Session Laws

Whereas, The deferred operation of this act would tend to defeat its purpose, which is to immediately make certain corrective changes in certain general and special laws, therefore it is hereby declared to be an emergency law, necessary for the immediate preservation of the public convenience.

Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority of the same, as follows:

SECTION 1. Section 7 of chapter 4 of the General Laws, as appearing in the 1986 Official Edition, is hereby amended by striking out, in lines 148 and 160, the word "subparagraph" and inserting in place thereof, in each instance, the following word:- subclause.

SECTION 1A. Said section 7 of said chapter 4, as so appearing, is hereby further amended by striking out, in line 174, the word "The" and inserting in place thereof the following word:- the.

SECTION 2. Section 12HH of chapter 6 of the General Laws, as so appearing, is hereby amended by striking out, in line 2, the word "statue" and inserting in place thereof the following word:- Statue.

SECTION 3. Section 75 of said chapter 6, as so appearing, is hereby amended by striking out, in line 82, the word ", he".

SECTION 4. The third paragraph of section 125 of said chapter 6, as so appearing, is hereby amended by striking out the first sentence and inserting in place thereof the following sentence:- The commission may appoint an executive secretary, research assistants, and legal, clerical, and other assistants as may be necessary to carry out its duties.

SECTION 5. Section 4B of chapter 7 of the General Laws, as so appearing, is hereby amended by striking out the second sentence and inserting in place thereof the following two sentences:- The said budget director shall be appointed by the commissioner, with the approval of the governor, and may be removed, for cause, in like manner. He shall be a person of ability and experience, and shall devote his entire time to the duties of his office; and said office shall not be classified under chapter thirty-one.

SECTION 6. The fourth paragraph of section 40C of said chapter 7, as so appearing, is hereby amended by striking out the first sentence and inserting in place thereof the following sentence:- The deputy commissioner shall develop quantitative performance measures for each individual office and other administrative units located therein and for the division as a whole.

SECTION 7. Section 17 of chapter 10 of the General Laws, as amended by section 5 of chapter 599 of the acts of 1986, is hereby further amended by striking out the second sentence.

SECTION 8. Section 5 of chapter 15A of the General Laws, as appearing in the 1986 Official Edition, is hereby amended by striking out, in line 19, the word "board" and inserting in place thereof the following word:- boards.

SECTION 9. The first paragraph of section 29 of chapter 19A of the General Laws, as so appearing, is hereby amended by striking out, in line 8, the word "time" and inserting in place thereof the following word:- term.

SECTION 10. Section 15 of chapter 19B of the General Laws, as appearing in section 9 of chapter 599 of the acts of 1986, is hereby amended by striking out, in line 30, the word "its" and inserting in place thereof the following word:- it.

SECTION 11. The General Laws are hereby amended by striking out chapter 19B, inserted by section 1 of chapter 655 of the acts of 1986, and inserting in place thereof the following chapter:- `tuc CHAPTER 19C. DISABLED PERSONS PROTECTION COMMISSION.

Section 1. As used in this chapter, the following words shall, unless the context requires otherwise, have the following meanings:-

"Abuse", an act or omission which results in serious physical or emotional injury to a disabled person; provided, however, that no person shall be considered to be abused for the sole reason that such person is being furnished or relies upon treatment in accordance with the tenets and teachings of a church or religious denomination by a duly accredited practitioner thereof.

"Caretaker", a disabled person's parent, guardian or other person or agency responsible for a disabled person's health or welfare, whether in the same home as the disabled person, a relative's home, a foster home or any other day or residential setting.

"Commission", the disabled persons protection commission established pursuant to section two.

"Disabled person", a person between the ages of eighteen to fifty-nine, inclusive, who is mentally retarded, as defined by section one of chapter one hundred and twenty-three, or who is otherwise mentally or physically disabled and as a result of such mental or physical disability is wholly or partially dependent on others to meet his daily living needs.

"General counsel" or "counsel", the general counsel of the executive office of human services.

"Mandated reporter", any physician, medical intern, hospital personnel engaged in the examination, care or treatment of persons, medical examiner, dentist, psychologist, nurse, chiropractor, podiatrist, osteopath, public or private school teacher, educational administrator, guidance or family counselor, day care worker, probation officer, social worker, foster parent, police officer or person employed by a state agency within the executive office of human services as defined by section sixteen of chapter six A, or employed by a private agency providing services to disabled persons who, in his professional capacity shall have reasonable cause to believe that a disabled person is suffering from a reportable condition.

"Reportable condition", a serious physical or emotional injury resulting from abuse, including unconsented to sexual activity.

"State agency", any agency of the commonwealth that provides services or treatment to disabled persons, including private agencies providing such services or treatment pursuant to a contract or agreement with an agency of the commonwealth.

Section 2. There is hereby established within, but not subject to the control of, the executive office of human services, a commission for the protection of disabled persons, to be known as the disabled persons protection commission. The purpose of the commission shall be to provide for the investigation and remediation of instances of abuse of disabled persons in the commonwealth. The commission shall consist of three members to be appointed by the governor, one of whom he shall designate as chairman. Members of the commission shall serve for terms of three years. Any member whose term has expired shall continue to serve until such member's successor has been duly appointed and qualified. Any member shall be eligible for reappointment. Members may be removed by the governor for willful misconduct or neglect of duty or for inability to perform the powers and duties of the office. Members of the commission shall be compensated for work performed for the commission at such rate as the commissioner of administration shall determine and shall be reimbursed for their expenses.

Section 3. The commission shall have the following powers and duties:-

(a) to employ, subject to appropriation, such staff as shall be necessary to carry out its duties pursuant to this chapter. Such staff shall serve at the pleasure of the commission and shall not be subject to the provisions of chapter thirty-one;

(b) to promulgate, 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 hearings conducted pursuant to section eight;

(c) to provide for the investigation of alleged abuse of disabled persons initiated pursuant to section four;

(d) to designate other state agencies within the executive office of human services for the furnishing of protective services in accordance with the provisions of section six;

(e) to issue reports, including findings of facts and recommendations, upon concluding an investigation, and to refer matters upon which investigations have been completed pursuant to section nine;

(f) to take appropriate measures to notify state agencies, disabled persons and other interested parties of the provisions of this chapter;

(g) to maintain files, records of investigations and reports which shall be retained and made available in accordance with the provisions of chapters sixty-six and sixty-six A;

(h) to develop standards for deferral of investigations to the executive office of human services and to agencies within the executive office of human services under section twelve and in consultation with the secretary of the executive office of human services.

The commission shall promulgate rules and regulations establishing procedures to exclude personally identifiable information regarding the subjects of investigations and to carry out the responsibilities of this chapter in such a way as to disclose as little personally identifiable information as possible.

Section 4. Upon receipt of a report of abuse of a disabled person, the commission shall:-

(a) refer immediately any such reports which allege the occurrence of abuse that is subject to the provisions of sections fourteen to twenty-six, inclusive, of chapter nineteen A, sections seventy-two F to seventy-two L, inclusive, of chapter one hundred and eleven, or sections fifty-one A to fifty-one F, inclusive, of chapter one hundred and nineteen to the appropriate agency for the implementation of measures provided in said sections.

(b) refer immediately any such reports, which allege the occurrence of abuse to a disabled person whose caretaker is a state agency, to an investigator of the commission and the general counsel of the office of the secretary of human services, or his designee, within such office and to the department within the executive office of human services which provides or which has contracted for the provision of services to the disabled person. Said department shall investigate such abuse as provided in section five, subject to the oversight of said office and the commission and subject to the power of the commission to conduct its own investigation.

(c) refer immediately any such reports which allege the occurrence of abuse to a disabled person whose caretaker is other than a state agency to the general counsel or to the department of mental health, in those cases where the disabled person is mentally retarded or otherwise mentally disabled, or to the Massachusetts rehabilitation commission, in those cases where the disabled person is physically disabled and said counsel or the department of mental health or the department of public health shall immediately, upon such referral, designate an investigator who shall investigate such abuse as provided in section five.

Section 5. Upon receipt of a report of abuse of a disabled person, an investigator designated by the commission, the general counsel, or a department within the executive office of human services shall:-

(1) Investigate and evaluate the information reported in said reports. Said investigation and evaluation shall be made within twenty-four hours if the commission, counsel or department of mental health or department of public health determines that there is reasonable cause to believe the disabled person's health or safety is in immediate danger from further abuse and within ten calendar days for all other such reports. The investigation shall include a visit to the disabled person's residence and day program, if any, an interview with the disabled person allegedly abused, a determination of the nature, extent and cause or causes of the injuries, the identity of the person or persons responsible therefor and all other pertinent facts. Such determinations and evaluations shall be in writing and shall be immediately forwarded to the commission, to the general counsel and to the department of mental health and the department of public health.

(2) Evaluate the environment of the facility named in the report, if any, and make a written determination of the risk of physical or emotional injury to any other residents or clients in the same facility.

(3) Forward to the commission, the general counsel, the department of mental health and the department of public health within a reasonable time after a case is initially reported pursuant to section four, a summary of the findings and recommendations on each case.

(4) If there is reasonable cause to believe that a disabled person has died as a result of abuse, immediately report said death to the commission, the general counsel, the attorney general, the district attorney for the county in which such death occurred, and to the medical examiner as required by section six of chapter thirty-eight.

Section 6. The commission, acting through state agencies within the executive office of human services designated by the commission, for the purpose of furnishing protective services, the general counsel acting through state agencies within the executive office of human services designated by the secretary of human services for the purpose of furnishing protective services, the department of mental health and the department of public health shall, as necessary to prevent further abuse in cases investigated by said commission, counsel or department:-

(1) furnish protective services to a disabled person either with his consent or with the consent of his current guardian;

(2) petition the court for appointment of a conservator or guardian or for issuance of an emergency order for protective services as provided in section seven; or

(3) furnish protective services to a disabled person on an emergency basis as provided in section seven.

Section 7. (a) If the commission, the general counsel, the department of mental health or the department of public health, has reasonable cause after initiation of an investigation to believe that a disabled person is suffering from abuse and lacks the capacity to consent to the provision of protective services, such commission, counsel or department may petition the court for a finding that the disabled person is incapable of consenting to the provision of protective services. Said petition shall set forth the specific facts upon which said commission, counsel or department relied in making such determination. The court shall hold a hearing on the matter within fourteen days of the filing of the petition. The court shall give notice to the disabled person who is the subject of the petition at least five days prior to the date set for the hearing. The disabled person who is the subject of the petition shall have the right to be present, be represented by counsel, present evidence, and examine and cross-examine witnesses. If the disabled person who is the subject of the petition is indigent, the court shall appoint counsel to represent such disabled person. If the court determines that the disabled person lacks the capacity to waive the right to counsel, the court shall appoint a guardian ad litem to represent the interests of such disabled person. If, after hearing, the court determines, based upon a preponderance of the evidence, that such disabled person has been abused, is in need of protective services and lacks the capacity to consent and no other person who is authorized to consent is available or willing to consent, the court may appoint a conservator, guardian, or other person authorized to consent to the provision of protective services; provided, however, that the court shall establish the least restrictive form of fiduciary representation that will satisfy the needs of such disabled person. In addition to or in the alternative, the court may issue an order requiring the provision of services. The order shall contain a specific description of the services to be provided and insure that the least restrictive alternatives are utilized.

(b) If an emergency exists and said commission, counsel or department, a member of the immediate family or a caretaker has reasonable cause to believe that a disabled person is suffering from abuse and lacks the capacity to consent to the provision of protective services, said commission, counsel or department, member of the immediate family or caretaker may petition the court for an emergency order of protective services. The court shall give notice to the disabled person who is the subject of the petition at least twenty-four hours prior to the hearing. The court may dispense with notice upon finding that immediate and reasonable foreseeable physical harm to the individual or others will result from the twenty-four hour delay and that reasonable attempts have been made to give such notice. If after the hearing, the court determines, based upon a preponderance of the evidence, that the disabled person has been or is being abused, that an emergency exists, and that the disabled person lacks the capacity to consent to the provision of services, the court may order the provision of protective services on an emergency basis. The court shall order only those services necessary to remove the conditions creating the emergency and shall specifically designate the authorized services in its order. The order for emergency protective services shall remain in effect for a period not to exceed seventy-two hours. Said order may be extended for an additional seventy-two hour period if the court finds that such extension is necessary to remove the emergency.

(c) The court shall not order an institutional placement or change of residence unless it finds that no less restrictive alternative will meet the needs of the disabled person. No disabled person may be committed to a mental health facility pursuant to this section. The disabled person or his court appointed representative, said commission, counsel or department may petition to have any order issued pursuant to subsection (a) or (b) set aside or modified at any time.

Section 8. If, upon completion of investigation of a report of abuse of a disabled person whose caretaker is a state agency there is reasonable cause to conclude that such abuse did occur, or whenever, upon its own motion, the commission determines that a formal hearing is necessary to ascertain the scope and remedy of such abuse of disabled persons whose caretaker is a state agency, the commission may, upon a majority vote, initiate a formal investigation, including a hearing, to determine the nature and the extent of such abuse and what recommendations, if any, should be made with respect to such occurrence. Testimony in commission proceedings may, in the discretion of the commission, be recorded and taken under oath. The commission may, in its discretion, permit any party to testify, to call and examine witnesses, to introduce evidence or to cross-examine witnesses. Before testifying, all witnesses shall be given a copy of the regulations governing the commission proceedings. Each witness shall be entitled to be represented by counsel and may refuse to submit evidence or give testimony if such evidence or testimony could tend to incriminate him. All proceedings of the commission shall be public unless the commission votes to go into executive session. Any person whose name is mentioned during a proceeding under this section and who may be adversely affected by any action of the commission under section nine shall have the right to appear personally, to be represented by counsel in connection with the proceedings, to call and examine witnesses, to introduce evidence or to cross-examine witnesses.

Section 9. Upon the completion of any formal investigation, the commission shall:-

(a) issue a written report and refer the same to the appropriate state agency. Such report shall contain findings of fact concerning the alleged occurrence of abuse that was the subject of the investigation, together with a finding as to whether or not such abuse did occur and, if so, what actions are necessary to remedy the causes of such abuse or to prevent its reoccurrence;

(b) refer any matters for which there is reason to believe that a crime has been committed to the attorney general, the United States attorney or a district attorney for the county wherein such crime was committed;

(c) refer any matters for which there is reason to believe that employee misconduct has occurred to the state agency employing such person for imposition of disciplinary measures in accordance with the requirements of any applicable law, regulation or collective bargaining agreement; or

(d) refer any matters for which there is reason to believe that misconduct has occurred by a contractor with a state agency or by such contractor's agent, to the state agency contracting with such party for termination of such contract or for such other action as may be deemed appropriate by such state agency.

Section 10. Except when prevented by the constraints of professional privilege as hereinafter provided, mandated reporters shall notify the commission orally of any reportable condition immediately upon becoming aware of such condition and shall report in writing within forty-eight hours after such oral report.

Mandated reporters who have reasonable cause to believe that a disabled person has died as a result of a reportable condition shall immediately report such death, in writing, to the commission, to the district attorney for the county in which such death occurred and to the medical examiner as required by section six of chapter thirty-eight.

Any person may file report if such person has reasonable cause to believe that a disabled person is suffering from abuse or has died as a result thereof.

No mandated reporter shall be liable in any civil or criminal action by reason of submitting a report. No other person making a report shall be liable in any civil or criminal action by reason of submitting a report if such report was made in good faith; provided, however, that no person who abuses a disabled person shall be exempt from civil or criminal liability by reason of their reporting such abuse.

No privilege established, by section one hundred and thirty-five of chapter one hundred and twelve, by section twenty or twenty B of chapter two hundred and thirty-three, by court decision or by professional code relating to the exclusion of confidential communications and the competency of witnesses may be invoked to prevent a report by a mandated reporter or in any civil action arising out of a report made pursuant to this chapter; provided, however, that a mandated reporter need not report an otherwise reportable condition if the disabled person invokes a privilege, established by law or professional code, to maintain the confidentiality of communications with such mandated reporter.

Any person required by this section to make oral and written reports, who fails to do so, shall be punished by a fine of not more than one thousand dollars.

Section 11. No person shall discharge or cause to be discharged or otherwise discipline or in any manner discriminate against or threaten any employee, client or other person for filing a report with the commission or testifying in any commission proceeding, or providing information to the commission, the general counsel or the secretary of human services, the department of mental health or the department of public health or any department within the executive office of human services in the course of an investigation of alleged abuse of a disabled person. Any person who willfully violates the provisions of this section shall be punished by a fine of not more than one thousand dollars or by imprisonment for not more than one year, or both. The commission shall enforce the provisions of this section.

Section 12. Nothing in this chapter shall be construed to be a limitation of the powers and responsibilities assigned by law to other departments or agencies, nor shall this chapter be construed to relieve any such department or agency of its obligations to investigate and respond appropriately to alleged incidents of abuse. If the commission determines that a formal investigation under section eight, or an investigation under sections four and five, would duplicate or interfere with an ongoing investigation by law enforcement officials concerning possible criminal conduct arising out of the same conduct, it may, in consultation with the secretary of human services, delay or defer such formal investigation. The commission may, in consultation with the secretary of human services, delay or defer a formal investigation during the pendency of an investigation of the alleged abuse by the state agency at whose facility or program such abuse was alleged to have occurred. Such investigations may be delayed or deferred by the commission only after it has determined: that the health and the safety of clients of state agencies will not be adversely affected thereby; that the commission's ability to conduct a later investigation will not be unreasonably impaired and that the investigation of the incident by another official or agency will be conducted in good faith by an impartial, qualified investigator. The commission shall monitor the progress of such other investigations in order to determine when or whether the commission's investigation of the alleged incident of abuse should be initiated or resumed.

SECTION 12. Section 3A of chapter 21E of the General Laws, as appearing in the 1986 Official Edition, is hereby amended by striking out, in line 147, the word "are" and inserting in place thereof the following word:- as.

SECTION 13. The second paragraph of section 6 of chapter 29 of the General Laws, as so appearing, is hereby amended by striking out the first sentence and inserting in place thereof the following sentence:-

The operating budget shall be set out in accordance with the provisions of section six D and classified and designated so as to show separately estimates and recommendations for: (a) expenses for administration, operation and maintenance; (b) deficiencies or overdrafts in appropriations for former years; (c) interest on the public debt and sinking fund and serial bond requirements; and (d) all requests and proposals for expenditures for new programs and other undertakings; and shall include in detail definite recommendations of the governor relative to the amounts which should be appropriated therefor.

SECTION 14. Section 53A of said chapter 29, as so appearing, is hereby amended by striking out the last paragraph and inserting in place thereof the following paragraph:-

The state treasurer shall file a report with the house and senate committees on ways and means no later than thirty days after the sale of any General Obligation Refunding Bonds. Said report shall include written documentation of compliance with the provisions of this section, including, but not limited to, the issue or issues to be refunded, the projected dollar savings and the projected present value savings.

SECTION 15. Section 1 of chapter 29B of the General Laws, as so appearing, is hereby amended by striking out, in lines 13 and 18, the word "quotent" and inserting in place thereof, in each instance, the following word:- quotient.

SECTION 16. Section 4A of chapter 40F of the General Laws, inserted by section 5 of chapter 324 of the acts of 1987, is hereby amended by striking out the first paragraph and inserting in place thereof the following paragraph:-

The state treasurer acting on behalf of the commonwealth shall enter into an agreement with the corporation providing that the commonwealth shall purchase shares of the corporation in the amount of two million dollars per fiscal year of the commonwealth for a period of two such years; in return for said investment the commonwealth shall receive two hundred thousand shares, designated Class A shares, of stock in the corporation per year upon each purchase for a total of four hundred thousand shares by the end of the second year. The state treasurer acting on behalf of the commonwealth shall enter into an agreement with the corporation providing that the commonwealth shall purchase shares of the corporation in the amount of five hundred thousand dollars per fiscal year of the commonwealth for a period of two such years; in return for said investment the commonwealth shall receive one hundred thousand shares, designated Class B shares, of stock in the corporation per year upon each such purchase for a total of two hundred thousand Class B shares by the end of the second year. These shares, together with the shares purchased by the state treasurer pursuant to section four, shall constitute the entire issues of stock of the corporation.

SECTION 17. Section 34 of chapter 53 of the General Laws is hereby amended by striking out the sixth paragraph, as appearing in the 1986 Official Edition, and inserting in place thereof the following paragraph:-

Against the name of a candidate for an elective office shall be printed the statement contained in the nomination paper placing him in nomination, except where vacancies caused by death, withdrawal or physical disability are filled.

SECTION 18. The seventh paragraph of said section 34 of said chapter 53, as so appearing, is hereby amended by striking out the first sentence and inserting in place thereof the following sentence:- Except where vacancies caused by death, withdrawal or physical disability are filled, no names shall be printed on a ballot other than those presented on nomination papers.

SECTION 19. Section 8 of chapter 90 of the General Laws, as so appearing, is hereby amended by striking out, in line 57, the word "manufacture" and inserting in place thereof the following word:- manufacturer.

SECTION 20. Section 14 of said chapter 90, as so appearing, is hereby amended by striking out, in line 31, the word "the" and inserting in place thereof the following word:- than.

SECTION 21. Section 2 of chapter 90E of the General Laws, as so appearing, is hereby amended by striking out, in line 22, the word "advise" and inserting in place thereof the following word:- advice.

SECTION 22. Chapter 112 of the General Laws is hereby amended by striking out sections 38 and 39, as so appearing, and inserting in place thereof the following two sections:-

Section 38. No store or retail food store pharmacy department shall be kept open for the transaction of the retail drug business, or be advertised or represented as transacting such business, by means of any sign or advertisement containing the words "drug store", "pharmacy", "apothecary", "drug", "drugs", "medicine shop", or any combination of such words, or otherwise, unless it is registered with, and a permit therefor has been issued by the board as provided in the following section; provided, however, that said words, or any of them, may, with the written permission of the board, be used with respect to a store or retail food store pharmacy department not registered with, and not having a permit issued by, the board as aforesaid, if in the town, or voting precinct thereof, where such store or retail food store pharmacy department is located there is no store or retail food store pharmacy department so registered and having such a permit. Such permit shall be displayed in a conspicuous place in the store or retail food store pharmacy department for which it is issued. The word "town", as used in this section, shall not include city. Identification of a retail food store pharmacy department by use of the words "drug store", "pharmacy", "apothecary", "drug", "drugs", "medicine shop", or any combination thereof shall be restricted to the area registered by the board for the transaction of the retail drug business.

Section 39. The board may, upon application made in such manner and form as it shall determine, register a store or retail food store pharmacy department for the transaction of the retail drug business, and issue to such person as it deems qualified to conduct such store or retail food store pharmacy department, a permit to keep it open; provided, however, that the board may deny such registration and refuse to issue such permit if, in its reasonable discretion, such store or retail food store pharmacy department would be inconsistent with or opposed to the best interests of the public health, welfare or safety, but no such registration shall be made or permit issued in the case of a corporation unless it shall appear to the satisfaction of the board that the management of such drug store or retail food store pharmacy department is in the hands of a registered pharmacist. Such permit shall expire on December thirty-first of each uneven numbered year following the date of its issue, and the fee therefor shall be determined annually by the commissioner of administration under the provision of section three B of chapter seven.

The board shall, within one hundred and fifty days after the filing of an application render a final decision denying or allowing registration. Failure to render such decision, except when such failure to act is caused by the delay of the applicant, shall constitute an approval of the application and permit shall be issued. For the purposes of this section and section thirty-eight the term retail food store pharmacy department shall mean any area for the transaction of the retail drug business which is located within a retail food store.

SECTION 23. The last paragraph of subsection (b) of section 12 of chapter 119A of the General Laws, as so appearing, is hereby amended by striking out the last sentence and inserting in place thereof the following sentence:- In any case with an outstanding support order under this chapter in which no order of assignment has been executed, said IV-D agency shall execute an assignment and this section shall apply.

SECTION 24. Said section 12 of said chapter 119A, as so appearing, is hereby amended by striking out, in line 87, the word "ha" and inserting in place thereof the following word:- has.

SECTION 25. Section 15 of chapter 123 of the General Laws, as so appearing, is hereby amended by striking out, in line 106, the word "for" and inserting in place thereof the following word:- from.

SECTION 26. Section 33 of said chapter 123, as amended by section 38 of chapter 599 of the acts of 1986, is hereby further amended by striking out the first sentence and inserting in place thereof the following sentence:- All necessary expenses attending the apprehension, examination, hearing, commitment or delivery of a mentally ill person, or an alleged alcoholic shall be allowed and certified by the judge if said person is committed pursuant to this chapter, and presented as often as once a year to the comptroller, who shall examine and audit the same.

SECTION 27. Section 35 of said chapter 123, as appearing in the 1986 Official Edition, is hereby amended by striking out, in line 73, the word "presented" and inserting in place thereof the following word:- represented.

SECTION 28. The third paragraph of section 3 of chapter 123B 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 division shall conduct an adjudicatory hearing within ninety days in accordance with the provisions of chapter thirty A, and the burden of proof shall be on the department.

SECTION 29. Section 146 of chapter 127 of the General Laws is hereby amended by striking out, in lines 2 and 15, as so appearing, the words "three months" and inserting in place thereof, in each instance, the following words:- one month.

SECTION 30. Section 40 of chapter 131 of the General Laws, as so appearing, is hereby amended by striking out, in line 333, the word "ten A" and inserting in place thereof the following word:- seven A.

SECTION 31. Section 19B of chapter 138 of the General Laws, as so appearing, is hereby amended by inserting after the word "transfer", in lines 48 and 49, the following word:- or.

SECTION 32. The second paragraph of section 32R of chapter 140 of the General Laws, as so appearing, is hereby amended by striking out the fourth sentence and inserting in place thereof the following sentence:- Failure of the incorporated home owners' association to execute such a purchase and sale agreement or lease within the first forty-five day period or to obtain a binding commitment for financing within the second forty-five day period shall serve to terminate the right of such association to purchase or lease the mobil home park.

SECTION 33. Section 131 of said chapter 140, as so appearing, is hereby amended by inserting after the word "more", in line 150, the following word:- than.

SECTION 34. Section 26A 1/2 of chapter 148 of the General Laws, as so appearing, is hereby amended by striking out the fourth paragraph and inserting in place thereof the following paragraph:-

Any building or structure subject to the provisions of this section shall comply with the following schedule for the installation of automatic sprinklers:- one-third of the gross square footage of the building or structure shall be equipped with automatic sprinklers by January first, nineteen hundred and ninety, two-thirds of the gross square footage of the building or structure shall be equipped with automatic sprinklers by January first, nineteen hundred and ninety-three, and the entire gross square footage of the building or structure shall be equipped with automatic sprinklers by January first, nineteen hundred and ninety-seven; provided, however, the owner of said building or structure may apply to the board of appeals of the fire safety commission for an extension or a waiver of the provisions of this section as provided for in section two hundred and one of chapter six.

SECTION 35. Section 29 of chapter 151A of the General Laws, as so appearing, is hereby amended by striking out, in line 36, the word "six" and inserting in place thereof the following word:- fifteen.

SECTION 36. Said section 29 of said chapter 151A is hereby further amended by striking out the word "fifteen", inserted by section 35 of this act.

SECTION 37. Section 71A of said chapter 151A is hereby amended by striking out the definition of "Advance notification", as amended by section 141 of chapter 199 of the acts of 1987, and inserting in place thereof the following definition:-

"Advance notification", a voluntary declaration in writing given by the employer to the employee or to the employee's authorized collective bargaining agent that a plant closing will occur.

SECTION 38. Section 6 of chapter 151B of the General Laws, as appearing in the 1986 Official Edition, is hereby amended by striking out, in line 27, the words "paragraph (8) of section fourteen of chapter 30A" and inserting in place thereof the following words:- paragraph (7) of section fourteen of chapter thirty A.

SECTION 39. Section 1 of chapter 151D of the General Laws, as so appearing, is hereby amended by striking out, in line 111, the word "or" and inserting in place thereof the following word:- of.

SECTION 40. Section eleven A of chapter one hundred and fifty-two of the General Laws, as most recently amended by section three of chapter six hundred and ninety-three of the acts of nineteen hundred and fifty-seven, is hereby repealed.

SECTION 41. Section 11A of said chapter 152 of the General Laws, as appearing in the 1986 Official Edition, is hereby amended by striking out paragraph (1) and inserting in place thereof the following paragraph:-

(1) With the assistance of the medical consultant to the commissioner, the director of dispute resolution shall establish and periodically review and update separate rosters of duly qualified impartial physicians who are specialists in various medical fields, one of which shall be the field of mental and emotional disabilities.

SECTION 42. Section 35A of said chapter 152, as so appearing, is hereby amended by striking out the second paragraph and inserting in place thereof the following paragraph:-

An administrative judge or the reviewing board may in his or its discretion order the insurer or self-insurer to make payment of the six dollars aforesaid directly to the dependent.

SECTION 43. Section 19E of chapter 159 of the General Laws, as so appearing, is hereby amended by striking out the last paragraph and inserting in place thereof the following paragraph:-

No person shall, in soliciting a sale or order for the sale of goods or services at the residence of a prospective buyer by the telephone, use any plan, scheme, or ruse which misrepresents his true status or mission for the purpose of making such sale or order for the sale of goods or services.

SECTION 44. Section 9 of chapter 175 of the General Laws, as so appearing, is hereby amended by inserting after the word "calendar", in lines 216 and 217, the following word:- year.

SECTION 45. Section 5A of chapter 175A of the General Laws, as so appearing, is hereby amended by striking out the fifth paragraph.

SECTION 46. Said section 5A of said chapter 175A, as so appearing, is hereby further amended by inserting after the sixth paragraph the following paragraph:-

Every mutual company issuing medical malpractice insurance policies shall constitute such policies as a separate class of business for the purpose of paying dividends. Any dividends on such policies shall be declared on the profits of the company from said class of business.

SECTION 47. Section 8A of chapter 176A of the General Laws, as so appearing, is hereby amended by striking out paragraph (c) and inserting in place thereof the following paragraph:-

(c) In the case of out-patient benefits, these shall cover, to the extent of five hundred dollars over a twelve-month period, services furnished (1) by a comprehensive health service organization, (2) by a licensed or accredited hospital (3) or subject to the approval of the department of mental health services furnished by a community mental health center or other mental health clinic or day care center which furnishes mental health services or (4) consultations or diagnostic or treatment sessions, provided that such services under this clause are rendered by a psychotherapist or a psychologist or licensed independent clinical social worker licensed under the provisions of chapter one hundred and twelve or by a clinical specialist in psychiatric and mental health nursing certified under the provision of said chapter one hundred and twelve; and provided, further, that such services are within the lawful scope of practice for such certified clinical specialist. For purposes of this clause "psychotherapist" shall mean a person fully licensed to practice medicine under the provisions of chapter one hundred and twelve, who devotes a substantial portion of his time to the practice of psychiatry.

SECTION 48. Section 8J of said chapter 176A of the General Laws, inserted by section 3 of chapter 363 of the acts of 1987, is hereby amended by inserting after the word "age", in line 10, the following words:- and older.

SECTION 49. Chapter 176B of the General Laws is hereby amended by striking out section 4G, inserted by section 4 of said chapter 363, and inserting in place thereof the following section:-

Section 4I. Any subscription certificate under an individual or group medical service agreement, except certificates which provide supplemental coverage to Medicare or other governmental programs, which shall be delivered or issued or renewed in the commonwealth shall provide as benefits to all individual subscribers and members within the commonwealth and to all group members having a principal place of employment within the commonwealth for expense of cytologic screening and mammographic examination. Said benefits shall be at least equal to the following minimum requirement: (a) in the case of benefits for cytologic screening, said benefits shall provide for an annual cytologic screening for women eighteen years of age and older; and (b), in the case of benefits for mammographic examination said benefits shall provide for a baseline mammogram for women between the ages of thirty-five and forty and for mammogram on an annual basis for women forty years of age and older.

SECTION 50. Chapter 176G of the General Laws is hereby amended by striking out section 4B, inserted by section 4 of chapter 618 of the acts of 1986, and inserting in place thereof the following section:-

Section 4C. Any group health maintenance contract shall provide coverage for home care services as set forth in clause (k) of section one hundred and ten of chapter one hundred and seventy-five.

SECTION 51. Section 6 of chapter 191B of the General Laws, as appearing in section 2 of chapter 319 of the acts of 1987, is hereby amended by striking out, in line 2, the words "(a)(2)(iii)".

SECTION 52. Subparagraph (2) of said section 6 of said chapter 191B, as so appearing, is hereby amended by striking out the second sentence and inserting in place thereof the following sentence:- For the purpose of making such discretionary payments, the principal shall be administered as two separate shares, which at the inception of the trust shall be equal.

SECTION 53. Subsection (e) of section 8 of said chapter 191B, as so appearing, is hereby amended by striking out the last sentence and inserting in place thereof the following sentence:- If any issue whose share is held in trust under the provisions of this section dies before the complete distribution of the share, the property to which the issue would have been entitled if living shall be distributed to the assignees, or, if none, to the estate of the deceased issue.

SECTION 54. Section 12 of said chapter 191B, as so appearing, is hereby amended by striking out subsection (e) and inserting in place thereof the following subsection:-

(e) In all other cases, personal representatives and trustees shall be appointed by the court.

SECTION 55. Subsection (a) of section 13 of said chapter 191B, as so appearing, is hereby amended by striking out clause (16) and inserting in place thereof the following clause:-

(16) enter into a lease or arrangement for exploration and removal of minerals or other natural resources or enter into a pooling or unitization agreement.

SECTION 56. Section 6A of chapter 201 of the General Laws, as appearing in the 1986 Official Edition, is hereby amended by inserting before the word "A", in line 1, the following:- (a).

SECTION 57. Chapter 201A of the General Laws, as so appearing, is hereby amended by striking out the title and inserting in place thereof the following title:- UNIFORM TRANSFERS TO MINORS ACT.

SECTION 58. Section 20 of said chapter 201A, as so appearing, is hereby amended by striking out clause (2) and inserting in place thereof the following clause:-

(2) the minor's attainment of majority under the laws of the commonwealth, other than this chapter, with respect to custodial property transferred under (i) section six; or (ii) section seven, except in the case of a transfer to a custodian nominated as provided in section three; or.

SECTION 59. Chapter 221B of the General Laws is hereby amended by striking out section 7, as so appearing, and inserting in place thereof the following two sections:-

Section 7. A hearing officer shall have the power to make the following orders, notwithstanding the default of the party chargeable with support or his failure to appear personally, which shall be subject to review and approval by a justice of the court division in which he is sitting as described in this chapter: an order for support under chapter two hundred and seven, two hundred and eight, two hundred and nine, two hundred and nine C or two hundred and seventy-three A; a judgment of contempt for failure to comply with an order to provide support, including an employer's failure to comply with an order for income assignment, for failure to appear in response to a summons, or for any other reason; a stipulation for support or modification agreed to by the parties; an order establishing the amount of arrears or the rate at which arrears are to be paid off; an order suspending a judgment enforcing the income assignment order of another state or making an income assignment order based on the judgment of another state; and all actions to enforce judgments and orders available to the courts, including, but not limited to, orders for attachment of or lien against property, orders to post bond and security, and judgments of trustee process; and such other powers as may be given to masters by statute or rule.

Section 7A. Each order or judgment of a hearing officer described in section six shall be presented to a justice of the division in which he is sitting within twenty-four hours for review and approval. The justice shall examine the record and sign each order or judgment unless he makes written findings that the hearing officer committed an error of law, that the decision is not supported by substantial evidence, or that it constitutes an abuse of discretion.

SECTION 60. Chapter 231 of the General Laws is hereby amended by striking out section 60F, inserted by section 17 of chapter 223 of the acts of 1985, and inserting in place thereof the following section:-

Section 60J. Every action for negligence in the distribution, sale or serving of alcoholic beverages to a minor or to an intoxicated person shall be commenced in the superior court department and shall proceed according to the Massachusetts Rules of Civil Procedure unless otherwise provided for by this section.

The plaintiff shall file, together with his complaint, or at such later time not to exceed ninety days thereafter, an affidavit setting forth sufficient facts to raise a legitimate question of liability appropriate for judicial inquiry.

Any party may make a motion for summary judgment pursuant to Rule 56 of the Massachusetts Rules of Civil Procedure. Any such motion shall be heard and decided promptly after issue is joined as to any party, unless the court enlarges the time for discovery. Said enlarged time for discovery shall not exceed ninety days, except on further order of the court.

On or within thirty days of filing a notice of appeal from summary judgment adverse to a plaintiff, the plaintiff shall file a bond in the amount of two thousand dollars for each adverse party on appeal secured by cash or its equivalent with the clerk of the appellate court in which the case is pending. Said bond shall be payable to the named adverse party or parties for costs assessed and attorney fees on appeal, if the appellant does not prevail on appeal. Upon motion filed by the plaintiff, and a determination by a single justice of the appellate court that the plaintiff is indigent, said justice may reduce or eliminate the amount of the bond.

If a judgment is entered for a plaintiff, the court shall report its judgment to the alcoholic beverages control commission.

SECTION 61. Section 60G of said chapter 231, as appearing in the 1986 Official Edition, is hereby amended by striking out, in line 31, the words "of the General Laws".

SECTION 62. Section 12 of chapter 269 of the General Laws, as so appearing, is hereby amended by striking out, in line 34, the words "two hundred" and inserting in place thereof the following words:- one thousand.

SECTION 63. Section 85A of chapter 276 of the General Laws, as so appearing, is hereby amended by striking out the last sentence and inserting in place thereof the following sentence:- Consistent with these and other duties, a probation officer shall assist the IV-D agency, as set forth in chapter one hundred and nineteen A to enforce child support orders.

SECTION 64. Section 5 of chapter 212 of the acts of 1975 is hereby amended by striking out the second paragraph, added by section 9 of chapter 762 of the acts of 1979.

SECTION 65. Section fourteen of chapter three hundred and thirty-four of the acts of nineteen hundred and eighty-six is hereby repealed.

SECTION 66. Chapter five hundred and eleven of the acts of nineteen hundred and eighty-six is hereby repealed.

SECTION 67. Chapter five hundred and eighty-three of the acts of nineteen hundred and eighty-six is hereby repealed.

SECTION 68. Section 4 of chapter 627 of the acts of 1986 is hereby amended by striking out, in line 2, the word "twenty-one A" and inserting in place thereof the following word:- twenty-one C.

SECTION 69. Chapter 655 of the acts of 1986 is hereby amended by striking out section 2 and inserting in place thereof the following section:-

Section 2. Notwithstanding the provisions of any general or special law to the contrary, the initial appointment of members of the disabled persons protection commission, pursuant to section two of chapter nineteen C of the General Laws, inserted by section one of this act, shall be one for a term ending January first, nineteen hundred and eighty-eight, one for a term ending January first, nineteen hundred and eighty-nine and the term of the chairman of said commission ending January first, nineteen hundred and ninety.

SECTION 70. Section 1 of chapter 106 of the acts of 1987 is hereby amended by striking out, in line 7, the word "Black" and inserting in place thereof the following word:- Blackstone.

SECTION 71. Section three of chapter one hundred and fourteen of the acts of nineteen hundred and eighty-seven is hereby repealed.

SECTION 72. Chapter one hundred and twenty-three of the acts of nineteen hundred and eighty-seven is hereby repealed.

SECTION 73. Section eight of chapter one hundred and thirty of the acts of nineteen hundred and eighty-seven is hereby repealed.

SECTION 74. Chapter three hundred and forty-nine of the acts of nineteen hundred and eighty-seven is hereby repealed.

SECTION 75. Section thirty-five of this act shall take effect as of March ninth, nineteen hundred and eighty-seven and shall cease to be operative on January first, nineteen hundred and eighty-eight.

SECTION 76. Section thirty-six of this act shall effect on January first, nineteen hundred and eighty-eight.