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 is hereby amended by striking out, in line 11, as appearing in the 1990 Official Edition, the word "opera-tion" and inserting in place thereof the following word:- operation.

SECTION 2. Section 17 of chapter 6 of the General Laws is hereby amended by striking out, in line 71, as so appearing, the word "police" and inserting in place thereof the following words:- criminal justice.

SECTION 3. Section 116 of said chapter 6, as so appearing, is hereby amended by striking out the caption preceding said section and inserting in place thereof the following caption:- `tuc MASSACHUSETTS CRIMINAL JUSTICE TRAINING COUNCIL.

SECTION 4. Section 16 of chapter 6A of the General Laws is hereby amended by striking out, in line 26, as so appearing, the word "; the" and inserting in place thereof the following word:- the.

SECTION 5. Section 18B of said chapter 6A is hereby amended by striking out, in line 5, as so appearing, the words "civil defense" and inserting in place thereof the following words:- emergency management.

SECTION 6. The first paragraph of section 19 of said chapter 6A, as so appearing, is hereby amended by striking out, in line 3, the words "public works" and inserting in place thereof the following word:- highways.

SECTION 7. Section 1 of chapter 7 of the General Laws, as so appearing, is hereby amended by striking out the definition of "Commissioner" and inserting in place thereof the following definition:-

"Commissioner", the commissioner of administration, except that in sections thirty-eight A> to forty-three H, inclusive, the word commissioner shall mean commissioner of capital planning and operations.

SECTION 8. Section 4A of said chapter 7, as so appearing, is hereby amended by striking out the first paragraph and inserting in place thereof the following paragraph:-

The executive office for administration and finance shall include a department of procurement and general services headed by a purchasing agent, who shall have the rank of a deputy commissioner and shall be appointed by the governor; a division of public employee retirement administration headed by a commissioner; a department of personnel administration headed by a personnel administrator, who shall have the rank of deputy commissioner; a division of employee relations, headed by a deputy commissioner for employee relations; a fiscal affairs division, headed by a deputy commissioner for fiscal affairs; a division of capital planning and operations headed by a commissioner, and a department of revenue, headed by a commissioner for revenue. Each such position shall be classified in accordance with section forty-five of chapter thirty and the salary shall be determined in accordance with section forty-six C of said chapter thirty. The state purchasing agent shall give the bond to the state treasurer in a sum fixed by the governor for the faithful performance of his duties and for the rendering of a proper account of all money entrusted to him for the use of the commonwealth. The personnel administrator shall be appointed by the commissioner, with the prior written approval of the governor, from the names of three persons submitted by the majority vote of all the members of the civil service commission. The said personnel administrator shall be a person familiar with the principles and experienced in the methods and practice of personnel administration. The said personnel administrator shall serve for a term of four years, which term shall end on June thirtieth of the first year of the term of the governor, except that he may be removed by the commissioner, with the approval of four-fifths of the members of the civil service commission. Any person so appointed shall serve until the qualification of his successor; provided, however, that in such case, or in the case of a person appointed to fill a vacancy occurring during the prescribed term by reason of death, resignation or otherwise, the term of the successor in said office shall end on the next succeeding June thirtieth of the first year of the term of the governor. No person while holding such appointment shall be subject to section nine A of chapter thirty. The deputy commissioner for employee relations, the deputy commissioner for fiscal affairs and the deputy commissioner for central services shall each be appointed by the commissioner, with the prior written approval of the governor, and shall serve at the pleasure of the commissioner, shall be a person of ability and experience, shall devote his entire time to the duties of his office, and shall perform such functions as the commissioner shall from time to time assign to him; provided, however, that no person while holding any such appointment shall be subject to section nine A of chapter thirty. The commissioner of capital planning and operations shall be appointed by the commissioner of administration, with the prior written approval of the governor, and may be removed in like manner; he shall be a person familiar with the principles of and experienced in the methods and practices of the systematic and coordinated planning of capital facilities in relation to economic, environmental, social or other goals, programs and priorities. The commissioner shall devote his entire time to the duties of his office and shall perform such other functions as the commissioner shall from time to time assign to him. No person holding such position shall be subject to the provisions of chapter thirty-one or section nine A of chapter thirty.

SECTION 9. Section 38A> of said chapter 7, as so appearing, is hereby amended by striking out, in line 64, the words "his/her" and inserting in place thereof the following word:- his.

SECTION 10. Said section 38A> of said chapter 7, as so appearing, is hereby further amended by striking out the definition of "commissioner" and "division" and inserting in place thereof the following definition:-

"Commissioner" and "Division", the commissioner and the division of capital planning and operations.

SECTION 11. Section 38B of said chapter 7, as so appearing, is hereby amended by striking out, in line 23, the words "his/her" and inserting in place thereof the following word:- his.

SECTION 12. Section 39B of said chapter 7, as so appearing, is hereby amended by striking out the first and second paragraphs and inserting in place thereof the following two paragraphs:-

Except as otherwise provided in this chapter or any other statute or appropriation act, the commissioner of capital planning and operations shall be responsible for:

(a) integrated and coordinated planning and budgeting of capital facilities on an annual and long-term basis;

(b) acquisition, allocation and disposition of real property;

(c) direction, control, supervision and oversight as to the planning, design, construction, demolition, installation, repair and maintenance of specific capital facilities and capital facility projects;

(d) efficient management of the operation of the division of capital planning and operations as a whole and the proper coordination of the work of and effective operation of individual offices, bureaus, and other sections which might be located therein. The commissioner may, subject to appropriation, appoint deputy commissioners and associate deputy commissioners and legal counsel as appropriate and may authorize such deputy commissioners or associate deputy commissioners or legal counsel to act in his stead in particular matters or classes of matters.

The commissioner shall promulgate rules and regulations pursuant to the provisions of chapter thirty A.

SECTION 13. Said chapter 7 is hereby further amended by striking out section 39C, as so appearing, and inserting in place thereof the following section:-

Section 39C. The commissioner of capital planning and operations shall advise the governor and the commissioner of administration on the means and methods available to coordinate capital facility project plans and programs of all public agencies and the federal government in order to establish relative priorities and to avoid duplication and conflicts. He shall create a central depository for planning documents as they relate to that end, and amendments thereto and revisions thereof prepared by or for public agencies. Effective on the effective date of this act, every public agency shall submit a list and description of such documents as currently exist and as they are promulgated and upon the commissioner's request, submit to him a copy thereof. The commissioner may by rule and regulation identify the documents required to be submitted.

The division of capital planning and operations, if it is not designated as the state clearinghouse as provided for by the federal Intergovernmental Cooperation Act of nineteen hundred and sixty-eight, as amended, and regulations promulgated pursuant thereto, shall be notified in a timely manner by the agency designated as the state clearinghouse as to any capital facility projects being reviewed by said agency. The commissioner of capital planning and operations shall review such projects in light of current long range capital facility plans and other programs and policies of the commonwealth and submit his comments and recommendations to the agency designated as the state clearinghouse.

SECTION 14. Section 40B of said chapter 7, as so appearing, is hereby amended by striking out, in lines 1, 5 and 10, the word "deputy".

SECTION 15. Section 40C of said chapter 7 is hereby amended by striking out, in line 111, as so appearing, the word "s/he" and inserting in place thereof the following word:- he.

SECTION 16. Section 40F of said chapter 7, as so appearing, is hereby amended by striking out, in line 264, the words "his/her" and inserting in place thereof the following word:- his.

SECTION 17. Section 40F> of said chapter 7, as so appearing, is hereby amended by striking out, in line 209, the word "Deputy".

SECTION 18. Section 40G of said chapter 7 is hereby amended by striking out, in lines 56 and 95, as so appearing, the words "his/her" and inserting in place thereof, in each instance, the following word:- his.

SECTION 19. Said section 40G of said chapter 7, as so appearing, is hereby further amended by striking out, in lines 67 to 70, inclusive, the words ", provided that the budget director has certified that provision for payment of rent for so much of the term of the agreement as falls within the then current fiscal year has been made by appropriation.

SECTION 20. Section 40H of said chapter 7, as so appearing, is hereby amended by striking out, in line 117, the word "Deputy".

SECTION 21. Said section 40H of said chapter 7, as so appearing, is hereby further amended by striking out, in line 133, the words "him/her" and inserting in place thereof the following word:- him.

SECTION 22. Section 40I of said chapter 7, as so appearing, is hereby amended by striking out, in line 39, the words "his/her" and inserting in place thereof the following word:- his.

SECTION 23. Section 40J of said chapter 7, as so appearing, is hereby amended by striking out, in line 50, the words "his/her" and inserting in place thereof the following word:- his.

SECTION 24. Section 40L of said chapter 7, as so appearing, is hereby amended by striking out, in lines 27 and 30, the words "his/her" and inserting in place thereof, in each instance, the following word:- his.

SECTION 25. Section 40M of said chapter 7, as so appearing, is hereby amended by striking out, in line 14, the words "himself/herself" and inserting in place thereof the following word:- himself.

SECTION 26. Said section 40M of said chapter 7, as so appearing, is hereby further amended by striking out, in line 15, the words "his/her" and inserting in place thereof the following word:- his.

SECTION 27. Section 41A of said chapter 7, as so appearing, is hereby amended by striking out, in line 25, the word "s/he" and inserting in place thereof the following word:- he.

SECTION 28. Said section 41A of said chapter 7, as so appearing, is hereby further amended by striking out, in line 30, the words "his/her" and inserting in place thereof the following word:- his.

SECTION 29. Section 41B of said chapter 7, as so appearing, is hereby amended by striking out, in line 58, the figure "9A" and inserting in place thereof the following word:- nine A.

SECTION 30. Said section 41B of said chapter 7, as so appearing, is hereby further amended by striking out, in line 61, the word "s/he" and inserting in place thereof the following word:- he.

SECTION 31. Said section 41B of said chapter 7, as so appearing, is hereby further amended by striking out, in line 75, the words "his/her" and inserting in place thereof the following word:- his.

SECTION 32. Said section 41B of said chapter 7, as so appearing, is hereby further amended by striking out, in line 112, the words "him/her" and inserting in place thereof the following word:- him.

SECTION 33. Section 42A of said chapter 7, as so appearing, is hereby amended by striking out, in line 35, the word "s/he" and inserting in place thereof the following word:- he.

SECTION 34. Said section 42A of said chapter 7, as so appearing, is hereby further amended by striking out, in line 49, the words "his/her" and inserting in place thereof the following word:- his.

SECTION 35. Section 42B of said chapter 7, as so appearing, is hereby amended by striking out, in lines 119, 127, 130, 149, 152 and 154, the word "s/he" and inserting in place thereof, in each instance, the following word:- he.

SECTION 36. Said section 42B of said chapter 7, as so appearing, is hereby further amended by striking out, in line 126, the word "S/he" and inserting in place thereof the following word:- He.

SECTION 37. Section 42C of said chapter 7 is hereby amended by striking out, in lines 60 and 79, as so appearing, the words "his/her" and inserting in place thereof, in each instance, the following word:- his.

SECTION 38. Section 42D of said chapter 7, as so appearing, is hereby amended by striking out, in lines 6, 16, and 32, the word "s/he" and inserting in place thereof, in each instance, the following word:- he.

SECTION 39. Said section 42D of said chapter 7, as so appearing, is hereby further amended by striking out, in line 16, the word "S/he" and inserting in place thereof the following word:- He.

SECTION 40. Section 42H of said chapter 7, as so appearing, is hereby amended by striking out, in line 18, the words "his/her" and inserting in place thereof the following word:- his.

SECTION 41. Said section 42H of said chapter 7, as so appearing, is hereby further amended by striking out, in line 22, the word "Commonwealth" and inserting in place thereof the following word:- commonwealth.

SECTION 42. Section 42I of said chapter 7, as so appearing, is hereby amended by striking out, in line 26, the figure "42G" and inserting in place thereof the following word:- forty-two G.

SECTION 43. Section 42J of said chapter 7, as so appearing, is hereby amended by striking out, in line 6, the word "s/he" and inserting in place thereof the following word:- he.

SECTION 44. Said section 42J of said chapter 7, as so appearing, is hereby further amended by striking out, in line 39, the word "S/he" and inserting in place thereof the following word:- He.

SECTION 45. Section 43A of said chapter 7, as so appearing, is hereby amended by striking out, in line 42, the word "s/he" and inserting in place thereof the following word:- he.

SECTION 46. Section 43C of said chapter 7, as so appearing, is hereby amended by striking out, in line 71, the words "his/her" and inserting in place thereof the following word:- his.

SECTION 47. Said section 43C of said chapter 7, as so appearing, is hereby further amended by striking out, in line 75, the word "s/he" and inserting in place thereof the following word:- he.

SECTION 48. Section 1 of chapter 8 of the General Laws, as so appearing, is hereby amended by striking out, in line 7, the word "S/he" and inserting in place thereof the following word:- He.

SECTION 49. Said section 1 of said chapter 8, as so appearing, is hereby further amended by striking out, in lines 9 and 10, the words "his/her" and inserting in place thereof, in each instance, the following word:- his.

SECTION 50. Chapter 10 of the General Laws is hereby amended by striking out section 35J, inserted by section 2 of chapter 121 of the acts of 1990, and inserting in place thereof the following section:-

Section 35K. There shall be established and set up on the books of the commonwealth a separate fund, to be administered by the commissioner of public health as provided in sections two D to two F, inclusive, of chapter one hundred and eleven, to be known as the Massachusetts AIDS Fund. Said fund shall consist of all revenues received by the commonwealth under the provisions of section six G of chapter sixty-two, from public and private sources as appropriations, gifts, grants, and donations, and from the federal government as reimbursements, grants-in-aid or other receipts, to further the purposes of said fund as set out in section two E of said chapter one hundred and eleven. All revenues credited to said fund under this section shall remain in said fund, not subject to appropriation, for application to said purposes. The state treasurer shall not deposit said revenues in or transfer said revenues to the general fund or any other fund other than the Massachusetts AIDS fund. The state treasurer shall deposit monies in said fund in accordance with the provisions of sections thirty-four and thirty-four A of chapter twenty-nine in such manner as will secure the highest interest rate available consistent with safety of the fund and with the requirement that all amounts on deposit be available for immediate withdrawal at any time. Said fund shall be expended only for the purpose stated in section two E of chapter one hundred and eleven at the direction of the commissioner of public health, and any unexpended balances shall be redeposited, as herein provided, for further use consistent with this section.

Expenditures from the fund may be made in accordance with the provisions of section two E of chapter one hundred and eleven.

SECTION 51. Section thirty-five K of said chapter ten, inserted by section fifty of this act, is hereby repealed.

SECTION 52. Section 10 of chapter 13 of the General Laws, as appearing in the 1990 Official Edition, is hereby amended by striking out, in line 2, the words "and the following section" and inserting in place thereof the following words:- section and section eleven.

SECTION 53. Said chapter 13 is hereby further amended by striking out section 10B, as so appearing, and inserting in place thereof the following section:-

Section 11C. There shall be within the division of registration in the executive office of consumer affairs and business regulation a board of registration of physician assistants, herein called the board, to consist of nine members who are residents of the commonwealth, who shall be appointed by the governor, two of whom shall be licensed physicians who shall have been actively engaged in the practice of medicine for at least three years and at least one of whom shall be a member of the Massachusetts Medical Society; one of whom shall be an educator of physician assistants on the faculty or staff of an accredited physician assistant training program; four of whom shall be physician assistants duly certified in the commonwealth who may be selected from a list of names submitted by the Massachusetts Association of Physician Assistants or comparable organization representing physician assistants and two of whom shall be representatives of the general public.

Members shall be appointed for a term of three years. No member shall be appointed to more than two consecutive full terms; provided, however, that a member appointed for less than a full term may serve two full terms in addition to such part of a full term and a former member shall again be eligible for appointment after a lapse of one or more years. Any member of the board may be removed by the governor for neglect of duty, misconduct or malfeasance or misfeasance in office after being given a written statement of the charges against him and sufficient opportunity to be heard thereon.

Said board shall elect its chairperson annually and shall meet at the call of such chairperson or upon the request of two or more members of the board. A quorum shall consist of at least five members present. Board members shall serve without compensation but shall be reimbursed for actual and reasonable expenses incurred in the performance of their duties. The board shall meet at least four times annually.

SECTION 54. Section 89 of said chapter 13, as so appearing, is hereby amended by inserting after the word "be", in line 6, the first time it appears, the following word:- clinical.

SECTION 55. Section 6 of chapter 14 of the General Laws is hereby amended by striking out subparagraphs 3 and 4, inserted by section 7 of chapter 121 of the acts of 1990, and inserting in place thereof the following two subparagraphs:-

4. Shall, no later than the last Wednesday of each calendar year, prepare a statement which sets forth in simple and nontechnical terms:

(a) the rights of a taxpayer and the obligations of the commissioner during an audit;

(b) the procedures by which a taxpayer may appeal any adverse decision of the commissioner, including administrative and judicial appeals;

(c) the procedures for processing applications for abatement and filing of taxpayer complaints; and

(d) the procedures which the commissioner may use in enforcing the tax laws of the commonwealth, including assessment, jeopardy assessment, levy and distraint, and enforcement of liens.

The commissioner shall transmit copies of the statement required under this paragraph to the house and senate committees on ways and means and to the joint committee on taxation no later than the last Wednesday of January in each calendar year, and shall distribute the statement, or information as to where and the manner in which a copy of such statement may be obtained, to all taxpayers the commissioner contacts with respect to the determination or collection of any tax administered by him, other than by providing tax forms. The commissioner shall take such actions as he deems necessary to ensure that such distribution does not result in multiple statements being sent to any one taxpayer.

5. Shall make, with the approval of the secretary, and from time to time may revise, in like manner, such reasonable regulations as may be necessary to guarantee the prompt return to taxpayers of refunds resulting from the overpayment of taxes; to guarantee the earliest possible rendering of abatement decisions, including the requirement that refunds resulting from abatement decisions be issued to taxpayers within thirty days of such decisions.

SECTION 56. Chapter 15A of the General Laws is hereby amended by inserting before section 1 the following title:- `tuc PUBLIC EDUCATION.

SECTION 57. Said chapter 15A is hereby further amended by adding the following section:-

Section 38. Notwithstanding any other provision of law to the contrary, all public institutions of higher education shall offer the same student information and on-campus recruiting opportunities to representatives of the state or United States armed services as is offered to non-military recruiters.

SECTION 58. Paragraph (a) of section 4 of chapter 15C of the General Laws, as appearing in the 1990 Official Edition, is hereby amended by striking out the ninth sentence and inserting in place thereof the following sentence:- The term of each ex officio member shall be concurrent with his tenure in that office.

SECTION 59. Chapter 16 of the General Laws is hereby amended by striking out the title and inserting in place thereof the following title:- `tuc DEPARTMENT OF HIGHWAYS.

SECTION 60. Section 1 of said chapter 16, as amended by section 6 of chapter 552 of the acts of 1991, is hereby further amended by striking out the second sentence and inserting in place thereof the following sentence:- Said commission shall consist of five members, not more than three of whom shall be of the same political party, who shall be appointed by the governor.

SECTION 61. Section 6 of chapter 20 of the General Laws, as amended by section 104 of chapter 138 of the acts of 1991, is hereby further amended by striking out, in line 1, the word "Commissioner" and inserting in place thereof the following word:- commissioner.

SECTION 62. Section 2 of chapter 21E of the General Laws is hereby amended by striking out the definition of "Person", as amended by section 5 of chapter 476 of the acts of 1991, and inserting in place thereof the following definition:-

"Person", any agency or political subdivision of the federal government or the commonwealth, any state, public or private corporation or authority, any interstate body, foreign nation, individual, trust, firm, joint stock company, partnership, association or other entity, and any officer, employee, or agent of such person, and any group of persons.

SECTION 63. Section 5 of chapter 21G of the General Laws, as appearing in the 1990 Official Edition, is hereby amended by striking out, in line 19, the word "nineteen" and inserting in place thereof the following word:- , nineteen.

SECTION 64. Section 9 of chapter 21I of the General Laws, as so appearing, is hereby amended by striking out the introductory paragraph and inserting in place thereof the following paragraph:-

The toxic or hazardous substance list shall consist of:-.

SECTION 65. Section 1 of chapter 21J of the General Laws, as so appearing, is hereby amended by striking out, in line 1, the word "section" and inserting in place thereof the following word:- chapter.

SECTION 66. Section 9 of said chapter 21J, as so appearing, is hereby amended by striking out, in line 31, the word "system;" and inserting in place thereof the following word:- system.

SECTION 67. Chapter 22 of the General Laws is hereby amended by striking out section 16, inserted by section 1 of chapter 475 of the acts of 1990, and inserting in place thereof the following section:-

Section 15A. Each public or private degree-granting post-secondary institution of higher education shall submit, on an annual basis, a uniform crime report, consistent with the Federal Bureau of Investigation's Uniform Crime Report, to the department of public safety. Said department shall file all such reports with the Federal Bureau of Investigation. In addition, said department shall keep a copy of said reports on file for at least five years. Upon submitting said crime report, each institution shall provide public notice to its campus or campuses that the institution makes said report available, upon request, to any applicant, student, or employee of the institution and how such individuals can get a copy of the report from the institution.

In addition, each such institution shall certify that it has a campus security policy that has been made available, upon request, to any applicant, student, or employee of the institution. Said policy shall provide information on campus security procedures, including, but not limited to the following: (a) the administrative office responsible for security on the campus; (b) policy regarding the possession, use, and sale of alcoholic beverages and enforcement of underage drinking laws; (c) policy regarding the possession, use, and sale of illegal drugs and enforcement of federal and state drug laws; (d) policy regarding the unauthorized possession and use of weapons by students and employees; (e) policy regarding access to institutional facilities and programs by students, employees, guests and other individuals; (f) procedures and facilities for students and others to report criminal actions or other emergencies occurring on campus and policies concerning the institution's response to such reports; (g) a description of the communication media used to inform the campus community about security matters as well as the frequency with which the information is usually provided.

Said campus security policy shall further provide information on security and access to grounds and buildings, including, but not limited to, security considerations used in the maintenance of campus facilities.

Said policy shall further provide information on student housing safety measures, including, but not limited to: (a) policies concerning the identification and admission of visitors in student housing facilities; (b) measures to secure entrances to student housing facilities; (c) standard security features used to secure doors and windows in students' rooms; (d) the type and frequency of programs designed to inform student housing residents about housing security and enforcement procedures; (e) policy and special security procedures for housing students during low-occupancy periods such as holidays and vacation periods; (f) policy on the housing of guests and others not assigned to the student housing or not regularly associated with the institution of higher education.

Said policy shall further provide information on campus law enforcement, including: (a) a description of the type and number of security personnel utilized by the institution, including a description of their training; (b) the enforcement authority of security personnel, including their working relationship with state and local police agencies; (c) policy on reporting criminal incidents to state and local police.

SECTION 68. Section 4 of chapter 23D of the General Laws, as appearing in the 1990 Official Edition, is hereby amended by striking out, in line 38, the word "facility." and inserting in place thereof the following word:- facility;.

SECTION 69. Section 18 of said chapter 23D, as so appearing, is hereby amended by striking out, in line 3, the word "eighteen" and inserting in place thereof the following word:- seventeen.

SECTION 70. Section 12A of chapter 25 of the General Laws is hereby amended by striking out the caption preceding said section.

SECTION 71. Chapter 25A of the General Laws is hereby amended by striking out the title and inserting in place thereof the following title:- `tuc DIVISION OF ENERGY RESOURCES.

SECTION 72. Section 8G of chapter 26 of the General Laws is hereby amended by striking out, in line 1, as appearing in the 1990 Official Edition, the words "Division of Insurance" and inserting in place thereof the following words:- division of insurance.

SECTION 73. Said section 8G of said chapter 26 is hereby further amended by striking out, in line 3, as so appearing, the word "Governor" and inserting in place thereof the following word:- governor.

SECTION 74. Said section 8G of said chapter 26 is hereby further amended by striking out, in line 6, as so appearing, the word "Commonwealth" and inserting in place thereof the following word:- commonwealth.

SECTION 75. Said section 8G of said chapter 26 is hereby further amended by striking out, in line 7, as so appearing, the words "Commissioner of Insurance" and inserting in place thereof the following words:- commissioner of insurance.

SECTION 76. Said section 8G of said chapter 26 is hereby further amended by striking out, in lines 42, 44, 46, 52, 58, 62, 64, 67, 71, 77, 80, 86, 121, 125 and 135, as so appearing, the word "Board" and inserting in place thereof, in each instance, the following word:- board.

SECTION 77. Said section 8G of said chapter 26 is hereby further amended by striking out, in lines 140 and 141, as so appearing, the words "environmental quality engineering" and inserting in place thereof the following words:- the department of environmental protection.

SECTION 78. Section 3 of chapter 28 of the General Laws, as so appearing, is hereby amended by striking out the third sentence and inserting in place thereof the following sentence:- The commissioner may appoint and remove such officials and employees as the work of the commission may require and may from time to time assign to such officials and employees such duties as the work of the commission may require, subject to chapter thirty and thirty-one, except as provided by chapter five hundred and eighty-three of the acts of nineteen hundred and forty-seven.

SECTION 79. Section 2F of chapter 29 of the General Laws, as so appearing, is hereby amended by striking out, in line 44, the words "him/her" and inserting in place thereof the following word:- him.

SECTION 80. Said section 2F of said chapter 29, as so appearing, is hereby further amended by striking out, in lines 47, 48 and 55, the words "his/her" and inserting in place thereof, in each instance, the following word:- his.

SECTION 81. Said section 2F of said chapter 29, as so appearing, is hereby further amended by striking out, in line 59, the figure "15" and inserting in place thereof the following word:- fifteenth.

SECTION 82. Section 2 O of said chapter 29, as so appearing, is hereby amended by striking out, in line 33, the word "forty-seven" and inserting in place thereof the following word:- Forty-seven.

SECTION 83. Said chapter 29 is hereby further amended by striking out section 2P, inserted by section 347 of chapter 150 of the acts of 1990, and inserting in place thereof the following section:-

Section 2X. Allocation of revenues under sections two M, two N and two O and to the Commonwealth Liability Reduction Fund established by chapter two hundred and eighty-seven of the acts of nineteen hundred and eighty-nine shall be determined by the commissioner of revenue according to his best information and belief.

SECTION 84. Section 7A of said chapter 29, as appearing in the 1990 Official Edition, is hereby amended by striking out, in line 9, the words "she/he" and inserting in place thereof the following word:- he.

SECTION 85. Said section 7A of said chapter 29, as so appearing, is hereby further amended by striking out, in line 22, the figure "7C" and inserting in place thereof the following word:- seven C.

SECTION 86. Said section 7A of said chapter 29, as so appearing, is hereby further amended by striking out, in line 31, the words "his/her" and inserting in place thereof the following word:- his.

SECTION 87. Said section 7A of said chapter 29, as so appearing, is hereby further amended by striking out, in line 33, the word "S/he" and inserting in place thereof the following word:- He.

SECTION 88. Section 7B of said chapter 29, as so appearing, is hereby amended by striking out, in line 14, the words "him/her" and inserting in place thereof the following word:- him.

SECTION 89. Section 7C of said chapter 29, as so appearing, is hereby amended by striking out, in lines 19 and 64, the words "his/her" and inserting in place thereof, in each instance, the following word:- his.

SECTION 90. Said section 7C of said chapter 29, as so appearing, is hereby further amended by striking out, in line 21, the word "S/he" and inserting in place thereof the following word:- He.

SECTION 91. Said chapter 29 is hereby further amended by striking out section 7D, as so appearing, and inserting in place thereof the following section:-

Section 7D. Copies of the proposed plans and requests shall be submitted simultaneously to the commissioner of capital planning and operations, the secretaries of all executive offices, the director of the budget bureau, the state treasurer, and the commissioner of the department of revenue, and the house and senate ways and means committees. The secretaries shall submit to the commissioner of capital planning and operations a report on the consistency of any public agency's plans and requests with the programs and policies of the executive office on which it is located, except in the case of a public institution of higher learning, the secretary of educational affairs, including the secretary's recommendations as to those plans and requests. Prior to making their reports, each secretary shall conduct public hearings, for which he shall give five days public notice prior thereto, on his analysis and recommendations as to those plans and requests. Any secretary, when requested by said commissioner of capital planning and operations, shall submit to him a report on the impact of the specific statutory mission of the secretariat of the plans and request of any public agencies not located within his secretariat. Each secretary shall furnish to the house and senate committees on ways and means and the legislative committees on post audit and oversight of the general court, copies of all such plans, requests, and reports.

The director of the bureau of programming, director of the office of project management or the director of the office of facilities management, as said commissioner of capital planning and operations directs, shall report to him as to the technical feasibility, cost, and schedule of proposed building projects; the technical, financial, and related requirements for the operation and maintenance of such buildings upon completion of the proposed projects; where relevant, the efficacy and efficiency of the proposed project in relation to current and projected available space and current and projected standards for the allocation and utilization of space; the accuracy and adequacy of any planning and design documents and any other documents prepared in relation to the stated needs, and as to any other matters which the commissioner of capital planning and operations may require relative to his evaluation of such plans and requests. At the request of said commissioner of capital planning and operations, the head of the public agency which administers or would administer a capital facility project, other than a building project, or consultants hired by him for that purpose, or members of said commissioner's staff shall report to him as to the technical feasibility, cost and schedule of that project; the technical, financial, and related requirements for the operation and maintenance of such facilities upon completion of the proposed projects; where relevant, the proposed project in relation to current and projected available facilities of a similar kind; the accuracy and adequacy of any planning documents, accurate summaries of design documents and any other documents prepared in relation to stated needs, and as to any other matters which said commissioner may require relative to his evaluation of such plans and requests.

The director of the budget bureau shall report in writing to said commissioner of capital planning and operations on the impact of proposed agency plans and requests, based on the stated and projected overall agency programs, on the agency's operating budgets for the next five years or for such longer period as said commissioner shall request. The commissioner of the department of revenue shall report in writing to said commissioner of capital planning and operations on the impact of proposed agency plans and requests on their requirements for and production of revenue for at least the next five years or for such longer period as said commissioner of capital planning and operations shall request. The reports of the director of the budget bureau and the commissioner of the department of revenue shall be sent to the state treasurer. The state treasurer may if requested by said commissioner of capital planning and operations report in writing to said commissioner on the impact of all plans and requests, separately and as a whole on the financial health of the commonwealth and make such recommendations as to the form and nature of the financing as he deems necessary.

Copies of the proposed plans and requests shall in a timely manner be submitted to each of the regional planning agencies established pursuant to the provisions of chapter forty B for their review. They shall submit to said commissioner of capital planning and operations a statement of their comments and recommendations, including those of cities and towns in the region which are affected by such plans and requests.

Said commissioner of capital planning and operations may request such other reports from public agencies as said commissioner may deem necessary to fulfill his responsibilities for the integration and coordination of capital facility projects.

SECTION 92. Section 7H of said chapter 29 is hereby amended by striking out, in line 17, as so appearing, the words "his/her" and inserting in place thereof the following word:- his.

SECTION 93. Said section 7H of said chapter 29 is hereby further amended by striking out, in line 26, as so appearing, the word "s/he" and inserting in place thereof the following word:- he.

SECTION 94. Section 7I of said chapter 29, as so appearing, is hereby amended by striking out, in lines 21, 25, 29, 39 and 43, the words "his/her" and inserting in place thereof, in each instance, the following word:- his.

SECTION 95. Said section 7I of said chapter 29, as so appearing, is hereby further amended by striking out, in lines 22 and 40, the word "s/he" and inserting in place thereof, in each instance, the following word:- he.

SECTION 96. Said section 7I of said chapter 29, as so appearing, is hereby further amended by striking out, in lines 25 and 43, the words "him/her" and inserting in place thereof, in each instance, the following word:- him.

SECTION 97. Section 7K of said chapter 29, as so appearing, is hereby amended by striking out, in line 42, the words "his/her" and inserting in place thereof the following word:- his.

SECTION 98. Section 39Q of chapter 30 of the General Laws, as so appearing, is hereby amended by striking out, in lines 13, 20, 23, and 30, the words "his/her" and inserting in place thereof, in each instance, the following word:- his.

SECTION 99. Said section 39Q of said chapter 30, as so appearing, is hereby further amended by striking out, in lines 20, 24, and 55, the word "s/he" and inserting in place thereof, in each instance, the following word:- he.

SECTION 100. Said section 39Q of said chapter 30, as so appearing, is hereby further amended by striking out, in line 59, the words "him/her" and inserting in place thereof the following word:- him

SECTION 101. Section 39R of said chapter 30, as so appearing, is hereby amended by striking out, in lines 21, 38, 67, 69 and 73, the words "his/her" and inserting in place thereof, in each instance, the following word:- his.

SECTION 102. Said section 39R of said chapter 30, as so appearing, is hereby further amended by striking out, in lines 37 and 102, the word "s/he" and inserting in place thereof, in each instance, the following word:- he

SECTION 103. Said section 39R of said chapter 30, as so appearing, is hereby further amended by striking out, in lines 56 and 57, the words "thirty B through thirty P" and inserting in place thereof the following words:- thirty-eight A> to thirty-eight O.

SECTION 104. Section 11A of chapter 30A of the General Laws, as so appearing, is hereby amended by striking out, in line 1, the word "eleven B" and inserting in place thereof the following word:- eleven A>.

SECTION 105. Subsection (b) of section 1 of chapter 30B of the General Laws is hereby amended by striking out clause (13), as amended by section 111 of chapter 138 of the acts of 1991, and inserting in place thereof the following clause:-

(13) contracts for the services of expert witnesses for use in an adjudicatory proceeding or litigation or in anticipation thereof;.

SECTION 106. Clause (14) of said subsection (b) of said section 1 of said chapter 30B, as appearing in the 1990 Official Edition, is hereby amended by striking out, in line 46, the word "members." and inserting in place thereof the following word:- members;.

SECTION 107. Said subsection (b) of said section 1 of said chapter 30B is hereby further amended by striking out clause (15), inserted by chapter 404 of the acts of 1991.

SECTION 108. Said subsection (b) of said section 1 of said chapter 30B is hereby further amended by striking out clause (24), inserted by section 112 of chapter 138 of the acts of 1991, and inserting in place thereof the following clause:-

(24) a contract for ambulance service by a governmental body;.

SECTION 109. Said subsection (b) of said section 1 of said chapter 30B is hereby further amended by striking out clause (28), added by section 13 of chapter 495 of the acts of 1991, and inserting in place thereof the following two clauses:-

(28) contracts entered into by a governmental body on behalf of a hospital owned by such governmental body where such contract is funded by expenditures from an operations account, so-called, or a special account, established pursuant to a special act that is maintained for the benefit of and designated with the name of such hospital; or

(29) any contracts, agreements or leases entered into by a municipal airport commission established under the provisions of section fifty-one E of chapter ninety; provided, however, that such contracts, agreements or leases apply to aviation uses or the sale of aviation fuel.

SECTION 110. Section 12 of said chapter 30B is hereby amended by striking out, in lines 58 and 59, as appearing in the 1990 Official Edition, the words "department of environmental quality engineering, also known as the".

SECTION 111. Section 48 of chapter 31 of the General Laws, is hereby amended by striking out the first paragraph, as most recently amended by section 21 of chapter 552 of the acts of 1991, and inserting in place thereof the following paragraph:-

All offices and positions in the official service of the commonwealth shall be subject to the civil service law and rules unless expressly exempted by this chapter or other law. Positions in the labor service of the commonwealth shall be subject to the civil service law and rules in the metropolitan district commission; executive office for administration and finance; Massachusetts Correctional Institution, Bridgewater; Massachusetts Correctional Institution, Framingham; labor service employees in the Massachusetts Correctional Institutions at Cedar Junction, Concord and Norfolk who have prisoners under their charge; department of public utilities; department of highways, except as provided in this section; department of revenue; department of employment and training; laborers in the department of public safety; labor service employees in the division of conservation services and full-time conservation helpers employed on a year-round basis, and conservation skilled helpers in the department of environmental management; tree climbers employed by the department of environmental management; registry of motor vehicles; Massachusetts emergency management agency; Massachusetts office of business development, the office of international trade and investment, the office of minority and women business development and employment, the office of science and technology, the office of travel and tourism, the office of film and video development; department of community affairs; department of public welfare; Massachusetts Bay Transportation Authority police department; department of youth services.

SECTION 112. Section 1 of chapter 32 of the General Laws, as appearing in the 1990 Official Edition, is hereby amended by striking out, in line 194, the words "nine H of chapter twenty-two" and inserting in place thereof the following words:- twenty-nine of chapter twenty-two C.

SECTION 113. Section 22 of said chapter 32 is hereby amended by striking out, in line 1042, as so appearing, the word "(i) PRIT" and inserting in place thereof the following word:- PRIT.

SECTION 114. Section 90I of said chapter 32, as so appearing, is hereby amended by striking out, in lines 3 and 6, the word "members" and inserting in place thereof, in each instance, the following word:- member's.

SECTION 115. Section 36B of chapter 40 of the General Laws, as amended by section 46 of chapter 412 of the acts of 1991, is hereby further amended by striking out the first sentence and inserting in place thereof the following sentence:- Each cell utilized for the detention of persons within a city, town, or state lockup facility which is under the jurisdiction of a local police department or the state police shall have a protective covering of high-impact, transparent wall facing.

SECTION 116. Section 39K of said chapter 40, as appearing in the 1990 Official Edition, is hereby amended by striking out, in line 10, the word "acquifers" and inserting in place thereof the following word:- aquifers.

SECTION 117. Section 57 of said chapter 40, as so appearing, is hereby amended by striking out, in line 53, the word "sixty-eight" and inserting in place thereof the following word:- sixty-eight A.

SECTION 118. Section 1A of chapter 40J of the General Laws, inserted by section 298 of chapter 138 of the acts of 1991, is hereby amended by striking out, in line 1, the words "Additional Findings and Revised Public Purpose".

SECTION 119. Section 2 of said chapter 40J is hereby amended by striking out the definition of "Director", inserted by section 299 of said chapter 138, and inserting in place thereof the following definition:-

"Director", shall refer to both an individual who is a member of the board and to an individual who is an advisory member appointed pursuant to clause (i) of section four.

SECTION 120. Paragraph (a) of section 4A of said chapter 40J, as appearing in section 300 of said chapter 138, is hereby amended by striking out, in line 7, the word "it's" and inserting in place thereof the following word:- its.

SECTION 121. Paragraph (c) of said section 4A of said chapter 40J, as so appearing, is hereby amended by striking out, in line 2, the word "five-hundred" and inserting in place thereof the following words:- five hundred.

SECTION 122. Section 98F of chapter 41 of the General Laws, as amended by chapter 125 of the acts of 1991, is hereby further amended by striking out the first sentence, and inserting in place thereof the following sentence:- Each police department and each college or university to which officers have been appointed pursuant to the provisions of section sixty-three of chapter twenty-two C shall make, keep and maintain a daily log, written in a form that can be easily understood, recording, in chronological order, all responses to valid complaints received, crimes reported, the names, addresses of persons arrested and the charges against such persons arrested.

SECTION 123. Section 8 of chapter 44 of the General Laws, as appearing in the 1990 Official Edition, is hereby amended by striking out, in line 32, the words "quality engineering" and inserting in place thereof the following word:- protection.

SECTION 124. Section 50 of chapter 51 of the General Laws, as so appearing, is hereby amended by striking out, in line 12, the word "meridiem" and inserting in place thereof the following word:- meridian.

SECTION 125. Section 44 of chapter 53 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 no event shall the number of signatures required be more than the number of a candidate for the same office in the same electoral district or division to have his name placed on the ballot as provided for under section six.

SECTION 126. Section 45 of said chapter 53, as so appearing, is hereby amended by striking out the second paragraph and inserting in place thereof the following paragraph:-

Signatures shall be subject to section seven.

SECTION 127. Section 47 of said chapter 53, as so appearing, is hereby amended by striking out, in line 11, the word "signations" and inserting in place thereof the following word:- signatures.

SECTION 128. Section 41 of chapter 54 of the General Laws, as so appearing, is hereby amended by striking out the fifth paragraph and inserting in place thereof the following paragraph:-

For all elections following primaries, such direction shall be filed within the time required by section three of chapter fifty-three for acceptance of a write-in or sticker nomination; and for all other elections, within seventy-two hours next succeeding the last time for filing nomination papers or certificates of nomination.

SECTION 129. Section 65 of said chapter 54, as so appearing, is hereby amended by striking out, in line 5, the word "a" and inserting in place thereof the following word:- at.

SECTION 130. Section 135 of said chapter 54, as so appearing, is hereby amended by striking out, in line 198, the word "that" and inserting in place thereof the following word:- than.

SECTION 131. Section 5 of chapter 59 of the General Laws is hereby amended by striking out clause Fortieth, as amended by section 381 of chapter 138 of the acts of 1991, and inserting in place thereof the following clause:-

Fortieth, Air-raid, bomb or fall-out shelters constructed under standards established by the Massachusetts emergency management agency of the commonwealth or the United States in or in connection with residential dwellings so long as such shelters shall be used exclusively for air-raid, bomb or fall-out protection.

SECTION 132. Section 21C of said chapter 59 is hereby amended by striking out paragraph (k>), inserted by section 243 of chapter 138 of the acts of 1991.

SECTION 133. Said section 21C of said chapter 59, as most recently amended by section 243 of said chapter 138, is hereby further amended by striking out paragraph (1) and inserting in place thereof the following paragraph:-

(1) Amounts exempted from the tax limit under paragraph (i>), (j) or (k) shall not be included in calculating the "total taxes assessed" in paragraph (a) or the maximum levy limit in paragraph (f).

SECTION 134. The first paragraph of section 2 of chapter 60A of the General Laws, as appearing in the 1990 Official Edition, is hereby amended by striking out the seventh sentence and inserting in place thereof the following sentence:- All tax notices sent to owners of vehicles notifying said owners of the amount of excise tax due and the due date shall indicate the owner's license to operate number as appearing on the registration application, renewal application or amended registration as provided in section two of chapter ninety.

SECTION 135. Section 6D of chapter 62 of the General Laws, as so appearing, is hereby amended by striking out, in line 5, the word "Fund", the second time it appears.

SECTION 136. Said section 6D of said chapter 62, as so appearing, is hereby further amended by striking out, in line 14, the words "Nongame Wildlife" and inserting in place thereof the following words:- Natural Heritage and Endangered Species.

SECTION 137. Section 6G of said chapter 62, as so appearing, is hereby amended by striking out, in line 5, the word "thirty-five J" and inserting in place thereof the following word:- thirty-five K.

SECTION 138. Section 31C of chapter 63 of the General Laws, as so appearing, is hereby amended by striking out, in line 17, the word "sections" and inserting in place thereof the following word:- section.

SECTION 139. Section 13 of chapter 64A of the General Laws is hereby amended by striking out paragraph (b), as amended by section 85 of chapter 33 of the acts of 1991, and inserting in place thereof the following paragraph:-

(b) whereas not less than one and two-fifths percent of the excise imposed by section four is obtained from the sale or importation of fuel used in producing or generating power for the operation of watercraft of every description, except seaplanes, said excise funds shall be credited as follows:- fifteen one-hundredths of one percent to the Inland Fisheries and Game Fund established by section two of chapter one hundred and thirty-one; fifteen one-hundredths of one percent to the Public Access Fund established by section seventeen F of chapter twenty-one; thirty one-hundredths of one percent to the Marine Fisheries Fund established by section two B of chapter one hundred and thirty; thirty one-hundredths of one percent to the Environmental Law Enforcement Fund established by section six I of chapter twenty-one; and fifty one-hundredths of one percent to the Harbors and Inland Waters Maintenance Fund established by section ten A> of chapter ninety-one.

SECTION 140. Section 13 of chapter 64C of the General Laws, as appearing in the 1990 Official Edition, is hereby amended by inserting after the word "wholesaler", in line 27, the following words:- shall include all direct costs attributable to the receiving, stamping, handling, storing, sales and delivery of cigarettes, and, shall additionally include.

SECTION 141. Section 1 of chapter 64H of the General Laws, as so appearing, is hereby amended by striking out the definition of "Business" and inserting in place thereof the following definition:-

"Business", any activity engaged in by any person or caused to be engaged in by him with the object of gain, benefit or advantage, either direct or indirect.

SECTION 142. Said section 1 of said chapter 64H, as so appearing, is hereby further amended by striking out, in line 223, the word "of" and inserting in place thereof the following word:- or.

SECTION 143. Section 8 of said chapter 64H, as most recently amended by section 11 of chapter 4 of the acts of 1991, is hereby further amended by striking out paragraph (e) and inserting in place thereof the following paragraph:-

(e) If the tangible personal property is purchased by a person who will use the property in a manner which exempts it from the tax imposed by this chapter, he may give an exempt use certificate to the vendor, certifying that the property being purchased will be so used. The burden of proving that a sale of tangible personal property by any vendor is exempt under this chapter shall be upon such vendor unless he takes from the purchaser a certificate to the effect that the property will be used in an exempt manner.

SECTION 144. Section 8 of chapter 64I of the General Laws, as most recently amended by section 15 of said chapter 4, is hereby further amended by striking out paragraph (g) and inserting in place thereof the following paragraph:-

(g) If the tangible personal property is purchased by a person who will use such property in a manner which exempts it from the tax imposed by this chapter, he may give an exempt use certificate to the vendor, certifying that the property being purchased will be so used. The burden of proving that a sale of tangible personal property by any vendor is exempt under this chapter shall be upon such vendor unless he takes from the purchaser a certificate to the effect that the property will be used in an exempt manner.

SECTION 145. Section 1 of chapter 65C of the General Laws, as appearing in the 1990 Official Edition, is hereby amended by striking out, in line 33, the word "subsection (}c)" and inserting in place thereof the following word:- subsection (c).

SECTION 146. Section 10 of chapter 66 of the General Laws is hereby amended by striking out, in line 10, as so appearing, the word "the", the third time it appears.

SECTION 147. The first paragraph of section 7A of chapter 71 of the General Laws, as amended by section 335 of chapter 138 of the acts of 1991, is hereby further amended by striking out the first sentence and inserting in place thereof the following sentence:-

The state treasurer shall annually, on or before November twentieth, pay to the several towns subject to appropriation, the sums required as reimbursement for expenses approved by the commissioner of education, incurred by any town for the transportation of pupils not more than twice daily between any school within the town, or in another town, and the pupil's home, a day care facility licensed or registered by the office for children, or a day care facility which is part of a public school system or a private, organized educational system, in accordance with standards approved by the school committee, in excess of five dollars per annum per pupil in the net average membership of such town; provided, however, that (a) no reimbursement for transporting a pupil between school and home shall be made on account of any pupil who resides less than one and one-half miles from the school which he attends, measured by a commonly traveled route; (b) no reimbursement for transporting a pupil between school and a day care facility licensed or registered by the office for children or a day care facility which is part of a public school system or a private, organized educational system, shall be made if the distance between the school and said facility is less than one and one-half miles, measured by a commonly traveled route, nor for transportation to a day care facility located outside the boundaries of the school district; (c) the amount of grant, per pupil, for transportation to private schools in towns which furnish such transportation, shall not exceed the amount of grant per pupil for transportation to public schools; (d) no contract shall be awarded except upon the basis of prevailing wage rates, as hereinafter provided, and of competitive sealed bids pursuant to chapter thirty B; and (e) no reimbursement for transporting a pupil between school and home shall be made to a school system which does not certify to the department of education in a manner prescribed by the department that the average number of students transported over a period of an academic year does not equal or exceed seventy-five percent of the carrying capacity of the bus or other transportation system used by said school system; provided, however, that this section shall not apply to any school district which is, or has been, subject to the provisions of a court-ordered busing program.

SECTION 148. Section 57 of said chapter 71, as appearing in the 1990 Official Edition, is hereby amended by inserting after the word "one", in line 5, the following words:- of chapter seventy-six.

SECTION 149. Section 1 of chapter 71B of the General Laws is hereby amended by striking out, in lines 24 and 25, as so appearing, the word "department." and inserting in place thereof the following word:- department;.

SECTION 150. The first paragraph of section 5 of said chapter 71B, as amended by section 142 of chapter 138 of the acts of 1991, is hereby further amended by striking out the first sentence and inserting in place thereof the following sentence:- Any school committee which provides or arranges for the provision of special education pursuant to the provisions of section three shall pay for such special education personnel, materials and equipment, tuition, room and board, transportation, rent and consultant services as are necessary for the provision of special education; provided, however, that the school committee shall not be obligated to pay for health care goods or services to the extent that these constitute medically necessary treatment for disease, illness, injury, or bodily dysfunction which would be covered by a third party payor but for a school-aged child's eligibility for such goods and services under this chapter; provided, further, that the determination of medical necessity shall be made by the third party payor under its standard program of utilization review, that the school-aged child with special needs or his parent or guardian if he is a minor shall have the right to freedom of choice in the selection of the provider of health care goods and services, and that the provider of health care goods and services does not have a direct or indirect financial relationship to the school committee; and provided, further, that school committees may accept payment for health care goods and services provided by certified school committee employees from third party payors other than the program of medical care and assistance established under chapter one hundred and eighteen E.

SECTION 151. Section 7I of chapter 81 of the General Laws is hereby amended by striking out, in line 1, as appearing in the 1990 Official Edition, the word "of".

SECTION 152. Section 30A of chapter 85 of the General Laws, as amended by section 57 of chapter 552 of the acts of 1991, is hereby further amended by striking out the first sentence and inserting in place thereof the following sentence:-

The owner or lessee of any motor vehicle, trailer, semi-trailer or semi-trailer unit, as defined in section one of chapter ninety, which may lawfully be operated on the ways of this commonwealth may apply to the commissioner of highways for a permit authorizing the operation of such motor vehicle, trailer, semi-trailer or semi-trailer unit upon any state highway or way determined by the department of highways to be a through route when the weight of such motor vehicle, trailer, semi-trailer or semi-trailer unit together with its load would exceed the weight limitations prescribed by section thirty or by the provisions of chapter ninety.

SECTION 153. Section 1 of chapter 90 of the General Laws is hereby amended by striking out the definition of "Motorized Bicycle", as amended by section 388 of chapter 138 of the acts of 1991, and inserting in place thereof the following definition:-

"Motorized bicycle", a pedal bicycle which has a helper motor, or a non-pedal bicycle which has a motor, with a cylinder capacity not exceeding fifty cubic centimeters, an automatic transmission, and which is capable of a maximum speed of no more than thirty miles per hour.

SECTION 154. Section 2 of said chapter 90 is hereby amended by inserting after the word "eye", in line 218, as appearing in the 1990 Official Edition, the following words:- , or any other disability or handicap of such veterans which may be determined by the medical advisory board as established by section eight C.

SECTION 155. Section 7E of said chapter 90 is hereby amended by striking out, in lines 48 to 50, inclusive, as so appearing, the words "police officers by the commissioner of public safety pursuant to section ten G of chapter one hundred and forty-seven" and inserting in place thereof the following words:- state police officers by the colonel of state police pursuant to section sixty-three of chapter twenty-two C.

SECTION 156. Section 9D of said chapter 90, as so appearing, is hereby amended by striking out, in lines 30 and 31, the words "ten G of said chapter one hundred and forty-seven" and inserting in place thereof the following words:- sixty-three of chapter twenty-two C.

SECTION 157. Said chapter 90 is hereby further amended by striking out section 22C, as amended by section 57 of chapter 412 of the acts of 1991, and inserting in place thereof the following section:-

Section 22C. If the superintendent of streets or other officer having charge of the public ways in a city or town reasonably deems that any motor vehicle apparently abandoned by its owner and standing for more than seventy-two hours upon a public or private way therein or on any property therein without the permission of the owner or lessee of said property or if a captain or lieutenant of the state police reasonably deems that any motor vehicle apparently abandoned by its owner and standing for more than seventy-two hours upon any property under their respective jurisdictions, is worth less than the cost of removal and storage and expenses incident to disposition pursuant to sections seven to eleven, inclusive, of chapter one hundred and thirty-five, sections eighty-nine to ninety-four, inclusive, of chapter ninety-two, or sections forty-five to forty-eight, inclusive, of chapter twenty-two C, he may, without incurring liability on his part or on the part of the city, town or the commonwealth, take possession of such motor vehicle and dispose thereof as refuse. Any such superintendent or other officer of a city or town may, likewise, without liability, take possession of any such motor vehicle deemed worth more than the cost and expense as aforesaid, and deliver the same to the officer or member of the police department of the city or town, designated by the rules of said department as custodian of lost property, wherein said motor vehicle was found, who may dispose thereof pursuant to said sections seven to eleven, inclusive. Any such officer of said state police may, likewise, without liability, take possession of any such motor vehicle deemed worth more than the cost and expenses as aforesaid, and dispose thereof pursuant to said sections eighty-nine to ninety-four, inclusive, or said sections forty-five to forty-eight, inclusive.

SECTION 158. The second paragraph of section 19F of said chapter 90, as appearing in section 9 of chapter 129 of the acts of 1991, is hereby amended by striking out, in line 2, the figure "I-90" and inserting in place thereof the following figure:- I-190.

SECTION 159. Section 23 of said chapter 90, as appearing in the 1990 Official Edition, is hereby amended by striking out, in line 122, the word "a" and inserting in place thereof the following word:- or.

SECTION 160. Section 14 of chapter 90B of the General Laws, as so appearing, is hereby amended by striking out, in line 26, the word "whoever" and inserting in place thereof the following word:- Whoever.

SECTION 161. The definition of "Audit sheet", in section 1 of chapter 90C of the General Laws, as amended by section 155 of chapter 138 of the acts of 1991, is hereby further amended by striking out, in line 1, the word "ist" and inserting in place thereof the following word:- list.

SECTION 162. Section 1 of chapter 90E of the General Laws, as amended by section 76 of chapter 552 of the acts of 1991, is hereby further amended by striking out the definition of "Commissioner" and inserting in place thereof the following definition:-

"Commissioner", the commissioner of highways.

SECTION 163. Section 8 of chapter 90F of the General Laws, as appearing in the 1990 Official Edition, is hereby amended by striking out, in line 37, the word "admissability" and inserting in place thereof the following word:- admissibility.

SECTION 164. Section 9 of said chapter 90F, as so appearing, is hereby amended by striking out, in line 37, the word "priveleges" and inserting in place thereof the following word:- privileges.

SECTION 165. The General Laws are hereby amended by striking out chapter 92A, as amended by section 66 of chapter 412 of the acts of 1991, and inserting in place thereof the following chapter:- `tuc CHAPTER 92B. `tuc COMMONWEALTH ZOOLOGICAL CORPORATION.

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

"Board", the board of directors of the Commonwealth Zoological Corporation.

"Commission", the metropolitan district commission.

"Commissioner", the chairman of the metropolitan district commission.

"Corporation", the Commonwealth Zoological Corporation.

"Member", a member of the board of directors of the Commonwealth Zoological Corporation.

"Society", Boston Zoological Society.

"Zoos", Franklin Park Zoo and Walter D. Stone Memorial Zoo.

Section 2. There is hereby created a nonprofit body to be known as the Commonwealth Zoological Corporation. The corporation is hereby placed in the commission, but shall not be subject to the supervision of the commission, nor any office, board, bureau, department, or other agency of the commonwealth, except as specifically provided in this chapter. This shall not preclude the commissioner or his agents from inspecting the books, records, files or premises of the corporation at any time.

The corporation may receive, subject to appropriation, an annual operating subsidy from the commonwealth through a line item in the budget of the commission.

Pursuant to section three of chapter twenty-nine, the corporation may submit a request for such annual operating subsidy to the commission. The commonwealth may also fund, from time to time, major capital improvements and expansion subject to the provisions of section nine.

The corporation shall be governed and its corporate powers exercised by the board, which shall consist of eleven members appointed by the governor in the following manner: one member chosen from a list of three names submitted by the board of directors of the society; two chosen from a list of nine names, three names submitted by the franklin park advisory committee, three names submitted by the grove hall board of trade, and three names submitted by the franklin park coalition; two chosen from a list of nine names, three names submitted by the middlesex fells zoological society, three names submitted by the stone zoo advisory committee, and three names submitted by the Stoneham board of selectmen; and five other members representing the commonwealth's business, corporate, philanthropic and educational communities. The foregoing members shall be appointed for terms of not less than one year and not more than four years as determined by the governor. Upon expiration of the initial appointment, the governor shall appoint members to four year terms. The commissioner, or his designee, shall serve ex-officio, and shall have full voting privileges.

All members of the board shall exercise full and equal voting privileges. Any person appointed to fill a vacancy shall serve for the remainder of the term. Members shall be eligible for reappointment. Any member may be removed by the governor for just cause.

Seven board members shall constitute a quorum and the affirmative vote of a majority of the members present and eligible to vote shall be necessary for any action to be taken by the board. The members shall serve without compensation, but each member shall be entitled to reimbursement for necessary expenses incurred in the performance of official duties of the corporation. Said expenses and duties shall be specified in the board's by-laws. Disbursements for these expenses shall be detailed and available for review in the account books of the corporation. The board shall meet at least once a month and shall have authority over the activities of the corporation.

The governor shall appoint a chairperson of the board who shall serve at the governor's pleasure. The board shall also designate a secretary who shall not be a member of the board. The secretary shall keep a record of proceedings of the corporation and detailed minutes of each meeting, and shall be custodian of all books, documents, and papers of the corporation, and its official seal. The secretary shall retain copies of all minutes and other records and documents of the corporation and shall certify such copies' authenticity. The board shall also appoint a treasurer who shall have charge of the books and records of account and accounting records of the corporation and shall be responsible, under the supervision of the president, for financial control of the corporation.

The corporation shall establish procedures by which all meetings of the corporation and the board are open to the public.

The provisions of chapter two hundred and sixty-eight A and chapter two hundred and sixty-eight B shall apply to all members, officers and employees of the corporation; provided, that such members, officers and employees shall be authorized to conduct fund-raising activities on behalf of the corporation following notice to the state ethics commission.

Section 3. The board shall select a qualified individual to act as president and chief executive officer. The president shall present to the board for its approval an annual budget, a staffing plan, and an operating plan. The president shall, subject to the approval of the board, supervise the employees of the corporation and of the zoos, and shall have the power to hire and terminate.

Section 4. The corporation shall have the authority to develop a flexible professional personnel system as necessary to attract and hire qualified professional employees to enhance the zoos. The corporation shall establish said professional personnel system, in consultation with the department of personnel administration. The corporation shall set, in consultation with said department, salary scales and establish job classifications for its employees which shall not be subject to the provisions of section forty-six of chapter thirty. The corporation shall possess the management flexibility to establish employment qualifications and to remove and or discipline its employees. The corporation shall establish professional standards of performance and conduct for its employees. All corporation employees shall have the authority to solicit and collect both private and public donations, grants, bequests and devises, conditional or otherwise, of money, real and personal property, services or other things of value on the corporation's behalf and for the corporation's benefit, consistent with the provisions of section four chapter two hundred and sixty-eight A. Neither the corporation nor any of its officers, members, agents, employees, consultants or advisors shall be subject to the provisions of section three B and sections fifteen through twenty-nine inclusive, of chapter seven; sections nine A, forty-five, forty-six C through H, and fifty-two, of chapter thirty; and chapter thirty-one; provided, that in purchasing products or services, the corporation shall at all times follow generally accepted business practices.

The corporation shall be an equal opportunity employer and shall not discriminate in employment practices on the basis of race, creed, color, sex, national origin or physical handicap. The corporation shall establish an affirmative action plan intended to recruit qualified minorities and women into all job levels at the zoos. In making hiring decisions, the corporation shall give preference to persons residing in the municipalities in which the zoos are geographically located.

The corporation shall be subject to section one and chapter one hundred and fifty-one B, shall be deemed to be an agency of the commonwealth for purposes of section two, and shall be subject to the enforcement jurisdiction of the commission against discrimination under said chapter one hundred and fifty-one B. The corporation shall develop policies and programs for affirmative action in employment, procurement and contracting in accordance with law and consistent with general policies and programs of the commonwealth.

Section 5. The corporation shall have the following powers:

(a) to make, amend, and repeal bylaws, rules and regulations for the management of its affairs;

(b) to adopt an official seal;

(c) to make contracts and execute all instruments necessary or convenient for the carrying on of its business;

(d) to acquire, own, hold, and encumber personal property of any nature or any interest therein in the exercise of its powers and performance of its duties under this chapter; provided, however, that the disposal of any property shall be subject to the approval of the commissioner;

(e) to enter into agreements or transactions with any federal, state or municipal agency or other public institution or with any private individual, partnership, firm, corporation or other entity;

(f) to appear on its own behalf before boards, commissions, departments, or other agencies of federal, state or municipal governments;

(g) to appoint officers in addition to the members;

(h) to invest any funds held in reserves or sinking funds, or any funds not required for immediate disbursement, in such investments as may be lawful for fiduciaries in the commonwealth pursuant to section thirty-eight A of chapter twenty-nine;

(i) to accept, hold, use, apply and dispose of any and all donations, grants, bequests and devises, received by the corporation, conditional or otherwise, of money, real and personal property, services or other things of value which may be received from the United States or any agency thereof, any governmental agency, any institution, person, firm or corporation, public or private, such donations, grants, bequests and devises to be held, used, applied, or disposed of for any or all of the purposes specified in this chapter and in accordance with the terms and conditions of any such grant; and provided, that notwithstanding the provisions of section thirty-four A of chapter ninety-two, the corporation shall have full control over the funds of MetroZoos Zoological Trust Fund; and provided further, that notwithstanding the provisions of any general or special law to the contrary, the corporation shall have full control over the funds of the Franklin Park Trust Fund. Receipt of each such donation or grant shall be detailed in the annual report of the corporation; such annual report shall include the identity of the donor or lender, unless anonymity is a condition of the gift, the nature of the transaction and any conditions attached thereto and the account in which the deposited funds are located;

(j) to develop zoological membership programs;

(k) to fix, revise, charge and collect rents, fees and charges for the use of either zoo or its appurtenances by any user;

(l) to prepare, publish, distribute, with or without charge as the corporation may determine, such newsletters, reports, bulletins and other materials regarding the zoos and their activities as it deems appropriate;

(m) to charge and retain admissions to each zoo; provided, that the zoos be open to all Massachusetts primary and secondary school groups at no admission charge on a scheduled basis;

(n) to prepare and approve master plans for either zoo or modifications thereto; provided, that such approvals shall have the written concurrence of the commissioner;

(o) to expend monies for the benefit of the activities described herein; provided, that programs, purchases or projects with aggregate annual expenditures in excess of two hundred and fifty thousand dollars, exclusive of staff salaries, routine maintenance, utilities, and animal care costs, shall require the written concurrence of the commissioner;

(p) to retain qualified personnel among its employees to provide security within the zoos; provided, however, that those employees shall not exercise any police powers; provided, further, that full police jurisdiction shall remain with the metropolitan police at the zoos and for all property under the care, custody and control of the corporation; provided, further, that the metropolitan police and the corporation shall enter into a memorandum of understanding that the police shall maintain an average level of service at each zoo which shall not be less than the average level of service previously provided during the month of July, nineteen hundred and ninety; and provided, further, that the corporation shall be permitted to retain said police on a paid detail basis, as requested, beyond said normal police coverage as specified in the memorandum of understanding;

(q) The board of directors through its by-laws may create a board of trustees. The board of trustees will consist of the number of persons the board of directors deems appropriate. Trustees shall be elected by majority vote of the board of directors pursuant to a nomination process established by the board of directors through its by-laws; provided, that the trustees shall serve without compensation. Eligibility for trusteeship shall be established by the board of directors utilizing its sound discretion to broadly include individuals who through volunteer efforts donate time, expertise, knowledge, financial resources, or other things of value which enrich the zoos as valuable community, educational, cultural, recreational and environmental institutions.

(r) Notwithstanding the provisions of any special or general law, the corporation is empowered to establish grant programs, subject to explicit state appropriation for that purpose, to assist publicly owned zoos within the commonwealth including, but not limited to, the Buttonwood Park Zoo in New Bedford and the Forest Park Children's Zoo in Springfield. The corporation shall administer the program in accordance with such procedures, terms and conditions and criteria which the board deems appropriate for the fair and impartial review of applications from qualified public entities.

Section 6. The corporation shall have the following duties and obligations:

(a) The corporation is hereby directed to maintain repair, enhance and otherwise improve the zoos and their collections.

(b) The corporation shall develop within a reasonable time individual master plans for the operation and improvement of each zoo. The preparation and development of the plans may be undertaken in consultation with the franklin park zoo advisory committee and the middlesex fells zoological society and other interested citizens. The plans are to be used as a framework to revitalize each zoo and to ensure that the programs and collections of each zoo compliment one another.

(c) The corporation shall file with the secretary of the commonwealth to establish itself as a chartered nonprofit corporation within the commonwealth.

(d) The corporation shall file with the Internal Revenue Service to establish itself as a nonprofit corporation to ensure that contributions to the corporation are tax deductible.

(e) The corporation shall, to the best of its ability, raise funds and gifts of property or services or both from individuals, corporations, foundations and any other public or private entities for the purpose of enhancing, expanding and maintaining programs, exhibits, buildings, visitor services, and any other purpose consonant with the responsibilities outlined in this chapter. The corporation may establish gift shops, concessions, rentals, membership programs, publications, and other revenue raising devices to meet its obligations to raise funds for operating and capital purposes.

(f) The corporation shall maintain a detailed inventory of its personal property which it shall incorporate in its annual financial report.

(g) The corporation shall maintain detailed records of all expenditures, and may, if requested through the commission, continue to utilize the Massachusetts management, accounting, and reporting system.

The corporation is obligated to preserve and maintain the health, welfare, life quality and humane treatment of the animal populations of the zoos. In furtherance thereof, the corporation may consult with the members of the Boston chapter of the American Association of Zoo Keepers. The corporation may also consult with the Massachusetts Society for the Prevention of Cruelty to Animals, the United States Department of Agriculture, and the American Association of Zoological Parks and Aquariums, as well as local organizations having expertise in conservation, education and management issues relating to zoos, with regard to the animal collection.

Section 7. The corporation shall operate on the same fiscal year as the commonwealth and shall annually submit a detailed fiscal report of the corporation and the zoos' activities within ninety days after the end of each fiscal year to the commission and to the clerks of the house of representatives and the senate and the house and senate committee on ways and means.

Section 8. The books and records of the corporation shall be audited biennially by an independent source chosen by the commission, at the expense of the corporation. The commissioner may, at any time, request an audit to be done in addition to the biennial audit.

Section 9. The corporation may request financial assistance from the commonwealth for any capital projects undertaken at the zoos. Capital projects shall not include routine maintenance and minor repairs. The corporation shall consult with the division of capital planning and operations when undertaking any capital construction projects or major renovations costing in excess of twenty-five thousand dollars; provided, however, that the corporation shall not be subject to the provisions of sections thirty-nine A to forty N inclusive, of chapter seven and sections twenty-seven and twenty-seven A to twenty-seven G, inclusive, and sections forty-four A to forty-four J inclusive, of chapter one hundred and forty-nine if funded from sources other than the commonwealth.

Section 10. The provisions of this chapter shall be construed to incorporate by reference any existing agreements between the commission and any other entity, public or private, except as otherwise provided in this chapter. The provisions of this chapter shall, to the extent permitted by law, be deemed to supersede any terms or conditions of any existing agreements which are in conflict with the provisions of this chapter.

Section 11. The zoos shall continue to be known as the Franklin Park Zoo and the Walter D. Stone Memorial Zoo, and referred to as the metropolitan parks zoos. The commonwealth shall at all times retain title to all real property and the appurtenances thereon; only the care, custody and control of the zoos shall be transferred to the corporation pursuant to this chapter. The zoos and all real property shall remain a part of the metropolitan parks system. In the event that, for any reason, the corporation dissolves, the commission shall assume responsibility for the zoos and their operation, and all funds, personal property, and animal collections shall revert to the commission.

Section 12. On or before January first, nineteen hundred and ninety-six, the corporation shall submit to the governor and the clerks of the house of representatives and the senate and the house and senate committees on ways and means, a report detailing the state of the zoos, their operation and management, and financial conditions. The report shall be studied with the purpose of determining whether the condition of the zoos has been improved by the corporation or whether the care, control and custody should return to the commonwealth, on behalf of the commission.

SECTION 166. Section 5 of said chapter 92B, as appearing in section 165 of this act, is hereby amended by striking out clause (p) and inserting in place thereof the following clause:-

(p) to retain qualified personnel among its employees to provide security within the zoos; provided, however, that those employees shall not exercise any police powers; provided, further, that full police jurisdiction shall remain with the state police at the zoos and for all property under the care, custody and control of the corporation; provided, further, that the state police and the corporation shall enter into a memorandum of understanding that the police shall maintain an average level of service at each zoo which shall not be less than the average level of service previously provided during the month of July, nineteen hundred and ninety; and provided, further, that the corporation shall be permitted to retain said police on a paid detail basis, as requested, beyond said normal police coverage as specified in the memorandum of understanding;.

SECTION 167. Section 52A of chapter 93 of the General Laws is hereby amended by striking out, in line 1, as appearing in the 1990 Official Edition, the word "Upon" and inserting in place thereof the following word:- upon.

SECTION 168. Section 2 of chapter 94A of the General Laws, as appearing in the 1990 Official Edition, is hereby amended by striking out, in line 37, the word "compensation." and inserting in place thereof the following word:- compensation;.

SECTION 169. Section 9-410 of chapter 106 of the General Laws, as so appearing, is hereby amended by striking out, in line 23, the word "stateent" and inserting in place thereof the following word:- statement.

SECTION 170. Subsection (d) of section 407A of chapter 110A of the General Laws, added by section 5 of chapter 490 of the acts of 1991, is hereby amended by striking out, in line 1, the word "a" and inserting in place thereof the following word:- A.

SECTION 171. Section 69L of chapter 111 of the General Laws, as appearing in the 1990 Official Edition, is hereby amended by striking out, in lines 10 and 11, the words "police officers appointed pursuant to section ten C of chapter one hundred and forty-seven" and inserting in place thereof the following words:- state police officers appointed pursuant to section sixty of chapter twenty-two C.

SECTION 172. Section 111C of chapter 111 of the General Laws, as so appearing, is hereby amended by striking out, in lines 3 and 43, in each instance, the words "or her".

SECTION 173. Section 2D of said chapter 111, as so appearing, is hereby amended by striking out, in line 15, the word "thirty-five J" and inserting in place thereof the following word:- thirty-five K.

SECTION 174. Section 142K of said chapter 111, as so appearing, is hereby amended by striking out, in line 3, the words "quality engineering" and inserting in place thereof the following word:- protection.

SECTION 175. Section 150B of said chapter 111 is hereby amended by striking out the last paragraph, added by section 18 of chapter 23 of the acts of 1992, and inserting in place thereof the following paragraph:-

Notwithstanding any provisions of this section to the contrary, this section shall apply to the increase of capacity to store, treat, or dispose of any particular type of hazardous waste, unless such increase of capacity was approved by the department pursuant to chapter twenty-one C prior to the effective date of this paragraph, or unless an existing site assignment established pursuant to the requirements of this section provides for the conditions under which such increase of capacity shall be permitted.

SECTION 176. Section 12T of chapter 112 of the General Laws, as appearing in the 1990 Official Edition, is hereby amended by striking out, in line 9, the word "sections" and inserting in place thereof the following word:- section.

SECTION 177. Section 12U of said chapter 112, as so appearing, is hereby amended by striking out, in line 5, the word "section" and inserting in place thereof the following word:- sections.

SECTION 178. Said chapter 112 is hereby further amended by striking out section 80B, as amended by section 8 of chapter 10 of the acts of 1992, and inserting in place thereof the following section:-

Section 80B. For the purposes of sections seventy-four to eighty-one C, inclusive:-

"Professional nursing" shall mean the performance for compensation of any of those services in observing and caring for the ill, injured or infirm, in applying counsel and procedures to safeguard life and health, in administering treatment or medication prescribed by a physician dentist, nurse practitioner, psychiatric nurse mental health clinical specialist, certified nurse-midwife, or by a physician assistant, or in teaching or supervising others, which are commonly performed by registered nurses and which require specialized knowledge and skill such as are taught and acquired under the established curriculum in a school for nurses duly approved in accordance with this chapter. "Professional nursing" shall also mean the performance of such additional acts by a nurse with appropriate education as are approved by the board and the board of registration and discipline in medicine in rules and regulations which shall be promulgated and implemented by the board, or which are generally recognized by the nursing and medical professions as proper to be performed by a professional nurse with appropriate education. "Appropriate education" shall mean successful completion by a nurse of an educational program approved by the board or compliance by the nurse with equivalent competency standards which may be set forth by the board. "Professional nursing" by a nurse with appropriate education shall not be construed to prevent the performance of additional acts involving evaluation, diagnosis and treatment.

"Practical nursing" shall mean the performance for compensation of any of those services in observing and caring for the ill, injured or infirm, in applying counsel and procedures to safeguard life and health, in administering treatment or medication prescribed by a physician dentist, nurse practitioner, psychiatric nurse mental health clinical specialist, certified nurse-midwife or by a physician assistant, or in teaching or supervising others, which are commonly performed by licensed practical nurses and which require specialized knowledge and skill such as are taught and acquired under the established curriculum in a school for practical nurses duly approved in accordance with this chapter.

Neither "Professional nursing" nor "practical nursing" shall mean or be construed to prevent: (1) the gratuitous care of any ill, injured or infirm person by any member of his family or any friend, or his care by any person employed primarily as a companion, housekeeper, domestic servant or nursemaid; (2) the performance of any nursing service in an emergency; (3) the performance, by any student enrolled in a school for nurses or practical nurses duly approved in accordance with this chapter, of any nursing service incidental to any prescribed course in such school; (4) the performance of services incidental to the practice of the religious tenets of any church by any member thereof; (5) the performance of nursing service by a person authorized to practice nursing under section seventy-six A, subject to the provisions of said section; or (6) the performance of services by physicians, dentists, pharmacists, teachers, health educators, social workers, dieticians, therapists, technicians, and medical students which are commonly recognized to be functions of their respective callings; or (7) the performance of any nursing service for any patient in a convalescent or nursing home or rest home, by any person employed in such home, provided that such nursing service is performed under the supervision of a registered nurse or licensed practical nurse.

SECTION 179. Section 135B of said chapter 112, as appearing in the 1990 Official Edition, is hereby amended by striking out, in line 58, the word "patient" and inserting in place thereof the following word:- client.

SECTION 180. Section 189 of said chapter 112, as appearing in section 2 of chapter 168 of the acts of 1991, is hereby amended by striking out, in line 1, the word "A. The" and inserting in place thereof the following word:- The

SECTION 181. Section 4B of chapter 118E of the General Laws, as appearing in the 1990 Official Edition, is hereby amended by striking out clause (i) and inserting in place thereof the following:-

(a) (i) the new owner has received a determination letter from the Internal Revenue Service that it is an organization described in section 501(c)(3) of the Internal Revenue Code of 1986; and.

SECTION 182. Said section 4B of said chapter 118E, as so appearing, is hereby further amended by striking out, in lines 51 and 52, the words "of paragraph (a)".

SECTION 183. Said section 4B of said chapter 118E, as so appearing, is hereby amended by striking out, in line 64, the word "clause (a)(iv)" and inserting in place thereof the following words:- clause (iv) of paragraph (a).

SECTION 184. The second paragraph of section 7 of said chapter 118E, as appearing in section 178 of chapter 138 of the acts of 1991, is hereby amended by striking out, in line 2, the word ", approval" and inserting in place thereof the following word:- approval.

SECTION 185. Section 15 of chapter 118F of the General Laws, as amended by section 477 of chapter 133 of the acts of 1992, is hereby further amended by striking out subdivisions (1) to (4), inclusive, and inserting in place thereof the following four subdivisions:-

(1) The department shall administer the uncompensated care pool consisting of revenues produced by the uncompensated care fee established pursuant to section eleven of chapter six B, matching funds received through federal financial participation for uncompensated care payments to disproportionate share hospitals and legislative appropriations.

(2) The hospital's liability to the pool shall equal the product of the uncompensated care fee percentage established by the commission pursuant to paragraph (2) of said section eleven of said chapter six B times charges for purchasers and third party payers, excluding charges for Title XVIII, Title XIX, publicly-aided patients and free care services eligible for payment by the uncompensated care pool.

(3) The pool's liability to the hospital shall equal the product of allowable free care charges multiplied by the applicable ratio developed by the commission pursuant to paragraph (4) of said section eleven of said chapter six B.

(4) The department shall administer the pool and require payments to the pool or disburse funds from the pool consistent with each hospital's net liability to or from the pool. The department shall specify, by regulation, appropriate mechanisms that provide for interim determination and payment of a hospital's liability to or from the pool during the year and final settlement of each year's pool. The final pool settlement shall be determined using actual gross patient service revenues, actual free care charges, adjusted for any audit findings, and any final ratios calculated by the commission in accordance with said section eleven of said chapter six B. The department shall also provide for an appropriate reconciliation of any interim payments and estimated liabilities to or from the pool with a hospital's actual liability to or from the pool for each year.

SECTION 186. Section 19 of said chapter 118F, as appearing in the 1990 Official Edition, is hereby amended by striking out, in lines 3 and 4, the word "ninety-two" and inserting in place thereof the following word:- ninety-five.

SECTION 187. Said section 19 of said chapter 118F, as so appearing, is hereby further amended by striking out, in lines 62 and 66, the word "ninety-two" and inserting in place thereof, in each instance, the following word:- ninety-five.

SECTION 188. Chapter 119 of the General Laws is hereby amended by striking out section 61, as most recently amended by section 6 of chapter 488 of the acts of 1991, and inserting in place thereof the following section:-

Section 61. The commonwealth may request a transfer hearing whenever it is alleged in a complaint that a child, who is fourteen years old or older, has committed an offense against a law of the commonwealth, which, if he were an adult, would be punishable by imprisonment in the state prison, and that the offense has allegedly been committed by a child who had previously been committed to the department of youth services, or involves the threat or infliction of serious bodily harm.

The court shall hold a transfer hearing whenever the commonwealth so requests. The court shall order a transfer hearing in every case in which the offense alleged is murder in the first or second degree, manslaughter, or a violation of section eighteen, twenty-two, twenty-two A or twenty-six of chapter two hundred and sixty-five, or section fourteen of chapter two hundred and sixty-six.

At said transfer hearing, which shall be held before any hearing on the merits of the charges alleged, the court shall first determine whether probable cause exists to believe that the child has committed the offense or violation charged. If the offense alleged is murder in the first or second degree, manslaughter, or a violation of section eighteen, twenty-two, twenty-two A or twenty-six of chapter two hundred and sixty-five, or section fourteen of chapter two hundred and sixty-six, the probable cause portion of said transfer hearing shall be held within fifteen days of the child's first appearance before the court following the date of the complaint; provided, however, that a failure to hold such probable cause portion of the hearing within said fifteen days shall not prohibit such hearing from being held at a later time as determined by the court. If probable cause is found, the court shall then determine whether the child presents a danger to the public, and whether the child is amenable to rehabilitation within the juvenile justice system. In making such determination the court shall consider, but shall not be limited to, evidence of the nature, circumstances, and seriousness of the alleged offense; the child's court and delinquency record; the child's age and maturity; the family, school and social history of the child; the success or lack of success of any past treatment efforts of the child; the nature of services available through the juvenile justice system; the adequate protection of the public; and the likelihood of rehabilitation of the child.

If the offense alleged is murder in the first or second degree, manslaughter, or a violation of section eighteen, twenty-two, twenty-two A or twenty-six of chapter two hundred and sixty-five, or section fourteen of chapter two hundred and sixty-six, this portion of the transfer hearing shall be held within thirty days of the probable cause portion; provided, however, that a failure to hold such portion of the transfer hearing within said thirty days shall not prohibit such hearing from being held at a later time as determined by the court.

If the offense alleged is murder in the first or second degree, the commonwealth may proceed by filing a complaint in juvenile court or in a juvenile session of a district court, as the case may be, or by filing an indictment in such court. In such proceedings initiated by the filing of a complaint, a probable cause hearing shall be held within the time set forth in this section, unless the commonwealth shall have proceeded by indictment prior to such hearing. If the commonwealth has proceeded by indictment, no probable cause hearing shall be held, and a transfer hearing shall be held as provided by this section. In all cases brought pursuant to the provisions of this paragraph, the child shall have the right to an indictment proceeding under section four of chapter two hundred and sixty-three, unless such child, upon advice of counsel, duly waives indictment.

If, at the conclusion of the hearing, the court enters a written finding based upon clear and convincing evidence that the child presents a significant danger to the public and that the child is not amenable to rehabilitation within the juvenile justice system, the court shall dismiss the delinquency complaint and cause a criminal complaint to be issued. The case shall thereafter proceed according to the usual course of criminal proceedings and in accordance with the provisions of section thirty of chapter two hundred and eighteen and section eighteen of chapter two hundred and seventy-eight. If the court fails to make such findings the court shall state its reasons in writing and the commonwealth may appeal the decision of the court under the provisions of section twenty-eight E of chapter two hundred and seventy-eight. Any such appeal shall be taken within ten days after the court's failure to make said findings and further proceedings shall be stayed pending the entry of an order of the appellate court. If the time for the commonwealth to appeal expires, or if such appeal is denied then the court shall proceed on the delinquency complaint.

If a child is charged with murder in the first or second degree, manslaughter, or any violation of section eighteen, twenty-two, twenty-two A or twenty-six of chapter two hundred and sixty-five, or section fourteen of chapter two hundred and sixty-six, and a finding of probable cause has been made, there shall exist a rebuttable presumption that the child presents a significant danger to the public and that such child is not amenable to rehabilitation within the juvenile justice system. If, at the hearing, the court enters a written finding based upon a preponderance of the evidence that the child presents a significant danger to the public and that the child is not amenable to rehabilitation within the juvenile justice system, the court shall dismiss the delinquency complaint and cause a criminal complaint to be issued. The case shall thereafter proceed according to the usual course of criminal proceedings and in accordance with the provisions of section thirty of chapter two hundred and eighteen and section eighteen of chapter two hundred and seventy-eight. If the court fails to make such findings the court shall state its reasons in writing and the commonwealth may appeal the decision of the court under the provisions of section twenty-eight E of chapter two hundred and seventy-eight. Any such appeal shall be taken within ten days after the courts failure to make such findings and further proceedings shall be stayed pending the entry of an order of the appellate court. If the time for the commonwealth to appeal expires, or if such appeal is denied then the court shall proceed on the delinquency complaint.

Whenever a criminal complaint is issued in accordance with this section, the provisions of section sixty-eight shall apply to any person, under the age of eighteen, who is committed for failure to recognize pending final disposition in the district or superior court.

Unless the child waives the provisions of this paragraph, the judge who conducted the transfer hearing shall not conduct any subsequent criminal delinquency proceeding arising out of the facts alleged in the delinquency complaint.

SECTION 189. Section 26 of chapter 121B of the General Laws, as appearing in the 1990 Official Edition, is hereby amended by inserting after the word "nonprofit", in line 228, the following word:- corporation.

SECTION 190. Section 16 of chapter 123 of the General Laws, as so appearing, is hereby amended by striking out, in line 14, the word "sand" and inserting in place thereof the following word:- stand.

SECTION 191. Section 1 of chapter 125 of the General Laws, as so appearing, is hereby amended by striking out, in line 29, the second time it appears, the word "or" and inserting in place thereof the following word:- of.

SECTION 192. Section 49B of chapter 127 of the General Laws, as so appearing, is hereby amended by striking out, in lines 7 and 8, the words "prisoners" and inserting in place thereof the following word:- prisoner.

SECTION 193. Section 19 of chapter 128A of the General Laws, as so appearing, is hereby amended by striking out, in line 10, the words "of the Massachusetts General Laws".

SECTION 194. Section 20 of said chapter 128A, as so appearing, is hereby amended by striking out, in line 67, the words "of the General Laws".

SECTION 195. Section 30 of said chapter 128A, as so appearing, is hereby amended by striking out, in line 3, the words "of the General Laws".

SECTION 196. Said section 30 of said chapter 128A, as so appearing, is hereby further amended by striking out, in line 5, the words "Massachusetts General Laws,".

SECTION 197. Section 45 of chapter 129 of the General Laws, as so appearing, is hereby amended by striking out, in line 7, the words "of the General Laws".

SECTION 198. Chapter 131 of the General Laws is hereby amended by striking out section 40B, inserted by section 3 of chapter 141 of the acts of 1991, and inserting in place thereof the following section:-

Section 40B. The farmland advisory board established in section forty shall meet quarterly and at the call of the commissioner or upon written request of any two members. The board is charged with advising the commissioner relative to the definitions of "normal maintenance or improvement of land in agricultural or aquacultural use" and other issues relating to agriculture including but not limited to, consistency in federal and state statutes, rules and regulations pursuant to agricultural activities governed by section forty, and issues affecting agriculture pursuant to chapter twenty-one G. The farmland advisory board, in conjunction with the department, shall make an annual report to the committee on natural resources and agriculture as to their activities under this section.

SECTION 199. Paragraph (a) of section 5 of chapter 131A of the General Laws, as appearing in the 1990 Official Edition, is hereby amended by striking out clause (vi) and inserting in place thereof the following clause:-

(vi) any additional information the director may require.

SECTION 200. Section 16B of chapter 132A of the General Laws, as so appearing, is hereby amended by striking out, in lines 10, 17 and 20, the words "quality engineering" and inserting in place thereof, in each instance, the following word:- protection.

SECTION 201. Section 1 of chapter 133 of the General Laws, as so appearing, is hereby amended by striking out, in lines 4 and 5, the words "police officer appointed under section ten of chapter one hundred and forty-seven" and inserting in place thereof the following words:- state police officer appointed under section fifty-seven of chapter twenty-two C.

SECTION 202. Section 3A of chapter 143 of the General Laws, as amended by section 92 of chapter 552 of the acts of 1991, is hereby further amended by striking out the third paragraph and inserting in place thereof the following paragraph:-

The provisions of this section shall not apply to bridges and their appurtenant supporting structures which have been or are to be constructed by or are under the custody and control of the department of highways or the Massachusetts Turnpike Authority or for which said department or authority has maintenance responsibility.

SECTION 203. Section 29 of chapter 147 of the General Laws, as appearing in the 1990 Official Edition, is hereby amended by striking out, in line 19, the word "license" and inserting in place thereof the following word:- licensee.

SECTION 204. Section 38D of chapter 148 of the General Laws, as so appearing, is hereby amended by striking out, in line 10, the words "fire: or" and inserting in place thereof the following words:- fire; or.

SECTION 205. Subsection 1 of section 44A of chapter 149 of the General Laws, as amended by section 239 of chapter 138 of the acts of 1991, is hereby further amended by striking out the definition of "Deputy Commissioner" and inserting in place thereof the following definition:-

"Commissioner", means the commissioner of the division of capital planning and operations or his designee.

SECTION 206. Said section 44A of said chapter 149 is hereby further amended by striking out, in line 23, as appearing in the 1990 Official Edition, the word "s/he" and inserting in place thereof the following word:- he.

SECTION 207. Said section 44A of said chapter 149 is hereby amended by striking out, in line 73, as so appearing, the words "his/her" and inserting in place thereof the following word:- his.

SECTION 208. Section 44B of said chapter 149, as so appearing, is hereby amended by striking out, in lines 45, 47, 52, 56, 67 and 77, each time they appear, the words "his/her" and inserting in place thereof, in each instance, the following word:- his.

SECTION 209. Said section 44B of said chapter 149, as so appearing, is hereby further amended by striking out, in line 57, the words "him/her" and inserting in place thereof the following word:- him.

SECTION 210. Section 44D of said chapter 149, as so appearing, is hereby amended by striking out, in line 178, the words "his/her" and inserting in place thereof the following word:- his.

SECTION 211. Section 44E of said chapter 149 is hereby amended by striking out, in line 8, as so appearing, the words "his/her" and inserting in place thereof the following word:- his.

SECTION 212. Section 44G of said chapter 149, as so appearing, is hereby amended by striking out, in line 30, the word "s/he" and inserting in place thereof the following word:- he.

SECTION 213. Said section 44G of said chapter 149, as so appearing, is hereby further amended by striking out, in line 33, the words "his/her" and inserting in place thereof the following word:- his.

SECTION 214. The first paragraph of section 148B of said chapter 149, as so appearing, is hereby amended by striking out the first sentence and inserting in place thereof the following sentence:- For the purpose of this section, individuals performing any service, except as authorized under this chapter, shall be deemed to be employees under this section unless it is shown that: such individual has been and will continue to be free from control and direction in connection with the performance of such service under his contract; and such service is performed either outside the usual course of the business for which the service is performed or is performed outside of all places of business of the enterprise; and, such individual is customarily engaged in an independently established occupation, profession or business of the same nature as that involved in the service performed.

SECTION 215. Section 149 of said chapter 149, as so appearing, is hereby amended by striking out, in line 4, the words "the preceding section" and inserting in place thereof the following words:- section one hundred and forty-eight.

SECTION 216. The definition of "Employer" or "public employer", in section 1 of chapter 150E of the General Laws, as so appearing, is hereby amended by striking out the third sentence and inserting in place thereof the following sentence:- In the case of employees of the system of public institutions of higher education, the employer shall mean the higher education coordinating council or any individual who is designated to represent it and act in its interest in dealing with employees, except that the employer of employees of the University of Massachusetts shall be the board of trustees of the university or any individual who is designated to represent it and act in its interest in dealing with employees.

SECTION 217. Section 25 of chapter 151A of the General Laws is hereby amended by striking out, in line 152, as so appearing, the word "director's" and inserting in place thereof the following word:- commissioner's.

SECTION 218. Section 38 of said chapter 151A, as so appearing, is hereby amended by striking out, in line 30, the word "director" and inserting in place thereof the following word:- commissioner.

SECTION 219. Section 58A of said chapter 151A, as so appearing, is hereby amended by striking out, in lines 9 and 10, 38 and 39, 40 and 41, 43 and 44 and in line 54, the words "unemployment compensation fund" and inserting in place thereof, in each instance, the following words:- Unemployment Compensation Fund.

SECTION 220. Section 62 of said chapter 151A, as so appearing, is hereby amended by striking out, in line 2, the first time it appears, the word "in" and inserting in place thereof the following word:- on.

SECTION 221. Section 3 of chapter 151B of the General Laws is hereby amended by striking out subsection 1, as so appearing, and inserting in place thereof the following subsection:-

1. To establish and maintain its principal office in the city of Boston and such other offices within the commonwealth as it may deem necessary.

SECTION 222. Subsection (2) of section 10A of chapter 152 of the General Laws is hereby amended by striking out the paragraphs added by section 28 of chapter 398 of the acts of 1991, and inserting in place thereof the following two paragraphs:-

Whenever the subject of the conference is a claim or complaint for which written offers have been filed pursuant to section ten, the order or arbitrator's award modifying, terminating, or denying modification or termination of weekly compensation benefits shall reflect the amount so filed by one or other of the parties, or by a conciliator on behalf of a party, and shall not require any payment, modification or termination which has not been proposed by either party unless the judge or arbitrator provides a detailed written explanation of why neither submitted amount could reasonably be believed to accurately compensate the employee for his earning capacity. Whenever, with respect to a case in which liability is not an issue, a claim for additional compensation or a complaint to discontinue or modify compensation is among the issues before the administrative judge or arbitrator, if written amounts have not been filed at conciliation as hereinbefore provided, or are unavailable on the date of the conference or arbitration for any other reason or if the judge or arbitrator determines that a party that has previously filed an amount with a conciliator in good faith has subsequently acquired new information regarding earning capacity not available at the time of conciliation, the administrative judge or arbitrator shall require or, in case of newly discovered information, allow such filings at the close of the conference or arbitration, and the order or award shall reflect one of the offers so filed and not substitute any other amount unless the judge or arbitrator provides a detailed written explanation of why neither submitted amount could reasonably be believed to accurately compensate the employee for his earning capacity.

Nothing in this section shall restrict the authority of an administrative judge to order weekly benefits or health care services for a closed period into the future or to order that such benefits or services be initiated, modified, or terminated at a particular date in the future.

SECTION 223. Section 78 of chapter 156B of the General Laws is hereby amended by striking out subsection (d), as most recently amended by section 4 of chapter 229 of the acts of 1991, and inserting in place thereof the following subsection:-

(d) Unless such agreement to consolidate or merge is abandoned pursuant to provisions contained therein: (1) an original or attested copy thereof shall be kept in the commonwealth by the resulting or surviving corporation in one of the offices specified in section thirty-two for inspection by any of its stockholders or by any person who was a stockholder of any constituent corporation; (2) the resulting or surviving corporation shall furnish a copy of the agreement of consolidation or merger to any such stockholder or person upon written request and without charge; (3) articles of consolidation or merger shall be submitted to the state secretary which shall set forth the due adoption of an agreement of consolidation or merger in accordance with subsections (b) and (c) and shall state: (i) the names of the constituent corporations and the name of the resulting or surviving corporation; (ii) the effective date of the consolidation or merger determined pursuant to the agreement of consolidation or merger; (iii) any amendment to the articles of organization of the surviving corporation to be effected pursuant to the agreement of merger; or the following information in respect of the resulting corporation:

(A) the purposes of the resulting corporation;

(B) the total number of shares and the par value, if any, of each class of stock which the resulting corporation is authorized to issue;

(C) if more than one class of stock is to be authorized, a description of each class, with the preferences, voting powers, qualifications, special or relative rights or privileges as to each class and any series thereof then established; and

(D) such other provisions as are permitted by section thirteen to be included in the articles of organization of a corporation and are contained in the agreement of consolidation; and (iv) that the resulting or surviving corporation will furnish a copy of the agreement of consolidation or merger to any of its stockholders or to any person who was a stockholder of any constituent corporation upon written request and without charge. Such articles of consolidation or merger shall be signed by the president or a vice president and the clerk or an assistant clerk of each constituent corporation, who shall state under the penalties of perjury that the agreement of consolidation or merger has been duly executed on behalf of such corporation and has been approved in the manner required by this section by the stockholders of such corporation or, if permitted under subsection (c), by the directors of such corporation.

The form on which articles of consolidation or merger are filed shall also contain the following information which shall not for any purpose be treated as a permanent part of the articles of organization of the resulting or surviving corporation:

(1) the street address of the initial principal office of the resulting or surviving corporation in the commonwealth;

(2) the name, residence and post-office address of each of the initial directors and president, treasurer and clerk of the resulting or surviving corporation;

(3) the fiscal year of the resulting or surviving corporation initially adopted.

The consolidation or merger shall become effective when the articles of consolidation or merger are filed in accordance with section six, unless said articles specify a later effective date not more than thirty days after such filing, in which event the consolidation or merger shall become effective on such later date.

SECTION 224. Section 79 of said chapter 156B, as appearing in the 1990 Official Edition, is hereby amended by striking out, in line 49, the words "of paragraph 3".

SECTION 225. Section 1 of chapter 161B of the General Laws is hereby amended by striking out the definition of "Net cost of service", as amended by section 94 of chapter 33 of the acts of 1991, and inserting in place thereof the following definition:-

"Net cost of service", the difference between (a) all income received by the authority, including but not limited to revenues and receipts from operations, advertising, parking, sale of capital assets in the ordinary course of business, and gifts and grants for current purposes, and (b) all current expenses incurred by the authority, including but not limited to expenses for operations, wages, contracts for service by others, maintenance, debt service, including any debts, liabilities and obligations assumed under the provisions of law and including any applicable sinking fund requirements, taxes and rentals, payments into a reserve account established pursuant to the provisions of paragraph (q) of section six, and all other expenses which the authority determines not to capitalize, when such expenses exceed such income. Expenditures from the proceeds of bonds or bond anticipation notes shall not be included in current expenses.

SECTION 226. Section 5 of chapter 161D of the General Laws, as most recently amended by section 98 of said chapter 33, is hereby further amended by striking out clauses (3) to (5), inclusive, and inserting in place thereof the following three clauses:-

(3) Said rate shall be set by the secretary, and shall as nearly as possible, produce sufficient revenues to the commonwealth in combination with the estimated revenues from the sale of such vehicles under the provisions of clause (4), to recover the principal cost to the commonwealth of said program; provided, however, that the rate for any lease entered into pursuant to this chapter and in effect as of December twenty-seventh, nineteen hundred and eighty-five shall not be increased except as specifically permitted by the lease and any reduction authorized by the secretary pursuant to this section shall not be retroactive;

(4) Upon termination of said lease, the vehicle shall be sold to the highest bidder in accordance with General Laws relative to competitive bidding, with no preference being given to the carrier or carriers to whom the vehicle was leased during the preceding time periods;

(5) In the event of a declaration of emergency, by the governor, the secretary reserves the right to temporarily reassign use of such vehicle by the lessee; and.

SECTION 227. Chapter 171 of the General Laws is hereby amended by striking out section 67, as most recently amended by chapter 353 of the acts of 1991, and inserting in place thereof the following section:-

Section 67. A credit union may make the following investments:

(a) in the shares of the Central Credit Union Fund, Incorporated, as authorized by section three of chapter two hundred and sixteen of the acts of nineteen hundred and thirty-two;

(b) in the shares of any federally chartered corporate credit union provided, however, that not more than twenty-five percent of the assets of a credit union shall be invested in such shares;

(c) in deposits in savings banks incorporated in the commonwealth;

(d) in paid-up shares and accounts of and in cooperative banks incorporated in the commonwealth;

(e) in the shares of savings and loan associations incorporated in the commonwealth;

(f) in deposits in trust companies incorporated in the commonwealth;

(g) in deposits in banking companies incorporated in the commonwealth which are members of the Federal Deposit Insurance Corporation;

(h) in the shares of federal savings and loan associations having a usual place of business within the commonwealth to an amount not in excess of the insurance provided by the Federal Savings and Loan Insurance Corporation for a depositor in any one of such association;

(i) in deposits in national banks located in the commonwealth;

(j) in bonds or notes of the United States or of any state or subdivision thereof;

(k) obligations of other federal agencies which appear on the list of legal investments prepared pursuant to section fifteen A of chapter one hundred and sixty-seven;

(l) in repurchase agreements secured by government obligations up to one year maturity;

(m) in a common trust unit plan organized for the purchase of obligations of the United States or any subdivision thereof which appear on the list of legal investments prepared pursuant to said section fifteen A of said chapter one hundred and sixty-seven and which plan has as its custodian a banking institution authorized to accept deposits from a credit union or from a savings bank;

(n) participate in federal funds with those banking corporations which are listed as eligible for such an investment, on the list of legal investments prepared pursuant to said section fifteen A of said chapter one hundred and sixty-seven;

(o) in any obligations, bank stocks, bank holding company stocks, insurance stocks or preferred stocks of public utility companies which appear on the list of legal investments prepared pursuant to said section fifteen A of said chapter one hundred and sixty-seven.

Not more than ten percent of the assets of a credit union shall be invested in bank stocks or bank holding company stocks or insurance stocks or preferred stocks of public utility companies or in all four of such types of stocks appearing on said list and not more than fifteen thousand dollars or two percent of the assets of a credit union, whichever is greater, shall be invested in the stock of any one such bank, bank holding company, insurance company or preferred stock of public utility companies.

Not more than twenty percent of the shares and deposits of a credit union shall be invested in railroad obligations appearing on such list and not more than one and one-half percent of the shares and deposits of any such credit union shall be invested in the obligations of any one operating railroad corporation.

Not more than twenty percent of the shares and deposits of a credit union shall be invested in the obligations of telephone companies appearing on said list and not more than four percent of the shares and deposits of such credit union shall be invested in the obligations of any one such company.

Not more than twenty-five percent of the shares and deposits of a credit union shall be invested in obligations of public utility companies appearing on said list and not more than four percent of the deposits of such credit union shall be invested in the obligations of any one such company.

Not more than ten percent of the shares and deposits of a credit union shall be invested in interest bearing obligations authorized for investment under the provisions of section fifteen B of chapter one hundred and sixty-seven and appearing on the list of legal investments prepared pursuant to said section fifteen A of said chapter one hundred and sixty-seven. Not more than one-half of one percent of the shares and deposits of such credit union shall be so invested in the obligations of any one obligor, but the foregoing limitations shall not apply to obligations of telephone companies, of companies engaged primarily in the distribution and sale of electricity or gas, or both, or of railroad companies other than terminal companies.

(p) in shares of one or more investment funds approved by the commissioner and appearing on the list prepared pursuant to said section fifteen A of said chapter one hundred and sixty-seven;

(q) in certificates of deposit having a maturity not in excess of two years of a banking corporation; provided, however, that (i) either the banking corporation or a bank holding company as, defined by chapter one hundred and sixty-seven A which owns two-thirds of the outstanding shares of each class of such banking corporation's voting stock has paid, in each of the five years immediately preceding the date of investment dividends, in cash of not less than four percent of its common stock without having reduced the aggregate par value thereof; (ii) the banking corporation has surplus at least equal to fifty percent of its capital stock; (iii) the banking corporation has a combined total of capital stock, surplus, undivided profits, capital debentures and reserve for contingencies at least equal to six percent of its aggregate deposit liability at the end of the calendar year immediately preceding the date of investment; and (iv) the banking corporation is, if its principal office is located outside the commonwealth a member of the federal reserve system; provided, however, that in the case of a banking corporation having a combined total of capital stock, surplus, undivided profits and reserve for contingencies equal to at least five hundred million dollars, the said combined total may be less than six percent, but not less than five percent, of its aggregate deposit liability at the end of the calender year immediately preceding the date of investment. The limitations imposed by clause (i) of this paragraph shall not apply to an aggregate investment of not in excess of one hundred thousand dollars in certificates of deposit of a banking corporation, the deposits of which banking corporation are insured by the Federal Deposit Insurance Corporation;

(r) in bankers' acceptances of the kinds and maturities made eligible by law for rediscount with federal reserve banks; provided, however, that the same are accepted by a bank, banking association or trust company incorporated under the laws of the United States or of this commonwealth, and having its principal place of business within the commonwealth.

Not more than ten percent of the shares and deposits of a credit union shall be invested in such bankers' acceptances, and not more than five percent of the shares and deposits of such credit union shall be invested in the acceptances eligible by law for rediscount in federal reserve banks of any one accepting bank or trust company; and the aggregate amount of bankers' acceptances of any one bank, banking association or trust company held by any such credit union shall not exceed twenty-five percent of the paid-up capital and surplus of such bank, banking association or trust company;

(s) in bonds of governments or countries friendly to the United States as defined by the United States Department of State;

(t) a credit union may contribute such sums as its board of directors may determine to be reasonable (i) to any private nonprofit organization organized for the purpose of improving the social and economic conditions in the community where such credit union is established, including any educational institution, and to any educational institution located outside that community for the purpose of providing scholarships for the benefit of the residents of that community; or (ii) to any fund being raised by a committee or agency for the purpose of relieving suffering or distress resulting from disaster or other calamity occurring in any part of the commonwealth; and

(u) in the capital stock of the Federal Home Loan Bank of Boston.

SECTION 228. Section 75 of said chapter 171 is hereby amended by striking out, in line 65, as appearing in the 1990 Official Edition, the word "travelers" and inserting in place thereof the following word:- traveler's.

SECTION 229. Chapter 175 of the General Laws is hereby amended by striking out section 112A, inserted by chapter 498 of the acts of 1991, and inserting in place thereof the following section:-

Section 112C. Any insurer doing business in the commonwealth shall reveal to an injured party making claim against an insured, the amount of the limits of said insured's liability coverage, upon receiving a request in writing for such information from the injured party or his attorney. A reply shall be made within thirty days of receiving such request. Any insurer who fails to comply with the provisions of this section shall be liable to pay to the claimant the sum of five hundred dollars plus reasonable attorneys' fees and expenses incurred in obtaining the coverage information provided for herein.

SECTION 230. Section 146B of said chapter 175, as appearing in the 1990 Official Edition, is hereby amended by striking out, in line 48, the word "or (j)" and inserting in place thereof the following word:- or (k).

SECTION 231. Section 1 of chapter 176I of the General Laws, as amended by section 94B of chapter 398 of the acts of 1991, is hereby further amended by striking out the definition of "Organization" and inserting in place thereof the following definition:-

"Organization", an insurer authorized to write accident and health insurance under chapter one hundred and seventy-five, a nonprofit hospital service corporation authorized under chapter one hundred and seventy-six A, a nonprofit medical service corporation authorized under chapter one hundred and seventy-six B, a dental service corporation authorized under chapter one hundred and seventy-six E, an optometric service corporation authorized under chapter one hundred and seventy-six F, a health maintenance organization authorized under chapter one hundred and seventy-six G, an insurer as defined in paragraph (7) of section one of chapter one hundred and fifty-two, or any other entity approved by the commissioner under this chapter.

SECTION 232. Section 3 of said chapter 176I, as amended by section 94C of said chapter 398, is hereby further amended by striking out the introductory paragraph and inserting in place thereof the following paragraph:-

Organizations, but not an insurer as defined in paragraph (7) of section one of chapter one hundred and fifty-two, may offer health benefit plans which provide for incentives for covered persons to use the health care services of preferred providers. Such health benefit policies or plans shall meet at least the following minimum requirements:.

SECTION 233. Clause (1) of the first paragraph of section 4 of chapter 181 of the General Laws, as appearing in section 9 of chapter 229 of the acts of 1991, is hereby amended by striking out, in line 2, the word "incorporated" and inserting in place thereof the following word:- incorporation.

SECTION 234. Clause (1) of the sixth paragraph of said section 4 of said chapter 181, as so appearing, is hereby amended by striking out, in line 2, the word "incorporated" and inserting in place thereof the following word:- incorporation.

SECTION 235. The second paragraph of said section 4 of said chapter 181, as so appearing, is hereby amended by striking out, in line 6, the word "translation" and inserting in place thereof the following word:- translator.

SECTION 236. Paragraph (e) of section 17D of chapter 184 of the General Laws, as appearing in the 1990 Official Edition, is hereby amended by striking out, in line 90, the word ", has" and inserting in place thereof the following word:- has.

SECTION 237. Section 29 of said chapter 184, as so appearing, is hereby amended by striking out, in line 7, the figure "(2)" and inserting in place thereof the following figure:- ,(2).

SECTION 238. Section 61A of chapter 185 of the General Laws, as so appearing, is hereby amended by striking out, in lines 3 and 4, the words ", provided; however" and inserting in place thereof the following words:- ; provided, however.

SECTION 239. Section 1 of chapter 188 of the General Laws, as so appearing, is hereby amended by striking out, in line 7, the word "of", the second time it appears, and inserting in place thereof the following word:- or.

SECTION 240. Section 15 of chapter 191 of the General Laws, as so appearing, is hereby amended by striking out, in line 2, the words "thirty-five or".

SECTION 241. Section 1 of chapter 200A of the General Laws, as so appearing, is hereby amended by striking out, in line 16, the word "travelers" and inserting in place thereof the following word:- traveler's.

SECTION 242. Section 6B of said chapter 200A, as so appearing, is hereby amended by striking out, in line 8, the word "traveler" and inserting in place thereof the following word:- traveler's.

SECTION 243. Said section 6B of said chapter 200A, as so appearing, is hereby further amended by striking out, in lines 11, 17, 23, 28, 32, 38 and 48, the word "travelers" and inserting in place thereof, in each instance, the following word:- traveler's.

SECTION 244. Said section 6B of said chapter 200A, as so appearing, is hereby further amended by striking out, in lines 18, 22, 27, 31, 37 and 47, the word "cashiers" and inserting in place thereof, in each instance, the word:- cashier's.

SECTION 245. Section 6C of said chapter 200A, as so appearing, is hereby amended by striking out, in lines 2 and 5, the word "cashiers" and inserting in place thereof, in each instance, the following word:- cashier's.

SECTION 246. Said section 6C of said chapter 200A, as so appearing, is hereby further amended by striking out, in lines 3, 6 and 8, the word "travelers" and inserting in place thereof, in each instance, the following word:- traveler's.

SECTION 247. Said section 6C of said chapter 200A, as so appearing, is hereby further amended by inserting after the word "for", in line 10, the following word:- a.

SECTION 248. Section 8 of said chapter 200A, as so appearing, is hereby amended by striking out, in line 58, the word "travelers" and inserting in place thereof the following word:- traveler's.

SECTION 249. Section 8B of said chapter 200A, as so appearing, is hereby amended by striking out, in lines 15 and 17, the word "travelers" and inserting in place thereof, in each instance, the following word:- traveler's.

SECTION 250. Section 14 of said chapter 200A, as so appearing, is hereby amended by striking out, in lines 8 and 9, the words "six A, six B, six C and six D of chapter one hundred and forty-seven" and inserting in place thereof the following words:- forty-five to forty-eight, inclusive, of chapter twenty-two C.

SECTION 251. Section 8 of chapter 201A of the General Laws, as so appearing, is hereby amended by striking out, in line 1, the second time it appears, the word "of" and inserting in place thereof the following word:- by.

SECTION 252. Chapter 201D of the General Laws is hereby amended by inserting before section 1 the following title:- `tuc HEALTH CARE PROXIES.

SECTION 253. Section 1 of said chapter 201D, as appearing in the 1990 Official Edition, is hereby amended by striking out the definition of "Facility" and inserting in place thereof the following definition:-

"Facility", any facility as defined in section seventy E of chapter one hundred and eleven.

SECTION 254. Section 15 of said chapter 201D, as so appearing, is hereby amended by striking out the introductory paragraph and inserting in place thereof the following paragraph:-

Notwithstanding any provisions herein to the contrary, nothing in this chapter shall be construed to require a private facility to honor an agent's health care decision that the facility would not honor if the decision had been made by the principal because the decision is contrary to a formally adopted policy of the facility that is expressly based on religious beliefs and the facility would be permitted by law to refuse to honor the decision if made by the principal, provided:.

SECTION 255. Section 21B of chapter 203 of the General Laws, as so appearing, is hereby amended by striking out, in line 5, the word "transferred" and inserting in place thereof the following word:- transfer.

SECTION 256. Section 25A of said chapter 203, as amended by chapter 347 of the acts of 1991, is hereby further amended by striking out, in line 2, the word "principle" and inserting in place thereof the following word:- principal.

SECTION 257. Chapter 209 of the General Laws is hereby amended by striking out section 3, as appearing in the 1990 Official Edition, and inserting in place thereof the following section:-

Section 3. Transfers of real and personal property between husband and wife shall be valid to the same extent as if they were sole.

SECTION 258. Section 9 of chapter 209C of the General Laws, as so appearing, is hereby amended by striking out, in line 57, the word "or", the second time it appears, and inserting in place thereof the following word:- of.

SECTION 259. Section 13 of said chapter 209C, as so appearing, is hereby amended by striking out, in line 27, the word "Section 5A".

SECTION 260. Chapter 211B of the General Laws is hereby amended by striking out section 19, as amended by section 37 of chapter 145 of the acts of 1991, and inserting in place thereof the following section:-

Section 20. An administrative justice of the trial court may, subject to the approval of the chief administrative justice, grant a leave of absence for study, research, teaching, or such other reason as said administrative justice deems appropriate to the improved administration of justice, to a judge of said department, said leave to be for a period not to exceed one year. Any judge who takes an approved leave of absence shall not receive pay during the period of the leave of absence; provided, however, that time spent on leave of absence shall be credited to the judge for retirement purposes; provided, further, that for the purposes of eligibility for life insurance and health plans available under chapter thirty-two A, said judge shall be considered an active employee. The chief administrative justice in approving such leaves shall consider the speedy dispatch of judicial business, including reassignment of judges pursuant to section nine. The chief administrative justice, in consultation with the administrative justices, shall establish and promulgate standards governing the approval of such leaves including procedures for the submission and disposition of requests for leave.

No leave of absence under this section shall be granted prior to the seventh year of service or within one year of retirement. A judge granted a leave of absence under this section shall not be eligible to take another leave of absence until the expiration of seven years following his return to judicial duties.

All statutory requirements and rules of court pertaining to judges shall continue to be applicable to a judge while he is on a leave of absence pursuant to this section.

SECTION 261. Chapter 217 of the General Laws is hereby amended by striking out section 15C, as appearing in the 1990 Official Edition, and inserting in place thereof the following section:-

Section 15C. The register in each county shall, upon the receipt of an inventory, filed in an estate matter being probated in his court, which contains as an asset an interest in real estate located in another county, send a certified copy of the will or petition for administration and inventory to the register in the county in which the real estate is located and also to the register of deeds in said county. Upon receipt of said copies each such register shall file them with the records of their respective offices in the same manner as if such papers had been originally filed in their office.

SECTION 262. Section 26 of chapter 255D of the General Laws, as so appearing, is hereby amended by striking out, in line 87, the word "the", the first time it appears.

SECTION 263. Chapter 262 of the General Laws is hereby amended by striking out section 35, as so appearing, and inserting in place thereof the following section:-

Section 35. The fee for lawfully solemnizing and certifying a marriage shall not exceed forty-five dollars if performed in the justice of the peace's home community or sixty dollars if performed in any municipality in the commonwealth; provided, however, that no additional charge shall be made for travel in connection with such solemnization notwithstanding any law to the contrary. Nor shall any additional charge be made by a justice of the peace, for providing flowers, for providing music, for providing a photographer, for providing a location where the marriage ceremony takes place, or for providing an unofficial certificate of marriage. Additional charges are allowable for prenuptial counseling conferences, rehearsals, and other special requests by the couple whose marriage is being solemnized; provided, however, that the amount of these additional charges must be disclosed in writing to the couple whose marriage is being solemnized at least forty-eight hours prior to the rendering of these services. The total fee for lawfully solemnizing and certifying a marriage shall not exceed the fee limit fixed for solemnizing and certifying a marriage in a justice of the peace's home community where a municipal employee who is also a justice of the peace solemnizes a marriage in a municipal building at a time when said building is regularly open for business.

SECTION 264. Section 1 of chapter 268B of the General Laws, as so appearing, is hereby amended by striking out, in lines 132 and 133, the words "5 of this chapter" and inserting in place thereof the following word:- five.

SECTION 265. Section 5 of said chapter 268B, as so appearing, is hereby amended by striking out, in line 125, the words "4 of this chapter" and inserting in place thereof the following word:- four.

SECTION 266. Section 98A of chapter 272 of the General Laws, as so appearing, is hereby amended by striking out, in line 13, the word "of" and inserting in place thereof the following word:- on.

SECTION 267. Paragraph (b) of section 3 of chapter 372 of the acts of 1984 is hereby amended by striking out, in line 44, the word "forty C" and inserting in place thereof the following word:- forty N.

SECTION 268. Chapter 69 of the acts of 1990 is hereby amended by striking out section 2 and inserting in place thereof the following two sections:-

Section 2. Section fifteen B of chapter one hundred and thirty-eight of the General Laws is hereby repealed.

Section 3. Section two of this act shall take effect on July first, nineteen hundred and ninety-two.

SECTION 269. The provisions of section fifteen A of chapter twenty-two of the General Laws, inserted by section sixty-eight of this act, shall be null and void upon the implementation of a federal campus security law.

SECTION 270. Section 25 of chapter 499 of the acts of 1990, as amended by section 584 of chapter 133 of the acts of 1992, is hereby further amended by striking out paragraphs (b) and (c) and inserting in place thereof the following two paragraphs:-

Fifty percent of said revenue for the purposes of grant and loan program to assist residential property owners and tenants in financing the removal or covering of paint, plaster, soil or other materials on residential premises containing dangerous levels of lead and in paying for interim housing during such removal or covering; provided, however, that notwithstanding any other provisions of law, said program and funds shall be administered by the Massachusetts Housing Finance Agency established by chapter seven hundred and eight of the acts of nineteen hundred and sixty-six, hereinafter called the agency, consistent with the objectives of sections one hundred and ninety-two to one hundred and ninety-nine A, inclusive, of chapter one hundred and eleven, and the commissioner of administration is hereby authorized and directed to transfer said fifty percent of the balance to said agency within sixty days of the receipt thereof by the commonwealth; and provided, further, that in administering said program, the agency, in addition to its existing powers, shall have, but not be limited to, the following powers: (i) to create an interest loan by-down program either in conjunction with its existing home improvement programs or by other similar initiatives determined to be appropriate by the agency and the executive office of communities and development of the commonwealth; (ii) to develop, in conjunction with the banking and insurance industries of the commonwealth, a low cost financing mechanism for lead paint removal; (iii) to guarantee repayment to lenders writing loans for the purposes of lead paint removal or covering upon such terms and conditions as determined by the board of directors of the agency; (iv) to establish reasonable underwriting standards for the repayment of such lead paint removal or covering loans and to establish the procedures necessary to effect the purposes of said program; and provided, further, that all loans made pursuant to the authority herein contained shall be deemed to be legal investments for banks and insurance companies pursuant to section two of chapter one hundred and sixty-seven F of the General Laws or any other provisions of law.

Fifty percent of said revenue shall be deposited in the general fund for the purposes of the school building assistance program as contained in item 7052-0007 of section two of chapter one hundred and thirty-three of the acts of nineteen hundred and ninety-two.

SECTION 271. Paragraph (b) of section 96 of chapter 6 of the acts of 1991 is hereby amended by striking out, in line 2, the words "July first" and inserting in place thereof following the words:- June thirtieth.

SECTION 272. Sections one hundred and eighty-nine and one hundred and ninety of chapter one hundred and thirty-eight of the acts of nineteen hundred and ninety-one are hereby repealed.

SECTION 273. Section three hundred and seventy-seven of said chapter one hundred and thirty-eight is hereby repealed.

SECTION 274. Section twenty-five of chapter one hundred and forty-two of the acts of nineteen hundred and ninety-one is hereby repealed.

SECTION 275. Section twenty-nine of chapter one hundred and forty-five of the acts of nineteen hundred and ninety-one is hereby repealed.

SECTION 276. Chapter 516 of the acts of 1991 is hereby amended by striking out section 2 and inserting in place thereof the following section:-

Section 2. The provisions of sections eight, nine and thirteen of chapter one hundred and seventy-five I of the General Laws, inserted by section one of this act, shall apply to rights granted therein regardless of the date of collection or receipt of the information which is the subject of such sections.

SECTION 277. Section five of chapter five hundred and fifty-two of the acts of nineteen hundred and ninety-one is hereby repealed.

SECTION 278. Section fifty-one of this act shall take effect on July first, nineteen hundred and ninety-five.

SECTION 279. Sections one hundred and twelve, one hundred and twenty-two, one hundred and thirty-two, one hundred and thirty-three, one hundred and fifty-five, one hundred and fifty-six, one hundred and fifty-seven, one hundred and sixty-six, one hundred and seventy-one, two hundred and one and two hundred and fifty of this act shall take effect on July first, nineteen hundred and ninety-two.