SECTION 101. Said section 57 of said chapter 121B, as appearing in the 1994 official edition, is hereby amended by striking out, in line 40, the words "fifty million dollars" and inserting in place thereof the following figure:- $50,000,000.
SECTION 102. Section 4 of chapter 131 of the General Laws, as appearing in the 1994 Official Edition, is hereby amended by adding the following clause:-
(16) enter into such contracts as the director, in consultation with the commissioner, deems necessary or appropriate in order to fulfill the responsibilities and mandates of the agency, including, but not limited to, contracts for the cutting and sale of timber on lands managed by the division, and shall deposit monies received from such contracts into the Inland Fisheries and Game Fund pursuant to section 2; provided, however, that it shall be a condition of each contract for the cutting and sale of timber that clear-cutting timber on lands managed by the division is specifically prohibited.
SECTION 103. Section 137C of chapter 140 of the General Laws, as so appearing, is hereby amended by striking out, in line 1, the words "county commissioners" and inserting in place thereof the following words:- mayor of a city or selectmen of a town.
SECTION 104. Paragraph (f) of section 46 of chapter 151A, as so appearing, is hereby amended by adding the following sentence:- Nothing in this chapter shall prohibit the commissioner from providing information to the division of medical assistance and the secretary of health and human services to support the provision of federal funding under section 1115 of the Social Security Act for programs implemented pursuant to subsection (j) of section 14G.
SECTION 105. Section 58A of chapter 151A of the General Laws, as so appearing, is hereby amended by inserting after the first paragraph the following paragraph:-
The administrative expenses the commissioner is authorized to make under the preceding paragraph of this section shall be strictly limited to those expenses which are directly related to the operation of programs and activities governed by this chapter, and shall not include expenditures for operation of one-stop career centers, so-called.
SECTION 106. Section 69B of chapter 152 of the General Laws, as so appearing, is hereby amended by striking out, in lines 3, 4 and 8, the words "commissioner of public employee retirement" and inserting in place thereof the following words:- personnel administrator.
SECTION 107. Said section 69B of said chapter 152, as so appearing, is hereby further amended by striking out, in line 4, the word "commissioner" and inserting in place thereof the following words:- personnel administrator.
SECTION 108. Said chapter 152, as so appearing, is hereby further amended by adding the following section:-
Section 87. The board of higher education and the public institutions of higher education may procure insurance for the payment of workers' compensation costs incurred pursuant to this chapter, in accordance with a transition plan established jointly by the board of higher education, the institutions and the workers' compensation unit of the human resources division.
SECTION 109. Subsection (f 3/4) of section 5 of chapter 161A of the General Laws, as inserted by section 148 of chapter 38 of the acts of 1995, is hereby amended by inserting after the first sentence the following sentence:- The authority shall cooperate with the chief executive officers of each of the cities and towns in the affected areas to determine the appropriate, geographically convenient locations at which such hearings shall be held.
SECTION 110. Chapter 166A of the General Laws is hereby amended by striking out section 1, as appearing in the 1994 Official Edition, and inserting in place thereof the following section:-
Section 1. The following terms as used in this chapter shall, unless the context requires otherwise, have the following meanings:-
"Community antenna television system" or "CATV system", a facility which receives and amplifies the signals broadcast by one or more television stations and redistributes such signals to subscribing members of the public for a fixed or periodic fee, employing wires or cables passing along, over, under, across, and upon streets, ways, lanes, alleys, parkways, bridges, highways and other public places, including property over which a city or town has an easement or right-of-way, and including facilities which in addition to providing such reception, amplification and redistribution, are also used to originate and distribute program or other material to such subscribers, but excluding any system which serves fewer than 50 subscribers.
"CATV operator" or "Operator", a person operating a CATV system.
"Director", the community antenna television director appointed pursuant to section 2.
"Issuing authority", the city manager of a city have a plan D or E charter, the mayor of any other city, or the board of selectmen of a town.
"Licensee", a person who is issued a license pursuant to section three, such term excluding only television broadcast stations as defined in part 74, subpart K, section 74.1131 of the Federal Communications Commissions' Rules and Regulations and newspaper media and their affiliates in their major circulation areas.
"Area or areas to be served", may include a municipality or a portion of a municipality in order to reflect within municipal boundaries, the various economic, cultural, geographic and community interests of the citizens residing therein.
SECTION 111. Section 2 of said chapter 166A is hereby amended by striking out the first paragraph, as so appearing, and inserting in place thereof the following paragraph:-
There shall be established in the department of public utilities a division of community antenna television which shall consist of a director. The director shall be appointed by the governor, and shall be classified in accordance with section 45 of chapter 30 and the salary shall be determined in accordance with section 46C of said chapter 30. The director shall devote full time during business hours to the duties of the office, and shall be a registered voter in the commonwealth.
SECTION 112. Said section 2 of said chapter 166A is hereby further amended by striking out, in lines 10, 13 and 14, as so appearing, the word "commissioner" and inserting in place thereof, in each instance, the following word:- director.
SECTION 113. Said section 2 of said chapter 166A is hereby further amended by striking out, in lines 17, 23, 28, 29 and 35, as so appearing, the word "commission" and inserting in place thereof, in each instance, the following word:- division.
SECTION 114. Section 2A of said chapter 166A, as appearing in the 1994 Official Edition, is hereby amended by striking out, in lines 1, 8, 9 and 12, the word "commissioner" and inserting in place thereof, in each instance, the following word:- director.
SECTION 115. Said section 2A of said chapter 166A, as so appearing, is hereby further amended by striking out, in line 7, the word "commission" and inserting in place thereof the following word:- division.
SECTION 116. Said section 2A of said chapter 166A, as so appearing, is hereby further amended by striking out, in line 10, the word "commissioner's" and inserting in place thereof the following word:- director's.
SECTION 117. Section 3 of said chapter 166A, as so appearing, is hereby amended by striking out, in line 6, the word "commission" and inserting in place thereof the following word:- division.
SECTION 118. Section 4 of said chapter 166A, as so appearing, is hereby amended by striking out, in lines 3, 4, 14 and 27, the word "commission" and inserting in place thereof, in each instance, the following word:- division.
SECTION 119. Section 5 of said chapter 166A, as so appearing, is hereby amended by striking out, in lines 69 and 70, the word "commission" and inserting in place thereof the following word:- division.
SECTION 120. Section 7 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 121. Section 8 of said chapter 166A, as so appearing, is hereby amended by striking out, in lines 4, 5 and 7, the word "commission" and inserting in place thereof, in each instance, the following word:- division.
SECTION 122. Section 10 of said chapter 166A, as so appearing, is hereby amended by striking out, in lines 2, 4 and 6, the word "commission" and inserting in place thereof, in each instance, the following word:- division.
SECTION 123. Section 11 of said chapter 166A, as so appearing, is hereby amended by striking out, in lines 2, 10 and 12, the word "commission" and inserting in place thereof, in each instance, the following word:- division.
SECTION 124. Section 12 of said chapter 166A, as so appearing, is hereby amended by striking out, in line 1, the word "commission" and inserting in place thereof the following word:- division.
SECTION 125. Section 13 of said chapter 166A, as so appearing, is hereby amended by striking out, in line 4, the word "commission" and inserting in place thereof the following word:- division.
SECTION 126. Section 14 of said chapter 166A, as so appearing, is hereby amended by striking out, in lines 8, 12, 14, 15, 18, 25, 31, 32 and 35, the word "commission" and inserting in place thereof, in each instance, the following word:- division.
SECTION 127. Section 15 of said chapter 166A, as so appearing, is hereby amended by striking out, in lines 2, 9, 13, 16, 20, 32, 33, 34, 37, 38, 42, 45 and 47, the word "commission" and inserting in place thereof, in each instance, the following word:- division.
SECTION 128. Section 16 of said chapter 166A, as so appearing, is hereby amended by striking out, in lines 1, 4 and 7, the word "commission" and inserting in place thereof, in each instance, the following word:- division.
SECTION 129. Section 17 of said chapter 166A, as so appearing, is hereby amended by striking out, in lines 1, 4, 5 and 9, the word "commission" and inserting in place thereof, in each instance, the following word:- division.
SECTION 130. Section 113B of chapter 175 of the General Laws, as appearing in the 1994 Official Edition, is hereby amended adding the following paragraph:-
The safe driver insurance plan made effective on January 1, 1998, and all later plans shall provide that individuals that have been incarcerated pursuant to a criminal conviction shall not be considered to have experienced any incident-free period of driving during any period of incarceration of one year or more. In addition, said plans shall provide that, except as otherwise determined by the commissioner, any such period of incarceration shall be excluded from the five year period within which surchargeable incidents may be considered. In implementing the provisions of this paragraph, the commissioner, for the purposes of determining upward and downward premium adjustments, may adjust the surcharge date of any surchargeable incident in any manner deemed appropriate, including adding any period of incarceration of one year or more to such surcharge date, and may consider surchargeable incidents with surcharge dates prior to the five year period immediately preceding the effective date of the policy. The commissioner of insurance and the secretary of public safety shall develop a system for providing the merit rating board the necessary information to adjust driving records for periods of incarceration in accordance with this paragraph and shall consider periods of incarceration in other jurisdictions to the extent practicable.
SECTION 131. Chapter 210 of the General Laws is hereby amended by inserting after section 7 the following section:-
Section 7A. The court shall, whenever reasonable and practical, and based upon a determination of the best interests of the child, ensure that children who are in the process of being adopted, or who have been the subject of a final decree of adoption, and who are separated from siblings who are either in foster or pre-adoptive homes, or in the homes of parents or extended family members, or who have been adopted by another family, have access to, and visitation rights with, such siblings.
The courts shall determine, at the time of initial placements wherein children and their siblings are separated through placements in foster, pre-adoptive or adoptive care, that such visitation rights be implemented through a schedule of visitations or supervised visitations, to be arranged and monitored through the appropriate public or private agency, and with the participation of the foster, pre-adoptive or adoptive parents, or extended family members, and other parties who are relevant to the preservation of sibling relationships and visitation rights. Periodic review shall be conducted, so as to evaluate the effectiveness and appropriateness of the visitations between siblings placed in care.
Any child who has attained the age of 12 years, may request visitation rights with siblings who have been separated and placed in care or have been adopted in a foster or adoptive home other than where the child resides.
SECTION 132. Section 1 of chapter 211B of the General Laws is hereby amended by striking out the word "forty-two", inserted by section 472 of chapter 151 of the acts of 1996, and inserting in place thereof the following:- 44.
SECTION 133. Section 2 of said chapter 211B is hereby amended by striking out the word "forty-four", inserted by section 473 of said chapter 151 and inserting in place thereof the following:- 46.
SECTION 134. The second paragraph of section 9A of said chapter 211B, as appearing in the 1994 Official Edition, is hereby amended by inserting after the word "Chelsea", in line 18, the following words:- , in the municipal court of the Brighton district.
SECTION 135. Said second paragraph of said section 9A of said chapter 211B, as so appearing, is hereby further amended by inserting after the fifth sentence the following sentence:- In the probate and family court of Suffolk county one (1) court officer shall be designated by the first justice of said court as chief court officer.
SECTION 136. Section 5 of chapter 211F of the General Laws, as appearing in section 9 of chapter 12 of the acts of 1996, is hereby amended by striking out the first sentence and inserting in place thereof the following sentence:- The chief justice shall submit an annual report no later than January 15 of each year, commencing January 15, 1998, to the governor, the commission, the joint committees on criminal justice, the judiciary and public safety, and the clerks of the house of representatives and the senate.
SECTION 137. Section 3C of chapter 217 of the General Laws is hereby amended by striking out the word "six", inserted by section 477 of chapter 151 of the acts of 1996, and inserting in place thereof the following:- 7.
SECTION 138. Chapter 217 of the General Laws is hereby amended by striking out section 23A, as amended by section 478 of chapter 151 of the acts of 1996, and inserting in place thereof the following section:-
Section 23A. In addition to the first assistant registers of probate provided for in section 23, the first justices of the respective courts of the probate and family court department for the following counties may, with the approval of the chief justice of the probate and family court appoint, and may, with the approval of said chief justice, remove assistant registers with the same powers and duties. Said appointments shall be as follows:
Barnstable, two assistant registers
Berkshire, one assistant register
Bristol, five assistant registers
Essex, three assistant registers
Hampden, three assistant registers
Hampshire, one assistant register
Middlesex, five assistant registers
Norfolk, five assistant registers
Plymouth, three assistant registers
Suffolk, five assistant registers
Worcester, four assistant registers
SECTION 139. Section 29F of said chapter 217, as appearing in the 1994 Official Edition, is hereby amended by striking out, in lines 5 and 6, the words "of six thousand dollars" and inserting in place thereof the following words:- an amount equal to fifteen per cent of the annual salary of the Worcester county register of probate.
SECTION 140. Chapter 218 of the General Laws is hereby amended by striking out section 10, as most recently amended by section 481 of chapter 151 of the acts of 1996, and inserting in place thereof the following section:-
The clerk of a district court may, subject to the approval of the chief justice for administration and management as to compliance with personnel standards promulgated pursuant to section 8 of chapter 211B, appoint one or more assistant clerks for whose official acts the clerk shall be responsible, who shall be paid by him unless salaries payable by the commonwealth are authorized in this section or in section 53. In courts having one or more assistant clerks, the clerk may designate one as the first assistant clerk. An assistant clerk with salaries payable by the commonwealth may be appointed in courts the judicial districts of which have, according to the national census last preceding, a population of 60,000 or more, and in the following districts:
district court of Attleboro
second district court of Barnstable
district court of Southern Berkshire
district court of Northern Berkshire
district court of Chicopee
district court of eastern Essex
district court of Gardner
district court of eastern Hampden
district court of western Hampden
eastern Hampshire
district court of Marlborough
district court of Natick
first district court of eastern Worcester
second district court of eastern Worcester
second district court of southern Worcester
Two assistant clerks with salaries payable by the Commonwealth may be appointed in:
third district court of Barnstable
central district court of Berkshire
district court of Franklin
district court of Holyoke
district court of Leominster
district court of central Middlesex
first northern district court of Middlesex
district court of western Norfolk
first district court of northern Worcester
first district court of southern Worcester
district court of western Worcester
Three assistant clerks with salaries payable by the commonwealth may be appointed in:
first district court of Barnstable
second district court of Bristol
fourth district court of Bristol
district court of Fitchburg
district court of Hampshire
second district court of eastern Middlesex
fourth district court of eastern Middlesex
district court of Newburyport
district court of Newton
district court of southern Norfolk
district court of Peabody
third district court of Plymouth
Four assistant clerks with salaries payable by the commonwealth may be appointed in:
municipal court of Brookline
East Boston district court
district court of Chelsea
municipal court of the South Boston district
first district court of eastern Middlesex
district court of northern Norfolk
second district court of Plymouth
fourth district court of Plymouth
Five assistant clerks with salaries payable by the commonwealth may be appointed in:
municipal court of the Brighton district
first district court of Bristol
southern district court of Essex
district court of Lawrence
fourth district court of eastern Middlesex
Six assistant clerks with salaries payable by the commonwealth may be appointed in:
third district court of Bristol
municipal court of the Charlestown district
first district court of Essex
central district court of northern Essex
first district court of southern Middlesex
district court of Somerville
municipal court of the West Roxbury district
Seven assistant clerks with salaries payable by the commonwealth may be appointed in:
district court of Brockton
district court of Lowell
Eight assistant clerks with salaries payable by the commonwealth may be
municipal court of the Dorchester District
Nine assistant clerks with salaries payable by the commonwealth may be appointed in:
district court of East Norfolk
central district court of Worcester
Ten assistant clerks with salaries payable by the commonwealth may be appointed in:
third district court of eastern Middlesex
district court of Springfield.
Twelve assistant clerks with salaries payable by the commonwealth may be appointed in:
municipal court of the Roxbury district
One of the 12 assistant clerks for the municipal court of the Roxbury district shall be appointed for juvenile sessions.
Assistant clerks who were appointed under authority of this section, who are paid by the commonwealth, and who have held said appointment for three consecutive years prior to the effective date of this act shall hold office during good behavior, but subject to applicable retirement laws, and may be removed from office under procedures authorized by section 8 of chapter 211B.
Each assistant clerk appointed prior to January 1, 1987 under the authority of this section and serving continuously in such appointment thereafter shall be entitled to 30 days vacation leave and 30 days sick leave in each calendar year. Any such assistant clerk may accumulate vacation and sick leave not used in any such year; provided, however, that the total amount of vacation days so accumulated shall not exceed 60 and the total amount of sick leave so accumulated shall not exceed 180 days; and provided, further, that no additional such days shall be accumulated on or after January 1, 1987 except in accordance with the policies and procedures established by the chief justice for administration and management pursuant to section 8 of chapter 211B. All other assistant clerks appointed under the authority of this section shall be entitled to vacation leave and sick leave in accordance with the policies and procedures established by the chief justice for administration and management pursuant to said section 8.
In the following courts, one of the assistant clerks shall be designated in charge of six-man jury sessions and shall be paid by the commonwealth in accordance with the job classification and pay plan established, subject to appropriation, by the chief justice of administration and management:
third district court of eastern Middlesex
district court of Lowell
first district court of southern Middlesex at Framingham
district court of East Norfolk
central district court of Worcester
district court of Newburyport
district court of Springfield
second district court of Plymouth
municipal court of the West Roxbury district.
In the district court of western Worcester, the central district court of Worcester, the district of Lowell, the district court of East Norfolk and the third district court of eastern Middlesex, the clerk may designate one of his assistant clerks as assistant clerk in charge of the remand list; said list being for the trial of all cases transferred to said court from the superior court under the provisions of section 102C of chapter 231. The salary of said assistant clerk shall be paid by the commonwealth in accordance with the job classification and pay plan established, subject to appropriation by the chief justice for administration and management.
SECTION 141. The first paragraph of section 57 of said chapter 218, as appearing in the 1994 Official Edition, is hereby amended by striking out, under the caption Franklin and Hampshire Counties the first and second subparagraphs and inserting in place thereof the following four subparagraphs:-
held at Northampton, within the same territorial limits as are prescribed for the criminal jurisdiction of the Northampton division of the district court department, as the chief justice of the juvenile court may determine.
held at Greenfield, within the same territorial limits as are prescribed for the criminal jurisdiction of the Greenfield division of the district court department, as the chief justice of the juvenile court may determine.
held at Orange, within the same territorial limits as are prescribed for the criminal jurisdiction of the Orange division of the district court department, as the chief justice of the juvenile court may determine.
held at Ware, within the same territorial limits as are prescribed for the criminal jurisdiction of the Ware division of the district court department, as the chief justice of the juvenile court may determine.
SECTION 142. Section 58 of said chapter 218 is hereby amended by striking out the fourth paragraph, as most recently amended by section 482 of chapter 151 of the acts of 1996, and inserting in place thereof the following paragraph:-
Each division shall have a clerk, who shall be appointed by the governor, with the advice and consent of the council and who shall hold office during good behavior, subject, however, to retirement under the provisions of any applicable general or special law relative to retirement systems. The Suffolk county division held at Boston shall have a first assistant clerk and said division shall have seven assistant clerks; the Barnstable county division held at Plymouth shall have a first assistant clerk and said division shall have an assistant clerk; the Bristol county division shall have a first assistant clerk and three assistant clerks; the Franklin and Hampshire counties division shall have an assistant clerk; the Berkshire and Hampden counties division held at North Adams shall have an assistant clerk; the Middlesex county division shall have a first assistant clerk; the Norfolk county division held at Quincy shall have an assistant clerk; and the Worcester county division shall have a first assistant clerk and an assistant clerk. Said first assistant clerks and assistant clerks shall be appointed by the clerks of said courts, with all such appointments subject to approval by the chief justice for administration and management with respect to personnel standards promulgated under section 8 of chapter 211B.
SECTION 143. Section 4 of chapter 221 of the General Laws, as appearing in the 1994 Official Edition, is hereby amended by inserting after the word "Bristol", in line 4, the following word:- , Dukes.
SECTION 144. Chapter 221 of the General Laws is hereby amended by striking out section 5, as most recently amended by section 483 of chapter 151 of the acts of 1996, and inserting in place thereof the following paragraph:-
Section 5. In addition to the assistant clerks provided for in section 4, the clerks of the courts for the following counties may, subject to the approval of the chief justice for administration and management as to compliance with personnel standards promulgated pursuant to section 8 of chapter 211B, appoint assistant clerks with the same powers and duties. Said appointments shall be as follows:
Barnstable, one assistant clerk
Bristol, nine assistant clerks
Essex, nine assistant clerks
Hampden, eight assistant clerks
Norfolk, eight assistant clerks
Middlesex, 24 assistant clerks
Plymouth, six assistant clerks
Worcester, 11 assistant clerks
Suffolk, (a) superior court department, by the clerk of the superior court department for criminal business, twenty assistants; (b) superior court department, by the clerk of the superior court department for civil business, twenty-one assistants; (c) supreme judicial court, by the clerk of the supreme judicial court for said county, a second assistant clerk, designated from his office force and a third assistant clerk, designated from his office force.
SECTION 145. Section 94 of chapter 221 of the General Laws, as most recently amended by section 18 of chapter 120 of the acts of 1995, is hereby further amended by striking out the first paragraph under the caption Supreme Judicial Court for Suffolk County, and inserting in place thereof the following paragraph:-
The salary of the clerk of the supreme judicial court for Suffolk county shall be 81.57 per cent of the salary of the chief justice of the supreme judicial court and shall be paid, subject to appropriation, by the commonwealth. The salary of the first assistant clerk of the supreme judicial court for Suffolk county shall be 89.25 per cent of the salary of said clerk and shall be paid, subject to appropriation, by the commonwealth. The salary of the assistant clerks of the supreme judicial court for Suffolk county shall be 78.27 per cent of the salary of said clerk and shall be paid, subject to appropriation, by the commonwealth.
SECTION 146. The definition of "Crime" in section 1 of chapter 258C of the General Laws, as appearing in the 1994 Official Edition, is hereby amended by adding the following sentence:- Crime shall apply to an act occurring within the commonwealth, and to an act of terrorism, as defined in 18 USC section 2331, occurring outside the United States or territories against a resident of the commonwealth.
SECTION 147. Section 3 of chapter 279 of the General Laws, as most recently amended by section 498 of chapter 151 of the acts of 1996, is hereby further amended by adding the following paragraph:-
Notwithstanding any restriction contained in the preceding paragraph, if a probation officer has probable cause to believe that a person, placed under probation supervision or in the custody or care of a probation officer as the result of being convicted of a crime punishable by incarceration, has violated the conditions of his probation, the probation officer may arrest the probationer or may issue a warrant for the temporary custody of the probationer for a period not to exceed 72 hours, during which period the probation officer shall arrange for the appearance of the probationer before the court at the court's next sitting pursuant to the first paragraph of this section. Such warrant shall constitute sufficient authority to a probation officer and to the superintendent, jailer, or any other person in charge of any jail, house of correction, lockup, or place of detention to whom it is exhibited, to hold in temporary custody the probationer detained pursuant thereto.
SECTION 148. Section 4 of chapter 775 of the acts of 1975 is hereby amended by inserting after subsection (a) the following subsection: -
(a 1/2) Notwithstanding the provisions of subsection (a), one representative each from the towns of Ludlow, Hampden and Wilbraham shall be entitled to serve as an additional member of the board of directors, to attend the meetings of said board, and to vote on any matters before the board that affect the town represented by said member; provided, that each such additional member shall be elected by a vote of, and serve at the pleasure of, the board of selectmen of the applicable town.
SECTION 149. Paragraph (b) of section 3 of chapter 372 of the acts of 1984, as amended by section 183 of chapter 60 of the acts of 1994, is hereby further amended by striking out the third sentence and inserting in place thereof the following sentence:- All persons appointed by the advisory board, including members initially appointed, shall be appointed to terms of three years with one term to expire in each year; provided, however, that the term which began on July 1, 1996 and is scheduled to expire on June 30, 1998 shall expire on June 30, 1999; provided further, that the term which began on July 1, 1992 and is scheduled to expire on June 30, 1998 shall so expire; and provided, further, that the term which began on July 1, 1994 and is scheduled to expire on June 30, 2000 shall so expire.
SECTION 150. Section 2 of chapter 463 of the acts of 1987 is hereby amended by striking out, in line 3, the words "and ending June thirtieth, nineteen hundred and ninety-seven".