SECTION 201. Said section 22 of said chapter 211 is hereby further amended by striking out the first sentence, as amended by section 200, and inserting in place thereof the following sentence:- The chief justice shall receive a salary of $127,682 and each associate justice shall receive a salary of $123,243 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 them in the discharge of their duties.
SECTION 202. Said section 22 of said chapter 211 is hereby further amended by striking out the first sentence, as amended by section 201, and inserting in place thereof the following sentence:- The chief justice shall receive a salary of $131,512 and each associate justice shall receive a salary of $126,943 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.
SECTION 203. Section 2 of chapter 211A of the General Laws, as appearing in the 1996 Official Edition, 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 $113,938 and each associate justice shall receive a salary of $109,659 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.
SECTION 204. Said section 2 of said chapter 211A is hereby further amended by striking out the first sentence, as amended by section 203, and inserting in place thereof the following sentence:- The chief justice shall receive a salary of $118,496 and each associate justice shall receive a salary of $114,045 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.
SECTION 205. Said section 2 of said chapter 211A is hereby further amended by striking out the first sentence, as amended by section 204, and inserting in place thereof the following sentence:- The chief justice shall receive a salary of $122,050 and each associate justice shall receive a salary of $117,467 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.
SECTION 206. Section 1 of chapter 211B of the General Laws, as most recently amended by section 132 of chapter 43 of the acts of 1997, is hereby further amended by striking out the second sentence and inserting in place thereof the following sentence:- The trial court, as an administrative unit, shall consist of no more than 362 justices and special justices.
SECTION 207. Section 2 of said chapter 211B, as most recently amended by section 133 of said chapter 43, is hereby further amended by striking out the first sentence and inserting in place thereof the following sentence:- There shall be 80 justices appointed to the superior court department, 9 justices appointed to the housing court department, 4 justices appointed to the land court department, 49 justices appointed to the probate and family court department, 11 justices appointed to the Boston municipal court department, 37 justices appointed to the juvenile court department and 172 justices and special justices appointed to the district court department.
SECTION 208. Section 4 of chapter 211B of the General Laws, as appearing in the
1996 Official Edition, is hereby amended by striking out the first three paragraphs and inserting
in place thereof the following three paragraphs:-
The salaries of the justices of the trial court shall be paid by the commonwealth. Each associate
justice shall receive a salary of $105,281.
The chief justice of the several departments shall receive a salary of $109,659.
The chief administrative justice shall receive a salary of $113,938.
SECTION 209. Said section 4 of said chapter 211B is hereby further amended by
striking out the first three paragraphs, as amended by section 208, and inserting in place thereof
the following three paragraphs:-
The salaries of the justices of the trial court shall be paid by the commonwealth. Each associate
justice shall receive a salary of $109,492. The chief justice of the several departments shall
receive a salary of $114,076. The chief administrative justice shall receive a salary of $118,496.
SECTION 210. Said section 4 of said chapter 211B is hereby further amended by
striking out the first three paragraphs, as amended by section 209, and inserting in place thereof
the following three paragraphs:-
The salaries of the justices of the trial court shall be paid by the commonwealth. Each associate
justice shall receive a salary of $112,777.
The chief justice of the several departments shall receive a salary of $117,499.
The chief administrative justice shall receive a salary of $122,050.
SECTION 211. Section 9 of chapter 211B of the General Laws, as appearing in the 1996 Official Edition, is hereby amended by striking out, in line 47, the words "planning and operations" and inserting in place thereof the following words:- asset management and maintenance.
SECTION 212. Section 17 of said chapter 211B, as so appearing, is hereby amended by striking out, in lines 16, 41 and 42, and in line 45, the words "planning and operations" and inserting in place thereof, in each instance, the following words:- asset management and maintenance.
SECTION 213. Section 6 of chapter 211D of the General Laws, as appearing in the 1996 Official Edition, is hereby amended by striking out, in line 34, the words "private counsel division" and inserting in place thereof the following words:- private counsel division which shall include a children and family law program and a mental health unit.
SECTION 213A. Said section 6 of said chapter 211D is hereby further amended by
inserting after said section 6 the following section:-
Section 6A. In carrying out its duties as prescribed in sections 5 and 6, the committee shall,
subject to appropriation, utilize its attorney staff within the private counsel division. The
committee shall establish a children and family law program in the counties of Essex and
Hampden which shall, upon the court's appointment, provide representation to indigent persons
in children and family law cases. Nothing herein shall be construed to limit the system as
established in sections 5 and 6 of this chapter, whereby the court appoints certified private
counsel to represent children and parents in the majority of children and family law cases.
SECTION 214. The first paragraph of section 13 of said chapter 211D, as amended by section 16 of chapter 19 of the acts of 1997, is hereby further amended by inserting after the sixth sentence the following sentence:- The chief counsel, deputy chief counsels and all legal and non-legal staff of the committee, including staff attorneys hired under subparagraphs (a) and (b) of section 6 but not including persons described in the fourth sentence of said subparagraph (b) of said section 6, shall be considered public employees for purposes of chapter 258.
SECTION 215. Section 1 of chapter 212 of the General Laws, as appearing in the 1996 Official Edition, is hereby amended by striking out, in line 3, the word "seventy-six" and inserting in place thereof the following figure:- 80.
SECTION 216. Section 2 of chapter 217 of the General Laws, as so appearing, is hereby amended by inserting after the word "Suffolk", in line 3, the following words:- , Worcester.
SECTION 217. Said section 2 of said chapter 217, as so appearing, is hereby further amended by striking out, in line 4, the words ", Worcester,".
SECTION 218. Said chapter 217 is hereby further amended by striking out section 3C,
as amended by section 137 of chapter 43 of the acts of 1997, and inserting in place thereof the
following section:-
Section 3C. There shall be nine associate justices of the trial court appointed for the probate and
family court department who shall be and perform the duties of circuit justices in such counties
as the chief justice shall from time to time designate, and when so assigned they shall receive
from the commonwealth the expenses incurred by them.
SECTION 219. Said chapter 217 is hereby further amended by striking out section
23A, as amended by section 138 of said chapter 43, 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, 3 assistant registers
Berkshire, 1 assistant register
Bristol, 8 assistant registers
Essex, 3 assistant registers
Hampden, 3 assistant registers
Hampshire, 1 assistant register
Middlesex, 6 assistant registers
Norfolk, 5 assistant registers
Plymouth, 5 assistant registers
Suffolk, 5 assistant registers
Worcester, 5 assistant registers.
SECTION 220. Said chapter 217 is hereby further amended by inserting after section
29F the following section:-
Section 29G. The first justice of the Bristol probate and family court may, with the approval of
the chief justice of the probate court, designate three employees as deputy assistant registers with
the same powers as an assistant register and may revoke any such designation at his pleasure.
Said deputy assistant registers shall receive in addition to their salaries as employees, a salary of
$6,000 per annum.
SECTION 221. Said chapter 217 is hereby further amended by inserting after section
29G the following section:-
Section 29H. The register of the Hampshire probate court may, with the approval of the first
justice and the chief justice of the probate court, designate two employees as deputy assistant
registers with the same powers as an assistant register and may revoke any such designation at
his pleasure. Said deputy assistant registers shall receive a salary in an amount equal to 15 per
cent of the annual salary of the Hampshire county register of probate.
SECTION 222. Said chapter 217 is hereby further amended by inserting after section
29H the following section:-
Section 29I. The first justice of the Plymouth probate court may, with the approval of the chief
justice of the probate court, designate two employees as deputy assistant registers with the same
powers as an assistant register and may revoke any such designation at his pleasure. Said deputy
assistant registers shall receive in addition to their salaries as employees, a salary of $6,000 per
annum.
SECTION 223. Section 6 of chapter 218 of the General Laws, as appearing in the 1996 Official Edition, is hereby amended by inserting after the word "Brockton", in line 3, the following words:- , the district court of Chelsea.
SECTION 224. Said section 6 of said chapter 218 of the General Laws, as so appearing, is hereby further amended by striking out, in line 5, the word "Springfield" and inserting in place thereof the following word:- Hampshire.
SECTION 225. Said section 6 of said chapter 218 of the General Laws, as so appearing, is hereby further amended by inserting after the word "Middlesex", in line 10, the following words:- , district court of Springfield.
SECTION 226. Said section 6 of said chapter 218, as so appearing, is hereby further amended by striking out, in line 25, the words "one hundred and sixty-eight" and inserting in place thereof the following figure:- 172.
SECTION 227. Said chapter 218 is hereby further amended by striking out section 10,
as most recently amended by section 38 of chapter 88 of the acts of 1997, and inserting in place
thereof the following section:-
Section 10. 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 eight 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 Greenfield
second district court of eastern Worcester
district court of southern Berkshire
district court of northern Berkshire
district court of eastern Essex
district court of Franklin
district court of eastern Hampden
district court of western Hampden
district court of eastern Hampshire
district court of Marlborough
district court of Natick
first district court of eastern Worcester
second district court of southern Worcester.
Two assistant clerks with salaries payable by the commonwealth may be appointed in:
district court of Chicopee
second district court of Barnstable
third district court of Barnstable
district court of central Berkshire
municipal court of Brookline
district court of Holyoke
district court of Leominster
district court of central Middlesex
first district court of northern 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:
district court of Peabody
fourth district court of Bristol
district court of Fitchburg
first district court of Barnstable
district court of Hampshire
second district court of eastern Middlesex
district court of Newton
district court of Southern Norfolk
third district court of Plymouth
Four assistant clerks with salaries payable by the commonwealth may be appointed in:
first district court of eastern Middlesex
municipal court of the Brighton district
East Boston district court
municipal court of the South Boston district
municipal court of the Charlestown district
fourth district court of eastern middlesex
district court of northern Norfolk.
fourth district court of Plymouth
district court of Somerville
Five assistant clerks with salaries payable by the commonwealth may be appointed in:
second district court of Plymouth
district court of Newburyport
central district court of northern Essex
first district court of Essex
first district court of Bristol
district court of southern Essex
district court of Lawrence
district court of Lowell.
Six assistant clerks with salaries payable by the commonwealth may be appointed in:
district court of Chelsea
third district court of Bristol
second district court of Bristol
first district court of southern Middlesex
Seven assistant clerks with salaries payable by the commonwealth may be appointed in:
district court of Brockton
Eight assistant clerks with salaries payable by the commonwealth may be appointed in:
municipal court of the Dorchester district
district court of West Roxbury district
district court of East Norfolk.
Nine assistant clerks with salaries payable by the commonwealth may be appointed in:
central district court of Worcester
Ten assistant clerks with salaries payable by the commonwealth may be appointed in:
third district court of eastern Middlesex
municipal court of the Roxbury district court.
district court of Springfield.
One of the ten 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:
district court of Chelsea
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.
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 228. The first paragraph of section 53 of said chapter 218, as appearing in the 1996 Official Edition, is hereby amended by striking out the first sentence and inserting in place thereof the following sentence:- In the Boston municipal court department, there shall be a clerk and 13 assistant clerks of said court for criminal business and a clerk and 13 assistant clerks of said court for civil business.
SECTION 229. Section 57 of said chapter 218, as so appearing, is hereby amended by inserting after the line "the East Boston division of the district court department", under the caption "Suffolk county", the following line:- the Chelsea division of the district court department;.
SECTION 230. The first paragraph of said section 57 of said chapter 218, as so
appearing, 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 department 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 department 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
department 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
department may determine.
SECTION 231. Section 58 of said chapter 218, as so appearing, is hereby amended by inserting after the first sentence the following sentences:- There shall be 4 associate justices of the trial court appointed for the juvenile court department who shall be and perform the duties of circuit justices in the following counties, and when so assigned, they shall receive from the commonwealth the expenses incurred by them: 2 justices in the Worcester, Franklin and Hampshire, Berkshire, and Hampden county divisions, and 2 justices in the Suffolk, Barnstable and town of Plymouth, Plymouth, Norfolk, Middlesex, Essex, and Bristol county divisions.
SECTION 232. Said section 58 of said chapter 218, as so appearing, is hereby further
amended by striking out the fourth paragraph, as most recently amended by section 142 of
chapter 43 of the acts of 1997, 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 nine assistant clerks; the Barnstable county division held at Plymouth shall
have a first assistant clerk and said division shall have two assistant clerks; the Bristol county
division shall have a first assistant clerk and five 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 and two assistant clerks; the Norfolk county division held at Quincy shall have an
assistant clerk; the Plymouth county division shall have a first assistant clerk and two assistant
clerks; and the Worcester county division shall have a first assistant clerk and two 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 eight of chapter 211B.
SECTION 233. Chapter 221 of the General Laws is hereby amended by striking out
section 5, as most recently amended by section 144 of said chapter 43, and inserting in place
thereof the following section:-
Section 5. In addition to the assistant clerks provided for in section four, 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, 1 assistant clerk
Bristol, 9 assistant clerks
Essex, 11 assistant clerks
Hampden, 8 assistant clerks
Nantucket, 1 assistant clerk
Norfolk, 8 assistant clerks
Middlesex, 25 assistant clerks
Plymouth, 6 assistant clerks
Worcester, 11 assistant clerks
Suffolk, (a) superior court department, by the clerk of the superior court department for criminal
business, 20 assistants; (b) superior court department, by the clerk of the superior court
department for civil business, 21 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 234. Section 37 of said chapter 221, as so appearing, is hereby amended by striking out, in lines 11 and 12, the words "two hundred dollars" and inserting in place thereof, in each instance, the following figure:- $275.
SECTION 235. Section 93 of said chapter 221, as so appearing, is hereby amended by
striking out the first two sentences and inserting in place thereof the following three sentences:-
The salary of the clerk of the supreme judicial court for the commonwealth 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 said court 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 the
commonwealth shall be 78.27 per cent of the salary of said clerk and shall be paid, subject to
appropriation, by the commonwealth.
SECTION 236. Section 13B of chapter 265 of the General Laws, as so appearing, is hereby amended by inserting after the word "years", in line 6, the following words:- ; provided, however, that a prosecution commenced under the provisions of this section shall not be placed on file or continued without a finding.
SECTION 237. Section 22A of said chapter 265, as so appearing, is hereby amended by inserting after the word "years", in line 7, the second time it appears, the following words:- ; provided, however, that a prosecution commenced under the provisions of this section shall not be placed on file or continued without a finding.
SECTION 238. Section 23 of said chapter 265, as so appearing, is hereby amended by inserting after the word "years", in line 7, the second time it appears, the following words:- ; provided, however, that a prosecution commenced under the provisions of this section shall not be placed on file or continued without a finding.
N.B. - The Acting Governor has vetoed this section
SECTION 239. Section 57 of chapter 276 of the General Laws, as so appearing, is
hereby amended by inserting after the word "superior", in line 15, the following words:- ;
provided, however, that a person authorized to take bail shall accept, if offered, cash or a
certified bank check drawn on a financial institution as defined in section 1 of chapter 63.
SECTION 240. Chapter 277 of the General Laws is hereby amended by striking out
section 70C, as so appearing, and inserting in place thereof the following section:-
Section 70C. Upon oral motion by the commonwealth at arraignment or pretrial conference, the
court may in its discretion treat a violation of a municipal ordinance, or by-law or a
misdemeanor offense as a civil infraction. The provisions of this section shall not apply to the
offenses in sections 22F, 23, 24, 24D, 24G, 24L, and 24N of chapter 90, sections 8, 8A, and 8B
of chapter 90B, chapter 119, chapter 119A, chapter 209, chapter 209A, chapter 265, sections 1,
2, 3, 6, 6A, 6B, 8B, 13, 13A, 13B, 13C, 14, 14B, 15, 15A, 16, 17, 18, 19, 20, 23, 28, 31 and 36
of chapter 268, chapter 268A, sections 10, 10A, 10C, 10D, 10E, 11B, 11C, 11E, 12, 12A, 12B,
12D and 12E of chapter 269 and sections 1, 2, 3, 4, 4A, 4B, 6, 7, 8, 12, 13, 16, 28, 29A and 29B
of chapter 272. A person complained of for such civil infraction shall be adjudicated responsible
upon such finding by the court and shall neither be sentenced to any term of incarceration nor be
entitled to appointed counsel pursuant to chapter 211.
When the court has treated a violation of a municipal ordinance or by-law or a misdemeanor
offense as a civil infraction under this section and the ordinance, by-law or misdemeanor in
question does not set forth a civil fine as a possible penalty, the court may impose a fine of not
more than $5,000. An adjudication of responsibility shall neither be used in the calculation of
second and subsequent offenses under any chapter, nor as the basis for the revocation of parole
or of a probation surrender.
SECTION 241. Section 10 of chapter 645 of the acts of 1948, as appearing in section 2 of chapter 746 of the acts of 1987, is hereby amended by adding the following sentence:- Notwithstanding the foregoing, the board of education shall not approve any project for any school district which fails to spend in the year preceding the year of application at least 50 per cent of the sum of said school district's calculated foundation budget amounts for the purposes of foundation utility and ordinary maintenance expenses, and extraordinary maintenance allotment as defined in chapter 70 of the General Laws, for said purposes; provided further, that from fiscal year 1999 forward, no school district shall be approved for a project nor receive school building assistance funds unless said district has spent at least 50 per cent of the sum of said district's calculated foundation budget amounts in each of the fiscal years including and succeeding fiscal year 1999; provided further, that all projects which received first school building assistance payments prior to July 1, 2000 shall be exempted from the provisions of this paragraph; and provided further, that upon a request of a school district, the board of education and the division of local services are hereby authorized to grant a waiver from said requirement for unanticipated or extraordinary changes in maintenance spending as determined by said departments, including, but not limited to, the impact on said spending because of the opening of a new school building, the closing of an existing school building, or the completion of a major renovation project.
SECTION 242. Chapter 645 of the acts of 1948 is hereby further amended by striking
out section 19, as most recently amended by section 500 of chapter 151 of the acts of 1996, and
inserting in place thereof the following section:-
Section 19. This act shall cease to be operative on June 30, 2003, except that the payments
provided by sections 12 to 15, inclusive, shall continue thereafter by the state treasurer, subject
to appropriation, in accordance with the provisions of said sections on certification by the
commissioner of education.
SECTION 243. Section 12 of chapter 465 of the acts of 1956, as amended by section 7 of chapter 599 of the acts of 1958, is hereby further amended by striking out the first sentence and inserting in place thereof the following sentence:- The bonds issued under the provisions of this act shall be secured by a trust agreement by and between the Authority and a corporate trustee located within or without the commonwealth and which shall be a trust company or bank having the powers of a trust company.
N.B. - The Acting Governor has vetoed this section
SECTION 244. Section 8A of chapter 1078 of the acts of 1973 is hereby repealed.
SECTION 245. The third paragraph of section 6 of chapter 212 of the acts of 1975 is hereby amended by striking out, in lines 5 and 6, the words "planning and operations" and inserting in place thereof the following words:- asset management and maintenance.
SECTION 246. The first paragraph of section 8F of said chapter 212, as appearing in section 255 of chapter 450 of the acts of 1996, is hereby amended by striking out, in line 14, the words "planning and operations" and inserting in place thereof the following words:- asset management and maintenance.
SECTION 247. The fifth paragraph of section 15A of said chapter 212, as appearing in
section 14 of chapter 130 of the acts of 1987, is hereby amended by striking out, in lines 8 and
21, the words
"planning and operations" and inserting in place thereof, in each instance, the following words:-
asset management and maintenance.
SECTION 248. The sixth paragraph of said section 15A of said chapter 212, as so appearing, is hereby amended by striking out, in line 2, the words "planning and operations" and inserting in place thereof the following words:- asset management and maintenance.
SECTION 249. Section 4 of chapter 775 of the acts of 1975 is hereby amended by
striking out clause (a) and inserting in place thereof the following clause:-
(a) Except as otherwise provided in this act, the powers of the corporation shall be exercised by
a board of nine directors. The governor shall appoint two directors who shall serve at the
pleasure of said governor. The member cities and towns shall elect seven directors from among
their respective managers of municipal lighting and members of their municipal light boards.
Four of the elected seven directors shall be elected by the member cities and towns each of
whom shall have a vote which shall be given weight in the same proportion which its annual
kilowatt hour sales, as most recently reported to the department under chapter 164 of the General
Laws or as otherwise determined or estimated in accordance with the by-laws, bears to the total
of such sales by all member cities and towns. Three of the elected seven directors shall be
elected by the member cities and towns each of whom shall have one equal vote. Of the directors
elected at the annual meeting in 1999, two of the four directors elected by weighted vote shall
serve for a term of three years and two shall serve for a term of two years. One of the directors
elected by equal vote shall serve for a term of three years, one shall serve for a term of two
years, and one shall serve for a term of one year. Thereafter, all seven elected directors shall be
elected as their respective terms expire in the manner prescribed in this section and each shall
serve for a term of three years and until their successors are chosen and qualified. An elected
director may be removed at any time by the member cities and towns with or without cause or
for cause by the board. The member cities and towns shall elect a successor to fill any vacancy
among the elected directors for the respective unexpired term. No vacancy in the membership of
the board shall impair the right of a quorum to exercise the powers of the board. A majority of
the full membership of the board shall constitute a quorum and a majority of such quorum shall
be necessary for any action by the board. The directors shall not be entitled to compensation for
their services as such but shall be reimbursed for actual expenses necessarily incurred in the
performance of their duties.
SECTION 250. Section 2 of chapter 859 of the acts of 1975 is hereby amended by striking out paragraphs (c) and (d).