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The 191st General Court of the Commonwealth of Massachusetts

AN ACT MAKING CERTAIN CORRECTIVE CHANGES IN CERTAIN GENERAL AND SPECIAL LAWS.

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


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


SECTION 1. Chapter 6 of the General Laws is hereby amended by striking out sections 205 to 208, inclusive, inserted by section 20A of chapter 60 of the acts of 1994, and inserting in place thereof the following four sections:-

Section 209. There is hereby established a Massachusetts office of volunteerism, in this section and in sections 210 to 213, inclusive, called the office, consisting of an executive director, in this section and in said sections 210 to 213, inclusive, called the director, and an advisory council, as hereinafter described. The director shall be appointed by the governor after consultation with the advisory council, and shall serve at the pleasure of the governor. The director shall, at the time of appointment, have substantial professional experience in the field of volunteer administration, to all aspects of, including but not limited to, human resource management, communications, fund raising, training and education. The position of director shall be classified in accordance with section 45 of chapter 30, and the salary shall be determined in accordance with section 46C of said chapter 30. The director shall, with the advice of the advisory council, have sole charge of the supervision and administration of the office. The director may, subject to appropriation, employ and remove such assistant directors and other employees and consultants as may be deemed necessary to enable the performance of duties. The provisions of chapter 31 and section 9A of chapter 30 shall not apply to the director or to such assistant directors and consultants as may be appointed. In making such appointments, the director shall make every reasonable effort to ensure that volunteers are actively involved and that persons having experience with volunteer efforts are employed.

Section 210. Subject to the approval of the secretary of administration, the director may apply for and accept on behalf of the commonwealth any federal, local or private grants of money or property, whether real or personal, from any source, whether public or private, bequests, gifts or contributions to aid the financing of any of the programs or policies of the office. Such funds shall be received by the state treasurer on behalf of the commonwealth and deposited in a separate account and shall be expended under the direction of the director, with the approval of the secretary of administration.

The office may make agreements with other departments and agencies of the commonwealth and may contract with other individuals, organizations, corporations, associations and other legal entities including private agencies, or any department or agencies of the federal government or the commonwealth or any political subdivisions thereof, to carry out any of the functions and purposes of the office. The director shall establish standards and procedures governing such agreements and contracts subject to the approval of the secretary of administration.

Section 211. The office, in order to plan, initiate, promote and evaluate a statewide program of services on behalf of the volunteer community shall have the following powers and duties:

(a) identify, coordinate and share information on resources on volunteerism and to encourage the participation of all segments of the community in volunteerism;

(b) to provide the volunteer community with technical information and access to the skills and knowledge necessary to make current programs more effective, and to encourage their growth and experimentation with new ideas;

(c) to be an advocate for volunteerism to help build within the commonwealth a positive climate for volunteerism that addresses issues of leadership, recognition, legislation, and change;

(d) to encourage the corporate community of the commonwealth to become an active partner in the support of volunteer services in the commonwealth, in the public and not-for-profit sectors, in the areas of youth development and education, on policy-making boards, and with the encouragement of employees' participation in volunteer efforts;

(e) to serve as a clearinghouse, to facilitate the sharing of ideas, materials and experiences; to recognize and promote successful learning models and service opportunities in a statewide network, identifying projects with the most valuable learning potential and thereby reducing duplication of efforts and costs;

(f) to assist and support public sector volunteer programs;

(g) (1) to prepare and submit to the governor an annual report which shall be a public document which shall include the description and evaluation of activities of the office in implementing the aforementioned duties and functions, (2) to prepare and submit a description, evaluation and analysis of public policies, programs, services and regulations that affect or may affect volunteer efforts and services, (3) prepare and submit recommendations for the development, coordination and improved responsiveness of such policies, programs, services and regulations.

Section 212. In order to fulfill the functions of the office such information as the director may require shall be made available upon request by any department, division, board, bureau, commission, or agency of the commonwealth.

SECTION 2. Said chapter 6 is hereby further amended by striking out section 209, as appearing in the 1994 Official Edition, and inserting in place thereof the following section:-

Section 213. The governor initially shall appoint an advisory council of volunteerism which shall consist of no fewer than 12 and no more than 20 members. Persons shall be eligible for appointment if their positions, knowledge or experience enables them to represent the concerns, needs and recommendations of volunteerism and if they have been recommended by the director. The council shall at all times be persons actively engaged in activities concerning volunteerism. Each member shall serve for a term of four years as governed by council by-laws.

The director initially shall nominate persons whose service will ensure representations of the interests of the volunteer community at large from all areas of the commonwealth. Council membership shall include at least three current volunteer administrators; a minimum of one representative from the corporate sector, a minimum of one representative from community service programming in education, and one volunteer. The director's nominations shall be named from a list provided by consumer groups, health and human services agencies or individuals representing such volunteers.

Once established, the advisory council shall elect a chairperson and establish by-laws which will govern all aspects of its operation. These by-laws shall be subject to the approval of the governor. The advisory council shall meet at least eight times a year, and shall serve without compensation but shall be reimbursed for expenses necessarily incurred in the performance of their duties.

Said advisory council shall advise the director on policy, planning, and the need of the commonwealth for programs and services encouraging and strengthening the volunteer system in the commonwealth; assist the director in establishing priorities for office activities; and annually review the programs, budgets, and policies of the office.

SECTION 3. Paragraph (b) of section 4A of chapter 7 of the General Laws, as appearing in section 35 of chapter 151 of the acts of 1996, is hereby amended by striking out the first sentence and inserting in place thereof the following sentence:- The human resources division shall be headed by a personnel administrator who shall also serve as assistant secretary for human resources.

SECTION 4. Section 23 of said chapter 7, as appearing in the 1994 Official Edition, is hereby amended by striking out, in line 2, the words "the preceding section, and inserting in place thereof the following words:- section 22.

SECTION 5. Section 50 of said chapter 7, as most recently amended by section 3 of chapter 306 of the acts of 1996, is hereby further amended by striking out the introductory paragraph and inserting in place thereof the following introductory paragraph:-

The public employee retirement administration commission, established under section 4A, shall have general responsibility for the efficient administration of the public employee retirement system, under chapter 32. The public employee retirement administration commission's powers and duties shall include, but not be limited to:.

SECTION 6. Chapter 19A of the General Laws is hereby amended by striking out section 37, added by chapter 306 of the acts of 1993, and inserting in place thereof the following section:-

Section 38. No person trained and designated by the department of elder affairs as a counselor or coordinator in the serving health information needs of elders program, whether acting on a compensated or volunteer basis shall be liable in any civil or criminal action by reason of the good faith performance of his official duties. The department shall make publicly available a description of the function and the responsibilities of such counselor.

SECTION 7. Section 7 of chapter 21 of the General Laws, as amended by section 3 of chapter 453 of the acts of 1996, is hereby further amended by striking out the second sentence and inserting in place thereof the following sentence:- Five board members shall be appointed from one of each of the five fish and game districts, at least one of whom shall have been actively engaged in farming on land owned by him for a period of not less than five years.

SECTION 8. Chapter 29 of the General Laws is hereby amended by striking out section 2GG, inserted by section 1 of chapter 413 of the acts of 1996, and inserting in place thereof the following section:-

Section 2JJ. There shall be established and set up on the books of the commonwealth a separate fund to be known as the Child Care Quality Fund. There shall be credited to said Fund revenues received from the sale of Invest in Children distinctive registration plates issued pursuant to subsection (b) of section 2E of chapter 90. Amounts credited to said fund shall be available for expenditure by the commissioner of the office for children for providing grants to not for profit child care organizations for the purpose of improving child care services including, but not limited to, teacher training, training and education of consumers and parents, the purchase of educational curricula and materials, specialized training for bilingual and bicultural providers and consumers and technical assistance for acquiring accreditation by the National Association for the Education of Young Children.

SECTION 9. Chapter 32 of the General Laws is hereby further amended by striking out section 100A, as amended by section 4 of chapter 220 of the acts of 1995, and inserting in place thereof the following section:-

Section 100A. (a) Notwithstanding any other provision of this chapter or any other general or special law to the contrary, there shall be paid a killed in the line of duty benefit, to be administered and paid for, subject to appropriation, by the state board of retirement.

(b) The state board of retirement shall adopt regulations to administer said benefit.

(c) The killed in the line of duty benefit shall be a one-time award in the amount of $100,000, payable to the family of a firefighter, public prosecutor, police officer or corrections officer who while in the performance of his duties and as a result of incident, accident or violence, is killed or sustains injuries which are the direct and proximate cause of his death.

(d) The $100,000 killed in the line of duty benefit shall be in addition to amounts payable under section 100 and shall be payable to the family of the deceased public safety employee in a manner determined by the state board of retirement. As used in this section, the word "family" shall mean the surviving spouse of such firefighter, public prosecutor, police officer or corrections officer, or, if there is no surviving spouse, the child or children of such firefighter, public prosecutor, police officer or corrections officer, or, if there is no surviving child, the parent of such firefighter, public prosecutor, police officer or corrections officer. The board, at its discretion, may purchase life insurance for the purpose of paying said benefit.

(e) The presumptions created by section 94, 94A and 94B shall not apply to eligibility for the $100,000 killed in the line of duty benefit.

(f) The $100,000 killed in the line of duty benefit shall not be taxable by the commonwealth.

(g) This section shall apply in the case of the death of a public prosecutor occurring on or after January 1, 1995.

SECTION 10. The General Laws are hereby amended by striking out chapter 40 O, inserted by section 1 of chapter 368 of the acts of 1994, and inserting in place thereof the following chapter:-


CHAPTER 40P. The Massachusetts Rent Control Prohibition Act.

Section 1. This chapter shall be known as The Massachusetts Rent Control Prohibition Act.

Section 2. The purpose of this chapter is to establish a uniform statewide policy that broadly prohibits any regulatory scheme based upon or implementing rent control, except where, following an initial six month period, compliance with such a scheme is voluntary and uncoerced on the part of property owners. Even when voluntary, rent control should be severely restricted in scope. This policy is based on the belief that the public is best served by free market rental rates for residential properties and by unrestricted home ownership. The terms of this chapter shall be liberally construed to effect this purpose.

Section 3. For purposes of this chapter, the words "rent control" shall mean:

(a) any regulation that in any way requires below-market rents for residential properties; and

(b) any regulation that is part of a regulatory scheme of rent control as defined in clause (a), including the regulation of occupancy, services, evictions, condominium conversion and the removal of properties from such rent control scheme; except that

(c) this definition does not include the regulation of, or agreements affecting, publicly owned housing, publicly subsidized housing, federally assisted housing, or mobile homes.

Section 4. No city or town may enact, maintain or enforce rent control of any kind, except that any city or town that accepts this chapter may adopt rent control regulation that provides:

(a) after six months from the date of the initial adoption of rent control regulation by a particular city or town, compliance on the part of property owners as to the rent control regulation or any subsequently adopted rent control regulation shall be entirely voluntary and uncoerced, and the property of a person or entity declining to have his or its property subjected to such regulation shall be wholly unaffected by any aspect of the rent control regulation or any subsequently adopted rent control regulation;

(b) such regulation may not include the regulation of occupancy, services, evictions, condominium conversion or the removal of properties from such regulation, nor may such regulation apply to any rental unit that is owned by a person or entity owning less than ten rental units or that has a fair market rent exceeding $400; and

(c) a municipality adopting such regulation shall compensate owners of rent controlled units for each unit in the amount of the difference between the unit's fair market rent and the unit's below market, rent controlled rent, with such compensation coming from the municipality's general funds, so that the cost of any rent control shall be borne by all taxpayers of a municipality and not by the owners of regulated units only.

Section 5. Because rent control is a matter of statewide concern, this chapter shall preempt, supersede or nullify any inconsistent, contrary or conflicting state or local law.

SECTION 11. Section 42A of chapter 54 of the General Laws, as amended by section 1 of chapter 389 of the acts of 1996, is hereby further amended by striking out the first sentence and inserting in place thereof the following sentence:- The state secretary and the city or town clerks shall cause each question appearing upon ballots prepared by them to be designated as follows: Questions submitted to the people under Article XLVIII of the Amendments to the Constitution of the Commonwealth shall appear first in order upon the ballot numbered consecutively, and the first such question so appearing shall be designated by the numeral 1; additional questions shall follow numbered so that all questions appearing upon such ballot shall be numbered consecutively; provided, however, that the fair, concise summary of any measure submitted to the voters under the provisions of said Article XLVIII shall be accompanied on the ballot by the one sentence statement describing the effect of a yes or no vote, prepared as required in section 53.

SECTION 12. Section 7A of chapter 89 of the General Laws, as appearing in the 1994 Official Edition, is hereby amended by striking out, in line 34, the word "lines" and inserting in place thereof the following word:- lanes.

SECTION 13. Section 2D of chapter 111 of the General Laws, as so appearing, is hereby amended by striking out the definition of "Sero-positive" and inserting in place thereof the following definition:-

"Seropositive", the status of having tested positive for HIV antibodies.

SECTION 14. Section 4K of said chapter 111, as so appearing, is hereby amended by striking out, in lines 14 and 15, the words "such provider's compliance with state and federal standards,".

SECTION 15. Section 5J of said chapter 111, as so appearing, is hereby amended by striking out, in line 6, the word "answers" and inserting in place thereof the following word:- answer.

SECTION 16. Section 25C of said chapter 111 is hereby amended by striking out, in line 33, as so appearing, the word "of" and inserting in place thereof the following word:- or.

SECTION 17. Section 25D of said chapter 111, as so appearing, is hereby amended by striking out, in line 15, the first time it appears, the word "of" and inserting in place thereof the following word:- or.

SECTION 18. Section 27B of said chapter 111, as so appearing, is hereby amended by striking out, in line 87, the words "vice chairman" and inserting in place thereof the following word:- vice-chairman.

SECTION 19. Section 31C of said chapter 111, as so appearing, is hereby amended by striking out, in line 38, the word "of fence" and inserting in place thereof the following word:- offense.

SECTION 20. Section 150A of said chapter 111, as so appearing, is hereby amended by striking out, in line 86, the first time it appears, the word "the".

SECTION 21. Section 150A½ of said chapter 111, as so appearing, is hereby amended by striking out, in line 33, the word "a".

SECTION 22. Section 170 of said chapter 111, as so appearing, is hereby amended by striking out, in line 1, the word "wilfully" and inserting in place thereof the following word:- willfully.

SECTION 23. Section 189A of said chapter 111, as so appearing, is hereby amended by striking out, in line 20, the word "title," and inserting in place thereof the following word:- title;.

SECTION 24. Section 192A of said chapter 111, as so appearing, is hereby amended by striking out, in line 1, the word ", approve" and inserting in place thereof the following word:- approve.

SECTION 25. Section 197 of said chapter 111, as so appearing, is hereby amended by striking out, in line 5, the word "subsections" and inserting in place thereof the following word:- subsection.

SECTION 26. Section 197B of said chapter 111, as so appearing, is hereby amended by striking out, in line 44, the word "a" and inserting in place thereof the following word:- an.

SECTION 27. Section 197C of said chapter 111, as so appearing, is hereby amended by striking out, in line 19, the word "a" and inserting in place thereof the following word:- an.

SECTION 28. Said section 197C of said chapter 111, as so appearing, is hereby further amended by inserting after the word "blood", in line 21, the following word:- lead.

SECTION 29. Section 198 of said chapter 111, as so appearing, is hereby amended by striking out, in line 12, the word "is" and inserting in place thereof the following word:- be.

SECTION 30. Section 8 of chapter 111D of the General Laws, as so appearing, is hereby amended by striking out, in line 64, the word "provided." and inserting in place thereof the following word:- provided;.

SECTION 31. Section 18 of chapter 111E of the General Laws, as so appearing, is hereby amended by striking out, in line 14, the word "the" and inserting in place thereof the following word:- and.

SECTION 32. Section 3 of chapter 111F of the General Laws, as so appearing, is hereby amended by inserting after the word "that", in line 22, the following word:- a.

SECTION 33. Section 11 of chapter 111H of the General Laws, as so appearing, is hereby amended by striking out, in line 2, the word "twelve" and inserting in place thereof the following word:- twelve,.

SECTION 34. Said section 11 of said chapter 111H, as so appearing, is hereby further amended by striking out, in line 19, the word "section" and inserting in place thereof the following word:- sections.

SECTION 35. Section 5F of chapter 112 of the General Laws, as so appearing, is hereby amended by striking out, in line 18, the word "its" and inserting in place thereof the following word:- it.

SECTION 36. Section 12R of said chapter 112, as so appearing, is hereby amended by striking out, in line 15, the words "section Within" and inserting in place thereof the following words:- section. Within.

SECTION 37. Section 23E of said chapter 112 is hereby amended by striking out, in line 1, as so appearing, the word "prevention" and inserting in place thereof the following word:- preventing.

SECTION 38. Said section 23E of said chapter 112, as so appearing, is hereby further amended by striking out, in line 3, the word "Commonwealth" and inserting in place thereof the following word:- commonwealth.

SECTION 39. Section 24B of said chapter 112, as so appearing, is hereby amended by striking out, in line 12, the word "nonresidents" and inserting in place thereof the following word:- non-residents.

SECTION 40. Section 43A of said chapter 112, as so appearing, is hereby amended by striking out the definition of "Dental hygienists" and inserting in place thereof the following definition:-

"Dental hygienist", a person registered and licensed by the board, pursuant to the provisions of section 51.

SECTION 41. Section 53 of said chapter 112, as so appearing, is hereby amended by striking out, in line 12, the words "or her".

SECTION 42. Section 60N of said chapter 112, as so appearing, is hereby amended by inserting after the word "provisions", in line 2, the following words:- of sections.

SECTION 43. Section 81J of said chapter 112, as so appearing, is hereby amended by inserting after the word "of", in line 141, the following word:- a.

SECTION 44. Section 81P of said chapter 112, as so appearing, is hereby amended by striking out, in line 28, the word "subpoenas" and inserting in place thereof the following word:- subpoena.

SECTION 45. Section 87C½ of said chapter 112, as so appearing, is hereby amended by striking out, in line 68, the word "eighty-seven D" and inserting in place thereof the following word:- 87D½.

SECTION 46. Section 87D of said chapter 112, as so appearing, is hereby amended by inserting after the word "eighty-seven B½", in line 57, the following word:- shall.

SECTION 47. Section 87DD of said chapter 112, as so appearing, is hereby amended by inserting after the word "is", in line 11, the following word:- in.

SECTION 48. Section 87EE of said chapter 112, as so appearing, is hereby amended by striking out, in line 12, the word "at".

SECTION 49. Section 87QQ of said chapter 112, as so appearing, is hereby amended by striking out, in line 27, the word "such: a" and inserting in place thereof the following word:- such; a.

SECTION 50. Section 87GGG of said chapter 112, as so appearing, is hereby amended by inserting after the word "fee", in line 4, the following word:- as.

SECTION 51. Section 45 of chapter 114 of the General Laws, as so appearing, is hereby amended by striking out, in line 16, the first time it appears, the word "a".

SECTION 52. Section 28 of chapter 119 of the General Laws is hereby amended by striking out subsection (b), as amended by section 55 of chapter 5 of the acts of 1995, and inserting in place thereof the following subsection:-

(b) Actions under this section to establish support of a child may be commenced by a parent, whether a minor or not; by the child; by the child's guardian, next of kin, or other person standing in a parental relation to the child; by the authorized agent of the department of social services or any agency licensed under chapter 28A, provided that the child is in their custody; or if the child is or was a recipient of any type of public assistance, by the department of transitional assistance. In the event that someone other than the department of transitional assistance commences the action, if the parent or child is or was a recipient of any type of public assistance, the court shall notify said department of the pendency of the action and the department shall be permitted to intervene in the action.

SECTION 53. Section 2 of chapter 119A of the General Laws is hereby amended by striking out, in line 21, as appearing in the 1994 Official Edition, the words "public welfare" and inserting in place thereof the following words:- transitional assistance.

SECTION 54. Section 4 of said chapter 119A is hereby amended by striking out, in line 12, as so appearing, the words "public welfare" and inserting in place thereof the following words:- transitional assistance.

SECTION 55. Section 5 of said chapter 119A is hereby amended by striking out, in line 31, as so appearing, the words "public welfare" and inserting in place thereof the following words:- transitional assistance.

SECTION 56. Section 34B of chapter 121B of the General Laws, as so appearing, is hereby amended by striking out, in line 61, the first time it appears, the word "of" and inserting in place thereof the following word:- or.

SECTION 57. Section 2 of chapter 123A of the General Laws, as so appearing, is hereby amended by striking out, in line 4, the words "and judicated" and inserting place thereof the following word:- adjudicated.

SECTION 58. The fifth paragraph of section 2 of chapter 128C of the General Laws, as amended by section 4 of chapter 268 of the acts of 1995, is hereby further amended by striking out the fourth sentence and inserting in place thereof the following sentence:- With respect to horse racing, the greyhound racing meeting licensee located in Bristol county may simulcast with the permission of the commission every live running horse racing card of the running horse racing meeting licensee located in Suffolk county.

SECTION 59. Section 21 of chapter 131 of the General Laws, as amended by section 2 of said chapter 453 of the acts of 1996, is hereby further amended by striking out the first sentence and inserting in place thereof the following sentence:- Except as provided in sections 21A, 70, 81 and 82, nothing in this chapter shall be construed to prohibit the training of hunting dogs, so-called, or conducting or engaging in a field trial with such dogs; provided, however, that except during other open seasons promulgated by the director, no firearms may be carried by any person so training or conducting or engaging in such field trials.

SECTION 60. Said chapter 131 is hereby further amended by striking out section 21A, inserted by section 2 of chapter 453 of the acts of 1996, and inserting in place thereof the following section:-

Section 21A. It shall be unlawful to pursue or hunt bear or bobcat with the aid of a dog.

It shall be unlawful to hunt bear by the aid of baiting or knowingly to hunt bear in a baited area. "Baiting" means the placing, exposing, depositing, distributing, or scattering of any substance so as to constitute for bears a lure or attraction to areas where hunters are attempting to take them.

The prohibition on the use of a dog or baiting may be waived by the director upon written application (1) for the control of individual animals specifically identified as posing a threat to human safety or individual animals that have destroyed livestock, property or crops, and (2) for legitimate scientific research projects that are conducted in a humane manner.

Whoever violates the provisions of this section, or any rule or regulation made under the authority thereof, shall be punished by a fine of not less than $300 nor more than $1,000, or by imprisonment for not more than six months, or by both such fine and imprisonment for each violation. A person found guilty of, or convicted of, or assessed in any manner after a plea of nolo contendere, or penalized for, a second violation of this section shall surrender to an officer authorized to enforce this chapter all hunting and dog training licenses and permits issued to him and shall be barred forever from obtaining any such licenses and permits.

SECTION 61. Said chapter 131 is hereby further amended by striking out section 80A, as amended by section 1 of chapter 453 of the acts of 1996, and inserting in place thereof the following section:-

Section 80A. Notwithstanding any other provision of this chapter, a person shall not use, set, place, maintain, manufacture or possess any trap for the purpose of capturing furbearing mammals, except for common type mouse and rat traps, nets, and box or cage type traps, as otherwise permitted by law. A box or cage type trap is one that confines the whole animal without grasping any part of the animal, including Hancock or Bailey's type live trap for beavers. Other than nets and common type mouse or rat traps, traps designed to capture and hold a furbearing mammal by gripping the mammal's body, or body part are prohibited, including steel jaw leghold traps, padded leghold traps, and snares.

The above provision shall not apply to the use of prohibited devices by federal and state departments of health for the purpose of protection from threats to human health and safety.

A person or his duly authorized agent may apply to the director for a special permit to use otherwise prohibited traps on property owned by such person. Issuance of such special permits shall be governed by rules and regulations adopted by the director pursuant to chapter 30A. Such rules and regulations shall include, but not be limited to, provisions relative to the following:

The applicant shall apply to the director in writing and shall state that there exists on the property an animal problem which cannot be reasonably abated by the use of traps other than those prohibited by this section, and that the applicant has attempted to abate the problem using traps permitted under this section. If the director determines that the applicant has complied with sections 37 and 80, if required to do so, and any other laws regarding trapping, and that such an animal problem exists which cannot reasonably be abated by the use of alternative, nonlethal management techniques or traps other than those prohibited by this section, the director may authorize the use, setting, placing or maintenance of such traps, not including leghold traps, for a period not exceeding 30 days during which time the applicant shall remain in compliance with the procedures for obtaining a special permit as set forth in regulations adopted pursuant to this section.

Whoever violates any provisions of this section, or any rule or regulation made under the authority thereof, shall be punished by a fine of not less than $300 nor more than $1,000, or by imprisonment for not more than six months, or by both such fine and imprisonment for each trap possessed, used, set, placed, maintained, or manufactured. Each day of violation shall constitute a separate offense. A person found guilty of, or convicted of, or assessed in any manner after a plea of nolo contendere, or penalized for, a second violation of this section shall surrender to an officer authorized to enforce this chapter any trapping license and problem animal control permit issued to such person and shall be barred forever from obtaining a trapping license and a problem animal control permit.

SECTION 62. Section 19B of chapter 138 of the General Laws, as appearing in the 1994 Official Edition, is hereby amended by striking out, in line 127, the word "follow" and inserting in place thereof the following word:- follows.

SECTION 63. Section 21A of chapter 147 of the General Laws, as so appearing, is hereby amended by striking out, in line 10, the word ", who" and inserting in place thereof the following word:- who.

SECTION 64. Section 8 of chapter 149 of the General Laws, as so appearing, is hereby amended by striking out, in line 5, the word "shall".

SECTION 65. Section 20C of said chapter 149, as so appearing, is hereby amended by striking out, in line 37, the word "of", the first time it appears, and inserting in place thereof the following word:- or.

SECTION 66. Said section 20C of said chapter 149, as so appearing, is hereby further amended by striking out, in line 38, the word "of", the second time it appears, and inserting in place thereof the following word:- or.

SECTION 67. Section 29A of said chapter 149, as so appearing, is hereby amended by inserting after the word "bond", in line 8, the following word:- in.

SECTION 68. Section 34B of said chapter 149, as so appearing, is hereby amended by striking out, in line 3, the word "of" and inserting in place thereof the following word:- or.

SECTION 69. Section 44A of chapter 149 of the General Laws, as so appearing, is hereby amended by striking out, in line 143, the words "and hundred" and inserting in place thereof the following words:- hundred and.

SECTION 70. Section 44E of said chapter 149 is hereby amended by striking out, in line 8, as so appearing, the first time it appears, the word "or" and inserting in place thereof the following word:- of.

SECTION 71. Section 44F of said chapter 149 is hereby amended by striking out, in line 6, as so appearing, the word "dollars;" and inserting in place thereof the following word:- dollars:.

SECTION 72. Section 44J of said chapter 149 is hereby amended by striking out, in line 20, as so appearing, the word "specification" and inserting in place thereof the following word:- specifications.

SECTION 73. Section 50A of said chapter 149, as so appearing, is hereby amended by inserting after the word "or", in line 8, the following words:- the term "watchman" as used.

SECTION 74. Section 54 of said chapter 149 is hereby amended by striking out, in line 7, as so appearing, the word "or" and inserting in place thereof the following word:- of.

SECTION 75. Section 56 of said chapter 149 is hereby amended by striking out, in line 52, as so appearing, the word "that".

SECTION 76. Section 60 of said chapter 149 is hereby amended by striking out, in lines 32 and 35, as so appearing, the word "meridiem" and inserting in place thereof, in each instance, the following word:- meridian.

SECTION 77. Section 72 of said chapter 149, as so appearing, is hereby amended by striking out, in line 2, the word "the".

SECTION 78. Section 76 of said chapter 149, as so appearing, is hereby amended by striking out, in line 6, the word "inclusive" and inserting in place thereof the following word:- , inclusive.

SECTION 79. Section 79 of said chapter 149, as so appearing, is hereby amended by striking out, in line 9, the word ", this" and inserting in place thereof the following word:- this.

SECTION 80. Section 87 of said chapter 149, as so appearing, is hereby amended by striking out, in line 29, the word "own".

SECTION 81. Said section 87 of said chapter 149, as so appearing, is hereby further amended by striking out, in line 52, the words "one of the aforesaid proofs of age is objectionable" and inserting in place thereof the following words:- none of the aforesaid proofs of age are obtainable.

SECTION 82. Section 90 of said chapter 149, as so appearing, is hereby amended by striking out, in line 13, the first time it appears, the word "of" and inserting in place thereof the following word:- or.

SECTION 83. Section 132 of said chapter 149, as so appearing, is hereby amended by striking out, in line 2, the word "used" and inserting in place thereof the following word:- use.

SECTION 84. Section 142F of said chapter 149, as so appearing, is hereby amended by inserting after the word "hundred", in line 2, the first time it appears, the following word:- and.

SECTION 85. Section 145 of said chapter 149, as so appearing, is hereby amended by striking out, in line 13, the words "home workers" and inserting in place thereof the following word:- homeworkers.

SECTION 86. Section 162 of said chapter 149, as so appearing, is hereby amended by striking out, in line 5, the word "purpose" and inserting in place thereof the following word:- purposes.

SECTION 87. Section 184 of said chapter 149, as so appearing, is hereby further amended by striking out, in line 40, the word "section" and inserting in place thereof the following word:- sections.

SECTION 88. Said section 184 of said chapter 149, as so appearing, is hereby further amended by striking out, in line 68, the word "the", the first time it appears, and inserting in place thereof the following word:- The.

SECTION 89. Said section 184 of said chapter 149, as so appearing, is hereby further amended by striking out, in line 73, the word "transaction" and inserting in place thereof the following word:- transactions.

SECTION 90. Section 185 of said chapter 149 is hereby amended by striking out, in line 102, as so appearing, the second time it appears, the word "person" and inserting in place thereof the following word:- persons.

SECTION 91. Section 3 of chapter 150 of the General Laws, as so appearing, is hereby amended by striking out, in line 18, the word ", may" and inserting in place thereof the following word:- may.

SECTION 92. Section 1 of chapter 150A of the General Laws, as appearing in the 1994 Official Edition, is hereby amended by striking out, in line 46, the word ", and" and inserting in place thereof the following word:- ; and.

SECTION 93. Section 16 of chapter 150C of the General Laws, as so appearing, is hereby amended by striking out, in line 1, the word "(a) An" and inserting in place thereof the following word:- An.

SECTION 94. Section 3 of chapter 150E of the General Laws, as so appearing, is hereby amended by striking out, in line 16, the second time it appears, the word "of" and inserting in place thereof the following word:- or.

SECTION 95. Section 17 of chapter 151 of the General Laws, as amended by section 447 of chapter 151 of the acts of 1996, is hereby further amended by striking out the words "other than place of employment" and inserting in place thereof the following words:- other than places of employment.

SECTION 96. Section 8 of chapter 151A of the General Laws, as appearing in the 1994 Official Edition, is hereby amended by striking out, in line 17, the word "or," and inserting in place thereof the following word:- or.

SECTION 97. Said section 8 of said chapter 151A, as so appearing, is hereby further amended by striking out, in line 40, the word "chapter." and inserting in place thereof the following word:- chapter; or.

SECTION 98. Section 14A of said chapter 151A is hereby amended by striking out, in line 64, as so appearing, the word "paragraphs" and inserting in place thereof the following word:- paragraph.

SECTION 99. Section 29D of said chapter 151A is hereby amended by striking out, in line 164, as so appearing, the word "director" and inserting in place thereof the following word:- commissioner.

SECTION 100. Section 41 of said chapter 151A, as so appearing, is hereby amended by striking out, in line 3, the word "act" and inserting in place thereof the following word:- fact.

SECTION 101. Section 58 of said chapter 151A, as so appearing, is hereby amended by striking out, in line 21, the word "directory" and inserting in place thereof the following word:- director.

SECTION 102. Said section 58 of said chapter 151A, as so appearing, is hereby further amended by striking out, in line 57, the word "section" and inserting in place thereof the following word:- sections.

SECTION 103. Section 66 of said chapter 151A, as so appearing, is hereby amended by striking out, in line 39, the word "therefore" and inserting in place thereof the following word:- therefor.

SECTION 104. Section 71C of said chapter 151A, as so appearing, is hereby amended by striking out, in line 12, the word "sections" and inserting in place thereof the following word:- section.

SECTION 105. Section 4 of chapter 151B of the General Laws, as so appearing, is hereby amended by striking out, in line 392, the word "renting" and inserting in place thereof the following word:- rental.

SECTION 106. Said section 4 of said chapter 151B, as so appearing, is hereby further amended by striking out, in line 396, the word "rent" and inserting in place thereof the following word:- rental.

SECTION 107. Section 3 of chapter 151D of the General Laws, as appearing in the 1994 Official Edition, is hereby amended by striking out, in line 13, the word "for", the first time it appears, and inserting in place thereof the following word:- or.

SECTION 108. Said section 3 of said chapter 151D, as so appearing, is hereby further amended by striking out, in line 110, the second time it appears, the word "of" and inserting in place thereof the following word:- or.

SECTION 109. Section 13 of said chapter 151D, as so appearing, is hereby amended by striking out, in line 27, the word "then" and inserting in place thereof the following word:- the.

SECTION 110. Chapter 156C of the General Laws is hereby amended by striking out section 66, as appearing in section 18 of chapter 281 of the acts of 1995, and inserting in place thereof the following section:-

Section 66. Any recordable instrument purporting to affect an interest in real property, including without limitation, any deed, lease, notice of lease, mortgage, discharge or release of mortgage, assignment of mortgage, easement and certificate of fact, executed in the name of a limited liability company by any person who is identified on the certificate of organization, as amended, of a domestic limited liability company, or on the application for registration, as amended, of a foreign limited liability company, as a manager or as a person authorized to execute, acknowledge, deliver and record recordable instruments affecting interests in real property, shall be binding on the limited liability company in favor of a seller, purchaser, grantor, grantee, lessor, lessee, mortgagor, mortgagee, and any other person relying in good faith on such instrument, notwithstanding any inconsistent provisions of the operating agreement, side agreements among the members or managers, by-laws or rules, resolutions or votes of the limited liability company.

SECTION 111. Section 5 of chapter 168 of the General Laws, as appearing in the 1994 Official Edition, is hereby amended by striking out, in line 33, the word "government" and inserting in place thereof the following word:- governing.

SECTION 112. Section 39 of said chapter 168, as so appearing, is hereby amended by striking out, in line 30, the word "shall".

SECTION 113. Section 11A of chapter 175 of the General Laws, as so appearing, is hereby amended by striking out, in line 1, the word ", shall" and inserting in place thereof the following word:- shall.

SECTION 114. Section 5C of chapter 175A of the General Laws, as so appearing, is hereby amended by striking out, in line 565, the word "person" and inserting in place thereof the following word:- reports.

SECTION 115. The definition of "Health plan" in section 1 of chapter 176M of the General Laws, as amended by section 9 of chapter 467 of the acts of 1996, is hereby further amended by striking out the second sentence and inserting in place thereof the following sentence:- The words "health plan" shall not include accident only, credit or dental insurance, hospital indemnity insurance policies which for the purposes of this chapter shall mean policies issued pursuant to chapter 175 which provide a benefit not to exceed $250 per day, as adjusted on an annual basis by the amount of increase in the average weekly wage in the commonwealth as defined in chapter 152, to be paid to an insured or a dependent, including the spouse of an insured, on the basis of a hospitalization of the insured or a dependent, or disability income insurance, coverage issued as a supplement to liability insurance, insurance arising out of a worker's compensation law or similar law, automobile medical payment insurance, insurance under which benefits are payable with or without regard to fault and which is statutorily required to be contained in a liability insurance policy or equivalent self insurance, long term care only insurance, or any policy subject to the provisions of chapter 176K.

SECTION 116. Section 13 of chapter 211D of the General Laws, as appearing in the 1994 Official Edition, is hereby amended by striking out, in line 20, the word "counsel" and inserting in place thereof the following word:- defender.

SECTION 117. Section 26 of chapter 218 of the General Laws, as so appearing, is hereby amended by striking out, in line 42, the word "section" and inserting in place thereof the following word:- , section.

SECTION 118. Section 108 of chapter 231 of the General Laws, as so appearing, is hereby amended by striking out, in line 26, the word "know" and inserting in place thereof the following word:- known.

SECTION 119. Section 5A of chapter 252 of the General Laws, as so appearing, is hereby amended by striking out, in line 15, the words "mosquito and greenhead fly control fund" and inserting in place thereof the following words:- Mosquito and Greenhead Fly Control Fund.

SECTION 120. Section 23A of chapter 276 of the General Laws, as so appearing, is hereby amended by striking out, in line 36, the word "prosection" and inserting in place thereof the following word:- prosecution.

SECTION 121. Section 6A of chapter 279 of the General Laws, as so appearing, is hereby amended by striking out, in lines 10 and 12, the word "meridiem" and inserting in place thereof, in each instance, the word:- meridian.

SECTION 122. Section 71 of said chapter 279, as so appearing, is hereby amended by striking out, in line 12, the word "outweight" and inserting in place thereof the following word:- outweigh.

SECTION 123. Section 34 of chapter 438 of the acts of 1896, as amended by section 33 of chapter 189 of the acts of 1992, is hereby further amended by adding the following paragraph:-

There shall be a conservation commission consisting of seven members, who shall be residents of the city of Holyoke, appointed by the mayor subject to confirmation by the city council. The members shall be appointed for three year terms commencing on the first Tuesday in February. Any vacancy shall be filled for the unexpired term in the same manner as an original appointment. A member may be removed for cause in the manner provided by section 8C of chapter 40 of the General Laws.

SECTION 124. Section 192 of chapter 151 of the acts of 1996 is hereby repealed.

SECTION 125. Section 247 of chapter 151 of the acts of 1996 is hereby repealed.

SECTION 126. Chapter 494 of the acts of 1996 is hereby repealed.

SECTION 127. Sections 7, 59, 60 and 61 shall take effect as of December 5, 1996. Section 10 shall take effect as of January 1, 1995.

Approved June 6, 1997.