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Session Law

2000

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Chapter 313 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. Section 3 of chapter 1 of the General Laws, as appearing in the 1998 Official Edition, is hereby amended by striking out, in lines 29 and 30, and in line 32, the words "Gay Head" and inserting in place thereof, in each instance, the following word:- Aquinnah.

SECTION 2. Section 9B of chapter 3 of the General Laws, as so appearing, is hereby amended by striking out, in line 18, the word "Manchester" and inserting in place thereof the following word:- Manchester-by-the-Sea.

SECTION 3. Said section 9B of said chapter 3, as so appearing, is hereby further amended by striking out, in line 81, the words "Gay Head" and inserting in place thereof the following word:- Aquinnah.

SECTION 4. Chapter 6 of the General Laws is hereby amended by striking out section 15BBBB, inserted by chapter 401 of the acts of 1998.

SECTION 5. Section 116 of said chapter 6, as appearing in the 1998 Official Edition, is hereby amended by striking out, in lines 23 and 24, the words "Massachusetts Defenders Committee" and inserting in place thereof the following words:- committee for public counsel services.

SECTION 6. Section 156 of said chapter 6, as so appearing, is hereby amended by striking out, in lines 19 and 20, the words "Massachusetts defenders committee" and inserting in place thereof the following words:- committee for public counsel services.

SECTION 7. Section 40F of chapter 7 of the General Laws, as so appearing, is hereby amended by striking out, in line 8, the word "deputy".

SECTION 8. Chapter 28A of the General Laws, as so appearing, is hereby amended by striking out the title and inserting in place thereof the following title:- OFFICE OF CHILD CARE SERVICES.

SECTION 9. Section 2F of chapter 29 of the General Laws, as so appearing, is hereby amended by striking out, in lines 17, 30 and 52, the word "deputy".

SECTION 10. Section 2G of said chapter 29, as so appearing, is hereby amended by striking out, in line 25, the words "of the General Laws".

SECTION 11. Section 3 of said chapter 29, as so appearing, is hereby amended by striking out, in lines 46 and 49, the word "deputy".

SECTION 12. Section 4 of said chapter 29, as so appearing, is hereby amended by striking out, in line 22, the word "deputy".

SECTION 13. Section 5B of said chapter 29, as so appearing, is hereby amended by striking out, in line 28, the word "deputy".

SECTION 14. Section 7A of said chapter 29, as so appearing, is hereby amended by striking out, in lines 7, 16, 25 and 29, the word "deputy".

SECTION 15. Section 7B of said chapter 29, as so appearing, is hereby amended by striking out, in lines 13, 17 and 29, the word "deputy".

SECTION 16. Section 7C of said chapter 29, as so appearing, is hereby amended by striking out, in lines 5, 16, 18, 23, 41, 50 and 64, the word "deputy".

SECTION 17. Section 7E of said chapter 29, as so appearing, is hereby amended by striking out, in lines 6, 11, 16, 27, 35, 42, 55, 56 and 61, the word "deputy".

SECTION 18. Section 7G of said chapter 29, as so appearing, is hereby amended by striking out, in line 1, the word "deputy".

SECTION 19. Section 7I of said chapter 29, as so appearing, is hereby amended by striking out, in lines 16, 29, 32 and 43, the word "deputy".

SECTION 20. Section 7J of said chapter 29, as so appearing, is hereby amended by striking out, in line 14, the word "deputy".

SECTION 21. Section 7K of said chapter 29, as so appearing, is hereby amended by striking out, in lines 21, 25 and 39, the word "deputy".

SECTION 22. Section 94 of chapter 32 of the General Laws, as so appearing, is hereby amended by inserting after the word "in", in line 16, the following word:- the.

SECTION 23. Section 100A of said chapter 32, as so appearing, is hereby amended by striking out subsection (e) and inserting in place thereof the following subsection:-

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

SECTION 24. Section 26 of chapter 40B of the General Laws, as so appearing, is hereby amended by striking out the word "Manchester" and inserting in place thereof the following word:- Manchester-by-the-Sea.

SECTION 25. Section 143A of chapter 54 of the General Laws, as so appearing, is hereby amended by striking out, in line 1, the words "Registry of Deeds.".

SECTION 26. Section 4 of chapter 57 of the General Laws, as so appearing, is hereby amended by striking out, in line 26, the words "Gay Head" and inserting in place thereof the following word:- Aquinnah.

SECTION 27. Subsection (e) of section 2 of chapter 62 of the General Laws is hereby amended by striking out paragraph (I), as amended by section 15 of chapter 236 of the acts of 2000.

SECTION 28. Said subsection (e) of said section 2 of said chapter 62, as most recently amended by section 16 of said chapter 236, is hereby further amended by adding the following paragraph:-

(M)(1) Each class of net capital loss for the year shall be applied against the other class's net capital gains included in Part C gross income in the following order: Class B net capital gain shall first be offset by any Class C net capital loss, then by any Class D net capital loss, then by any Class E net capital loss, then by any Class F net capital loss and then by any Class G net capital loss. Class C net capital gain shall first be offset by the remainder of any Class B net capital loss, then by the remainder of any Class D net capital loss, then by the remainder of any Class E net capital loss, then by the remainder of any Class F net capital loss and then by the remainder of any Class G net capital loss. Class D net capital gain shall first be offset by the remainder of any Class B net capital loss, then by the remainder of any Class C net capital loss, then by the remainder of any Class E net capital loss, then by the remainder of any Class F net capital loss and then by the remainder of any Class G net capital loss. Class E net capital gain shall first be offset by the remainder of any Class B net capital loss, then by the remainder of any Class C net capital loss, then by the remainder of any Class D net capital loss, then by the remainder of any Class F net capital loss and then by the remainder of any Class G net capital loss. Class F net capital gain shall first be offset by the remainder of any Class B net capital loss, then by the remainder of any Class C net capital loss, then by the remainder of any Class D net capital loss, then by the remainder of any Class E net capital loss and then by the remainder of any Class G net capital loss. Class G net capital gain shall first be offset by the remainder of any Class B net capital loss, then by the remainder of any Class C net capital loss, then by the remainder of any Class D net capital loss, then by the remainder of any Class E net capital loss and then by the remainder of any Class F net capital loss. The amount of any class of net capital loss that remains after the foregoing offsets, reduced by the amount of such loss that is deducted under subparagraph (b) of paragraph (2) of subsection (c), shall be Part C capital loss within the same class in the succeeding taxable year.

(2) Class B, C, D, E, F and G net gains shall be reduced by any remaining excess of the deductions allowable under subsection (d) over the Part B gross income, after applying the excess of each class's net capital loss against other class's net capital gains in accordance with subparagraph (1) and after applying such excess Part B deductions against Part A gross income in accordance with paragraph (1) of subsection (c). Any Part B deductions in excess of Part B income shall first be applied to Class B net gains, then to Class C net gains, then to Class D net gains and then to Class E net gains. The amount deductible under this paragraph shall not exceed the amount of Part C gross income which is effectively connected with the active conduct of a trade or business of the taxpayer. Excess Part B deductions shall not be applied to increase the amount of any net capital losses and may not reduce the amount of any net capital gain below zero. The resulting amount of net capital gain or net capital loss shall comprise Part C adjusted gross income.

SECTION 29. Chapter 74 of the General Laws is hereby amended by striking out section 32, as appearing in the 1998 Official Edition, and inserting in place thereof the following section:-

Section 32. Any resident of the commonwealth over 14 years of age who resides in any town outside of a county in which a county agricultural school is located may be admitted to such school on the conditions prescribed in section 7.

SECTION 30. Section 38 of chapter 75 of the General Laws, as so appearing, is hereby amended by striking out subsection (a) and inserting in place thereof the following subsection:-

(a) There shall be a National Environmental Technology Institute, hereinafter referred to as the institute, at the University of Massachusetts at Amherst, which shall have accredited programs in engineering and public health.

SECTION 31. Section 22 of chapter 101 of the General Laws, as so appearing, is hereby amended by striking out, in lines 1, 5, 6, 10 and 11, the word "director" and inserting in place thereof, in each instance, the following words:- deputy director.

SECTION 32. Section 26 of said chapter 101, as so appearing, is hereby amended by striking out, in line 1, the word "director" and inserting in place thereof the following words:- deputy director.

SECTION 33. Chapter 112 of the General Laws is hereby amended by striking out sections 201 to 206, inclusive, inserted by section 3 of chapter 146 of the acts of 1999.

SECTION 34. Said chapter 112 is hereby further amended by adding the following six sections:-

Section 221. As used in sections 222 to 226, inclusive, the following words shall, unless the context clearly requires otherwise, have the following meanings:-

"Associate home inspector", a person employed by a licensed home inspector to conduct home inspections of residential buildings under the supervision of a licensed home inspector who is licensed pursuant to this chapter.

"Board", the board of registration of home inspectors established pursuant to section 96 of chapter 13.

"Client", a person who engages the services of a home inspector for the purpose of obtaining inspection of and a written report on the condition of a residential building.

"Division", the division of registration.

"Home inspection", the process by which a home inspector observes and provides pursuant to the sale and transfer of a residential building, a written evaluation of the following readily accessible components of a residential building: heating, cooling, plumbing and electrical systems, structural components, foundation, roof, masonry structure, exterior and interior components and any other related residential housing components. A home inspection shall, at a minimum, conform with standards of practice promulgated by the board.

"Home inspector", a person licensed as a home inspector pursuant to this chapter.

"Residential building", a structure consisting of one to four dwelling units.

Section 222. (a) No person shall present, call or represent himself as authorized to provide a home inspection for compensation unless licensed by the board in accordance with this section and sections 223 to 226, inclusive. No person shall conduct a home inspection for compensation unless licensed by the board in accordance with this section and said sections 223 to 226, inclusive, and unless he provides a written report of the home inspection. The requirements contained in this subsection shall not be construed to prevent any of the following persons from acting within the scope of their profession:

(1) a person employed as a code enforcement official by the commonwealth or a political subdivision thereof when acting within the scope of his employment;

(2) an architect licensed pursuant to sections 60A to 60O, inclusive;

(3) a professional engineer licensed pursuant to sections 81D to 81T, inclusive;

(4) an electrician licensed pursuant to chapter 141;

(5) a plumber licensed pursuant to chapter 142;

(6) a real estate broker or salesman licensed pursuant to section 87XX;

(7) a real estate appraiser or certified general or residential real estate appraiser licensed pursuant to sections 173 to 195, inclusive, or an insurance adjuster;

(8) a person certified or registered as a pesticide applicator;

(9) a person employed as a radon, licensed lead paint, urea formaldehyde or termite inspector solely for the purpose of conducting such inspections;

(10) an individual or business hired solely for the purpose of inspecting the energy-related components of a dwelling in order to assess a home's energy performance;

(11) officers and employees of the United States or the commonwealth while engaged within the commonwealth in the practice of inspection on behalf of the United States or the commonwealth;

(12) a person making a home inspection in the presence of a licensed home inspector for the purpose of meeting the requirements of section 223 to qualify for licensure as an associate home inspector; and

(13) a person conducting an inspection of septic systems as required by 310 CMR 15 solely for the purpose of checking or being in compliance with 310 CMR 15.

(b) Each applicant for a license as a home inspector shall furnish the board with proof of satisfactory completion of the educational, training and experience requirements for licensure, including completion of an approved program of work experience and proof of having passed a licensing examination approved by the board. Applications for licenses and renewals thereof shall be submitted in accordance with procedures established by the board. Pursuant to section 3B of chapter 7, the secretary of administration and finance shall ensure that a licensing fee shall be charged to all applicants in an amount sufficient to defray all administrative costs to the commonwealth associated with the licensure of home inspectors, but in no event shall the fee be less than $100.

The board shall license as a home inspector an applicant who meets the requirements set forth in this section. Said board shall issue to a home inspector and an associate home inspector a license. Each such licensed home inspector and associate home inspector shall carry the license with him at all times and make it available for presentation to a client or prospective client.

(c) A license shall be issued for a period of two years and shall be renewable on or before the last day of the month in an even-numbered year. Each licensee shall pay to the board a license fee or renewal fee, as appropriate, which shall be set by the secretary of administration and finance. The renewal month shall be determined by the division to facilitate efficient completion of all renewal requests and avoid backlog. The renewal of a home inspector license shall be contingent upon compliance with the continuing education requirements and standards of practice as determined by the board and defined by rules and regulations.

(d) To be eligible for licensure as a home inspector, an applicant shall:

(i) be of good moral character;

(ii) have successfully completed high school or its equivalent;

(iii) have been engaged as a licensed associate home inspector for not less than one year and have performed not less than 100 home inspections under the supervision of a licensed home inspector;

(iv) have passed a written or electronic competency examination offered or approved by the board; and

(v) pay the appropriate fee set by the secretary of administration and finance.

Section 223. The board shall establish the requirements for licensure as an associate home inspector and shall promulgate such rules and regulations to establish the associate training program and duties and responsibilities of the supervisor and otherwise as may be necessary pursuant to the provisions of this section. Said board shall license as an associate an applicant who has shown to the satisfaction of the board that the applicant:

(1) is of good moral character;

(2) has successfully completed high school or its equivalent;

(3) has successfully completed a board-approved training program;

(4) has performed not less than 25 home inspections in the presence of a licensed home inspector;

(5) has passed a written or electronic competency examination offered or approved by the board;

(6) has an identified supervisor who is a person licensed in good standing in the commonwealth as a home inspector; and

(7) has paid the appropriate fee, which shall be set by the secretary of administration and finance.

Section 224. Upon payment to the board of a fee and the submission of a written application provided by said board, the board shall issue a home inspector license to a person who holds a valid license or registration issued by another jurisdiction which has standards substantially equivalent to or exceeding the standards of the commonwealth, as determined by said board.

Section 225. The board shall establish procedures for the filing of complaints regarding home inspectors who are subject to requirements for licensure.

A licensed home inspector and associate home inspector engaged in the practice of home inspection shall secure, maintain and file with the board satisfactory proof of a certificate of an errors and omissions policy which shall be in a minimum amount of $250,000 in the aggregate. Every proof of an errors and omissions policy shall stipulate that cancellation or nonrenewal of the policy shall not be effective until at least ten days' notice of intention to cancel or not renew has been received in writing by the board. No home inspector or associate may supervise or perform a home inspection unless his performance of the inspection is covered by an errors and omissions policy of at least $250,000 in the aggregate. Such proof shall be deemed satisfactory if the policy is carried by the licensed company, partnership or franchise for which the home inspector or associate home inspector is a contracted employee and the home inspector or associate home inspector is specifically covered by such policy.

A licensed home inspector and associate home inspector shall promptly report to the insurance company any complaint filed against either the inspector or the inspector's company in a court of competent jurisdiction when the claim in the complaint is greater than the deductible on the inspector's errors and omissions insurance policy.

Any action arising from a home inspection shall be commenced only within three years after the date of a completed written report of a home inspection by a home inspector.

Said board shall investigate all complaints filed with the board relating to the proper practice of home inspection and all complaints relating to a violation of this chapter or any rule or regulation of said board.

Said board may, by a majority vote, after a hearing held subject to chapter 30A, deny, refuse renewal, limit, suspend or revoke the license of a home inspector or an associate home inspector upon proof to the satisfaction of the board that the holder thereof has:

(1) committed fraud or misrepresentation in obtaining a license;

(2) been guilty of criminal conduct which the board determines to be of such a nature as to render such a person unfit to practice as a licensed home inspector or associate home inspector, as evidenced by criminal proceedings which resulted in a conviction, guilty plea or plea of nolo contendere or an admission of sufficient facts;

(3) failed to report a claim forthwith to the insurance carrier as provided in this section;

(4) violated any rule or regulation of the board;

(5) failed to fulfill any continuing education requirements set out by the board;

(6) violated any ethical standard which the board determines to be of such a nature as to render such person unfit to practice as a home inspector or associate home inspector, such as:

(i) disclosing information concerning the results of the home inspection without the approval of a client or the client's representative;

(ii) accepting compensation from more than one interested party for the same service without the consent of all interested parties;

(iii) accepting commissions or allowances, directly or indirectly, from parties other than the client in connection with work for which the licensee is responsible to the client;

(iv) failing to promptly disclose to a client or potential client information about any business interest of the licensee which may affect the client or potential client in connection with the home inspection;

(v) attempting to limit liability for negligent or wrongful errors or omissions by use of a clause within a performance contract that limits the cost of damages for negligent or wrongful errors or omissions; or

(vi) conducting a home inspection without the appropriate errors and omissions insurance coverage;

(7) failed to provide a written report of the completed home inspection;

(8) reported on the market value of the property or its marketability; or

(9) reported on the advisability or inadvisability of the purchase of the property.

Section 226. The board may, by a majority vote and upon determination made after a hearing pursuant to chapter 30A, find that a home inspector or associate home inspector is liable for a violation of the provisions of sections 222 to 225, inclusive, and may impose the following fines and penalties:

(1) suspend, revoke, cancel or place on probation the license of the home inspector or associate;

(2) reprimand or censure the licensee;

(3) order the licensee to complete continuing education or training or both as a condition of retention or future consideration or reinstatement of such license;

(4) order the licensee to participate in a drug or alcohol rehabilitation program or undergo drug testing or both as a condition of reinstatement of such license;

(5) order the licensee to practice under appropriate supervision for a period of time to be determined by said board as a condition of retention of future consideration of reinstatement of such license;

(6) order financial restitution, where appropriate; and

(7) assess an administrative penalty of not more than $1,000 for each violation.

Whoever, not being licensed as a home inspector or an associate home inspector, holds himself out as such or whoever, being licensed, impersonates another home inspector or associate home inspector or violates any rule or regulation made by said board and performs a home inspection, may be assessed a civil penalty of not more than $5,000 for each violation. Such civil penalty may be assessed by the board after hearing and may be enforced by the courts of the commonwealth.

No action by a home inspector for recovery of a fee for the performance of a home inspection shall be maintained in the courts of the commonwealth unless the individual who performed the inspection was duly licensed at the time the fee was earned.

An appeal of a license suspension, revocation, cancellation or other discipline shall be made to the superior court based solely on the administrative record compiled at the board hearing.

SECTION 35. Chapter 115 of the General Laws is hereby amended by striking out section 6A, as appearing in the 1998 Official Edition, and inserting in place thereof the following section:-

Section 6A. As used in this section and in sections 6B and 6C, the word "veteran" shall mean a person who has performed wartime service as defined in Clause Forty-third of section 7 of chapter 4 or any person who served on active duty in the armed forces of the United States for a period of at least 180 days and whose last discharge or release from the armed forces of the United States was under other than dishonorable conditions and who is a resident of the commonwealth.

SECTION 36. Section 29A of chapter 119 of the General Laws, as so appearing, is hereby amended by striking out, in line 3, the words "Massachusetts defenders committee" and inserting in place thereof the following words:- committee for public counsel services.

SECTION 37. Section 129D of chapter 127 of the General Laws is hereby amended by striking out the last paragraph, added by section 134 of chapter 127 of the acts of 1999, and inserting in place thereof the following paragraph:-

Good conduct credit earned or to be earned under this section or section 129C shall be subject to reduction by order of the court upon a finding that a claim or action brought by a prisoner was frivolous and filed in bad faith in order to abuse the judicial process or upon a determination that an inmate intentionally and in bad faith in order to abuse the judicial process has misrepresented or omitted material information in an affidavit submitted under section 29 of chapter 261.

SECTION 38. Section 13 of chapter 132A of the General Laws, as appearing in the 1998 Official Edition, is hereby amended by striking out, in lines 69 and 87, the word "Manchester" and inserting in place thereof, in each instance, the following word:- Manchester-by-the-Sea.

SECTION 39. Section 1 of chapter 161A of the General Laws, as appearing in section 151 of chapter 127 of the acts of 1999, is hereby amended by striking out the definition of "Fifty-one cities and towns" and inserting in place thereof the following definition:-

"51 cities and towns", the cities and towns of Bedford, Beverly, Braintree, Burlington, Canton, Cohasset, Concord, Danvers, Dedham, Dover, Framingham, Hamilton, Hingham, Holbrook, Hull, Lexington, Lincoln, Lynn, Lynnfield, Manchester-by-the-Sea, Marblehead, Medfield, Melrose, Middleton, Nahant, Natick, Needham, Norfolk, Norwood, Peabody, Quincy, Randolph, Reading, Salem, Saugus, Sharon, Stoneham, Swampscott, Topsfield, Wakefield, Walpole, Waltham, Wellesley, Wenham, Weston, Westwood, Weymouth, Wilmington, Winchester, Winthrop and Woburn.

SECTION 40. Paragraph (f) of section 3 of said chapter 161A, as so appearing, is hereby amended by striking out the third sentence and inserting in place thereof the following sentence:- Any agreement with a private company under this chapter which is to be financed from the proceeds of bonds or bond anticipation notes and which provides for the rendering of transportation service by such company and for financial assistance to such company by subsidy, lease or otherwise shall include such service quality standards for such service as the authority may deem appropriate and shall not bind the authority for a period of longer than one year from its effective date, but this shall not prohibit agreements for longer than one year if the authority's obligations thereunder are subject to annual renewal or annual cancellation by the board's authority.

SECTION 41. Section 10 of chapter 175 of the General Laws is hereby amended by striking out the words "or a health maintenance organization as defined in chapter 176G,", inserted by section 2 of chapter 143 of the acts of 1999, and inserting in place thereof the following words:- or a health maintenance organization as defined in chapter 176G.

SECTION 42. Section 24D of said chapter 175 is hereby amended by striking out subsection (a), as amended by section 153 of chapter 127 of the acts of 1999, and inserting in place thereof the following subsection:-

(a) Prior to making any nonrecurring payment equal to or in excess of $500 to a claimant under a contract of insurance, every company authorized to issue policies of insurance pursuant to this chapter shall exchange information with the IV-D agency, as set forth in chapter 119A, to ascertain whether such claimant owes past due child support to the commonwealth or to an individual to whom the IV-D agency is providing services, and is subject to a child support lien pursuant to section 6 of said chapter 119A. To determine whether a claimant owes past due child support, the company shall either provide the IV-D agency with information about the claimant or examine information made available by the IV-D agency and updated not more than once a month. If the company elects to provide the IV-D agency with information about a claimant, the company shall provide to the IV-D agency, not less than ten business days prior to making payment to such claimant, the claimant's name, address, date of birth and social security number as appearing in the company's files and such other information appearing in the company's files as the commissioner of revenue may require by regulation in consultation with the commissioner of insurance. The company shall use a method and format prescribed by the commissioner of revenue but if the company is unable to use a method and format prescribed by said commissioner of revenue, such company shall cooperate with the IV-D agency to identify another method or format, including submission of written materials. If the company elects to examine information made available by the IV-D agency and such claimant owes past due child support and is subject to a lien, the company shall notify the IV-D agency, not less than ten business days prior to making payment to such claimant, of the claimant's name, address, date of birth and social security number as appearing in the company's files and such other information appearing in the company's files as the commissioner of revenue may require by regulation in consultation with the commissioner of insurance, using a method and format prescribed by the commissioner of revenue. The company may remit to the IV-D agency the full amount of the lien or the full amount otherwise payable to the claimant at the time that it so notifies the IV-D agency at any time prior to making payment to the claimant, without regard to the ten business day period. If, at any time prior to payment, the IV-D agency notifies the company of its child support lien against a claimant by giving the company a notice of levy pursuant to said section 6 of said chapter 119A, the company shall withhold from the payment the amount of past due support as set forth in the notice of levy and shall provide such amount to the IV-D agency for disbursement to the obligee. The child support lien shall encumber the right of the claimant to payment under the policy and the company shall disburse to the claimant only that portion of the payment, if any, remaining after the child support lien has been satisfied.

For the purpose of this section, the word "claimant" shall mean an individual who brings a claim against an insured under a liability insurance policy or the liability coverage portion of a multiperil policy or a beneficiary under a life insurance policy.

SECTION 43. Chapter 215 of the General Laws is hereby amended by striking out section 30A, inserted by section 2 of chapter 398 of the acts of 1998, and inserting in place thereof the following section:-

Section 30B. The chief justice of the probate and family court department shall prescribe a form which shall provide all interested persons of an estate with information regarding the estate administration process as well as a description of their rights and ability to enforce such rights under such process. An individual seeking appointment as an executor, administrator, guardian, conservator or trustee of an estate shall provide such form to all ascertained interested persons at the time such individual seeks assent to such appointment. Anyone seeking appointment to such position shall provide proof, in a manner satisfactory to the court, that the form has been provided to all interested parties or that a reasonable effort to so provide such form has been made. Such proof shall be a condition precedent to the appointment of a person as executor, administrator, guardian, conservator or trustee of an estate. The form shall contain such information as the chief justice deems necessary to adequately inform such persons and shall include, but not be limited to, the following information:

(1) the name and address of the petitioner, executor, administrator, guardian, conservator or trustee of the estate;

(2) a statement that the notice is being sent to persons who have or may have some interest in the estate;

(3) a description of the court where papers relating to the estate are on file;

(4) requirements under chapter 195 relating to inventories of estates;

(5) any surety or bond required of the executor or administrator, the potential for waiving such requirement, an interested person's rights with regard to objecting to the waiver and any rights an interested person has with regard to bringing an action on the bond;

(6) requirements under chapter 206 relating to the rendering of accounts and the settlement and allowance of accounts relative to the estate, including any rights of an interested person and any procedures necessary for an interested person to review or object to the accounts or settlement statements, including any fees paid to the executor or administrator; and

(7) a statement describing the legal consequences including, but not limited to, any rights which may be waived, resulting from the giving of one's assent or consent during the estate administration process.

SECTION 44. Section 1 of chapter 218 of the General Laws, as appearing in the 1998 Official Edition, is hereby amended by striking out, in line 80, the word "Manchester" and inserting in place thereof the following word:- Manchester-by-the-Sea.

SECTION 45. Section 34E of chapter 221 of the General Laws, as so appearing, is hereby amended by striking out the preceding caption.

SECTION 46. Section 27A of chapter 261 of the General Laws, as amended by section 180 of chapter 127 of the acts of 1999, is hereby further amended by striking out the definition of "Indigent" and inserting in place thereof the following definition:-

"Indigent", (a) a person who receives public assistance under aid to families with dependent children, program of emergency aid for elderly and disabled residents or veterans' benefits programs or who receives assistance under Title XVI of the Social Security Act or the medicaid program, 42 U.S.C.A. 1396, et seq.; (b) a person whose income, after taxes, is 125 per cent or less of the current poverty threshold established annually by the Community Services Administration pursuant to section 625 of the Economic Opportunity Act, as amended; or (c) a person who is unable to pay the fees and costs of the proceeding in which he is involved or is unable to do so without depriving himself or his dependents of the necessities of life, including food, shelter and clothing, but an inmate shall not be adjudged indigent pursuant to section 27C unless the inmate has complied with the procedures set forth in section 29 and the court finds that the inmate is incapable of making payments under the plans set forth in said section 29.

SECTION 47. The first paragraph of section 64 of chapter 365 of the acts of 1996 is hereby amended by striking out the second sentence and inserting in place thereof the following sentence:- Said corporation shall be constituted a quasi-public instrumentality of the commonwealth and shall be vested with all of the legal powers, authority, responsibilities, duties, rights, obligations, assets and liabilities of the industrial services program, economic stabilization trust, and of the former Bay State Skills Corporation, to the extent not already transferred to the industrial services program pursuant to section 634 of chapter 151 of the acts of 1996.

SECTION 48. Subsection (d) of section 10 of chapter 152 of the acts of 1997 is hereby amended by striking out, in lines 3 and 4, the words "June 30, 2002" and inserting in place thereof the following words:- June 30, 2003.

SECTION 49. Section 2F of chapter 55 of the acts of 1999 is hereby amended by striking out item number 8100-0001 and inserting in place thereof the following number:- 8100-0021.

SECTION 49A. Chapter 127 of the acts of 1999 is hereby amended by striking out section 68 and inserting in place thereof the following section:-

Section 68. Section 3 of said chapter 62, as so appearing, is hereby amended by striking out, in line 69, the word "Code." and inserting in place thereof the following words:- Code but, for purposes of this provision, the amount of allowable employment-related expenses may exceed those claimed under section 21 of the Code for taxable years beginning on or after January 1, 2001, but may not exceed a total of $3,600 if there is one qualifying individual with respect to the taxpayer, or $7,200 if there are two or more qualifying individuals with respect to the taxpayer for taxable years beginning before January 1, 2002 and may not exceed a total of $4,800 if there is one qualifying individual with respect to the taxpayer, or $9,600 if there are two or more qualifying individuals with respect to the taxpayer for taxable years beginning on or after January 1, 2002.

SECTION 50. Item 2320-0200 of section 2 of said chapter 127 is hereby amended by striking out the words "permitting and construction of a multiple lane voting access ramp" and inserting in place thereof the following words:- permitting and construction of a multiple lane boating access ramp.

SECTION 51. The first sentence of section 250 of said chapter 127 is hereby amended by inserting after the words "disproportionate share payments" the following words:- and service rate payments.

SECTION 52. Section 10 of chapter 195 of the acts of 2000 is hereby repealed.

SECTION 53. Chapter 235 of the acts of 2000 is hereby amended by striking out section 16 and inserting in place thereof the following section:-

Section 16. Section 6 of said chapter 64H is hereby amended by adding the following paragraph:-

(tt) Sales of tangible personal property purchased by a consultant contractor or subcontractor, or operating contractor or subcontractor, of any governmental body or agency, described in paragraph (d), for use in fulfilling a consulting or operating contract to provide qualified services in a public project, provided that the consultant contractor or subcontractor or operating contractor or subcontractor is required both to acquire such property and to be reimbursed for the cost of such property pursuant to such contract.

For purposes of this paragraph:

(A) A consultant contractor or operating contractor of any governmental body or agency described in paragraph (d) is a person who enters into a consulting or operating contract to provide qualified services, and agrees to act as the agent for, such governmental body or agency with respect to purchases of tangible personal property on behalf of such governmental body or agency.

(B) A consultant or operating subcontractor is any person who enters into a contract with a consultant or operating contractor to provide qualified services and agrees to act as the agent for a governmental body or agency with respect to purchases of tangible personal property on behalf of such governmental body in fulfilling a consulting contract. A consultant subcontractor or operating subcontractor shall be considered to be reimbursed for the cost of tangible personal property whether it receives such funds directly from any governmental body or agency described in paragraph (d) or indirectly through a consultant contractor or subcontractor or operating contractor or subcontractor, as the case may be.

(C) A consultant subcontractor or operating subcontractor who enters into a contract to provide qualified services with any higher-tiered consultant subcontractor or higher-tiered operating subcontractor is deemed to be a consultant subcontractor or operating subcontractor.

(D) A consulting or operating contract is a contract to provide qualified services under which any governmental body or agency described in paragraph (d) authorizes purchases of tangible personal property to be made on its behalf by a person who agrees to provide qualified services to such governmental body or agency. A governmental body or agency described in paragraph (d) shall be considered to have authorized such purchases to be made on its behalf by a person when it enters into such a contract that expressly authorizes the person to act as an agent or sub-agent of such governmental body or agency for purposes of making such purchases.

(E) Tangible personal property shall be considered to be used in fulfilling a consulting or operating contract if its acquisition has been authorized by the terms of such contract and any one or more of the following has occurred: (i) it is completely expended in the performance of a contract to provide qualified services; (ii) title to and possession of such property is turned over to a governmental body or agency described in paragraph (d) pursuant to the consulting or operating contract; or (iii) it becomes an ingredient and component part of tangible personal property that is turned over to said governmental body or agency pursuant to the consulting or operating contract; provided, however, that tangible personal property shall not be considered to be used in fulfilling a consulting or operating contract if it is used to administer, oversee, supply, maintain, or control any of the consultant contractor's or operating contractor's or consultant subcontractors or operating subcontractor's own offices, facilities, workshops, vehicles, equipment or business operations.

(F) Qualified services shall include:

(i) studying the feasibility or environmental impact of a public project;

(ii) providing engineering, architectural or other design services necessary to complete a public project;

(iii) managing the planning, design, or construction of a public project; or

(iv) managing the operation or maintenance of any publicly owned mass transportation equipment or facilities.

(G) A public project is any project for the construction, alteration, remodeling, repair, remediation or operation of any public highway, tunnel, bridge, building, real property structure, public mass transportation equipment or facility, or other public work which is owned by or held in trust for the benefit of any governmental body or agency mentioned in paragraph (d) and the cost of which is funded, in whole or in part, by funds appropriated to or authorized for expenditure by any governmental body or agency described in paragraph (d).

SECTION 54. Section 35 of chapter 236 of the acts of 2000 is hereby repealed.

SECTION 55. Section 56A of said chapter 236 is hereby repealed.

SECTION 56. Section 28 shall apply to tax year 1996 and to all successive tax years beginning on or after January 1, 1996.

SECTION 57. Sections 39 and 40 shall take effect on July 1, 2000.

SECTION 58. Section 49A shall take effect as of July 1, 1999.

SECTION 59. Sections 48, 49, 51, 54 and 55 shall take effect as of June 30, 2000.

SECTION 60. Section 53 shall take effect on November 1, 2000.

Approved November 9, 2000.

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