chapter 106, as so appearing, is hereby amended by striking out, in line 47, the word "in" and inserting in place thereof the following word:- is.

SECTION 99. Paragraph (d) of subsection (4) of section 9-306 of said chapter 106, as so appearing, is hereby amended by striking out subparagraph (ii) and inserting in place thereof the following subparagraph:-

(ii) limited to an amount not greater than the amount of any cash proceeds received by the debtor within ten days before the institution of the insolvency proceedings less the sum of (1) the payments to the secured party on account of cash proceeds received by the debtor during such period and (2) the cash proceeds received by the debtor during such period to which the secured party is entitled under paragraphs (a) to (c), inclusive.

SECTION 100. Section 9-401 of said chapter 106, as so appearing, is hereby amended by striking out, in line 13, the word "were" and inserting in place thereof the following word:- where.

SECTION 101. Section 9-403 of said chapter 106, as so appearing, is hereby amended by striking out, in line 12, the word "become" and inserting in place thereof the following word:- becomes.

SECTION 102. Section 9-504 of said chapter 106, as so appearing, is hereby amended by striking out, in line 52, the word "secred" and inserting in place thereof the following word:- secured.

SECTION 103. Section 407 of chapter 110A of the General Laws, as so appearing, is hereby amended by striking out, in line 29, the word "any" and inserting in place thereof the following word:- may.

SECTION 104. Section 150B of chapter 111 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 definition of "facility" in section two of chapter twenty-one D shall apply to this section. Any such facility shall be subject to this section and not subject to section one hundred and fifty A.

SECTION 104A. Section 2 of chapter 111D of the General Laws is hereby amended by striking out, in line 26, as so appearing, the word "and",- and by striking out, in line 28, the word "chapter." and inserting in place thereof the following words:- chapter; and.

SECTION 105. Section 9E of chapter 112 of the General Laws is hereby amended by striking out the second paragraph, as amended by chapter 107 of the acts of 1985, and inserting in place thereof the following paragraph:-

Physicians assistants, depending upon their level of professional training and experience as determined by a supervising physician, may perform medical services of a general nature in assisting practitioners in their own practice, in group practices, or in health care facilities.

SECTION 106. Section 12A of said chapter 112 is hereby amended by striking out, in lines 6 and 9, as appearing in the 1984 Official Edition, the word "sanatarium" and inserting in place thereof, in each instance, the following word:- sanatorium.

SECTION 106A. Section 66A of said chapter 112, as appearing in section 3 of chapter 654 of the acts of 1985, is hereby amended by striking out the second paragraph and inserting in place thereof the following paragraph:-

For purposes of this section and sections sixty-eight and sixty-eight A, the term "diagnostic pharmaceutical agents" shall mean any topical anesthetic, mydriatic, or cycloplegic drug, except atropine and phenylephrine hydrochloride in ten per cent concentration, suitable for ocular examination procedures.

SECTION 106B. The second paragraph of section 68A of said chapter 112, as appearing in section 4 of said chapter 654, is hereby amended by striking out paragraph (B) and inserting in place thereof the following paragraph:-

(B) Ocular pharmacology: eight hours in ocular pharmacology and eight hours in the study of particular topically applied agents, including but not limited to, anesthetics, dyes, mydriatics, cycloplegics, and contact lens solutions.

SECTION 107. Section 148 of said chapter 112, as appearing in section 1 of chapter 759 of the acts of 1985, is hereby amended by striking out, in line 1, the figures "149 to 162" and inserting in place thereof the words:- one hundred and forty-nine to one hundred and sixty-two.

SECTION 107A. Section 149 of said chapter 112, as appearing in section 1 of chapter 759 of the acts of 1985, is hereby amended by striking out the first paragraph and inserting in place thereof the following paragraph:-

The board of registration in medicine shall form a committee on acupuncture. Committee members will be appointed by the board with the following qualifications: one member shall be a licensed physician member of the board, one member shall be a licensed physician who has been actively involved with the practice of acupuncture for at least two years, one member shall be from the general public and shall not be engaged in or have a financial interest in the delivery of health services, and four members shall be acupuncture practitioners, chosen from a list of recommended individuals submitted by the Massachusetts Acupuncture Society, the New England School of Acupuncture, the Acupuncture Practitioners Association, the Oriental Traditional Medical Association, and any other professional acupuncture organization or institution engaged in teaching acupuncture under the provisions of chapter seventy-five D.

SECTION 107B. Clause (d) of section 152 of said chapter 112, as so appearing, is hereby amended by striking out subclause (1) and inserting in place thereof the following subclause:-

(1) the applicant has successfully completed the equivalent of two academic years at an accredited university or college, including courses in anatomy, physiology, and biology, or has taken courses at a facility which is approved by the department of education to offer such courses, and has successfully completed a committee approved course of training in acupuncture of not less than two academic years, and one year of a committee approved acupuncture internship which may run concurrently with the two year academic course in acupuncture; and passes to the satisfaction of the committee an examination conducted by it to determine his fitness to engage in the practice of acupuncture, or.

SECTION 107C. Said clause (d) of said section 152 of said chapter 112, as so appearing, is hereby further amended by striking out subclauses (3) and (4) and inserting in place thereof the following two subclauses:-

(3) the applicant has legally practiced acupuncture as his primary activity since January first, nineteen hundred and eighty-three and has legally practiced acupuncture in the commonwealth for the twelve months immediately preceding the date of his application; and the applicant files his application within sixty days from the time the committee first accepts applications for the license to practice acupuncture; or

(4) the applicant is a legally practicing acupuncturist in the commonwealth on January first, nineteen hundred and eighty-six and the applicant files his application within sixty days from the time the committee first accepts applications for the license to practice acupuncture; and passes the examination administered by the committee as in clause (d). If any person so practicing acupuncture fails to pass the first announced examination, he may continue to practice acupuncture under the supervision of a licensed medical practitioner, as defined by the board of registration in medicine until the applicant takes the second announced examination. If any person so practicing acupuncture fails to pass the first and second announced examination, they must cease the practice of acupuncture upon due notice to the applicant of such failure.

SECTION 107D. Said chapter 112 is hereby further amended by striking out sections 156 and 157, as so appearing, and inserting in place thereof the following two sections:-

Section 156. Every licensed acupuncturist shall, during January of every year, apply to the committee for a renewal of his license and pay a fee which shall be determined annually by the commissioner of administration under the provisions of section three B of chapter seven. Any license not so renewed prior to April first in any such year shall automatically lapse on said date. The committee may in its discretion revive and extend a lapsed license on the payment of all unpaid renewal fees.

Section 157. A student of acupuncture who has creditably completed not less than one year of study in a committee approved acupuncture school, may practice acupuncture, but only in a committee approved internship program. Said internship program will require the supervision of interns by an instructor; which instructor shall be a registered and licensed acupuncturist in the commonwealth and a duly appointed field faculty member of a committee approved school of acupuncture. Said intern shall be identified as an acupuncture intern when in a clinical setting.

SECTION 107E. Section 158 of said chapter 112, as so appearing, is hereby amended by striking out clauses (d) and (e) and inserting in place thereof the following two clauses:-

(d) obtained or attempted to obtain licensure as an acupuncturist by fraud or deception;

(e) been grossly negligent in his practice as an acupuncturist.

SECTION 107F. Said chapter 112 is hereby further amended by striking out section 160, as so appearing, and inserting in place thereof the following section:-

Section 160. A person who does not possess a valid license and existing and current certificate of registration as an acupuncturist pursuant to the provisions of sections one hundred and forty-nine to one hundred and sixty-two, inclusive, shall not in any manner represent himself as an acupuncturist nor use in connection with his name the words or letters "Acupuncturist", "Licensed Acupuncturist", "Doctor of Acupuncture", "Acupuncture Therapist", "L.Ac.", "R.Ac.", or any other letter, words, abbreviations, or insignia indicating or implying that he is an acupuncturist. Whoever, not being lawfully authorized to practice acupuncture within the commonwealth and registered under section one hundred and fifty-five, holds himself out as a practitioner of acupuncture or practices or attempts to practice acupuncture, or whoever practices acupuncture under a false or assumed name or under a name other than that by which he is registered, or whoever impersonates another practitioner, or whoever practices or attempts to practice any fraud in connection with the filing of an application, or whoever files an application under a false or assumed name or under a name other than his own, or whoever impersonates or attempts to impersonate another applicant for registration during an examination, shall be punished by a fine of not less than one hundred nor more than one thousand dollars or by imprisonment for not less than one month nor more than one year, or both. A person rendering acupuncture services in violation of this section shall recover no compensation therefor.

SECTION 107G. Said chapter 112 is hereby further amended by striking out section 162, as so appearing, and inserting in place thereof the following section:-

Section 162. Nothing contained in sections one hundred and forty-nine to one hundred and sixty-two, inclusive, shall prohibit any person employed as an acupuncturist by an agency of the federal government from practicing acupuncture while discharging his official duties as such employee. Nothing contained herein shall prevent physical therapists from practicing transcutaneous nerve stimulation, the stimulation of muscle contractions for the purpose of diagnosis or rehabilitation, or other techniques in the context of standard Western Medical Procedure and neither defined as nor held out to be acupuncture. Nothing contained herein shall prevent licensed physicians, according to the laws set forth by the board of registry in medicine from practicing acupuncture.

SECTION 108. Section 2 of chapter 115 of the General Laws, as appearing in the 1984 Official Edition, is hereby amended by striking out, in line 55, the word "be" and inserting in place thereof the following word:- by.

SECTION 109. Section 2 of chapter 117 of the General Laws, as so appearing, is hereby amended by striking out, in line 4, the word "resident" and inserting in place thereof the following word:- Resident.

SECTION 110. The first paragraph of section 6 of chapter 118E 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 department may provide financial assistance for such additional medical care or services as said Title XIX and said regulations permit; provided, however, that the department shall provide financial assistance for at least intermediate care facility services, podiatrists' services, prescription authorized hearing aids, basic adult dental services, but not including orthodontry or cosmetic dentistry, eyeglasses for persons sixty-five years of age or older, and care for patients in mental or tuberculosis hospitals who are sixty-five years of age or older; and provided, further, that required hospital outpatient services may be performed by a clinic.

SECTION 111. Section 10 of said chapter 118E, as so appearing, is hereby amended by striking out, in line 29, the word "account." and inserting in place thereof the following word:- account.

SECTION 112. Section 21B of said chapter 118E, as so appearing, is hereby amended by striking out, in line 13, the word "or", the second time it appears, and inserting in place thereof the following word:- of.

SECTION 113. Section 23 of chapter 119 of the General Laws is hereby amended by striking out, in line 12, as so appearing, the word "terminal" and inserting in place thereof the following word:- terminable.

SECTION 114. Section 39E of said chapter 119, as so appearing, is hereby amended by striking out, in lines 19 and 20, the word "eighteen" and inserting in place thereof, in each instance, the following word:- nineteen.

SECTION 115. Section 52 of said chapter 119, as so appearing, is hereby amended by striking out, in line 6, the word "Spingfield" and inserting in place thereof the following word:- Springfield.

SECTION 116. Section 58 of said chapter 119, as so appearing, is hereby amended by striking out the fourth paragraph and inserting in place thereof the following paragraph:-

The court may commit such delinquent child to the department of youth services, but it shall not commit such child to a jail or house of correction, nor to the Lyman school, the industrial school for boys, or the industrial school for girls, nor to any other institution supported by the commonwealth for the custody, care and training of delinquent children or juvenile offenders.

SECTION 117. Clause (k) of section 26 of chapter 121B of the General Laws, as so appearing, is hereby amended by striking out paragraph (5) and inserting in place thereof the following paragraph:-

(5) determined that the proceeds of such sale or other funds available to the housing authority for such project, or both, shall not be less than the amount necessary to pay in full the principal of and interest on the outstanding obligations of the housing authority with respect to such existing project if the whole is sold or not less than that percentage of such obligations which the original cost of the part sold bears to the total original cost of the entire existing project if a part is sold. Such amount of proceeds or other funds necessary to pay in full such obligations or percentage thereof shall be deposited in trust for the benefit of the holders of such outstanding obligations and until and unless all such obligations are paid and discharged in full said proceeds and other funds shall be expended solely for payment of principal and interest thereon.

SECTION 118. Chapter 121C of the General Laws is hereby amended by striking out section 14, as so appearing, and inserting in place thereof the following section:-

Section 14. Revenue bonds and revenue refunding bonds issued under the provisions of this chapter 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 and within the limits set by section fourteen of chapter one hundred and sixty-seven E, banking associations, investment companies, executors, trustees and other fiduciaries, and all other persons whatsoever who are now or may hereafter be authorized to invest in bonds or other obligations of a similar nature may properly and legally invest funds, including capital in their control or belonging to them; and such bonds are hereby made obligations which may properly and legally be made eligible for the investment of savings deposits and the income thereof in the manner provided by section two of chapter one hundred and sixty-seven F. Such bonds are hereby made securities which may properly and legally be deposited with and received by any state or municipal officer or any agency or political subdivision of the commonwealth for any purpose for which the deposit of bonds or other obligations of the commonwealth is now or may hereafter be authorized by law.

SECTION 119. Chapter 128 of the General Laws is hereby amended by striking out section 2, as most recently amended by section 2 of chapter 277 of the acts of 1986, and inserting in place thereof the following section:-

Section 2. The department through its proper divisions shall have power to-

(a) Execute and carry into effect the laws relative to dairy products, animal breeding, apple grading, plant pest control except the gypsy and brown tail moths and the tent caterpillars, apiary inspection, and the production, storage, marketing and distribution of agricultural products.

(b) Aid in the promotion and development of the agricultural resources of the commonwealth and the improvement of conditions of rural life, the settlement of farms and the distribution of the supply of farm labor.

(c) Establish a foreign trade section in the division of agricultural development and investigate the cost of production and marketing in all phases, and the sources of supply, of agricultural, aquacultural, floricultural or horticultural commodities, transportation, storage, marketing and distribution of said products sold, offered for sale, stored or held within the commonwealth.

(d) Collect and disseminate data and statistics as to the food, flowers and other horticultural products produced, marketed, stored or held within the commonwealth, with the quantities available from time to time and the location thereof.

(e) Investigate and aid improved methods of co-operative production, marketing and distribution of agricultural products within the commonwealth.

(f) Offer prizes for and conduct exhibits of flowers, fruit, vegetables, grasses, grains or other farm crops, dairy products, honey, horses, breeding ponies, cattle, sheep, swine, poultry, poultry products, rabbits, hares, dairy goats, farm operations, and canned and dried fruits and vegetables and offer prizes for, and in aid of, the elimination and suppression of insect pests. The department may also offer prizes for, and in aid of, such agriculturally related youth programs as the commissioner may deem approved. To properly display exhibits authorized in this paragraph, the department may expend such sums as may be appropriated therefor for the painting, renovation, remodeling and maintenance of the state agricultural and industrial building in the town of West Springfield and in the city of Brockton.

(g) To promote, develop and encourage through the Massachusetts Thoroughbred Breeding Program, breeding of thoroughbred horses in the commonwealth, by offering: a cash prize to the breeder of a Massachusetts bred thoroughbred horse, equal to twenty-five per cent of the purse monies won by said thoroughbred horse in any pari-mutuel running horse race if said horse finishes first, second or third; a cash prize of fifteen per cent of the purse won by said horse to the owner of the stallion, at the time of service to the dam of such purse winner; provided, however, that (i) the stallion stood the breeding season of February through June in the commonwealth, (ii) the horse finishes first, second or third, and (iii) said stallion is registered with the department of food and agriculture; a cash prize equal to twenty per cent of the purse monies won by said thoroughbred horse in any unrestricted pari-mutuel running horse race to the owner of a Massachusetts bred horse if said horse finishes first, second or third.

The department is further authorized to pay cash purses for stakes races to be limited to Massachusetts bred thoroughbred race horses from the Massachusetts thoroughbred breeding program at licensed pari-mutuel race meetings authorized by the state racing commission. Such races may be betting or non-betting races and may or may not be scheduled races by the licensee conducting the racing meeting. Purse monies paid by the department under this section may be in such amounts as the department shall determine and may be the sole cash purse for such races or may be supplemental to the cash purses established by the licensee; provided, however, that no person, partnership, corporation or group of persons may receive more than five thousand dollars as a cash prize breeder's award from the department of food and agriculture for an individual horse race within the commonwealth. For the purposes of this section a horse race shall mean a thoroughbred race of any kind held within the commonwealth.

No person shall be eligible for the prizes provided herein unless the following standards are met:

(1) The foal of a thoroughbred mare that drops said foal in the commonwealth, and is bred back to a Massachusetts registered stallion shall be Massachusetts bred; or

(2) The foal of a thoroughbred mare who resides in the commonwealth from the fifteenth day of October of the year prior to foaling, and continues such residence until foaling and foals in the commonwealth shall be Massachusetts bred.

(3) In either the case of subparagraph (1) or (2), each thoroughbred foal dropped in the commonwealth shall be registered with the Jockey Club, the department of food and agriculture, and the Massachusetts Thoroughbred Breeders Association.

(4) Prior to the first day of September of each year, each person standing a thoroughbred stallion in the commonwealth at either private or public service shall file with the department of food and agriculture: (a) a list of all thoroughbred mares bred to such stallion in that year; and (b) a verified statement representing that said stallion stood the entire breeding season in the commonwealth.

The department is further authorized to expend up to eight per cent of the amount appropriated each fiscal year to said program for advertising, marketing and promotion of thoroughbred breeding in Massachusetts.

(h) Allot to fairs monies for the purchase, rental or installation of facilities to further aid in the display of exhibits and the health and comfort of the general public; provided, however, monies shall not be expended on any portion of the fair used for horse or dog racing.

It may also publish annually a leaflet relative to trees and birds, which shall be approved by the commissioner of education, and may distribute the same to the superintendents and teachers of rural and suburban public schools prior to Arbor and Bird Day.

(i) To promote, develop and encourage through the Massachusetts greyhound breeding program, breeding of racing greyhounds in the commonwealth by offering: a cash prize to the breeder of a Massachusetts bred greyhound, equal to not more than twenty-five per cent of the purse monies won by said greyhound in any pari-mutuel greyhound race if said greyhound finishes first, second or third; a cash prize of not more than fifteen per cent of the purse won by said greyhound to the owner of the stud; provided, however, that (i) the stud stood in the commonwealth at the time of service to the bitch and the owner of the stud was a Massachusetts resident, (ii) the greyhound finishes first, second or third and (iii) the stud is registered with the department as a stud standing in Massachusetts at the time of mating; and a cash prize equal to not more than five per cent of the purse monies won by said greyhound in any unrestricted pari-mutuel greyhound race to the owner of a Massachusetts bred greyhound if said greyhound finishes first, second or third.

The department is further authorized to pay cash purses for stakes races to be limited to Massachusetts bred greyhounds from the Massachusetts greyhound breeding program at licensed pari-mutuel race meetings authorized by the state racing commission. Such races may be betting or nonbetting races and may or may not be races scheduled by the licensee conducting the racing meeting. Purse monies and prize monies paid by the department under this section may be in such amounts as the department shall determine and may be the sole cash purse for such races or may be in supplement to the cash purses established by the licensee.

No person shall be eligible for the prizes provided herein unless all of the following standards are met:

(1) the stud is standing in Massachusetts at the time of mating and is owned or leased by a Massachusetts resident; and

(2) the greyhound is whelped in Massachusetts from a bitch owned by a Massachusetts resident; and

(3) the greyhound is physically present within Massachusetts for the first six months of the first year following the date such greyhound was whelped; and

(4) the greyhound is certified as a Massachusetts bred greyhound by the department.

The department shall, with the approval of the state racing commission, and after public hearing, adopt rules and regulations for the expenditure of sums appropriated to carry out the provisions of this paragraph and for the registration of Massachusetts bred greyhounds. Said rules and regulations shall contain provisions for the eligibility of greyhounds for participation in such program where such greyhounds were whelped in Massachusetts prior to November first, nineteen hundred and eighty-six, which greyhounds may be deemed to be Massachusetts bred for purposes of this paragraph. Said rules and regulations shall be subject to section nine B of chapter one hundred and twenty-eight A, in the same manner as if they had been adopted by the commission.

The department shall establish rules and regulations to provide for the expenditure of monies in compliance with the provisions of paragraphs (b), (f), (g), and (i). Before establishing such rules, the commissioner, after reasonable notice setting forth the date, place and purpose, shall hold a public hearing relative to such rules.

SECTION 120. Section 103 of said chapter 128, as appearing in the 1984 Official Edition, is hereby amended by striking out, in line 45, the word "perserving" and inserting in place thereof the following word:- preserving.

SECTION 121. Section 105 of said chapter 128, as so appearing, is hereby amended by striking out, in line 17, the word "paticipating" and inserting in place thereof the following word:- participating.

SECTION 122. Section 20 of chapter 131 of the General Laws is hereby amended by striking out, in line 9, as so appearing, the first time it appears, the word "of".

SECTION 122A. Said section 20 of said chapter 131, as amended by section 38 of chapter 231 of the acts of 1985, is hereby further amended by striking out, in line 13, the word "a" and inserting in place thereof the following word:- an.

SECTION 122B. Section 16 of chapter 132 of the General Laws, as amended by section 6 of chapter 765 of the acts of 1985, is hereby further amended by striking out the second paragraph and inserting in place thereof the following paragraph:-

Application for financial assistance as provided by the bureau must be received annually by the chief superintendent. Reimbursements shall not exceed fifty per cent of the expenditures made by the city or town and shall be based on a program of evaluation as may be adopted by said chief superintendent, with the approval of the commissioner.

SECTION 123. Subsection (a) of section 19B of chapter 138 of the General Laws, as appearing in the 1984 Official Edition, is hereby amended by striking out, in line 2, the first time it appears, the word "a".

SECTION 124. Section 21 of said chapter 138, as so appearing, is hereby amended by striking out, in line 8, the word "farmer-brewer" and inserting in place thereof the following word:- , farmer-brewer.

SECTION 125. Section 32 of said chapter 138, as so appearing, is hereby amended by striking out the second sentence and inserting in place thereof the following sentence:- All sales of such beverages under section fifteen and all sales thereof by a licensee under section eighteen, nineteen, nineteen B or nineteen C where transportation and delivery are required, shall be made only upon orders actually received at the licensed place of business prior to the shipment thereof.

SECTION 126. Section 32J of chapter 140 of the General Laws is hereby amended by striking out the last paragraph, added by chapter 554 of the acts of 1985, and inserting in place thereof the following paragraph:-

For the purposes of this section, upon the death of a mobile home park tenant such tenancy shall continue in the estate of such tenant for a period of one year from the date of death or one year from the appointment of an executor or administrator, whichever first occurs.

SECTION 127. Section 1 of chapter 140D of the General Laws, as appearing in the 1984 Official Edition, is hereby amended by striking out, in line 25, the word "propogates" and inserting in place thereof the following word:- propagates.

SECTION 128. Subsection (a) of section 4 of said chapter 140D, as so appearing, is hereby amended by striking out, in line 7, the word "an" and inserting in place thereof the following word:- a.

SECTION 129. Section 2A of chapter 141 of the General Laws, as so appearing, is hereby amended by striking out, in line 6, the word "sufficently" and inserting in place thereof the following word:- sufficiently.

SECTION 130. Section nine of chapter one hundred and forty-two of the General Laws is hereby repealed.

SECTION 132. Section 71L of said chapter 143, as so appearing, is hereby amended by inserting after the word "may", in line 12, the following word:- by.

SECTION 133. Section 10L of chapter 147 of the General Laws, as so appearing, is hereby amended by striking out, in line 5, the words "and ten K" and inserting in place thereof the following words:- , ten K and ten M.

SECTION 134. Chapter 149 of the General Laws is hereby amended by striking out section 29B, as amended by section 2 of chapter 228 of the acts of 1985, and inserting in place thereof the following section:-

Section 29B. No provision in specifications inviting bids for construction work reserving the right to waive or cancel the requirement for furnishing a payment bond shall be valid as a defense against a claimant who relied upon the provision requiring the furnishing of the payment bond unless that reservation appears in the specifications immediately following the provision requiring the furnishing of the payment bond.

SECTION 135. Said chapter 149 is hereby further amended by striking out section 29C, as most recently amended by section 3 of said chapter 228, and inserting in place thereof the following section:-

Section 29C. Any provision for or in connection with a contract for construction, reconstruction, installation, alteration, remodeling, repair, demolition or maintenance work, including without limitation, excavation, backfilling or grading, on any building or structure, whether underground or above ground, or on any real property, including without limitation any road, bridge, tunnel, sewer, water or other utility line, which requires a subcontractor to indemnify any party for injury to persons or damage to property not caused by the subcontractor or its employees, agents or subcontractors, shall be void.

SECTION 136. Subsection (2) of section 44F of said chapter 149, as appearing in the 1984 Official Edition, is hereby amended by striking out paragraph E and inserting in place thereof the following paragraph:-

E. The names of all persons, firms and corporations furnishing to the undersigned labor or labor and materials for the class or classes or part thereof of work for which the provisions of the section of the specifications for this sub-trade require a listing in this paragraph, including the undersigned if customarily furnished by persons on his own payroll and in the absence of a contrary provision in the specifications, the name of each such class of work or part thereto and the bid price for such class of work or part thereof are:

`t+1 `tcol(*)=3;c1=9,4,tuc;c2=36,13,tuc;c3=67,9,tuc `tc1 Name `tc2 Class of Work `tc3 Bid price `tcol;end `t+1 `tcol(*)=3;c1=1,21;c2=31,22;c3=63,17,tf `tc1 * * * * * * * * * * * * `tcol;end `t+1

(Do not give bid price for any class or part thereof furnished by undersigned.)

SECTION 137. Subsection (4) of said section 44F of said chapter 149, as so appearing, is hereby amended by striking out, in line 432, the word "doucments" and inserting in place thereof the following word:- documents.

SECTION 138. Section 44H of said chapter 149, as amended by chapter 808 of the acts of 1985, is hereby further amended by striking out the last sentence and inserting in place thereof the following sentence:- He shall have all the necessary powers to require compliance therewith including the power to institute and prosecute proceedings in the superior court to restrain the award of contracts and the performance of contracts in all cases where, after investigation of the facts, he has made a finding that such award or performance has resulted in violation, directly or indirectly, of the provisions of said sections forty-four A to forty-four H, inclusive, or of said section thirty-nine M or of said sections thirty-eight C to thirty-eight N, inclusive, and he shall not be required to pay the clerk of the court any entry fee in connection with the institution of any such proceeding.

SECTION 138A. The definition of "Wages" in section 71A of chapter 151A of the General Laws, as amended by section 1 of chapter 256 of the acts of 1986, is hereby further amended by striking out, in line 7, the word "potential" and inserting in place thereof the following word:- partial.

SECTION 139. Section 1 of chapter 151D of the General Laws, as appearing in the 1984 Official Edition, is hereby amended by striking out, in line 112, the word "filled" and inserting in place thereof the following word:- filed.

SECTION 140. Section 10A of chapter 152 of the General Laws, inserted by section 24 of chapter 572 of the acts of 1985, is hereby amended by striking out the first sentence and inserting in place thereof the following sentence:- Upon referral from the division of administration of a claim for compensation or a complaint requesting a modification or discontinuance of benefits, the case shall be immediately assigned by the director of dispute resolution to a board member.

SECTION 141. Said section 10A of said chapter 152, as so inserted, is hereby further amended by striking out the fourth sentence and inserting in place thereof the following sentence:- If on the evidence available at the conference, or if there is no conference within twenty-eight days, based on evidence available at the time, the member determines that weekly compensation or medical benefits should be modified or terminated, he shall forthwith file a written temporary order modifying or discontinuing weekly compensation or medical benefits.

SECTION 142. Section 11A of said chapter 152, as appearing in section 25 of said chapter 572, is hereby amended by striking out, in line 1, the first time it appears, the word "the".

SECTION 143. Section 2 of chapter 156A of the General Laws, as appearing in section 1 of chapter 774 of the acts of 1985, is hereby amended by striking out paragraph (b) and inserting in place thereof the following paragraph:-

(b) "Professional service", (i) the service performed by registered physicians and surgeons, chiropractors, podiatrists, engineers, electrologists, physical therapists, psychologists, certified public accountants, public accountants, dentists, veterinarians, optometrists and acupuncturists, so long as the foregoing are registered or licensed under the provisions of chapter one hundred and twelve; and by attorneys-at-law admitted to practice in the courts of the commonwealth under chapter two hundred and twenty-one; (ii) any other type of service which may be rendered only pursuant to a license pursuant to the laws of the commonwealth, if the applicable regulating boards permit the licensed person to incorporate his profession under this chapter, or if such licensed person elects to incorporate his profession under this chapter and such incorporation is not prohibited by law or by regulations of the applicable regulating board.

SECTION 144. Section 1 of chapter 161A of the General Laws, as appearing in the 1984 Official Edition, is hereby amended by striking out the definitions of "Secretary" and "Department", and inserting in place thereof the following two definitions:-

"Secretary", the secretary of the executive office of transportation and construction.

"Department", the executive office of transportation and construction.

SECTION 145. Paragraph (a) of section 4 of said chapter 161A, as so appearing, is hereby amended by striking out, in line 18, the word "and".

SECTION 145A. Paragraph (a) of said section 161A, as so appearing, is hereby amended by striking out, in line 27, the word "agree." and inserting in place thereof the following words:- agree; and.

SECTION 146. The fifth paragraph of section 94G 1/2 of chapter 164 of the General Laws, as so appearing, is hereby amended by striking out the definition of "Date of initial conversion" and inserting in place thereof the following definition:-

"Date of initial conversion", the first day on which an existing oil-burning electric generating facility generates electricity or is certified as having the capacity to so generate electricity for continuous distribution to customers by the combustion of coal, whether or not additional facilities must be constructed or installed.

SECTION 147. Section 130 of said chapter 164, as so appearing, is hereby amended by striking out the first paragraph and inserting in place thereof the following paragraph:-

A municipal electric department is hereby authorized, upon a vote of its municipal light board, to participate in a fund and obligate itself, solely from its revenues and as an expense of such department, to pay actuarially-sound premiums or such other reasonable premiums as may be mutually agreed upon.

SECTION 148. Section 15 of chapter 167 of the General Laws, as so appearing, is hereby amended by striking out, in line 20, the words "et. seq." and inserting in place thereof the following words:- et seq.

SECTION 149. Section 34 of chapter 167D of the General Laws, added by chapter 222 of the acts of 1984, is hereby amended by striking out, in line 3, the word "two" and inserting in place thereof the following words:- four hundred and one.

SECTION 150. Said chapter 167D is hereby further amended by striking out section 34, inserted by section 1 of chapter 390 of the acts of 1984, and inserting in place thereof the following section:-

Section 35. (a) For the purposes of this section, the following terms shall have the following meanings:

"Account", demand deposit, negotiable withdrawal order account, savings deposit, share account or other asset account;

"Banking institution", every state-chartered bank and credit union, every federally chartered bank as defined in section one, and foreign banks authorized to do business in the commonwealth; and

"Item", an item as defined in section 4-104 of chapter one hundred and six.

(b) Each banking institution, shall disclose to account holders its policy relative to the time period between the deposit of funds by means of a check, negotiable order of withdrawal or money order and the availability of such deposit for withdrawal or use as of right.

Such disclosure shall be given to a customer in writing at the time such account is opened and shall be included with any monthly or other periodic statement issued relative to each such account.

Every such banking institution shall also post in a conspicuous place in each of its offices, other than an electronic branch as defined in section one of chapter one hundred and sixty-seven B, a notice which sets forth such policy.

(c) The commissioner shall promulgate regulations, which may be amended from time to time, establishing a reasonable period of time within which a banking institution must permit a retail banking customer to draw, as of right, on an item which has been received for deposit in the customer's account. The commissioner is authorized to gather from banking institutions such information as may be required for the promulgation of the regulations required by this section.

SECTION 151. Section 25 of chapter 168 of the General Laws, as appearing in the 1984 Official Edition, is hereby amended by striking out, in line 7, the word "paragragh" and inserting in place thereof the following word:- paragraph.

SECTION 151A. The first paragraph of section 19 of chapter 170 of the General Laws, as appearing in chapter 111 of the acts of 1986, is hereby amended by striking out, in line 14, the word "by" and inserting in place thereof the following word:- to.

SECTION 152. Section 26B of chapter 170 of the General Laws, as appearing in the 1984 Official Edition, is hereby amended by striking out, in line 104, the word "federal".

SECTION 152A. The first paragraph of section 18 of chapter 172 of the General Laws, as appearing in chapter 180 of the acts of 1986, is hereby amended by striking out, in line 15, the word "by" and inserting in place thereof the following word:- to.

SECTION 153. Section 9 of chapter 175 of the General Laws, as appearing in the 1984 Official Edition, is hereby amended by striking out, in line 80, the word (and) and inserting in place thereof the following word:- and.

SECTION 154. Section 65 of said chapter 175, as so appearing, is hereby amended by striking out, in line 4, the words "paragraph 7 or paragraph 7A" and inserting in place thereof the following words:- paragraph 7, 7A or 7B.

SECTION 154A. Said section 65 of said chapter 175, as so appearing, is hereby further amended by striking out, in lines 24 and 25, the words "paragraphs 7 and 7A" and inserting in place thereof the following words:- paragraph 7, 7A or 7B.

SECTION 155. The last paragraph of section 110G of said chapter 175, as so appearing, is hereby amended by striking out the last sentence and inserting in place thereof the following sentence:- Otherwise, the requirements of this paragraph shall be deemed to be controlling.

SECTION 156. Said chapter 175 is hereby further amended by striking out section 147, inserted by section 17 of chapter 745 of the acts of 1985, and inserting in place thereof the following section:-

Section 146B. (1) This section may be referred to and cited as the "Massachusetts Life and Health Insurance Guaranty Association Law".

(2) As used in this section the following words shall, unless the context otherwise requires, have the following meanings:-

"Account", any of the three accounts created under subsection (6).

"Association", the Massachusetts Life and Health Insurance Guaranty Association created under subsection (6).

"Contractual obligation", any obligation under a policy or contract or portion thereof for which coverage is provided under subsection (4).

"Covered policy or contract", any policy, contract or group certificate within the scope of this section as provided in subsection (4).

"Impaired insurer", a member insurer which, is not an insolvent insurer, and (a) is deemed by the commissioner to be potentially unable to meet its obligations, or (b) is placed under an order of rehabilitation or conservation by a court of competent jurisdiction.

"Insolvent insurer", a member insurer which is placed under an order of liquidation by a court of competent jurisdiction with a finding of insolvency.

"Member insurer", any insurer licensed or which holds a certificate of authority to transact in the commonwealth any kind of insurance for which coverage is provided under subsection (4) and any insurer whose license or certificate of authority to transact in the commonwealth such insurance may have been suspended, revoked, not renewed, or voluntarily withdrawn after the effective date of this section, other than a (a) fraternal benefit society, (b) mutual protective association, (c) mutual assessment company or other entity that operates on an assessment basis, (d) medical service corporation, (e) hospital service corporation, (f) health maintenance organization, (g) dental service corporation, (h) optometric service corporation, (i) mandatory state pooling plan, (j) insurance exchange, (k) savings and insurance bank as defined in section one of chapter one hundred and seventy-eight or other depository underwriting insurance subject to analogous terms and conditions, or (j) any other entity similar to any of the above.

"NAIC", the National Association of Insurance Commissioners or its successor organization.

"Person", any individual, corporation, partnership, association or voluntary organization.

"Premiums", amounts received on covered policies or contracts, less premiums, considerations and deposits returned thereon, and less dividends and experience credits thereon. Premiums does not include any amount received for any policies or contracts or for the portions of any policies or contracts for which coverage is not provided under paragraph (B) of subsection (4), except for subclause (d) of clause (2) of said paragraph (B) and clause (3) of paragraph (B).

"Published monthly average", the monthly average of the composite yield on seasoned corporate bonds as:- (a) published by Moody's Investors Service, Inc., or any successor thereto, or (b) established by regulation promulgated by the commissioner setting forth a substantially similar average in the event that such monthly average is no longer so published.

"Resident", any person who resides in the commonwealth at the time a member insurer is determined to be an impaired or insolvent insurer and to whom a contractual obligation is owed. A person may be a resident of only one state, which in the case of a person, other than a natural person, shall be its principal place of business.

"Supplemental contract", any agreement entered into for the distribution of policy or contract proceeds.

(3) The purpose of this section is to protect, subject to certain limitations, the persons specified in paragraph (A) of subsection (4), against failure in the performance of contractual obligations, under life and health insurance policies and annuity contracts specified in paragraph (B) of said subsection (4), because of the impairment or insolvency of the member insurer that issued the policies or contracts. To provide such protection, an association of insurers, the members of which are subject to assessment, is hereby created to pay benefits and to continue coverages, as limited herein.

(4) (A) This section shall provide coverage for the policies and contracts specified in paragraph (B) of this subsection:-

(1) To persons who, regardless of where they reside except for nonresident certificate holders under group policies or contracts, are the beneficiaries, assignees or payees of the persons covered under clause (2), and

(2) To persons who are owners of such policies or contracts, or are insureds or annuitants under such policies or contracts, and who (a) are residents, or (b) are not residents, but only under all of the following conditions: (i) the insurers which issued such policies or contracts are domiciled in the commonwealth, (ii) such insurers never held a license or certificate of authority in the states in which such persons reside, (iii) such states have a life and health insurance guaranty association, and (iv) such persons are not eligible for coverage by such guaranty association.

(B) (1) This section shall provide coverage to the persons specified in paragraph (A) of this subsection for direct, nongroup life, health, annuity, and supplemental policies or contracts, and for certificates under direct group life and health insurance policies or annuity or supplemental contracts issued by member insurers, except as otherwise limited in this section.

(2) This section shall not provide coverage under:-

(a) any portion of a policy or contract not guaranteed by the insurer, or under which the risk is borne by the policy or contract holder;

(b) any policy or contract of reinsurance, other than reinsurance for which assumption certificates have been issued;

(c) any annuity contract or group annuity certificate that is not issued to and owned by an individual, except to the extent of any annuity benefits guaranteed to an individual by the insurer under any such contract or certificate;

(d) any portion of a policy or contract to the extent that the rate of interest on which it is based, (i) averaged over the period of four years prior to the date on which the association becomes obligated with respect to such policy or contract, exceeds the rate of interest determined by subtracting two percentage points from the published monthly average as averaged for the same four year period, and (ii) on and after the date on which the association becomes obligated with respect to such policy or contract, exceeds the rate of interest determined by subtracting three percentage points from the published monthly average as most recently available on the date on which the association becomes obligated with respect to such policy or contract;

(e) any plan or program of an employer, association or similar entity to provide life, health, or annuity benefits to its employees or members to the extent that such plan or program is self-funded or uninsured, including but not limited to benefits payable by an employer, association or similar entity under (i) a Multiple Employer Welfare Arrangement as defined in Section 514 of the Employee Retirement Income Security Act of 1974, as amended; (ii) a minimum premium group insurance plan; (iii) a stop-loss group insurance plan; or (iv) an administrative services only contract;

(f) any portion of a policy or contract to the extent that it provides dividends or experience rating credits, or provides that any fees or allowances be paid to any person, including the policy or contract holder, in connection with the service to or administration of such policy or contract; and

(g) any policy or contract issued in the commonwealth by a member insurer at a time when it was not licensed or did not have a certificate of authority to issue such policy or contract in the commonwealth.

(3) The benefits for which the association may become liable shall in no event exceed the lesser of:

(a) the contractual obligations for which the insurer is liable or would have been liable if it were not an impaired or insolvent insurer, or

(b) with respect to any one life: (i) three hundred thousand dollars in life insurance death benefits, but not more than one hundred thousand dollars in net cash surrender and net cash withdrawal values under life insurance policies; (ii) one hundred thousand dollars in health insurance benefits, including any net cash surrender and net cash withdrawal values; (iii) one hundred thousand dollars in the present value of annuity benefits, including net cash surrender and net cash withdrawal values; but in no event shall the association's liability exceed three hundred thousand dollars in the aggregate for all life insurance, health insurance and annuity benefits, including net cash surrender and net cash withdrawal values.

(C) The protection provided by this section shall not apply where any guaranty protection is provided, independent of this section, to residents of the commonwealth by laws of the domiciliary state or jurisdiction of an impaired or insolvent insurer.

(5) This section shall be liberally construed to effect the purpose under subsection (3) which shall constitute an aid and guide to interpretation.

(6) (A) There is created a nonprofit, legal entity to be known as the Massachusetts Life and Health Insurance Guaranty Association. All member insurers shall be and remain members of the association as a condition of their authority to transact insurance in the commonwealth. The association shall perform its functions under the plan of operation established and approved under subsection (10) and shall exercise its powers through a board of directors established under subsection (7). For purposes of administration and assessment, the association shall maintain three accounts:

(1) the health insurance account;

(2) the life insurance account; and

(3) the annuity account.

(B) The association shall be under the immediate supervision of the commissioner.

(7) (A) The board of directors of the association shall consist of not less than five nor more than nine member insurers serving terms as established in the plan of operation. The members of the board of directors shall be selected by member insurers subject to the approval of the commissioner. Vacancies on the board of directors shall be filled for the remaining period of the term by a majority vote of the remaining board members, subject to the approval of the commissioner. To select the initial board of directors, and initially organize the association, the commissioner shall give notice to all member insurers of the time and place of the organizational meeting. In determining voting rights at the organizational meeting each member shall be entitled to one vote in person or by proxy. If the board of directors is not selected within sixty days after notice of the organizational meeting, the commissioner may appoint the initial members.

(B) In approving selections or in appointing members to the board of directors, the commissioner shall consider, among other things, whether member insurers are fairly represented.

(C) Members of the board of directors may be reimbursed from the assets of the association for expenses incurred by them as members of the board of directors but shall not otherwise be compensated by the association for their services.

(8) (A) If a member insurer is an impaired domestic insurer, the association may, in its discretion, and subject to any conditions imposed by the association that (i) do not defeat the reasonable expectations of the policyholder or contractholder as to the benefits afforded under a policy or contract, (ii) that are approved by the commissioner, and (iii) that are, except in cases of court ordered conservation or rehabilitation, also approved by the impaired insurer:-

(1) guarantee, assume or reinsure, or cause to be guaranteed, assumed, or reinsured, any or all of the policies or contracts of the impaired insurer;

(2) provide such monies, pledges, notes, guarantees, or other means as are proper to effectuate subsection (1) and assure payment of the contractual obligations of the impaired insurer pending action pursuant thereto; or

(3) loan money to the impaired insurer.

(B) (1) If a member insurer is an impaired insurer, whether domestic, foreign or alien, and the insurer is not paying claims in a timely fashion, then subject to the preconditions specified in clause (2) of this paragraph the association shall, in its discretion, either (a) take any of the actions specified in paragraph (A), subject to the conditions therein, or (b) provide substitute benefits, with respect to covered policies or contracts, in lieu of the contractual obligations of the impaired insurer, solely for: health claims and death benefits, pursuant to paragraph (D); periodic annuity benefit payments; supplemental benefits; and cash withdrawals for policy or contract owners who petition therefor under claims of emergency or hardship in accordance with standards proposed by the association and approved by the commissioner.

(2) The association shall be subject to the requirements of clause (1) only if: (a) (i) in the case of an impaired domestic insurer, an order instituting a rehabilitation proceeding has been entered pursuant to section one hundred and eighty B of chapter one hundred and seventy-five; or (ii) in the case of an impaired foreign or alien insurer a petition for rehabilitation or liquidation of the impaired insurer has been filed in a court of competent jurisdiction in its state of domicile by the commissioner of that state;

(b) the laws of the impaired insurer's state of domicile provide that until all payments of or on account of the impaired insurer's contractual obligations by all guaranty associations, along with all expenses thereof and interest on all such payments and expenses, shall have been repaid to the guaranty associations or a plan of repayment by the impaired insurer shall have been approved by the guaranty associations (i) the delinquency proceedings shall not be dismissed; (ii) neither the impaired insurer nor its assets shall be returned to the control of its shareholders or private management; and (iii) it shall not be permitted to solicit or accept new business or have any suspended or revoked license restored.

(c) in the event the impaired insurer is a foreign or alien insurer, (i) it has been prohibited from soliciting or accepting new business in the commonwealth, and (ii) its certificate of authority has been suspended or revoked.

(C) If a member insurer is an insolvent insurer, the association shall, in its discretion, either:

(1) (a) Guaranty, assume or reinsure, or cause to be guaranteed, assumed or reinsured, the covered policies or contracts of the insolvent insurer; or

(b) assure payment of the contractual obligations of the insolvent insurer; and

(c) provide such monies, pledges, guarantees, or other means as are reasonably necessary to discharge such duties; or

(2) With respect only to life and health insurance policies provide benefits and coverages in accordance with paragraph (D).

(D) (1) When proceeding under subclause (b) of clause (1) of paragraph (B) or clause (2) of paragraph (C), the association shall, with respect to only life and health insurance policies:

(a) assure payment of benefits for premiums identical to the premiums and benefits, except for terms of conversion and renewability, that would have been payable under the group policies of the insurer for claims incurred not later than the earlier of the next renewal date under such policies or contracts or forty-five days, but in no event for a claim incurred less than thirty days after the date on which the association becomes obligated with respect to such policies. Notwithstanding the foregoing, the association may, if it finds the premium rate under a group policy to be inadequate, increase such premium rate in an amount approved by the commissioner.

(b) (i) with respect to individual policies, assure payment of benefits for premiums identical to the premiums and benefits, except for terms of conversion and renewability, that would have been payable under such policies of the insurer, for claims incurred not later than the earlier of the next renewal date, if any, under such policies, or one year from the date on which the association becomes obligated with respect to such policies, but in any event for claims incurred not later than the thirtieth day after the association becomes obligated with respect to such policies; and (ii) make diligent efforts to provide all known insureds, or owners, if other than the insureds, and group policyholders with respect to group policies, thirty days notice of the termination of the benefits provided; and (iii) with respect to individual policies, make available to each known insured, or owner if other than the insured, and with respect to an individual formerly insured under a group policy who is not eligible for replacement group coverage, make available substitute coverage on an individual basis in accordance with the provisions of clause (2) of paragraph (D), if such insured or owner had a right under law or under the terminated policy to convert coverage to individual coverage or to continue an individual policy in force until a specified age or for a specified time, during which the insurer had no right unilaterally to make changes in any provision of the policy or had a right only to make changes in premium by class.

(2) In providing the substitute coverage required under paragraph (D), the association may offer either to reissue the terminated coverage or to issue an alternative policy. Alternative or reissued policies shall be offered without requiring evidence of insurability, and shall not provide for any waiting period or exclusion that would not have applied under the terminated policy. Any alternative or reissued policy may be reinsured by the association.

(3) (a) Alternative policies adopted by the association shall be subject to the approval of the commissioner. The association may adopt alternative policies of various types for future issuance without regard to any particular impairment or insolvency.

(b) Alternative policies shall contain at least the minimum statutory provisions required in the commonwealth and provide benefits that shall not be unreasonable in relation to the premium charged. The association shall set the premium in accordance with the table of rates which it shall adopt. The premium shall reflect the amount of insurance to be provided and the age and class of risk of each insured, but shall not reflect any changes in the health of the insured after the original policy was last underwritten.

(c) Any alternative policy issued by the association shall provide coverage of a type similar to that of the policy issued by the impaired or insolvent insurer, as determined by the association.

(4) If the association elects to reissue the insured's terminated coverage at a premium rate different from that charged under the terminated policy, the premium shall be set by the association in accordance with the amount of insurance provided and the age and class of risk of the insured, and shall be subject to approval by a court of competent jurisdiction.

(5) The association's obligations with respect to coverage under any policy of the impaired or insolvent insurer or under any reissued or alternative policy shall cease on the date such coverage or policy is replaced by another similar policy by the policyholder, the insured, or the association.

(E) Nonpayment of premiums within thirty-one days after the date required under the terms of any guaranteed, assumed, alternative or reissued policy or contract or substitute coverage shall terminate the association's obligations under such policy or coverage under this section with respect to such policy or coverage, except with respect to any claims incurred or any net cash surrender value which may be due in accordance with the provisions of this section.

(F) Premiums due after entry of an order of liquidation of an insolvent insurer shall belong to, and be payable at the direction of the association, and the association shall be liable for unearned premiums due to policy or contract owners arising after the entry of such order.

(G) In carrying out its duties under paragraphs (B) and (C) of this subsection, the association may, subject to approval by the court:

(1) impose permanent policy or contract liens in connection with any guarantee, assumption or reinsurance agreement, if the association finds that the amounts which can be assessed under this section are less than the amounts needed to assure full and prompt performance of the association's duties under this section, or that the economic or financial conditions as they affect member insurers are sufficiently adverse to render the imposition of such permanent policy or contract liens, to be in the public interest;

(2) impose temporary moratoriums or liens on payments of cash values and policy loans, or any other right to withdraw funds held in conjunction with policies or contracts, in addition to any contractual provisions for deferral of cash or policy loan value.

(H) If the association fails to act within a reasonable period of time as provided in paragraphs (B), (C), and (D), the commissioner shall have the powers and duties of the association under this section with respect to impaired or insolvent insurers.

(I) The association may render assistance and advice to the commissioner, upon his request, concerning any insurer which is insolvent, impaired or potentially impaired, or concerning the rehabilitation, payment of claims, continuance of coverage, or the performance of other contractual obligations of any impaired or insolvent insurer.

(J) The association, shall have standing to appear before any court in the commonwealth with jurisdiction over an impaired or insolvent insurer concerning which the association is or may become obligated under this section. Such rights shall extend to all matters germane to the powers and duties of the association, including, but not limited to, proposals for reinsuring, modifying or guaranteeing the covered policies or contracts of the impaired or insolvent insurer and the determination of the covered policies or contracts and contractual obligations. The association shall also have the right to appear or intervene before a court in the commonwealth or in another state with jurisdiction over an impaired or insolvent insurer for which the association is or may become obligated or with jurisdiction over a third party against whom the association may have rights through subrogation of the insurer's policyholders.

(K) (1) Any person receiving benefits under this section shall be deemed to have assigned the rights under, and any causes of action relating to, the covered policy or contract to the association to the extent of the benefits received because of this section, whether the benefits are payments of or on account of contractual obligations, continuation of coverage or provision of substitute or alternative coverages. The association may require an assignment to it of such rights and causes of action by any payee, policy or contract owner, beneficiary, insured or annuitant, as a condition precedent to the receipt of any rights or benefits conferred by this section upon such person. The association also shall be subrogated to these rights and causes of action against the assets of any impaired or insolvent insurer, or any other person.

(2) The subrogation rights of the association under this subsection shall have the same priority against the assets of the impaired or insolvent insurer as that possessed by the person entitled to receive benefits under this section.

(3) In addition to clauses (1) and (2) above, the association shall have all common law rights of subrogation and any other equitable or legal remedy which would have been available to the impaired or insolvent insurer or holder of a policy or contract with respect to such policy or contracts.

(L) The association may: (i) enter into such contracts as are necessary or proper to carry out the provisions and purposes of this section; (ii) sue or be sued, including taking any legal actions necessary or proper for recovery of any unpaid assessments under subsection (9); (iii) borrow money to effect the purposes of this section, such notes or other evidence of indebtedness of the association not in default being legal investments for domestic insurers which may be carried as admitted assets; (iv) employ or retain such persons as are necessary to handle the financial transactions of the association, and to perform such other functions as become necessary or proper under this section; (v) take such legal action as may be necessary to avoid payment of improper claims; (vi) exercise, for the purposes of this section and to the extent approved by the commissioner, the powers of a domestic life or health insurer, but in no case may the association issue insurance policies or annuity contracts other than those issued to perform its obligations under this section; (vii) join an organization of one or more other state associations of similar purposes, to further the purposes and administer the powers and duties of this association; (viii) enter into agreements with other state associations of similar purposes to determine the residence of persons for purposes of this section.

(9) (A) For the purpose of providing the funds necessary to carry out the powers and duties of the association, the board of directors shall assess the member insurers, separately for each account, at such time and for such amounts as the board of directors finds necessary. Assessments shall be due not less than thirty days after prior written notice to the member insurers and shall accrue interest at ten per cent per annum on and after the due date.

(B) There shall be two classes of assessments, as follows:

(1) Class A assessments shall be made for the purpose of meeting administrative costs and other expenses and examinations conducted under the authority of paragraph (E) of subsection (12), which assessments may be made whether or not related to a particular impaired or insolvent insurer.

(2) Class B assessments shall be made to the extent necessary to carry out the powers and duties of the association under paragraph (A), (B) or (C) of subsection (8).

(C) (1) The amount of any Class A assessment shall be determined by the board of directors and may be made on a pro rata or non-pro rata basis. If made on a pro rata basis, the board of directors may provide that it be credited against future Class B assessments. If it is made on a non-pro rata basis, such assessment shall not exceed one hundred and fifty dollars per member insurer in any one calendar year. The amount of any Class B assessments shall be allocated for assessment purposes among the accounts pursuant to an allocation formula which may be based on the premiums or reserves of the impaired or insolvent insurer or on any other standard deemed by the board of directors in its sole discretion as being fair and reasonable under the circumstances.

(2) Class B assessments against member insurers for each account shall be in the proportion that the premiums received on business in the commonwealth by each assessed member insurer on policies or contracts covered by each account for the most recent three calendar years for which information is available preceding the year in which the insurer became impaired or insolvent, as the case may be, bears to such premiums received on business in the commonwealth for such calendar years by all assessed member insurers.

(3) Assessments for funds to meet the requirements of the association with respect to an impaired or insolvent insurer shall not be made until necessary to implement the purposes of this section. Classification of assessments and computation of assessments under this subsection shall be made with a reasonable degree of accuracy, recognizing that exact determinations may not always be possible.

(D) The association may abate or defer, in whole or in part, the assessment of a member insurer if, in the opinion of the board of directors, payment of the assessment would endanger the ability of the member insurer to fulfill its contractual obligations. In the event an assessment against a member insurer is abated, or deferred in whole or in part, the amount by which such assessment is abated or deferred may be assessed against the other member insurers in a manner consistent with the basis for assessments set forth in this subsection.

(E) The total of all assessments upon a member insurer for each account shall not in any one calendar year exceed two per cent of such insurer's average premiums received in the commonwealth on the policies covered by the account during the three calendar years preceding the year in which the insurer became an impaired or insolvent insurer. If the maximum assessment, together with the other assets of the association in any account, does not provide in any one year in any account an amount sufficient to carry out the responsibilities of the association, the necessary additional funds shall be assessed as soon thereafter as permitted by this section.

(F) The board of directors may, by an equitable method as established in the plan of operation, refund to member insurers, in proportion to the contribution of each insurer to that account, the amount by which the assets of the account exceed the amount the board of directors finds is necessary to carry out during the coming year the obligations of the association with regard to that account, including assets accruing from assignment, subrogation, net realized gains and income from investments. A reasonable amount may be retained in any account to provide funds for the continuing expenses of the association and for future losses.

(G) It shall be proper for any member insurer, in determining its premium rates and policyowner dividends as to any kind of insurance within the scope of this section, to consider the amount reasonably necessary to meet its assessment obligations under this section.

(H) The association shall issue to an insurer paying an assessment under this section, other than a Class A assessment, a certificate of contribution, in a form approved by the commissioner, for the amount of the assessment so paid. All outstanding certificates shall be of equal dignity and priority without reference to amounts or dates of issue. A certificate of contribution may be shown by the insurer in its financial statements as an asset in such form and for such amount, if any, and for such period of time as the commissioner may approve.

(10) (A) (1) The association shall submit to the commissioner a plan of operation and any amendments thereto necessary or suitable to assure the fair, reasonable, and equitable administration of the association. The plan of operation and any amendments thereto shall become effective upon the commissioner's written approval or unless the commissioner has not disapproved it within thirty days.

(2) If the association fails to submit a suitable plan of operation within one hundred twenty days following the effective date of this section, or if at any time thereafter the association fails to submit suitable amendments to the plan, the commissioner shall, after notice and hearing, adopt and promulgate such reasonable rules as are necessary or advisable to effectuate the provisions of this section. Such rules shall continue in force until modified by the commissioner or superseded by a plan submitted by the association and approved by the commissioner.

(B) All member insurers shall comply with the plan of operation.

(C) The plan of operation shall, in addition to requirements enumerated elsewhere in this section:

(1) establish procedures for handling the assets of the association;

(2) establish the amount and method of reimbursing members of the board of directors under subsection (7);

(3) establish regular places and times for meetings, including telephone conference calls, of the board of directors;

(4) establish procedures for records to be kept of all financial transactions of the association, its agents, and the board of directors;

(5) establish the procedures whereby selections for the board of directors will be made and submitted to the commissioner;

(6) establish any additional procedures for assessments under subsection (9); and

(7) contain additional provisions necessary or proper for the execution of the powers and duties of the association.

(D) The plan of operation may provide that any or all powers and duties of the association, except those under clause (3) of paragraph (K) of subsection (8) and of subsection (9), are delegated to a corporation, association, or other organization which performs or will perform functions similar to those of this association, or its equivalent, in two or more states. Such corporation, association, or organization shall be reimbursed for any payments made on behalf of the association and shall be paid for its performance of any function of the association. A delegation under this paragraph shall take effect only with the approval of both the board of directors and the commissioner, and may be made only to a corporation, association, or organization which extends protection not substantially less favorable and effective than that provided by this section.

(11) In addition to the duties and powers enumerated elsewhere in this section:

(A) The commissioner shall:

(1) upon request of the board of directors, provide the association with a statement of the premiums in this and any other appropriate state for each member insurer;

(2) when an impairment is declared and the amount of the impairment is determined, serve a demand upon the impaired insurer to make good the impairment within a reasonable time; notice to the impaired insurer constituting notice to its shareholders, if any, and failure of the impaired insurer to promptly comply with such demand not excusing the association from the performance of its powers and duties under this section;

(3) in any liquidation or rehabilitation proceeding involving a domestic insurer, be appointed as the receiver;

(4) in any liquidation proceeding involving a foreign or alien member insurer in such insurer's domiciliary jurisdiction or state of entry, be appointed as conservator.

(B) The commissioner may suspend or revoke, after notice and hearing, the certificate of authority to transact insurance in the commonwealth of any member insurer which fails to pay an assessment when due or fails to comply with the plan of operation. As an alternative, the commissioner may levy a forfeiture on any member insurer which fails to pay an assessment when due. Such forfeiture shall not exceed five per cent of the unpaid assessment per month, but no forfeiture shall be less than one hundred dollars per month.

(C) Any action of the board of directors or the association may be appealed to the commissioner by any member insurer if such appeal is taken within sixty days of the action being appealed. If a member company is appealing an assessment, the amount assessed shall be paid to the association and available to meet association obligations during the pendency of an appeal. If the appeal on the assessment is upheld, the amount paid in error or excess shall be returned to the member company. Any final action or order of the commissioner shall be subject to judicial review in a court of competent jurisdiction.

(D) The receiver, liquidator, rehabilitator, or conservator of any impaired or insolvent insurer may notify all interested persons of the effect of this section.

(12) To aid in the detection and prevention of insurer insolvencies or impairments:

(A) It shall be the duty of the commissioner:

(1) To notify the commissioners of all the other states, territories of the United States and the District of Columbia when he takes any of the following actions against a member insurer:

(a) revocation of license;

(b) suspension of license;

(c) makes any formal order that such company restrict its premium writing, obtain additional contributions to surplus, withdraw from the state, reinsure all or any part of its business, or increase capital, surplus, or any other account for the security of policyholders or creditors. Such notice shall be mailed to all insurance commissioners within thirty days following the action taken or the date on which such action occurs.

(2) To report to the board of directors when he has taken any of the actions set forth in paragraph (A), subsection (1) or has received a report from any other insurance commissioner indicating that any such action has been taken in another state. Such report to the board of directors shall contain all significant details of the action taken or the report received from another commissioner.

(3) To report to the board of directors when he has reasonable cause to believe from any examination, whether completed or in process, of any member company that such company may be an impaired or insolvent insurer.

(4) To furnish to the board of directors the NAIC Insurance Regulatory Information System tests and listings of companies not included in the tests developed by the NAIC, for the use of the board of directors in carrying out its duties and responsibilities under this subsection. Such report and the information contained therein shall be kept confidential by the board of directors until such time as made public by the commissioner or other lawful authority.

(B) The commissioner may seek the advice and recommendation of the board of directors concerning any matter affecting his duties and responsibilities regarding the financial condition of member insurers and companies seeking admission to transact insurance business in the commonwealth.

(C) The board of directors may, upon majority vote, make reports and recommendations to the commissioner upon any matter germane to the solvency, rehabilitation, conservation, or liquidation of any member insurer or germane to the solvency of any company seeking to do an insurance business in the commonwealth. Such reports and recommendations shall not be considered public documents.

(D) It shall be the duty of the board of directors, upon majority vote, to notify the commissioner of any information the board of directors possesses which indicates any member insurer may be an impaired or insolvent insurer.

(E) The board of directors may, upon majority vote, request that the commissioner order an examination of any member insurer which the board in good faith believes may be an impaired or insolvent insurer. Within thirty days of the receipt of such request, the commissioner shall begin such examination. The examination may be conducted as an NAIC examination or may be conducted by such persons as the commissioner designates. The cost of such examination shall be paid by the association and the examination report shall be treated as are other examination reports. In no event shall such examination report be released to the board of directors of the association prior to its release to the public, but this shall not preclude the commissioner from complying with paragraph (A). The commissioner shall notify the board of directors when the examination is completed. The request for an examination shall be kept on file by the commissioner but it shall not be open to public inspection prior to the release of the examination report to the public.

(F) The board of directors may, upon majority vote, make recommendations to the commissioner for the detection and prevention of insurer insolvencies.

(G) The board of directors may, at the conclusion of any insurer insolvency in which the association was obligated to pay covered claims, prepare a report to the commissioner containing such information as it may have in its possession bearing on the history and causes of such insolvency. The board shall cooperate with the boards of directors of guaranty associations in other states in preparing a report on the history and causes of insolvency of a particular insurer, and may adopt by reference any report prepared by such other associations.

(13) (A) Assessments described in paragraph (H) of subsection (9), paragraph (H) may be applied as an offset to the premium, excise, franchise, or income tax liability of member insurers to the commonwealth, to the extent of ten per cent of the amount of such assessments for each of the five calendar years following the year in which such assessments are paid. If the sum of the offsets, so determined, for all member insurers for a calendar year exceeds three million dollars, the excess shall be carried forward and shall be allowed as an offset in calendar years in which, and to the extent that the sum of member insurer's offsets are less than three million dollars. In the event that the total of the offsets reported by all member insurers on their premium, excise, franchise or income tax returns exceeds three million dollars for a calendar year, the commissioner of revenue shall assess each member insurer with an additional tax equal to the amount offset for the calendar year which is in excess of such member insurer's pro rata share of three million dollars. Each member insurer's pro rata share of three million dollars shall be determined by dividing three million dollars by the total of all member insurer offsets reported in such calendar year and multiplying the result by the offset taken by each such member insurer.

(B) Any sums which are acquired by refund, pursuant to paragraph (F) of subsection (9), from the association by member insurers, and which have theretofore been offset against premium, excise, income or franchise taxes as provided in paragraph (A), shall be paid by such insurers to the commonwealth in such manner as the department of revenue may require. The association shall notify the commissioner that such refunds have been made.

(14) (A) Nothing in this section shall be construed to reduce the liability for unpaid assessments of the insureds of an impaired or insolvent insurer operating under a plan with assessment liability.

(B) Records shall be kept of all negotiations and meetings in which the association or its representatives are involved to discuss the activities of the association in carrying out its powers and duties under subsection (8). Records of such negotiations or meetings shall be made public only upon the termination of a liquidation, rehabilitation, or conservation proceeding involving the impaired or insolvent insurer, upon the termination of the impairment of insolvency of the insurer, or upon the order of a court of competent jurisdiction. Nothing in this subsection shall limit the duty of the association to render a report of its activities under subsection (15).

(C) For the purpose of carrying out its obligations under this section, the association shall be deemed to be a creditor of the impaired or insolvent insurer to the extent of assets attributable to covered policies reduced by any amounts to which the association is entitled as subrogee pursuant to paragraph (K) of subsection (8). Assets of the impaired or insolvent insurer attributable to covered policies shall be used to continue all covered policies and pay all contractual obligations of the impaired or insolvent insurer as required by this section. Assets attributable to covered policies, as used in this subsection, are that proportion of the assets which the reserves that should have been established for such policies bear to the reserves that should have been established for all policies of insurance written by the impaired or insolvent insurer.

(D) (1) Prior to the termination of any liquidation, rehabilitation or conservation proceeding, the court may take into consideration the contributions of the respective parties, including the association, the shareholders and policyowners of the insolvent insurer, and any other party with a bona fide interest, in making an equitable distribution of the ownership rights of such insolvent insurer. In such determination, consideration shall be given to the welfare of the policyholders of the continuing or successor insurer.

(2) No distribution to stockholders, if any, of an impaired or insolvent insurer shall be made until and unless the total amount of valid claims of the association with interest thereon for funds expended in carrying out its powers and duties under subdivision (8) with respect to such insurer have been fully recovered by the association.

(E) (1) If an order for rehabilitation or liquidation of an insurer domiciled in the commonwealth has been entered, the receiver appointed under such order shall have a right to recover on behalf of the insurer, from any affiliate that controlled it, the amount of distributions, other than stock dividends paid by the insurer on its capital stock, made at any time during the five years preceding the petition for liquidation or rehabilitation subject to the limitations of clauses (2) and (4) of this paragraph.

(2) No such distribution shall be recoverable if the insurer shows that when paid the distribution was lawful and reasonable, and that the insurer did not know and could not reasonably have known that the distribution might adversely and materially affect the ability of the insurer to fulfill its contractual obligations.

(3) Any person who was an affiliate that controlled the insurer at the time the distributions were paid shall be liable up to the amount of distributions he received. Any person who was an affiliate that controlled the insurer at the time the distributions were declared, shall be liable up to the amount of distributions he would have received if they had been paid immediately. If two or more persons are liable with respect to the same distributions, they shall be jointly and severally liable.

(4) The maximum amount recoverable under this subsection shall be the amount needed in excess of all other available assets of the insolvent insurer to pay the contractual obligations of the insurer.

(5) If any person liable under paragraph (3) of this paragraph is insolvent, all its affiliates that controlled it at the time the distribution was paid, shall be jointly and severally liable for any resulting deficiency in the amount recovered from the insolvent affiliate.

(15) The association shall be subject to examination and regulation by the commissioner. The board of directors annually shall submit to the commissioner, not later than five months after the end of the association's prior fiscal year, a financial report for the preceding fiscal year in a form approved by the commissioner and a report of its activities during the preceding fiscal year.

(16) The association shall be exempt from payment of all fees and all taxes levied by the commonwealth or any of its subdivisions, except taxes levied on real property.

(17) There shall be no liability on the part of and no cause of action of any nature shall arise against any member insurer or its agents or employees, the association or its agents or employees, the board of directors or any member thereof, or the commissioner or his representatives, for any action or omission by them pursuant to the purposes and provisions of this section or in the performance of their powers and duties under this section. Such immunity shall extend to the participation in any organization of one or more other state associations of similar purposes as provided in subclause (vii) of paragraph (L) subsection (8), and to any such organization and its agents and employees.

(18) All proceedings in which the insolvent insurer is a party in any court in the commonwealth shall be stayed sixty days from the date an order of rehabilitation or liquidation is final to permit proper legal action by the association on any matters germane to its powers or duties. As to judgment under any decision, order, verdict, or finding based on default the association may apply to have such judgment set aside by the same court that made such judgment and shall be permitted to defend against such suit on the merits.

(19) No person, including an insurer, agent or affiliate of an insurer shall make, publish, disseminate, circulate, or place before the public, or cause directly, to be made, published, disseminated, circulated or placed before the public, in any newspaper, magazine or other publication, or in the form of a notice, circular, pamphlet, letter or poster, or over any radio station or television station, or in any other way, any advertisement, announcement or statement, written or oral, which uses the existence of the Massachusetts Life and Health Insurance Guaranty Association for the purposes of sales, solicitation, or inducement to purchase any form of insurance covered by this section; provided, however, that this section shall not apply to the Massachusetts Life and Health Insurance Guaranty Association or any other entity which does not sell or solicit insurance.

(20) This section shall not apply to any insurer which was insolvent or unable to fulfill its contractual obligations as of April third, nineteen hundred and eighty-six.

SECTION 157. Section 31 of chapter 176 of the General Laws, as appearing in the 1984 Official Edition, is hereby amended by striking out the second sentence.

SECTION 158. The last paragraph of section 8D of chapter 176A of the General Laws, as so appearing, is hereby amended by striking out the last sentence and inserting in place thereof the following sentence:- Otherwise, the requirements of this paragraph shall be deemed to be controlling.

SECTION 159. Section 8E of said chapter 176A, as so appearing, is hereby amended by striking out, in line 5, the word "or" and inserting in place thereof the following word:- on.

SECTION 160. The last paragraph of section 6A of chapter 176B of the General Laws, as so appearing, is hereby amended by striking out the last sentence and inserting in place thereof the following sentence:- Otherwise, the provisions of this paragraph shall be deemed to be controlling.

SECTION 161. Section 7 of chapter 176G of the General Laws, as so appearing, is hereby amended by striking out, in line 6, the word "state" and inserting in place thereof the following word:- statement.

SECTION 162. Clause (1) of section 4 of chapter 180 of the General Laws, as so appearing, is hereby amended by striking out, in line 28, the word "thereof." and inserting in place thereof the following word:- thereof;.

SECTION 163. Section 4 of chapter 183 of the General Laws, as so appearing, is hereby amended by striking out, in line 2, the words "a term of seven years" and inserting in place thereof the following words:- more than seven years from the making thereof.

SECTION 164. Section 15B of chapter 186 of the General Laws, as so appearing, is hereby amended by striking out, in line 5, the word "terminition" and inserting in place thereof the following word:- termination.

SECTION 164A. The second paragraph of section 1A of chapter 187 of the General Laws, as appearing in section 11 of chapter 637 of the acts of 1985, is hereby amended by striking out clause (1) and inserting in place thereof the following clause:-

(1) A description of the dimensions of the easement expressed in measurable terms, such as vertical or horizontal angles measured in degrees, or the hours of the day on specified dates during which direct sunlight to a specified surface of a solar collector, device, or structural design feature may not be obstructed, or a combination of these descriptions.

SECTION 165. Section 6 of chapter 188 of the General Laws, as appearing in the 1984 Official Edition, is hereby amended by striking out, in line 4, the word "mortgage" and inserting in place thereof the following word:- mortgagee.

SECTION 166. Chapter 192 of the General Laws is hereby amended by striking out section 2, as amended by section 2 of chapter 738 of the acts of 1985, and inserting in place thereof the following section:-

Section 2. If it appears to the probate court, by the consent in writing of the heirs, or by other satisfactory evidence, that no person interested in the estate of deceased person intends to object to the probate of an instrument purporting to be the will of such deceased, the court may grant probate thereof; (i) upon the testimony of one of the subscribing witnesses; and the affidavit of such witness taken before the register or an assistant register of probate may be received as evidence; (ii) without testimony if it is self-proved by affidavits of the testator and of the witnesses, each made before an officer authorized to administer oaths under the laws of the state where executed, under official seal, in form and content substantially as follows: State of , County of , before me, the undersigned authority on this day personally appeared the testator and the witnesses whose names are signed to the attached or foregoing instrument, and, all of these persons being by me duly sworn; the testator declared to me and to the witnesses in my presence that the instrument is his last will and that he had willingly signed or directed another to sign for him, and that he executed it as his free and voluntary act for the purposes therein expressed; and each of the witnesses stated to me, in the presence of the testator, that he signed the will as witness and that to the best of his knowledge the testator was eighteen years of age or over, of sound mind and under no constraint or undue influence. (Testator), (Witness), (Witness). Subscribed and sworn to before me by the said testator and the said witnesses, this day of A.D. (signed) (SEAL) official capacity of officer; (iii) without testimony if it is executed, attested and made self-proved by affidavits of the testator and the witnesses, each affidavit being made before an officer authorized to administer oaths under the laws of the state where executed, and under official seal. The same signature shall be sufficient for the execution, or attestation and the affidavit. The form and content shall be substantially as follows:

I, the undersigned testator, do hereby declare that I sign (or direct another to sign for me) and execute this instrument as my last will, that I sign it willingly (or willingly direct another to sign for me) in the presence of each of said witnesses, and that I execute it as my free and voluntary act for the purposes herein expressed.

`tm;i1=48,30;i2=48,8

i1 `ts

i2 Testator

We, the undersigned witnesses, each do hereby declare in the presence of the aforesaid testator that the testator signed (or directed another to sign for him and said person signed for him) and executed this instrument as his last will in the presence of each of us, that he signed it willingly (or willingly directed another to sign it for him), that each of us hereby signs this will as witness in the presence of the testator, and that to the best of our knowledge the testator is eighteen (18) years of age or over, of sound mind, and under no constraint or undue influence. `ts

i2 (Witness) `t+1 `ts

i2 (Witness) `t+1 `t( STATE OF `t+1 COUNTY OF `t)

Subscribed, sworn to and acknowledged before me by the said testator and witnesses this day of A.D. `t+1

i1 (Signed) `t+1

i1 (Seal)

i2 Official Capacity

; or (iv) without testimony if the probate of such instrument is assented to in writing by the widow or husband of the deceased, if any, and by all the heirs at law and next of kin.

SECTION 166A. Paragraph (d) of section 6 of chapter 201 of the General Laws, as appearing in section 1 of chapter 525 of the acts of 1985, is hereby amended by striking out the third sentence and inserting in place thereof the following sentence:- In such circumstances, the court shall appoint a suitable person to monitor the treatment process to ensure that the antipsychotic medication treatment plan is followed.

SECTION 167. Section 8 of said chapter 201, as appearing in the 1984 Official Edition, is hereby amended by striking out the second sentence and inserting in place thereof the following sentence:- The department of public welfare or a relative of the alleged spendthrift, may file a petition in the probate court, stating the facts and circumstances of the case and praying that a guardian be appointed.

SECTION 168. Section 5A of chapter 210 of the General Laws, as so appearing, is hereby amended by inserting after the second sentence the following sentence:- In any petition for adoption the department shall submit to the court verification that the adoptee is not registered with the federal register for missing children and the central register.

SECTION 169. Chapter 215 of the General Laws is hereby amended by striking out section 6B, inserted by section 3 of chapter 490 of the acts of 1985, and inserting in place thereof the following section:-

Section 6C. Upon a complaint, after a judgment pursuant to this chapter relative to the care and custody of minor children, filed by either parent or by a next friend on behalf of the children, after notice to both parents, the court may make a judgment modifying its earlier judgment as to the care and custody of said minor children provided that the court finds that a material and substantial change in the circumstances of the parties has occurred and that a modification is necessary in the best interests of the children.

During the pendency of such an action, upon motion of either party or of a next friend on behalf of the minor children of the parties and notice to the other party or parties, the court may make temporary orders relative to the care and custody of such children. Every order entered shall include specific findings of fact made by the court which clearly demonstrate the injury, harm or damage that might reasonably be expected to occur if relief pending a judgment of modification is not granted. An order entered pursuant to this section may only be entered without advance notice if the court finds that an emergency exists, the nature of which requires the court to act before the opposing party or parties can be heard in opposition. In all such cases, such order shall be for a period not to exceed five days and written notice of the issuance of any such order and the reasons therefor shall be given to the opposing party or parties together with notice of the date, time and place that a hearing on the continuation of such order will be held.

SECTION 170. Section 40 of chapter 218 of the General Laws, as appearing in the 1984 Official Edition, is hereby amended by striking out the first sentence and inserting in place thereof the following sentence:- A special justice of a district court who does not serve full-time in accordance with the provisions of section six A shall sit on the municipal court of the city of Boston by assignment in the same manner as if he were serving full-time.

SECTION 171. Section 42A of said chapter 218, as so appearing, is hereby amended by striking out, in line 9, the figures "43 to 43D" and inserting in place thereof the following words:- forty-three to forty-three D, inclusive,.

SECTION 172. Section 56 of said chapter 218, as so appearing, is hereby amended by striking out, in line 2, the word "an" and inserting in place thereof the following word:- and.

SECTION 173. Chapter 221 of the General Laws is hereby amended by striking out section 73A, as so appearing, and inserting in place thereof the following section:-

Section 73B. Each officer in attendance upon the supreme judicial court in the county of Suffolk shall receive in full for all services performed by him such salary as shall be fixed by the justices of the supreme judicial court, which salary shall be paid by the commonwealth. Each officer in attendance upon the appeals court in the county of Suffolk shall receive in full for all services performed by him such salary as shall be fixed by the justices of the appeals court. Said salary shall be paid by the commonwealth.

SECTION 174. Section 92A of said chapter 221, as so appearing, is hereby amended by striking out, in line 21, the words "a prosecutional function".

SECTION 175. Chapter 231 of the General Laws is hereby amended by striking out section 85S, inserted by section 18 of chapter 223 of the acts of 1985, and inserting in place thereof the following section:-

Section 85T. In any action for personal injuries, property damage or consequential damages caused by or arising out of the negligent serving of alcohol to an intoxicated person by a licensee properly licensed under chapter one hundred and thirty-eight or by a person or entity serving alcohol as an incident of its business but for which no license is required, no such intoxicated person who causes injuries to himself, may maintain an action against the said licensee or person or entity in the absence of wilful, wanton, or reckless conduct on the part of the licensee or such person or entity.

SECTION 176. Said chapter 231 is hereby further amended by striking out section 85T, inserted by chapter 589 of the acts of 1985, and inserting in place thereof the following section:-

Section 85U. No person who is a lawful occupant of a dwelling shall be liable in an action for damages for death or injuries to an unlawful occupant of said dwelling resulting from the acts of said lawful occupant; provided, however, that said lawful occupant was in the dwelling at the time of the occurrence and that he acted in the reasonable belief that the person unlawfully in said lawful dwelling was about to inflict great bodily injury or death upon said occupant or upon another person lawfully in said dwelling, and that said lawful occupant used reasonable means to defend himself or such other person lawfully in said dwelling. There shall not be a duty on said occupant to retreat from such person unlawfully in said dwelling.

SECTION 178. Section 20B of chapter 233 of the General Laws is hereby amended by striking out the definition of "Psychotherapist", as amended by chapter 85 of the acts of 1985, and inserting in place thereof the following definition:-

"Psychotherapist", a person licensed to practice medicine who devotes a substantial portion of his time to the practice of psychiatry or a person who is licensed as a psychologist by the board of registration of psychologists; provided, however, that such person has a doctoral degree in the field of psychology or is a registered nurse licensed by the board of registration in nursing whose certificate of registration has been endorsed authorizing the practice of professional nursing in an expanded role as a psychiatric nurse mental health clinical specialist, pursuant to the provisions of section eighty B of chapter one hundred and twelve.

SECTION 179. Section 65A of said chapter 233, as appearing in the 1984 Official Edition, is hereby amended by striking out, in lines 1 and 6, the words "or suit".

SECTION 180. Section 4 of chapter 234A of the General Laws, as so appearing, is hereby amended by striking out, in line 41, the first time it appears, the word "or".

SECTION 181. Section 24 of said chapter 234A, as so appearing, is hereby amended by inserting after the word "authorize", in line 5, the following word:- another.

SECTION 182. Section 47 of chapter 253 of the General Laws, as so appearing, is hereby amended by striking out, in line 1, the word "adequacy" and inserting in place thereof the following word:- , adequacy.

SECTION 183. Chapter 255 of the General Laws is hereby amended by inserting after section 12H, as appearing in the 1984 Official Edition, the following section:-

Section 12I. Any person offering for sale a residential dwelling insulated with urea formaldehyde foam insulation, hereinafter called UFFI, shall determine whether UFFI is in the dwelling and, if it is, shall have the dwelling tested for formaldehyde gas and shall make the following disclosure to any prospective purchaser: (1) where such UFFI is located within the building, and, if known, when it was installed; (2) a copy of the test results; and (3) a copy of information developed by the department of public health concerning formaldehyde levels in dwellings insulated with UFFI and dwellings not insulated with UFFI.

The commissioner of public health shall provide by regulation for the form of notice which meets the requirements of this section.

SECTION 184. Section 18A of chapter 255D of the General Laws, as so appearing, is hereby amended by striking out subsection (3) and inserting in place thereof the following subsection:-

(3) The provision of subsections (1) and (2) shall not apply to an extension of credit or obligation if the buyer has been furnished a statement in the following form, as a separate document, accurately completed by the creditor, and has freely signed said statement:
`tuc NOTICE TO BUYER `t+1

STATE LAW PROVIDES THAT YOU DO NOT HAVE TO CONSOLIDATE YOUR PREVIOUS RETAIL INSTALLMENT SALES AGREEMENT WITH THE LOAN WHICH YOU ARE NOW APPLYING FOR. `t+1

If you do agree to consolidate the retail agreement, your combined new loan will cost $__________ more in finance charges. `tuc Schedule of Monthly Payments `ts `tcol(*)=2;c1=1,47%,tuc;c2=52%,47%,tf `tc1 Separate Loan & Retail*Consolidated Loan & Retail Installment Agreement* Installment Agreement $__________ per month for the*$__________ per month for the next __________ months*terms of the new agreement Then $__________ per month for __________ `tc1 months after that `tcol;end `t+1

I have read and understand the above statements, and I want to have my previous retail installment sales agreement consolidated with a small loan.

`tcol(*)=1;c1=50%,50%,tf `t( `tc1 Buyer Date `t) `tcol;end

SECTION 185. Section 7A of chapter 258A of the General Laws, inserted by section 6 of chapter 605 of the acts of 1985, is hereby amended by striking out the first paragraph and inserting in place thereof the following paragraph:-

Any person who: (a) submits a fraudulent application or claim for an award; (b) intentionally makes or causes to be made any false statement or representation of a material fact; or (c) intentionally conceals or fails to disclose information affecting the amount of or the initial or continued right to any such award when reasonably requested to provide such information by the office of the attorney general shall be punished by a fine of not more than five hundred dollars or by imprisonment in a house of correction for not more than six months, or both. Said person shall further forfeit any benefit received and shall reimburse the commonwealth for payments received or paid to or on behalf of said person.

SECTION 186. Section 4 of chapter 258B of the General Laws, as appearing in the 1984 Official Edition, is hereby amended by striking out the third paragraph and inserting in place thereof the following paragraph:-

The provisions of chapter thirty-one shall not apply to the executive director or any employee of the board.

SECTION 187. Section 40 of chapter 262 of the General Laws, as so appearing, is hereby amended by striking out, in line 55, the word "of" and inserting in place thereof the following word:- or.

SECTION 188. Said chapter 262 is hereby further amended by striking out section 62, as so appearing, and inserting in place thereof the following section:-

Section 62. Whoever, with intent to defraud, signs or procures to be signed a certificate of attendance or travel as a witness before a court, or reference founded upon a rule of court, in any case in which the witness did not so attend, or for a greater number of days than he actually attended, or for a greater number of miles than he actually traveled, upon which certificate the attendance or travel so claimed is allowed as a part of the expenses of prosecution, shall forfeit thirty dollars for each offence, to be recovered on complaint or indictment to the use of the commonwealth or by action of tort to the use of any person against whom such excessive costs were taxed, with four times the whole amount taxed for attendance or travel on such false certificate, and double costs in the action of tort. Such complaint, indictment or action shall be commenced within two years after the offence is committed.

SECTION 189. Section 4A of chapter 263 of the General Laws, as so appearing, is hereby amended by striking out, in line 3, the word "offenses" and inserting in place thereof the following word:- offense.

SECTION 190. Chapter 267 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. Whoever, with intent to injure or defraud, falsely makes, alters, forges or counterfeits a public record, or a certificate, return or attestation of a clerk or register of a court, public register, notary public, justice of the peace, town clerk or any other public officer, in relation to a matter wherein such certificate, return or attestation may be received as legal proof; or a charter, deed, will, testament, bond or writing obligatory, power of attorney, policy of insurance, bill of lading, bill of exchange or promissory note; or an order, acquittance or discharge for money or other property or a credit card or an instrument described as a United States Dollar Traveller's Check or Cheque, purchased from a bank or other financially responsible institution, the purpose of which is a source of ready money on cashing the instrument without identification other than the signature of the purchaser; or an acceptance of a bill of exchange, or an endorsement or assignment of a bill of exchange or promissory note for the payment of money; or an accountable receipt for money, goods or other property; or a stock certificate, or any evidence or muniment of title to property; or a certificate of title, duplicate certificate of title, certificate issued in place of a duplicate certificate, the registration book, entry book, or any indexes provided for by chapter one hundred and eighty-five, or the docket of the recorder; shall be punished by imprisonment in the state prison for not more than ten years or in jail for not more than two years.

SECTION 191. Section 5 of chapter 268A of the General Laws, as so appearing, is hereby amended by striking out, in line 27, the words "39 of chapter 3" and inserting in place thereof the following words:- thirty-nine of chapter three.

SECTION 192. Section 1 of chapter 268B of the General Laws, as so appearing, is hereby amended by striking out clause (a) and inserting in place thereof the following clause:-

(a) "amount" means a category of value, rather than an exact dollar figure, as follows: greater than one thousand dollars but not more than twenty-five hundred dollars; greater than twenty-five hundred dollars but not more than five thousand dollars; greater than five thousand dollars but not more than ten thousand dollars; greater than ten thousand dollars but not more than twenty-five thousand dollars; greater than twenty-five thousand dollars but not more than fifty thousand dollars; greater than fifty thousand dollars but not more than one hundred thousand dollars; greater than one hundred thousand dollars.

SECTION 193. Clause (m) of section 2 of said chapter 268B, as so appearing, is hereby amended by striking out the first two sentences and inserting in place thereof the following two sentences:- The commission shall employ an executive director, a general counsel, and, subject to appropriation, such other staff, including but not limited to clerks, accountants, and investigators, as are necessary to carry out its duties pursuant to this chapter and chapter two hundred and sixty-eight A. The staff shall serve at the pleasure of the commission and shall not be subject to the provisions of chapter thirty-one or section nine A of chapter thirty.

SECTION 194. Said chapter 268B is hereby further amended by striking out section 3, as most recently amended by section 4 of chapter 12 of the acts of 1986, and inserting in place thereof the following section:-

Section 3. The commission shall:

(a) prescribe and publish, pursuant to the provisions of chapter thirty A, rules and regulations to carry out the purposes of this chapter, including rules governing the conduct of proceedings hereunder;

(b) prepare and publish, after giving the public an opportunity to comment, forms for the statements and reports required to be filed by this chapter and make such forms available to any and all persons required to file statements and reports pursuant to the provisions of this chapter;

(c) prepare and publish, pursuant to the provisions of chapter thirty A, methods of accounting and reporting to be used by persons required to file statements and reports by this chapter;

(d) make statements and reports filed with the commission available for public inspection and copying during regular office hours upon the written request of any individual who provides identification acceptable to the commission, including his affiliation, if any, at a charge not to exceed the actual administrative and material costs required in reproducing said statements and reports; the commission shall forward a copy of said request to the person whose statement has been examined;

(e) compile and maintain an index of all reports and statements filed with the commission to facilitate public access to such reports and statements;

(f) inspect all statements of financial interests filed with the commission in order to ascertain whether any reporting person has failed to file such a statement or has filed a deficient statement. If, upon inspection, it is ascertained that a reporting person has failed to file a statement of financial interests, or if it is ascertained that any such statement filed with the commission fails to conform with the requirements of section five of this chapter, then the commission shall, in writing, notify the delinquent; such notice shall state in detail the deficiency and the penalties for failure to file a statement of financial interests;

(g) upon written request from a person who is or may be subject to the provisions of this chapter or chapter two hundred and sixty-eight A, render advisory opinions on the requirements of said chapters. An opinion rendered by the commission, until and unless amended or revoked, shall be a defense in a criminal action brought under chapter two hundred and sixty-eight A and shall be binding on the commission in any subsequent proceedings concerning the person who requested the opinion and who acted in good faith, unless material facts were omitted or misstated by the person in the request for an opinion. Such requests shall be confidential; provided, however, that the commission may publish such opinions, but the name of the requesting person and any other identifying information shall not be included in such publication unless the requesting person consents to such inclusion;

(h) preserve all statements and reports filed with the commission for a period of six years from the date of receipt;

(i) act as the primary civil enforcement agency for violations of chapter two hundred and sixty-eight A, as specified in sections nine and fifteen of that chapter and of this chapter;

(j) on or before February first of each year the executive director of the commission shall request a list of all major policymaking positions for the governmental bodies below from the persons listed below:

(1) the house of representatives, the speaker of the house;

(2) the senate, the president of the senate;

(3) the state secretary's office, the state secretary;

(4) the attorney general's office, the attorney general;

(5) the state auditor's office, the state auditor;

(6) the treasurer and receiver general's office, the state treasurer;

(7) for each court of the commonwealth, the chief judge of such court;

(8) for each executive office in the commonwealth and all governmental bodies within such executive office, the secretary for such executive office;

(9) the governor's office, the governor;

(10) the lieutenant governor's office, the lieutenant governor;

(11) for each county, the chairman of the county commissioners;

(12) for each authority or other governmental body not covered by clauses one through eleven above, the executive or administrative head of such authority or governmental body; and such persons shall furnish such lists within sixty days. The executive director may add any position that he determines to be a major policymaking position in such governmental body to such list. Any person aggrieved by such action of the executive director may appeal such action to the commission.

SECTION 195. Section 5 of said chapter 268B, as appearing in the 1984 Official Edition, is hereby amended by striking out, in line 39, the words "2, 3 and 6 below" and inserting in place thereof the following words:- (2), (3) and (6).

SECTION 196. Said section 5 of said chapter 268B, as so appearing, is hereby further amended by striking out, in line 112, the figure "3" and inserting in place thereof the following word:- three.

SECTION 197. Said chapter 268B is hereby further amended by striking out section 7, as amended by chapter 118 of the acts of 1985, and inserting in place thereof the following section:-

Section 7. Penalties for violation of confidentiality and for perjury.

Any person who violates the confidentiality of a commission inquiry under the provisions of paragraph (a) of section four of this chapter shall be punished by a fine of not more than one thousand dollars or by imprisonment for not more than one year, or both.

Any person who willfully affirms or swears falsely in regard to any material matter before a commission proceeding under paragraph (c) of section four of this chapter, or who files a false statement of financial interests under section five of this chapter shall be punished by a fine of not more than one thousand dollars or by imprisonment in the state prison for not more than three years, or in a house of correction for not more than two and one-half years, or both.

SECTION 198. Section 31 of chapter 272 of the General Laws, as appearing in the 1984 Official Edition, is hereby amended by striking out, in line 2, the word "twenty-nine B", and inserting in place thereof the following word:- , twenty-nine B.

SECTION 199. Paragraph C of section 99 of said chapter 272, as so appearing, is hereby amended by striking out subparagraph 2 and inserting in place thereof the following subparagraph:-

2. Editing of tape recordings in judicial proceeding prohibited.

Except as otherwise specifically provided in this section any person who willfully edits, alters or tampers with any tape, transcription or recording of oral or wire communications by any means, or attempts to edit, alter or tamper with any tape, transcription or recording of oral or wire communications by any means with the intent to present in any judicial proceeding or proceeding under oath, or who presents such recording or permits such recording to be presented in any judicial proceeding or proceeding under oath, without fully indicating the nature of the changes made in the original state of the recording, shall be fined not more than ten thousand dollars or imprisoned in the state prison for not more than five years or imprisoned in a jail or house of correction for not more than two years or both so fined and given one such imprisonment.

SECTION 200. Section 83A of chapter 276 of the General Laws, as so appearing, is hereby amended by striking out, in line 4, the word "officer" and inserting in place thereof the following word:- officers.

SECTION 201. Section 92A of said chapter 276, as so appearing, is hereby amended by striking out, in line 11, the word "reimbursment" and inserting in place thereof the following word:- reimbursement.

SECTION 202. Section 4 of chapter 276A of the General Laws, as so appearing, is hereby amended by striking out, in line 4, the word "thirty-seven" and inserting in place thereof the following word:- thirty-eight.

SECTION 203. Paragraph (1) of subsection (b) of section 16D of chapter 278 of the General Laws, as appearing in chapter 682 of the acts of 1985, is hereby amended by striking out the first sentence and inserting in place thereof the following sentence:- At any time after the issuance of a complaint or indictment alleging an offense punished by any of the statutes listed herein, the court on its own motion or on motion of the proponent of a child witness, and after a hearing, may order the use of a suitable alternative procedure for taking the testimony of the child witness, in proceedings pursuant to said complaint or indictment, provided that the court finds by a preponderance of the evidence at the time of the order that the child witness is likely to suffer psychological or emotional trauma as a result of testifying in open court, as a result of testifying in the presence of the defendant, or as a result of both testifying in open court and testifying in the presence of the defendant.

SECTION 204. The first paragraph of section 9 of chapter 645 of the acts of 1948, as most recently amended by section 3 of chapter 394 of the acts of 1984, is hereby further amended by striking out subsection (d).

SECTION 205. Section two hundred and sixty-five of chapter one thousand one hundred and fourteen of the acts of nineteen hundred and seventy-three is hereby repealed.

SECTION 206. Section seven of chapter three hundred and forty-eight of the acts of nineteen hundred and eighty-four is hereby repealed.

SECTION 207. Section 3 of chapter 369 of the acts of 1984 is hereby amended by striking out, in line 11, the word "affairs" and inserting in place thereof the following word:- management.

SECTION 208. Clause (o) of section 6 of chapter 372 of the acts of 1984 is hereby amended by striking out, in line 3, the word "or" and inserting in place thereof the following word:- of.

SECTION 209. The last sentence of paragraph (c) of section 7 of said chapter 372 is hereby amended by striking out, in line 11, the word "in" and inserting in place thereof the following word:- and.

SECTION 210. Paragraph (h) of section 12 of said chapter 372 is hereby amended by striking out, in line 7, the word "bonds", the first time it appears, and inserting in place thereof the following word:- bond.

SECTION 211. Paragraph (d) of section 26 of said chapter 372 is hereby amended by striking out, in line 10, the word "deep" and inserting in place thereof the following word:- deem.

SECTION 211A. Section 2 of chapter 275 of the acts of 1985 is hereby amended by striking out, in lines 4 and 5, the words "Universal Massachusetts Accounting System Handbook" and inserting in place thereof the words:- Uniform Municipal Accounting System.

SECTION 212. Section 16 of chapter 593 of the acts of 1985 is hereby amended by striking out, in line 1, the figure "62" and inserting in place thereof the following figure:- 62C.

SECTION 213. Section twenty-two of said chapter five hundred and ninety-three is hereby repealed.

SECTION 214. Section one of chapter six hundred and sixty-two of the acts of nineteen hundred and eighty-five is hereby repealed.

SECTION 215. Section 3 of chapter 702 of the acts of 1985 is hereby amended by striking out, in line 2, the word "subsection (6)" and inserting in place thereof the following words:- subsections (6) and (7).

SECTION 216. Section twelve of chapter seven hundred and twenty-eight of the acts of nineteen hundred and eighty-five is hereby repealed.

SECTION 217. Section eight of chapter seven hundred and forty-five of the acts of nineteen hundred and eighty-five is hereby repealed.

SECTION 218. Chapter 120 of the acts of 1986 is hereby amended by striking out section 2 and inserting in place thereof the following section:-

Section 2. Said section 22 of said chapter 170 is hereby further amended by striking out clause (h), added by section 2 of chapter 44 of the acts of 1986, and inserting in place thereof the following two clauses:- (h) investments in shares of the Co-operative Bank Investment Fund established by chapter four hundred and eighty-two of the acts of nineteen hundred and eighty-four, (i) shares or certificates in the Assets Management Fund for Savings Institutions, so-called; provided, however, that the investments made by said fund are limited solely to those investments which qualify as "liquid assets" or "short term liquid assets" under section 523.10 (g) and (h) of the regulations of the Federal Home Loan Bank System issued pursuant to 12 USC 1464, et seq; and provided, further, that no more than twenty per cent of said reserve may be invested in such shares or certificates.

SECTION 219. Section 6 of chapter 348 of the acts of 1986 is hereby amended by striking out, in line 2, the words "section 3 of chapter 788 of the acts of 1985", and inserting in place thereof the following words:- section 7 of chapter 35 of the acts of 1986.

SECTION 220. Chapter four hundred and sixty-four of the acts of nineteen hundred and eighty-six is hereby repealed.