FILED ON: 1/5/2015

SENATE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 2424

The Commonwealth of Massachusetts

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In the Year Two Thousand Fifteen

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An Act making corrective changes to certain general and special laws.

Whereas, The deferred operation of this act would tend to defeat its purpose, which is to make forthwith 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 3 of chapter 1 of the General Laws, as appearing in the 2012 Official Edition, is hereby amended by striking out, in line 6, the words “department of highways” and inserting in place thereof the following words:-  division of highways.

SECTION 2. Section 4 of said chapter 1, as so appearing is hereby amended by striking out, in lines 1 and 2, the words “department of highways, in this chapter called the department” and inserting in place thereof the following words:-  division of highways.

SECTION 3.  Said section 4 of said chapter 1, as so appearing, is hereby further amended by striking out, in lines 5 and 12, the word “department” and inserting in place thereof, in each instance, the following word:-  division.

SECTION  4.  Section 5 of said chapter 1, as so appearing, is hereby amended by striking out, in line 5, the words “department, who” and inserting in place thereof the following words:-  division, which.

SECTION  5.  Section 6 of said chapter 1, as so appearing, is hereby amended by striking out, in line 1, the word “department” and inserting in place thereof the following word:-  division.

SECTION  6. Section 8 of said chapter 1, as so appearing, is hereby amended by striking out, in lines 2 and 3, the word “department” and inserting in place thereof the following word:-  division.

SECTION 7.  Chapter 2 of the General Laws is hereby amended by striking out section 61, added by chapter 208 of the acts of 2014, and inserting in place thereof the following section:-

Section 62.  Volleyball shall be the official recreational and team sport of the commonwealth.

SECTION 8. Section 7 of chapter 4 of the General Laws is hereby amended by striking out, in line 419, as so appearing,  the words “Massachusetts military reservation” and inserting in place thereof the words:- “Joint Base Cape Cod.

SECTION 9.  Section 15SSSSS of chapter 6 of the General Laws, inserted by chapter 122 of the acts of 2014, is hereby repealed.

SECTION 10.  Section 15UUUUU of said chapter 6, inserted by chapter 175 of the acts of 2014, is hereby repealed.

SECTION 11.  Said chapter 6 is hereby further amended by inserting after 15UUUUU, inserted by section 7 of chapter 165 of the acts of 2014, the following 3 sections:-

Section 15VVVVV.  The governor shall annually issue a proclamation setting apart June 14 as United States Army Birthday Day, in recognition of the designation by the Second Continental Congress in Philadelphia to adopt the New England Militias around Boston on June 14, 1775 and the Congress further resolved to form a committee to bring in a draft of rules and regulations for the government of the Army; and in recognition of those who have served and those who are currently serving in the United States Army, Army Reserve and Massachusetts Army National Guard and recommending that the day be observed in an appropriate manner by the people.

Section 15WWWWW.  The governor shall annually issue a proclamation setting apart October 9 as PANDAS/PANS Awareness Day, to raise awareness of the occurrence of pediatric autoimmune neuropsychiatric disorders associated with streptococcal infections and pediatric acute-onset neuropsychiatric syndrome and recommending that the day be observed in an appropriate manner by the people.

Section 15XXXXX.  The governor shall annually issue a proclamation setting apart September 25 as Ataxia Awareness Day, in recognition of the thousands of individuals affected by hereditary and sporadic ataxia in the United States and the need for increased public awareness, research, prevention and support for victims and their families and recommending that the day be observed in an appropriate manner by the people.

SECTION 12.  Section 91 of chapter 6 of the General Laws, as so appearing, is hereby amended by striking out, in line 17, the words “department of highways” and inserting in place thereof the following words:-  division of highways.

SECTION 13.  Said section 91 of said chapter 6, as so appearing, is hereby amended by striking out, in line 20, the words “telecommunications and energy” and inserting in place thereof the following words:-  public utilities.

SECTION 14.  Section 127 of said chapter 6, as so appearing, is hereby amended by striking out, in line 8, the words “division of employment and training” and inserting in place thereof the following words:-  department of career services.

SECTION 15.  Section 172 of said chapter 6, as so appearing, is hereby amended by striking out, in line 78, the word “public”.

SECTION 16.  Section 172C of said chapter 6 is hereby amended by striking out, in line 4, as so appearing, the words “who is mentally retarded” and inserting in place thereof the following words:-  with an intellectual disability.

SECTION 17. Said chapter 6 is hereby further amended by striking out section 172L, inserted by section 3 of chapter 284 of the acts of 2014, and inserting in place thereof the following section:-

Section 172M.  Notwithstanding section 172 or any other general or special law to the contrary, a person licensed pursuant to section 122 of chapter 140 shall obtain from the department all available criminal offender record information prior to accepting a person as an employee to determine the suitability of such person to be an employee who may have direct and unmonitored contact with firearms, shotguns or rifles. A person obtaining information pursuant to this section shall not disseminate such information for any other purpose than for the further protection of public safety.

SECTION 18.  Section 178C of said chapter 6, as so appearing, is hereby amended by striking out, in line 59 and 131, the words “mentally retarded person” and inserting in place thereof, in each instance, the following words:-  person with an intellectual disability.

SECTION 19.  Section 178K of said chapter 6 is hereby amended by striking out, in lines 223 and 224, as so appearing, the words “the mentally retarded” and inserting in place thereof the following words:-  persons with an intellectual disability.

SECTION 20.  Said section 178K of said chapter 6 is hereby further amended by striking out, in line 246, as so appearing, the words “mentally retarded person” and inserting in place thereof the following words:-  person with an intellectual disability.

SECTION 21.  Said chapter 6 is hereby further amended by striking out section 217, added by section 1 of chapter 226 of the acts of 2014, and inserting in place thereof the following section:-

Section 218.  (a) There shall be a commission on autism located within, but not subject to the control of, the executive office of health and human services. The commission shall consist of 35 members and shall be comprised of:  the secretary of health and human services or a designee, who shall serve as chair; 2 members of the house of representatives, 1 of whom shall be appointed by the minority leader; 2 members of the senate, 1 of whom shall be appointed by the minority leader; the commissioner of developmental services or a designee; the commissioner of mental health or a designee; the secretary of education or a designee; the director of housing and community development or a designee; the secretary of labor and workforce development or a designee; the commissioner of the Massachusetts rehabilitation commission or a designee; the commissioner of early education and care or a designee; the commissioner of elementary and secondary education or a designee; the commissioner of higher education or a designee; the secretary of elder affairs or a designee; the commissioner of  children and families or a designee; the commissioner of  public health or a designee; the director of Medicaid or a designee; 1 person to be appointed by the secretary of education from the community college system; the director of autism or a designee; 1 person to be appointed by the commissioner of developmental services who shall have clinical knowledge of Smith-Magenis syndrome; and 14 persons to be appointed by the governor, 1 of whom shall have a diagnosis of autism spectrum disorder, 1 of whom shall be a representative of Advocates  for Autism of Massachusetts, 1 of whom shall be a representative of the Autism Insurance Resource Center, 1 of whom shall be a representative of Massachusetts Advocates for Children, 1 of whom shall be a representative of the Arc of Massachusetts, 1 of whom shall be a representative of Autism Speaks, Inc., 1 of whom shall be a representative of the Lurie Center and 1 of whom shall be a representative of the Asperger’s Association of New England, Inc.  Members of the commission shall be persons with demonstrated interest, experience and expertise in autism and related services and shall serve for a term of 4 years, without compensation. Any member shall be eligible for reappointment. Vacancies shall be filled for the remainder of the unexpired term. Any member may be removed by the governor for cause.

(b)  There shall be an executive director of the committee. The executive director shall be appointed by the governor from candidates recommended by the committee.  The executive director may be removed by the governor for cause. The executive director shall promote the goals of the commission and improve commission functions through the coordination and standardization of programs, operations and procedures. The executive director shall have a working knowledge of the autism service delivery system and agencies providing these services, legislative advocacy experience and a personal connection to autism.  The executive director may: (i) expend appropriated funds together with additional funds from federal grants and other contributions, which may be made available for these purposes; and (ii) appoint other necessary personnel for the efficient management of the office.  Expenditures for salaries and for other administrative functions shall be approved by the commission. Duties of the executive director shall include, but not be limited to: (i) reporting on the progress of implementation of the 13 recommendations of the March 2013 Massachusetts autism commission report with periodic benchmarks and cost estimates for a coordinated, system-wide response supporting people of all ages on the autism spectrum; (ii) coordination of commission meetings; (iii) coordination with relevant state agencies; and (iv) completion of the annual report.

(c) The commission shall make recommendations on policies impacting individuals with autistic spectrum disorders which shall include, but not be limited to, Asperger's syndrome, high functioning autism, Smith-Magenis syndrome and pervasive development disorder. The commission shall investigate the range of services and supports necessary for such individuals to achieve their full potential across their lifespan including, but not limited to, investigating issues related to public education, higher education, job attainment and employment, including supported employment, provision of adult human services, post-secondary education, independent living, community participation, housing, social and recreational opportunities, behavioral services based on best practices to ensure emotional well-being, mental health services and issues relating to access for families of children with autism spectrum disorder and adults who are from linguistically and culturally-diverse communities.  The commission shall meet at least quarterly, or as frequently as the executive director recommends. The commission shall file an annual report, on or before March 1, with the governor, the joint committee on children, families and persons with disabilities and the joint committee on health care financing outlining unmet needs and trends in autism services, supports and treatments for the autism population, including any recommendations for regulatory and legislative action necessary to provide or improve such services or supports. The commission shall monitor the implementation of its recommendations and update recommendations to reflect current research and service needs as necessary.

SECTION 22.  Section 8C of chapter 6A of the General Laws, as so appearing, is hereby amended by striking out, in lines 5 and 6, the words “the division of highways of” and inserting in place thereof the following words:-  highways in.

SECTION 23.   Said section 8C of said chapter 6A, as so appearing, is hereby further amended by striking out, in line 12, the words “department” and inserting in place thereof the following words:-  division.

SECTION 24.  Section 16U of said chapter 6A, as so appearing, is hereby amended by inserting after the word “of”, in line 113, the following words:-  elementary and secondary.

SECTION 25.  Section 19 of chapter 6C of the General Laws, as so appearing, is hereby amended by striking out, in line 29, the words “telecommunications and energy” and inserting in place thereof the following words:-  public utilities.

SECTION 26.  Section 2 of chapter 6D of the General Laws, as so appearing, is hereby amended by striking out, in line 11, the second time they appear, the words “shall be”.

SECTION 27.  Section 11 of said chapter 6D, as so appearing, is hereby amended by striking out, in lines 33 and 38, the figure “176U” and inserting in place thereof, in each instance, the following figure:-  176T.

SECTION 28.  Section 15 of said chapter 6D, as so appearing, is hereby amended by striking out, in line 37, the figure “176U” and inserting in place thereof the following figure:-  176T.

SECTION 29.  The first sentence of the first paragraph of section 4A of chapter 7 of the General Laws, as appearing in section 19 of chapter 165 of the acts of 2014, is hereby amended by striking out the word “The” and inserting in place thereof the following word:-  (a) The.

SECTION 30.  Said section 4A of said chapter 7 is hereby further amended by striking out, in line 14, as appearing in the 2012 Official Edition, the word “(a) The” and inserting in place thereof the following word:-  (b) The.

SECTION 31.  Said section 4A of said chapter 7 is hereby further amended by striking out, in line 42, as so appearing, the word “(b) The” and inserting in place thereof the following word:-  (c) The.

SECTION 32.  Section 22N of said chapter 7, as so appearing, is hereby amended by striking out, in line 12, the words “mental retardation” and inserting in place thereof the following words:-  intellectual disability.

SECTION 33.  Section 54 of said chapter 7, as so appearing, is hereby amended by striking out, in lines 25 and 26, the words “division of employment and training” and inserting in place thereof the following words:-  department of career services.

SECTION 34.  Section 35 of chapter 7C of the General Laws, as so appearing, is hereby amended by striking out, in lines 37 and 38, the words “division of employment and training” and inserting in place thereof the following words:-  department of career services.

SECTION 35.  Said section 35 of said chapter 7C, as so appearing, is hereby further amended by striking out, in line 43, the words “employment and training” and inserting in place thereof the following words:-  career services.

SECTION 36.  Section 38 of chapter 10 of the General Laws, as so appearing, is hereby amended by striking out, in line 9, the words “retarded children” and inserting in place thereof the following words:-  children with an intellectual disability.

SECTION 37.  Section 56 of said chapter 10, as so appearing, is hereby amended by inserting after the word “the”, in line 3, the second time it appears, the following word:-  State.

SECTION 38.  Section 11G of chapter 12 of the General Laws, as so appearing, is hereby amended by striking out, in line 2, the words “local consumer aid fund” and inserting in place thereof the following words:-  Local Consumer Aid Fund.

SECTION 39.  Section 9 of chapter 12C of the General Laws, as so appearing, is hereby amended by striking out, in line 29, the figure “176U” and inserting in place thereof the following figure:-  176T.

SECTION 40.  Section 32 of chapter 13 of the General Laws is hereby amended by inserting after the third sentence, as so appearing, the following 2 sentences:-  Six of the appointees shall be citizens of the commonwealth: 1 of whom shall be a master electrician who holds a certificate A license issued under said chapter 141 and has at least 10 years’ experience as an employing master electrician; 1 of whom shall be a master electrician who holds certificate A and certificate B licenses issued under said chapter 141, is actively engaged in such business and has at least 10 years’ experience as an employing master electrician; 1 of whom shall be a journeyman electrician who holds a certificate B license issued under said chapter 141, is a wage earner and has at least 10 years of practical experience in the installation of wires and appliances for carrying electricity for light, heat or power purposes; 1 of whom shall be a systems contractor who holds a certificate C license issued under said chapter 141, is actively engaged in the business of fire warning and security systems as its principal business and has at least 10 years’ experience as an employing systems contractor; 1 of whom shall be a systems technician who holds a certificate D license issued under said chapter 141, is a wage earner and has at least 10 years of practical experience in the installation, repair and maintenance of systems; and 1 of whom shall be a representative of the New England Section of the International Municipal Signal Association who holds at least a level I competency certificate from the association, is a municipal employee and has at least 10 years of practical experience in the installation, repair and maintenance of fire warning or signalling systems. The state fire marshal shall be the chairperson.

SECTION 41. Section 6 of chapter 14 of the General Laws, as so appearing, is hereby amended by striking out, in lines 54 and 55, the words “division of employment and training” and inserting in place thereof the following words:-  department of career services.

SECTION 42. Chapter 15A of the General Laws is hereby amended by striking out section 42, added by section 51 of chapter 139 of the acts of 2012, and inserting in place thereof the following section:-

Section 42A. The commissioner shall establish in the department of higher education, an office of coordination. The commissioner shall appoint a director to operate and administer the office who shall have experience with workforce development in the public or private sector. The director shall work to establish a clearinghouse for all training opportunities provided by public higher education institutions. The University of Massachusetts, state universities and community colleges shall report to the office every workforce training opportunity the institutions provide for the its students and others in the workforce and all workforce training requests the institutions received but were not able to meet. The director shall maintain a public website listing all training opportunities offered by public higher education institutions and shall provide support for employers with workforce training needs that may be served through public higher education institutions. The director shall provide information to public higher education institutions to help the institutions provide workforce development services in the most efficient manner possible and eliminate redundancies in the public higher education workforce development offerings. The director shall establish a program for employers newly opened in or relocated to the commonwealth to apprise such employers of workforce training programs offered through public higher education institutions and to provide assistance in securing workforce development grants through the department of higher education. The office of coordination shall coordinate with existing workforce development programs provided by the commonwealth. The director shall prepare an annual report for publication on progress to improve the effectiveness of the commonwealth’s workforce development efforts offered through public higher education institutions and shall report regularly to the public on the progress the office is making towards achieving the stated goals.

The annual report, which shall be in a form and manner prescribed by the commissioner, shall include, but not be limited to: (i) a commissioner-approved plan for the year, including the goals set for the year and the performance measurements by which to evaluate those goals and programs or initiatives to meet those goals; (ii) the number, nature and amount of trainings facilitated and grants awarded to employers assisted by the office; and (iii) a description of technical assistance that the office provided.

The annual report of the office shall be made available to the public on the commonwealth’s website not later than December 31 and shall be filed with the clerks of the senate and house of representatives and the chairs of the house and senate committees on ways and means.

SECTION 43. Chapter 18B of the General Laws is hereby amended by striking out the title, as appearing in the 2012 Official Edition, and inserting in place thereof the following title:- 

DEPARTMENT OF CHILDREN AND FAMILIES.

SECTION 44.  Section 1 of chapter 19 of the General Laws, as so appearing, is hereby amended by striking out, in line 52, the word “department of highways” and inserting in place thereof the following words:-  division of highways.

SECTION 45. Section 21 of chapter 19 of the General Laws is hereby amended by striking out, in line 15, as so appearing, the words “mentally retarded” and inserting in place thereof the following words:-  intellectually disabled.

SECTION 46.  Section 7 of said chapter 19B, as so appearing, is hereby amended by striking out, in line 2, the words “mental retardation facilities” and inserting in place thereof the following words:-  facilities for persons with an intellectual disability.

SECTION 47.  Section 8 of said chapter 19B, as so appearing, is hereby amended by striking out, in lines 2 and 3, the words “mental retardation facility of the department” and inserting in place thereof the following words:- facility of the department for persons with an intellectual disability.

SECTION 48.  Said section 8 of said chapter 19B, as so appearing, is hereby further amended by striking out, in line 6, the words “the mentally retarded” and inserting in place thereof the following words:-  persons with an intellectual disability.

SECTION 49.  Section 19 of said chapter 19B, added by section 1 of chapter 255 of the acts of 2014, is hereby repealed.

SECTION 50.  Said chapter 19B is hereby further amended by adding the following section:-

Section 21 .   (a) As used in this section, the following words shall have the following meanings unless the context clearly requires otherwise:

“Chosen planning team”, an individual or group of individuals chosen by the participant to assist in the development of a person-centered plan or other aspect of self-determination.

“Commissioner”, the commissioner of developmental services.

“Department”, the department of developmental services.

“Financial management service”, a service or function provided by an entity to assist a participant in disbursing allocated funds in accordance with the participant’s individual budget and person-centered plan; provided, however, that financial management services may include facilitating the employment of service and support workers by aiding the participant with payments, fiscal accounting, tax withholding, compliance with relevant state and federal employment laws, verification of provider qualifications, criminal background checks and expenditure reports; and provided further, that the financial management service entity shall owe the participant a fiduciary duty and shall meet minimum qualifications as established by the department by regulation.

“Independent facilitator”, a person selected and directed by the participant to assist in the development and execution of a person-centered plan and to assist the participant in making informed decisions about the participant’s choices regarding self-determination including, but not limited to, the short-term and long-term planning goals for self-determination and the transition to self-determination; provided, however, that an independent facilitator shall meet minimum qualifications established by the department by regulation prior to assisting a participant; and provided further, that an independent facilitator shall not provide any services, supports or goods to the participant under the participant's individual support plan and shall not be employed by a person providing services, supports or goods to the participant.

“Individual budget”, an allocation of federal and state funds based upon the participant’s assessed needs, as determined by the department in consultation with the participant, the participant’s individual support plan team and chosen planning team, used to facilitate self-determination and to purchase services, supports or goods identified or referenced in the person-centered plan. 

“Individual support plan”, shall have the same meaning as ascribed to it in 115 CMR 6.20.

“Participant”, an individual with disabilities receiving department services and, when appropriate, an individual’s parents, legal guardian, conservator or other authorized representative, who has voluntarily agreed to take part in, and has been deemed eligible for, the self-determination option.

“Person-centered plan”, a plan of service for a participant who elects to participate in self-determination; provided, however, that the person-centered plan shall be incorporated into the participant’s individual support plan.

“Self-determination”, an approach to service delivery in which the participant is given control over the decision-making process for the participant’s supports or services and budget and the participant may tailor the support to meet the participant’s needs. 

(b)  The department shall offer self-determination as an option to individuals who are eligible for services through the department.  Self-determination shall be based on the participant’s judgment and preferences as set forth in the participant’s person-centered plan. An individual who is not MassHealth-eligible but who is otherwise eligible for department services may participate in self-determination.

(c)  The department shall establish a statewide self-determination advisory board to advise the department on efforts to implement, publicize, evaluate, improve and develop information regarding self-determination. The advisory board shall consist of: the longest serving member of the disabled persons protection commission, or a designee, who shall serve as chair; 19 person to be appointed by the commissioner, 1 of whom shall be a member of the department, 1 of whom shall be a member of an advocacy organization, 1 of whom shall  represent taxpayers, 1 of whom shall have experience with consumer protection, 1 of whom shall have experience with self-determination models, 1 of whom shall have experience with nonprofit and for-profit services markets and competition and services for persons with disabilities, 1 of whom shall have experience with financial management services, 1 of whom shall be an independent facilitator; 1 of whom shall be a provider of direct services, supports or goods and 10 of whom shall be a participant or a family member, legal representative or guardian of a participant; 1 person to be appointed by the disabled persons protection commission; 1 person to be appointed by the office of the inspector general; and 1 person to be appointed by the office of the state auditor. Members shall serve for terms of 3 years. Upon the expiration of the term of a member, a successor shall be appointed in like manner. The appointing entity shall in like manner fill any vacancy for the remainder of the unexpired term.

The self-determination advisory board shall also compile, and continually update, a list of participants or participants’ chosen planning teams who are willing to volunteer to discuss their experiences in self-determination with individuals considering implementing the self-determination option in their individual support plans and shall provide that list to the department.

(d)  The department and the statewide self-determination advisory board shall develop informational materials and training for department staff regarding self-determination.  Training shall include how to explain the concept and practice of self-determination and shall inform department staff about the mechanics of self-determination including, but not limited to: (i) the development of individual budgets; (ii) the selection, purchase and use of services, supports and goods by participants; (iii) information about the types of providers and services that may be utilized; (iv) information about the selection and supervision of vendors; (v) the respective roles of independent facilitators, financial management services and the department; and (vi) the methods of identifying and reporting instances of suspected waste, fraud and abuse. The department shall annually educate all department staff, except for department staff classified as janitorial, maintenance or secretarial, on all service options including, but not limited to, self-direction.

(e)  The department, in administering self-determination, shall:

(i)  facilitate and assist in the preparation of a person-centered plan, individual support plan and individual budget for each participant and, if applicable, the selection of a financial management service or independent facilitator;

(ii)  collect and disclose information to participants about providers and vendors who provide goods and services to participants; provided, however, that such information shall be in a format that employs standard categories of services, supports and goods and enables a participant or a participant’s chosen planning team to compare various combinations of possible budget expenditures; provided further, that such information shall include the costs of goods, on a per unit basis, and rates for supports and services known to the department which are likely to be charged against a participant’s individual budget if the participant utilizes any such service, support or good; provided further, that such information shall include information about the costs likely to be charged against a participant’s budget by a specific provider or vendor of financial management services or independent facilitation services; provided further, that where specific information is not available to the department, the department shall provide average rates for such services; and provided further, that the department shall not disclose any information that violates privacy protections under section 7 of chapter 4, section 2 of chapter 66A, section 17 of chapter 123B or any other state or federal privacy law;

(iii)  set minimum qualifications and guidelines for financial management service providers and independent facilitators; provided, however, that independent facilitators and financial management service providers shall owe participants a fiduciary duty; and provided further, that the department shall provide a list to each participant of the persons or organizations qualified to act as a financial management service provider or independent facilitator;

(iv)  in accordance with subsection (i), set individual budgets annually in a fair, equitable and transparent manner in consultation with the participant and the participant’s individual support plan; provided, however, that each individual budget shall be provided in a standard format that provides a breakdown of the individual budget into standard categories determined by the department including, but not limited to, services, supports and goods; and provided, further, that the individual budget shall specify whether a service, support or good has a rate that was negotiated by the department;

(v)  in consultation with the self-determination advisory board, review existing methodologies and develop alternative methodologies for computing and adjusting individual budgets as needed;

(vi)  ensure that the value of a participant’s individual budget is equivalent to the amount the department would have spent providing services, supports or goods to the participant if the participant had chosen to receive services, supports and goods through a traditional service model supported by the department; provided, however, that the department shall establish an appeals process for decisions regarding the individual budget;

(vii)  establish a process for providing funds under an individual budget to the participant in a timely manner ensuring that a participant is able purchase services, supports or goods without experiencing an interruption in services;

(viii)  promulgate standard forms on which the financial management service provider for each participant shall annually report the participant’s total expenditures for the year to the department; provided, however, that the report shall facilitate the collection of information under clause (ii);

(ix)  approve a qualified financial management service provider who may provide services to participants; provided, however, that the department shall negotiate with the financial management service provider uniform rates for each given unit of service, to be paid by each participant from the participant’s individual budget; provided further, that the department may approve additional qualified financial management providers upon a determination by the department that providing additional service options will not materially increase participants’ costs or have a material adverse effect on the department’s oversight of individual budgets; provided further, that the department may reduce the number of qualified financial management service providers in order to control costs or enhance oversight of individual budgets; and provided further, that the department may opt to not require a participant to use a designated financial management service if the participant is using the agency with choice model under section 1915(c) of the Social Security Act, codified at 42 U.S.C. 1396n et seq.;

(x)  monitor the expenditure of funds from individual budgets;

(xi)  make efforts to ensure that participants are reasonably representative of the diversity of individuals eligible for services from the department;

(xii)  facilitate individual and family understanding of self-determination and related issues of budgeting, planning, service and provider selection and staff and employee management;

(xiii)  provide information on the department’s website about all service options including, but not limited to, self-determination and options for residential placements;  provided, however, that the website shall inform individuals, at minimum, that with self-determination: (A) the participant has control over the annual budget; (B) the participant is central to and directs the decision-making process and determines what supports are utilized; and (C) the service system is flexible so the participant may tailor the participant’s supports to meet the participant’s needs; and provided further, that the website shall provide other information as determined by the department in consultation with the statewide self-determination advisory board;

(xiv)  provide the information described in subclauses (A) to (C), inclusive, of clause (xiii) to individuals upon:                             (A) notification to an individual of priority for services; (B) commencement of the development of an individual support plan; (C) commencement of the renewal of an individual support plan; (D) annual notification to persons who have declined an individual support plan of their option to participate in the individual support plan; and (E) the person’s entry into the department's turning 22 program;

(xv)  provide information on providers of self-determination supports, services or goods through its website or another means as determined by the department; 

(xvi)  hold meetings, briefings and orientations, as necessary, with providers, organizations and businesses to offer introductory and ongoing information on self-determination and discuss ways the department can work with parties to establish and improve services, supports or goods that facilitate self-determination;

(xvii)  ensure that the participant and the participant’s chosen planning team comprehend and commit to appropriate means of identifying, monitoring, preventing and reporting to the disabled persons protection commission suspected instances of abuse or neglect of participants, including financial abuse;

(xviii)  provide, in consultation with the advisory board established in subsection (c), an annual report to the chairs of the house and senate committees on ways and means and to the house and senate chairs of the joint committee on children, families and persons with disabilities, not later than September 1; provided, however, that the report shall: (A) set forth any modifications or improvements made by the department to the administration of self-determination; (B) specify any recommended legislation; (C) provide an assessment of the performance of providers, vendors and persons who have received funds for the provision of services, supports and goods under this section; (D) specify the number of participants utilizing self-determination during the previous fiscal year; (E) specify the number of participants per region in the commonwealth; (F) specify types and amounts of services, supports or goods purchased under self-determination in a manner that facilitates analyses and year-to-year comparisons; (G) provide ranges and averages for expenditures from all individual budgets, inclusive of any adjustments to individual budgets made pursuant to subsection (i); and (H) specify the number of participants who withdrew voluntarily from the option; and

(xix)  provide, except as is necessary to comply with privacy laws, any information requested by the attorney general, state auditor, inspector general, senate or house committees on post audit and oversight, disabled persons protection commission or any other department, agency or law enforcement body investigating suspected neglect or physical, emotional or financial abuse.  The superior court shall have jurisdiction over disputed requests for information.

(f)  Participation in self-determination shall be available to any individual who receives services from the department and who agrees to the following terms and conditions:

(i)  the participant and participant’s chosen planning team shall be responsible for implementation of the person-centered plan and the individual support plan, including the hiring or purchasing of necessary services, supports or goods;

(ii)  the participant shall utilize the services of a financial management service unless an exception applies; and

(iii)  the participant, the participant’s chosen planning team and the participant’s individual support plan team members shall attend an orientation prior to enrollment, the subject matter of which shall include, but not be limited to: (A) the concept and practice of self-determination; (B) related issues of budgeting, planning, services and provider selection; and (C) staff and employee management and the respective roles of independent facilitators, financial management services and the department; provided, however, that no person shall be required to attend more than 1 orientation per year if working with multiple participants.

(g)  Participation in self-determination shall be voluntary.  An individual may choose to take part in or seek other department services at any time; provided, however, that the individual budget shall follow a participant who seeks other department services.  The department shall not require or prohibit participation in self-determination as a condition of eligibility for or delivery of services, supports or goods otherwise available. 

(h)  If a participant voluntarily terminates self-determination or ceases participation in self-determination due to a medical event or other change in condition, the department shall provide for the participant’s transition to other eligible services or supports. The transition shall include the development of a new individual support plan which reflects the services, supports and goods necessary to meet the individual’s needs and objectives. The department shall ensure that there is no gap in services, supports or goods during the transition period.

(i)  The department, in consultation with the participant and the participant’s chosen planning team, shall determine the initial and any revised individual budget for the participant. 

The amount of the individual budget shall be available to the participant each year for the purchase of self-determination services, supports or goods. An individual budget may be recalculated by the department based on the needs of the participant. An individual budget shall not be increased to cover the cost of an independent facilitator except as provided by the department by regulation. 

Employees of entities providing services, supports and goods to participants shall be eligible for a proportional amount of any additional appropriation designated for the increase in salary for workers employed by the department or its providers.

Funds not spent by the annual individual budget shall revert back to the department. The department shall consider adjusting a participant’s individual budget when a participant does not utilize all funds in the participant’s individual budget within the designated year.

(j)  The self-determination option established under this section shall be contingent upon federal financial participation. The department shall seek reimbursement through federal Medicaid funding, the Home and Community-Based Waiver or other federal reimbursement mechanisms of the department.

In adopting or modifying regulations, the department shall seek to maximize federal financial participation in or funding or reimbursement for self-determination.

(k)  The provider of financial management services shall provide the participant and the department with a monthly individual budget statement in a format specified by the department through regulation.

(l)  The department, in consultation with the advisory board established in subsection (c), shall determine which persons shall be subject to criminal background checks as a condition of providing services, supports or goods to participants and shall promulgate or amend its regulations as necessary to require and implement criminal background checks; provided, however, that participants shall not be required to pay the cost of a criminal background check required under this subsection.

(m) (1)  Any member of a participant’s chosen planning team, any member of the advisory board established in subsection (c), any mandated reporter of the disabled persons protection commission, as defined in section 1 of chapter 19C, and any other person involved in the preparation or implementation of the self-determination plan who suspects financial abuse including, but not limited, to mismanagement, misappropriation or waste of a participant’s self-determination funds or individual budget shall immediately report such suspicious actions or inactions to the disabled persons protection commission.  The disabled persons protection commission shall evaluate and forward the report to the appropriate law enforcement or state agency and shall forward all reports of suspected financial abuse to the state auditor.  The disabled persons protection commission shall provide an annual itemization to the house and senate chairs of the joint committee on children, families and persons with disabilities detailing the number, types and geographic locations of specific reports and the agencies to which the complaint was referred. 

(n)  The department shall adopt and may modify regulations to implement this section.

(o)  The state auditor, pursuant to section 12 of chapter 11, shall audit the self-determination option as the state auditor determines necessary and shall make recommendations to the department, the senate and house committees on ways and means and the joint committee on children, families and persons with disabilities about changes in laws or regulations that may improve the efficiency of the self-determination option, decrease costs, improve services or prevent waste, fraud or abuse.

(p)  The attorney general or the department may independently investigate any allegations of mistreatment, waste, abuse, fraud or breach of any explicit or implied duties under this section. The attorney general or the department, on behalf of a participant, may seek to recover any monies lost because of mistreatment, waste, abuse, fraud or breach of any explicit or implied duties under this section in the superior court.

SECTION 51.  Section 54 of chapter 21 of the General Laws, as so appearing, is hereby amended by striking out, in line 35, the words “department of highways” and inserting in place thereof the following words:-  division of highways.

SECTION 52.  Section 11C of chapter 21A of the General Laws, as so appearing, is hereby amended by striking out, in lines 59 and 60, the words “department of highways” and inserting in place thereof the following words:-  division of highways.

SECTION 53.  Section 18A of said chapter 21A, as so appearing, is hereby amended by striking out, in lines 50, 69, 72, 76 and 77, and in line 79, the words “telecommunications and energy” and inserting in place thereof, in each instance, the following words:-  public utilities.

SECTION 54.  Section 7 of chapter 21C of the General Laws, as so appearing, is hereby amended by striking out, in line 57, and in lines 67 and 68, the words “telecommunications and energy” and inserting in place thereof, in each instance, the following words:-  public utilities.

SECTION 55.  Section 8 of said chapter 21C, as so appearing, is hereby amended by striking out, in line 12, the words “telecommunications and energy” and inserting in place thereof the following words:-  public utilities.

SECTION 56.  Section 5 of chapter 21E of the General Laws, as so appearing, is hereby amended by striking out, in lines 240 and 241, the words “telecommunications and energy” and inserting in place thereof the following words:-  public utilities.

SECTION 57.  Section 19 of chapter 21G of the General Laws, as so appearing, is hereby amended by striking out, in lines 2, 4 and 5, and in line 11, the words “telecommunications and energy” and inserting in place thereof, in each instance, the following words:-  public utilities.

SECTION 58.  Section 2 of chapter 21H of the General Laws is hereby amended by striking out, in line 67, as so appearing, the word “retarded” and inserting in place thereof the following words:-  intellectually disabled.

SECTION 59.  Section 21 of chapter 22 of the General Laws, inserted by section 8 of chapter 93 of the acts of 2011, is hereby repealed.

SECTION 60.  Said chapter 22 is hereby further amended by adding the following section:-

Section 23.  There shall be a special commission to investigate and study improving information and resource sharing among the office of probation, the department of criminal justice information services, the parole board, the department of correction and the offices of the sheriffs. The commission shall consist of the secretary of public safety and security or the secretary’s designee, who shall serve as chair; the commissioner of probation or the commissioner’s designee; commissioner of criminal justice information services or the commissioner’s designee; the chair of the parole board or the chair’s designee; the commissioner of correction or the commissioner’s designee; the commissioner of youth services or the commissioner’s designee; and the president of the Massachusetts Sheriffs Association or the president’s designee.

The investigation shall include, but not be limited to:

(a) identifying and eliminating redundant and duplicative practices, while promoting public safety and cost-effectiveness;

(b) developing a common risk and needs assessment tool for supervised individuals, to be used by the office of probation, the office of community corrections, the parole board, the department of correction and the sheriffs;

(c) developing policies and protocols for individuals who have been sentenced to supervision under more than 1 the agency or department concurrently to ensure that supervision is meted out in an orderly and effective manner for those individuals;

(d) establishing procedures for the sharing of information on supervised individuals, including procedures for addressing any privacy issues raised by the sharing of information between agencies; provided, however, that if the commission discovers legal impediments to sharing information between the organizations, it shall draft and report legislative recommendations to address such impediments;

(e) investigating the creation of a common office of performance management to track the effectiveness and outcomes of programs used by the office of probation, the office of community corrections, the parole board, the department of correction and the sheriffs’ offices; and

(f) investigating the effectiveness of the office of community corrections, potential improvements to its function and organization, including the feasibility and advisability of relocating it to the executive office of public safety and security.

The commission shall annually report on its activities and its findings and recommendations to the house and senate chairs of the joint committee on the judiciary, the house and senate chairs of the joint committee on public safety and homeland security and the chairs of the senate and house committees on ways and means not later than December 31.

SECTION 61.  Section 66 of said chapter 22C of the General Laws, as appearing in the 2012 Official Edition, is hereby amended by striking out the first sentence and inserting in place thereof the following sentence:-  The colonel may, at the request of the director of career services, appoint employees of the department of career services as special police officers.

SECTION 62.  Section 3C of chapter 23A of the General Laws, as so appearing, is hereby amended by striking out, in lines 36 and 37, and in line 47, the words “commerce and labor” and inserting in place thereof, in each instance, the following words:-  labor and workforce development.

SECTION 63.  Section 58 of said chapter 23A, as so appearing, is hereby amended by striking out, in line 24, the words “commerce and labor” and inserting in place thereof the following words:-  labor and workforce development.

SECTION 64.  Section 61 of said chapter 23A, as so appearing, is hereby amended by striking out, in line 26, the words “commerce and labor” and inserting in place thereof the following words:-  labor and workforce development.

SECTION 65. Section 3 of chapter 23E of the General Laws, as so appearing, is hereby amended by striking out, in line 54, the word “and”.

SECTION 66.  Section 17 of said chapter 23E, as so appearing, is hereby amended by striking out, in line 13, the words “commerce and labor” and inserting in place thereof the following words:-  labor and workforce development.

SECTION 67.  Section 3 of chapter 23G of the General Laws is hereby amended by striking out, in line 107, as so appearing, the words “telecommunications and energy” and inserting in place thereof the following words:-  public utilities.

SECTION 68.  Section 1 of chapter 23H of the General Laws, as so appearing, is hereby amended by striking out, in line 13, the word “division” and inserting in place thereof the following word:-  department.

SECTION 69.  Chapter 25A of the General Laws is hereby amended by striking out the title, as so appearing, and inserting in place thereof the following title:-

DEPARTMENT OF ENERGY RESOURCES.

SECTION 70.  Section 11G of said chapter 25A, as so appearing, is hereby amended by striking out, in line 13, the words “telecommunications and energy” and inserting in place thereof the following words:-  public utilities.

SECTION 71. Section 2PPP of chapter 29 of the General Laws, as so appearing, is hereby amended by striking out, in lines 15 and 16, the words “clause (6) of subsection (b) of section 35 of chapter 118G” and inserting in place thereof the following words:- section 65 of chapter 118E.              

SECTION 72. Section 2RRR of said chapter 29, as so appearing, is hereby amended by striking out the second sentence and inserting in place thereof the following sentence:-  There shall be credited to the fund: (i) any federal financial participation received by the commonwealth as a result of expenditures funded by such assessments; and (ii) any interest thereon.

SECTION 73.  Said section 2RRR of said chapter 29, as so appearing, is hereby further amended by striking out, in lines 16 and 17, the word “an” and inserting in place thereof, in each instance, the following words:- a.

SECTION 74. Section 2WWW of said chapter 29, as so appearing, is hereby amended by striking out subsection (d) and inserting in place thereof the following subsection:-

(d) There shall be credited to the fund any revenue from appropriations or other monies authorized by the general court and specifically designated to be credited to the fund, including funds transferred from the Gaming Economic Development Fund established in section 2DDDD, and any gifts, grants, private contributions, investment income earned on the fund's assets and all other sources. Money remaining in the fund at the end of a fiscal year shall not revert to the General Fund.

SECTION 75. Said section 2WWW of said chapter 29, as so appearing, is hereby further amended by inserting after subsection (h) the following subsection:-

(h½) A portion of the grant fund shall be used to address the gap between the skills held by workers and the skills needed by employers for jobs that require more than a high school diploma but less than a 4-year degree. Grants awarded under this program shall focus on building relationships and partnerships among geographic clusters of high schools, vocational-technical schools, community colleges, state universities, institutions of higher education, local employers, industry partners, local workforce investment boards, labor organizations to support the creation of training opportunities for civilians or for veterans who have recently separated from the military, and workforce development entities, in order to create multiple and seamless pathways to employment through enhanced coordination of existing institutions and resources. Each cluster shall designate 1 entity or organization as the lead partner for each cluster and approved procurements shall be jointly applied for by, at a minimum, a public educational institution including a community college, at least 1 regional workforce investment board, and at least 1 regional employer in a high growth sector. Grants made under this program shall include consideration of, but not be limited to: defining and establishing the process for students to transition from adult basic education programs to college-based programs; programs accessible to working, unemployed or underemployed adults; programs that focus on the recruitment, training and employment of older workers; programs to prepare low income or underemployed adults for employment in emerging industries; support of education and workforce development initiatives that collaborate with the efforts or initiatives of public educational institutions, including development of stackable certificates and credentials, non-semester-based modular programs and accelerated associate degree programs, provided, however, that the grants issued from this fund shall serve to supplement, and not supplant, ongoing initiatives at community colleges; providing sector-based training including developmental education and certification programs; providing student support services; using competency-based placement assessments; leveraging regional resources, including shared equipment and funding; partnering with 2 or more training organizations in a region; implementing effective short-term, high-intensity training programs; and partnering with 2 or more employers in a region. This portion of the grant fund may also be used to develop regional centers of excellence, which shall be aligned to the commonwealth’s economic development strategies to meet the needs of employers in high growth sectors including, but not limited to, health care, life sciences, information technology and advanced manufacturing. Each center of excellence shall be located at a community college, state university, vocational or technical high school or collaboration between these entities.

A project grant program shall be designed by Commonwealth Corporation, in consultation with a middle skills subcommittee of the advisory committee, which shall include, at a minimum, a representative from the business community to be appointed by the secretary of labor and workforce development; the director of the Center for Labor Market Studies at Northeastern University or a designee; a representative of adult basic education or nontraditional college students in the commonwealth to be appointed by the secretary of education; the Massachusetts Workforce Board Association; the Massachusetts Workforce Professionals Association; a representative from a nonprofit trade association with a state-approved apprenticeship program; and the Massachusetts AFL-CIO, as well as any representatives of the other mandatory advisory committee constituencies under subsection (b).

SECTION 76. Said section 2WWW of said chapter 29, as so appearing, is hereby further amended by striking out subsection (k) and inserting in place thereof the following 2 subsections:- 

(k) The director of workforce development and the advisory committee established under subsection (b) shall examine and make an ongoing assessment of the effectiveness of the grant fund, considering any similar educational or workforce development grant programs funded by the commonwealth. The director and committee shall encourage coordination of existing workforce development initiatives and strategies of employers and employer associations, local workforce investment boards, labor organizations, community-based organizations, including adult basic education providers, institutions of higher education, vocational education institutions, one-stop career centers, local workforce development entities, and nonprofit education, training or other service providers, and, when applicable, shall inform grant applicants of the availability and eligibility for other workforce training funds. The establishment of the Workforce Competitiveness Trust Fund shall not replace, displace or serve as a substitute for any other workforce training fund, including community college workforce development programs or the Workforce Training Trust Fund established in section 2RR, and an award of any grant funds from the Workforce Competitiveness Trust Fund shall not make an applicant ineligible for any other funds.

(l) Each grant recipient shall submit an annual report for the duration of the program or partnership funded through a grant to the committee for its review. Before grants are awarded, the Commonwealth Corporation shall reach agreement with each eligible entity that receives a grant on performance measures and indicators that will be used to evaluate the performance of the eligible entity in carrying out the activities described in their application.

SECTION 77. Said chapter 29 is hereby further amended striking out section 2FFFF, as so appearing, and inserting in place thereof the following 2 sections:-

Section 2FFFF. (a) There is hereby established and set up on the books of the commonwealth a separate fund to be known as the Health Care Workforce Transformation Fund. The fund shall be administered by the secretary of labor and workforce development in consultation with the health care workforce advisory board established in subsection (b).  The secretary shall make expenditures from the fund, without further appropriation; provided, however, that not more than 10 per cent of the amount held in the fund in any 1 year shall be used by the secretary for the combined cost of program administration, technical assistance to grantees and program evaluation. The secretary may contract with any appropriate entity to administer the fund or any portion therein.

(b) There shall be a health care workforce advisory board to make recommendations to the secretary concerning the administration and allocation of the fund and establishing evaluation criteria.

The board shall consist of the secretary of labor and workforce development who shall serve as chairperson, the executive director of the commission or a designee, the commissioner of public health or a designee and not more than 13 members who shall be appointed by the secretary and who shall reflect a broad distribution of diverse perspectives on the health care system and health care workforce needs, including health care providers, health care payers, health care employers, labor organizations, educational institutions and consumer representatives.

(c) The comptroller shall annually transfer not less than 20 per cent of available funds in the fund to the department of public health, without requiring the approval of the secretary of labor and workforce development, to be expended on the following programs:

(1) the health care workforce loan repayment program established in section 25N of chapter 111, as administered by the health care workforce center;

(2) the primary care residency grant program established in section 25N ½ of chapter 111; and

(3) a primary care workforce development and loan forgiveness grant program at community health centers established under section 25N ¾ of chapter 111.

The secretary may also designate up to 10 per cent of available funds to be transferred by the comptroller to the Massachusetts Nursing and Allied Health Workforce Development Trust Fund established in section 33 of chapter 305 of the acts of 2008 to develop and support strategies that increase the number of public higher education faculty members and students who participate in programs that support careers in fields related to nursing and allied health. The secretary shall only designate funds for this purpose to the extent that the Massachusetts Nursing and Allied Health Workforce Development Trust Fund does not receive adequate funding in the general appropriation act.

(d) Any monies remaining in the fund shall be expended on programs that have at least 1 of the following purposes, with a focus on aligning expenditures with industry needs:

(1) supporting the development and implementation of programs to enhance health care worker retention rates;

(2) addressing critical health care workforce shortages;

(3) improving employment in the health care industry for low-income individuals and low-wage workers;

(4) providing training, educational or career ladder services for currently employed or unemployed health care workers who are seeking new positions or responsibilities within the health care industry;

(5) providing training or educational services for health care workers in emerging fields of care delivery models; or

(6) funding rural health rotation programs, rural health clerkships and rural health preceptorships at medical and nursing schools to expose students to practicing in rural and small town communities.

(e) The secretary shall establish a competitive grant process for funds expended on programs under subsection (d). Eligible applicants shall include: employers and employer associations; local workforce investment boards; labor organizations; joint labor-management partnerships; community-based organizations; institutions of higher education; vocational education institutions; one-stop career centers; local workforce development entities; and any partnership or collaboration between eligible applicants. Expenditures from the fund for such purposes shall complement and not replace existing local, state, private or federal funding for training and educational programs. All approved activities funded through the fund shall support the commonwealth’s efforts to meet the health care cost growth benchmark established in section 9 of chapter 6D.

(f) A grant proposal submitted under subsection (e) shall include, but not be limited to:

(1) a plan that defines specific goals for health care workforce training and educational improvements;

(2) the evidence-based programs the applicant shall use to meet the goals;

(3) a budget necessary to implement the plan, including a detailed description of any funding or in-kind contributions that an applicant will be providing in support of the proposal;

(4) any other private funding or private sector participation the applicant anticipates in support of the proposal; and

(5) the anticipated number of individuals who would receive a benefit due to the implementation of the plan.

Priority may be given to proposals that target areas of critical labor needs for the health care industry or that are projected to be critical labor needs of the health care industry in the near future, consistent with the state health plan developed under section 16T of chapter 6A. Priority may also be given to proposals that target geographic areas with specific health care workforce needs or that target geographic areas with unemployment levels higher than the state average. If no proposals were offered in areas of particular need, the secretary may provide technical assistance and planning grant funding directly to eligible applicants in order to develop grant proposals.

The secretary shall, in consultation with the health care workforce advisory board, develop guidelines for an annual review of the progress being made by each grantee. Each grantee shall participate in any evaluation or accountability process implemented by or authorized by the secretary.

(g) There shall be credited to the fund all monies payable pursuant to: (i) funds that are paid to the health care workforce loan repayment program established in section 25N of chapter 111 as a result of a breach of contract and private funds contributed from other sources; and (ii) any revenue from appropriations or other monies authorized by the general court and specifically designated to be credited to the fund and any gifts, grants, private contributions, investment income earned on the fund's assets and all other sources. Money remaining in the fund at the end of a fiscal year shall not revert to the General Fund and shall be available for expenditure in the following fiscal year.

(h) The fund shall supplement and not replace existing publically-financed health care workforce development programs.

(i) The secretary shall annually report on its strategy for administration and allocation of the fund, including relevant evaluation criteria, and short-term and long-term programmatic and policy recommendations to improve workforce performance, and on expenditures from fund. The report shall include, but not be limited to: (i) the revenue credited to the fund; (ii) the amount of fund expenditures attributable to administrative costs; (iii) an itemized list of the funds expended through the competitive grant process, loan repayment program, and primary care residency program, and a description of the grantee activities; and (iv) the results of the evaluation of the effectiveness of the activities funded through grants. The report shall be provided to the secretary of administration and finance, the chairpersons of the house and senate committees on ways and means, the joint committee on public health, the joint committee on health care financing and the joint committee on labor and workforce development and shall be posted on the executive office of labor and workforce development’s website.

(j) The secretary shall promulgate regulations necessary to carry out this section.

Section 2GGGG. (a) There shall be established and set upon the books of the commonwealth a separate fund to be known as the Distressed Hospital Trust Fund to be expended, without further appropriation, by the health policy commission. The fund shall consist of public and private sources, such as gifts, grants and donations, interest earned on such revenues and any funds provided from other sources.

The board of the health policy commission, as trustee, shall administer the fund and shall make expenditures from the fund consistent with this section; provided, however, that not more than 10 per cent of the amounts held in the fund in any 1 year shall be used by the commission for the combined cost of program administration, technical assistance to grantees or program evaluation.

(b) Revenues deposited in the fund that are unexpended at the end of the fiscal year shall not revert to the General Fund and shall be available for expenditure in the following fiscal year.

(c) All expenditures from the fund shall support the commonwealth’s efforts to meet the health care cost growth benchmark established in section 9 of chapter 6D and shall be consistent with any activities funded by the e-Health Institute, the Healthcare Payment Reform Fund and any delivery system transformation initiative funds authorized by the federal government. All expenditures shall have at least 1 of the following purposes: (i) to improve and enhance the ability of community hospitals to serve populations efficiently and effectively; (ii) to advance the adoption of health information technology, including interoperable electronic health records systems; (iii) to accelerate the ability to electronically exchange information with other providers in the community to ensure continuity of care; (iv) to support infrastructure investments necessary for the transition to alternative payment methodologies, including technology investments in data analysis functions and performance management programs and systems to promote provider price transparency, necessary to aggregate and analyze clinical data on a population level; (v) to aid in the development of care practices and other operational standards necessary for certification as an ACO under section 15 of chapter 6D; and (vi) to improve the affordability and quality of care.

(d) The commission shall annually award a grant by a competitive grant process to qualified acute hospitals. To be eligible to receive a grant under this subsection, a qualified acute hospital shall not include: (i) a hospital that is a teaching hospital; (ii) a hospital whose relative prices are above the statewide median relative price, as determined by the center for health information analysis; or (iii) a for-profit hospital or a hospital that is part of a for-profit hospital system.

(e) A grant proposal submitted under subsection (d) shall include, but not be limited to: (i) a plan that defines specific goals for improving the efficiency and affordability of hospital care over a multi-year period; (ii) the evidence-based programs the applicant shall use to meet the goals; (iii) a budget necessary to implement the plan, including a detailed description of any funding or in-kind contributions an applicant will be providing in support of the proposal; (iv) a plan for sustaining any investments after the expiration of grant funds; and (v) any other private funding or private sector participation the applicant anticipates in support of the proposal.

In reviewing the grant applications, the commission shall consider, among other factors: (i) the financial health of the qualified acute hospital and the demonstrated need for investment, taking into account all resources available to the particular provider including the relationship or affiliation of the particular provider to a health care delivery system and the capacity of the system to provide financial support for the acute hospital; (ii) the anticipated return on investment, as measured by improved health care coordination and a reduction in health care costs; (iii) whether the investment will support innovative health care delivery and payment models as identified by the health care policy commission; and (iv) geographic need and population need. In assessing financial health, the commission shall, in consultation with the center for health information and analysis, take into account days cash on hand, net working capital and earnings before income tax, payer mix, uncompensated care, and depreciation and amortization, and access to working capital. If the commission determines that no suitable proposals have been received, such that the specific needs remain unmet, the commission may work directly with qualified acute hospitals to develop grant proposals.

(f) All approved grants shall contain a limit on the amount an acute hospital may spend on administrative or overhead spending related to the approved project, as determined by the commission.

(g) Funding for all approved interoperable health information technology projects for qualified acute hospitals shall be prioritized from any available funds in the fund before any funds from the e-Health Institute Trust Fund may be utilized.

(h) As a condition of an award, the commission may require a qualified hospital to agree to an independent financial and operational audit to recommend steps to increase sustainability and efficiency of the acute hospital.

(i) The commission shall develop guidelines for an annual review of the progress being made by each grantee. Each grantee shall participate in any evaluation or accountability process implemented or authorized by the commission. In the event that any recipient of grant monies from this trust does not utilize funding in a manner consistent with the approved grant application, the recipient shall be required to repay to the commission all or a portion thereof, as determined by the commission, of the grant funds previously provided to the recipient under this section.

(j) The commission shall, annually on or before January 31, report on expenditures from the fund. The report shall include, but not be limited to: (i) the revenue credited to the fund; (ii) the amount of fund expenditures attributable to the administrative costs of the commission; (iii) an itemized list of the funds expended through the competitive grant process and a description of the grantee activities; and (iv) the results of the evaluation of the effectiveness of the activities funded through grants. The report shall be provided to the chairpersons of the house and senate committees on ways and means and the joint committee on health care financing and shall be posted on the commission’s website.

(k) The commission shall promulgate regulations necessary to carry out this section.

SECTION 78. Said chapter 29 is hereby further amended by inserting after section 7H the following section:-

Section 7H ½. (a) As used in this section, the following words shall have the following meanings unless the context clearly requires otherwise:

“Actual economic growth benchmark”, the actual annual percentage change in the per capita state’s gross state product as established by the secretary of administration and finance under subsection (c).

“Growth rate of potential gross state product”, the long-run average growth rate of the commonwealth’s economy, excluding fluctuations due to the business cycle.

(b) On or before January 15, the secretary of administration and finance shall meet with the house and senate committees on ways and means and shall jointly develop a growth rate of potential gross state product for the ensuing calendar year which shall be agreed to by the secretary and the committees. In developing a growth rate of potential gross state product the secretary and the committees, or subcommittees of the committees, may hold joint hearings on the economy of the commonwealth; provided, however, that in the first year of the term of office of a governor who has not served in the preceding year, the parties shall agree to the growth rate of potential gross state product not later than January 31 of that year. The secretary and the committees may agree to incorporate this hearing into any consensus tax revenue forecast hearing held under section 5B. The growth rate of potential gross state product shall be included with the consensus tax revenue forecast joint resolution under said section 5B and placed before the members of the general court for their consideration. The joint resolution, if passed by both branches of the general court, shall establish the growth rate of potential gross state product to be used by the health policy commission to establish the health care cost growth benchmark under section 9 of chapter 6D.

(c) Not later than September 15 of each year, the secretary shall report the actual economic growth benchmark for the previous calendar year, based on the best information available at the time. The information shall be provided to the health policy commission established under chapter 6D.

SECTION 79.  Section 39B of chapter 30 of the General Laws, as appearing in the 2012 Official Edition, is hereby amended by striking out, in lines 9, 13 and 14, 18 and 33, the words “telecommunications and energy” and inserting in place thereof, in each instance, the following words:-  public utilities.

SECTION 80.  Section 39C of said chapter 30, as so appearing, is hereby amended by striking out, in line 5, the words “telecommunications and energy” and inserting in place thereof the following words:-  public utilities.

SECTION 81.  Section 39E of said chapter 30, as so appearing, is hereby amended by striking out, in line 8, the words “telecommunications and energy” and inserting in place thereof the following words:-  public utilities.

SECTION 82.  Section 39M of said chapter 30, as so appearing, is hereby amended by striking out, in line 88 and 89, the words “state department of highways at prices established by the said department” and inserting in place thereof the following words:-  division of highways at prices established by the division.

SECTION 83.  Section 1 of chapter 30B of the General Laws is hereby amended by striking out, in lines 9 and 10, as so appearing, the words “the provisions of sections thirty-eight A1/2 to thirty-eight O, inclusive, of chapter seven” and inserting in place thereof the following words:-  44 to 57, inclusive, of chapter 7C.

SECTION 84.  Said section 1 of said chapter 30B is hereby further amended by striking out, in lines 16 and 17, as so appearing, the words “state department of highways, and at prices established by the department” and inserting in place thereof the following words:-  division of highways, and at prices established by the division.

SECTION 85.  Said section 1 of said chapter 30B is hereby further amended by striking out, in line 104, as so appearing, the word “subclause (r)”and inserting in place thereof the following words:-  subclause (s) of clause Twenty-sixth.

SECTION 86.  Said chapter 30B is hereby further amended by striking out section 23, as so appearing, and inserting in place thereof the following section:-

Section 23.  (a) Notwithstanding any general or special law to the contrary and to the extent permitted by federal law, a governmental body may, by a majority vote, establish a preference for the procurement of products or services by businesses, as defined in section 3A of chapter 23A, with their principal place of business in the commonwealth.

(b) If a governmental body establishes a preference under subsection (a), the procurement officer responsible for procuring products and services on behalf of the governmental body shall effectuate such preference for the procurement in: (i) advertising for bids, contracts or otherwise and making reasonable efforts to facilitate the purchase of such products or services; and (ii) purchasing products or services by businesses, as defined in said section 3A of said chapter 23A, with their principal place of business in the commonwealth, unless the price of such goods or services exceed, by more than 10 per cent, the price of such goods or services produced by businesses with their principal place of business outside of the commonwealth.

SECTION 87.  Section 47 of chapter 31 of the General Laws, as so appearing, is hereby amended by striking out, in line 31, the words “mentally retarded” and inserting in place thereof the following words:-  intellectually disabled.

SECTION 88.  Section 48 of said chapter 31, as so appearing, is hereby amended by striking out, in line 10, the words “telecommunications and energy” and inserting in place thereof the following words:-  public utilities.

SECTION 89.  Said section 48 of said chapter 31, as so appearing, is hereby further amended by striking out, in lines 12 and 13, the words “division of employment and training” and inserting in place thereof the following words:-  department of career services.

SECTION 90. Section 3 of chapter 32 of the General Laws is hereby amended by striking out, in lines 286 and 287, as so appearing, the words “Massachusetts military reservation” and inserting in place thereof the following words:-  Joint Base Cape Cod.

SECTION 91.  Section 4 of said chapter 32 , as so appearing, is hereby amended by striking out, in lines 256 and 257, and in lines 267 and 268, the words “division of employment and training” and inserting in place thereof, in each instance, the following words:-  department of career services.

SECTION 92.  Section 23 of said chapter 32, as so appearing, is hereby amended by striking out, in line 54,  the word “(c) No” and inserting in place thereof the following word:-  (b ½) No.

SECTION 93.  Said section 23 of said chapter 32, as so appearing, is hereby further amended by striking out the word “(d) Prior” and inserting in place thereof the following word:-  (b 2/3)  Prior.

SECTION 94.  Section 89A of said chapter 32, as so appearing, is hereby amended by striking out, in lines 98 and 99 and in lines 107 and 108, the words “department of highways or public health,” and inserting in place thereof, in each instance, the following words:-  division of highways, the department of public health.

SECTION 95. Section 94A of said chapter 32 is hereby amended by striking out, in lines 8 and 9, as so appearing, the words “Massachusetts military reservation” and inserting in place thereof the following words:-  Joint Base Cape Cod.

SECTION 96. Section 94B of said chapter 32 is hereby amended by striking out, in lines 10 and 11, as so appearing, the words “Massachusetts military reservation” in inserting in place thereof the following words:-  Joint Base Cape Cod.

SECTION 97. Section 100 of said chapter 32 is hereby amended by striking out, in line 89, as so appearing, the words “Massachusetts military reservation” and inserting in place thereof the following words:-  Joint Base Cape Cod.

SECTION 98. Section 100A of said chapter 32 is hereby amended by striking out, in lines 36 and 37, as so appearing, the words “Massachusetts military reservation” and inserting in place thereof the following words:-  Joint Base Cape Cod.

SECTION 99.  Section 6 of chapter 34B of the General Laws, as so appearing, is hereby amended by striking out, in line 70, the words “department of highways” and inserting in place thereof the following words:-  division of highways.

SECTION 100.  Section 26 of chapter 35 of the General Laws, as so appearing, is hereby amended by striking out, in line 16, the words “department of highways” and inserting in place thereof the following words:-  division of highways.

SECTION 101.  Said section 26 of said chapter 35, as so appearing, is hereby further amended by striking out, in line 17, the word “department” and inserting in place thereof the following word:-  division.

SECTION 102.  Section 3 of chapter 38 of the General Laws is hereby amended by striking out, in line 21, as so appearing, the words “or mental retardation institution” and inserting in place thereof the following words:-  institution or any other institution for a person with an intellectual disability.

SECTION 103.  Section 8 of said chapter 38, as so appearing, is hereby amended by striking out, in line 9, the words “telecommunications and energy” and inserting in place thereof the following words:-  public utilities.

SECTION 104.  Section 9 of said chapter 38, as so appearing, is hereby amended by striking out, in lines 2 and 3, the words “telecommunications and energy” and inserting in place thereof the following words:-  public utilities.

SECTION 105.  Section 22B of chapter 40 of the General Laws, as so appearing, is hereby amended by striking out, in lines 23 and 24, the words “department of highways,” and inserting in place thereof the following words:-  division of highways.

SECTION 106.  Section 22D of said chapter 40,as so appearing, is hereby amended by striking out, in line 36, the words “telecommunications and energy” and inserting in place thereof the following words:-  public utilities.

SECTION 107.  Section 39C of said chapter 40, as so appearing,  is hereby amended by striking out, in line 21, the words “state department of highways” and inserting in place thereof the following words:-  division of highways.

SECTION 108.  Said section 39C of said chapter 40, as so appearing, is hereby further amended by striking out, in line 26, the words “telecommunications and energy” and inserting in place thereof the following words:-  public utilities.

SECTION 109.  Section 21 of chapter 40D of the General Laws, as so appearing, is hereby amended by striking out, in line 41, the words “department of highways” and inserting in place thereof the following words:-  division of highways.

SECTION 110.  Section 6D of chapter 40J of the General Laws, as amended by section  38 of chapter 287 of the acts of 2014, is hereby amended by striking out paragraphs (I) to (K), inclusive,

SECTION 111.  Said section 6D of said chapter 40J, as so amended, is hereby further amended by adding the following 3 subsections:-

(g) The institute shall establish a pilot partnership with community colleges or vocational technology schools in the commonwealth to support health information technology curriculum development and workforce development. Funding for the program shall be from the Health Care Workforce Transformation Fund established in section 2FFFF of chapter 29.

(h) The institute shall encourage and promote the implementation by hospitals, clinics, and health care networks of evidence-based best practice clinical decision support tools for the ordering provider of advanced diagnostic imaging services by January 1, 2017. Advanced diagnostic imaging services shall include, but not limited to, computerized tomography, magnetic resonance imaging, magnetic resonance angiography, positron emission tomography, nuclear medicine and such other imaging services. The institute shall develop clinical decision support guidelines and protocols that may be incorporated into the provider order entry systems of hospitals and the electronic health records, or EHR, of providers, to the maximum extent possible for certified EHR technology. The use of such decision support tools shall meet the privacy and security standards promulgated pursuant to the federal Health Insurance Portability and Accountability Act of 1996 ,Public Law 104-191.

In addition, the institute shall advance the dissemination of innovative technologies, including, but not limited to, those technologies that would allow diagnostic imaging exams to be seamlessly processed and transferred electronically through means that may include, but shall not be limited to, cloud-based technologies.

(i) The institute shall file an annual report, not later than January 30, with the joint committee on health care financing, the joint committee on economic development and emerging technologies and the house and senate committees on ways and means concerning the activities of the institute in general and, in particular, describing the progress to date in implementing interoperable provider electronic health records systems and recommending such further legislative action as it considers appropriate.

SECTION 112.  The last sentence of the first paragraph of section 111F of chapter 41 of the General Laws, as appearing in section 8 of chapter 313 of the acts of 2014, is hereby amended  by striking out the words “Massachusetts military reservation”, each time they appear, and inserting in place thereof, in each instance, the following words:-  Joint Base Cape Cod.

SECTION 113. Section 1 of chapter 50 of the General Laws, as appearing in the 2012 Official Edition is hereby amended by striking out, in lines 44 and 45, the words “42 USC 1973 gg to 1973 gg-10”, and inserting in place thereof the following words:-  52 U.S.C. 20501 to 20511.

SECTION 114. Section 42G of chapter 51 of the General Laws, as appearing in the 2012 Official Edition, is hereby amended by striking out, in line 2, the words “42 USC 1973 gg-5” and inserting in place thereof the following words:-  52 U.S.C. 20506.

SECTION 115. Section 38H of chapter 59 of the General Laws, as so appearing, is hereby amended by striking out, in line 2, and in lines 139 and 140, the words “telecommunications and energy” and inserting in place thereof, in each instance, the following words:-  public utilities.

SECTION 116.  Section 6M of chapter 62 of the General Laws, inserted by section 2 of chapter 193 of the acts of 2012, is hereby repealed.

SECTION 117.  Said chapter 62 is hereby further amended by inserting after section 6N the following section:-

Section 6O. A person filing an individual or joint return may voluntarily contribute all or part of any refund to which such person is entitled, or may voluntarily add an amount on to any amount due, to be credited to the Homeless Animal Prevention and Care Fund established in section 35WW of chapter 10.

A contribution under this section may be made with respect to any taxable year at the time of filing a return of the tax established by this chapter for such taxable year. The commissioner shall prescribe the manner in which the contribution shall be made on the face of the return required by section 5 of chapter 62C; provided, however, that the commissioner shall assure that taxpayers filing any such forms shall be made clearly aware of their ability to make the contributions provided for in this section.

The commissioner shall annually report the total amount designated under this section to the state treasurer who shall credit such amount to the Homeless Animal Prevention and Care Fund.

SECTION 118.  Section 21 of chapter 62C of the General Laws is hereby amended by striking out, in lines 56 and 57, and in lines 97 and 98, as appearing in the 2012 Official Edition, the words “deputy director of the division of employment and training” and inserting in place thereof, in each instance, the following words:-  director of career services.

SECTION 119.  Said section 21 of said chapter 62C is hereby further amended by striking out, in line 100, as so appearing, the words “division of employment and training” and inserting in place thereof the following words:-  department of career services.

SECTION 120.  Said section 21 of said chapter 62C is hereby further amended by striking out, in line 140, as so appearing, the word “division” and inserting in place thereof the following word:-  department.

SECTION 121.  Section 3 of chapter 62E of the General Laws, as so appearing, is hereby amended by striking out the last paragraph and inserting in place thereof the following paragraph:-

This chapter shall not apply to the utilization and dissemination of wage records by the department of unemployment assistance.

SECTION 122.  Section 12 of said chapter 62E is hereby amended by striking out, in line 14, and in line 19, the first time it appears, as so appearing, the word “division” and inserting in place thereof, in each instance, the following word:-  department.

SECTION 123.  Section 6 of chapter 64H of the General Laws is hereby amended by striking out, in lines 338 and 339, as so appearing, the words “(as defined by the department of telecommunications and energy)” and inserting in place thereof the following words:-  , as defined by the department of public utilities.

SECTION 124.  Chapter 68 of the General Laws is hereby amended by striking out section 28, as amended by section 19 of chapter 62 of the acts of 2014, and inserting in place thereof the following section:-

Section 28. (a) No charitable organization, professional fundraising counsel, commercial co-venturer or professional solicitor subject to sections 18 to 35, inclusive, shall use or exploit the fact of registration so as to lead the public to believe that such registration in any manner constitutes an endorsement or approval by the commonwealth.

(b) No person shall, in connection with the solicitation of contributions for or the sale of goods or services of a person other than a charitable organization, misrepresent to or mislead anyone by any manner, means, practice or device to believe that the person on whose behalf such solicitation or sale is being conducted is a charitable organization or that the proceeds of such solicitation or sale will be used for charitable purposes if such is not the fact.

(c) No person shall, in connection with the solicitation of contributions or the sale of goods or services for charitable purposes represent to or lead anyone by any manner, means, practice or device to believe that any other person sponsors or endorses such solicitation of contributions or sale of goods or services for charitable purposes or approves of such charitable purposes or a charitable organization connected therewith when such other person has not given consent to the use of such name for these purposes. A member of a board of directors or board of trustees of a charitable organization or any other person who has agreed to serve or participate in any voluntary capacity in the campaign shall be deemed thereby to have given consent to the use of such person’s name in connection with the progress of that campaign.

(d) No person shall make any representation that such person is soliciting contributions for or on behalf of a charitable organization and no person shall use or display any emblem, device or printed matter belonging to or associated with a charitable organization for the purpose of soliciting or inducing the contribution of funds from the public without first being authorized to do so by the charitable organization.

(e) No commercial co-venturer or professional solicitor shall solicit in the name of or on behalf of a charitable organization unless such person has in such person’s possession the written authorization of 2 officers of such organization, a copy of which shall be filed with the division, and exhibits such written authorization on request to any person solicited, to a police officer or to an agent of the division. Such authorization shall bear the signature of the solicitor and shall state on its face the period for which the authorization is valid and such period shall not exceed 1 year from the date of issuance.

(f) No person or organization shall claim to be a representative of a veterans’ charitable organization with the intent to solicit contributions that benefit or profit any person or organization other than the veterans’ charitable organization.

SECTION 125.  Subsection (a) of section 1J of chapter 69 of the General Laws, as appearing in the 2012 Official Edition, is hereby amended by inserting after the word “based”, in line 37, the following word:- on.

SECTION 126.  Said section 1J of said chapter 69, as so appearing, is hereby further amended by striking out, in line 113, the second time it appears, the word “and”. 

SECTION 127.  Said section 1J of said chapter 69, as so appearing, is hereby further amended by striking out, in line 133, the words “and graduation” and inserting in place thereof the following words:- , graduation.

SECTION 128. Said section 1J of said chapter 69, as so appearing, is hereby further amended by striking out, in lines 160, 161 and 162, the word “, or” and inserting in place thereof, in each instance, the following word:- or. 

SECTION 129.  Said section 1J of said chapter 69, as so appearing, is hereby further amended by striking out, in lines 170 and 171, the word “reapplications. (8)” and inserting in place thereof the following word:- reapplications; (8).

SECTION 130.  Said section 1J of said chapter 69, as so appearing, is hereby further amended by inserting after the word “issues”, in line 272, the following word:- to.

SECTION 131.  Said section 1J of chapter 69, as so appearing, is hereby further amended by inserting after the word “for”, in line 272, the following word:-  a.

SECTION 132.  Said section 1J of said chapter 69, as so appearing, is hereby further amended by striking out, in line 279, the word “who” and inserting in place thereof the following words:- of whom.

SECTION 133.  Said section 1J of said chapter 69, as so appearing, is hereby further amended by striking out, in line 297, the word “circumstance,” and inserting in place thereof the following word:- circumstance.

SECTION 134.  Said section 1J of said chapter 69, as so appearing, is hereby further amended by striking out, in lines 428 and 458, the words “,dismissal rates” and inserting in place thereof, in each instance, the following words:- and dismissal.

SECTION 135.  Said section 1J of said chapter 69, as so appearing, is hereby further amended by striking out, in line 459, the words “and graduation” and inserting in place thereof the following words:-  , graduation.

SECTION 136.  Said section 1J of said chapter 69, as so appearing, is hereby further amended by striking out, in lines 485 to 487, inclusive, the words “administrator ,or teacher in the school, in order to attract or retain highly-qualified administrators or teachers or to reward administrators,. or” and inserting in place thereof the following words:-  administrator or teacher in the school in order to attract or retain highly-qualified administrators or teachers or to reward administrators, or.

SECTION 137.  Said section 1J of said chapter 69, as so appearing, is hereby further amended by striking out, in line 514, the word “the” and inserting in place thereof the following word:- a.

SECTION 138.  Said section 1J of said chapter 69, as so appearing, is hereby further amended by striking out, in line 525, the figure “(7)” and inserting in place thereof the following figure:- (8).

SECTION 139.  Said section 1J of said chapter 69, as so appearing, is hereby further amended by striking out, in line 582, the word “, may” and inserting in place thereof the following word:- may.

SECTION 140.  Section 1K of said chapter 69, as so appearing, is hereby amended by striking out, in lines 42 and 114,  the word “an” and inserting in place thereof, in each instance, the following word:- a.

SECTION 141.  Said section 1K of said chapter 69, as so appearing, is hereby further amended by striking out, in line 74, the word “meetings” and inserting in place thereof the following word:- meeting.

SECTION 142.  Said section 1K of said chapter 69, as so appearing, is hereby further amended by striking out, in line 86, the word “commissioner,” and inserting in place thereof the following word:- commissioner.

SECTION 143.  Said section 1K of said chapter 69, as so appearing, is hereby further amended by striking out, in line 122, the words “promotion and graduation” and inserting in place thereof the following words:- promotion, graduation.

SECTION 144. Said section 1K of said chapter 69, as so appearing, is hereby further amended by striking out, in lines 146 and 148, the word “, or” and inserting in place thereof, in each instance, the following word:- or.

SECTION 145.  Said section 1K of said chapter 69, as so appearing, is hereby further amended by striking out, in line 163, the words “reapplications. turnaround plan” and inserting in place thereof the following:- reapplications.

SECTION 146.  Said section 1K of said chapter 69, as so appearing, is hereby further amended by striking out, in line 174, the word “the” and inserting in place thereof the following word:- a.

SECTION 147.  Said section 1K of said chapter 69, as so appearing, is hereby further amended by striking out, in line 217, the word “if” and inserting in place thereof the following word:- If.

SECTION 148.  Said section 1K of said chapter 69, as so appearing, is hereby further amended by inserting after the word “for”, in line 234, the following words:- a.

SECTION 149.  Said section 1K of said chapter 69, as so appearing, is hereby further amended by striking out, in line 242, the word “who” and inserting in place thereof the following words:-  of whom.

SECTION 150.  Said section 1K of said chapter 69, as so appearing, is hereby further amended by striking out, in line 263, the word “circumstance,” and inserting in place thereof the following word:-  circumstance.

SECTION 151.  Said section 1K of said chapter 69, as so appearing, is hereby further amended by striking out, in lines 268 and 277, the word “\(g)” and inserting in place thereof the following word:-  (h).

SECTION 152. Said section 1K of said chapter 69, as so appearing, is hereby further amended by inserting after the word “in”, in line 297, the following word:- a.

SECTION 153.  Said section 1K of said chapter 69, as so appearing, is hereby further amended by striking out, in line 328, the word “(h)” and inserting in place thereof the following word:- (i).

SECTION 154.  Section 59C of chapter 71 of the General Laws, as so appearing, is hereby amended by striking out, in line 42, the figure “71A” and inserting in place thereof the following figure:-  71B.

SECTION 155.  Section 89 of said chapter 71, as so appearing, is hereby amended by striking out, in line 44, the word “conversion” and inserting in place thereof the following word:- conversions.

SECTION 156.  Said section 89 of said chapter 71, as so appearing, is hereby further amended by striking out, in line 143, the word “subdivisions,” and inserting in place thereof the following word:- subdivisions.

SECTION 157.  Said section 89 of said chapter 71, as so appearing, is hereby further amended by striking out, in line 144, the word “must” and inserting in place thereof the following word:- shall.

SECTION 158.  Said section 89 of said chapter 71, as so appearing, is hereby further amended by striking out, in line 265, the word “previous” and inserting in place thereof the following word:- previously.

SECTION 159. Said section 89 of said chapter 71, as so appearing, is hereby further amended by striking out, in line 355, the word “of”, the first time it appears, and inserting in place thereof the following word:- to.

SECTION 160. Said section 89 of said chapter 71, as so appearing, is hereby further amended by inserting after the word “vacant”, in line 378, the following word:- seats.

SECTION 161.  Said section 89 of said chapter 71, as so appearing, is hereby further amended by striking out, in line 431, the word “the”.

SECTION 162.  Said section 89 of said chapter 71, as so appearing, is hereby further amended by striking out, in line 749, the word “on” and inserting in place thereof the following word:- and.

SECTION 163.  Section 92 of said chapter 71, as so appearing, is hereby amended by striking out, in line 58, the figure “(xii)” and inserting in place thereof the following figure:- (xiii).

SECTION 164.  Said section 92 of said chapter 71, as so appearing, is hereby further amended by striking out, in line 158, the word “and”.

SECTION 165.  Said section 92 of said chapter 71, as so appearing, is hereby further amended by striking out, in line 161, the figure “(7)” and inserting in place thereof the following words:- and (vii).

SECTION 166.  Said section 92 of said chapter 71, as so appearing, is hereby further amended by striking out, in line 171, the word “, the” and inserting in place thereof the following word:- the.

SECTION 167. Said section 92 of said chapter 71, as so appearing, is hereby further amended by striking out, in line 175, the word “the”, the second time it appears, and inserting in place thereof the following word:- , the.

SECTION 168. Said section 92 of said chapter 71, as so appearing, is hereby further amended by striking out, in line 176, the word “schoolcommittee” and inserting in place thereof the following words:-  school committee.

SECTION 169.  Section 3 of chapter 71B of the General Laws is hereby amended by striking out, in lines 163 and 204, as so appearing, the words “mental retardation” and inserting in place thereof, in each instance, the following words:-  developmental services.

SECTION 170.  Section 40E of chapter 82 of the General Laws, as so appearing, is hereby amended by striking out, in line 2, the words “telecommunications and energy” and inserting in place thereof the following words:-  public utilities.

SECTION 171.  Section 1 of chapter 83 of the General Laws, as so appearing, is hereby amended by striking out, in line 43, the words “telecommunications and energy” and inserting in place thereof the following words:-  public utilities.

SECTION 172.  Section 4 of said chapter 83, as so appearing, is hereby amended by striking out, in line 16, the words “telecommunications and energy” and inserting in place thereof the following words:-  public utilities.

SECTION 173.  Section 1 of chapter 90 of the General Laws is hereby amended by striking out, in line 405, as so appearing, the words “telecommunications and energy” and inserting in place thereof the following words:-  public utilities.

SECTION 174.  Section 1A of said chapter 90, as so appearing, is hereby amended by striking out, in line 5, the words “telecommunications and energy” and inserting in place thereof the following words:-  public utilities.

SECTION 175.  Section 7B of said chapter 90, as so appearing, is hereby amended by striking out, in lines 27 and 124, the words “telecommunications and energy” and inserting in place thereof, in each instance, the following words:-  public utilities.

SECTION 176.  Section 8A of said chapter 90, as so appearing, is hereby amended by striking out, in lines 37, 41 and 42, 47, and in lines 51 and 52, the words “telecommunications and energy” and inserting in place thereof, in each instance, the following words:-  public utilities.

SECTION 177.  Section 8A 1/2 of said chapter 90, as so appearing, is hereby amended by striking out, in lines 40 and 41, the words “telecommunications and energy” and inserting in place thereof the following words:-  public utilities.

SECTION 178. Section 8L of said chapter 90, as so appearing, is hereby amended by striking out, in line 5, the words “42 USC 1973 gg-3 and 1973 gg-5” and inserting in place thereof the following words:- 52 U.S.C. 20504 to 20506.

SECTION 179.  Section 9 of said chapter 90, as so appearing, is hereby amended by striking out, in lines 13 and 14, the words “telecommunications and energy” and inserting in place thereof the following words:-  public utilities.

SECTION 180.  Section 24 of said chapter 90 is hereby amended by striking out, in line 452, as so appearing, the word “corrections” and inserting in place thereof the following word:-  correction.

SECTION 181.  Said section 24 of said chapter 90 is hereby amended by striking out, in line 461, as so appearing, the word “corrobating” and inserting in place thereof the following word:-  corroborating.

SECTION 182.  Said section 24 of said chapter 90 is hereby further amended by striking out, in line 552, as so appearing, the word “restistrar” and inserting in place thereof the following word:-  registrar.

SECTION 183.  Section 33 of said chapter 90, as so appearing, is hereby amended by striking out, in line 38, the words “telecommunications and energy” and inserting in place thereof the following words:-  public utilities.

SECTION 184.  Section 116 of said chapter 90, as so appearing, is hereby amended by striking out, in line 116, the words “Threatened and Special Concern Species” and inserting in place thereof the following words:-  threatened and special concern species.

SECTION 185.  Section 1 of chapter 90C of the General Laws, as so appearing, is hereby amended by striking out, in lines 73 and 74, the words “telecommunications and energy” and inserting in place thereof the following words:-  public utilities.

SECTION 186.  Section 50 of chapter 92 of the General Laws, as so appearing, is hereby amended by striking out, in lines 6 and 7, the words “telecommunications and energy” and inserting in place thereof the following words:-  public utilities.

SECTION 187.  Section 51 of said chapter 92, as so appearing, is hereby amended by striking out, in line 1, the words “telecommunications and energy” and inserting in place thereof the following words:-  public utilities.

SECTION 188.  Section 67 of said chapter 92, as so appearing, is hereby amended by striking out, in lines 11 and 12, the words “telecommunications and energy” and inserting in place thereof the following words:-  public utilities.

SECTION 189.  Section 68 of said chapter 92, as so appearing, is hereby amended by striking out, in line 6, the words “telecommunications and energy” and inserting in place thereof the following words:-  public utilities.

SECTION 190.  Section 184D of chapter 94 of the General Laws is hereby amended by striking out, in line 81, as so appearing, the words “sections 56D and 56E” and inserting in place thereof the following words:-  and section 56D.

SECTION 191.  Section 4O of chapter 111 of the General Laws, as so appearing, is hereby amended by striking out, in line 23, the words “mental retardation” and inserting in place thereof the following words:-  developmental services.

SECTION 192.  Clause (2) of the second paragraph of subsection (b) of section 5Q of said chapter 111, as appearing in section 1 of chapter 150 of the acts of 2014, is hereby amended by striking out the word “that”, the first time it appears.

SECTION 193.  Section 62J of said chapter 111, as appearing in the 2012 Official Edition, is hereby amended by striking out, in lines 13 and 14, the words “ mental retardation” and inserting in place thereof the following words:-  intellectual disabilities.

SECTION 194.  Section 67E of said chapter 111, as so appearing, is hereby amended by striking out, in line 38, the words “mental retardation” and inserting in place thereof the following words:-  intellectual disability.

SECTION 195.  Section 69E of said chapter 111, as so appearing, is hereby amended by striking out, in line 8, the words “mental retardation” and inserting in place thereof the following words:-  intellectual disabilities’.

SECTION 196.  Section 71 of said chapter 111, as so appearing, is hereby amended by striking out, in lines 9, 23, 75, 87, 129, 171, 174 and 212, the words “mentally retarded” and inserting in place thereof, in each instance, the following words:-  intellectually disabled.

SECTION 197.  Said section 71 of said chapter 111, as so appearing, is hereby further amended by striking out, in line 180, the words “mental cases” and inserting in place thereof the following words:-  intellectually disabled.

SECTION 198.  Section 72 of said chapter 111, as so appearing, is hereby amended by striking out, in lines 3 and 16, the words “mentally retarded” and inserting in place thereof the following words:-  intellectually disabled.

SECTION 199.  Section 72Y of said chapter 111, as so appearing, is hereby amended by striking out, in line 10, the word “retarded” and inserting in place thereof the following words:-  intellectually disabled.

SECTION 200.  Section 142N of said chapter 111, as so appearing, is hereby amended by striking out, in line 6, the words “telecommunications and energy” and inserting in place thereof the following words:-  public utilities.

SECTION 201.  Section 193 of said chapter 111, as so appearing, is hereby amended by striking out, in line 12, the word “retarded” and inserting in place thereof the following words:-  who have an intellectual disability.

SECTION 202.  Section 229 of said chapter 111, inserted by section 1 of chapter 371 of the acts of 2012, is hereby repealed.

SECTION 203.  Said chapter 111 is hereby further amended by adding the following section:-

Section 233. (a) For the purposes of this section, the following terms shall have the following meanings:

“Health care practitioner”, a person licensed or registered under section 2, 16, 74 or 74A of chapter 112, including an intern, resident, fellow or medical officer who conducts or assists with the performance of surgery.

“Operating room circulator”, a licensed registered nurse who is educated, trained and experienced in perioperative nursing and who is immediately available to physically intervene in providing care to the surgical patient.

“Surgical facility”, an entity that provides surgical health care services, whether inpatient or outpatient and whether overnight or ambulatory, including, but not limited to, a hospital, clinic or private office of a health care practitioner, whether conducted for charity or for profit and whether or not subject to section 25C, and an organization, partnership, association, corporation, trust or the commonwealth or any subdivision thereof.

“Surgical technologist”, a person who provides surgical technology services and who is not a health care practitioner.

“Surgical technology”, surgical patient care, including, but not limited to, any of the following:

(i) collaboration with an operating room circulator prior to a surgical procedure to carry out the plan of care by preparing the operating room, gathering and preparing sterile supplies, instruments and equipment, preparing and maintaining the sterile field using sterile and aseptic technique and ensuring that surgical equipment is functioning properly and safely;

(ii) intraoperative anticipation and response to the needs of a surgeon and other team members by monitoring the sterile field and providing the required instruments or supplies;

(iii) performance of tasks at the sterile field, as directed in an operating room setting, including: (1) passing supplies, equipment or instruments; (2) sponging or suctioning an operative site; (3) preparing and cutting suture material; (4) transferring and irrigating with fluids; (5) transferring, but not administering, drugs within the sterile field; (6) handling specimens; (7) holding retractors; and (8) assisting in counting sponges, needles, supplies and instruments with an operating room circulator.

(b) A surgical facility shall not employ or otherwise retain the services of a person to perform surgical technology tasks or functions unless such person: (i) has successfully completed an accredited educational program for surgical technologists and holds and maintains a certified surgical technologist credential administered by a nationally recognized surgical technologist certifying body accredited by the National Commission for Certifying Agencies and recognized by the American College of Surgeons and the Association of Surgical Technologists; (ii) has successfully completed an accredited school of surgical technology but has not, as of the date of hire, obtained the certified surgical technologist certification required in clause (i); provided, however, that such certification shall be obtained within 12 months of the graduation date; (iii) was employed as a surgical technologist in a surgical facility on or before July 1, 2013; (iv) has successfully completed a training program for surgical technology in the Army, Navy, Air Force, Marine Corps or Coast Guard of the United States or in the United States Public Health Service which has been deemed appropriate by the commissioner; or (v) is performing surgical technology tasks or functions in the service of the federal government, but only to the extent the person is performing duties related to that service.

(c) A person employed or otherwise retained to practice surgical technology in a health care facility may assist in the performance of operating room circulator duties under the direct clinical supervision, limited to clinical guidance, of the operating room circulator if: (i) the operating room circulator is present in the operating room for the duration of the procedure; (ii)  the assistance has been assigned to that person by the operating room circulator; and (iii) the assistance is consistent with the education, training and experience of the person providing the assistance.

(d) Nothing in this section shall prohibit a registered nurse, licensed or registered health care provider or other health care practitioner from performing surgical technology tasks or functions if such person is acting within the scope of such person’s license.

(e) Notwithstanding subsection (b), a surgical facility may employ a surgical technologist who does not meet the requirements of this section if the surgical facility receives a waiver from the department signifying that the surgical facility: (i) has made a diligent and thorough effort to employ qualified surgical technologists who meet the requirements of this section; and (ii) is unable to employ enough qualified surgical technologists for its needs. The department, in consultation with an advisory committee of clinicians, shall establish criteria for said waiver.

SECTION 204.  Section 2 of chapter 117A of the General Laws, as appearing in the 2012 Official Edition, is hereby amended by striking out, in lines 7 and 8, the words “division of employment and training” and inserting in place thereof, the following words:-  department of career services.

SECTION 205.  Chapter 118E of the General Laws is hereby amended by striking out section 10H, inserted by section 19 of chapter 258 of the acts of 2014, and inserting in place thereof the following section:-

Section 10I.    For the purposes of this section, the following terms shall have the following meanings unless the context clearly requires otherwise:

“Acute treatment services”, 24-hour medically-supervised addiction treatment for adults or adolescents provided in a medically-managed or medically-monitored inpatient facility, as defined by the department of public health, that provides evaluation and withdrawal management and which may include biopsychosocial assessment, individual and group counseling, psychoeducational groups and discharge planning.

“Clinical stabilization services”, 24-hour clinically-managed post detoxification treatment for adults or adolescents, as defined by the department of public health, usually following acute treatment services for substance abuse, which may include intensive education and counseling regarding the nature of addiction and its consequences, relapse prevention, outreach to families and significant others and aftercare planning, for individuals beginning to engage in recovery from addiction.

The division and its contracted health insurers, health plans, health maintenance organizations, behavioral health management firms and third-party administrators under contract to a Medicaid managed care organization or primary care clinician plan shall cover the cost of medically-necessary acute treatment services and shall not require a preauthorization prior to obtaining treatment.

The division and its contracted health insurers, health plans, health maintenance organizations, behavioral health management firms and third-party administrators under contract to a Medicaid managed care organization or primary care clinician plan shall cover the cost of  medically-necessary clinical stabilization services for up to 14 days and shall not require preauthorization prior to obtaining clinical stabilization services; provided, however, that the facility shall provide to the carrier both notification of admission and the initial treatment plan within 48 hours of admission; and provided further, that utilization review procedures may be initiated on day 7.

Medical necessity shall be determined by the treating clinician, in consultation with the patient, and noted in the patient’s medical record.

SECTION 206.  Section 23 of chapter 119 of the General Laws, as so appearing, is hereby amended by striking out, in line 47, the words “mental retardation” and inserting in place thereof the following words:-  an intellectual disability.

SECTION 207.  Section 39L of said chapter 119, as so appearing, is hereby amended by striking out, in lines 7 and 11, the words “in need of services petition”, and inserting in place thereof, in each instance, the following words:- requiring assistance application.

SECTION 208.  Said section 39L of said chapter 119, as so appearing, is hereby further amended by striking out, in line 22, and in lines 34 and 35, the words “in need of services” and inserting in place thereof, in each instance, the following words:- requiring assistance.

SECTION 209.  Section 2 of chapter 119A of the General Laws, as so appearing, is hereby amended by striking out, in lines 79 and 80, the words “child support trust fund” and inserting in place thereof the following words:-  Child Support Trust Fund.

SECTION 210.  Section 5 of said chapter 119A, as so appearing, is hereby amended by striking out, in lines 62 and 63, the words “child support trust fund” and inserting in place thereof the following words:-  “Child Support Trust Fund.

SECTION 211.  Section 9 of said chapter 119A, as so appearing, is hereby amended by striking out, in lines 2 and 3, the words “child support trust fund” and inserting in place thereof the following words:-  Child Support Trust Fund.

SECTION 212.  Section 10 of said chapter 119A, as so appearing, is hereby amended by striking out, in lines 1 and 2, and in lines 2 and 3, the words “child support trust fund” and inserting in place thereof, in each instance, the following words:-  Child Support Trust Fund.

SECTION 213.  Section 11 of said chapter 119A, as so appearing, is hereby amended by striking out, in line 2, and in lines 6 and 7, the words “child support trust fund” and inserting in place thereof, in each instance, the following words:-  Child Support Trust Fund.

SECTION 214.  Section 38A of chapter 121B of the General Laws, as so appearing, is hereby amended by striking out, in line 30, the words “mental retardation” and inserting in place thereof the following words:-  intellectual disabilities.

SECTION 215.  Section 1 of chapter 122 of the General Laws, as so appearing, is hereby amended by striking out, in line 11, the words “mental retardation” and inserting in place thereof the following words:-  intellectual disabilities’.

SECTION 216.  Section 14 of said chapter 122, as so appearing, is hereby amended by striking out, in line 3, the words “, mental retardation” and inserting in place thereof the following words:-  or intellectual disability.

SECTION 217.  Section 1 of chapter 123A of the General Laws, as so appearing, is hereby amended by striking out, in line 42, the words “a mentally retarded” and inserting in place thereof the following words:-  an intellectually disabled.

SECTION 218.  Chapter 123B of the General Laws is hereby amended by striking out the title, as so appearing, and inserting in place thereof the following title:-

DEVELOPMENTAL SERVICES.

SECTION 219.  Section 3 of said chapter 123B, as so appearing, is hereby amended by striking out, in line 5, the words “mentally retarded” and inserting in place thereof the following words:-  intellectually disabled.

SECTION 220.  Section 133E of chapter 127 of the General Laws, as so appearing, is hereby amended by striking out, in line 14, the words “a mentally retarded” and inserting in place thereof the following words:-  an intellectually disabled.

SECTION 221.  Said section 133E of said chapter 127, as so appearing, is hereby further amended by striking out, in line 15, the word “age14” and inserting in place thereof the following word:-  age 14.

SECTION 222.  Section 13 of chapter 131 of the General Laws, as so appearing, is hereby amended by striking out, in lines 45 and 46, and in line 47, the words “mentally retarded” and inserting in place thereof, in each instance, the following words:-  intellectually disabled.

SECTION 223.  Section 17 of chapter 138 of the General Laws, as so appearing, is hereby amended by striking out the introductory paragraph and inserting in place thereof the following paragraph:

Except as otherwise provided in this chapter, the number of licenses issued in a city or town under sections 12 and 15 and in force and effect at any 1 time during a license year shall be limited as provided in this section.

SECTION 224.  Section 38 of said chapter 138, as so appearing, is hereby amended by striking out, in line 1, the word “of” and inserting in place thereof the following word:- to.

SECTION 225.  Section 2 of chapter 140E of the General Laws, as so appearing, is hereby amended by striking out, in line 38, the words “banks and banking” and inserting in place thereof the following words:-  financial services.

SECTION 226.  Section 14 of chapter 142A of the General Laws, as so appearing, is hereby amended by striking out, in line 37, the words “telecommunications and energy” and inserting in place thereof the following words:-  public utilities.

SECTION 227.  Section 71S of chapter 143 of the General Laws, as so appearing, is hereby amended by striking out, in lines 4 and 5, the words “telecommunications and energy” and inserting in place thereof the following words:-  public utilities.

SECTION 228. Section 1 of chapter 148 of the General Laws is hereby amended by striking out, in lines 7 and 8, as so appearing, the words “Massachusetts military reservation” and inserting in place thereof the following words:-  Joint Base Cape Cod.

SECTION 229.  Section 26E of said chapter 148, as so appearing, is hereby amended by striking out, in line 29, the words “telecommunications and energy” and inserting in place thereof the following words:-  public utilities.

SECTION 230.  Section 30A of chapter 149 of the General Laws is hereby amended by striking out, in line 21, as so appearing, the words “mental retardation” and inserting in place thereof the following words:-  intellectual disabilities.

SECTION 231. Said section 30A of said chapter 149 is hereby further amended by striking out, in lines 28 and 29, as so appearing,  the words “Massachusetts military reservation” and inserting in place thereof the following words:-  Joint Base Cape Cod.

SECTION 232.  Section 148 of said chapter 149, as so appearing, is hereby amended by striking out, in line 26, the words “telecommunications and energy” and inserting in place thereof the following words:-  public utilities.

SECTION 233.  Section 7 of chapter 150E of the General Laws is hereby amended by striking out, in lines 26 and 39, as so appearing, the word “paragraph” and inserting in place thereof, in each instance, the following word:-  subsection.

SECTION 234.  Said section 7 of said chapter 150E is hereby further amended by striking out subsection (d), as amended by section 110 of chapter 38 of the acts of 2013, and inserting in place thereof the following subsection:-

(d) If a collective bargaining agreement reached by an employer and the exclusive representative contains a conflict between matters which are within the scope of negotiations pursuant to section 6 and any of the following, including any rule or regulation under any of the following, the terms of the collective bargaining agreement shall prevail:

(1) a municipal personnel ordinance, by-law, rule or regulation;

(2) regulations of a police chief pursuant to section 97A of chapter 41 or of a police commissioner or other head of a police or public safety department of a municipality;

(3) regulations of a fire chief or other head of a fire department pursuant to chapter 48;

(4) the second paragraph of section 28 or section 28A, of chapter 7;

(5) section 6E of chapter 21; 

(6)  section 24A, paragraphs (4) and (5) of section 45, inclusive, or paragraphs (1), (4) and (10) of section 46, section 49, as it applies to allocation appeals, and section 53 of chapter 30;

(7) the third paragraph of section 58 of chapter 31;

(8) sections 50 to 56, inclusive, of chapter 35;

(9) sections 21A and 21B of chapter 40;

(10) sections 108 D to 108I, inclusive, and sections 111 to 111I, inclusive, of chapter 41;

(11) section 33A of chapter 44;

(12) sections 57 to 59, inclusive, of chapter 48;

(13) section 62 of chapter 92;

(14) sections 14 to 17E, inclusive, of chapter 147;

(15) sections 30 to 42, inclusive, of chapter 149;

(16) section 17I of chapter 180; 

(17) sections 30, 33 and 39 of chapter 217; 

(18) sections 61, 63 and 68 of chapter 218;

(19) sections 69 to 73, inclusive, and 75, 80 and 89 of chapter 221;

(20) section 53C of chapter 262; 

(21) sections 84, 85, 89, 94 and 99B of chapter 276; or

(22) section 8 of chapter 211B.

SECTION 235.  Section 13 of chapter 151A of the General Laws, as appearing in the 2012 Official Edition, is hereby amended by striking out, in lines 33 and 34, the words “commerce and labor” and inserting in place thereof the following words:-  labor and workforce development.

SECTION 236.  Section 14F of said chapter 151A, as so appearing, is hereby amended by striking out, in lines 4 and 5, the words “commerce and labor” and inserting in place thereof the following words:-  labor and workforce development.

SECTION 237.  Subsection (a) of section 14P of said chapter 151A, as so appearing, is hereby amended by striking out clauses (1) and (2) and inserting in place thereof the following 2 clauses:-

(1) “Department”, the department of unemployment assistance.

(2) “Director”, the director of unemployment assistance.

SECTION 238.  Said section 14P of said chapter 151A, as so appearing, is hereby further amended by striking out, in lines 11, 21 and 22, 30 and 50, the word “division” and inserting in place thereof, in each instance, the following word:-  department.

SECTION 239. Section 22 of said chapter 151A, as so appearing, is hereby amended by striking out, in line 4, the word “division” and inserting in place thereof the following word:-  department.

SECTION 240.  Section 47 of said chapter 151A is hereby amended by striking out, in line 106, as so appearing, the words “commerce and labor” and inserting in place thereof the following words:-  labor and workforce development.

SECTION 241.  Section 62 of said chapter 151A, as so appearing, is hereby amended by striking out, in lines 25 and 26, the words “commerce and labor” and inserting in place thereof the following words:-  labor and workforce development.

SECTION 242.  Section 62A of said chapter 151A, as so appearing, is hereby amended by striking out, in lines 1, 6, 10, 15, 20, 22, 25, 27, 32, 38, 39, 43, 45, 48, 51 and 56, and in lines 57 and 58, the word “division” and inserting in place thereof, in each instance, the following word:-  department.

SECTION 243.  Said section 62A of said chapter 151A, as so appearing, is hereby further amended by striking out, in line 34, the word “division’s” and inserting in place thereof the following word:-  department’s.

SECTION 244. Section 4 of chapter 151B of the General Laws, as so appearing, is hereby amended by striking out, in lines 628 and 629, the words “division of employment and training” and inserting in place thereof, the following words:-  department of career services.

SECTION 245.  Section 1 of chapter 152 of the General Laws, as so appearing, is hereby amended by striking out, in lines 166, 170, 174 and 175, and in lines 178 and 179, the words “deputy director of the division of employment and training” and inserting in place thereof, in each instance, the following words:-  director of career services.

SECTION 246.  Section 28 of said chapter 152, as so appearing, is hereby amended by striking out, in lines 12 and 13, the words “mentally retarded” and inserting in place thereof the following words:-  intellectually disabled.

SECTION 247.  Section 39 of chapter 158 of the General Laws, as so appearing, is hereby amended by striking out, in line 8, the words “telecommunications and energy” and inserting in place thereof the following words:-  public utilities.

SECTION 248.  Section 40 of said chapter 158, as so appearing, is hereby amended by striking out, in line 4, the words “telecommunications and energy” and inserting in place thereof the following words:-  public utilities.

SECTION 249.  Section 59 of chapter 159 of the General Laws, as so appearing, is hereby amended by striking out, in lines 11 and 12, and in lines 16, 26 and 28, the words “telecommunications and energy” and inserting in place thereof, in each instance, the following words:-  public utilities.

SECTION 250.  Section 65 of said chapter 159, as so appearing, is hereby amended by striking out, in lines 5 and 6, 18, 24, 27 and 29, and in lines 37 and 38, the words “telecommunications and energy” and inserting in place thereof, in each instance, the following words:-  public utilities.

SECTION 251.  Section 70 of said chapter 159, as so appearing, is hereby amended by striking out, in lines 20 and 21, 50 and 51, and in line 65, the words “telecommunications and energy” and inserting in place thereof, in each instance, the following words:-  public utilities.

SECTION 252.  Section 73 of said chapter 159, as so appearing, is hereby amended by striking out, in lines 5 and 6, the words “telecommunications and energy” and inserting in place thereof the following words:-  public utilities.

SECTION 253.  Section 74 of said chapter 159, as so appearing, is hereby amended by striking out, in lines 4, 17 and 21, and in lines 46 and 47, the words “telecommunications and energy” and inserting in place thereof, in each instance, the following words:-  public utilities.

SECTION 254.  Section 78 of said chapter 159, as so appearing, is hereby amended by striking out, in lines 18 and 19, the words “telecommunications and energy” and inserting in place thereof the following words:-  public utilities.

SECTION 255.  Section 79 of said chapter 159, as so appearing, is hereby amended by striking out, in lines 5 and 6, the words “telecommunications and energy” and inserting in place thereof the following words:-  public utilities.

SECTION 256.  Section 80 of said chapter 159, as so appearing, is hereby amended by striking out, in lines 23, 34 and 35, 36, and in lines 40 and 41, the words “telecommunications and energy” and inserting in place thereof, in each instance, the following words:-  public utilities.

SECTION 257.  Section 1 of chapter 159A of the General Laws, as so appearing, is hereby amended by striking out, in line 31, the words “telecommunications and energy” and inserting in place thereof the following words:-  public utilities.

SECTION 258.  Section 2 of said chapter 159A, as so appearing, is hereby amended by striking out, in lines 3 and 4, the words “telecommunications and energy” and inserting in place thereof the following words:-  public utilities.

SECTION 259.  Section 2 of chapter 159B of the General Laws, as so appearing, is hereby amended by striking out, in lines 21 and 22, the words “the department of telecommunications and energy” and inserting in place thereof the following words:-  public utilities.

SECTION 260.  Said section 2 of said chapter 159B, as so appearing, is hereby amended by striking out, in lines 38 and 88, the words “telecommunications and energy” and inserting in place thereof, in each instance, the following words:-  public utilities.

SECTION 261.  Section 5 of chapter 159C of the General Laws, as so appearing, is hereby amended by striking out, in line 13, the word “energy” and inserting in place thereof the following words:-  cable.

SECTION 262.  Section 104 of chapter 160 of the General Laws, as so appearing, is hereby amended by striking out, in lines 15 and 21, the words “telecommunications and energy” and inserting in place thereof, in each instance, the following words:-  public utilities.

SECTION 263.  Section 127A of said chapter 160, as so appearing, is hereby amended by striking out, in line 1, the words “telecommunications and energy” and inserting in place thereof the following words:-  public utilities.

SECTION 264.  Section 134A of said chapter 160, as so appearing, is hereby amended by striking out, in lines 29 and 30, and in line 34, the words “telecommunications and energy” and inserting in place thereof, in each instance, the following words:-  public utilities.

SECTION 265.  Section 145 of said chapter 160, as so appearing, is hereby amended by striking out, in lines 3 and 4, the words “telecommunications and energy” and inserting in place thereof the following words:-  public utilities.

SECTION 266.  Section 147A of said chapter 160, as so appearing, is hereby amended by striking out, in lines 3 and 4, the words “telecommunications and energy” and inserting in place thereof the following words:-  public utilities.

SECTION 267.  Section 82 of chapter 161 of the General Laws, as so appearing, is hereby amended by striking out, in line 9, the words “telecommunications and energy” and inserting in place thereof the following words:-  public utilities.

SECTION 268.  Section 85 of said chapter 161, as so appearing, is hereby amended by striking out, in lines 15 and 16, 18 and 19, 21, and in lines 25 and 26, the words “telecommunications and energy” and inserting in place thereof, in each instance, the following words:-  public utilities.

SECTION 269.  Section 1 of chapter 161A of the General Laws, as so appearing, is hereby amended by striking out, in line 71, the words “telecommunications and energy” and inserting in place thereof the following words:-  public utilities.

SECTION 270.  Section 5 of said chapter 161A, as so appearing, is hereby amended by striking out, in line 175, the words “telecommunications and energy” and inserting in place thereof the following words:-  public utilities.

SECTION 271.  Section 39 of said chapter 161A, as so appearing, is hereby amended by striking out, in lines 2 and 4, the words “telecommunications and energy” and inserting in place thereof, in each instance, the following words:-  public utilities.

SECTION 272.  Section 47 of said chapter 161A, as so appearing, is hereby amended by striking out, in line 7, the words “telecommunications and energy” and inserting in place thereof the following words:-  public utilities.

SECTION 273.  Section 6 of chapter 161B of the General Laws, as so appearing, is hereby amended by striking out, in line 60, the words “telecommunications and energy” and inserting in place thereof the following words:-  public utilities.

SECTION 274.  Section 8 of said chapter 161B is hereby amended by striking out, in line 82, as so appearing, the words “telecommunications and energy” and inserting in place thereof the following words:-  public utilities.

SECTION 275.  Section 16 of said chapter 161B, as so appearing, is hereby amended by striking out, in lines 2 and 4, the words “telecommunications and energy” and inserting in place thereof, in each instance, the following words:-  public utilities

SECTION 276.  Section 69G of chapter 164 of the General Laws, as so appearing, is hereby amended by striking out, in line 18, the words “telecommunications and energy” and inserting in place thereof the following words:-  public utilities

SECTION 277.  Section 69H 1/2 of said chapter 164, as so appearing, is hereby amended by striking out, in line 20, the words “telecommunications and energy” and inserting in place thereof the following words:-  public utilities.

SECTION 278.  Section 76B of said chapter 164, as so appearing, is hereby amended by striking out, in line 5, the words “telecommunications and energy” and inserting in place thereof the following words:-  public utilities.

SECTION 279.  Section 8 of chapter 164A of the General Laws, as so appearing, is hereby amended by striking out, in lines 72 and 73, the words “telecommunications and energy” and inserting in place thereof the following words:-  public utilities

SECTION 280.  Section 28 of chapter 165 of the General Laws, as so appearing, is hereby amended by striking out, in lines 3 and 4, the words “telecommunications and energy” and inserting in place thereof the following words:-  public utilities.

SECTION 281.  Section 5 of chapter 166 of the General Laws, as so appearing, is hereby amended by striking out the last sentence and inserting in place thereof the following sentence:-  For the purposes of this chapter, the word “department”, shall mean the department of telecommunications and cable unless otherwise provided.

SECTION 282.  Section 22A of said chapter 166, as so appearing, is hereby amended by striking out, in line 5, the words “telecommunications and energy” and inserting in place thereof the following words:-  public utilities.

SECTION 283.  Section 22L of said chapter 166, as so appearing, is hereby amended by striking out, in lines 4 and 5, the words “of telecommunications and energy”.

SECTION 284.  Section 25A of said chapter 166, as so appearing, is hereby amended by striking out, in line 42, the words “of telecommunications and energy” and inserting in place thereof the following words:- public utilities.

SECTION 285.  Section 27 of said chapter 166, as so appearing, is hereby amended by striking out, in lines 6 and 7, the words “of telecommunications and energy” and inserting in place thereof the following words:- public utilities.

SECTION 286. Section 2A of chapter 167 of the General Laws, as so appearing, is hereby amended by striking out, in lines 40 and 46, the words “banks and banking” and inserting in place thereof , in each instance, the following words:- financial services.

SECTION 287. Section 14 of said chapter 167, as so appearing, is hereby amended by striking out, in line 38, the words “banks and banking” and inserting in place thereof the following words:-  financial services.

SECTION 288. Section 2 of chapter 167F of the General Laws, as so appearing, is hereby amended by striking out, in line 344, the words “banks and banking” and inserting in place thereof the following words:-  financial services.

SECTION 289. Section 34C of chapter 168 of the General Laws, as so appearing, is hereby amended by striking out, in line 30, the words “banks and banking” and inserting in place thereof the following words:-  financial services.

SECTION 290. Section 26C of chapter 170 of the General Laws, as so appearing, is hereby amended by striking out, in line 29, the words “banks and banking” and inserting in place thereof the following words:- financial services.

SECTION 291. Section 6A of chapter 171 of the General Laws, as so appearing, is hereby amended by striking out, in line 21, the words “banks and banking” and inserting in place thereof the following words:- financial services.

SECTION 292.  Section 67 of said chapter 171, as so appearing, is hereby amended by striking out, in line 13, the figure “1961.” and inserting in place thereof the following figure:-  1961;

SECTION 293.  The first paragraph of said section 67 of said chapter 171, as so appearing, is hereby amended by striking out clause (o) and inserting in place thereof the following clause:-

(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 15A of said chapter 167; provided, however, that:

(i) not more than 10 per cent 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 4 of such types of stocks appearing on the list and not more than $15,000 or 2 per cent of the assets of a credit union, whichever is greater, shall be invested in the stock of any 1 such bank, bank holding company, insurance company or preferred stock of public utility companies;

(ii) not more than 20 per cent of the assets of a credit union shall be invested in railroad obligations appearing on the list and not more than 1.5 per cent of the shares and deposits of any such credit union shall be invested in the obligations of any 1 operating railroad corporation;

(iii) not more than 20 per cent of the assets of a credit union shall be invested in the obligations of telephone companies appearing on the list and not more than 4 per cent of the shares and deposits of such credit union shall be invested in the obligations of any 1 such company;

(iv) not more than 25 per cent of the assets of a credit union shall be invested in obligations of public utility companies appearing on the list and not more than 4 per cent of the deposits of such credit union shall be invested in the obligations of any 1 such company; and

(v) not more than 10 per cent of the assets of a credit union shall be invested in interest bearing obligations authorized for investment under section 15B of chapter 167 and appearing on the list of legal investments prepared pursuant to said section 15A of said chapter 167 and not more than ½ of 1 per cent 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;

SECTION 294.  Said section 67 of said chapter 171, as so appearing, is hereby further amended by striking out, in line 82, the word “funds.” and inserting in place thereof the following word:-  funds;

SECTION 295.  Said section 67 of said chapter 171, as so appearing, is hereby further amended by striking out, in lines 103 and 104, the words “clause (i) of this paragraph” and inserting in place thereof the following word:-  subclause (i).

SECTION 296.  Said section 67 of said chapter 171, as so appearing, is hereby further amended by striking out, in line 113, the word “commonwealth.” and inserting in place thereof the following word:-  commonwealth;

SECTION 297.  Said section 67 of said chapter 171, as so appearing, is hereby further amended by striking out, in line 133, the word “and”.

SECTION 298.  Said section 67 of said chapter 171, as so appearing, is hereby further amended by striking out, in line 134, the word “Boston.” and inserting in place thereof the following words:-  Boston; and.

SECTION 299.  Said section 67 of said chapter 171, as so appearing, is hereby further amended by striking out, in line 135, the word “paragraph” and inserting in place thereof the following word:-  clause.

SECTION 300.  Said section 67 of said chapter 171, as so appearing, is hereby further amended by striking out, in line 139, the word “paragraphs” and inserting in place thereof the following word:-  clauses.

SECTION 301.  Section 67A of said chapter 171, as so appearing, is hereby amended by striking out, in line 5, the figure “(1)”.

SECTION 302.  Said section 67A of said chapter 171, as so appearing, is hereby further amended by striking out, in line 9, the figure “(2)”.

SECTION 303.  Said section 67A of said chapter 171, as so appearing, is hereby further amended by striking out, in line 13, the figure “(3)”.

SECTION 304.  Said chapter 171 is hereby further amended by striking out section 71, as so appearing, and inserting in place thereof the following section:-

Section 71.  At least 5 per cent of the total assets of a credit union shall be carried as cash on hand or in the following investments which shall be the absolute property and shall be under the control of the credit union or be held by book entry procedure when required; provided, however, that whenever the aforesaid ratio falls below 5 per cent of the total assets of a credit union, no further loans shall be made until the ratio as herein provided has been reestablished:

(a) shares in the Central Credit Union Fund, Inc.;

(b) shares in a federally chartered corporate credit union;

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

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

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

(f) balances due from banks and trust companies or banking companies which are members of the Federal Deposit Insurance Corporation;

(g) shares of federal savings and loan associations having a usual place of business within the commonwealth;

(h) bonds or notes of the United States or of any state or subdivision thereof with a maturity of up to 5 years;

(i) bonds or notes of other federal agencies which are on the list of legal investments prepared pursuant to section 15A of chapter 167 with a maturity of up to 3 years;

(j) repurchase agreements secured by United States government obligations up to 1 year maturity;

(k) in a common trust unit plan organized for the purchase of bonds or notes of the United States or of any subdivision thereof which are on the list of legal investments prepared pursuant to said section 15A of said chapter 167 and which has as its custodian a banking institution authorized to accept deposits from a credit union or from a savings bank;

(l) securities of the Government National Mortgage Association;

(m) federal funds;

(n) in any bonds or notes which are on the list of legal investments prepared pursuant to said section 15A of said chapter 167 with a maturity of up to 3 years; provided, however, that such bonds or notes are rated as A, AA, or AAA; and

(o) certificates of deposit of up to 1 year maturity which otherwise meet the criteria in clauses (a) to (i), inclusive, or clause (q) of the first paragraph of section 67.

SECTION 305.  Section 47X of chapter 175 of the General Laws, as so appearing, is hereby amended by striking out, in line 20, the word “[(f)] Any” and inserting in place thereof the following word:-  Any.

SECTION 306.  Said chapter 175 is hereby further amended by striking out section 47BB, inserted by section 3 of chapter 234 of the acts of 2012, and inserting in place thereof the following section:-

Section 47CC. An individual policy of accident and sickness insurance issued under section 108 that provides hospital expense and surgical expense insurance and any group blanket or general policy of accident and sickness insurance issued under section 110 that provides hospital expense and surgical expense insurance, which is issued or renewed within or without the commonwealth, that covers a child under the age of 18 shall cover the cost of treating cleft lip and cleft palate for the child. The coverage shall include benefits for medical, dental, oral and facial surgery, surgical management and follow-up care by oral and plastic surgeons, orthodontic treatment and management, preventative and restorative dentistry to ensure good health and adequate dental structures for orthodontic treatment or prosthetic management therapy, speech therapy, audiology and nutrition services, if such services are prescribed by the treating physician or surgeon and such physician or surgeon certifies that such services are medically necessary and consequent to the treatment of the cleft lip, cleft palate or both. The coverage required by this section shall be subject to the terms and conditions applicable to other benefits. Payment for dental or orthodontic treatment not related to the management of the congenital conditions of cleft lip and cleft palate shall not be covered under this section.  

SECTION 307.  Section 120A of said chapter 175, as appearing in the 2012 Official Edition, is hereby amended by striking out, in lines 2 and 3, the words “mental retardation” and inserting in place thereof the following words:-  intellectual disability.

SECTION 308.  Section 6 of chapter 175C of the General Laws, as so appearing, is hereby amended by striking out, in line 2, the words “companies,, the” and inserting in place thereof the following words:-  companies, the.

SECTION 309.  Section 8Y of chapter 176A of the General Laws, as so appearing, is hereby amended by striking out, in line 18, the word “[(f)] Any” and inserting in place thereof the following word:- Any.

SECTION 310.  Section 9B of chapter 176O of the General Laws, as so appearing, is hereby amended by striking out, in line 4, the figure “176U” and inserting in place thereof the following figure:- 176T.

SECTION 311.  Section 23 of said chapter 176O is hereby amended by striking out, in line 5, as so appearing, the words “insured,” and inserting in place thereof the following word:-  insured.

SECTION 312.  Section 24 of said chapter 176O, as so appearing, is hereby amended by striking out, in line 2, the figure “176U” and inserting in place thereof the following figure:- 176T.

SECTION 313.  Said section 24 of said chapter 176O, as so appearing, is hereby further amended by striking out, in line 7, the word “that” and inserting in place thereof the following word:- than.

SECTION 314.  Subsection (d) of said section 24 of said chapter 176O, as so appearing, is hereby amended by striking out the last sentence and inserting in place thereof the following sentence:-  The office of patient protection shall establish expedited review procedures applicable to emergency and urgent care situations.

SECTION 315.  Section 3 of chapter 176Q of the General Laws is hereby amended by striking out, in line 85, as so appearing, the word “division” and inserting in place thereof the following word:-  department.

SECTION 316.  Section 1 of chapter 176T of the General Laws is hereby amended by striking out, in line 4, as so appearing, the second time it appears, the word “payer”.

SECTION 317.  Said section 1 of said chapter 176T is hereby further amended by striking out, in line 83, as so appearing, the word “alternate” and inserting in place thereof the following word:-  alternative.

SECTION 318.  Said section 1 of said chapter 176T is hereby further amended by striking out, in lines 84 and 85, as so appearing, the words “of insurance”.

SECTION 319.  Section 3 of said chapter 176T, as so appearing, is hereby amended by striking out, in line 7, the words “to be”.

SECTION 320.  Section 4 of said chapter 176T, as so appearing, is hereby amended by striking out, in line 39, the letter “J”.

SECTION 321.  Section 17A of chapter 186 of the General Laws, as so appearing, is hereby amended by striking out, in lines 67 and 68, the words “mentally retarded” and inserting in place thereof the following words:-  intellectually disabled.

SECTION 322.  Section 5-101 of chapter 190B of the General Laws is hereby amended by inserting after clause (3), as so appearing, the following clause:-

(3½)  Intellectually disabled person, an individual who has a substantial limitation in present functioning beginning before age 18, manifested by significantly subaverage intellectual functioning existing concurrently with related limitations in at least 2 of the following applicable adaptive skills areas: communication, self-care, home living, social skills, community use, self-direction, health and safety, functioning academics, leisure and work.

SECTION 323.  Said section 5-101 of said chapter 190B is hereby further amended by striking out clause (12), as so appearing.

SECTION 324.  Section 5-304 of said chapter 190B, as so appearing, is hereby amended by striking out, in line 16, the words “mentally retarded” and inserting in place thereof the following words:-  intellectually disabled.

SECTION 325.  Section 5-309 of said chapter 190B, as so appearing, is hereby amended by striking out, in line 54 the words “mental retardation facility” and inserting in place thereof the following words:-  facility for the intellectually disabled.

SECTION 326.  Section 32 of chapter 209 of the General Laws, as so appearing, is hereby amended by striking out, in line 6, the words “mental retardation” and inserting in place thereof the following words:-  intellectual disability.

SECTION 327.  Section 1 of chapter 211B of the General Laws, as so appearing, is hereby further amended by striking out the words “herein provided”, in line 7, and inserting in place thereof the following words:- provided in this chapter.

SECTION 328.  Section 5 of said chapter 211B, as so appearing, is hereby amended by striking out the word “his”, in line 9,  and inserting in place thereof the following words:- the justice’s.

SECTION 329. Section 5A of said chapter 211B, as so appearing, is hereby amended by striking out the first paragraph and inserting in place thereof the following paragraph:-

The office of the deputy court administrator of a department of the trial court, as provided in section 1, shall be filled by appointment by the court administrator and the chief justice of each department of the trial court; provided, however, that said deputy court administrator shall not be a justice of the trial court and shall devote full time to the duties of the office. A deputy court administrator shall hold said office for a term that shall be coterminous with the term of the chief justice of the respective court department and shall be eligible to be reappointed to serve additional terms.  A deputy court administrator, so appointed, may be removed from that office prior to the expiration of the deputy’s term by the court administrator and the chief justice of the respective court department.

SECTION 330. Section 6 of said chapter 211B, as so appearing, is hereby amended by striking out the fifth sentence and inserting in place thereof the following sentence:-

The chief justice of the trial court shall retain the commission as associate justice of the trial court, or of a predecessor court to which the justice was appointed, while serving as chief justice of the trial court, and may continue to perform such judicial duties as the justice may have exercised as associate justice, and such other responsibilities as otherwise provided by law.

SECTION 331. Section 6A of said chapter 211B, as so appearing, is hereby amended by striking out the first 4 sentences and inserting in place thereof the following 4 sentences:-

There shall be an advisory board to assist the justices of the supreme judicial court, the chief justice of the trial court and the court administrator.  The board shall consist of the attorney general, or a designee, the executive director of the Massachusetts office of victim assistance and the following 10 additional members appointed by the supreme judicial court: 2 persons who shall have significant experience in public administration, 2 persons who shall have significant experience in business administration, 1 lawyer who shall have significant experience in the practice of criminal law, 1 lawyer who shall have significant experience in the practice of civil law, 1 lawyer who shall have significant experience in the practice of probate and family law, 1 lawyer who shall have significant experience in the representation of juveniles in the courts, 1 lawyer who shall have significant judicial experience but not a current justice of the commonwealth or a retired justice serving the commonwealth pursuant to judicial recall and 1 person who shall have significant experience in information technology.  The board shall choose its chair.  The appointed members of said board shall serve for terms of 3 years.

SECTION 332. Section 6B of said chapter 211B, as so appearing, is hereby amended by striking out the word “Said”, in lines 4 and  8, and inserting in place thereof, in each instance, the following word:- The.

SECTION 333. Said section 6B of said chapter 211B, as so appearing, is hereby further amended by striking out the fourth sentence and inserting in place thereof the following word:- The court administrator shall hold said office for a term of 5 years, shall be eligible to be reappointed for additional 5-year terms and shall devote full time to the duties of the office. 

SECTION 334. Said chapter 211B is hereby further amended by striking out section 7, as so appearing, and inserting in place thereof the following section:-

Section 7.  In the case of a vacancy in the office of chief justice of a department of the trial court due to the absence of the chief justice or due to the chief justice’s inability to perform the duties of the office, the office of chief justice in such event shall be filled as provided in section 5. The temporary chief justice so appointed may hold said office until the incumbent shall resume the duties and subject to the chief justice of the trial court, but in no event longer than 6 months.  A temporary chief justice shall be eligible to serve a consecutive full term as chief justice.

In the case of a vacancy in the office of deputy court administrator of a department of the trial court due to the absence of the deputy court administrator or due to the deputy’s inability to perform the duties, the office of deputy court administrator in such event shall be filled as provided in section 5A.  The temporary deputy court administrator so appointed may hold said office until the incumbent shall resume the duties, but in no event longer than 6 months.  A temporary deputy court administrator shall be eligible to serve a consecutive full term as deputy court administrator.

In the case of a vacancy in the office of chief justice of the trial court due to the absence of the chief justice of the trial court or due to the chief’s inability to perform the duties of the office, said office shall be filled by the justices of the supreme judicial court until the chief justice of the trial court shall resume the duties and subject to the justices of said court or until a new chief justice of the trial court is qualified as provided in section 6, but in no event shall such office be so filled for longer than 6 months.  The justice appointed as chief justice of the trial court under this section shall be eligible to serve a consecutive full term as chief justice of the trial court.  A chief justice of the trial court may be removed by a majority vote of the justices of the supreme judicial court.

In the case of a vacancy in the office of court administrator due to the absence of the court administrator or due to the court administrator’s inability to perform the duties of the office, said office shall be filled by the justices of the supreme judicial court until the court administrator shall resume the duties and subject to the justices of said court or until a new court administrator is qualified as provided in section 6B, but in no event shall such office be so filled for longer than 6 months.  The court administrator appointed under this section shall be eligible to serve a consecutive full term as court administrator of the trial court.  A court administrator may be removed by a majority vote of the justices of the supreme judicial court.

SECTION 335. Section 8 of said chapter 211B, as so appearing, is hereby further amended by striking out the first paragraph and inserting in place thereof the following paragraph:-

There shall be an advisory committee on personnel standards to consist of: the court administrator or a designee, who shall serve as chair of the committee; the chief justice of the trial court or a designee; the chief justices of the trial court departments, or their designees; the commissioner of probation; and a clerk of the superior court, a clerk of the district court and a register of probate who shall be appointed by the chief justice of the trial court.

SECTION 336. Said section 8 of said chapter 211B, as so appearing, is hereby further amended by striking out, in lines 15 and 16, the words “the provisions of”.

SECTION 337. Said section 8 of said chapter 211B, as so appearing, is hereby further amended by striking out the fifth paragraph and inserting in place thereof the following paragraph:-

Subject to the terms of applicable collective bargaining agreements, any officer or employee whose appointment is subject to this section may be removed by the appointing authority, in accordance with the standards promulgated by the committee; provided, however, that any such removal is not for arbitrary or capricious reasons and, if the employee so requests, is approved by the committee.  Every removal of an officer or employee whose appointment was subject to this section shall be reviewed by the committee, and no such removal shall be final until approved by the committee.  If any such officer or employee has served 3 full years in a position, appointment to which is subject to this section, the officer or employee shall have the right to appear personally before the committee before the committee reaches its decision as to whether to affirm the removal.  The committee shall also advise the court administrator in the establishment of salaries and pay scales of all court personnel unless otherwise provided by statute.

SECTION 338.  Said chapter 211B is hereby amended by striking out section 9, as so appearing, and inserting in place thereof the following section:-

Section 9.  The chief justice of the trial court, in addition to the chief’s judicial duties and subject to the superintendence power of the supreme judicial court as provided in section 3 of chapter 211, shall have general superintendence of the judicial policy of the trial court including, without limitation, the improvement of the administration of such courts and the securing of their proper and efficient administration.

The chief justice shall be the policy and judicial head of the trial court of the commonwealth.

In order to achieve the ends stated in this section, the chief justice of the trial court shall be responsible for planning, development, promulgation and evaluation of trial court policies, standards and practices and shall have the authority necessary to carry out these responsibilities including, but not limited to:

(i)  the responsibility to provide planning and policy-making functions, including the implementation of such planning and policy-making decisions;

(ii)  the responsibility to monitor and to assist in the case processing and case flow management capabilities of the trial court departments;

(iii)  the power, upon request by the supreme judicial court, to review the record and make recommendations in any appeals by justices against whom disciplinary actions have been taken by any chief justice;

(iv)  the responsibility to hear, for final determination, appeals by justices claiming to be aggrieved by an order of a chief justice assigning or transferring said justice to a particular court other than that to which the justice was appointed;

(v)  the responsibility to hear, for final determination, appeals by first justices who have been removed by chief justices;

(vi)  the responsibility to establish, manage and implement a mandatory emergency judicial response system for all judges, except when the chief justice of the trial court determines that the participation by a particular judge would create a hardship for such judge;

(vii)  the responsibility to provide recommendations regarding management of the judicial recall process;

(viii)  the responsibility to supervise the implementation of the continuing education programs for judicial personnel;

(ix)  the power to appoint such personnel as the chief justice of the trial court may deem necessary for the office of the chief justice of the trial court; the power to discipline, supervise and define the duties of such personnel and the power to dismiss such personnel;

(x)  the power, if there are pending cases involving the same party or the same issue in different departments of the trial court, and if a request for consolidation is made to the chief administrative justice to consolidate such cases for hearing by 1 justice, and to assign said justice to sit as a justice of other departments and exercise the powers of justices of other departments, in order to dispose of such cases with efficient use of judicial resources;

(xi)  the power to assign a justice appointed to any department of the trial court to sit in any other department of the court, for such period or periods of time as the chief justice deems will best promote the speedy dispatch of judicial business; provided, however, that:

(a)  prior to making such assignments, said chief justice of the trial court shall ascertain the respective preferences of the justices of the trial court as to the department or departments, if any, including the department to which the justice is appointed, to which each such justice desires to be assigned and, in making such assignments to any department of said court shall, to the extent consistent with the effective administration of justice, including the maintenance of the respective specialized functions of the land, housing, probate and family, and juvenile court departments, the administrative responsibilities of any justice and the speedy dispatch of judicial business in each of the several departments of the trial court, assign to any department on a basis of first priority justices who have expressed as aforesaid their preferences for assignment thereto;

(b)  a justice, if aggrieved for cause by an order of the chief justice of the trial court assigning the justice to sit in a particular location or department of the court other than that to which the justice was appointed may appeal the order of said chief justice of the trial court to the supreme judicial court, which shall forthwith hear and determine the matter; and

(c)  a chief justice shall notify the chief justice of the trial court of, and may report to the supreme judicial court, any order made by said chief justice of the trial court pursuant to this paragraph which, in the opinion of such chief justice, impairs the orderly operation of the chief justice’s department;

(xii)  upon the joint request of the chief justices of 2 or more departments of the trial court, authorize the transfer of cases from 1 department to another;

(xiii)  establish procedures, subject to the rule-making power of the justices of the supreme judicial court, for the assignment of matters coming before the trial court which do not warrant the use of a judge to other appropriate personnel, including clerk-magistrates, mediators and arbitrators, and authorize such personnel to review, hear and dispose of such matters, subject to appropriate judicial review;

(xiv)  the chief justice of the trial court shall be provided with offices that are proximate to the supreme judicial court at the expense of the commonwealth but only after said chief justice of the trial court has not found sufficient office space in any facility owned by the commonwealth and proximate to the supreme judicial court;

(xv)  the chief justice of the trial court may visit any department or any division or any place for holding court within such a department the chief justice may from time to time call conferences of any or all of the chief justices of the departments;

(xvi)  notwithstanding this section, the chief justice of the trial court, in order to provide for the speedy administration of justice in the counties of Dukes and Nantucket, shall designate, from time to time, justices sitting in the division of the district court department for either of said counties as justices of the superior court department sitting in either of said counties, with power to grant injunctive relief to the same extent as a justice appointed to the superior court department;

(xvii)  the chief justice of the trial court may delegate such chief’s responsibilities and powers under this section and as otherwise provided by law to a chief justice, justice, regional justice, first justice, presiding justice, court officer, clerk, or any employee of such chief’s department, for such period of time and with such limitations as the chief justice may impose, if in the chief’s opinion such delegation of authority will expedite the judicial business of the trial court;

(xviii)  the authority to hear and resolve interdepartmental disputes or disagreements regarding (1) transferring cases in order to facilitate the efficient administration of justice and (2) making adjustments in the scheduling and location of court sessions in order to facilitate the efficient administration of justice;

(xix)  the responsibility to review and make recommendations regarding the expeditious clearing of outstanding warrants throughout the courts of the commonwealth;

(xx)  in consultation with the court administrator, the authority to resolve any dispute arising between a first justice of a division and a clerk of court concerning the management and administration of the clerk’s office, the duties, powers and obligations of the clerk’s staff, or the interpretation of the personnel standards provided for under section 8; provided, however, that any such dispute shall be submitted to the chief justice of the trial court in writing by the clerk, clerk-magistrate or first justice and the chief justice shall, within 30 days of receipt of the written notification of such dispute and conduct a hearing in order to determine the matter; provided, further that the decision of the chief justice shall be binding on the parties;

(xxi)  notwithstanding any general or special law to the contrary, the authority to suspend any particular session of the trial court; move sessions so that the availability of court personnel is consistent with the needs of individual courts; transfer cases and matters from a court to any other court, consolidate cases and make such periodic adjustments in the scheduling and locations of court sessions as are deemed necessary for the proper administration of justice; and

(xxii)  the authority to exercise any inherently judicial power not otherwise specified in this section; provided, however, that nothing in this section shall authorize the chief justice to exercise any power reserved to the full court; and

(xxiii) the authority to approve, upon the request of the court administrator, the court administrator’s application for an acceptance on behalf of the commonwealth of any funds, including grants, bequests, gifts or contributions, from any person which shall be deposited in a separate account and may be expended by the court administrator, without further appropriation, in accordance with chapter 29 and any rules or regulations promulgated thereunder.

SECTION 339. Section 9A of said chapter 211B, as so appearing, is hereby amended by striking out, in line 46, the words “provision is to” and inserting in place thereof the following word:- clause shall.

SECTION 340. Said section 9A of said chapter 211B, as so appearing, is hereby further amended by striking out, in lines 80 to 87, inclusive the words, “days. The first justice of the court to where the employee is transferred shall provide the first justice of the court to where the employee is permanently assigned with appropriate personnel records and records of activities, including records necessary for the payment of compensation; and provided, however, that this provision shall not apply to a clerk or clerk-magistrate, whether elected or appointed by the governor, register of probate or recorder” and inserting in place thereof the following words:- days; provided, however, that the first justice of the court to which the employee is transferred shall provide the first justice of the court to which the employee is permanently assigned with appropriate personnel records and records of activities, including records necessary for the payment of compensation; and provided, further, that this clause shall not apply to a clerk or clerk-magistrate, whether elected or appointed by the governor, register of probate or recorder.

SECTION 341.  Section 9A of said chapter 211B is hereby amended by striking out clause (xiii), as so appearing, and inserting in place thereof the following clause:-

(xiii)(a) notwithstanding any general or special law to the contrary, from July 1 through April 30 of any fiscal year, to transfer funds from any item of appropriation of any trial court department to any other item of appropriation within the same trial court department; provided, however, that the transfers shall be made in accordance with schedules submitted to the house and senate committees on ways and means; provided further, that no such transfer shall occur until the schedules have been approved by the committees; and provided further, that the schedules shall include the reasons for the necessity of the transfers with reference to actual and projected expenditures throughout the trial court for the fiscal year;

(b)  notwithstanding any general or special law to the contrary, from May 1 through June 30 of any fiscal year, to transfer an amount not to exceed $65,000 from any item of appropriation of any trial court department to any other item of appropriation within the same trial court department; provided, however, that any funds transferred from an (AA) subsidiary, as defined in the schedule of subsidiary accounts, established by the house and senate committees on ways and means under section 27 of chapter 29 of any item of appropriation may only be transferred to the (AA) subsidiary of any other item of appropriation within the same department of the trial court; and provided further, that funds shall not be transferred into an (AA) subsidiary of any item of appropriation other than from another (AA) subsidiary of any item of appropriation within the same department of the trial court;

SECTION 342. Said section 9A of said chapter 211B is hereby further amended by striking out, in line 113, as so appearing, the words “the court administrator shall”.

SECTION 343.  Said section 9A of said chapter 211B is hereby further amended by striking out, in line 128, as so appearing, the words “the court administrator shall be authorized”.

SECTION 344. Said section 9A of said chapter 211B is hereby further amended by striking out, in line 132, as so appearing, the following words, “the court administrator shall”.

SECTION 345. Said section 9A of said chapter 211B is hereby further amended by striking out, in line 136, as so appearing, the word “any” and inserting in place thereof  the following words:- resolve any.

SECTION 346. Said section 9A of said chapter 211B is hereby further amended by striking out, in line 140, as so appearing, the words “shall be” and inserting in place thereof the following words:- which is.

SECTION 347. Said section 9A of said chapter 211B is hereby further amended by striking out, in lines 146 and 169, as so appearing, each time they appear, the words “the court administrator shall”.

SECTION 348. Clause (xix) of said section 9A of said chapter 211B, as so appearing, is hereby amended by striking out the words “for the purpose of providing” and inserting in place thereof the following words:- to provide.

SECTION 349. Said section 9A of said chapter 211B is hereby further amended by striking out clause (xxi), as so appearing, and inserting in place thereof the following clause:-

(xxi)  to delegate such responsibilities and powers under this section and as otherwise provided by law to a deputy court administrator, court officer, clerk or any employee of the administrator’s department, for such period of time and with such limitations as the court administrator may impose, if in the opinion of the court administrator such delegation of authority will expedite the judicial business of the trial court;

SECTION 350. Section 10A of said chapter 211B, as so appearing, is hereby amended by striking out, in lines 1, 2 and 22 the word “his” and inserting in place thereof, in each instance, the following words:- the first justice’s.

SECTION 351. Said section 10A of said chapter 211B, as so appearing, is hereby further amended by striking out clauses (i) to (iv), inclusive, and inserting in place thereof the following 4 clauses:-

(i) the power, subject to the approval of the deputy court administrator of the justice’s department, to appoint, dismiss, discipline, supervise, assign, evaluate, transfer and define the duties of all non-judicial personnel within the justice’s court, including special masters, court reporters, law clerks and other support personnel; except personnel in the office of the clerk, recorder or register; provided, however, that any such non-judicial personnel aggrieved by any action under this paragraph may appeal to the deputy court administrator who shall forthwith hear and determine the matter; provided, further that any person aggrieved by a decision of the deputy court administrator under this paragraph may appeal the decision to the court administrator, who shall, within 30 days, hear and determine the matter;

(ii)  the power, subject to the approval of the chief justice of the justice’s department, to supervise and assign duties to all justices appointed to or assigned to the justice’s court; and to authorize such justices to delegate the calling of the list to the clerk of the court as appropriate to the administration of justice;

(iii)  the responsibility to bring to the attention of the deputy court administrator of the justice’s department all disputes concerning all clerks, recorders and registers, or their personnel, appointed to or assigned to the justice’s court; provided, however, that any person aggrieved by any action under this paragraph may appeal to the deputy court administrator of the department who shall forthwith hear and determine the matter; provided, further that any person aggrieved by a decision of the deputy court administrator under this paragraph may appeal the decision to the court administrator, who shall, within 30 days, hear and determine the matter; and

(iv)   periodically prepare and submit to the deputy court administrator of the justice’s department an estimate, in detail, for the ordinary maintenance of the division or place for holding court, and all revenues therefrom as provided in clause (5) of the first paragraph of section 3 of chapter 29.  The estimate shall include estimates of all sums which the commonwealth is obligated to pay under chapter 29A, together with any information which the deputy court administrator may require. In turn, the deputy court administrator shall periodically prepare and submit to the court administrator an estimate, in detail, for the ordinary maintenance of the first paragraph of section 3 of chapter 29. The estimate shall include salaries of all officers and employees within the office and shall include estimates of all sums which the commonwealth is obligated to pay under chapter 29A, together with any other information which the court administrator may require.

SECTION 352. Subsection (d) of section 10B of said chapter 211B, as so appearing, is hereby amended by striking out, in line 29, the words “clause (xxx)” and inserting in place thereof the following words:-  clause (xx).

SECTION 353. The first paragraph of section 12 of said chapter 211B, as so appearing, is hereby amended by striking out the fourth sentence and inserting in place thereof the following sentence:- The court administrator shall hold  that office for a term of 5 years, shall be eligible to be reappointed for additional 5-year terms and shall devote full time to the duties of the office. 

SECTION 354.  Section 2 of chapter 217 of the General Laws, as so appearing, is hereby amended by striking out, in line 27,  the word “his” and inserting in place thereof the following word:- the.

SECTION 355. Section 58 of chapter 218 of the General Laws, as so appearing, is hereby amended by striking out, in lines 31 and 34,  the word “his” and inserting in place thereof, in each instance, the following word:- the.

SECTION 356.  Section 85V of chapter 231 of the General Laws, as so appearing, is hereby amended by striking out, in line 22, the words “mentally retarded” and inserting in place thereof the following words:-  intellectually disabled.

SECTION 357. Section 23E of chapter 233 of the General Laws, as so appearing, is hereby amended by striking out, in lines 34 and 47, the words “mental retardation” and inserting in place thereof, in each instance, the following words:-  an intellectual disability.

SECTION 358.  Section 34 of chapter 262 of the General Laws, as so appearing, is hereby amended by striking out, in lines 55, 59, 66 and 70, the words “telecommunications and energy” and inserting in place thereof, in each instance, the following words:-  public utilities.

SECTION 359.  Section 13F of chapter 265 of the General Laws, as so appearing, is hereby amended by striking out, in lines 20 and 21, the words “mentally retarded person upon another mentally retarded person” and inserting in place thereof the following words:-  person with an intellectual disability upon another person with an intellectual disability.

SECTION 360.  Section 120D of chapter 266 of the General Laws, as so appearing, is hereby amended by striking out, in line 41, the words “telecommunications and energy” and inserting in place thereof the following words:-  public utilities.

SECTION 361.  Section 7 of chapter 268A of the General Laws, as so appearing, is hereby amended by striking out, in line 63, the words “mentally retarded” and inserting in place thereof the following words:-  intellectually disabled.

SECTION 362.  Section 9 of chapter 276A of the General Laws, as so appearing, is hereby amended by striking out, in line 5, the words “deputy director of the division of employment and training” and inserting in place thereof the following words:-  director of career services.

SECTION 363.  Section 1 of chapter 2 of the acts of 1973 is hereby amended by striking out, in line 2, the word “Districting” and inserting in place thereof the following words:-  District.

SECTION 364.  Chapter 36 of the acts of 2012 is hereby amended by striking out section 24 and inserting in place thereof the following section:-

Section 24.  Item 1599-1705 of section 2A of chapter 52 of the acts of 2011 is hereby amended by adding the following words:- ; and provided further, that $353,000 shall be expended for reimbursements to school districts for education transportation cost increases due to the tornado.

SECTION 365.  Subsection (a) of section 34 of chapter 240 of the acts of 2012 is hereby amended by inserting after the word “commissioner”, in line 9, the following word:-  of.

SECTION 366.  Said subsection (a) of said section 34 of said chapter 240 is hereby further amended by inserting after the word “of”, in line 10, the second time it appears, the following word:-  elementary.

SECTION 367.  Subsection (c) of section 35 of said chapter 240 is hereby amended by inserting after the word “program”, in line 3, the following word:-  in.

SECTION 368.  Section 4 of chapter 196 of the acts of 2014 is hereby amended by striking out the word “section 1” and inserting in place thereof the following word:-  section 3.

SECTION 369.  Chapter 212 of the acts of 2014 is hereby amended by striking out the first sentence and inserting in place thereof the following sentence:-  The Essex probate and family court in the city of Salem shall be designated and known as the Thaddeus Buczko Building, in honor of the Honorable Thaddeus Buczko, the former justice of the Essex county probate and family court, Massachusetts state auditor, city councilor of the city of Salem, and member of the Massachusetts house of representatives.

SECTION 370.  Chapter 255 of the acts of 2014 is hereby amended by striking out sections 3 and 4 and inserting in place thereof the following 2 sections:-    

Section 3.  Subject to appropriation, the department of developmental services shall contract with an independent research organization or academic institution not later than August 1, 2019 to evaluate self-determination authorized in section 21 of chapter 19B of the General Laws and recommend improvements to the self-determination option.

Section 4.  Notwithstanding any general or special law to the contrary, the department of developmental services shall only approve 1 qualified financial management service provider under clause (ix) of subsection (e) of section 21 of chapter 19B of the General Laws.

The department of developmental services shall hold a meeting, briefing or orientation at least once annually under clause (xvi) of subsection (e) of section 21 of chapter 19B of the General Laws.

SECTION 371.  Said chapter 255 of the acts of 2014 is hereby further amended by striking out section 7 and inserting in place thereof the following section:- 

Section  7.  The state auditor, pursuant to section 12 of chapter 11 of the General Laws, shall audit the self-determination option established under section 21 of chapter 19B of the General Laws at least once during the first 4 years of its operation.

SECTION 372. The first sentence of subsection (a) of section 54 of chapter 286 of the acts of 2014 is hereby amended by striking out the figure “11” and inserting in place thereof the following figure:- 16.

SECTION 373.  Chapter 294 of the acts of 2014 is hereby repealed.

SECTION 374.  Section 9 shall take effect as of June 6, 2014.

SECTION 375.  Section 10 shall take effect as of July 23, 2014.

SECTION 376.  Section 15VVVVV of chapter 6 of the General Laws, inserted by section 11, shall take effect as of June 6, 2014.

SECTION 377.  Section 15WWWWW of chapter 6 of the General Laws, inserted by section 11, shall take effect as of July 23, 2014.

SECTION 378.  Section 15XXXXX of chapter 6 of the General Laws, inserted by section 11, shall take effect as of November 18, 2014.

SECTION 379.  Section 172M of chapter 6 of the General laws, inserted by section 17, shall take effect on January 1, 2015.

SECTION 380.  Section 40 shall take effect as of November 4, 2014.

SECTION 381.  Section 86 shall take effect as of August 5, 2010.

SECTION 382.  Sections 202 and 203 shall take effect as of July 1, 2013.

SECTION 383.  Section 364 shall take effect as of June 21, 2011.

SECTION 384.  Section 373 shall take effect as of November 18, 2014.