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 15FFF of chapter 6 of the General Laws, inserted by chapter 606 of the acts of 1987, is hereby amended by striking out, in line 5, the word "co-terminus" and inserting in place thereof the following word:- coterminous.

SECTION 2. Section 85 of said chapter 6, as appearing in the 1986 Official Edition, is hereby amended by striking out, in line 1, the figures "86 to 92" and inserting in place thereof the following words:- eighty-six to ninety-two.

SECTION 3. Section 8 of chapter 6A of the General Laws, as amended by section 1 of chapter 525 of the acts of 1987, is hereby further amended by striking out, in line 5, the words "cultural Exchange commission" and inserting in place thereof the following words:- Cultural Exchange Commission.

SECTION 4. Section 39B of chapter 7 of the General Laws, as appearing in the 1986 Official Edition, is hereby amended by striking out, in lines 50 and 52, the figure "30A" and inserting in place thereof, in each instance, the following word:- thirty A,- and by striking out, in lines 62 and 67, the words "his/her" and inserting in place thereof, in each instance, the following word:- his.

SECTION 5. Section 26C of chapter 9 of the General Laws, as appearing in the 1986 Official Edition, is hereby amended by inserting after the word "twenty-seven", in line 10, the following words:- and (6) all districts, structures, buildings, and sites listed in the state register of historic places pursuant to section twenty-six D.

SECTION 6. The second paragraph of section 65 of chapter 15 of the General Laws, as appearing in section 8 of chapter 727 of the acts of 1987, is hereby amended by striking out, in line 8, the word "included" and inserting in place thereof the following word:- include.

SECTION 7. Section 20 of chapter 20 of the General Laws, as appearing in the 1986 Official Edition, is hereby amended by striking out, in line 15, the word "forty-nine" and inserting in place thereof the following word:- forty-eight.

SECTION 8. Paragraph (d) of section 35 of chapter 23A of the General Laws, as appearing in section 4 of chapter 199 of the acts of 1988, is hereby amended by striking out the eighth sentence and inserting in place thereof the following sentence:- Bonds may be issued in bearer or in registered form, or both, and, if notes, may be made payable to bearer or to order, as the agency may determine, and provision may be made for the registration of any coupon bonds as to principal alone and also as to both principal and interest, for the reconversion into coupon bonds of bonds registered as to both principal and interest and for the interchange of bonds registered as to both principal and interest and for the interchange of registered and coupon bonds.

SECTION 9. Chapter 29 of the General Laws is hereby amended by striking out section 2J, as most recently amended by section 4 of chapter 584 of the acts of 1987, and inserting in place thereof the following section:-

Section 2J. There shall be established and set up on the books of the commonwealth a separate fund to be known as the Environmental Challenge Fund. There shall be credited to such fund:

(a) any amounts collected pursuant to section sixteen of chapter twenty-one A;

(b) any amounts collected pursuant to chapter twenty-one E;

(c) any amounts collected pursuant to chapter twenty-one H;

(d) any amounts collected pursuant to section ten or section fifteen of chapter four hundred and five of the acts of nineteen hundred and eighty-five; and

(e) any income derived from the investment of amounts credited to said fund.

Amounts credited to said fund shall be used, subject to appropriation, solely for the clean up, control or response actions for oil and hazardous materials, reducing the production of hazardous waste or for any other action necessary to implement sections three A and four of chapter twenty-one E.

SECTION 10. The second paragraph of subsection (a) of section 6B of said chapter 29, as appearing in the 1986 Official Edition, is hereby amended by striking out, in line 213, the word ",has" and inserting in place thereof the following word:- has.

SECTION 11. Section 7C of said chapter 29, as so appearing, is hereby amended by striking out, in line 46, the word "used. (d)" and inserting in place thereof the following word:- used; (d).

SECTION 12. Subdivision (2) of section 8 of chapter 32 of the General Laws, as appearing in the 1986 Official Edition, is hereby amended by striking out, in line 33, the word "If" and inserting in place thereof the following word:- (a) If.

SECTION 13. Subdivision (4) of said section 8 of said chapter 32, added by section 40 of chapter 697 of the acts of 1987, is hereby amended by inserting after the word "the", in line 3, the first time it appears, the following word:- age.

SECTION 14. Section 22D of said chapter 32, inserted by section 76 of said chapter 697, is hereby amended by striking out subdivisions (7) to (13), inclusive, and inserting in place thereof the following seven subdivisions:-

(5) Any system accepting any annual pension funding grant pursuant to this section shall transmit to each active and retired member, and to any other person actually receiving any benefit pursuant to this chapter, a copy of the annual report required by subdivision (5) of section twenty.

(6) Any system accepting any annual pension funding grant pursuant to this section shall be deemed to have accepted the ten year vesting provision provided for in subdivision (1) of section six.

(7) Any system accepting any annual pension funding grant pursuant to this section shall be deemed to have accepted the supplemental dependent allowance provided for in clause (iii) of paragraph (a) of subdivision (2) of section seven.

(8) Any system accepting any annual pension funding grant pursuant to this section shall be deemed to have accepted the provisions of section ninety G 1/2.

(9) Any system accepting any annual pension funding grant pursuant to this section shall be deemed to have accepted the fitness and wellness provisions of section sixty-one A of chapter thirty-one and section sixty-one B of chapter thirty-one, and of paragraph (e) of subdivision (3) of section five and section five A.

(10) Any system accepting any annual pension funding grant pursuant to this section shall be deemed to have accepted the provisions relative to the application of section fifty of chapter three hundred and sixty-seven of the acts of nineteen hundred and seventy-eight provided for in paragraph (b 1/2) of section twenty-two.

(11) Notwithstanding any other provision of this section or of any other general or special law, any system accepting the provisions of this section shall not be required to appropriate the normal cost of any benefits accepted under subdivision (6), (7), (8), (9) or (10) for any year prior to the fiscal year in which the first annual pension assistance grant is payable to such system.

SECTION 15. Said chapter 32 is hereby further amended by striking out section 90H, inserted by section 1 of chapter 46 of the acts of 1980, and inserting in place thereof the following section:-

Section 90I. Any member in service, classified in Group 2, who is a district engineering inspector, a state building inspector or a state elevator inspector, shall continue in service, at such members option, notwithstanding such member is mentally and physically capable of performing the duties of such office or position. Such member shall annually, at such members own expense, be examined by an impartial physician designated by the retirement authority to determine such capability. No deductions shall be made from the regular compensation of each member under the provisions of this chapter for service after such member has attained age sixty-five and upon retirement such member shall receive a superannuation retirement allowance equal to that to which such member would have been entitled had such member retired at age sixty-five.

SECTION 16. Subsection (e) of section 28B of chapter 35 of the General Laws, as appearing in the 1986 Official Edition, is hereby amended by striking out, in line 79, the words "chapter seven" and inserting in place thereof the following words:- chapter twenty-nine.

SECTION 17. Section 9 of chapter 39 of the General Laws, as so appearing, is hereby amended by striking out, in line 22, the word "elections" and inserting in place thereof the following word:- election.

SECTION 18. The eleventh paragraph of section 23B of said chapter 39, as so appearing, is hereby amended by striking out, in line 130, the word "complaint" and inserting in place thereof the following word:- complaints.

SECTION 19. The twelfth paragraph of said section 23B of said chapter 39, as so appearing, is hereby amended by striking out, in line 138, the word "orders" and inserting in place thereof the following word:- order.

SECTION 20. Section 39K of chapter 40 of the General Laws, as so appearing, is hereby amended by inserting after the word "fifty-five A", in lines 10 and 11, the following words:- of chapter forty-four.

SECTION 21. Section 7 of chapter 40A of the General Laws is hereby amended by striking out the second paragraph, as amended by section 1 of chapter 481 of the acts of 1987, and inserting in place thereof the following paragraph:-

No local zoning law shall provide penalty of more than three hundred dollars per violation; provided, however, that nothing herein shall be construed to prohibit such laws from providing that each day such violation continues shall constitute a separate offense. No action, suit or proceeding shall be maintained in any court, nor any administrative or other action taken to recover a fine or damages or to compel the removal, alteration, or relocation of any structure or part of a structure or alteration of a structure by reason of any violation of any zoning by-law or ordinance except in accordance with the provisions of this section, section eight and section seventeen; provided, further, that if real property has been improved and used in accordance with the terms of the original building permit issued by a person duly authorized to issue such permits, no action, criminal or civil, the effect or purpose of which is to compel the abandonment, limitation or modification of the use allowed by said permit or the removal, alteration or relocation of any structure erected in reliance upon said permit by reason of any alleged violation of the provisions of this chapter, or of any ordinance or by-law adopted thereunder, shall be maintained, unless such action, suit or proceeding is commenced and notice thereof recorded in the registry of deeds for each county or district in which the land lies within six years next after the commencement of the alleged violation of law; and provided, further that no action, criminal or civil, the effect or purpose of which is to compel the removal, alteration, or relocation of any structure by reason of any alleged violation of the provisions of this chapter, or any ordinance or by-law adopted thereunder, or the conditions of any variance or special permit, shall be maintained, unless such action, suit or proceeding is commenced and notice thereof recorded in the registry of deeds for each county or district in which the land lies within ten years next after the commencement of the alleged violation. Such notice shall include names of one or more of the owners of record, the name of the person initiating the action, and adequate identification of the structure and the alleged violation.

SECTION 22. The tenth paragraph of section 9 of said chapter 40A, as appearing in section 1 of chapter 498 of the acts of 1987, is hereby amended by striking out the fourth sentence and inserting in place thereof the following sentence:- After the expiration of twenty days without notice of appeal pursuant to section seventeen, or, if appeal has been taken, after receipt of certified records of the court in which such appeal is adjudicated, indicating that such approval has become final, the city or town clerk shall issue a certificate stating the date of approval, the fact that the special permit granting authority failed to take final action and that the approval resulting from such failure has become final, and such certificate shall be forwarded to the petitioner.

SECTION 23. The fifth paragraph of section 15 of said chapter 40A, as appearing in section 3 of said chapter 498, is hereby amended by striking out the eighth sentence and inserting in place thereof the following sentence:- After the expiration of twenty days without notice of appeal pursuant to section seventeen, or, if appeal has been taken, after receipt of certified records of the court in which such appeal is adjudicated, indicating that such approval has become final, the city or town clerk shall issue a certificate stating the date of approval, the fact that the board failed to take final action and that the approval resulting from such failure has become final, and such certificate shall be forwarded to the petitioner.

SECTION 24. Section 12 of chapter 40J of the General Laws, as amended by section 7 of chapter 78 of the acts of 1988, is hereby further amended by striking out paragraph (g) and inserting in place thereof the following paragraph:-

(g) Biennial Audit. The books and records of the corporation shall be subject to a biennial audit by the auditor of the commonwealth.

SECTION 25. Section 103 of chapter 41 of the General Laws, as appearing in the 1986 Official Edition, is hereby amended by striking out, in line 9, the word "the".

SECTION 26. Section 7 of chapter 44 of the General Laws is hereby amended by striking out clause (22), as so appearing, and inserting in place thereof the following clause:-

(22) For the cost of engineering or architectural services for plans and specifications for any project not defined in clause (21) for which a city or town is authorized to borrow, if authorized separately from any other debt relating to said project, five years.

SECTION 27. Section 31C of said chapter 44, as so appearing, is hereby amended by striking out, in line 43, the word "the".

SECTION 28. The last paragraph of section 42 of chapter 54 of the General Laws is hereby amended by striking out the second sentence, as most recently amended by section 22 of chapter 296 of the acts of 1988, and inserting in place thereof the following sentence:- On each ballot shall be printed the words "Official Ballot for", followed by the name of the city or town for which the ballot is prepared, and, if the content of the ballot differs within a city or town, the ward and precinct of the city or the precinct of the town, if any, the date of the election, and a facsimile of the signature of the officer who has caused the ballot to be prepared. The state secretary shall prepare a sufficient number of ballots for the use of persons qualified under section one F of chapter fifty-one to vote for electors of president and vice president, upon which there shall be so printed the words "Official Presidential Elector Ballot for", followed by the date of the election and a facsimile of the signature of the state secretary.

SECTION 28A. Section 3 of chapter 55B of the General Laws, as appearing in the 1986 Official Edition, is hereby amended by striking out, in line 6, the word "and", the first time it appears, and inserting in place thereof the following words:- , which may include tape recording, and.

SECTION 29. Section 1 of chapter 57 of the General Laws, as so appearing, is hereby amended by striking out, in line 26, the word "worcester" and inserting in place thereof the following word:- Worcester.

SECTION 30. The first paragraph of section 8 of chapter 58 of the General Laws, as so appearing, is hereby amended by striking out, in line 29, the word "as" and inserting in place thereof the following word:- is.

SECTION 31. Section 25A of said chapter 58, as so appearing, is hereby amended by striking out, in line 10, the word "commissioner" and inserting in place thereof the following word:- commission.

SECTION 32. Section 25B of said chapter 58, as so appearing, is hereby amended by striking out, in line 47, the word "commission" and inserting in place thereof the following word:- commissioner.

SECTION 33. Section 7 of chapter 58A of the General Laws, as so appearing, is hereby amended by striking out, in line 31, the words "and entry fee of" and inserting in place thereof the following words:- an entry fee.

SECTION 34. Section 7A of said chapter 58A, as so appearing, is hereby amended by striking out, in line 11, the word "the" and inserting in place thereof the following word:- a.

SECTION 35. Said section 7A of said chapter 58A, as so appearing, is hereby further amended by striking out, in line 22, the word "of", the second time it appears, and inserting in place thereof the following word:- to.

SECTION 36. Section 46 of chapter 59 of the General Laws, as so appearing, is hereby amended by inserting after the word "valuation", in line 2, the following word:- , classification.

SECTION 38. The first paragraph of section 59 of said chapter 59, as so appearing, is hereby amended by striking out, in line 29, the word "had" and inserting in place thereof the following word:- has.

SECTION 39. Section 6 of chapter 60 of the General Laws, as so appearing, is hereby amended by striking out, in line 1, the word "in".

SECTION 40. Section 23 of said chapter 60, as so appearing, is hereby amended by striking out, in line 7, the word "section" and inserting in place thereof the following word:- sections.

SECTION 41. Section 24 of said chapter 60, as so appearing, is hereby amended by striking out, in line 7, the word "equipments" and inserting in place thereof the following word:- equipment.

SECTION 42. Section 80B of said chapter 60, as so appearing, is hereby amended by striking out, in line 2, the word "the", the second time it appears, and inserting in place thereof the following word:- this.

SECTION 43. Section 1 of chapter 60A of the General Laws, as so appearing, is hereby amended by striking out, in line 37, the word "Chapter" and inserting in place thereof the following word:- chapter.

SECTION 44. Said section 1 of said chapter 60A, as so appearing, is hereby further amended by striking out, in line 42, the word "of", the second time it appears, and inserting in place thereof the following word:- or.

SECTION 45. Section 2 of said chapter 60A, as so appearing, is hereby amended by striking out, in line 45, the word "effect" and inserting in place thereof the following word:- affect.

SECTION 46. Paragraph (1) of subsection (d) of section 2 of chapter 62 of the General Laws, as most recently amended by section 4 of chapter 202 of the acts of 1988, is hereby further amended by striking out subparagraph (B) and inserting in place thereof the following subparagraph:-

(B) Any deduction relating or allocable to any income not included in Massachusetts gross income or a proportionate part of any deduction which is in part so relating or allocable.

SECTION 47. Section 6 of said chapter 62 is hereby amended by striking out subsection (c), inserted by section 1 of chapter 403 of the acts of 1978.

SECTION 48. Subsection (b) of section 10 of said chapter 62, as appearing in the 1986 Official Edition, is hereby amended by striking out, in line 43, the word "unascertainable" and inserting in place thereof the following word:- unascertained.

SECTION 49. Section 8A of chapter 62C of the General Laws, as so appearing, is hereby amended by striking out, in line 5, the word "or", the first time it appears, and inserting in place thereof the following word:- of.

SECTION 50. Paragraph 1 of section 30 of chapter 63 of the General Laws, as so appearing, is hereby amended by striking out, in line l2, the word "affect" and inserting in place thereof the following word:- effect.

SECTION 52. Paragraph (a) of section 38H of said chapter 63, as appearing in the 1986 Official Edition, is hereby amended by striking out, in line 5, the word "hearing" and inserting in place thereof the following word:- heating.

SECTION 53. Section 67 of said chapter 63, as so appearing, is hereby amended by striking out the first sentence and inserting in place thereof the following sentence:- The commissioner shall annually assess as of the last day of the taxable year, as defined in paragraph 6 of section thirty, an excise tax upon the interest of every corporation organized under the laws of this commonwealth and having a place of business therein, in any ship or vessel which has, during the period of its business in the year preceding such day, been engaged in interstate or foreign carrying trade or engaged exclusively in fishing and documented and carrying "papers" under the laws of the United States, which tax shall be one-third of one percent upon the value of such interest as determined by him.

SECTION 54. Section 9 of chapter 64A of the General Laws, as so appearing, is hereby amended by striking out the second sentence and inserting in place thereof the following sentence:- For any violation of this section, the license to keep and sell crude petroleum or any of its products, issued by the licensing authority under chapter one hundred and forty-eight, shall be suspended by the said authority on request of the commissioner of revenue for such time as said commissioner deems proper.

SECTION 55. Paragraph (g) of section 1 of chapter 64G of the General Laws, as appearing in section 1 of chapter 31 of the acts of 1988, is hereby amended by striking out, in line 7, the word "or", the second time it appears, and inserting in place thereof the following word:- of.

SECTION 56. Paragraph (b) of section 10 of chapter 65C of the General Laws, as appearing in the 1986 Official Edition, is hereby amended by inserting after the word "sixty-two C", in line 34, the following word:- until.

SECTION 57. Section 4 of chapter 68A of the General Laws, as so appearing, is hereby amended by striking out, in line 6, the word "and" and inserting in place thereof the following word:- any.

SECTION 58. Section 2 of chapter 76 of the General Laws, as so appearing, is hereby amended by striking out, in lines 1 and 2, the words "the preceding section" and inserting in place thereof the following words:- section one.

SECTION 59. Section 15 of chapter 80 of the General Laws, as so appearing, is hereby amended by striking out, in line 9, the word "interests" and inserting in place thereof the following word:- interest.

SECTION 60. Chapter 85 of the General Laws is hereby amended by striking out section 17, as so appearing, and inserting in place thereof the following section:-

Section 17. Whoever violates any of the provisions of section fifteen or section sixteen shall be punished by a fine of not more than five dollars. The driver or custodian of a vehicle shall be deemed to be the party responsible therefor and shall be liable to the foregoing penalty.

SECTION 61. Section 1B of chapter 90 of the General Laws is hereby amended by striking out the last paragraph, added by section 22 of chapter 202 of the acts of 1988, and inserting in place thereof the following paragraph:-

A person convicted of a violation of this section 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.

SECTION 62. Section 20B of chapter 90D of the General Laws, as appearing in section 29 of chapter 273 of the acts of 1988, is hereby amended by striking out, in line 1, the word "(a) No" and inserting in place thereof the following word:- No.

SECTION 63. Section 21 of chapter 94A of the General Laws, as appearing in the 1986 Official Edition, is hereby amended by striking out, in lines 12 and 13, the word "paragraph (8)" and inserting in place thereof the following word:- paragraph (7).

SECTION 64. Section 3 of chapter 100A of the General Laws, as appearing in section 32 of said chapter 273, is hereby amended by striking out the first sentence and inserting in place thereof the following sentence:- No application for registration conforming to the requirements of section two shall be denied except after a public hearing held by the director in accordance with and subject to the provisions of chapter thirty A.

SECTION 65. The second paragraph of section 7 of said chapter 100A, as so appearing, is hereby amended by striking out the second sentence and inserting in place thereof the following sentence:- Any unregistered motor vehicle repair shop which fails to give such notice, timely and in writing, shall not have a lien on the motor vehicle for any charges claimed to be due it for storage, work and care in connection with any repair of the motor vehicle, notwithstanding the provisions of section twenty-five of chapter two hundred and fifty-five, nor shall it have any right claim or cause of action to collect any such charges from any person, whether in contract or quantum meruit or otherwise, notwithstanding any other law to the contrary.

SECTION 66. The sixth paragraph of section 70E of chapter 111 of the General Laws, as appearing in the 1986 Official Edition, is hereby amended by striking out, in line 127, the words "viable; and" and inserting in place thereof the following word:- viable.

SECTION 67. Section 111C of said chapter 111, inserted by chapter 696 of the acts of 1987, is hereby amended by striking out the definition of "Unprotected exposure capable of transmitting on infectious disease dangerous to the public health" and inserting in place thereof the following definition:-

"Unprotected exposure capable of transmitting an infectious disease dangerous to the public health" shall be defined in regulations promulgated by the department and shall include, but not be limited to, instances of direct mouth-to-mouth resuscitation, or the co-mingling of the blood of the patient and the person who has transported the patient to the health care facility.

SECTION 68. Section 197B of said chapter 111, as appearing in section 9 of chapter 773 of the acts of 1987, is hereby amended by striking out, in lines 14, 15 and 38, the word "paragraph (c)", each time it appears, and inserting in place thereof, in each instance, the following word:- paragraph (e).

SECTION 69. Section 150A 1/2 of said chapter 111, inserted by section 17 of chapter 584 of the acts of 1987, is hereby amended by striking out clause (15) and inserting in place thereof the following clause:-

(15) the extent to which existing solid waste disposal facilities are located within a municipality. Site assignments for new facilities are preferred in municipalities without existing facilities.

SECTION 70. Section 8 of chapter 111D of the General Laws is hereby amended by striking out clause (15), as appearing in section 21 of chapter 199 of the acts of 1988, and inserting in place thereof the following clause:-

(15) engage in any misrepresentation or false advertising of the nature, quality or cost of such services or of the terms and conditions on which such services are provided.

SECTION 71. The definition of "Advertise" in section 163 of chapter 112 of the General Laws, as appearing in section 2 of chapter 521 of the acts of 1987, is hereby amended by inserting after the word "allowing", in line 3, the following word:- of.

SECTION 72. Paragraph F of section 23 of chapter 119 of the General Laws, as appearing in the 1986 Official Edition, is hereby amended by striking out, in line 71, the word "a" and inserting in place thereof the following word:- an.

SECTION 73. Section 56 of said chapter 119, as so appearing, is hereby amended by striking out, in line 34, the word "or" and inserting in place thereof the following word:- to.

SECTION 74. The first paragraph of section 90A of chapter 127 of the General Laws, as amended by chapter 24 of the acts of 1988, is hereby further amended by striking out the first sentence and inserting in place thereof the following sentence:- The commissioner may extend the limits of the place of confinement of a committed offender at any state correctional facility by authorizing such committed offender under prescribed conditions to be away from such correctional facility but within the commonwealth for a specified period of time, not to exceed fourteen days during any twelve month period nor more than seven days at any one time; provided, however, that no committed offender who is serving a life sentence or a sentence in a state correctional facility for violation of section thirteen, thirteen B, fourteen, fifteen, fifteen A, fifteen B, sixteen, seventeen, eighteen, eighteen A, nineteen, twenty, twenty-one, twenty-two, twenty-two A, twenty-three, twenty-four, twenty-four B, twenty-five or section twenty-six of chapter two hundred and sixty-five, or section seventeen, thirty-four, thirty-five, or section thirty-five A of chapter two hundred and seventy-two, or for an attempt to commit any crime referred to in said sections shall be eligible for temporary release under the provisions of this section except on the recommendation of the superintendent on behalf of a particular committed offender and upon the approval of the commissioner; and, provided further, that no committed offender who has been convicted of murder in the first degree shall be eligible for temporary release under the provisions of this section.

SECTION 75. Section 23 of chapter 128A of the General Laws, as appearing in section 5 of chapter 680 of the acts of 1987, is hereby amended by striking out, in lines 26 and 27, the words "or for the purpose of the racetrack facility".

SECTION 76. The fourth sentence of the second paragraph of section 32R of chapter 140 of the General Laws, as amended by section 32 of chapter 465 of the acts of 1987, is hereby further amended by striking out, in line 5, the word "mobil" and inserting in place thereof the following word:- mobile.

SECTION 77. The fifth paragraph of subsection (4) of section 44E of chapter 149 of the General Laws, as appearing in section 9 of chapter 210 of the acts of 1988, is hereby amended by striking out clauses (3), (4) and (5) and inserting in place thereof the following three clauses:-

(3) all contractual terms and conditions applicable to the procurement; provided, however, that the contract may incorporate by reference a plan submitted by the selected offeror for providing the modular buildings;

(4) a notice that every proposal shall be accompanied by a copy of an appropriate certificate of eligibility issued by the deputy commissioner pursuant to section forty-four D, together with an update statement; and

(5) except where the request for proposals calls for manufacture or delivery to the building site, a notice that every proposal shall be accompanied by a certification that the offeror is able to furnish labor that can work in concert with all other elements of labor employed or to be employed at the site of installation.

SECTION 78. The ninth paragraph of said subsection (4) of said section 44E of said chapter 149, as so appearing, is hereby amended by striking out clauses (2), (3), and (4) and inserting in place thereof the following three clauses:-

(2) a composite rating for each proposal and the reasons for such rating;

(3) recommendations for revisions, if any, to each proposed plan for providing the modular buildings which should be obtained by negotiation prior to awarding the contract to the offeror of the proposal; and

(4) whether the modular buildings were manufactured within the commonwealth and whether such modular buildings were manufactured within the United States but outside the commonwealth.

SECTION 79. Subsection (1) of section 44J of said chapter 149 is hereby amended by striking out the first sentence, as amended by section 10 of said chapter 210, and inserting in place thereof the following sentence:- No public agency or authority of the commonwealth or any political subdivision thereof shall award any contract for which competitive bids are required pursuant to section forty-four A of this chapter or section thirty-nine M of chapter thirty, or for which competitive proposals are required pursuant to subsection (4) of section forty-four E, unless a notice inviting bids or proposals therefor shall have been posted no less than one week prior to the time specified in such notice for the receipt of said bids or proposals in a conspicuous place in or near the offices of the awarding authority, and shall have remained posted until the time so specified, and unless such notice shall also have been published at least once not less than two weeks prior to the time so specified in the central register published by the secretary of state pursuant to section twenty A of chapter nine and in a newspaper of general circulation in the locality of the proposed project.

SECTION 80. Section 8 of chapter 150E of the General Laws is hereby amended by striking out the last sentence, added by section 1 of chapter 186 of the acts of 1988, and inserting in place thereof the following sentence:- Where binding arbitration is provided under the terms of a collective bargaining agreement as a means of resolving grievances concerning job abolition, demotion, promotion, layoff, recall, or appointment and where an employee elects such binding arbitration as the method of resolution under said collective bargaining agreement, such binding arbitration shall be the exclusive procedure for resolving any such grievance, notwithstanding any contrary provisions of sections thirty-seven, thirty-eight, forty-two to forty-three A, inclusive, and section fifty-nine B of chapter seventy-one.

SECTION 81. Section 71A of chapter 151A of the General Laws is hereby amended by striking out the definition of "Facility", as amended by section 47 of chapter 23 of the acts of 1988, and inserting in place thereof the following definition:-

"Facility", a plant, factory, commercial business, hospital, institution or other place of employment located in the commonwealth which had fifty or more employees, as defined in this section, during any month in the six month period prior to the date of certification.

SECTION 82. Subsection (1) of section 25C of chapter 152 of the General Laws, as appearing in section 10 of chapter 691 of the acts of 1987, is hereby amended by striking out, in line 5, the word "or" and inserting in place thereof the following word:- of.

SECTION 83. Section 30 of chapter 170 of the General Laws, as appearing in the 1986 Official Edition, is hereby amended by striking out, in line 103, the words "Co-operative Bank League of Massachusetts" and inserting in place thereof the following words:- Massachusetts League of Community Banks.

SECTION 84. Sections one hundred and ninety-seven to two hundred and three of chapter one hundred and seventy-five of the General Laws, inserted by section one of chapter six hundred and thirty-two of the acts of nineteen hundred and eighty-six, are hereby repealed.

SECTION 85. Said chapter 175 is hereby amended by striking out section 197, inserted by section 2 of said chapter 632, and inserting in place thereof the following section:-

Section 204. The commissioner shall, after notice and hearing pursuant to chapter thirty A, promulgate regulations governing the replacement of life insurance policies and annuities. Such regulations shall be based upon the model regulation governing replacement of life insurance and annuities developed by the National Association of Insurance Commissioners. Such regulations shall, in addition to other provisions, require the delivery of a notice regarding replacement of a life insurance policy or annuity contract.

SECTION 86. The second paragraph of section 6 of chapter 175G of the General Laws, as appearing in section 2 of chapter 650 of the acts of 1987, is hereby amended by striking out, in line 4, the words "Corporation loan's" and inserting in place thereof the following words:- Corporation's loan.

SECTION 87. The last paragraph of section 3 of chapter 176B of the General Laws, as appearing in section 58 of chapter 23 of the acts of 1988, is hereby amended by inserting after the word "opportunity", in line 7, the following words:- to offer.

SECTION 88. The fifth paragraph of section 4 of chapter 181 of the General Laws, as appearing in the 1986 Official Edition, is hereby amended by striking out clause (5) and inserting in place thereof the following clause:-

(5) the amount of its capital stock, authorized and issued, including the number and par value, if any, of its shares.

SECTION 89. Section 1 of chapter 201A of the General Laws, as so appearing, is hereby amended by striking out the definition of "Court" and inserting in place thereof the following definition:-

"Court", the probate and family court.

SECTION 90. Section 28A of chapter 207 of the General Laws, as so appearing, is hereby amended by striking out, in line 26, the word "a" and inserting in place thereof the following word:- an.

SECTION 91. Said section 28A of said chapter 207, as so appearing, is hereby further amended by striking out, in line 36, the word "requirement" and inserting in place thereof the following word:- requirements.

SECTION 92. Section 11 of chapter 208 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 evidence produced at such ex parte hearing shall not be reported or made a part of the record in the case and the motion for said amendment shall not be read in open court during the proceedings, but the register of probate shall make an entry in the docket of "Motion to insert name of third person allowed" or "Motion to insert name of third person denied", as the case may be.

SECTION 93. Section 18 of said chapter 208, as so appearing, is hereby amended by striking out, in line 5, the second time it appears, the word "of" and inserting in place thereof the following word:- or.

SECTION 94. Section 9 of chapter 209C of the General Laws, as so appearing, is hereby amended by striking out, in line 18, the word "subsection (f)" and inserting in place thereof the following word:- subsection (e).

SECTION 95. Chapter 211 of the General Laws is hereby amended by striking out sections 26 and 27, inserted by section 4 of chapter 206 of the acts of 1988.

SECTION 96. Section 10 of chapter 211B of the General Laws, as appearing in the 1986 Official Edition, is hereby amended by striking out, in line 5, the word "to" and inserting in place thereof the following word:- of.

SECTION 97. Said chapter 211B is hereby further amended by striking out section 17, added by section 9 of chapter 206 of the acts of 1988, and inserting in place thereof the following section:-

Section 18. The chief administrative justice shall establish a judicial institute, subject to the general superintendence of the supreme judicial court, to provide for the training of the judicial and nonjudicial personnel of the trial court, the appeals court and the supreme judicial court. Said institute shall perform and continually update a comprehensive analysis of the training needs of such personnel, and ensure that such needs are met through programs of the institute provided directly or by contract or through programs of other institutions. Programs of the institute shall include but not be limited to pre-service training for judges through seminars and through a mentor judge program, management training for judges and clerks, and continuing education for all court personnel. The institute shall be provided with suitable offices in the Suffolk county courthouse or elsewhere. The chief administrative justice may, within the limits of the amount appropriated therefor, appoint an executive director for said institute and such professional staff, clerks and assistants as it may require and may make such expenditures as may be necessary to execute effectively the functions of said institute. The supreme judicial court shall appoint an advisory committee, which shall include at least one professor of law, judges representing the various departments of the trial court, a representative of the commissioner of probation, a clerk and a clerk-magistrate, for the purpose of advising the executive director and the chief administrative justice regarding the policies and programs of the institute. The further composition of the advisory committee and the terms of its members shall be determined by the supreme judicial court.

SECTION 98. Section 38 of chapter 237 of the General Laws, as so appearing, is hereby amended by striking out, in line 2, the word "defendants" and inserting in place thereof the following word:- defendant's.

SECTION 99. Section 7 of chapter 252 of the General Laws, as so appearing, is hereby amended by striking out, in line 2, the words "preceding section" and inserting in place thereof the following words:- section six.

SECTION 100. Section 5 of chapter 254 of the General Laws, as most recently amended by section 2 of chapter 760 of the acts of 1987, is hereby further amended by striking out the first sentence and inserting in place thereof the following sentence:- A lien upon land for the erection, alteration, repair or removal of a building or other structure or a lien established under section seventy-six of chapter sixty-three, under section six of chapter one hundred and eighty-three A, or under subsection (a) of section twenty-nine of chapter one hundred and eighty-three B shall be enforced by a civil action brought in the superior court for the county where such land lies or in the district court in the judicial district where such land lies.

SECTION 101. The second paragraph of subdivision (a) of section 28 of chapter 266 of the General Laws, as so appearing, is hereby amended by striking out, in line 15, the word "commended" and inserting in place thereof the following word:- commenced.

SECTION 102. The second sentence of section 35 of chapter 448 of the acts of 1854, as appearing in section 1 of chapter 48 of the acts of 1989, is hereby amended by striking out, in line 2, the word "statutory" and inserting in place thereof the following word:- salutary.

SECTION 103. The last sentence of paragraph (a) of section 8 of chapter 645 of the acts of 1948, as appearing in section 2 of chapter 746 of the acts of 1987, is hereby amended by striking out, in line 6, the word "nine" and inserting in place thereof the following word:- twelve.

SECTION 104. The last sentence of paragraph (b) of said section 8 of said chapter 645, as so appearing, is hereby amended by striking out, in line 5, the word "nine" and inserting in place thereof the following word:- twelve.

SECTION 105. Paragraph (c) of section 9 of said chapter 645, as so appearing, is hereby amended by inserting after the word "in", in line 7, the following words:- paragraph (b) of.

SECTION 106. Chapter 465 of the acts of 1956 is hereby amended by striking out section 3A, inserted by section 123 of chapter 697 of the acts of 1987, and inserting in place thereof the following section:-

Section 3B. Subsequent to January first, nineteen hundred and eighty-eight, no person who smokes any tobacco product shall be eligible for appointment as a permanent crash crewman, crash boatman, fire controlman, or assistant fire controlman at the General Edward Lawrence Logan International Airport, and no person so appointed after said date shall continue in such office or position if such person thereafter smokes any tobacco products. The personnel administrator of the commonwealth shall promulgate regulations for the implementation of this section.

SECTION 107. Section 12 of chapter 191 of the acts of 1982 is hereby amended by striking out the last sentence and inserting in place thereof the following sentence:- This program shall be subject to a full audit and biennial report by the state auditor.

SECTION 108. Paragraph (a) of section 8 of chapter 485 of the acts of 1984 is hereby amended by striking out, in lines 16 and 17, the words "Cooperative Bank League" and inserting in place thereof the following words:- League of Community Banks.

SECTION 109. Section 5 of chapter 734 of the acts of 1987 is hereby amended by striking out clause (a) and inserting in place thereof the following clause:-

(a) the psychologist has a diploma from the American Board of Professional Psychology in Clinical Psychology or Counseling Psychology.

SECTION 110. Section two A of chapter one hundred and ninety-nine of the acts of nineteen hundred and eighty-eight is hereby repealed.

SECTION 111. Section eighteen of said chapter one hundred and ninety-nine is hereby repealed.

SECTION 112. Section twenty-nine of said chapter one hundred and ninety-nine is hereby repealed.

SECTION 113. Section five A of chapter two hundred and fifty-four of the acts of nineteen hundred and eighty-eight is hereby repealed.

SECTION 114. Sections one and two of chapter two hundred and eighty-two of the acts of nineteen hundred and eighty-eight are hereby repealed.

SECTION 115. Section twenty-four of chapter two hundred and ninety-six of the acts of nineteen hundred and eighty-eight is hereby repealed.

SECTION 116. Section 2 of chapter 78 of the acts of 1989 is hereby amended by striking out, in lines 3 and 4, the word "Dewart", each time it appears, and inserting in place thereof the following word:- "Dewert".

SECTION 117. Section 1 of chapter 106 of the acts of 1989 is hereby amended by adding the following sentence:- The provisions of this paragraph shall apply to every city or town, including, but not limited to the city of Boston and the city of Cambridge.

SECTION 118. The provisions of section eighty shall not apply to any contract provisions entered into prior to September twelfth, nineteen hundred and eighty-eight.

SECTION 120. Section one hundred and seven of this act shall take effect as of September twentieth, nineteen hundred and eighty-eight.