Chapter 463

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 to make forthwith 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. Paragraph (b) of subsection (6) of section 66 of chapter 3 of the General Laws, as appearing in section 1 of chapter 138 of the acts of 1998, is hereby amended by striking out the first sentence and inserting in place thereof the following sentence:- The commission may accept and solicit funds, including any gifts, donations, grants or bequests or any federal funds, for any of the purposes of this section.

SECTION 2. Chapter 6 of the General Laws is hereby amended by inserting after section 15CCCC, inserted by chapter 359 of the acts of 1998, the following section:-

Section 15DDDD. The governor shall annually issue a proclamation setting apart March 8 as Lucy Stone Day and recommending that said day be observed in an appropriate manner by the people.

SECTION 3. Section 78A of said chapter 6 is hereby amended by striking out the words "the operational services division within the executive office of administration and finance", inserted by section 10 of chapter 161 of the acts of 1998, and inserting in place thereof the following words:- operational services division within the executive office of administration and finance.

SECTION 4. Section 121 of said chapter 6, as appearing in the 1996 Official Edition, is hereby amended by striking out, in lines 71 and 72, the words "the workmen's compensation act," and inserting in place thereof the following words:- chapter 152.

SECTION 5. Section 168 of said chapter 6, as so appearing, is hereby amended by striking out, in line 3, the word "the", the second time it appears, and inserting in place thereof the following word:- , the.

SECTION 6. Section 178K of said chapter 6, as so appearing, is hereby amended by striking out, in lines 10 and 11, the words "one hundred and seventy-eight L" and inserting in place thereof the following figure:- 178M.

SECTION 7. Section 38A> of chapter 7 of the General Laws, as so appearing, is hereby amended by inserting after the word "thereof", in line 59, the following words:- but not including the University of Massachusetts Building Authority.

SECTION 8. The first paragraph of section 39A of said chapter 7 is hereby amended by striking out paragraph (e), as so appearing, and inserting in place thereof the following paragraph:-

(e) "building authority", the University of Massachusetts Building Authority, the Massachusetts State College Building Authority or any other building authority which may be established for similar purposes;.

SECTION 9. The first paragraph of section 39B of said chapter 7 is hereby amended by striking out clause (d), added by section 19 of chapter 194 of the acts of 1998, and inserting in place thereof the following clause:-

(e) direction, control, supervision, planning and oversight of the scheduled maintenance and repair needs of capital assets owned by the commonwealth.

SECTION 10. Section 16 of chapter 7A of the General Laws, inserted by section 45 of chapter 194 of the acts of 1998, is hereby amended by striking out the introductory paragraph and inserting in place thereof the following paragraph:-

The comptroller, in consultation with the secretary of administration and finance and the attorney general, shall administer the Liability Management and Reduction Fund established in section 2TT of chapter 29. The comptroller may appoint a liability manager of said fund whose compensation shall be paid out of said fund. The comptroller shall have the following powers and duties with respect to the fund:.

SECTION 11. Said section 16 of said chapter 7A, inserted by said section 45 of said chapter 194, is hereby further amended by striking out paragraph (a) and inserting in place thereof the following paragraph:-

(a) to use amounts in the fund to make payments or to purchase insurance coverage to make payments for the purposes set forth in said section 2TT of said chapter 29; provided, however, that any insurance coverage so purchased shall recognize and preserve the commonwealth's constitutional, statutory and common law rights, defenses, immunities and control including, without limitation, the provisions of chapters 12 and 258;.

SECTION 12. Section 23 of chapter 10 of the General Laws, as appearing in the 1996 Official Edition, is hereby amended by striking out, in line 1, the word "in" and inserting in place thereof the following word:- , in.

SECTION 13. Section 13 of chapter 11 of the General Laws, as so appearing, is hereby amended by striking out, in line 14, the word "workmen's" and inserting in place thereof the following word:- workers'.

SECTION 14. Section 18 of chapter 15 of the General Laws, as so appearing, is hereby amended by striking out, in line 6, the word "therefore" and inserting in place thereof the following word:- therefor.

SECTION 15. Section 40 of chapter 15A of the General Laws, as so appearing, is hereby amended by striking out, in line 76, the words "of the General Laws".

SECTION 16. Section 13 of chapter 19A of the General Laws, as so appearing, is hereby amended by striking out, in lines 26 and 27, the words "the workmen's compensation act," and inserting in place thereof the following words:- chapter 152.

SECTION 17. Section 37 of chapter 21 of the General Laws, as so appearing, is hereby amended by striking out, in lines 18 and 31, the words "eighteen A of chapter fifty-eight", each time they appear, and inserting in place thereof, in each instance, the following words:- 18C of chapter 58.

SECTION 18. Section 13A of chapter 21A of the General Laws, inserted by chapter 22 of the acts of 1998, is hereby amended by striking out the second paragraph and inserting in place thereof the following paragraph:-

A violation of this section shall be punished by a fine of not more than $1,000.

SECTION 19. Section 2 of chapter 21E of the General Laws is hereby amended by striking out the words "subclause (iii) of subparagraph (F) of clause (5)", inserted by section 14 of chapter 206 of the acts of 1998, and inserting in place thereof the following words:- (iii) of subparagraph (F) of clause (5).

SECTION 20. Subsection (b) of section 19 of said chapter 21E, as appearing in section 30 of said chapter 206, is hereby amended by striking out clause (2) and inserting in place thereof the following clause:-

(2) provide assistance to the advisory group established in section 29A of chapter 23G in the development of advisory recommendations for funding projects;.

SECTION 21. The introductory paragraph of subsection (c) of said section 19 of said chapter 21E, as so appearing, is hereby amended by striking out the second sentence and inserting in place thereof the following sentence:- The governor shall choose from among three candidates nominated by the brownfields advisory group established by section 29A of chapter 23G.

SECTION 22. Section 3D of chapter 23A of the General Laws is hereby amended by striking out the word "authority;", inserted by section 21 of chapter 164 of the acts of 1997.

SECTION 23. Section 1 of chapter 23G of the General Laws, as appearing in section 24 of chapter 289 of the acts of 1998, is hereby amended by striking out the definition of "Revenues" and inserting in place thereof the following definition:-

"Revenues", any receipts, fees, rentals or other payments or income received or to be received on account of obligations to the Agency under a financing document including, without limitation, income on account of the leasing, mortgaging, sale or other disposition of a project or proceeds of a loan made by the Agency in connection with any project and also including amounts in reserves or held in other funds or accounts established in connection with the issuance of bonds and the proceeds of any investments thereof, proceeds of foreclosure and any other fees, charges or other income received or receivable by the Agency other than the industrial mortgage established pursuant to section 4 with respect to a project or the financing thereof.

SECTION 24. Said chapter 23G is hereby amended by inserting after section 29 the following section:-

Section 29A. (a) There is hereby established and placed within the Massachusetts Development Finance Agency, referred to in this section as the agency, the Brownfields Redevelopment Fund, referred to in this section as the fund, into which shall be credited:

(1) any appropriations or other monies authorized by the general court and specifically designated to be credited to the fund;

(2) fees authorized by subsection (h);

(3) grants, gifts or any other monies directed to the fund; and

(4) any income derived from an investment of amounts credited to the fund.

(b) As used in this section the following words shall have the following meanings unless the context clearly requires otherwise:

"Economically distressed area", an area or municipality that meets the definition of an economically distressed area in section 2 of chapter 21E.

"Environmental cleanup action", activities including, but not limited to, environmental site assessments undertaken to contain or remove from land or structures, oil or hazardous material as defined in chapter 21E and regulations promulgated pursuant thereto, in compliance with all applicable laws.

"Environmental site assessment", activity undertaken in compliance with the applicable laws to determine: (i) the existence, source, nature and extent of a release or threat of release of oil or hazardous materials; or (ii) the extent of danger to the public health, safety, welfare and the environment.

"Loan", a loan or credit enhancement including, but not limited to a loan guarantee, letter of credit or insurance.

"Project site", a vacant, abandoned or underutilized industrial or commercial property located within an economically distressed area where real or perceived environmental contamination and liability is an obstacle to the redevelopment or improvement of such property.

"Priority project", a project eligible for funding under this section as to which the municipality in which the site of such project is located has made available substantial funds in the form of grants, loans or abated property taxes for such site, in furtherance of the purposes of this section and as to which the agency has designated such project as a priority project.

"Site", a place or area where oil or hazardous material has been released, as further defined in section 2 of chapter 21E.

(c) The agency shall hold the fund in an account segregated from other agency funds and accounts and shall utilize, invest or reinvest the proceeds of the fund and income derived therefrom for the following general purposes:

(1) to encourage economic development in economically distressed areas of the commonwealth by providing loans and grants to finance environmental site assessments and environmental cleanup actions;

(2) to defray costs incurred in the administration of the fund, as provided in subsections (g) and (h) and in the fund guidelines; and

(3) to purchase with funds not immediately required for use pursuant to clauses (1) and (2), such securities as may be lawful investments for fiduciaries in the commonwealth.

(d) The agency may make and administer grants and loans to finance environmental site assessments and environmental cleanup actions provided that:

(1) the project is located at a project site within an economically distressed area as defined in section 2 of chapter 21E;

(2) 30 per cent of all funds administered provide grants and loans to finance environmental site assessments;

(3) an applicant shall transfer the results of the environmental assessment to the regional office of the department of environmental protection if such applicant does not proceed with development of the project for which the project site was assessed with loan monies from the fund;

(4) no single project, other than a priority project, shall receive a grant or loan to conduct environmental cleanup actions which shall exceed $500,000 of the assets of the fund;

(5) no single project, other than a priority project, shall receive a grant or loan to conduct environmental site assessments which shall exceed $50,000 of the assets of the fund;

(6) no single priority project shall represent a commitment of more than $2,000,000 of the assets of the fund;

(7) no loan made hereunder shall be utilized to finance all of the costs required to complete the response action at a project site, the required match to be set forth in the fund guidelines, except that the required match may be waived in whole or in part by the agency;

(8) no grant shall be awarded unless and until the applicant for such grant contributes an amount equal to 20 per cent of the grant for which such applicant has applied;

(9) no loan or grant shall be made for an environmental site assessment or environmental cleanup action eligible for funding under chapter 21J;

(10) security for loans made hereunder may be subordinate to private or other financing provided for the site acquisition, cleanup or development of the project site; and

(11) grants shall be provided only to a city or town, redevelopment authority, redevelopment agency, economic development and industrial corporation, community development corporation or an economic development authority.

(e) To be eligible for financial assistance from the fund, in addition to the requirements in subsection (d), the applicant and project shall meet the following requirements and the applicant shall submit to the brownfields advisory group and the agency, for the agency's final approval, a completed application providing all information required herein and by the fund guidelines, including:

(1) the proposed redevelopment project will result in a significant economic impact in terms of the number of jobs to be created or will contribute to the economic or physical revitalization of the economically distressed area in which the project site is located and a significant level of community benefits shall be associated with the project;

(2) if the applicant is requesting financing for environmental cleanup action costs, assistance from the fund shall be necessary to make the proposed reuse of the project site financially feasible;

(3) the applicant shall certify that he: (i) would be liable solely pursuant to clause (1) of paragraph (a) of section 5 of chapter 21E; (ii) did not cause or contribute to the release of oil or hazardous material at the site; (iii) did not own or operate the site at the time of the release; and (iv) does not have a familial relationship or a direct or indirect business relationship, other than that by which the applicant's interest in such property is to be conveyed or financed, with another party that is potentially liable under said chapter 21E with regard to the project site; provided, however, that the provisions of this subclause may be waived with the approval of the board of directors of the agency after full disclosure by the applicant of the familial or business relationship with a potentially responsible party; and

(4) the applicant is not subject to any outstanding administrative or judicial environmental enforcement action unless the applicant has entered into an agreement with the department of environmental protection or the attorney general to resolve such enforcement action with respect to the property under consideration for assistance from the fund and with respect to any other properties located within the commonwealth for which the applicant is liable pursuant to chapter 21E.

(f) In evaluating an application for financing from the fund, the brownfields advisory group and the agency shall review each applicant's redevelopment project and the brownfields advisory group shall make advisory recommendations to the agency. The agency shall take into consideration the following factors:

(1) the level of unemployment and poverty in the economically distressed area and in the census tract, if any, within the economically distressed area in which the project site is located;

(2) the likelihood that the proposed response action will be adequate to clean up the property in accordance with the requirements of all applicable laws;

(3) the presence of community benefits associated with the project including, without limitation, the creation or revitalization of open space;

(4) the proximity of the property to existing transportation and utility infrastructure appropriate to support the proposed reuse of the project site;

(5) whether the project site is located in an area designated as a federal empowerment zone or enterprise community pursuant to 42 U.S.C. section 11501 et seq; and

(6) whether the municipality in which the site of such project is located has made available substantial funds, in the form of grants, loans, or abated property taxes for said site, in furtherance of the purposes of this section.

(g) The agency shall not be liable under chapter 21E for any claim, loss, cost, damage or injury of any nature whatsoever arising in connection with its administration of the fund and the environmental condition of the eligible property unless such loss, cost, injury or damage is caused by the gross negligence or willful misconduct of the agency, its officers, directors, employees or agents and their actions cause or contribute to the contamination of the property or exposure to the contaminants. Neither the provision of a loan or grant nor the failure to provide a loan or grant to an applicant shall be considered a basis of liability for the agency.

(h) The agency may charge fees for defraying the ordinary and necessary expenses of administration and operation associated with the fund. All fees received hereunder shall be deposited into the fund.

(i) Except as otherwise provided, the agency shall have full power to manage its loans, grants and business affairs in connection with the fund.

(j) Prior to approving a loan or grant hereunder, the agency shall, with the advice of the brownfields advisory group, promulgate regulations which shall provide the definitions and procedures required hereunder and set forth the terms, procedures and standards which the agency shall employ to process applications, make lending decisions, safeguard the fund and accomplish the purposes of the fund.

(k) On March 15, 1999 and each year thereafter, the agency shall file, in writing, a report to the governor, the attorney general, the commissioner of environmental protection and the clerks of the house of representatives and the senate who shall forward the same to the president of the senate, the speaker of the house of representatives and the chairmen of the house and senate committees on ways and means. Such report shall include financial statements related to the effectiveness of the fund based on the following criteria, as applicable:

(i) the number of projects assisted through the fund, with a specification of the amount of loan or grant awarded to each;

(ii) the manner in which such projects contribute to the economic and physical revitalization of the areas in which the projects are located and a description of steps taken by the agency to make the application process efficient and manageable; and

(iii) such other information that would provide a fair evaluation of the program.

(l) There shall be established within the agency a brownfields advisory group. The brownfields advisory group shall be comprised of the following 13 members who shall serve for two year terms: the director of economic development or his designee, the commissioner of environmental protection or his designee and the attorney general or his designee. In addition, the speaker of the house of representatives shall appoint the following five brownfields advisory group members: a hazardous waste site cleanup professional as defined in section 19 of chapter 21A, two representatives of community development corporations, a representative from a municipality and a representative from the lending community. The president of the senate shall appoint the following five brownfields advisory group members: a member of a community-based organization concerned with brownfields redevelopment, a representative from the land use and development community, a member from an environmental advocacy organization, a representative from a municipality and a member of the agency board of directors. The chair of the brownfields advisory group shall be elected by members of said advisory group. For action to be taken by the advisory group, a majority of members shall be present. The director of the office of brownfields revitalization shall serve in an advisory capacity to the brownfields advisory group.

(m) The agency shall give a priority to those project sites in economically distressed areas that are considered by the ombudsman and the department of economic development to be of substantial economic benefit to the community and which will result in the creation or retention of jobs for that community.

(n) The brownfields advisory group shall advise the agency in establishing guidelines pursuant to subsection (j). The brownfields advisory group shall convene on a monthly basis in order to review actions taken by the agency with respect to the fund and to make any advisory recommendations with respect thereto and, further, shall assist in producing the report required by subsection (k).

(o) The brownfields advisory group shall nominate a total of three candidates for the position of director of the office of brownfields revitalization who shall serve as the brownfields ombudsman as defined in section 19 of chapter 21E. The governor may appoint one of the three nominated candidates or select a candidate of his choice to serve as director of the office of brownfields revitalization.

SECTION 25. Subsection (a) of section 20 of chapter 25 of the General Laws, as appearing in section 37 of chapter 164 of the acts of 1997, is hereby amended by striking out paragraph (2) and inserting in place thereof the following paragraph:-

(2) In calendar years 1998 through 2002, the revenues derived from one-quarter of one mill ($0.00025) of the charge assessed pursuant to the preceding paragraph in each such year shall be set aside and expended pursuant to implementing the provisions of paragraph (2) of subsection (f) of section 4E of chapter 40J.

SECTION 26. Subsection (b) of said section 20 of said chapter 25, as so appearing, is hereby amended by striking out the first sentence and inserting in place thereof the following sentence:- In the fiscal year ending on June 30, 2001, the board of directors of the Massachusetts Technology Park Corporation shall, in consultation with the advisory committee established pursuant to subsection (i) of section 4E of chapter 40J, the department of telecommunications and energy and the division of energy resources, review the adequacy of the monies generated by such mandatory charge and meeting the requirements of said section 4E.

SECTION 27. Section 5 of chapter 25A of the General Laws is hereby amended by striking out the words "the joint committee on government regulations", inserted by section 42 of chapter 164 of the acts of 1997, and inserting in place thereof the following words:- , the joint committee on government regulations.

SECTION 28. Section 4 of chapter 28A of the General Laws is hereby amended by striking out clause (i), as amended by section 218 of chapter 161 of the acts of 1998, and inserting in place thereof the following clause:-

(i) facilitate the development of and, when appropriate, provide for training programs for persons offering services in day care centers, family day care homes, large family day care homes and family foster care as defined in section 9. Such programs shall be developed in coordination with manpower training and educational programs offered under the board of education, board of higher education, department of labor and workforce development, department of economic development and the department of housing and community development;.

SECTION 29. Chapter 29 of the General Laws is hereby amended by striking out section 2UU, inserted by section 3 of chapter 297 of the acts of 1998, and inserting in place thereof the following section:-

Section 2VV. There shall be established and set up on the books of the commonwealth a separate fund to be known as the Brownfields Revitalization Fund. There shall be credited to said fund any appropriation, transfer, grant, gift or other contribution made to it and any income derived from investment of amounts credited to said fund. Amounts credited to said fund shall be held in an expendable trust and the department of economic development shall report monthly by source all amounts credited to said fund and all expenditures by subsidiary made from said fund on the Massachusetts management and accounting reporting system. Such amounts shall be used solely for the administration and implementation of the provisions of section 60 of chapter 23A and section 8G of chapter 212 of the acts of 1975 or its successor, section 29A of chapter 23G.

SECTION 30. Section 39R of chapter 30 of the General Laws, as appearing in the 1996 Official Edition, is hereby amended by striking out, in line 123, the word "for" and inserting in place thereof the following word:- of.

SECTION 31. Section 58 of said chapter 30, as so appearing, is hereby amended by striking out, in line 2, the word "workmen's" and inserting in place thereof the following word:- workers'.

SECTION 32. Said section 58 of said chapter 30, as so appearing, is hereby further amended by striking out the second paragraph and inserting in place thereof the following paragraph:-

Workers' compensation for such period shall be refunded to the state treasurer or spending agency of the commonwealth. The payment by the industrial accident board for such period shall constitute the total refund and the employee shall be credited with the proportionate part of sick leave credits represented by the workers' compensation paid by the industrial accident board.

SECTION 33. Section 14 of chapter 30A of the General Laws, as so appearing, is hereby amended by striking out, in line 20, the words "provided in section thirty-two of chapter six" and inserting in place thereof the following words:- otherwise provided by law.

SECTION 34. Section 7 of chapter 30B of the General Laws is hereby amended by striking out the words "school textbooks, educational programs, educational courses, educational curricula in any media including educational software, newspapers, serials, periodicals, audiovisual materials or software maintenance", inserted by chapter 172 of the acts of 1998, and inserting in place thereof the following words:- , school textbooks, educational programs, educational courses, educational curricula in any media including educational software, newspapers, serials, periodicals, audiovisual materials or software maintenance.

SECTION 35. Section 3 of chapter 32 of the General Laws is hereby amended by striking out the words ", officers and employees of the general court having police powers;", inserted by section 107 of chapter 194 of the acts of 1998, and inserting in place thereof the following words:- ; officers and employees of the general court having police powers.

SECTION 36. Section 6 of said chapter 32, as appearing in the 1996 Official Edition, is hereby amended by inserting after the word "service", in line 1, the following word:- who.

SECTION 37. Said section 6 of said chapter 32, as so appearing, is hereby further amended by inserting after the word "paragraph", in line 10, the following word:- who.

SECTION 38. Paragraph (c) of subdivision (1) of section 11 of said chapter 32, added by section 8 of chapter 64 of the acts of 1998, is hereby amended by striking out the words "(i) If a member is eligible to receive a return" and inserting in place thereof the following words:- If a member is eligible to receive a return.

SECTION 39. Section 14 of said chapter 32, as appearing in the 1996 Official Edition, is hereby amended by striking out, in line 66, the word " Workmen's " and inserting in place thereof the following word:- Workers'.

SECTION 40. Section 23 of said chapter 32 is hereby amended by striking out the words "and no new investment of funds shall be made in stocks, securities, or other obligations of any company which derives more than 15 per cent of its revenues from the sale of tobacco products;", inserted by section 1 of chapter 119 of the acts of 1997, and inserting in place thereof the following words:- and no new investment of funds shall be made in stocks, securities or other obligations of any company which derives more than 15 per cent of its revenues from the sale of tobacco products.

SECTION 41. Chapter 32A of the General Laws is hereby amended by striking out section 20, added by section 187 of chapter 151 of the acts of 1996, and inserting in place thereof the following section:-

Section 21. The commission is hereby authorized and directed to establish and implement a vendor quality improvement program for purposes including, but not limited to: the evaluation and improvement of all health care services as applied to those contracts and the promotion of customer-oriented quality management techniques. Such program shall include both long and short-term objectives, quantifiable improvement goals, benchmarks for evaluating vendors and mechanisms to promote collaboration between the commission and health care vendors to improve health care services. The commission shall file an annual report with the clerks of the senate and house of representatives and with the governor not later than September 30 concerning such vendor quality improvement program.

SECTION 42. Section 5B of chapter 40 of the General Laws, as appearing in the 1996 Official Edition, is hereby amended by striking out, in line 35, the words "the current year" and inserting in place thereof the following figure:- 1945.

SECTION 43. Said chapter 40 is hereby further amended by inserting after section 5G the following section:-

Section 5H. For the celebration of the year 2000 or the year 2001 or any centennial celebration, any city or town may appropriate money annually during the five years preceding such year. Such city or town is hereby authorized to establish in its treasury a special fund in which shall be deposited such sums as may be appropriated by it under the provisions of this section, and any and all sums received by way of income from the sale of commemorative items or from admission charges for commemorative ceremonies or events. All such sums received by the treasurer shall be kept separate from other moneys, funds or property of such city or town, and the principal and interest thereof may, from time to time upon the authorization of the mayor or city manager, as the case may be, the board of selectmen, or the majority of any special committee established to plan such celebration, be expended for the purposes of such celebration in the year of such celebration and in the year preceding or succeeding same. There shall be an accounting to the treasurer for the expenditure of all funds. Any surplus remaining in said special fund after such celebration is concluded shall be transferred by the treasurer into the treasury of such city or town.

SECTION 44. Section 13A of said chapter 40, as appearing in the 1996 Official Edition, is hereby amended by striking out, in lines 7 and 17, the word "workmen's" and inserting in place thereof, in each instance, the following word:- workers'.

SECTION 45. Section 4B of chapter 40B of the General Laws, as so appearing, is hereby amended by striking out, in line 3, the figure "19...." and inserting in place thereof the following words:- (insert year).

SECTION 46. Section 4 of chapter 40N of the General Laws, as so appearing, is hereby amended by striking out, in lines 71 and 72, the words "workers or workmen's" and inserting in place thereof the following word:- workers'.

SECTION 47. The first paragraph of section 38H of chapter 59 of the General Laws, as appearing in section 71 of chapter 164 of the acts of 1997, is hereby amended by striking out the words "For the purposes of this section" and inserting in place thereof the following words:- (a) For the purposes of this section.

SECTION 48. Subsection (a) of said section 38H of said chapter 59, as so appearing, is hereby amended by striking out the words "(a) Any electric company as defined in section 1" and inserting in place thereof the following words:- Any electric company as defined in section 1.

SECTION 49. Chapter 62 of the General Laws is hereby amended by striking out section 10A, inserted by section 7 of chapter 319 of the acts of 1998, and inserting in place thereof the following section:-

Section 10A. A qualified funeral trust shall have the same meaning as in the Code, as amended, on January 1, 1998, effective for taxable years ending on or after August 5, 1997.

SECTION 50. Section 47A of chapter 62C of the General Laws is hereby amended by striking out the words "or has been penalized pursuant to section 9 of chapter 62E for failure to comply with the provisions under said chapter 62E relating to reporting of employees and contractors, or has been penalized pursuant to paragraph (3) of subsection (f) of section 12 of chapter 119A for failure to comply with the provisions under said chapter 119A relating to withholding and remitting child support,", inserted by section 28 of chapter 64 of the acts of 1998, and inserting in place thereof the following words:- or has been penalized pursuant to section 9 of chapter 62E for failure to comply with the provisions under said chapter 62E relating to reporting of employees and contractors, or has been penalized pursuant to paragraph (3) of subsection (f) of section 12 of chapter 119A for failure to comply with the provisions under said chapter 119A relating to withholding and remitting child support.

SECTION 51. Section 49A of said chapter 62C is hereby amended by striking out the words "or has been penalized pursuant to section 9 of chapter 62E for failure to comply with the provisions under said chapter 62E relating to reporting of employees and contractors, or has been penalized pursuant to paragraph (3) of subsection (f) of section 12 of chapter 119A for failure to comply with the provisions under said chapter 119A relating to withholding and remitting child support," inserted by section 32 of said chapter 64, and inserting in place thereof the following words:- or has been penalized pursuant to section 9 of chapter 62E for failure to comply with the provisions under said chapter 62E relating to reporting of employees and contractors, or has been penalized pursuant to paragraph (3) of subsection (f) of section 12 of chapter 119A for failure to comply with the provisions under said chapter 119A relating to withholding and remitting child support.

SECTION 52. Section 55A of chapter 62C of the General Laws, as appearing in the 1996 Official Edition, is hereby amended by striking out, in lines 24 and 26, the word "workmen's" and inserting in place thereof, in each instance, the following word:- workers'.

SECTION 53. Section 3 of chapter 62E of the General Laws is hereby amended by striking out the words "; and including the division of health care finance and policy with respect to payments for free care services made from the uncompensated care pool pursuant to chapter 118G", inserted by section 9 of chapter 47 of the acts of 1997, and inserting in place thereof the following words:- ; and including the division of health care finance and policy with respect to payments for free care services made from the uncompensated care pool pursuant to section 18 of chapter 118G.

SECTION 54. Section 7A of chapter 64C of the General Laws, as appearing in the 1996 Official Edition, is hereby amended by striking out, in lines 1 and 2, the words "and section seven".

SECTION 55. Section 7B of said chapter 64C, as so appearing, is hereby amended by striking out, in lines 1 and 2, the word ", seven".

SECTION 56. Section 1 of chapter 64K of the General Laws, as so appearing, is hereby amended by striking out, in lines 12 and 13, the word "manufacturers" and inserting in place thereof the following word:- manufactures.

SECTION 57. Section 9A of chapter 69 of the General Laws, as so appearing, is hereby amended by striking out, in line 6, the first time it appears, the word "the".

SECTION 58. Section 6 of chapter 71 of the General Laws, as so appearing, is hereby amended by striking out, in line 15, the word "pupils" and inserting in place thereof the following word:- pupil.

SECTION 59. Section 6A of said chapter 71, as so appearing, is hereby amended by striking out, in line 5, the word ", the" and inserting in place thereof the following word:- the.

SECTION 60. Section 7B of said chapter 71, as so appearing, is hereby amended by striking out, in line 9, the word ", for" and inserting in place thereof the following word:- for.

SECTION 61. Section 16D> of said chapter 71, as so appearing, is hereby amended by inserting after the word "may", in line 6, the following word:- be.

SECTION 62. Section 24 of said chapter 71, as so appearing, is hereby amended by striking out, in line 5, the word "continuance" and inserting in place thereof the following word:- continuation.

SECTION 63. Section 37J of said chapter 71, as so appearing, is hereby amended by striking out, in line 6, the word "meet" and inserting in place thereof the following word:- met.

SECTION 64. Section 63 of said chapter 71, as so appearing, is hereby amended by striking out, in line 15, the word ", apportion" and inserting in place thereof the following word:- apportion.

SECTION 65. Section 69 of said chapter 71, as so appearing, is hereby amended by striking out, in line 20, the word "or" and inserting in place thereof the following word:- of.

SECTION 66. Section 19E of chapter 78 of the General Laws, as most recently amended by section 135A of chapter 194 of the acts of 1998, is hereby further amended by striking out, in line 28, the word "(4) For" and inserting in place thereof the following word:- For.

SECTION 67. Said section 19E of said chapter 78, as amended by said section 135A of said chapter 194, is hereby further amended by striking out, in line 40, the word "(5) For" and inserting in place thereof the following word:- For.

SECTION 68. Said section 19E of said chapter 78, as amended by said section 135A of said chapter 194, is hereby further amended by striking out, in line 54, the word "(6) To" and inserting in place thereof the following word:- To.

SECTION 69. Said section 19E of said chapter 78, as amended by said section 135A of said chapter 194, is hereby further amended by striking out, in line 58, the word "(7) To" and inserting in place thereof the following word:- To.

SECTION 70. Section 11D of chapter 85 of the General Laws, as appearing in the 1996 Official Edition, is hereby amended by striking out, in line 4, the words "a bicycle helmet" and inserting in place thereof the following words:- bicycle helmets.

SECTION 71. Section 49E of chapter 90 of the General Laws, as so appearing, is hereby amended by striking out, in line 39, the words "any workmen's" and inserting in place thereof the following words:- a workers'.

SECTION 72. Chapter 90B of the General Laws is hereby amended by striking out the title and inserting in place thereof the following title:-

MOTORBOATS, OTHER VESSELS AND RECREATIONAL VEHICLES.

SECTION 73. Section 8 of said chapter 90B, as appearing in the 1996 Official Edition, is hereby amended by inserting after the word "vessel", in line 222, the following word:- of.

SECTION 74. Section 12 of chapter 93 of the General Laws, as so appearing, is hereby amended by striking out, in line 21, the word "principle" and inserting in place thereof the following word:- principal.

SECTION 75. Section 14E of said chapter 93, as so appearing, is hereby amended by striking out, in line 38, the words "retail,' 'sales" and inserting in place thereof the following words:- retail", "sales.

SECTION 76. Said section 14E of said chapter 93, as so appearing, is hereby further amended by striking out, in line 43, the words "wholesale,' 'sales" and inserting in place thereof the following words:- wholesale", "sales.

SECTION 77. Said chapter 93 is hereby further amended by striking out section 14K, as so appearing, and inserting in place thereof the following section:-

Section 14K. Sections 14E to 14K, inclusive, shall be known, and may be cited, as the "Unfair Sales Act".

SECTION 78. Section 105 of said chapter 93, as so appearing, is hereby amended by striking out, in lines 51 and 52, the words "two of chapter nigrty-three A" and inserting in place thereof the following words:- 2 of chapter 93A.

SECTION 79. Said chapter 93 is hereby further amended by striking out section 108, inserted by section 1 of chapter 294 of the acts of 1998.

SECTION 80. Said chapter 93 is hereby further amended by adding the following section:-

Section 114. The fact or suspicion that real property may be or is psychologically impacted shall not be deemed to be a material fact required to be disclosed in a real estate transaction. "Psychologically impacted" shall mean an impact being the result of facts or suspicions including, but not limited to, the following:

(a) that an occupant of real property is now or has been suspected to be infected with the Human Immunodeficiency Virus or with Acquired Immune Deficiency Syndrome or any other disease which reasonable medical evidence suggests to be highly unlikely to be transmitted through the occupying of a dwelling;

(b) that the real property was the site of a felony, suicide or homicide; and

(c) that the real property has been the site of an alleged parapsychological or supernatural phenomenon.

No cause of action shall arise or be maintained against a seller or lessor of real property or a real estate broker or salesman, by statute or at common law, for failure to disclose to a buyer or tenant that the real property is or was psychologically impacted.

Notwithstanding the foregoing, the provisions of this section shall not authorize a seller, lessor or real estate broker or salesman to make a misrepresentation of fact or false statement.

SECTION 81. Section 10C of chapter 94 of the General Laws, as appearing in the 1996 Official Edition, is hereby amended by striking out, in line 9, the words "ten days'" and inserting in place thereof the following words:- , ten days'.

SECTION 82. Section 16C of said chapter 94, as so appearing, is hereby amended by striking out, in line 11, the word "it" and inserting in place thereof the following word:- if.

SECTION 83. Section 3A of chapter 100 of the General Laws, as so appearing, is hereby amended by striking out, in line 22, the word "license;" and inserting in place thereof the following word:- license.

SECTION 84. Section 2A-507 of chapter 106 of the General Laws, as so appearing, is hereby amended by striking out, in line 24, the word "by" and inserting in place thereof the following word:- but.

SECTION 85. Section 70A of chapter 111 of the General Laws, as so appearing, is hereby amended by striking out, in line 6, the words "the workmen's compensation act" and inserting in place thereof the following words:- chapter 152.

SECTION 86. Section 127B> of said chapter 111, as so appearing, is hereby amended by striking out, in lines 7 and 19, the words "and/or" and inserting in place thereof the following word:- or.

SECTION 87. Said section 127B> of said chapter 111, as so appearing, is hereby further amended by striking out, in line 12, the word "or" and inserting in place thereof the following word:- of.

SECTION 88. Section 22 of chapter 111H of the General Laws, as so appearing, is hereby amended by striking out, in line 41, the word "deputy".

SECTION 89. Section 7 of chapter 112 of the General Laws, as so appearing, is hereby amended by striking out, in line 19, the word "science" and inserting in place thereof the following word:- Science.

SECTION 90. Section 12G of said chapter 112, as so appearing, is hereby amended by striking out, in lines 8 and 10, the words ", one hundred and eighteen F".

SECTION 91. Section 95 of said chapter 112, as so appearing, is hereby amended by striking out, in line 16, the word "record" and inserting in place thereof the following word:- , record.

SECTION 92. Section 97 of said chapter 112, as so appearing, is hereby amended by striking out, in line 2, the word "workmen's" and inserting in place thereof the following word:- workers'.

SECTION 93. Section 5 of chapter 115 of the General Laws, as so appearing, is hereby amended by striking out, in lines 67 and 72, the word "workmen's" and inserting in place thereof, in each instance, the following word:- workers'.

SECTION 94. Section 6A of said chapter 115, as so appearing, is hereby amended by striking out, in line 6, the words "under other than dishonorable conditions" and inserting in place thereof the following words:- other than dishonorable.

SECTION 95. Section 16B of chapter 118E of the General Laws is hereby amended by striking out, in line 135, as so appearing, the word "institute" and inserting in place thereof the following word:- , institute.

SECTION 96. Section 1 of chapter 118G of the General Laws, as appearing in the 1996 Official Edition, is hereby amended by striking out the definition of "Gross inpatient service revenue" and inserting in place thereof the following definition:-

"Gross inpatient service revenue", the total dollar amount of a hospital's charges for inpatient services rendered in a fiscal year.

SECTION 97. Said section 1 of said chapter 118G, as so appearing, is hereby further amended by striking out, in line 108, the word "surgical" and inserting in place thereof the following word:- , surgical.

SECTION 98. Section 7 of said chapter 118G, as so appearing, is hereby amended by striking out, in line 12, the words "the workmen's compensation act" and inserting in place thereof the following words:- chapter 152.

SECTION 99. Said section 7 of said chapter 118G, as so appearing, is hereby further amended by striking out, in line 117, the word "sixty-days" and inserting in place thereof the following words:- 60 days.

SECTION 100. Subsection (c) of section 18 of said chapter 118G, as appearing in section 14 of chapter 47 of the acts of 1997, is hereby amended by striking out the fourth sentence and inserting in place thereof the following sentence:- Funds deposited in this account shall be kept separate and shall not be commingled with funds of the uncompensated care pool.

SECTION 101. Section 1 of chapter 119A of the General Laws is hereby amended by striking out the words ", including orders for health care coverage, and establishing paternity", inserted by section 66 of chapter 64 of the acts of 1998, and inserting in place thereof the following words:- , including orders for health care coverage,.

SECTION 102. Section 3 of said chapter 119A is hereby amended by striking out subsection (c), as most recently amended by section 75 of said chapter 64, and inserting in place thereof the following subsection:-

(c) The IV-D agency may use any method available to a private party to collect support, including the following:

(1) if no support order is outstanding, the IV-D agency may seek to obtain a support order on any outstanding complaint for divorce, separate support, paternity or support or on any petition filed pursuant to section 24 of chapter 119;

(2) the IV-D agency may seek to obtain a modification of any outstanding court order for support, including health care coverage, on a complaint or judgment of divorce, separate support, paternity or support or may modify the order pursuant to section 3B;

(3) the IV-D agency may institute contempt proceedings under section 34A of chapter 215 to compel compliance with a court order or may institute proceedings to seek entry of a qualified domestic relations order pursuant to the Employee Retirement Security Act, 29 U.S.C. section 1056;

(4) the IV-D agency may intervene or appear in actions for divorce, separate support, paternity, support, appointment as guardian of a minor, care and protection or proceedings supplemental thereto, and in trust proceedings in which an obligor has a beneficial interest, for the purpose of advising the court as to the financial interest of the commonwealth in the action, when either or both of the parties or their child is receiving public assistance or has received public assistance or is receiving IV-D services or for the purpose of seeking a qualified domestic relations order, pursuant to said Employee Retirement Income Security Act, if an arrearage is owed to the IV-D agency pursuant to an existing court order or judgment for support;

(5) if no action is pending or has been adjudicated, the IV-D agency may file an action to establish paternity and support pursuant to chapter 209C or a civil action to establish support pursuant to section 32F of chapter 209 or the IV-D agency may act to enforce a support order that has previously been issued by a court of competent jurisdiction by contempt or other proceedings;

(6) the IV-D agency may apply for a complaint under chapter 273;

(7) the IV-D agency may file a petition or register an order under chapter 209D;

(8) the IV-D agency may file a petition under chapter 203 for the purpose of distribution of trust income; and

(9) the IV-D agency may file a complaint under chapter 109A alleging a fraudulent transfer by an obligor on the basis of evidence showing a prima facie case that an obligor has transferred income or property to avoid payment of a support obligation.

(d) Whenever the IV-D agency seeks to establish or enforce payment of any arrearage for past failure to pay support, it shall not seek an order which would directly or indirectly result in a decrease in the amount of the current support paid to or on behalf of the child or spouse to whom, or on whose behalf, it is owed. In an action to enforce payment of arrears or determine the current support obligation, the existence or amount of any arrears shall not be a basis for rebutting the current support obligation determined under the child support guidelines promulgated by the chief justice for administration and management.

SECTION 103. Section 12 of said chapter 119A is hereby amended by striking out the words "as set forth in paragraph (1),", inserted by section 140 of said chapter 64, and inserting in place thereof the following words:- as set forth in paragraph (1).

SECTION 104. Said section 12 of said chapter 119A is hereby further amended by striking out the words "income withholding,", inserted by section 152 of said chapter 64, and inserting in place thereof the following words:- , income withholding.

SECTION 105. Section 21 of chapter 138 of the General Laws is hereby amended by striking out the words "19C and every pub brewer under section 19D,", inserted by section 7 of chapter 113 of the acts of 1998, and inserting in place thereof the following words:- 19C, and every pub brewer under section 19D.

SECTION 106. The first paragraph of section 131> of chapter 140 of the General Laws, as appearing in section 41 of chapter 180 of the acts of 1998, is hereby amended by striking out the third sentence and inserting in place thereof the following sentence:- It shall be the responsibility of the board to advise the executive office of public safety on matters relating to the implementation of sections 121 to 131P, inclusive, and section 2SS of chapter 29.

SECTION 107. Section 131~ of said chapter 140, as so appearing, is hereby amended by striking out the first paragraph and inserting in place thereof the following paragraph:-

The secretary of public safety shall, with the advice of the gun control advisory board established pursuant to the provisions of section 131>, compile and publish a roster of large capacity rifles, shotguns, firearms and feeding devices, all as defined in section 121, and such weapons referred to in clauses Eighteenth to Twenty-first, inclusive, of section 123.

SECTION 108. Subsection (a) of section 131P of said chapter 140, as appearing in section 47 of said chapter 180, is hereby amended by striking out the first sentence and inserting in place thereof the following sentence:- Any person making application for the issuance of a firearms identification card under section 129B, a Class A or Class B license to carry firearms under section 131 or 131F or a permit to purchase under section 131A who was not licensed under the provisions of this chapter on June 1, 1998 shall, in addition to the requirements set forth in said section 129B, 131, 131A or 131F, submit to the licensing authority a basic firearms safety certificate; provided, however, that a certificate issued by the division of law enforcement in the department of fisheries, wildlife and environmental law enforcement pursuant to the provisions of section 14 of chapter 131 evidencing satisfactory completion of a hunter education course shall serve as a valid substitute for a basic firearms safety certificate required under this section; and provided further, that an applicant for a firearms identification card for the sole purpose of purchasing or possessing chemical mace, pepper spray or other similarly propelled liquid, gas or powder designed to temporarily incapacitate shall not be required to complete a basic firearms safety course as a prerequisite for receiving such card.

SECTION 109. Section 21A of chapter 147 of the General Laws is hereby amended by striking out, in line 31, as appearing in the 1996 Official Edition, the word "workmen's" and inserting in place thereof the following word:- workers'.

SECTION 110. The third paragraph of section 27B of chapter 149 of the General Laws, as so appearing, is hereby amended by striking out the figure "19" and inserting in place thereof the following words:- insert year.

SECTION 111. Section 44F of said chapter 149 is hereby amended by striking out, in line 311, as so appearing, the figure "19...." and inserting in place thereof the following words:- (insert year).

SECTION 112. Said section 44F of said chapter 149 is hereby further amended by striking out, in line 364, as so appearing, the word "workmen's" and inserting in place thereof the following word:- workers'.

SECTION 113. Section 1 of chapter 151A of the General Laws, as so appearing, is hereby amended by striking out, in line 27, the word "workmen's" and inserting in place thereof the following word:- workers'.

SECTION 114. The first paragraph of subsection (f) of section 14G of said chapter 151A, as appearing in section 528 of chapter 161 of the acts of 1998, is hereby amended by striking out the first sentence and inserting in place thereof the following sentence:- There shall be a rate review board composed of the commissioner of medical assistance or his designee, the deputy director of employment and training or his designee and the commissioner of insurance or his designee.

SECTION 115. Section 71F of said chapter 151A is hereby amended by striking out the words "; provided, however, that", inserted by section 118 of chapter 164 of the acts of 1997.

SECTION 116. Section 7 of chapter 151D of the General Laws, as appearing in the 1996 Official Edition, is hereby amended by striking out, in line 1, the word "workmen's" and inserting in place thereof the following word:- workers'.

SECTION 117. Chapter 152 of the General Laws is hereby amended by striking out the title and inserting in place thereof the following title:- `tuc WORKERS' COMPENSATION.

SECTION 118. Section 25A of said chapter 152, as appearing in the 1996 Official Edition, is hereby amended by striking out, in lines 44 and 69, the word "workmen's" and inserting in place thereof, in each instance, the following word:- workers'.

SECTION 119. Section 46A of said chapter 152, as so appearing, is hereby amended by striking out, in lines 6, 13 and 23, the word "workmen's" and inserting in place thereof, in each instance, the following word:- workers'.

SECTION 120. Section 52B of said chapter 152, as so appearing, is hereby amended by striking out, in line 4, the word "workmen's" and inserting in place thereof the following word:- workers'.

SECTION 121. Section 55 of said chapter 152, as so appearing, is hereby amended by striking out, in line 1, the word "workmen's" and inserting in place thereof the following word:- workers'.

SECTION 122. Section 56 of said chapter 152, as so appearing, is hereby amended by striking out, in line 3, the word "workmen's" and inserting in place thereof the following word:- workers'.

SECTION 123. Section 60C of said chapter 152, as so appearing, is hereby amended by striking out, in line 4, the word "workmen's" and inserting in place thereof the following word:- workers'.

SECTION 124. Section 60D of said chapter 152, as so appearing, is hereby amended by striking out, in line 6, the word "workmen's" and inserting in place thereof the following word:- workers'.

SECTION 125. Section 61 of said chapter 152, as so appearing, is hereby amended by striking out, in line 2, the word "workmen's" and inserting in place thereof the following word:- workers'.

SECTION 126. Section 62 of said chapter 152, as so appearing, is hereby amended by striking out, in line 6, the word "workmen's" and inserting in place thereof the following word:- workers'.

SECTION 127. Section 69B of said chapter 152, as so appearing, is hereby amended by striking out, in line 12, the word "workmen's" and inserting in place thereof the following word:- workers'.

SECTION 128. Section 17 of chapter 158 of the General Laws, as so appearing, is hereby amended by striking out, in line 56, the figure "19.." and inserting in place thereof the following words:- (insert year).

SECTION 129. Section 136 of chapter 160 of the General Laws, as so appearing, is hereby amended by striking out, in line 2, the word "at" and inserting in place thereof the following word:- as.

SECTION 130. Section 147 of chapter 161 of the General Laws, as so appearing, is hereby amended by striking out, in line 22, the word "workmen's" and inserting in place thereof the following word:- workers'.

SECTION 131. Section 6 of chapter 161B of the General Laws, as so appearing, is hereby amended by striking out, in line 64, the word "fin" and inserting in place thereof the following word:- in.

SECTION 132. Subparagraph (i) of paragraph (2) of subsection (d) of section 1G of chapter 164 of the General Laws, as appearing in section 193 of chapter 164 of the acts of 1997, is hereby amended by striking out the second sentence and inserting in place thereof the following sentence:- For the purposes of this chapter, the standard of good faith shall not require either party to agree to a proposal or require the making of concessions, but shall require active participation in negotiations and a willingness to make reasonable concessions in order to equitably mitigate stranded costs and to provide justification for proposals and a sincere effort to reach agreement.

SECTION 133. Subsection (g) of said section 1G of said chapter 164, as so appearing, is hereby amended by striking out the fifth sentence and inserting in place thereof the following sentence:- Notwithstanding clauses (i) to (iii), inclusive, if the total kilowatt hour usage in any service territory falls below usage levels following the installation of such on-site generation or cogeneration equipment, and the department determines that the aggregate reduction in future purchases of electricity and transition charge payments resulting from customers' installing such equipment will have a significant adverse impact on electric bills to be paid by other customers in said distribution company's territory during the remaining period of transition cost recovery, then the department may order that an exit charge shall be paid on such terms as determined by the department based upon criteria promulgated herein and through rules and regulations.

SECTION 134. Said chapter 164 is hereby further amended by striking out section 47D, as appearing in section 197 of said chapter 164, and inserting in place thereof the following section:-

Section 47D. A municipal lighting plant created pursuant to the provisions of this chapter or any special law shall be exempt from the public record requirements of section 10 of chapter 66 and the open meeting requirements of section 23B of chapter 39 only in those instances when necessary for protecting trade secrets, confidential, competitively sensitive or other proprietary information provided in the course of proceedings conducted pursuant to this chapter when such municipal lighting plant board determines that such disclosure will adversely affect its ability to conduct business in relation to other entities making, selling, or distributing electric power and energy pursuant to this chapter.

SECTION 135. Section 52 of said chapter 164, as appearing in the 1996 Official Edition, is hereby amended by inserting after the word "for", in line 4, the second time it appears, the following word:- the.

SECTION 136. Section 56 of said chapter 164, as so appearing, is hereby amended by striking out, in line 28, the word "punished" and inserting in place thereof the following word:- punishable.

SECTION 137. Section 69E of said chapter 164, as so appearing, is hereby amended by striking out, in line 25, the words "the workmen's compensation law" and inserting in place thereof the following words:- chapter 152.

SECTION 138. The first paragraph of section 69R of said chapter 164, as amended by section 224 of chapter 164 of the acts of 1997, is hereby further amended by striking out the first sentence and inserting in place thereof the following sentence:- Any electric or gas company, generation company, or wholesale generation company may petition the department for the right to exercise the power of eminent domain with respect to the facility or facilities specified and contained in a petition submitted in accordance with section 69J or a bulk power supply substation if such company is unable to reach agreement with the owners of land for the acquisition of any necessary estate or interest in land.

SECTION 139. Said section 69R of said chapter 164 is hereby further amended by striking out the words "in the community in which the land to be taken is located", inserted by section 225 of said chapter 164, and inserting in place thereof the following words:- the community in which the land to be taken is located.

SECTION 140. Section 94G of said chapter 164, as appearing in the 1996 Official Edition, is hereby amended by striking out, in line 155, the word "to" and inserting in place thereof the following word:- be.

SECTION 141. Section 22A of chapter 166 of the General Laws, as so appearing, is hereby amended by striking out the introductory paragraph and inserting in place thereof the following paragraph:-

As used in this section and in sections 22B to 22M, inclusive, the following words shall, unless the context requires otherwise, have the following meanings:-.

SECTION 142. Section 1 of chapter 166A of the General Laws is hereby amended by striking out the definition of "Division", as amended by section 33 of chapter 88 of the acts of 1997, and inserting in place thereof the following definition:-

"Division", the division of community antenna television.

SECTION 143. Section 3 of said chapter 166A, as appearing in the 1996 Official Edition, is hereby amended by striking out, in line 15, the word "commission" and inserting in place thereof the following word:- division.

SECTION 144. Section 8 of said chapter 166A, as so appearing, is hereby amended by striking out, in line 8, the word "commission" and inserting in place thereof the following word:- division.

SECTION 145. Section 13 of said chapter 166A, as so appearing, is hereby amended by striking out, in line 5, the word "commission" and inserting in place thereof the following word:- division.

SECTION 146. Section 15 of said chapter 166A, as so appearing, is hereby amended by striking out, in line 19, the word "commission" and inserting in place thereof the following word:- division.

SECTION 147. Section 1 of chapter 167B of the General Laws, as appearing in the 1996 Official Edition, is hereby amended by striking out, in lines 101 and 116, the word "commonwealth;" and inserting in place thereof, in each instance, the following word:- commonwealth.

SECTION 148. Said section 1 of said chapter 167B, as so appearing, is hereby further amended by striking out, in line 105, the word "States;" and inserting in place thereof the following word:- States.

SECTION 149. Said section 1 of said chapter 167B, as so appearing, is hereby further amended by striking out, in line 112, the words "three and for the purposes of section four;" and inserting in place thereof the following words:- 3 and for the purposes of section 4.

SECTION 150. Section 3 of chapter 167F of the General Laws, as so appearing, is hereby amended by striking out, in line 21, the word "workmen's" and inserting in place thereof the following word:- workers'.

SECTION 151. Section 75 of chapter 171 of the General Laws, as so appearing, is hereby amended by striking out, in line 134, the figure "19___" and inserting in place thereof the following words:- (insert year).

SECTION 152. Section 46A of chapter 175 of the General Laws, as so appearing, is hereby amended by striking out, in line 4, the word "workmen's" and inserting in place thereof the following word:- workers'.

SECTION 153. Section 47 of said chapter 175, as so appearing, is hereby amended by striking out, in line 123, the word "workmen's" and inserting in place thereof the following word:- workers'.

SECTION 154. Section 80 of said chapter 175, as so appearing, is hereby amended by striking out, in line 66, the word "workmen's" and inserting in place thereof the following word:- workers'.

SECTION 155. Section 94D of said chapter 175, as so appearing, is hereby amended by striking out, in line 66, the word "workmen's" and inserting in place thereof the following word:- workers'.

SECTION 156. Section 94E of said chapter 175, as so appearing, is hereby amended by striking out, in line 25, the word "workmen's" and inserting in place thereof the following word:- workers'.

SECTION 157. Section 94J of said chapter 175, as so appearing, is hereby amended by striking out, in line 14, the word "workmen's" and inserting in place thereof the following word:- workers'.

SECTION 158. Section 99 of said chapter 175, as so appearing, is hereby amended by striking out, in lines 19, 88 and 89, the figure "19", each time it appears, and inserting in place thereof, in each instance, the following words:- (insert year).

SECTION 159. Section 108 of said chapter 175, as so appearing, is hereby amended by striking out, in lines 329, 358 and 359, 396 and 397, and in line 523, the word "workmen's" and inserting in place thereof, in each instance, the following word:- workers'.

SECTION 160. Section 168 of said chapter 175, as so appearing, is hereby amended by striking out, in line 7, the word "workmen's" and inserting in place thereof the following word:- workers'.

SECTION 161. Section 182 of said chapter 175, as so appearing, is hereby amended by striking out, in line 11, the word "workmen's" and inserting in place thereof the following word:- workers'.

SECTION 162. Section 183 of said chapter 175, as so appearing, is hereby amended by striking out, in line 6, the word "workmen's" and inserting in place thereof the following word:- workers'.

SECTION 163. Chapter 176B of the General Laws is hereby amended by striking out section 4P, inserted by section 147 of chapter 60 of the acts of 1994.

SECTION 164. Said chapter 176B is hereby further amended by striking out section 4Q, inserted by section 6 of chapter 302 of the acts of 1994.

SECTION 165. Said chapter 176B is hereby further amended by inserting after section 4R, inserted by section 4 of chapter 140 of the acts of 1998, the following two sections:-

Section 4S. Any subscription certificate under an individual or group medical service agreement that shall be delivered, issued or renewed in the commonwealth shall provide as benefits to all individual subscribers and members within the commonwealth and to all group members having a principal place of employment within the commonwealth, coverage for blood-glucose monitoring strips for home use for which a physician has issued a written order and which are medically necessary for the treatment of insulin-dependent diabetes.

Section 4T. Any subscription certificate under an individual or group medical service agreement delivered, issued or renewed in the commonwealth shall provide as benefits to all individual subscribers and members within the commonwealth and to all group members having a principal place of employment within the commonwealth for services rendered by a certified registered nurse anesthetist or nurse practitioner designated as such a certified registered nurse anesthetist or nurse practitioner by the board of registration in nursing pursuant to the provisions of section 80B of chapter 112; provided, however, that the following conditions are met: (1) the service rendered is within the scope of the certified registered nurse anesthetist's license or nurse practitioner's authorization to practice by the board of registration in nursing; and (2) the policy or contract currently provides benefits for identical services rendered by a provider of health care licensed by the commonwealth.

SECTION 166. Section 14 of said chapter 176B, as appearing in the 1996 Official Edition, is hereby amended by striking out, in line 9, the words "any workmen's compensation law" and inserting in place thereof the following words:- chapter 152.

SECTION 167. Section 14 of chapter 176E of the General Laws, as so appearing, is hereby amended by striking out, in line 6, the words "any workmen's compensation law" and inserting in place thereof the following words:- chapter 152.

SECTION 168. Section 14 of chapter 176F of the General Laws, as so appearing, is hereby amended by striking out, in line 6, the words "any workmen's compensation law" and inserting in place thereof the following words:- chapter 152.

SECTION 169. Chapter 176G of the General Laws is hereby amended by striking out section 4H, inserted by section 5 of chapter 284 of the acts of 1994.

SECTION 170. Said chapter 176G is hereby further amended by inserting after section 4K, inserted by section 7 of chapter 243 of the acts of 1998, the following section:-

Section 4L. Any group health maintenance contract shall provide coverage for hospice services as defined in section 57D of chapter 111 during the life of the patient, to terminally ill patients with a life expectancy of six months or less; provided, however, that such services are determined to be appropriate and authorized by the patient's primary care or treating physician and are equivalent to those services provided by a licensed hospice program regulated by the department of public health.

SECTION 171. Section 5 of chapter 176J of the General Laws, as appearing in the 1996 Official Edition, is hereby amended by striking out, in line 7, the first time it appears, the words "of such person".

SECTION 172. Section 20 of chapter 207 of the General Laws, as so appearing, is hereby amended by striking out, in line 10, the word "act," and inserting in place thereof the following word:- act.

SECTION 173. Section 5 of chapter 209C of the General Laws is hereby amended by striking out the words "by the IV-D agency as set forth in chapter 119A on behalf of the department of transitional assistance the department of social service, the division of medical assistance or any other public assistance program of the commonwealth", inserted by section 211 of chapter 64 of the acts of 1998, and inserting in place thereof the following words:- by the IV-D agency as set forth in chapter 119A on behalf of the department of transitional assistance, the department of social services, the division of medical assistance or any other public assistance program of the commonwealth.

SECTION 174. Section 17 of said chapter 209C is hereby amended by striking out the first sentence, as amended by section 234 of said chapter 64, and inserting in place thereof the following sentence:- In an action under this chapter to establish paternity of a child born out of wedlock, the court shall, on motion of a party and upon a proper showing except as provided in this section, order the mother, the child and the putative father to submit to one or more genetic marker tests of a type generally acknowledged as reliable and performed by a laboratory approved by an accreditation body designated by the federal Secretary of Health and Human Services pursuant to Title IV, Part D of the Social Security Act.

SECTION 175. Said section 17 of said chapter 209C is hereby further amended by striking out the words "genetic marker test", inserted by section 240 of said chapter 64, and inserting in place thereof the following words:- a genetic marker.

SECTION 176. Said section 17 of said chapter 209C is hereby further amended by striking out the words "genetic marker tests", inserted by section 246 of said chapter 64, and inserting in place thereof the following words:- genetic marker.

SECTION 177. Section 2 of chapter 210 of the General Laws, as appearing in the 1996 Official Edition, is hereby amended by striking out, in line 30, the figure "19" and inserting in place thereof the following words:- (insert year).

SECTION 178. Section 4A of chapter 211 of the General Laws, as so appearing, is hereby amended by striking out, in line 31, the word "workmen's" and inserting in place thereof the following word:- workers'.

SECTION 179. The fourth paragraph of section 10 of chapter 218 of the General Laws, as appearing in section 227 of chapter 194 of the acts of 1998, is hereby amended by striking out the line reading "fourth district court of eastern middlesex" and inserting in place thereof the following line:- fourth district court of eastern Middlesex.

SECTION 180. Section 20J of chapter 233 of the General Laws, as appearing in the 1996 Official Edition, is hereby amended by striking out, in line 31, the word "inadmissable" and inserting in place thereof the following word:- inadmissible.

SECTION 181. Section 14 of chapter 244 of the General Laws, as so appearing, is hereby amended by striking out, in line 60, the figure "19" and inserting in place thereof the following words:- (insert year).

SECTION 182. Section 17B of said chapter 244, as so appearing, is hereby amended by striking out, in lines 31 and 37, the figure "19" and inserting in place thereof, in each instance, the following words:- (insert year).

SECTION 183. Section 6A of chapter 252 of the General Laws, as so appearing, is hereby amended by striking out, in line 11, the word "workmen's" and inserting in place thereof the following word:- workers'.

SECTION 184. Section 5A of chapter 254 of the General Laws, as so appearing, is hereby amended by striking out, in line 24, the figure "19___" and inserting in place thereof the following words:- (insert year).

SECTION 185. Said section 5A of said chapter 254, as so appearing, is hereby further amended by striking out, in line 35, the figure "19" and inserting in place thereof the following words:- (insert year).

SECTION 186. Section 12 of said chapter 254, as so appearing, is hereby amended by striking out, in line 43, the figure "19" and inserting in place thereof the following words:- (insert year).

SECTION 187. Said section 12 of said chapter 254, as so appearing, is hereby further amended by striking out, in line 54, the figure "19.." and inserting in place thereof the following words:- (insert year).

SECTION 188. Section 14 of said chapter 254, as so appearing, is hereby amended by striking out, in line 37, the figure "19___" and inserting in place thereof the following words:- (insert year).

SECTION 189. Section 3 of chapter 258B of the General Laws, as so appearing, is hereby amended by striking out, in line 48, the word "prosection" and inserting in place thereof the following word:- prosecution.

SECTION 190. Section 30A of chapter 266 of the General Laws is hereby amended by striking out the fourth subparagraph, inserted by section 43 of chapter 295 of the acts of 1998.

SECTION 191. Section 2A of chapter 276 of the General Laws, as appearing in the 1996 Official Edition, is hereby amended by striking out, in line 25, the figure "19" and inserting in place thereof the following words:- (insert year).

SECTION 192. Section 2B of said chapter 276, as so appearing, is hereby amended by striking out, in lines 16 and 39, the figure "19" and inserting in place thereof, in each instance, the following words:- (insert year).

SECTION 193. Section 6A of chapter 279 of the General Laws, as amended by section 121 of chapter 19 of the acts of 1997, is hereby further amended by striking out the first paragraph and inserting in place thereof the following paragraph:-

When a person is sentenced on a first offense to imprisonment in a jail or house of correction for a term which does not exceed one year, the court may order the sentence to be served in whole or in part on weekends and legal holidays or such other periodic interval as the court may determine. Such a sentence shall be known as a special sentence of imprisonment. If an offender receives a special sentence of imprisonment under this section, he shall, unless otherwise provided by the sentence of the court, report to the institution to which he has been sentenced no later than 6:00 p.m. on Friday and shall be released at 7:00 a.m. on the succeeding Monday; provided, however, that if the succeeding Monday is a holiday, the offender shall not be released until 7:00 a.m. on Tuesday; and provided further, that the total time served shall be equal to the sentence imposed.

SECTION 194. Section 316 of chapter 164 of the acts of 1997 is hereby amended by striking out the first sentence and inserting in place thereof the following sentence:- Notwithstanding any general or special law, rule, or regulation to the contrary, the chairman of the department of telecommunications and energy is hereby authorized and directed, in conjunction with the director of the division of community antenna television established pursuant to chapter 166A of the General Laws, to conduct an investigation and study relative to the adequacy and effectiveness of existing licensing and regulation of cable television operations by municipalities and the commonwealth in meeting the needs of consumers across the commonwealth.

SECTION 195. Section 332 of said chapter 164 is hereby amended by striking out the second sentence and inserting in place thereof the following sentence:- In developing such process, the division shall create a mechanism for assessing fines and penalties for violations of such process.

SECTION 196. Item 0411-1000 of section 2 of chapter 194 of the acts of 1998 is hereby amended by adding the following words:- , prior appropriation continued.

SECTION 197. Item 0540-1100 of said section 2 of said chapter 194 is hereby amended by striking out the figure "$447,393" and inserting in place thereof the following figure:- $453,493.

SECTION 198. Said section 2 of said chapter 194 is hereby further amended by striking out item 1201-0160 and inserting in place thereof the following item:-

`tm;keep=no `tcol=6,B4;c1=1,9,tu,T;c2=1,78,tuc;c3=1,78,tuc;c4=12,52,tfh1;c5=16,49,tu;c6=65,13,tur `tc1 1201-0160 `tc4 For the child support enforcement unit; provided, that the department may allocate funds appropriated herein to the department of state police, the district courts, the probate and family courts, the district attorneys and other state agencies for the performance of certain child support enforcement activities and that such agencies may expend such funds for the purposes of this item; provided further, that all such allocations shall be reported quarterly to the house and senate committees on ways and means upon the allocation of such funds; provided further, that federal receipts associated with the child support computer network shall be drawn down at the highest possible rate of reimbursement and deposited into a revolving account to be expended for said network; provided further, that federal receipts associated with child support enforcement grants shall be deposited into a revolving account to be drawn down at the highest possible rate of reimbursement and to be expended for the grant authority, so-called; provided further, that the department shall file quarterly reports with the house and senate committees on ways and means detailing the balance, year-to-date and projected receipts and year-to-date and projected expenditures, by subsidiary, of the child support trust fund established pursuant to section 9 of chapter 119A of the General Laws; and provided further, that the department shall file a performance report with the house and senate committees on ways and means on or before January 15, 1999 detailing current staffing levels by function and performance indicators, including, but not limited to, TAFDC and non-TAFDC caseloads, collection levels, court cases, paternities established, court orders established, average employee workload, federal reimbursements, projections of such indicators for the remainder of the fiscal year and any deviations of current performance from previous projections ? `tc6 $44,127,335 `tcol;end

SECTION 199. Item 1410-0400 of said section 2 of said chapter 194 is hereby amended by inserting after the words "memorial day" the following words:- ; provided further, that subject to the approval of the commissioner, not less than $147,473 shall be paid to the town of Oxford as reimbursement for veterans' benefits paid by said town in 1991 to 1994, inclusive.

SECTION 200. Item 2350-0100 of said section 2 of said chapter 194 is hereby amended by striking out the figure "$9,208,025" and inserting in place thereof the following figure:- $9,458,025.

SECTION 201. Said section 2 of said chapter 194 is hereby further amended by inserting after item 4400-1100 the following item:- `tm;keep=no `tcol=6,B4;c1=1,9,tu,T;c2=1,78,tuc;c3=1,78,tuc;c4=12,52,tfh1;c5=16,49,tu;c6=65,13,tur `tc1 4400-8998 `tc4 For the acquisition of computer software for the BEACON project, so-called ? `tc6 $1,184,500 `tcol;end

SECTION 202. Said section 2 of said chapter 194 is hereby further amended by inserting after item 8910-0108 the following two items:- `tm;keep=no `tcol=6,B4;c1=1,9,tu,T;c2=1,78,tuc;c3=1,78,tuc;c4=12,52,tfh1;c5=16,49,tu;c6=65,13,tur `tc1 8910-1000 `tc4 For a prison industries revenue retention account for the Hampden sheriff's department; provided, that the department may expend an amount not to exceed $488,554 from revenues collected from the sale of products for materials, supplies, equipment, maintenance of facilities and compensation of employees of the program; and provided further, that all expenditures from this item shall be subject to the provisions of chapter 29 of the General Laws and recorded on the Massachusetts management accounting and reporting system, so-called ? `tc6 $488,554 `tc1 8910-1100 `tc4 For a prison industries revenue retention account for the Middlesex sheriff's department; provided, that the department may expend an amount not to exceed $75,000 from revenues collected from the sale of products for materials, supplies, equipment, maintenance of facilities and compensation of employees of the program; and provided further, that all expenditures from this item shall be subject to the provisions of chapter 29 of the General Laws and recorded on the Massachusetts management accounting and reporting system, so-called ? `tc6 $75,000 `tcol;end

SECTION 203. Chapter 229 of the acts of 1998 is hereby amended by inserting after the words "section 8A of chapter 212 of the acts of 1975" the following words:- or its successor, section 25 of chapter 23G of the General Laws.

SECTION 204. Section 2A of chapter 297 of the acts of 1998 is hereby amended by striking out item 7007-0210 and inserting in place thereof the following item:- `tm;keep=no `tcol=6,B4;c1=1,9,tu,T;c2=1,78,tuc;c3=1,78,tuc;c4=12,52,tfh1;c5=16,49,tu;c6=65,13,tur `tc1 7007-0210 `tc4 For the purpose of the Brownfields Redevelopment Fund established pursuant to section 8G of chapter 212 of the acts of 1975, or its successor, section 29A of chapter 23G of the General Laws; provided, that not less than $5,000,000 shall be expended for financial assistance to project sites located with federal empowerment zones or enterprise communities established pursuant to 42 U.S.C. 11501, et seq or a successor law ? `tc6 $30,000,000 `tc5 Brownfields Revitalization Fund ? 100.0% `tcol;end

SECTION 205. Sections 30 to 36 of chapter 319 of the acts of 1998 are hereby repealed.

Approved January 14, 1999.