SECTION 151. Section 70E of chapter 111 of the General Laws, as so appearing, is hereby amended by inserting after the word "resident", in line 169, the following words:- ; provided, however, that for the purposes of this paragraph, the word facility shall not include a community day and residential setting licensed or operated by the department of mental retardation.
SECTION 152. Section 127B½ of said chapter 111, as so appearing, is hereby
amended
by adding the following paragraph:-
Notwithstanding any provision of chapter 183A to the contrary, the organization of unit owners
of a condominium may petition the board of health in a city or town to enter into a betterment
agreement pursuant to this section to finance the repair, replacement or upgrade of a septic
system serving a unit, one or more of which is used for human habitation provided that such
system comprises part of the common areas and facilities. Such agreement shall: (i) be approved
by a majority of the unit owners benefited by the repair, replacement or upgrade of the septic
system or any combination of such septic system improvements; (ii) include an identification of
the units and unit owners subject to the agreement and the percentages, as set forth in the master
deed, of the undivided interests of the respective units in the common area and facilities; and (iii)
include a statement by an officer or trustee of the organization of unit owners certifying that the
required number of unit owners have approved the agreement. As between the affected unit
owners and the city or town, such certification shall be conclusive evidence of the authority of
the organization of unit owners to enter into the agreement. A notice of such agreement shall be
recorded as a betterment in the registry of deeds or registry district of the land court where the
master deed is recorded and shall be otherwise subject to the provisions of chapter 80 as
provided for in this section. The assessment under such agreement may be charged or assessed to
the organization of units owners but shall not constitute an assessment of common expenses.
Instead, the allocable share of the assessment, prorated on the basis of the percentage interests of
the benefited units in the common areas and facilities, shall attach as a lien only to the units
identified in the recorded notice and benefited by the repair, replacement or upgrade of the septic
system or any combination of such septic system improvements and the owners of such units
shall also be personally liable for their allocable share of the assessment as provided for in this
section. Words defined in section 1 of said chapter 183A and used in this paragraph have the
same meanings as appearing in said chapter 183A.
SECTION 153. Section 142M of chapter 111 of the General Laws, as so appearing, is hereby amended by striking out, in line 163, the words "planning and operations" and inserting in place thereof the following words:- asset management and maintenance.
SECTION 154. Section 4 of chapter 111H of the General Laws, as so appearing, is hereby amended by striking out, in line 50, the words "planning and operations" and inserting in place thereof the following words:- asset management and maintenance.
SECTION 155. Section 9 of said chapter 111H, as so appearing, is hereby amended by striking out, in lines 28 and 29, the words "deputy commissioner of capital planning and operations" and inserting in place thereof the following words:- commissioner of capital asset management and maintenance.
SECTION 156. Section 20 of said chapter 111H, as so appearing, is hereby amended by striking out, in lines 65 and 66 and in lines 118 and 119, the words "deputy commissioner of capital planning and operations" and inserting in place thereof, in each instance, the following words:- commissioner of capital asset management and maintenance.
SECTION 157. Section 22 of said chapter 111H, as so appearing, is hereby amended by striking out, in lines 32 and 33 and in line 42, the words "planning and operations" and inserting in place thereof, in each instance, the following words:- asset management and maintenance.
SECTION 158. Said section 22 of said chapter 111H, as so appearing, is hereby amended by striking out, in line 3, the words "deputy commissioner of capital planning and operations" and inserting in place thereof the following words:- commissioner of capital asset management and maintenance.
SECTION 159. Section 23 of said chapter 111H, as so appearing, is hereby amended by striking out, in lines 46 and 47, and in lines 87 and 88, the words "deputy commissioner of capital planning and operations" and inserting in place thereof, in each instance, the following words:- commissioner of capital asset management and maintenance.
SECTION 160. Section 27 of said chapter 111H, as so appearing, is hereby amended by striking out, in lines 7 and 8, the words "deputy commissioner of capital planning and operations" and inserting in place thereof the following words:- commissioner of capital asset management and maintenance.
SECTION 161. Section 28 of said chapter 111H, as so appearing, is hereby amended by striking out, in line 13 and 14, the words "deputy commissioner of capital planning and operations" and inserting in place thereof the following words:- commissioner of capital asset management and maintenance.
SECTION 162. Section 33 of said chapter 111H, as so appearing, is hereby amended by striking out, in lines 16 and 17, the words "deputy commissioner of capital planning and operations" and inserting in place thereof the following words:- commissioner of capital asset management and maintenance.
SECTION 163. Section 37 of said chapter 111H, as so appearing, is hereby amended by striking out, in lines 19 and 20, the words "deputy commissioner of capital planning and operations" and inserting in place thereof the following words:- commissioner of capital asset management and maintenance.
SECTION 164. Section 87C of chapter 112 of the General Laws, as so appearing, is hereby amended by striking out, in lines 10 and 11, the words "and PA, but no other designation in connection with the practice of public accountancy" and inserting in place thereof the following words:- "PA", "certified public accountants" and "CPA".
SECTION 165. Said section 87C of said chapter 112, as so appearing, is hereby further amended by striking out, in line 18, the words "abbreviation PA", in line 18, and inserting in place thereof the following words:- abbreviations PA and CPA.
SECTION 166. Section 6A of chapter 115 of the General Laws is hereby amended by striking out, in lines 4 and 5, as so appearing, the words "who was a resident of this commonwealth at the time of his entry into such service".
SECTION 167. Said section 6A of said chapter 115 is hereby further amended by striking out, in line 7, as so appearing, the words "has continued to be" and inserting in place thereof the following word:- is.
SECTION 168. Section 7 of chapter 115 of the General Laws, as appearing in the 1996 Official Edition, is hereby amended by striking out, in line 10, the word "thirty" and inserting in place thereof the following figure:- 60.
SECTION 169. Said chapter 115 is hereby amended by striking out section 8, as so
appearing, and inserting in place thereof the following section:-
Section 8. Amounts expended by the burial agent under the provisions of section 7 shall not
exceed $2,000 for the funeral and burial of a person under this chapter, provided that the cost of
funeral and burial does not exceed $3,000 and there are insufficient resources in the estate of
such person to pay for the cost of such funeral and burial. Any resources of such person shall be
deducted from the maximum cost of the funeral and burial allowance hereunder and the
difference, subject to the limitation set forth in this paragraph, shall be paid by the burial agent.
No city or town shall be reimbursed under this section for any amount so expended for a single
burial if the total expense of such burial, exclusive of the purchase price of the grave, the cost of
the grave opening and the cost of a cement vault liner if one is required by the cemetery
regulations, by whomsoever incurred, exceeded $500 for a child under the age of seven or $900
for any other person. The burial shall not be made in a cemetery or burial ground used
exclusively for the burial of persons under the provisions of chapter 117 or in any part of a
cemetery or burial ground so used. Relatives of the deceased who are unable to bear the expense
of burial may be allowed to conduct the funeral. The full amount so expended, the name of the
deceased and, if the deceased was a veteran, the regiment, company, station, organization or
vessel in which such veteran served, the date of death, place of interment and, if the deceased
was a spouse or widow or widower, the name of such veteran's spouse and date of marriage and,
if the deceased was a dependent child, the name of the veteran and such other details as the
commissioner may require, shall be certified on oath to said commissioner in such manner as
said commissioner may approve, by the burial agent and the treasurer of the city or town
expending the amount, within three months after the burial. The commissioner shall endorse
upon the certificate the allowance of such amounts as have been paid and reported according to
the foregoing provisions and shall transmit the certificate to the comptroller. Seventy-five per
cent of the amounts so paid and allowed for burial expenses of veterans or dependents by the
cities and towns wherein they reside shall be paid by the commonwealth to the several cities and
towns on or before November 10 in the year after the expenditures have been made.
Notwithstanding the requirements as to residence as set forth in section 5, the commissioner may
authorize the burial agent of a city or town to arrange for the proper interment of the body of an
indigent veteran who dies within the commonwealth.
SECTION 170. Section 9 of said chapter 115, as so appearing, is hereby amended by inserting after the fifth sentence the following sentence:- Upon the approval of the commissioner, compensation for 75 per cent of the cost of such flags, but none of the expenses attending the placement of such flags shall be paid by the commonwealth to the several cities and towns on or before November 10 in the year after such expenditures.
SECTION 171. Chapter 118E of the General Laws is hereby amended by inserting
after section 16A the following section:-
Section 16A½. The commissioner shall notify the house and senate committees on ways
and means and the secretary of administration and finance whenever costs incurred for any
program of medical care authorized by sections 9A, 16 and 16A are projected to exceed
available appropriations for the current fiscal year or for costs authorized for expenditure for
prior fiscal years. Such notice shall be filed within five business days of the commissioner's
determination of such projection. Any such notice shall be accompanied by the following
information: (a) an explanation of the reasons for any such deficiency or insufficient
authorization for prior year expenditures; (b) revised total expenditure projections for any such
items of appropriation that shall update the budget neutrality plan required pursuant to section
9B; (c) revised member month caseload assumptions for any such program of medical care that
is projected to incur such a deficiency; (d) revised per member per month cost assumptions for
any such program of medical care that is projected to incur such a deficiency; and (e) a
description of all cost control measures, including quantification of the savings therefrom, that
the division would propose to implement to prevent or ameliorate any such deficiency.
SECTION 172. The fourth paragraph of section 16B of said chapter 118E, as so appearing, is hereby amended by inserting after the first sentence the following sentence:- For the purposes of determining the income eligibility of a married applicant, said division or its designees shall verify eligibility based on joint or individual income, at the applicant's option.
SECTION 173. Subsection (4) of section 16C of said chapter 118E, as appearing in section 26 of chapter 170 of the acts of 1997, is hereby amended by striking out the second sentence and inserting in place thereof the following four sentences:- The division shall require the payment of premiums by households eligible for said program whose household income as determined by said division exceeds 150 per cent of the federal poverty level. Such premiums for eligible persons under the age of 19 shall not exceed $10 per month for each such person; provided, however, that no household shall be required to pay more than $30 per month. Such premiums shall be deposited in the Children's and Seniors' Health Care Assistance Fund established pursuant to the provisions of section 2FF of chapter 29. The failure to pay premiums for more than two consecutive months shall constitute grounds for terminating a household's eligibility to participate in said program of benefits; provided, however, that the commissioner of medical assistance may allow continued participation in said program despite such nonpayment of premiums or otherwise waive the payment of any or all premiums for any particular household in the event that such payment of premiums constitutes an extreme financial hardship for such household.
SECTION 174. Said chapter 118E is hereby further amended by inserting after section
16C, inserted by said section 26 of said chapter 170, the following section:-
Section 16D. (1) Eligibility for benefits for aliens pursuant to this chapter shall be determined
without regard to the availability of federal funding for such benefits or to the provisions of
sections 401, 402 or 403 of the Personal Responsibility and Work Opportunity Reconciliation
Act of 1996.
(2) A person who is not a citizen of the United States but who is either a qualified alien within
the meaning of section 431 of the Personal Responsibility and Work Opportunity Reconciliation
Act of 1996 or is otherwise permanently residing in the United States under color of law may
receive different benefits which shall be not less than the same benefits provided on July 1, 1997
to the eligibility group described in clause (g) of subsection (2) of section 9A, unless such
person: (i) is residing in a nursing facility, as defined by 42 U.S.C. section 1396, as of June 30,
1997; (ii) was receiving services or benefits pursuant to this chapter as of June 30, 1997; (iii) had
an application for long-term care services pending on July 1, 1997; or (iv) is eligible for
federally reimbursed services or benefits; provided, however, that services or benefits other than
emergency services shall not be provided to undocumented aliens unless required by federal law.
SECTION 175. Section 36 of said chapter 118E, as appearing in the 1996 Official Edition, is hereby amended by striking out, in lines 12 and 13, the words "participation in the programs as a skilled nursing or acute or non-acute hospital shall be limited to providers who:".
SECTION 176. Section 55B of chapter 119 of the General Laws, as so appearing, is hereby amended by striking out, in line 14, the words "section fifty-seven of chapter one hundred and nineteen" and inserting in place thereof the following words:- section 57; provided, however, that a complaint alleging a child to be a delinquent child by reason of having violated the provisions of section 13B, section 22A or section 23 of chapter 265 shall not be placed on file or continued without a finding.
SECTION 177. Section 58 of said chapter 119, as so appearing, is hereby amended by inserting after the word "birthday", in line 10, the following words:- ; provided further, that a complaint alleging a child to be a delinquent child by reason of having violated the provisions of section 13B, section 22A or section 23 of chapter 265 shall not be placed on file or continued without a finding.
SECTION 178. The first paragraph of section 32 of chapter 121B of the General Laws, as so appearing, is hereby amended by striking out the third sentence and inserting in place thereof the following sentence:- To this end, an authority shall fix the rentals for dwelling units in its projects so that no tenant shall be required to pay a rental of more than 30 per cent of his income if heat, cooking fuel and electricity are provided by the authority or 25 per cent of his income if such utilities are not so provided; provided, however, that in calculating the amount of such rental, an authority may round the amount of such rental payment to the nearest whole dollar.
SECTION 179. Said section 32 of said chapter 121B, as so appearing, is hereby further
amended by inserting after the first paragraph the following paragraph:-
In calculating a household's income for purposes of computing the rent due under the previous
paragraph and for purposes of determining continued eligibility, a housing authority shall
provide an income exclusion of not more than the amount earned for employment of 20 hours
per week at the minimum wage, as determined by section 1 of chapter 151, for a person 62 years
of age or older.
SECTION 180. Paragraph (d) of section 38B of chapter 128 of the General Laws, as appearing in section 27 of chapter 11 of the acts of 1997, is hereby amended by striking out the first sentence and inserting in place thereof the following sentence:- The division of capital asset management and maintenance is hereby authorized to expend such funds as may be necessary to facilitate the upkeep, maintenance and repairs of the Massachusetts state exposition building and the land thereon as more fully described herein.
N.B. - The Acting Governor has vetoed this section
SECTION 181. Chapter 128C of the General Laws, as appearing in the 1996 Official
Edition, is hereby amended by inserting after section 7 the following two sections:-
Section 7A. There is hereby established a trust fund to be known as the Greyhound Humane
Disposition and Adoption Trust Fund, under the direction and supervision of the commissioner
of the department of food and agriculture or his designee as trustee of said trust.
Said trustee may expend, subject to appropriation, amounts deposited in said fund for the cost of
adoption or the humane disposition of greyhounds bred for racing that never qualify for
pari-mutuel races, or of racing greyhounds that have reached the end of their racing career.
Said trustee may prescribe terms and conditions for such expenditures provided that no such
expenditure shall be authorized by the trustee pursuant to a contract with a person, corporation,
partnership, trust or any combination of the same or any other entity which owns, operates, holds
any interest in any racetrack or other facility which operates pari-mutuel racing of greyhounds,
or is licensed to operate such a facility pursuant to section 3 of chapter 128A.
Said trustee shall require such documents as the trustee may deem necessary to verify that
expenditures from the trust were carried out in accordance with the provisions of this section.
Section 7B. The state racing commission shall collect from each person, partnership or
corporation licensed to conduct a dog racing meeting pursuant to section 3 of chapter 128A a fee
based upon such licensee's proportion of the total aggregate handle wagered on live greyhound
racing in the commonwealth in the previous calendar year. All such fees so collected shall be
deposited into the Greyhound Humane Disposition and Adoption Trust Fund; provided,
however, that the annual aggregate amount of such fees shall total $150,000.
SECTION 182. Section 44A of chapter 149 of the General Laws is hereby amended by striking out, in line 7, as appearing in the 1996 Official Edition, the words "planning and operations" and inserting in place thereof the following words:- asset management and maintenance.
SECTION 183. Section 44D of said chapter 149, as so appearing, is hereby amended by striking out, in lines 30, 58, 77, 81, 115, 119, and 140, the words "planning and operations" and inserting in place thereof, in each instance, the following words:- asset management and maintenance.
SECTION 184. Section 44E of said chapter 149, as so appearing, is hereby amended by striking out, in line 141, the words "planning and operations" and inserting in place thereof the following words:- asset management and maintenance.
SECTION 185. Section 44J of said chapter 149, as so appearing, is hereby amended by striking out, in lines 17 and 18, the words "planning and operations" and inserting in place thereof the following words:- asset management and maintenance.
SECTION 186. Section 7 of chapter 150E of the General Laws, as so appearing, is hereby amended by inserting after the word "Massachusetts", in line 8, the following words:- , a county sheriff.
SECTION 187. Said section 7 of said chapter 150E, as so appearing, is hereby further amended by inserting, after the word "Massachusetts", in line 22, the following words:- , a county sheriff.
SECTION 188. Section 14I of chapter 151A of the General Laws is hereby repealed.
SECTION 189. Paragraph (a) of section 14L of chapter 151A of the General Laws is hereby amended by striking out the first sentence and inserting in place thereof the following sentence:- Each employer liable to pay a contribution under subsection (i) of section 14 shall also pay, in the same manner and at the same times as the commissioner prescribes for the contribution required by said section 14, a workforce training contribution of 0.075 per cent of so much of its wages as are subject to contributions pursuant to clause (4) of subsection (a) of said section 14.
N.B. - The Acting Governor has vetoed this section
SECTION 190. Chapter 152 of the General Laws is hereby 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.
N.B. - The Acting Governor has vetoed this section
SECTION 191. The first sentence of subsection (b) of section 1E 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 words "after the effective date of this act".
SECTION 192. Subsection (c) of section 47C of chapter 164 of the General Laws, as appearing in section 197 of chapter 164 of the acts of 1997, is hereby amended by striking out the words "; provided, however, that no such cooperative organized pursuant to this section shall be associated or create a partnership with the corporation established pursuant to chapter 775 of the acts of 1975; and provided, further, that said corporation established pursuant to said chapter 775 shall not be allowed to participate in any activity or have an ownership share in any cooperative formed pursuant to this section".
SECTION 193. The first sentence of section 24D of chapter 175, as appearing in section 186 of chapter 64 of the acts of 1998, is hereby amended by inserting after the words "Prior to making any" the following word:- nonrecurring.
SECTION 194. Section 113B of chapter 175 of the General Laws, as appearing in the 1996 Official Edition, is hereby amended by striking out, in lines 111 and 112, the words "fifteen of chapter twenty-two" and inserting in place thereof the following words:- 35G of chapter 10.
SECTION 195. Section 4 of chapter 176M of the General Laws, as so appearing, is
hereby amended by adding the following paragraph:-
(5) Nothing herein shall preclude a carrier from directly subsidizing the premium rate
established pursuant to this section charged to eligible individuals who meet eligibility criteria
established by the carrier, including individual or household income and asset tests, to assess
economic need.
SECTION 196. Chapter 183A of the General Laws is hereby amended by striking out
section 14, as so appearing, and inserting in place thereof the following section:-
Section 14. Each unit and its interest in the common areas and facilities shall be considered an
individual parcel of real estate for the assessment and collection of real estate taxes but the
common areas and facilities, the building and the condominium shall not be deemed to be a
taxable parcel. Except as provided in section 127B½ of chapter 111, betterment
assessments or portions thereof, annual sewer use charges, water rates and charges and all other
assessments, or portions thereof, rates and charges of every nature due to a city, town or district
with respect to the condominium or any part thereof, other than real estate taxes, may be charged
or assessed to the organization of unit owners; provided, however, that any lien of the city, town
or district provided by law therefor shall attach to the units in proportion to the percentages, set
forth in the master deed on record, of the undivided interests of the respective units in the
common areas and facilities.
N.B. - The Acting Governor has vetoed this section
SECTION 197. The fourth paragraph of section 4 of chapter 185C of the General
Laws, as so appearing, is hereby amended by striking out the first sentence and inserting in place
thereof the following sentence:- The northeastern division of the housing court department shall
hold its sittings in the courthouse facilities located in the city of Lawrence and at regular and
frequent intervals at the courthouse facilities in the city of Salem, including at least one sitting
each week in said city of Salem, including one sitting each week in the city of Lynn, including
one sitting each week in the city of Lowell, and also at least one sitting each week in the
courthouse facilities in either the city of Peabody or the city of Haverhill.
SECTION 198. Section 8 of said chapter 185C, as so appearing, is hereby amended by striking out the first sentence and inserting in place thereof the following sentence:- There shall be two justices appointed for the Hampden county division, two justices appointed for the Worcester county division, one justice appointed for the northeastern division, one justice appointed for the southeastern division, two justices appointed for the city of Boston division of the housing court department and one justice who shall be and perform the duties of a circuit justice in such counties as the chief justice shall from time to time designate.
SECTION 199. Section 5 of chapter 201 of the General Laws, as so appearing, is hereby amended by adding the following sentence:- The court may revoke the appointment of a guardian if the party petitioning for revocation proves a substantial and material change of circumstances and if the revocation is in the child's best interest.
SECTION 200. Section 22 of chapter 211 of the General Laws, as so appearing, is hereby amended by striking out the first sentence and inserting in place thereof the following sentence:- The chief justice shall receive a salary of $122,771 and each associate justice shall receive a salary of $118,503 and the chief justice and each associate justice shall annually receive from the commonwealth upon the certificate of the chief justice the amount of expenses incurred by each of them in the discharge of his duties.