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Full text of "Acts and Resolves Passed by the General Court of Massachusetts, in the year 2010 (Vol. 2)"

ACTS 

AND 

RESOLVES 

PASSED BY THE 

General Court of Massachusetts 

IN THE YEAR 



2010 



VOLUME II 



PUBLISHED BY 

William Francis Galvin 

SECRETARY OF THE COMMONWEALTH 




Chapter 165. AN ACT FURTHER REGULATING PUBLIC CHARITIES. 

Whereas, The deferred operation of this act would tend to defeat its purpose, which 
is to update forthwith the public charities law, therefore it is hereby declared to be an 
emergency law, necessary for the immediate preservation of the public convenience 

Be it enacted, etc., as follows: 

SECTION 1. Chapter 12 of the General Laws is hereby amended by striking out 
section 8E, as appearing in the 2008 Official Edition, and inserting in place thereof the 
following section:- 

Section 8E. (a) A public charity established, organized or chartered under the laws 
of the commonwealth or under the laws of any other state shall, before engaging in charitable 
work or raising funds in the commonwealth, register with the division by filing a copy of its 
charter, articles of organization, agreement of association or instrument of trust, a true copy 
of its constitution and by-laws and a one-time initial registration fee of $100, together with 
such other information as the director may require. A public charity registered with the 
division shall also file with the division any amendments to its charter, articles of 
organization, agreement of association, instrument of trust or constitution, within 30 days 
after adoption. This section shall not apply to the following public charities: the American 
National Red Cross; the Grand Army of the Republic; American Veterans of World War II, 
Korea and Vietnam; Vietnam Veterans of America; AMVETS; the United Spanish War 
Veterans; the American Legion; the disabled American Veterans of the World War; Military 
Order of the Purple Heart; the Paralyzed Veterans of America; the Veterans of World War I 
of the U.S.A.; and the Veterans of Foreign Wars of the United States. 

(b) If a public charity fails to comply with the requirements of this section, the 
director shall notify the delinquent public charity, or any responsible officer or agent of the 
public charity, by mailing a notice thereof by United States certified or registered mail, or by 
any other courier or service found by the director to be sufficiently reliable to generate 
written documentation of mailing, to its last known address or that of any such responsible 
officer or agent. The notice mailed by the director shall be considered sufficient notice, and 
a certificate of the person mailing the notice that it has been mailed in accordance with this 
section, together with a post office, courier or service receipt of the mailing, shall be 
considered prima facie evidence thereof and shall be admissible in any court of the 
commonwealth as to the facts contained therein. Refusal of delivery shall not be a defense 
to the receipt of the notice. 

(c) If a complete registration is not filed within 30 days of the day the notice is 
mailed, the director may assess a civil penalty against the public charity unless the failure to 
register is for good cause. Notice of the assessment of the penalty shall be mailed to the 
public charity or responsible officer or agent in the manner provided above for the initial 
notice. The civil penalty shall be in an amount of up to $50 per day for each day subsequent 
to the end of such 30 day period until a complete registration is filed; provided, however, that 
the maximum aggregate penalty for failure to register shall not be greater than $10,000. 



798 



Chap. 165 

(d) A public charity aggrieved by the imposition of a civil penalty pursuant to this 
section may bring a civil action in the nature of certiorari under section 4 of chapter 249; 
provided, however, that the action shall be commenced within 60 days of the date of the 
notice of the civil penalty. If a public charity fails to pay the civil penalty provided herein, 
the attorney general may initiate a civil action in the superior court to enforce the penalty or 
to obtain any other relief so required. The action by the attorney general may be initiated, 
if no action is commenced under section 4 of chapter 249, upon the expiration of the 60 day 
period to bring such action or, if an action is commenced under said section 4 of said chapter 
249, the issuance of a final judicial determination thereon. 

(e) The penalty that may be imposed on the public charity as provided in this section 
may be assessed against a responsible officer or agent of the public charity, upon a finding 
by the director that the responsible officer or agent has the authority to cause the public 
charity to comply with the registration requirements of this section but has neglected or 
refused to do so after notice and demand. The president and treasurer of the public charity, 
and any person authorized in its by-laws, operating agreement, articles of organization, 
charter, organizational documents or by resolution of its board of trustees or directors to sign 
documents or filings on behalf of the public charity, shall be rebuttably presumed to have the 
authority to cause the public charity to comply with the registration requirements of this 
section. 

(f) Before the assessment, the director shall provide the responsible officer or agent 
with notice of the director's intention to find that person to be a responsible officer or agent 
and to assess that person the penalties provided for in this section. Notice shall be mailed 
by United States certified or registered mail, or by any other courier or service found by the 
director to be sufficiently reliable to generate written documentation of mailing, to the last 
known address of the person as set forth in any filing made by the public charity or shown 
in its records, or as otherwise determined by the director. The notice shall be considered a 
sufficient notice of the division's intention to assess the penalties and a certificate of the 
person mailing the notice that it has been mailed in accordance with this section, together 
with a post office, courier or service receipt of such mailing, shall be considered prima facie 
evidence thereof and shall be admissible in any court of the commonwealth as to the facts 
contained therein. Refusal of delivery of the mailing shall not be a defense to the receipt of 
the notice. 

(g) A person served with notice under clause (f) may, within 60 days from the date 
of the notice, request an opportunity to be heard by the division to present reasons why he 
should not be determined to be a responsible officer or agent within the meaning of this 
section. Upon a finding by the division that the person is a responsible officer or agent and 
has failed, without good cause, to cause the public charity to comply with the registration 
requirements of this section, a civil penalty that may be assessed against the public charity 
may, in the alternative, be assessed against that person and that person shall not be entitled 
to indemnification or reimbursement by or from the public charity for the civil penalty. 



799 



Chap. 165 

(h) A person aggrieved by the imposition of a civil penalty under this section may 
bring a civil action in the nature of certiorari under section 4 of chapter 249; provided, 
however, that the action shall be commenced within 60 days of the date of the notice of the 
civil penalty. If a person fails to pay the civil penalty provided herein, the attorney general 
may initiate a civil action in the superior court to enforce such penalty or to obtain any other 
relief so required. The action by the attorney general may be initiated, if no action is 
commenced under section 4 of chapter 249, upon the expiration of the 60 day period to bring 
such action or, if an action is commenced under said section 4 of said chapter 249, the 
issuance of a final judicial determination thereon. 

SECTION 2. Section 8F of said chapter 12, as so appearing, is hereby amended by 
inserting after the word "dollars", in lines 42 and 43 , the following words:- but not more than 
$1,000,000; (e) $500, if more than $1,000,000 but not more than $10,000,000; (f) $1,000, 
if more than $10,000,000 but not more than $100,000,000; (g) $2,000, if more than 
$100,000,000. 

SECTION 3. Said section 8F of said chapter 12, as so appearing, is hereby further 
amended by striking out the last paragraph and inserting in place thereof the following 8 
paragraphs :- 

If a public charity fails to file a written report for any year, the director shall notify 
the delinquent public charity, or the responsible officer or agent of the public charity, by 
mailing a notice thereof by United States certified or registered mail, or by any other courier 
or service found by the director to be sufficiently reliable to generate written documentation 
of mailing, to its last known address or that of the responsible officer or agent. The notice 
mailed by the director shall be considered a sufficient notice, and a certificate of the person 
mailing the notice that it has been mailed in accordance with this section, together with a 
post office, courier or service receipt of the mailing, shall be considered prima facie evidence 
thereof and shall be admissible in any court of the commonwealth as to the facts contained 
therein. Refusal of delivery of the mailing shall not be a defense to the receipt of the notice. 

If a complete report is not filed within 30 days of the day the notice is mailed, the 
director may assess a civil penalty against the public charity unless the failure to file is for 
good cause. Notice of the assessment of the penalty shall be mailed to the public charity or 
responsible officer or agent in the manner provided above for the initial notice. The civil 
penalty shall be in an amount of up to $50 per day for each day subsequent to the end of the 
30 day period until a complete report is filed; provided, however, that the maximum 
aggregate penalty assessed with respect to any report shall not be greater than $10,000. 

A public charity aggrieved by the imposition of a civil penalty under this section may 
bring a civil action in the nature of certiorari under section 4 of chapter 249; provided, 
however, that the action shall be commenced within 60 days of the date of the notice of the 
civil penalty. If a public charity fails to pay any civil penalty provided herein, the attorney 
general may initiate a civil action in the superior court to enforce the penalty or to obtain any 
other relief so required. The action by the attorney general may be initiated, if no action is 
commenced under section 4 of chapter 249, upon the expiration of the 60 day period to bring 



800 



Chap. 165 

such action or, if an action is commenced under said section 4 of said chapter 249, the 
issuance of a final judicial determination thereon. 

The penalty that may be imposed on the public charity as provided herein may be 
assessed against a responsible officer or agent of the public charity upon a finding by the 
director that the responsible officer or agent has the authority to cause the public charity to 
comply with the requirements of this section but has neglected or refused to do so after notice 
and demand. The president and treasurer of the public charity, and any person authorized in 
its by-laws, operating agreement, articles of organization, charter, organizational documents 
or by resolution of its board of trustees or directors to sign documents or filings on behalf of 
the public charity, shall be rebuttably presumed to have the authority to cause the public 
charity to comply with the requirements of this section. 

Before the assessment, the director shall provide the responsible officer or agent with 
notice of the director's intention to find the person to be a responsible officer or agent and 
to assess that person the penalties provided for hereunder. Notice shall be delivered by 
United States certified or registered mail or by any other courier or service found by the 
director to be sufficiently reliable to generate written documentation of mailing, to the last 
known address of the person as set forth in any filing made by the public charity or shown 
in its records, or as otherwise determined by the director. The notice shall be considered a 
sufficient notice of the division's intention to assess the penalties and a certificate of the 
person mailing the notice that it has been mailed in accordance with this section, together 
with a post office, service or courier receipt of the mailing, shall be considered prima facie 
evidence thereof and shall be admissible in any court of the commonwealth as to the facts 
contained therein. Refusal of delivery of that mailing shall not be a defense to the receipt of 
the notice. 

The person may, within 60 days from the date of the notice, request an opportunity 
to be heard by the division to present reasons why he should not be determined to be a 
responsible officer or agent within the meaning of this section. Upon a finding by the 
division that the person is a responsible officer or agent and has failed, without good cause, 
to cause the public charity to comply with the filing requirements of this section, a civil 
penalty that may be assessed against the public charity may, in the alternative, be assessed 
against that person and that person shall not be entitled to indemnification or reimbursement 
by or from the public charity for the civil penalty. 

A person aggrieved by the imposition of a civil penalty under this section may bring 
a civil action in the nature of certiorari under section 4 of chapter 249; provided, however, 
that the action shall be commenced within 60 days of the date of the notice of the civil 
penalty. If a person fails to pay the civil penalty provided herein, the attorney general may 
initiate a civil action in the superior court to enforce the penalty or to obtain any other relief 
so required. The action by the attorney general may be initiated, if no action is commenced 
under section 4 of chapter 249, upon the expiration of the 60 day period to bring the action 
or, if an action is commenced under said section 4 of said chapter 249, the issuance of a final 
judicial determination thereon. 



801 



Chap. 165 

A public charity, or an officer or agent of a public charity, who willfully makes, 
executes or files a report false in any material representation shall be punished by a fine of 
not more than $5,000 or by imprisonment for not more than 1 year, or by both such fine and 
imprisonment. 

SECTION 4. Section 21 of chapter 68 of the General Laws is hereby repealed. 

SECTION 5. Said chapter 68 is hereby further amended by striking out section 23, 
as appearing in the 2008 Official Edition, and inserting in place thereof the following 
section:- 

Section 23. Solicitations by professional solicitors and solicitations by commercial 
co-venturers shall contain, at the time of solicitation, the following disclosures: ( 1 ) the name, 
address and telephone number of the charitable organization and a description of how the 
contributions raised by the solicitation will be utilized for charitable purposes, or if there is 
no charitable organization, the name, address and telephone number of the professional 
solicitor or commercial co-venturer and a description of how the contributions raised by the 
solicitation will be utilized for charitable purposes; (2) a statement that the solicitation is 
being conducted by a paid fundraiser; and (3) such other disclosures as required by relevant 
rules and regulations promulgated under section 29. If the solicitation is for advertising, the 
disclosure shall also include the geographic distribution and the circulation of the publication 
in which the advertising will appear. 

SECTION 6. Section 24 of said chapter 68, as so appearing, is hereby amended by 
striking out, in lines 9 to 11, inclusive, the words "(a) professional solicitor, three hundred 
dollars; (b) professional fund-raising counsel, two hundred dollars; (c) commercial 
co-venturer, fifty dollars, and inserting in place thereof the following words:- (i) professional 
solicitor, $1,000; (ii) professional fundraising counsel, $400; (iii) commercial co-venturer, 
$200. 

SECTION 7. Said section 24 of said chapter 68, as so appearing, is hereby further 
amended by striking out, in lines 17 to 18, the words "ten thousand dollars", and inserting 
in place thereof, the following figure:-$25,000. 

SECTION 8. Said section 24 of said chapter 68, as so appearing, is hereby further 
amended by inserting after the word "bond.", in line 27, the following sentence:- A 
professional solicitor shall conduct solicitations only by or through persons who are covered 
(i) by a consolidated bond under which the professional solicitor is the principal obligor, or 
(ii) by a bond under which the person is both the principal obligor and independently 
registered with the division as a professional solicitor under clause (a). 

SECTION 9. Section 32 of said chapter 68, as so appearing, is hereby amended by 
adding the following 7 subsections:- 

(f) In addition to any remedies or actions authorized or permitted under subsections 
(a) to (e), inclusive, if any charitable organization, professional fundraising counsel, 
commercial co-venturer or professional solicitor violates one or more applicable provisions 



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Chap. 165 

of section 1 9, 22 or 24, the director shall notify the delinquent charitable organization, 
professional fundraising counsel, commercial co-venturer, professional solicitor, or any 
responsible officer or agent of any of the foregoing by mailing a notice thereof by United 
States certified or registered mail or by any other courier or service found by the director to 
be sufficiently reliable to generate written documentation of delivery, to its last known 
address or that of the responsible officer or agent. The notice mailed by the division shall 
be considered a sufficient notice, and a certificate of the person mailing the notice that it has 
been mailed in accordance with this section, together with a post office, courier or service 
receipt of the mailing, shall be considered prima facie evidence thereof and shall be 
admissible in any court of the commonwealth as to the facts contained therein. Refusal of 
delivery of the mailing shall not be a defense to the receipt of the notice. 

(g) If the charitable organization, professional fundraising counsel, commercial 
co-venturer or professional solicitor fails to correct the violation within 30 days of the day 
the notice is mailed, the director may assess a civil penalty against the charitable 
organization, professional fundraising counsel, commercial co-venturer or professional 
solicitor unless the failure is for good cause. Notice of the assessment of the penalty shall 
be mailed to the charitable organization, professional fundraising counsel, commercial 
co-venturer, professional solicitor or responsible officer or agent in the manner provided 
above for the initial notice. For charitable organizations the civil penalty shall be in an 
amount of up to $50 per day for each day subsequent to the end of the 30 day period until the 
violation is cured; provided, however, that the maximum aggregate penalty shall not be 
greater than $10,000. For a professional fundraising counsel, commercial co-venturer or 
professional solicitor, the civil penalty shall be in an amount of up to $500 per day for each 
day subsequent to the end of the 30 day period until the violation is cured; provided, 
however, that the maximum aggregate penalty shall not be greater than $25,000. 

(h) A charitable organization, professional fundraising counsel, commercial 
co-venturer or professional solicitor aggrieved by the imposition of a civil penalty pursuant 
to this section may bring a civil action in the nature of certiorari under section 4 of chapter 
249; provided, however, that the action shall be commenced within 60 days of the date of the 
notice of the civil penalty. If a charitable organization, professional fundraising counsel, 
commercial co-venturer, professional solicitor or responsible officer or agent fails to pay any 
civil penalty provided herein, the attorney general may initiate a civil action in the superior 
court to enforce the penalty or to obtain any other relief so required. The action by the 
attorney general may be initiated, if no action is commenced under section 4 of chapter 249, 
upon the expiration of the 60 day period to bring the action or, if an action is commenced 
under said section 4 of said chapter 249, the issuance of a final judicial determination 
thereon. 

(i) The penalty that may be imposed on the charitable organization, professional 
fundraising counsel, commercial co-venturer or professional solicitor may be assessed 
against a responsible officer or agent of the charitable organization, professional fundraising 



803 



Chap. 165 

counsel, commercial co- venturer or professional solicitor, upon a rinding by the director that 
the responsible officer or agent has the authority to cause the charitable organization, 
professional fundraising counsel, commercial co-venturer or professional solicitor to comply 
with the requirements of this chapter, but has neglected or refused to do so after notice and 
demand. The president and treasurer of the charitable organization, professional fundraising 
counsel, commercial co-venturer or professional solicitor, and any person authorized in its 
by-laws, operating agreement, articles of organization, charter, organizational documents or 
by resolution of its board of trustees or directors to sign documents or filings on behalf of the 
charitable organization, professional fundraising counsel, commercial co-venturer or 
professional solicitor, shall be rebuttably presumed to have the authority to cause the 
charitable organization, professional fundraising counsel, commercial co-venturer or 
professional solicitor to comply with the requirements of this chapter. 

(j) Before the assessment, the director shall provide the responsible officer or agent 
with notice of the director's intention to find the person to be a responsible officer or agent 
and to assess that person the penalties provided for hereunder. Notice shall be delivered by 
United States certified or registered mail or by any other courier or service found by the 
director to be sufficiently reliable to generate written documentation of mailing, to the last 
known address of the person as set forth in any filing made by the public charity or shown 
in its records or as otherwise determined by the director. The notice shall be considered a 
sufficient notice of the division's intention to assess the penalties and a certificate of the 
person mailing the notice that it has been mailed in accordance with this section, together 
with a post office, courier or service receipt of the mailing, shall be considered prima facie 
evidence thereof and shall be admissible in any court of the commonwealth as to the facts 
contained therein. Refusal of delivery of the mailing shall not be a defense to the receipt of 
the notice. 

(k) A person served with notice under clause (j) may, within 60 days from the date 
of the notice, request an opportunity to be heard by the division to present reasons why he 
should not be determined to be a responsible officer or agent within the meaning of this 
section. Upon a finding by the division that the person is a responsible officer or agent and 
has failed, without good cause, to cause the charitable organization, professional fundraising 
counsel, commercial co- venturer or professional solicitor to comply with the requirements 
of this chapter, any civil penalty that may be assessed against the charitable organization, 
professional fundraising counsel, commercial co-venturer or professional solicitor may, in 
the alternative, be assessed against that person. In the case of a charitable organization, the 
person shall not be entitled to indemnification or reimbursement by or from the charitable 
organization for the civil penalty. 

(1) A person aggrieved by the imposition of a civil penalty under this section may 
bring a civil action in the nature of certiorari under section 4 of chapter 249; provided, 
however, that the action shall be commenced within 60 days of the date of the notice of the 
civil penalty. If a person fails to pay the civil penalty provided herein, the attorney general 
may initiate a civil action in the superior court to enforce the penalty or to obtain any other 



804 



Chap. 165 

relief so required. The action by the attorney general may be initiated, if no action is 
commenced under section 4 of chapter 249, upon the expiration of the 60 day period to bring 
such action or, if an action is commenced under said section 4 of said chapter 249, the 
issuance of a final judicial determination thereon. 

SECTION 10. Chapter 1 80 of the General Laws is hereby amended by striking out 
section 11 A, as appearing in the 2008 Official Edition, and inserting in place thereof the 
following section: - 

Section 11 A. (a) A charitable corporation constituting a public charity organized 
under any general or special law, which desires to voluntarily windup and close its affairs, 
may authorize its dissolution in accordance with this section. This section shall constitute 
the sole method for the voluntary dissolution of a charitable corporation. 

(b) A petition for dissolution shall be authorized by vote of a majority of the 
corporation's board of directors entitled to vote thereon; provided, however, that if the 
corporation has 1 or more classes of members, the corporation may, in its articles of 
incorporation, in a by-law adopted by the incorporators under section 3 or in a by-law 
adopted by the members, assign the power of authorization to the members acting by 
majority vote of the members entitled to vote thereon or provide that the exercise of the 
power shall be subject to approval by the members. 

(c) If the corporation has no remaining assets, the petition for dissolution shall be 
submitted to the division of public charities of the office of the attorney general setting forth 
in substance the grounds of the application for dissolution together with the forms, affidavits 
and information as the division from time to time may prescribe. If the division is satisfied 
that the corporation has or will become inactive and that its dissolution would be in the 
public interest, the division may approve the dissolution of the corporation. 

(d) If the corporation has remaining assets, the petition for its dissolution shall be 
filed in the supreme judicial court setting forth in substance the grounds for the application 
for dissolution and requesting the court to authorize the administration of its funds for similar 
public charitable purposes as the court may determine. The supreme judicial court may, by 
rule or order, provide that the petition and court authorization are not required for 
dissolutions approved by the division upon receipt of the forms, affidavits and information 
as the division may require if the corporation has net assets no greater than such amount as 
the court may provide in the rule or order or in such other situations as the court may 
provide. 

SECTION 11. Sections 1, 3, 6, 7 and 9 shall take effect on January 1, 201 1. 
SECTION 12. Section 2 shall apply only to fiscal years ending on or after 
December 31, 2010. 

Approved July 19,2010. 



805 



Chapter 166. AN ACT RELATIVE TO SAFETY REGULATIONS FOR SCHOOL 
ATHLETIC PROGRAMS. 

Whereas, The deferred operation of this act would tend to defeat its purpose, which 
is to enhance forthwith the public health of school athletes, therefore it is hereby declared to 
be an emergency law, necessary for the immediate preservation of the public health. 

Be it enacted, etc., as follows: 

SECTION 1. Chapter 111 of the General Laws is hereby amended by adding the 
following section: - 

Section 222. (a) The department shall direct the division of violence and injury 
prevention to develop an interscholastic athletic head injury safety training program in which 
all public schools and any school subject to the Massachusetts Interscholastic Athletic 
Association rules shall participate. Participation in the program shall be required annually 
of coaches, trainers and parent volunteers for any extracurricular athletic activity; physicians 
and nurses who are employed by a school or school district or who volunteer to assist with 
an extracurricular athletic activity; school athletic directors; directors responsible for a school 
marching band; and a parent or legal guardian of a child who participates in an 
extracurricular athletic activity. 

In developing the program, the division may use any of the materials readily available 
from the Centers for Disease Control and Prevention. The program shall include, but not be 
limited to: (1) current training in recognizing the symptoms of potentially catastrophic head 
injuries, concussions and injuries related to second impact syndrome; and (2) providing 
students that participate in any extracurricular athletic activity, including membership in a 
marching band, the following information annually: a summary of department rules and 
regulations relative to safety regulations for students participation in extracurricular athletic 
activities, including the medical protocol for post-concussion participation or participation 
in an extracurricular athletic activity; written information related to the recognition of 
symptoms of head injuries, the biology and the short-term and long-term consequences of 
a concussion. 

(b) The department shall develop forms on which students shall be instructed to 
provide information relative to any sports head injury history at the start of each sports 
season. These forms shall require the signature of both the student and the parent or legal 
guardian thereof. Once complete, the forms shall be forwarded to all coaches prior to 
allowing any student to participate in an extracurricular athletic activity so as to provide 
coaches with up-to-date information relative to an athlete's head injury history and to enable 
coaches to identify students who are at greater risk for repeated head injuries. 

(c) If a student participating in an extracurricular athletic activity becomes 
unconscious during a practice or competition, the student shall not return to the practice or 
competition during which the student became unconscious or participate in any 
extracurricular athletic activity until the student provides written authorization for such 
participation, from a licensed physician, licensed neuropsychologist, certified athletic trainer 



806 



Chap. 166 

or other appropriately trained or licensed health care professional as determined by the 
department of public health, to the school's athletic director. 

If a student suffers a concussion as diagnosed by a medical professional, or is 
suspected to have suffered a concussion while participating in an extracurricular athletic 
activity, the student shall not return to the practice or competition during which the student 
suffered, or is suspected to have suffered, a concussion and shall not participate in any 
extracurricular athletic activity until the student provides written authorization for such 
participation, from a licensed physician, licensed neuropsychologist, certified athletic trainer 
or other appropriately trained or licensed health care professional as determined by the 
department of public health, to the school's athletic director. 

(d) A coach, trainer or volunteer for an extracurricular athletic activity shall not 
encourage or permit a student participating in the activity to engage in any unreasonably 
dangerous athletic technique that unnecessarily endangers the health of a student, including 
using a helmet or any other sports equipment as a weapon. 

(e) The superintendent of the school district or the director of a school shall maintain 
complete and accurate records of the district's or school's compliance with the requirements 
of this section. A school that fails to comply with this section, as determined by the 
department, shall be subject to penalties as determined by the department. 

(f) Nothing in this section shall be construed to waive liability or immunity of a 
school district or its officers or employees. This section shall not create any liability for a 
course of legal action against a school district, its officers or employees. 

(g) A person who volunteers to assist with an extracurricular athletic activity shall not 
be liable for civil damages arising out of any act or omission relating to the requirements of 
this section, unless such person is willfully or wantonly negligent in his act or omission. 

(h) The division shall adopt regulations to carry out this section. 

SECTION 2. Penalties for noncompliance with the program or regulations 
promulgated pursuant to said section 222 of said chapter 1 1 1 shall not be imposed before 
January 1, 2011. 

Approved July 19,2010. 



Chapter 167. AN ACT RELATIVE TO PROPERTY TAX EXEMPTIONS FOR 
RENTAL PROPERTIES IN THE TOWN OF WELLFLEET 
RESTRICTED AS AFFORDABLE HOUSING. 

Be it enacted, etc., as follows: 

SECTION 1. Notwithstanding any general or special law to the contrary, dwelling 
units, in the town of Wellfleet, occupied by income eligible households and rented for an 
amount not exceeding the fair market rents established by the United States Department of 



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Chap. 167 

Housing and Urban Development shall be exempt from taxation under chapter 59 of the 
General Laws. 

SECTION 2. Households leasing and occupying the affordable dwelling unit shall 
upon initial application and annually thereafter, on September first, submit to the town of 
Wellfleet or its agent, documentation necessary to confirm their eligibility for the dwelling 
unit. Dwelling units shall be rented to those meeting the guidelines for a low or moderate 
income family. For the purposes of this act, low income households shall have an income 
less than 80 per cent of the town of Wellfleet median household income, as established by 
the United States Department of Housing and Urban Development for Barnstable Town 
Metropolitan Statistical Area and moderate income households shall have an income 
between 80 per cent and 120 per cent of the town of Wellfleet median household income as 
calculated on the basis of the same area median income statistic as determined by the United 
States Department of Housing and Urban Development published income guidelines, as 
calculated on the basis of the same area median income statistic. 

SECTION 3. Maximum rents shall not exceed fair market rents established by the 
United States Department of Housing and Urban Development for the period commencing 
October 1 of the most recent year. Property owners shall submit to the town of Wellfleet or 
its agent information on the rents to be charged. Each year thereafter, on the first day of 
September, they shall submit information on annual rents charged and a signed lease to the 
town or its agent. Forms for this purpose shall be provided. 

SECTION 4. The exemption shall be equal to the tax otherwise owed on the 
property based on the assessed value of the property, including accessory dwelling units, 
multiplied by the square feet of the living space of all dwelling units on the property that are 
restricted to occupancy by low or moderate income households, divided by the total square 
feet of structures on the property. For property with a single dwelling unit, the exemption 
allowed shall not exceed 50 per cent of the tax otherwise owed. For purposes of determining 
the assessed value of the property, if by income approach to value, the assessment shall 
assume that all housing units are rented at fair market rent as determined by the United States 
Department of Housing and Urban Development. To be eligible for exemption, the housing 
unit shall be leased to a low or moderate income household at such rents for the entire fiscal 
year for which the exemption is sought. 

SECTION 5. The date of determination as to the qualifying factors required by this 
act shall be the first day of September of each year. 

SECTION 6. This act shall be submitted to the voters of the town of Wellfleet at the 
next annual or special town election in the form of the following question which shall be 
placed upon the official ballot to be used at said election: 

"Shall an act passed by the General Court in the year 2010 entitled "An Act Relative 
to Property Tax Exemptions for Rental Properties in the town of Wellfleet Restricted as 
Affordable Housing', be accepted?" 



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Chap. 167 

If a majority of the votes cast in answer to the question is in the affirmative, then this 
act shall take effect, but not otherwise. 

Approved July 19,2010 



Chapter 168. AN ACT REQUIRING ENGINE COOLANT AND ANTIFREEZE TO 
CONTAIN A BITTERING AGENT SO AS TO RENDER IT 
UNPALATABLE. 

Be it enacted, etc., as follows: 

Chapter 94 of the General Laws is hereby amended by inserting after section 303M 
the following section: - 

Section 303N. Notwithstanding any general or special law, rule or regulation to the 
contrary, except as may be otherwise provided in this section, engine coolant or antifreeze 
containing more than 1 per cent ethylene glycol that is manufactured after January 1 , 20 1 1 
may not be sold in the commonwealth unless said engine coolant and antifreeze shall include 
denatonium benzoate at a minimum of 30 parts per million and a maximum of 50 parts per 
million as a bittering agent within the product so as to render it unpalatable. 

A manufacturer of a product for sale in the commonwealth subject to this section 
shall maintain a record of the trade name, scientific name and active ingredients of the 
bittering agent used pursuant to this section, and that information shall be available to the 
public upon request. 

A manufacturer, processor, distributor, recycler or seller of an engine coolant or 
antifreeze that is required to contain an aversive agent, as described in the first paragraph, 
shall not be liable for personal injury or death incurred by a resident of the commonwealth, 
or for any property damage, or damage to the environment, including natural resources, or 
economic loss that results from the inclusion of denatonium benzoate in the engine coolant 
or antifreeze, provided that the inclusion of denatonium benzoate is present in concentrations 
described and mandated by the first paragraph. The limitation on liability, as provided in this 
paragraph, shall not apply to a particular liability to the extent that the cause of that liability 
is found to be unrelated to the inclusion of denatonium benzoate in the engine coolant or 
antifreeze. 

A city or town, or any subdivision thereof, shall not establish or continue in effect a 
local ordinance or policy concerning retail containers of engine coolant or antifreeze sold in 
that city or town, which in any manner shall limit or otherwise prohibit the inclusion of a 
bittering agent in the engine coolant or antifreeze that is in any way different from, or in 
addition to, the provisions of this section. 

This section shall not prevent the sale of a motor vehicle in the commonwealth where 
engine coolant or antifreeze may be found in the radiator of the motor vehicle that does not 



809 



Chap. 168 

meet the provisions of the first paragraph of this section. This section shall also not apply 
to wholesale containers of engine coolant or antifreeze containing 55 gallons or more of 
engine coolant or antifreeze. 

A person who violates this section shall be subject to the penalty set forth in section 
303M for each violation. 

Approved July 19,2010. 



Chapter 169. AN ACT AUTHORIZING THE TOWN OF NORWOOD TO 
ACQUIRE A CERTAIN PARCEL OF REAL ESTATE FROM THE 
VETERANS OF FOREIGN WARS NORWOOD 2452, INC. AND TO 
LEASE THE SAME TO THE POST AND CERTAIN OTHER 
VETERANS' ORGANIZATIONS. 

Be it enacted, etc., as follows: 

SECTION 1. Notwithstanding chapter 3 OB of the General Laws, but subject to 
subsections (a), (b) and (g) of section 16 of said chapter 3 OB, the board of selectmen of the 
town of Norwood may acquire by purchase or otherwise a certain parcel of land with 
buildings and improvements thereon located at 193 Dean street in the town of Norwood, 
owned by the Veterans of Foreign Wars Norwood 2452, Inc. 

SECTION 2. Notwithstanding chapter 3 OB of the General Laws, but subject to 
subsections (a), (b) and (g) of section 16 of said chapter 3 OB, the board of selectmen of the 
town of Norwood may lease the premises described in section 1 to the Veterans of Foreign 
Wars Norwood 2452, Inc. or other veterans' organizations for a term not to exceed 25 years 
upon such terms as the board of selectmen considers appropriate. 

SECTION 3. This act shall take effect upon its passage. 

Approved July 22, 2010. 



Chapter 170. AN ACT DESIGNATING A CERTAIN BRIDGE IN THE TOWN OF 
WESTMINSTER AS THE RYAN PATRICK JONES BRIDGE. 

Be it enacted, etc., as follows: 

The bridge located on the Mohawk Trail on Route 2, spanning Bacon street in the 
town of Westminster and referenced by the Massachusetts Department of Transportation as 
"W-28-22" shall be designated and known as the Ryan Patrick Jones Bridge. The 
department shall erect and maintain suitable markers bearing that designation in compliance 
with the standards of the department. 

Approved July 22, 2010. 



810 



Chapter 171. AN ACT RELATIVE TO THE PROVISION OF NOTICE OF THE 
AVAILABILITY OF THE ANNUAL FINANCE COMMITTEE 
REPORT. 

Be it enacted, etc., as follows: 

Chapter 9 of the charter of the town of North Andover, which is on file in the office 
of the archivist of the commonwealth as provided by section 12 of chapter 43B of the 
General Laws, is hereby amended by striking out section 9-6-1 and inserting in place thereof 
the following section: - 

9-6-1 The finance committee shall conduct at least 1 public hearing on the proposed 
budget and capital improvements plan and shall issue printed recommendations, if the 
recommendations are available, and detailed explanations on all financial articles, including 
the operating budget and the capital improvements plan in an annual finance committee 
report. This report shall be made available to all residents of the town at least 21 days prior 
to the annual town meeting, at town hall, at Stevens memorial library, on the town of North 
Andover website and, by request, by e-mail and United States mail. Notice of availability 
shall be published in a newspaper of general circulation. Copies of the annual finance 
committee report shall also be made available at the annual town meeting. In preparing its 
recommendations, the committee may require the town manager, any town division, 
department, office, board, commission or committee to furnish it with appropriate financial 
reports and budgetary information. 

Approved July 22, 2010 



Chapter 172. AN ACT RELATIVE TO THE NORTH CARVER WATER DISTRICT. 

Be it enacted, etc., as follows: 

SECTION 1. Section 1 of chapter 124 of the acts of 2008 is hereby amended by 
striking out the definition of "Bonds" or "bond" and inserting in place thereof the following 
definition: - 

"Bonds", general obligation bonds, notes or other obligations that the town has 
authorized or issued to finance capital costs prior to the effective date of this act, or that the 
town of Carver may issue to pay capital costs after said effective date, upon the request of 
the district by a vote of two-thirds of the members of the commission. Any such bonds shall 
be issued for terms not to exceed 40 years and shall otherwise be issued in accordance with 
chapter 44 of the General Laws. A bond issued pursuant to this act shall be arranged so that 
the amounts payable over a term of years for principal and interest combined shall be as 
equal as practicable in the opinion of the officers authorized to issue the bonds or, in the 
alternative, in accordance with a schedule that provides a more rapid amortization of the 
principal. Notwithstanding any general or special law to the contrary, the district may issue 



811 



Chap. 172 

its bonds only if the commission, in consultation with the local appointing authority, 
determines that such bonds are required to be issued by the district to the United States Rural 
Development Administration or to any other similar federal or state agency to qualify for 
federal or state grants, loans or any other financial assistance with respect to the development 
of the district's facilities. Bonds issued by the district shall not be included in any debt or 
other limitation pursuant to any general or special law. Bonds issued by the district in 
accordance with this act and not paid by the district when they become due and payable shall 
constitute a pledge of the full faith and credit of the town and shall be a debt of the town 
within the meaning of section 23 of chapter 59 of the General Laws. Bonds issued by the 
district pursuant to this act shall be signed by a majority of the commission and 
acknowledged by the signatures of the town treasurer and by a majority of the selectmen of 
the town. Bonds issued by the town to pay capital costs of the district shall be signed by such 
parties as shall be required for other bonds or notes of the town as required by chapter 44 of 
the General Laws. 

SECTION 2. Said section 1 of said chapter 124 is hereby further amended by 
striking out the definition of "District service area" and inserting in place thereof the 
following definition: - 

"District service area", the area exclusively within the town as shown on the map of 
the district on file in the town clerk's office as may be amended by a majority vote of each 
of the commission, the local appointing authority and the town. 

SECTION 3. Section 2 of said chapter 124 is hereby amended by striking out the 
second paragraph and inserting in place thereof the following paragraph: - 

Except as otherwise provided in this act, the powers of the commission shall be 
exercised by a board of 3 members to be elected by the voters of the town for overlapping 
3-year terms. Vacancies shall be filled in accordance with section 1 1 of chapter 41 of the 
General Laws, except that at the annual town election held by the town in 2009, the initial 
members of the commission shall be elected to 1-, 2- and 3-year terms, with the candidate 
receiving the highest number of votes to serve for a 3 -year term, the candidate with the 
second highest number of votes to serve for a 2-year term and the candidate with the third 
highest number of votes to serve for a 1-year term. Until the initial members of the 
commission are elected in accordance with this section, the board of selectmen shall appoint 
3 registered voters of the town as members. Two members of the commission shall 
constitute a quorum and the affirmative vote of 2 members shall be necessary for any action 
requiring a vote of the commission. Any such action shall take effect immediately unless 
otherwise provided and shall not require publication or posting. 

SECTION 4. Subsection (h) of section 4 of said chapter 124 is hereby amended by 
adding the following words:- in an intermunicipal agreement entered into in accordance with 
section 4A of chapter 40 of the General Laws, except that the maximum term of any such 
intermunicipal agreement shall be 50 years. 

SECTION 5. Section 5 of said chapter 124 is hereby amended by striking out the 
introductory paragraph. 



812 



Chap. 172 

SECTION 6. The second sentence of subsection (a) of said section 5 of said chapter 
124 is hereby amended by striking out the word "clause" and inserting in place thereof the 
following word:- subsection. 

SECTION 7. The first sentence of subsection (b) of said section 5 of said chapter 
124 is hereby amended by striking out the word "clause" and inserting in place thereof, in 
each instance, the following word:- subsection. 

SECTION 8. The first sentence of subsection (c) of said section 5 of said chapter 
124 is hereby amended by striking out the word "clauses" and inserting in place thereof the 
following word:- subsections. 

SECTION 9. Said section 5 of said chapter 1 24 is hereby further amended by adding 
the following 3 subsections:- 

(h) The commission may enter a deferral and recovery agreement with owners of real 
property who meet the requirements of section 13B of chapter 80 of the General Laws on 
behalf of the district as though the town has accepted said section 13B of said chapter 80 for 
that purpose. 

(i) Notwithstanding section 15B or section 39B of chapter 40 of the General Laws 
or any other general or special law requiring local or state approval or vote for the transfer 
or conveyance of easements taken for water supply purposes, the easements acquired by 
order of taking dated March 24, 2008, and recorded in the Plymouth county registry of deeds, 
book 3707 1 , page 257 for water supply purposes as authorized by the vote taken under article 
4 of the warrant for the special town meeting held on February 25, 2008, shall be transferred 
and conveyed to the district for water supply and distribution purposes. 

(j) The powers and limitations provided in this section shall be in addition to the 
powers of the commission that are otherwise provided in this act. 

SECTION 10. Section 6 of said chapter 124 is hereby amended by adding the 
following 2 sentences:- The assessments shall bear interest either at the rate of 5 per cent per 
annum or, at the election of the commission, at a rate not greater than 2 per cent above the 
rate of interest chargeable to the town or the district for the water works project to which the 
assessments relate, from the thirtieth day after assessments have been committed to the 
collector. An election made prior to the passage of this act by the district or the town is 
hereby ratified, validated and confirmed. 

SECTION 11. This act shall take effect as of June 4, 2008, and all acts taken by the 
commission between June 4, 2008, and the effective date of this act are hereby ratified, 
validated and confirmed. 

Approved July 22, 2010. 



Chapter 173. AN ACT AUTHORIZING THE TOWN OF WESTWOOD TO GRANT 
3 LICENSES FOR THE SALE OF WINES AND MALT BEVERAGES 
TO FOOD STORES. 

Be it enacted, etc., as follows: 



813 



Chap. 173 

SECTION 1. (a) Notwithstanding section 17 of chapter 138 of the General Laws, 
the licensing authority of the town of Westwood may grant 3 licenses for the sale of wines 
and malt beverages not to be drunk on the premises under section 1 5 of said chapter 1 3 8 to 
food stores. Except as otherwise provided herein, the licenses shall be subject to all of said 
chapter 138, except said section 17. 

(b) For the purposes of this act, "food store" shall mean a grocery store or 
supermarket with a floor area of more than 1 ,000 square feet which sells at retail, food for 
consumption on or off the gross premises either alone or in combination with grocery items 
or other nondurable items typically found in a grocery store and sold to individuals for 
personal family or household use; provided, however, that the food store shall carry fresh and 
processed meats, poultry, dairy products, eggs, fresh fruits and produce, baked goods and 
baking ingredients, canned goods and dessert items. Notwithstanding the foregoing, a food 
store shall not be a convenience store, specialty store or a store that sells gasoline; provided, 
however, that the board of selectmen shall determine whether an applicant is a food store 
under this act. In making such determination, the board of selectmen shall consider such 
factors as the volume of sales, actual or proposed, and the extent and range of merchandise 
offered for sale. A licensee under this act may sell wines and malt beverages alone or in 
combination with any other items offered for sale and the food store shall be lawfully 
operating as a commercial business. The amount of any initial or renewal fee for such 
license shall be determined by the licensing authority. 

(c) Notwithstanding any general or special law, rule or regulation to the contrary, the 
licensing authority shall not approve the transfer of the license to any other location, but the 
license may be granted to a new applicant at the same location if the applicant for the license 
files with the licensing authority a letter from the department of revenue indicating that the 
license is in good standing with the department and that all applicable taxes have been paid. 

(d) If a license granted under this act is cancelled, revoked or no longer in use, it shall 
be returned physically, with all of the legal rights, privileges and restrictions pertaining 
thereto, to the licensing authority which may then grant the license to a new applicant at the 
same or other appropriate location and under the same conditions as specified in this act. 

SECTION 2. This act shall take effect upon its passage. 

Approved July 22, 2010. 



Chapter 174. AN ACT AUTHORIZING THE TOWN OF SHEFFIELD TO 
CONTINUE THE EMPLOYMENT OF POLICE CHIEF JAMES M. 
MCGARRY. 

Be it enacted, etc., as follows: 



814 



Chap. 174 

SECTION 1. Notwithstanding any general or special law to the contrary, James M. 
McGarry, chief of the police department of the town of Sheffield, may continue in such 
position until June 30, 2015 or until the date of his retirement, whichever occurs first, if he 
is mentally and physically capable of performing the duties of such office. The board of 
selectmen may, at its own expense, require James M. McGarry to be examined by an 
impartial physician designated by them to determine such capability. No further deductions 
shall be made from the regular compensation of James M. McGarry under chapter 32 of the 
General Laws for service subsequent to January 4, 201 1, and upon his retirement he shall 
receive a superannuation retirement allowance equal to that which he would have been 
entitled had he retired on that date. 

SECTION 2. This act shall take effect upon its passage. 

Approved July 22, 2010. 



Chapter 175. AN ACT RELATIVE TO THE FINANCING OF WIND ENERGY 
FACILITIES IN THE TOWN OF FALMOUTH. 

Be it enacted, etc., as follows: 

SECTION 1. Chapter 200 of the acts of 2007 is hereby amended by striking out 
section 5 and inserting in place thereof the following section: - 

Section 5 . Notwithstanding section 53 of chapter 44 of the General Laws or any other 
general or special law to the contrary, the town of Falmouth may establish a fund, which 
shall be kept separate and apart from all other monies of the town, into which shall be 
deposited all revenues from the operation of the wind energy facilities authorized in this act 
and from any other renewable energy producing facilities which the town is authorized by 
law to operate and all monies received for the benefit of the wind energy facilities and any 
other renewable energy facilities, other than the proceeds of bonds or notes issued therefore. 
The receipts may be appropriated to pay the cost of operation and maintenance of wind 
energy facilities and any other renewable energy facilities, to pay costs of future 
improvements and repairs thereto, to offset the other energy or energy related expenses of 
the town, to pay the principal and interest on any bonds or notes issued therefore and for any 
other lawful municipal purpose. 

SECTION 2. This act shall take effect upon its passage. 

Approved July 22, 2010. 



815 



Chapter 176. AN ACT RELATIVE TO SAVINGS BANK LIFE INSURANCE. 

Be it enacted, etc., as follows: 

SECTION 1. Chapter 178 A of the General Laws is hereby repealed. 

SECTION 2. Notwithstanding any general or special law to the contrary, the 
domestic stock life insurance company, established by chapter 499 of the acts of 1 990, 
known as The Savings Bank Life Insurance Company of Massachusetts, may adopt restated 
articles of organization and by-laws as approved by stockholders under section 4 of chapter 
178 A of the General Laws, which shall provide for the governance and capital structure of 
the company, including a policyholders advisory board which may make recommendations 
to the company on maintaining safe low-cost insurance, as the same shall be amended from 
time to time, in such form and manner as is permissible for other domestic stock life 
insurance companies under chapter 175 of the General Laws. 

SECTION 3. This act shall not be construed in any manner whatsoever to limit the 
current rights, powers and privileges of The Savings Bank Life Insurance Company of 
Massachusetts, nor to alter, abridge, amend or modify in any respect the existing assets and 
liabilities of the company, under any contract, policy or other instrument of any nature. The 
company shall continue to have the rights, powers and privileges and be subject to all the 
duties, liabilities and restrictions of a domestic stock insurance company established under 
the provisions of chapter 175 of the General Laws. 

SECTION 4. Section 1 shall take effect upon the date the restated articles of 
organization, as set forth in section 2, are filed with the state secretary under section 5 OB of 
chapter 1 75 of the General Laws; provided, however, that the restated articles of organization 
shall be filed by December 3 1 , 20 1 0; provided, further, that the members of the policyholders 
protective board, established by section 9 of chapter 178 A of the General Laws shall serve 
as members of the policyholders advisory board as set forth in section 2 until each member's 
term of appointment to the policyholders protective board under said section 9 of said 
chapter 178 A expires; and provided, further, that upon the filing of the restated articles of 
organization, the state secretary shall, within 30 days, notify the clerks of the senate and the 
house of representatives that the articles have been adopted and filed. 

Approved July 25, 2010. 



Chapter 177. AN ACT ESTABLISHING A SICK LEAVE BANK FOR SHARON 
BAERT, AN EMPLOYEE OF THE DEPARTMENT OF 
DEVELOPMENTAL SERVICES. 

Whereas, The deferred operation of this act would tend to defeat its purpose, which 
is to establish forthwith a sick leave bank for a certain employee of the department of 
developmental services, therefore it is hereby declared to be an emergency law, necessary for 
the immediate preservation of the public convenience. 



816 



Chap. 177 

Be it enacted, etc., as follows: 

Notwithstanding any general or special law, rule or regulation to the contrary, the 
department of developmental services shall establish a sick leave bank for Sharon Baert, an 
employee of the department. Any employee of the department may voluntarily contribute 
1 or more sick, personal or vacation days to the sick leave bank for use by Sharon Baert. 
Whenever Sharon Baert terminates employment with the department or requests to dissolve 
the sick leave bank, any remaining time in the sick leave bank shall be transferred to the 
extended illness leave bank. Sick leave bank days shall not be used for absences unrelated 
to the illness or disability that necessitated the establishment of the sick leave bank as 
determined by the department. 

Approved July 26, 2010. 



Chapter 178. AN ACT ESTABLISHING A SICK LEAVE BANK FOR JOHN K. 
RYAN, AN EMPLOYEE OF THE OFFICE OF THE INSPECTOR 
GENERAL. 

Whereas, The deferred operation of this act would tend to defeat its purpose, which 
is to establish forthwith a sick leave bank for a certain employee of the office of the inspector 
general, therefore it is hereby declared to be an emergency law, necessary for the immediate 
preservation of the public convenience. 

Be it enacted, etc., as follows: 

Notwithstanding any general or special law, rule or regulation to the contrary, the 
office of the inspector general shall establish a sick leave bank for John K. Ryan, an 
employee of the office. Any employee of the office may voluntarily contribute 1 or more 
sick, personal or vacation days to the sick leave bank for use by John K. Ryan. Whenever 
John K. Ryan terminates employment with the office or requests to dissolve the sick leave 
bank, any remaining time in the sick leave bank shall be transferred to the extended illness 
leave bank. Sick leave bank days shall not be used for absences unrelated to the illness or 
disability that necessitated the establishment of the sick leave bank as determined by the 
office. 

Approved July 26, 2010. 



Chapter 179. AN ACT RELATIVE TO THE SALE OF ANTIQUE BAROMETERS, 
THERMOMETERS AND CLOCKS. 

Whereas, The deferred operation of this act would tend to defeat its purpose, which 



817 



Chap. 179 

is to allow forthwith for the sale of mercury-added antique barometers, antique thermometers 
and antique clocks, therefore it is hereby declared to be an emergency law, necessary for the 
immediate preservation of the public convenience. 

Be it enacted, etc., as follows: 

SECTION 1. Section 6D of chapter 21H of the General Laws, as appearing in the 
2008 Official Edition, is hereby amended by striking out subsection (c) and inserting in place 
thereof the following subsection: - 

(c) Subsections (a) and (b) shall not apply: (i) to the sale of mercury-added products 
if the use of the product is a federal requirement; (ii) to the sale of thermometers if they are 
determined to be medically necessary by a licensed physician or are ordered by prescription, 
or (iii) to the sale of mercury-added antique barometers, including antique barometers with 
attached mercury thermometers, if the barometer was manufactured prior to 1955. 

SECTION 2. Section 6J of said chapter 21H, as so appearing, is hereby amended 
by adding the following subsection:- 

(j) This section shall not apply to mercury-added antique barometers, antique 
thermometers, and antique clocks if the antique barometer, thermometer or clock was 
manufactured prior to 1955. 

SECTION 3. Section 6K of said chapter 21 H, as so appearing, is hereby amended 
by adding the following subsection: - 

(f) This section shall not apply to mercury-added antique barometers, antique 
thermometers, and antique clocks if the antique barometer, thermometer or clock was 
manufactured prior to 1955. A person who sells a mercury-added antique barometer, 
thermometer or clock manufactured prior to 1955 shall clearly inform the purchaser, in 
writing, at the time of sale: (1) that the antique contains mercury; (2) that mercury is a 
hazardous substance; (3) that mercury is regulated by federal and state law; (4) the proper 
and commercially available methods for disposal and recycling of the antique; and (5) the 
proper procedures for cleaning up mercury spills if the antique is broken while in the 
purchaser's possession. 

Approved July 26, 2010. 



Chapter 180. AN ACT ESTABLISHING A SICK LEAVE BANK FOR JAMES E. 
MUNCHBACH, AN EMPLOYEE OF THE TRIAL COURT. 

Whereas, The deferred operation of this act would tend to defeat its purpose, which 
is to establish forthwith a sick leave bank for a certain employee of the trial court, therefore 
it is hereby declared to be an emergency law, necessary for the immediate preservation of the 
public convenience. 



818 



Chap. 180 

Be it enacted, etc., as follows: 

Notwithstanding any general or special law, rule or regulation to the contrary, the trial 
court shall establish a sick leave bank for James E. Munchbach, an employee of the 
department of the trial court. Any employee of the trial court may voluntarily contribute 1 
or more sick, personal or vacation days to the sick leave bank for use by James E. 
Munchbach. Whenever James E. Munchbach terminates employment with the trial court or 
requests to dissolve the sick leave bank, any remaining time in the sick leave bank shall be 
transferred to the trial court paid leave bank. Sick leave bank days shall not be used for 
absences unrelated to the illness or disability that necessitated the establishment of the sick 
leave bank as determined by the trial court. 

Approved July 26, 2010. 



Chapter 181. AN ACT RELATIVE TO INTEREST RATES TO BE CHARGED 
UPON APPORTIONED BETTERMENT ASSESSMENTS IN THE 
TOWN OF WAREHAM. 

Be it enacted, etc., as follows: 

SECTION 1. Notwithstanding any general or special law to the contrary, the town 
of Wareham, with respect to betterment assessments for projects assessed after the effective 
date of this act, may assess interest on betterment assessments at the rate of interest set by 
the town by by-law or by vote with respect to a particular project; provided, however, that 
no such rate shall exceed the rates authorized in section 13 of chapter 80 of the General 
Laws; and provided further, that if the town does not elect to set lower rates as authorized 
in this act, the town shall charge interest at the rates authorized in said section 13 of said 
chapter 80. 

SECTION 2. This act shall take effect upon its passage. 

Approved July 26, 2010. 



Chapter 182. AN ACT RELATIVE TO THE INTEREST RATE TO BE CHARGED 
ON CERTAIN BETTERMENT ASSESSMENTS IN THE TOWN OF 
WAREHAM. 

Be it enacted, etc., as follows: 

SECTION 1. Notwithstanding any general or special law to the contrary, the town 
of Wareham shall assess interest on apportionments of sewer betterment assessments for the 



819 



Chap. 182 

Weweantic sewer project at the rate of interest of one-half of 1 per cent. The betterment 
assessment statement for the Weweantic sewer project was recorded with the Plymouth 
county registry of deeds on November 14, 2003, in book 27023, page 221. 

SECTION 2. If on the effective date of this act such assessments have already been 
apportioned and any portion with interest at the rates authorized in section 13 of chapter 80 
of the General Laws has been added to the annual tax assessed with respect to the assessed 
properties, then from October 1 after the effective date of this act, such 'apportioned 
assessments shall bear interest at the rate authorized in section 1 . 

SECTION 3. This act shall take effect upon its passage. 

Approved July 26, 2010. 



Chapter 183. AN ACT RELATIVE TO THE DETERMINATION OF 
CONDOMINIUM COMMON AREA INTEREST. 

Be it enacted, etc., as follows: 

SECTION 1. Section 5 of chapter 183 A of the General Laws, as appearing in the 
2008 Official Edition, is hereby amended by inserting after the word "units", in line 5, the 
following words:- and may include determinations of whether and how to weigh a restriction 
relating to value imposed on 1 or more, but fewer than all, units by covenant, agreement or 
otherwise. 

SECTION 2. Said section 5 of said chapter 1 83A, as so appearing, is hereby further 
amended by inserting after the word "therefrom", in line 17, the following words:- ; and 
provided, further, that readjustment of 1 or more unit's percentage interest solely to reflect 
release or termination of a restriction previously imposed on the unit by covenant, agreement 
or otherwise that was a factor for reduction of that percentage interest, with proportionate 
adjustment only to each other unit's percentage interest, if not otherwise provided for in the 
master deed, may be made by vote of 75 per cent or such other percentage of unit owners as 
is required to amend the master deed generally, whichever is less, and the consent of 51 per 
cent of the number of all mortgagees holding first mortgages on units within the 
condominium who have given notice of their desire to be notified as provided in clause (5) 
of section 4 is obtained; provided further, that any such re-adjustment shall be effective on 
the date the amendment is recorded in the appropriate registry of deeds or land registration 
office or such later date as may be stated in the amendment; and provided further, that in the 
case of readjustment following expiration of a term of years stated in the restriction, that 
readjustment shall be effective on the date as aforesaid or 1 year after termination of the 
restriction, whichever is later. 

SECTION 3. Paragraph (i) of subsection (a) of section 6 of said chapter 183 A, as 
so appearing, is hereby amended by striking out the first sentence and inserting the following 



820 



Chap. 183 

sentence:- Except as provided in paragraph (ii), all common expenses shall be assessed 
against all units either in accordance with their respective percentages of undivided interest 
in the common areas and facilities or, if stated in the master deed or an amendment thereto 
duly recorded in the approximate relation that the area of the unit bears to the aggregate area 
of all the units, which may take into account unit location, amenities in the unit, and limited 
common areas and facilities benefiting the unit; provided, however, that such an amendment 
shall require the consent of all unit owners whose common expense assessment is materially 
affected. 

Approved July 26, 2010. 



Chapter 184. AN ACT RELATIVE TO MINIMUM AGE REQUIREMENT FOR 
OBTAINING IDENTIFICATION CARDS. 

Be it enacted, etc., as follows: 

Section 8E of chapter 90 of the General Laws, as appearing in the 2008 Official 
Edition, is hereby amended by striking out, in line 1, the figure "16" and inserting in place 
thereof the following figure:- 14. 

Approved July 26, 2010. 



Chapter 185. AN ACT RELATIVE TO THE SEWER SERVICE AREA FOR THE 
TOWN OF LUNENBURG. 

Be it enacted, etc., as follows: 

SECTION 1. (a) Notwithstanding chapter 83 of the General Laws or any other 
general or special law to the contrary, this act shall be the sewer by-law of the town of 
Lunenburg. 

SECTION 2. For the purposes of this act, the following words shall have the 
following meanings unless the context clearly requires otherwise: 

"Available capacity", flow that is available via intermunieipal agreement or other 
sources that has not been previously allocated by the sewer commission. 

"Bisected lot", property in which the line defining the sewer service area passes 
through the lot. 

"Commission", the board of sewer commissioners. 

"Protective by-law", the zoning by-law of the town of Lunenburg. 

"Reserve capacity", the flow capacity reserved for use by property owners along the 
sewered ways. 

"Sewer service area", the geographical areas of the Lunenburg sewer service area 
with boundaries as delineated on the sewer service area map. 

821 



Chap. 185 

"Sewer service area map", the map approved by the town meeting vote on May 2, 
2009, as may be amended from time to time by vote of the town meeting, delineating the 
sewer service area and sewer service zones. 

"Sewer service zone", an area located within the sewer service area and delineated 
on the sewer service area map. 

1.0 PURPOSE. 

It shall be the purpose of this by-law to regulate the connections to and extensions of 
the town' s sewer system in order to preserve and manage limited treatment capacity pursuant 
to intermunicipal agreements. Priority shall be given to providing solutions for wastewater 
problems within the sewer service area including, but not limited to, failed septic systems 
with poor site conditions for upgrades. 

2.0 SEWER SERVICE AREA. 

The town of Lunenburg, acting by and through the commission, may lay out, plan, 
construct, maintain and operate a system of common sewers within the sewer service area. 
The provision of sewer service within the sewer service area shall be under the jurisdiction 
and control of the commission. No person shall extend or construct a sanitary sewer 
intended to be connected to a municipal common sewer to serve property, or any portion of 
a property, located outside the designated sewer service area. Prior to the initiation of a 
sewer project in any sewer service zone and prior to submitting an appropriation request to 
the town, the sewer commission shall survey the landowners in the sewer service area to 
determine whether a minimum of 2/3 of all affected owners support the installation of sewer 
service. 

3.0 CONNECTION ELIGIBILITY. 

Developed parcels of land or portions of parcels of land located within a sewer 
service zone that abut a public way in which a sewer has been laid shall be eligible to connect 
existing buildings to the sanitary sewer unless the property is subject to a waiver deed 
restriction. Any undeveloped single family, commercial or industrial lot or any undeveloped 
parcel of land created out of a pre-existing developed lot, provided that it has at least 50 feet 
of frontage along the sewered way located within the sewer district and conforms to the 
Lunenburg protective by-law, shall be eligible to connect and shall be limited to 330 gallons 
per day of capacity. Additional capacity for those parcels may be granted by a majority vote 
of the sewer commission, subject to available capacity. No property or portion of a property, 
located outside of sewer service zones shall be allowed to extend or construct a sanitary 
sewer. A lot bisected by a sewer service zone boundary line shall only install a sewer 
connection that serves buildings that are located within the sewer service zone lines. 

4.0 SEWER EXTENSIONS. 

Owners of parcels of land or portion of parcels of land located within the sewer 
service area not presently served by sewer may extend the existing sewer system to serve 
those parcels but such extension shall be at the discretion of the commission, subject to 
available capacity, and only if otherwise in compliance with law and with the conditions of 



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Chap. 185 

any permits. Prior to granting approval for a sewer extension, the commission may require 
the applicant to supply, at the applicant's own cost and expense, maps, plans, reports, 
specifications and other data which properly describe the proposed work. All development 
and construction shall be monitored in accordance with the "Monitoring and Inspection 
Procedures and Fee System of the Lunenburg Sewer Commission". Upon approval and prior 
to the commencement of work, the applicant may be required to post bonds, undertakings, 
guaranties and insurance policies in forms and amounts acceptable to the commission to 
guarantee completion of the proposed work and restoration and to indemnify and save 
harmless the town of Lunenburg and its officers, agents, servants and employees from 
damage or loss arising out of or in connection with the work. 

5.0 RESERVE CAPACITY. 

At the time of finalization of the betterment for a sewer project, the 1 00 per cent build 
out utilization capacity shall be established consistent with the number of assessments and 
capacity allotment. Ninety per cent of that total capacity shall be held in reserve by the 
commission for future use by the assessed properties that are equitably entitled to such 
capacity. 

6.0 ALLOCATION OF CAPACITY FOR CHANGE OR EXPANSION OF USE IN 
EXISTING FACILITIES. 

The commission may allow for increased allocation for the change of use, or 
expansion of use which results in an increased sewage design flow, in existing facilities 
within the sewer service area, subject to available capacity and subject to the assessment of 
privilege fees by the commission under sections 17 and 20 of chapter 83 of the General 
Laws. For the purposes of this section and section 7.0, a "change of use" or "expansion of 
a preexisting use" shall mean any undertaking on a property, whether involving material 
changes to structures or not, which results in an increase of design flow on the property from 
the existing conditions pursuant to 310 CMR 15.000. 

7.0 APPROVAL REQUIRED FOR CHANGE OR EXPANSION OF PROPERTY 
USE. 

Any proposed change of use or expansion of preexisting use which results in an 
increase in flow allocation or change in type of flow including, but not limited to, residential 
to commercial, or commercial to industrial, for a property within the sewer service area shall 
be reviewed by the commission. An application completed by the property owner on a form 
approved by the commission shall accurately and completely indicate the existing use and 
the proposed use and the associated flows calculated pursuant to the Title V of 310 C.M.R. 
15.000. At the discretion of the commission, applications may be approved by the 
commission based on available capacity. 

8.0 ABANDONMENT OF SEPTIC SYSTEMS AT PROPERTIES TO BE SERVED 
BY MUNICIPAL SEWER. 

Within 30 days after connection to the sewer system, the on-site subsurface sewage 
disposal system shall be abandoned in accordance with the Lunenburg board of health 
regulations and Title V of 310 C.M.R. 15.000. 



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Chap. 185 

9.0 AMENDMENTS TO BY-LAW. 

This by-law may be amended by vote of the Lunenburg town meeting in the same 
manner that other general by-laws of the town may be amended. 

Approved July 26, 2010. 



Chapter 186. AN ACT DESIGNATING A CERTAIN BRIDGE IN THE TOWN OF 
BILLERICA AS THE JOHN F. LEARY BRIDGE. 

Be it enacted, etc., as follows: 

The bridge no. B- 12-001 spanning the Concord river and located on Nashua road, 
route 4 in the town of Billerica shall be designated and known as the John F. Leary Bridge. 
The Massachusetts Department of Transportation shall erect and maintain suitable markers 
bearing the designation in compliance with the standards of the department. 

Approved July 27, 2010. 



Chapter 187. AN ACT RELATIVE TO DETERMINING THE NUMBER OF TOWN 
MEETING MEMBERS IN EACH PRECINCT IN THE TOWN OF 
SHREWSBURY. 

Be it enacted, etc., as follows: 

SECTION 1 . Section 7 of chapter 553 of the acts of 1 953, as most recently amended 
by section 2 of chapter 81 of the acts of 1981, is hereby further amended by striking out, in 
lines 3 and 4, the words "which shall be the largest number divisible by three and". 

SECTION 2. This act shall take effect upon its passage. 

Approved July 27, 2010. 



Chapter 188. AN ACT RELATIVE TO MUNICIPAL RELIEF. 

Be it enacted, etc., as follows: 

SECTION 1. Section 22N of chapter 7 of the General Laws, as appearing in the 
2008 Official Edition, is hereby amended by striking out, in lines 60 and 61 , and in line 63, 
the word "December" and inserting in place thereof, in each instance, the following word:- 
October. 

SECTION 2. Section 52 of chapter 10 of the General Laws, as so appearing, is 
hereby amended by striking out, in line 3, the words "fifty-three to fifty-eight" and inserting 
in place thereof the following words:- 53 to 58A. 

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Chap. 188 

SECTION 3. Said chapter 10 is hereby further amended by inserting after section 
58 the following section:- 

Section 5 8 A. (a) The council shall establish criteria and guidelines for state-desig- 
nated cultural districts. A cultural district shall be a geographical area of a city or town with 
a concentration of cultural facilities located within it. Cultural districts shall attract artists 
and cultural enterprises to a community, encourage business and job development, establish 
tourist destinations, preserve and reuse historic buildings, enhance property values and foster 
local cultural development. The council shall assist a city or town if the city or town wishes 
to develop or foster a cultural district. The council shall develop an application process, with 
specific guidelines and criteria, for a city or town that wishes to develop or foster a cultural 
district. Executive branch agencies, constitutional offices and quasi-governmental agencies 
shall identify programs and services that support and enhance the development of cultural 
districts and ensure that those programs and services are accessible to such districts. The 
council shall consult with the Massachusetts historical commission in developing and 
establishing criteria and guidelines regarding preservation and reuse of historic buildings. 

(b) Notwithstanding any general or special law to the contrary, executive branch 
agencies, constitutional offices and quasi-governmental agencies including, but not limited 
to, the council and historic preservation programs, shall review and revise regulations and 
other economic development tools, including the evaluative criteria of such historic 
preservation programs, in order to support and encourage the development and success of 
state-designated cultural districts. 

SECTION 4. Section 1 of chapter 30B of the General Laws is hereby amended by 
inserting after the word "section", in line 6, as appearing in the 2008 Official Edition, the 
following word:- 1 1C or section. 

SECTION 5. Said section 1 of said chapter 30B is hereby further amended by 
inserting after the word "commonwealth", in line 12, as so appearing, the following words :- 
, except as pertains to subsection (i) of section 16. 

SECTION 6. Said section 1 of said chapter 30B, as most recently amended by 
section 41 of chapter 25 of the acts of 2009, is hereby further amended by adding the 
following subsection :- 

(f) This chapter shall be deemed to have been complied with on all purchases made 
from a vendor pursuant to a General Services Administration federal supply schedule that 
is available for use by governmental bodies. 

SECTION 7. Section 2 of said chapter 30B is hereby amended by inserting after the 
definition of "Contractor", as so appearing, the following 2 definitions :- 

"Cooperative purchasing", procurement conducted by, or on behalf of, more than 1 
public procurement unit or by a public procurement unit with an external procurement 
activity. 

"Electronic bidding", the electronic solicitation and receipt of offers to contract for 
supplies and services; provided, however, that offers may be accepted and contracts may be 
entered into by use of electronic bidding. 



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Chap. 188 

SECTION 8. Said section 2 of said chapter 30B is hereby further amended by 
inserting after the definition of "Employment agreement", as so appearing, the following 
definition :- 

"External procurement activity", (a) a public agency not located in the 
commonwealth which would qualify as a public procurement unit; (b) buying by the United 
States government. 

SECTION 9. Said section 2 of said chapter 3 OB is hereby further amended by 
inserting after the definition of "Labor relations representative", as so appearing, the 
following definition:- 

"Local public procurement unit", a political subdivision or unit thereof which 
expends public funds for the procurement of supplies. 

SECTION 10. Said section 2 of said chapter 30B is hereby further amended by 
inserting after the definition of "Proposal", as so appearing, the following definition:- 

"Public procurement unit", a local public procurement unit or a state public 
procurement unit. 

SECTION 11. Said section 2 of said chapter 3 OB is hereby further amended by 
inserting after the definition of "Request for proposals", as so appearing, the following 
definition:- 

"Reverse auction", an internet-based process used to buy supplies and services 
whereby the sellers of the supplies or services being auctioned anonymously bid against each 
other until time expires and until the governmental body determines from which sellers it 
will buy based on the pricing obtained during the process. 

SECTION 12. Said section 2 of said chapter 3 OB is hereby further amended by 
inserting after the definition of "Services", as so appearing, the following 2 definitions:- 

"Sound business practices", ensuring the receipt of favorable prices by periodically 
soliciting price lists or quotes. 

"State public procurement unit", the offices of the chief procurement officers and any 
other purchasing agency of the commonwealth or any other state. 

SECTION 13. Section 4 of said chapter 30B, as so appearing, is hereby amended 
by striking out, in line 24, the words "generally accepted" and inserting in place thereof the 
following word:- sound. 

SECTION 14. Said chapter 30B is hereby further amended by inserting after 
section 6, as so appearing, the following section:- 

Section 6A. (a) A chief procurement officer may enter into procurement contracts 
for $25,000 or more, utilizing reverse auctions for the acquisition of supplies and services. 
The reverse auction process shall include a specification of an opening date and time when 
real-time electronic bids shall be accepted and shall provide that the procedure remain open 
until the designated closing date and time. 

(b) All bids on reverse auctions shall be posted electronically on the internet and 
updated on a real-time basis and shall allow for registered bidders to lower the price of their 
bid below the lowest bid on the internet. 



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Chap. 188 

(c) The chief procurement officer shall require vendors to register before the reverse 
auction opening date and time and, as part of the registration, agree to any terms and 
conditions and other requirements of the solicitation. 

(d) Any mechanism including, but not limited to, software, developed by the 
operational services division to conduct reverse auctions by the commonwealth, shall provide 
for the utilization of that mechanism by municipalities. 

(e) The operational services division may assess a municipality utilizing the reverse 
auction mechanism a reasonable fee, calculated to compensate for any increased cost 
attributable to such utilization, which shall be credited to the General Fund. 

(f) Reverse auctions shall not be subject to clause (1) of subsection (b) or subsection 
(d) of section 5 but shall be subject to all other provisions of said section 5. 

SECTION 15. Said chapter 3 OB is hereby further amended by adding the following 
section:- 

Section 22. A public procurement unit may participate in, sponsor, conduct or 
administer a cooperative purchasing agreement for the procurement of supplies with public 
procurement units or external procurement activities in accordance with an agreement 
entered into between the participants. The public procurement unit conducting the 
procurement of supplies shall do so in a manner that constitutes a full and open competition. 

SECTION 16. Paragraph (f) of subdivision (3) of section 21 of chapter 32 of the 
General Laws, as appearing in the 2008 Official Edition, is hereby amended by striking out 
the second paragraph and inserting in place thereof the following paragraph: - 

An actuarial valuation of each system shall be conducted biennially and experience 
investigations shall be conducted every 6 years. Actuarial valuation reports and experience 
studies shall be conducted in such manner as the commissioner of administration, upon 
advice of the actuary, shall consider appropriate. 

SECTION 17. The first paragraph of subdivision (1) of section 22D of said chapter 
32, as amended by section 18 of chapter 21 of the acts of 2009, is hereby further amended 
by inserting after the first sentence, as so appearing, the following sentence:- A funding 
schedule established under this section shall provide that the payment in any year of the 
schedule is not less than 95 per cent of the amount appropriated in the previous fiscal year. 

SECTION 18. Said chapter 32 is hereby further amended by inserting after section 
22E the following section :- 

Section 22F. (a) A system, other than the state employees' retirement system and the 
teachers' retirement system, which conducts an actuarial valuation of the retirement system 
as of January 1 , 2009, or later, may establish a revised retirement system funding schedule, 
subject to the approval of the actuary, which reduces the unfunded actuarial liability of the 
system to zero not later than June 30, 2040, as long as: (1) the payment in a year under the 
revised schedule or a subsequent schedule is not less than the payment in a prior fiscal year 
under the then current schedule until the system is fully funded; and (2) the increase in the 
amortization component of the appropriations required by the schedule from year to year 
does not exceed 4 per cent and is so designed that the funding schedule and any updates to 
it reduce the unfunded actuarial liability of the system to zero on or before June 30, 2040. 

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Chap. 188 

(b) If an updated actuarial valuation allows for the development of a revised schedule 
with reduced payments, the revised schedule shall be adjusted to reduce the unfunded 
liability of the system to zero by an earlier date to the extent required to ensure that the 
appropriation required for a particular year under the new schedule shall not be less than the 
amount identified for that year under the prior schedule established under this section. 

(c) If a schedule established under this section would result in an appropriation in the 
first fiscal year of the schedule that is greater than 8 per cent more than the appropriation in 
the previous fiscal year, the requirement of clause (2) of subsection (a) may be adjusted with 
the approval of the public employee retirement administration commission. 

(d) Systems may establish a schedule under this section that provides for an increase 
in the maximum base amount on which the cost-of-living adjustment is calculated pursuant 
to section 103, in multiples of $1,000. Acceptance of this subsection shall be in accordance 
with paragraph (j) of section 103. 

SECTION 19. Section 103 of said chapter 32, as so appearing, is hereby amended 
by adding the following paragraph: - 

(j) Notwithstanding paragraph (a), the board of any system that establishes a schedule 
pursuant to section 22D or 22F, may increase the maximum base amount on which the 
cost-of-living adjustment is calculated, in multiples of $1,000. Each increase in the 
maximum base amount shall be accepted by a majority vote of the board of such system, 
subject to the approval of the legislative body. For the purpose of this section, "legislative 
body" shall mean, in the case of a city, the city council in accordance with its charter, in the 
case of a town, the town meeting, in the case of a district, the district members, and, in the 
case of an authority, the governing body. In the case of a county or region, acceptance shall 
be by the county or regional retirement board advisory council at a meeting called for that 
purpose by the county or regional retirement board that shall notify council members at least 
60 days before the meeting. Upon receiving notice, the treasurer of a town belonging to the 
county or regional retirement system shall make a presentation to the town's chief executive 
officer, as defined in paragraph (c) of subdivision (8) of section 22, regarding the impact of 
the increase in the cost-of-living adjustment base, the failure of which by a treasurer shall not 
impede or otherwise nullify the vote by the advisory council. Acceptance of an increase in 
the maximum base amount shall be deemed to have occurred upon the filing of the 
certification of such vote with the commission. A decision to accept an increase in the 
maximum base amount may not be revoked. 

SECTION 20. Section 1 1 A of chapter 32B of the General Laws, as so appearing, 
is hereby amended by striking out the first paragraph and inserting in place thereof the 
following paragraph :- 

Each employee insured for the minimum amounts of group life and group accidental 
death and dismemberment insurance provided in section 5, subject to such conditions as the 
appropriate public authority shall approve, may be insured for amounts of group life 
insurance and group accidental death and dismemberment insurance in addition to the 
minimum amounts provided for in said section 5 in an amount not greater than $150,000. 

SECTION 21. Said section 1 1 A of said chapter 32B, as so appearing, is hereby 

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Chap. 188 

further amended by striking out, in line 60, the words "outlined in the above schedule". 

SECTION 22. Section 3 of chapter 40 of the General Laws, as so appearing, is 
hereby amended by striking out, in line 4, the word "ten" and inserting in place thereof the 
following figure:- 30. 

SECTION 23. The second paragraph of section 4 A of said chapter 40, as so 
appearing, is hereby amended by adding the following sentence: A decision to enter into an 
intermunicipal agreement under this section, or to join a regional entity, shall be solely 
subject to the approval process of the towns' elected bodies. 

SECTION 24. Said chapter 40 is hereby further amended by inserting after section 
41 the following 2 sections :- 

Section 4J. (a) As used in this section, the following words shall have the following 
meanings unless the context clearly requires otherwise: 

"Agency", the Massachusetts emergency management agency. 

"Agreement", the statewide public safety mutual aid agreement established in 
subsection (b). 

"Authorized representative", in the case of a city or town, the mayor, city manager, 
town manager, town administrator, executive secretary, police chief or on-duty shift 
commander of the police department, fire chief or on-duty shift commander of the fire 
department, health director or chairperson of the board of health and the emergency 
management director and, in the case of a governmental unit that is not a city or town, the 
chief executive officer or his designee. 

"Employee", a person employed full-time or part-time by a governmental unit, a 
volunteer officially operating under a governmental unit, or a person contractually providing 
services to a governmental unit. 

"Governmental unit", a city, town, county, regional transit authority established under 
chapter 161B, water or sewer commission or district established under chapter 40N or by 
special law, fire district, regional health district established under chapter 1 1 1, a regional 
school district or a law enforcement council. 

"Incident command system", the standardized national incident management system 
that establishes an on-scene management system of procedures for controlling personnel, 
facilities, equipment and communications from different agencies at the scene of an 
emergency or other event for which mutual aid assistance is provided. 

"Law enforcement council", a nonprofit corporation comprised of municipal police 
chiefs and other law enforcement agencies established to provide: (i) mutual aid to its 
members pursuant to mutual aid agreements; (ii) mutual aid or requisitions for aid to 
non-members consistent with section 8G of this chapter or section 99 of chapter 41 ; and (iii) 
enhanced public safety by otherwise sharing resources and personnel. 

"Mutual aid assistance", the cross-jurisdictional provision of emergency services, 
materials or facilities from 1 party to another when existing resources are, or may be, 
inadequate. 

"Party", a governmental unit that has joined the agreement. 

"Public safety incident", an event, emergency or natural or man-made disaster, that 

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Chap. 188 

threatens or causes harm to public health, safety or welfare and that exceeds, or reasonably 
may be expected to exceed, the response or recovery capabilities of a governmental unit 
including, but not limited to, a technological hazard, planned event, civil unrest, health- 
related event and an emergency, act of terrorism and training and exercise that tests and 
simulates the ability to manage, respond to or recover from any such event. 

"Requesting party", a party that requests aid or assistance from another party pursuant 
to the agreement. 

"Sending party", a party that renders aid or assistance to another party under the 
agreement. 

(b) There shall be a statewide public safety mutual aid agreement to create a 
framework for the provision of mutual aid assistance among the parties to the agreement in 
the case of a public safety incident. The assistance to be provided under the agreement shall 
include, but not be limited to, fire service, law enforcement, emergency medical services, 
transportation, communications, public works, engineering, building inspection, planning 
and information assistance, resource support, public health, health and medical services, 
search and rescue assistance and any other resource, equipment or personnel that a party to 
the agreement may request or provide in anticipation of, or in response to, a public safety 
incident. 

(c) (1) If a city or town wishes to join the agreement, the mayor in the case of a city, 
the city manager in the case of a Plan D or Plan E city, or the town manager, town 
administrator or chairman of the board of selectmen with the approval of the board of 
selectmen, may act on behalf of the city or town to join the agreement by notifying the 
director of the agency in writing. The municipality shall be a party to the agreement 30 days 
after receipt by the agency of the written notification. 

A city or town that has joined the agreement may opt out of the agreement in the 
same manner as provided for joining the agreement and by notifying the agency in writing 
of its intention to opt out. The removal of the municipality from the agreement shall take 
effect 10 days after receipt by the agency of the written notification. 

(2) If a governmental unit that is not a city or town wishes to join the agreement, the 
chief executive officer of the governmental unit may act on its behalf to join the agreement 
by notifying the director of the agency in writing. The governmental unit shall be a party to 
the agreement 30 days after receipt by the agency of the written notification. 

If a governmental unit that is not a city or town has joined the agreement but wishes 
to opt out of the agreement, the chief executive officer of the governmental unit may act on 
its behalf to opt out of the agreement by notifying the agency in writing. The removal of the 
municipality from the agreement shall take effect 10 days after receipt by the agency of the 
written notification. 

(d)( 1 ) A request by a party to receive mutual aid assistance under the agreement shall 
be made, either orally or in writing, by an authorized representative of the requesting party 
and shall be communicated to an authorized representative of the sending party or to the 
agency; provided, however, that if the request is communicated orally, the requesting party 
shall reduce the request to writing and deliver it to the sending party or to the agency at the 

830 



Chap. 188 

earliest possible date, but not later than 72 hours after making the oral request. A party to 
the agreement may request mutual aid assistance during, in anticipation of or as a result of 
a public safety incident. 

(2) An oral or written request for mutual aid assistance under the agreement shall 
include the following information: 

(i) a description of the public safety incident; 

(ii) the nature, type and amount of personnel, equipment, materials, supplies or other 
resources being requested; 

(iii) the manner in which the resources shall be used and deployed; 

(iv) a reasonable estimate of the length of time for which the resources shall be 
needed; 

(v) the location to which the resources shall be deployed; and 

(vi) the requesting party's point of contact. 

(3) A party that receives a request for mutual aid assistance shall provide and make 
available, to the extent reasonable and practicable under the circumstances, the resources 
requested; provided, however, that a sending party may withhold requested resources to the 
extent necessary to provide reasonable protection and coverage for its own jurisdiction. 

(e) The requesting party shall be responsible for the overall operation, assignment and 
deployment of resources and personnel provided by a sending party consistent with the 
incident command system. The sending party shall retain direct supervision, command and 
control of personnel, equipment and resources provided by the sending party unless 
otherwise agreed to by the requesting party and the sending party. During the course of 
rendering mutual aid assistance under the agreement, the sending party shall be responsible 
for the operation of its equipment and for any damage thereto unless the sending party and 
the requesting party agree otherwise. 

(f)(1) All expenses incurred by the sending party in rendering mutual aid assistance 
pursuant to the agreement shall be paid by the sending party; provided, however, that a 
requesting party and a sending party may enter into supplementary agreements for reimburse- 
ment of costs associated with providing mutual aid assistance incurred by a sending party. 

(2) A sending party shall document its costs of providing mutual aid assistance under 
the agreement, including direct and indirect payroll and employee benefit costs, travel costs, 
repair costs and the costs of materials and supplies. A sending party shall also document the 
use of its equipment and the quantities of materials and supplies used while providing mutual 
aid assistance under the agreement. 

(3) Except as otherwise agreed to by the parties, the requesting party shall seek 
reimbursement under any applicable federal and state disaster assistance programs for the 
costs of responding to the public safety incident. The requesting party and each sending 
party shall receive, based on the documented costs of providing mutual aid assistance, its pro 
rata share of the disaster assistance reimbursement provided to the requesting party. 

(g) While providing mutual aid assistance under the agreement, employees of a 
sending party shall: (i) be afforded the same powers, duties, rights and privileges as they are 
afforded in the sending party's geographical jurisdiction or location; and (ii) receive the same 

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Chap. 188 

salary, including overtime, that they would be entitled to receive if they were operating in 
their own governmental unit. In the absence of an agreement to the contrary, the sending 
party shall be responsible for all such salary expenses, including overtime. 

(h)(1) While in transit to, returning from and providing mutual aid assistance under 
the agreement, employees of a sending party shall have the same rights of defense, immunity 
and indemnification that they otherwise would have under the law if they were acting within 
the scope of their employment under the direction of their employer. A sending party shall 
provide to, and maintain for, each of its employees who provide mutual aid assistance under 
the agreement the same indemnification, defense, right to immunity, employee benefits, 
death benefits, workers' compensation or similar protection and insurance coverage that 
would be provided to those employees if they were performing similar services in the 
sending party's jurisdiction. 

(2) Each party to the agreement shall waive all claims and causes of action against 
each other party to the agreement that may arise out of their activities while rendering or 
receiving mutual aid assistance under the agreement, including travel outside of its 
jurisdiction. 

(3) Each requesting party shall defend, indemnify and hold harmless each sending 
party from all claims by third parties for property damage or personal injury which may arise 
out of the activities of the sending party or its employees, including travel, while providing 
mutual aid assistance under the agreement. 

(i) This section shall not affect, supersede or invalidate any other statutory or 
contractual mutual aid or assistance agreements involving parties to the agreement including, 
but not limited to, those established pursuant to section 4A or 8G. A party may enter into 
supplementary mutual aid agreements with other parties or jurisdictions. 

Section 4K. (a) As used in this section, the following words shall, unless the context 
clearly requires otherwise, have the following meanings:- 

"Advisory committee", the statewide public works municipal mutual aid advisory 
committee established in subsection (d). 

"Agreement", the statewide public works municipal mutual aid agreement established 
in subsection (b). 

"Employee", a person employed full-time or part-time by a governmental unit, a 
volunteer officially operating under a governmental unit, or a person contractually providing 
services to a governmental unit. 

"Governmental unit", a city, town, county or district, however constituted, or water 
or sewer commission established under the provisions of chapter 40N or any other general 
or special law. 

"Mutual aid assistance", cross-jurisdictional provision of services, materials or 
facilities from 1 party to another when existing resources are, or may be, inadequate. 

"Party", a governmental unit that has joined the agreement. 

"Public works incident", a foreseeable or unforeseeable event, emergency or natural 
or manmade disaster that affects or threatens to affect the public works operations of a 
governmental unit. 

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Chap. 188 

"Requesting party", a party that requests aid or assistance from another party pursuant 
to the agreement. 

"Sending party", a party that renders aid or assistance to another party under the 
agreement. 

(b) There shall be a statewide public works municipal mutual aid agreement to 
facilitate the provision of public works resources across jurisdictional lines in the case of a 
public works incident that requires mutual aid assistance from 1 or more municipalities. The 
mutual aid assistance to be provided under the agreement shall include, but not be limited 
to, services related to public works, personnel, equipment, supplies and facilities to prepare 
for, prevent, mitigate, respond to and recover from public works incidents. 

(c) (1) If a city or town wishes to join the agreement, the mayor in the case of a city, 
the city manager in the case of a Plan D or Plan E city, or the town manager, town 
administrator or chair of the board of selectmen upon approval by a majority vote of the 
board of selectmen, may act on behalf of the city or town to join the agreement by notifying 
the advisory committee in writing. The municipality shall be a party to the agreement 30 
days after receipt by the advisory committee of the written notification. 

If a city or town has joined the agreement but wishes to opt out of the agreement, the 
mayor in the case of a city, the city manager in the case of a Plan D or Plan E city, or the 
town manager, town administrator or chair of the board of selectmen upon approval by a 
majority vote of the board of selectmen in the case of a town, may act on behalf of the city 
or town to opt out of the agreement by notifying the advisory committee in writing. The 
removal of the municipality from the agreement shall take effect 1 days after receipt by the 
advisory committee of the written notification. 

(2) If a governmental unit that is not a city or town wishes to join the agreement, the 
chief executive officer of the governmental unit may act on its behalf to join the agreement 
by notifying the advisory committee in writing. The governmental unit shall be a party to 
the agreement 30 days after receipt by the advisory committee of the written notification. 

If a governmental unit that is not a city or town has joined the agreement but wishes 
to opt out of the agreement, the chief executive officer of the governmental unit may act on 
its behalf to opt out of the agreement by notifying the advisory committee in writing. The 
removal of the governmental unit that is not a city or town from the agreement shall take 
effect 10 days after receipt by the advisory committee of the written notification. 

(3) If a governmental unit in a state contiguous to the commonwealth wishes to join 
the agreement, the governmental unit may join the agreement by notifying the advisory 
committee in writing. The governmental unit shall be a party to the agreement 30 days after 
receipt by the advisory committee of the written notification. 

If a governmental unit in a state contiguous to the commonwealth has joined the 
agreement but wishes to opt out of the agreement, the governmental unit may opt out of the 
agreement by notifying the advisory committee in writing. The removal of the governmental 
unit from the agreement shall take effect 1 days after receipt by the advisory committee of 
the written notification. 



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Chap. 188 

(d) There shall be a statewide public works municipal mutual aid advisory committee 
to consist of the secretary of public safety and security or his designee, who shall serve as 
chair of the committee; and 1 member appointed by the secretary of public safety and 
security from each of the following: the Massachusetts Highway Association; the New 
England Chapter of the American Public Works Association, who shall be a resident of the 
commonwealth; the New England Water Environment Association, who shall be a resident 
of the commonwealth; the Massachusetts Tree Wardens' and Foresters' Association; the 
Massachusetts Water Works Association; and the Massachusetts Municipal Association. 

The advisory committee shall develop procedural plans, protocols and programs for 
intrastate and interstate cooperation to be used by public works agencies in response to a 
public works incident. The advisory committee shall be responsible for the administration 
and coordination of the statewide mutual aid agreement. The advisory committee shall 
develop and make available to parties forms to facilitate requests for aid, including a form 
to track the movement of public works equipment and personnel. 

(e) Each party shall identify not more than 3 points of contact to serve as the primary 
liaison for all issues relating to the agreement. 

(f)( 1 ) A request by a party to receive mutual aid assistance shall be made, either orally 
or in writing, by the chief executive officer of the requesting party or by 1 of its designated 
points of contact and shall be communicated to the chief executive officer or 1 its designated 
points of contact from the sending party; provided, however, that if the request is 
communicated orally, the requesting party shall reduce the request to writing and deliver it 
to the sending party at the earliest possible date, but not later than 72 hours after making the 
oral request. (2) A requesting party may request the assistance of 1 or more parties to assist 
with or manage a public works incident, including recovery-related exercises, testing or 
training. 

(2) An oral or written request for mutual aid assistance under the agreement shall 
include the following information: 

(i) a description of the public works incident response and recovery functions for 
which assistance is needed; 

(ii) the nature, type and amount of public works services, personnel, equipment, 
materials, supplies or other resources being requested; 

(iii) the manner in which the resources shall be used and deployed; 

(iv) a reasonable estimate of the length of time for which the resources shall be 
needed; 

(v) the location to which the resources shall be deployed; and 

(vi) the requesting party's point of contact. 

(3) A party that receives a request for mutual aid assistance shall provide and make 
available, to the extent reasonable and practicable under the circumstances, the resources 
requested by the requesting party; provided, however, that a sending party may withhold 
requested resources to the extent necessary to provide reasonable protection and coverage 
for its own jurisdiction. 



834 



Chap. 188 

(g) The requesting party shall be responsible for the overall operation, assignment and 
deployment of resources, equipment and personnel provided by a sending party. The sending 
party shall retain direct supervision, command and control of personnel, equipment and 
resources provided by the sending party unless otherwise agreed to by the requesting party 
and the sending party. During the course of rendering mutual aid assistance under the 
agreement, the sending party shall be responsible for the operation of its equipment and for 
any damage thereto unless the sending party and the requesting party agree otherwise. 

(h)(1) All expenses incurred by the sending party in rendering mutual aid assistance 
pursuant to the agreement shall be paid by the sending party; provided, however, that a 
requesting party and a sending party may enter into supplementary agreements for 
reimbursement of costs associated with providing mutual aid assistance incurred by a sending 
party. 

(2) A sending party shall document its costs of providing mutual aid assistance under 
the agreement, including direct and indirect payroll and employee benefit costs, travel costs, 
repair costs and the costs of materials and supplies. A sending party shall also document the 
use of its equipment and the quantities of materials and supplies used while providing mutual 
aid assistance under the agreement. 

(3) Except as otherwise agreed to by the parties, the requesting party shall seek 
reimbursement under any applicable federal and state disaster assistance programs for the 
costs of responding to the public works incident. The requesting party and each sending 
party shall receive, based on the documented costs of providing mutual aid assistance, its pro 
rata share of the disaster assistance reimbursement provided to the requesting party. 

(4) While providing mutual aid assistance under the agreement, employees of a 
sending party shall: (i) be afforded the same powers, duties, rights and privileges as they are 
afforded in the sending party's geographical jurisdiction or location; (ii) be considered 
similarly licensed, certified or permitted in the requesting party ' s jurisdiction if the employee 
holds a valid license, certificate or permit issued by the employee's governmental unit; and 
(iii) receive the same salary, including overtime, that they would be entitled to receive if they 
were operating in their own governmental unit. In the absence of an agreement to the 
contrary, the sending party shall be responsible for all such salary expenses, including 
overtime. 

(j)(l) While in transit to, returning from and providing mutual aid assistance under 
the agreement, employees of a sending party shall have the same rights of defense, immunity 
and indemnification that they otherwise would have under the law if they were acting within 
the scope of their employment under the direction of their employer. A sending party shall 
provide to, and maintain for, each of its employees who provide mutual aid assistance under 
the agreement the same indemnification, defense, right to immunity, employee benefits, 
death benefits, workers' compensation or similar protection and insurance coverage that 
would be provided to those employees if they were performing similar services in the 
sending party's jurisdiction. 



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Chap. 188 

(2) Each party to the agreement shall waive all claims and causes of action against 
all other parties that may arise out of their activities while rendering or receiving mutual aid 
assistance under the agreement, including travel outside of its jurisdiction. 

(3) Each requesting party shall defend, indemnify and hold harmless each sending 
party from all claims by third parties for property damage or personal injury which may arise 
out of the activities of the sending party or its employees, including travel, whjle providing 
mutual aid assistance under the agreement. 

(4) All equipment requested and deployed pursuant to the statewide municipal mutual 
assistance agreement shall be insured by the sending party. 

(k) This section shall not affect, supersede or invalidate any other statutory or 
contractual mutual aid or assistance agreements involving parties to the agreement including, 
but not limited to, those established pursuant to section 4A. A party may enter into 
supplementary mutual aid agreements with other parties or jurisdictions. 

SECTION 25. Section 56 of said chapter 40, as appearing in the 2008 Official 
Edition, is hereby amended by adding the following paragraph :- 

Notwithstanding the first paragraph, the commissioner may, from time to time, issue 
a revised schedule for the year in which the commissioner shall certify whether the board of 
assessors is assessing property at full and fair cash valuation. After the schedule is issued, 
a city or town may classify in the manner set forth in this section for any year before the next 
year of certification established in the schedule for the city or town. In arranging the 
schedule, the commissioner shall, so far as is practicable and appropriate, consider at least 
the following goals: balancing the number of certification reviews conducted in each year of 
the triennial period; facilitating and implementing joint or cooperative assessing agreements 
or districts; assisting the boards of assessors to comply with minimum standards of 
assessment performance established under section 1 of chapter 5 8 ; and producing uniformity 
in the valuation, classification and assessment of property within each city or town and 
throughout the commonwealth. 

SECTION 26. Chapter 41 of the General Laws is hereby amended by striking out 
section 30B, as so appearing, and inserting in place thereof the following section:- 

Section 3 OB. (a) Notwithstanding any general or special law or municipal charter, 
vote, by-law or ordinance, 2 or more cities and towns, by vote of their legislative bodies, may 
enter into an agreement, for a term not to exceed 25 years, for joint or cooperative assessing, 
classification and valuation of property. The agreement shall provide for: 

(1) the division, merger or consolidation of administrative functions between or 
among the parties or the performances thereof by 1 city or town on behalf of all the parties; 

(2) the financing of the joint or cooperative undertaking; 

(3) the rights and responsibilities of the parties with respect to the direction and 
supervision of the work to be performed and with respect to the administration of the 
assessing office, including the receipt and disbursement of funds, the maintenance of 
accounts and records and the auditing of accounts; 



836 



Chap. 188 

(4) annual reports of the assessor to the constituent parties; 

(5) the duration of the agreement and procedures for amendment, withdrawal or 
termination thereof; and 

(6) any other necessary or appropriate matter. 

(b) An agreement under this section may also provide for the formation of a single 
assessing department for the purpose of employing assistant assessors and necessary staff and 
for performing all administrative functions. An agreement may also vest in 1 person, the 
board of assessors of 1 of the parties or a regional board of assessors comprised of at least 
1 representative from each of the parties and selected in the manner set forth in the agreement 
all of the powers and duties of the boards of assessors and assessing departments of the 
parties. In that case, the existing boards of assessors of the other parties, or of all the parties 
if their assessors' powers and duties are vested in 1 person, shall terminate in accordance 
with section 2 for the duration of the agreement. Unless the agreement provides for the 
board of assessors of 1 of the parties to serve as the assessors for all of the parties, or for 1 
city or town to act on behalf of all parties, the agreement shall designate an appointing 
authority representing all of the parties. That appointing authority shall be responsible for 
the appointment of an assessor, assistant assessors, and other staff, and in the case of 
withdrawal or termination of the agreement, shall determine the employment of any 
employee of 1 of the parties that became part of a single assessing department. Subject to 
the rules and regulations established by the commissioner of revenue pursuant to section 1 
of chapter 58, the agreement shall provide for qualifications, terms and conditions of 
employment for the assessor and employees of the assessor's office. The agreement may 
provide for inclusion of the assessor and the assessor's employees in insurance, retirement 
programs and other benefit programs of 1 of the constituent parties, but all parties to the 
agreement shall be pay a proportionate share of the current and future costs of benefits 
associated with the appointment or employment of all persons performing services for them 
during the duration of the agreement. A city or town party to such an agreement shall include 
employees under the joint assessing agreement in such programs in accordance with the 
terms of the agreement. 

(c) A city or town may become a party to an existing agreement with the approval of 
the other parties. 

(d) No agreement or amendment to an agreement for joint or cooperative assessing 
made pursuant to this section shall take effect until it has been approved in writing by the 
commissioner of revenue. 

SECTION 27. Section 7 of chapter 44 of the General Laws, as so appearing, is 
hereby amended by inserting after the word "specified", in line 3, the following words:- or, 
except for clauses (3C), (1 1), (16), (18), (19), (21) and (22), within such longer period not 
to exceed 30 years based upon the maximum useful life of the public work, improvement or 
asset being financed, as determined in accordance with guidelines established by the division 
of local services within the department of revenue. 



837 



Chap. 188 

SECTION 28. The first paragraph of said section 7 of said chapter 44, as so 
appearing, is hereby amended by inserting after clause (3B) the following clause:- 

(3C) For a revolving loan fund established under section 53E 3 A to assist in the 
development of renewable energy and energy conservation projects on privately -held 
buildings, property or facilities within the city or town, 20 years. 

SECTION 29. Said first paragraph of said section 7 of said chapter 44, as so 
appearing, is hereby further amended by striking out clause (9) and inserting in place thereof 
the following clause :- 

(9) For the cost of equipment, 5 years. 

SECTION 30. Said first paragraph of said section 7 of said chapter 44, as so 
appearing, is hereby further amended by inserting after clause (17) the following clause:- 

(17A) For dredging of tidal and nontidal rivers and streams, harbors, channels and 
tidewaters, 10 years. 

SECTION 31. Said first paragraph of said section 7 of said chapter 44, as so 
appearing, is hereby further amended by adding following 3 clauses :- 

(32) For the cost of cleaning up or preventing pollution caused by existing or closed 
municipal facilities not referenced in clause (21) of section 8, including cleanup or 
prevention activities taken pursuant to chapter 21E or chapter 21H, 10 years; provided, 
however, that no indebtedness shall be incurred hereunder until plans relating to the project 
shall have been submitted to and approved by the department of environmental protection. 

(33) For the construction or reconstruction of seawalls, riprap, revetments, 
breakwaters, bulkheads, jetties and groins, stairways, ramps and other related structures, 20 
years. 

(34) For any other public work, improvement or asset not specified in this section, 
with a maximum useful life of at least 5 years, determined as provided in this paragraph, 5 
years. 

SECTION 32. Section 8 of said chapter 44, as so appearing, is hereby amended by 
inserting after the word "specified", in line 3, the following words:- or except with respect 
to clauses (1), (2), (3 A), (5), (6), (7), (9) and (19), within such longer period not to exceed 
30 years based upon the maximum useful life of the public work, improvement or asset being 
financed, as determined in accordance with guidelines established by the division of local 
services within the department of revenue. 

SECTION 33. Said section 8 of said chapter 44, as so appearing, is hereby further 
amended by striking out, in lines 77 and 78, the words "a board composed of the attorney 
general, the state treasurer and the director" and inserting in place thereof the following 
words: - the municipal finance oversight board. 

SECTION 34. Said chapter 44 is hereby further amended by striking out section 1 9, 
as so appearing, and inserting in place thereof the following section:- 

Section 1 9. Cities, towns and districts shall not issue any notes payable on demand, 
but shall provide for the payment of all debts, except temporary loans incurred under sections 



838 



Chap. 188 

4, 6, 6A, 8C, and 17 or under section 3 of chapter 74 of the acts of 1945, by annual payments 
that will extinguish the same at maturity, and so that the first of these annual payments on 
account of any serial loan shall be made not later than the end of the next complete fiscal 
year commencing after the date of the bonds or notes issued for the serial loan, and shall be 
arranged so that for each issue the amounts payable in the several years for principal and 
interest combined shall be as nearly equal as practicable in the opinion of the officers 
authorized to issue the bonds or notes or, in the alternative, in accordance with a schedule 
providing a more rapid amortization of principal; and these annual amounts, together with 
the interest on all debts, shall, without further vote, be assessed until the debt is extinguished. 

SECTION 35. Section 26 of said chapter 44 is hereby repealed. 

SECTION 36. Said chapter 44 is hereby further amended by inserting after section 
53EV2 the following section:- 

Section 53E%. (a) Notwithstanding section 53 to the contrary, a city or town may 
establish an Energy Revolving Loan Fund to provide loans to owners of privately-held real 
property in the city or town for energy conservation and renewable energy projects on their 
properties so as to prioritize energy efficiency as the first step toward reducing greenhouse 
gas emissions associated with buildings. 

(b) The fund shall be established by ordinance or by-law. Before adoption of the 
ordinance or by-law, the board of selectmen, town council or the city council, as the case 
may be, shall conduct a public hearing on the question of its adoption. The ordinance or 
by-law shall designate an administrator for the fund and may provide for rules, regulations 
and procedures for administration of the fund and eligibility for loans the city or town 
considers necessary or proper to carry out this section. The administrator may consult with 
the division of green communities established in section 10 of chapter 25 A in developing 
such regulations, rules and procedures for administration of the fund. The fund administrator 
may be a board, department or officer, or may consist of 1 or more members from 1 or more 
boards, departments or officers, of the city or town. A city or town which is a member of a 
regional planning commission may enter into a cooperative agreement with that commission 
to perform as administrator for the fund. A regional governmental entity or county, if the 
county may incur debt under chapter 35 or any other general or special law extending a 
county's debt limit, may establish a fund subject to this section and may appoint a person to 
be the administrator of the fund. 

(c) As authorized by section 4A of chapter 40, 2 or more municipalities may, in a city 
by vote of the city council, or, in a town by vote of the board of selectmen, enter into an 
agreement to jointly establish and administer a common fund. 

(d) The fund administrator shall have the following powers and duties: 

(1) to make loans to owners of real property to finance or refinance the costs of 
energy conservation and renewable energy projects on their properties; provided, however, 
that no loan shall be made unless an energy audit of the property has been conducted on or 
after July 2, 2008, and any energy conservation measures established by the fund 
administrator for participation in the program have been implemented; 



839 



Chap. 188 

(2) to execute and deliver on behalf of the city or town all loan agreements and other 
instruments necessary or proper to make the loan and secure its repayment; 

(3) to record the notice of the agreement required by subsection (f) and any other loan 
instruments; 

(4) to apply for and accept grants or gifts for purposes of the fund; and 

(5) to exercise any other powers or perform any other duties that the city or town may 
grant by ordinance or by-law to carry out this section. 

(e) The city or town treasurer shall be the custodian of the fund, which shall be 
maintained as a separate account and into which shall be deposited: 

(1) all monies appropriated and all proceeds from bonds issued under clause (3C) of 
the first paragraph of section 7 for purpose of providing loans to private property owners for 
energy conservation and renewable energy projects; 

(2) all funds received from the commonwealth or any other source for those purposes; 

(3) all repayments of the loans made by property owners under this section and any 
reserve or other required payments made by the owners in connection with the loans; and 

(4) any other amounts required to be credited to the fund by any law. 

The city or town treasurer may invest the monies in the manner authorized in section 
55 and any interest earned thereon shall be credited to and become part of the fund. 

The city or town treasurer shall annually certify, not later than June 30, in writing to 
the fund administrator and auditor or similar officer in cities or the town accountant in towns 
having a town accountant, the principal and interest due in the next fiscal year on any bonds 
issued under clause (3C) of the first paragraph of section 7 and not otherwise provided for, 
and the amount certified shall be reserved for payment of that debt service without further 
appropriation. Loans may be made from the fund by the fund administrator without further 
appropriation, subject to this section; provided, however, that no loans shall be made or 
liabilities incurred in excess of the unreserved fund balance and unless approved in 
accordance with sections 52 and 56 of chapter 41. 

(f) Whenever a city or town enters into a loan agreement with a property owner under 
this section, a notice of the agreement shall be recorded as a betterment and shall be subject 
to chapter 80 relative to the apportionment, division, reassessment and collection of 
assessment, abatement and collections of assessments, and to interest; provided, however, 
that for purposes of this section, the lien shall take effect by operation of law on the day 
immediately following the due date of the assessment or apportioned part of the assessment 
and the assessment may bear interest at a rate determined by the city or town treasurer by 
agreement with the owner at the time the agreement is entered into between the city or town 
and the property owner. In addition to remedies available under said chapter 80, the property 
owner shall be personally liable for the repayment of the total costs incurred by the city or 
town under this section; provided, however, that upon assumption of the personal obligation 
by a purchaser or other transferee of all of the original owner's interest in the property at the 
time of conveyance and the recording of the assumption, the owner shall be relieved of the 
personal liability. 



840 



Chap. 188 

A betterment loan agreement between an owner and a city or town under this section 
shall not be considered a breach of limitation or prohibition contained in a note, mortgage 
or contract on the transfer of an interest in property. 

Notwithstanding any provision of chapter 183 A to the contrary, the organization of 
unit owners of a condominium may enter into a betterment loan agreement under this section 
to finance an energy conservation and renewable energy project, provided that the project 
comprises part of the common areas and facilities; provided, however, that section 1 8 of said 
chapter 183 A shall not apply to any improvements undertaken pursuant to an agreement 
entered into under this section. Such agreement shall: (i) be approved by a majority of the 
unit owners benefited by the project; (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, the certification shall be conclusive evidence of the authority 
of the organization of unit owners to enter into the agreement. A notice of the agreement 
shall be recorded as a betterment in the registry of deeds or registry district of the land court 
wherein the master deed is recorded and shall be otherwise subject to chapter 80 as provided 
in this section. The assessment under the agreement shall be charged or assessed directly to 
the benefited unit owners and if unpaid shall be added to the annual tax bill for their units 
in accordance with section 13 of said chapter 80. 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 project and the owners of those units shall also be personally liable for their 
allocable share of the assessment as provided for in this section. For the purposes of this 
paragraph, the terms "common areas and facilities", "common expenses", "condominium", 
"master deed", "organization of unit owners", "units" and "unit owners" shall have the same 
meanings as ascribed to them in section 1 of said chapter 183 A. 

(g) The fund administrator shall file annually, not later than June 30, a report 
detailing the amount of money in the fund, loans made and repayments received, and shall 
also include the types of projects financed. The report shall be filed with the chief executive 
officer of the city or town, the executive office of administration and finance, the joint 
committee on municipalities and regional government, the senate and house committees on 
ways and means and the clerks of the senate and the house of representatives. 

SECTION 37. Chapter 53 of the General Laws is hereby amended by inserting after 
section 1 8 A the following section:- 

Section 1 8B. (a) As used in this section "governing body" shall mean, in a city, the 
city council or board of aldermen acting with the approval of the mayor subject to the charter 
of the city, in a town having a town council, the town council, in every other town, the board 
of selectmen and in a district as provided in sections 1 1 3 to 1 1 9, inclusive, of chapter 41 , the 
prudential committee, if any, otherwise the commissioners of the district. 



841 



Chap. 188 

(b) The governing body of a city, town or district which accepts this section in the 
manner provided in section 4 of chapter 4 shall print information relating to each question 
that shall appear on the city, town or district ballot. The information shall include: (1) the 
full text of each question; (2) a fair and concise summary of each question, including a 1 
sentence statement describing the effect of a yes or no vote, which shall be prepared by the 
city solicitor, town counsel or counsel for the city, town or district; and (3) arguments for and 
against each question as provided in subsections (d) and (e). Not later than 7 days before an 
election at which the question shall be submitted to the voters in a city, town or district, the 
information in this subsection shall be sent to each household wherein a person whose name 
appears on the current voting list for the city, town or district resides. 

(c) Not later than the day following the date of the determination that a question shall 
appear on the ballot in an election, the governing body shall provide written notification to 
the city solicitor or town or district counsel and to the city or town clerk. 

(d) Not later than 7 days after the determination that a question shall appear on the 
ballot, the city solicitor or town or district counsel, as applicable, shall seek written 
arguments from the principal proponents and opponents of the question. For the purposes 
of this section, the principal proponents and opponents of a question shall be those persons 
determined by the solicitor or counsel to be best able to present the arguments for and against 
the question. The solicitor or counsel shall provide not less than 7 days' written notice to the 
opponents and proponents of the date on which the written arguments shall be received. 
Proponents and opponents shall submit their arguments, which shall be not more than 1 50 
words, to the solicitor or counsel, together with a copy thereof to the city or town clerk or, 
in a district, to the clerk of each city and town within the district. The arguments and 
summary shall be submitted by the solicitor or counsel to the governing body not more than 
20 days before the election for distribution to voters in accordance with subsection (b). A 
copy of the arguments and summary shall also be submitted by the solicitor or counsel to the 
city, town or district clerk. 

(e) In determining the principal proponents and opponents of a ballot question, the 
solicitor or counsel shall contact each ballot question committee, if any, as defined in section 
1 of chapter 55. The principal proponents or opponents of a ballot question may include 
officers of a ballot question committee or officers of a city, town or district office or 
committee including, but not limited to, a finance committee or a school committee. In 
addition, the principal proponents or opponents may include the first 1 signers or a majority 
of the first 10 signers of a petition initiating the placement of such question on the ballot. 
The solicitor or counsel shall determine, based on a review of arguments received, the person 
or group best able to present arguments for and against a question. If no argument is 
received by the solicitor or counsel within the time specified by the solicitor or counsel, the 
solicitor or counsel shall prepare an argument and submit the argument to the governing body 
and to the city or town clerk or, in a district, to the clerk of each city and town within the 
district within the time specified in subsection (d). 



842 



Chap. 188 

(f) All arguments filed or prepared pursuant to this section and the information 
prepared pursuant to subsection (b), shall be open to public inspection at the office of city 
or town clerk or, in a district, at the office of the clerk of each city and town within the 
district. In addition, each city or town clerk shall make such information available to the 
voters at all polling places within the city, town or district. 

SECTION 38. Section 8 of chapter 58 of the General Laws, as appearing in the 2008 
Official Edition, is hereby amended by striking out the second and third paragraphs and 
inserting in place thereof the following paragraph: - 

The commissioner shall make and from time to time revise, rules, regulations and 
guidelines necessary for establishing an expedited procedure for granting authority to abate 
taxes, assessments, rates, charges, costs or interest under this section in such cases as the 
commissioner determines are in the public interest and shall from time to time for such 
periods as the commissioner considers appropriate authorize the assessors or the board or 
officer assessing the tax, assessment, rate or charge to grant these abatements. No abatement 
authorized by these procedures shall be granted unless the assessors or board or officer shall 
certify, in writing, under pains and penalties of perjury that the procedures have been 
followed. The commissioner shall require yearly reports and audits of these abatements by 
assessors or boards or officers that the commissioner considers necessary to ensure that any 
authority granted under this paragraph has been properly exercised and shall withdraw this 
grant of authority to the particular assessors, board or officer upon his written determination 
that the authority has been improperly exercised. The commissioner may make and from 
time to time revise, reasonable rules, regulations and guidelines that he considers necessary 
to carry out this paragraph. 

SECTION 39. Section 5 of chapter 59 of the General Laws is hereby amended by 
inserting after the word "annum", in line 452, as so appearing, the following words:- or such 
lesser rate as may be determined by the legislative body of the city or town, subject to its 
charter, not later than the beginning of the fiscal year to which the tax relates. 

SECTION 40. Said section 5 of said chapter 59 is hereby further amended by 
striking out in line 754, as so appearing, the words "and are incapable of working". 

SECTION 41. Said section 5 of said chapter 59 is hereby further amended by 
inserting after the word "years", in line 1267, as so appearing, the following words:- ; and 
(4) utilizing income limits on a household basis rather than on a single applicant basis for 
real estate tax exemptions. 

SECTION 42. Said section 5 of said chapter 59, as amended by section 66 of 
chapter 25 of the acts of 2009, is hereby further amended by adding the following 2 clauses :- 

Fifty-sixth. Upon the acceptance of this section by a city or town, the board of 
assessors may grant, real and personal property tax abatement up to 100 per cent of the total 
tax assessed to members of the Massachusetts National Guard and to reservists on active 
duty in foreign countries for the fiscal year they performed such service subject to eligibility 
criteria to be established by the board of assessors. 



843 



Chap. 188 

The authority to grant abatements under this section shall expire after 2 years of 
acceptance unless extended by a vote of the city or town. 

Fifty-seventh. Upon the acceptance of this section by a city or town, the board of 
assessors may appropriate monies for and grant property tax rebates in an amount not to 
exceed annually the amount of the income tax credit set forth under subsection (k) of section 
6 of chapter 62. 

SECTION 43. Section 5K of said chapter 59, as amended by section'24 of chapter 
27 of the acts of 2009, is hereby further amended by adding the following paragraph:- 

A city or town, by vote of its legislative body, subject to its charter, may adjust the 
exemption in this clause by: (1) allowing an approved representative, for persons physically 
unable, to provide such services to the city or town; or (2) allowing the maximum reduction 
of the real property tax bill to be based on 125 volunteer service hours in a given tax year, 
rather than $1,000. 

SECTION 44. Section 29 of said chapter 59, as appearing in the 2008 Official 
Edition, is hereby amended by striking out, in line 20, the words "thirty days after the mailing 
of the tax bills" and inserting in place thereof the following words:- the last day for filing an 
application for abatement of the tax. 

SECTION 45. Said chapter 59 is hereby further amended by inserting after section 
3 1 the following section:- 

Section 3 1 A. For the purpose of verifying that a person required to file a true list of 
taxable personal property under section 29 has made a complete and accurate accounting of 
that property, the assessors may at any time within 3 years after the date the list was due, or 
within 3 years after the date the list was filed, whichever is later, examine the books, papers, 
records and other data of the person required to file the list. The assessors may compel 
production of books, papers, records and other data of the person through issuance of a 
summons served in the same manner as summonses for witnesses in criminal cases issued 
on behalf of the commonwealth, and all provisions of law relative to summonses in such 
cases shall, so far as applicable, apply to summonses issued under this section. A justice of 
the supreme judicial court or of the superior court may, upon the application of the assessors, 
compel the production of books, papers, records and other data in the same manner and to 
the same extent as before those courts. 

SECTION 46. Section 32 of said chapter 59, as appearing in the 2008 Official 
Edition, is hereby amended by striking out the first sentence and inserting in place thereof 
the following 2 sentences:- Lists filed under section 29 and books, papers, records and other 
data obtained under section 31 A shall be open to the inspection of the assessors, the 
commissioner, the deputies, clerks and assistants of either the assessors or the commissioner 
and any designated private auditor of the commissioner or the assessors as may have 
occasion to inspect the lists, books, papers, records and other data in the performance of their 
official, contractual or designated duties, but so much of the lists, books, papers, records and 
other data as shows the details of the personal estate shall not be open to any other person 



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except by order of a court. For purposes of this section, a "designated private auditor" shall 
be an individual, corporation or other legal entity selected by the commissioner or a city or 
town to value personal property or perform an audit which includes the assessing department 
of a city or town under any legal authority, including the examination of records under said 
section 31 A, an audit under sections 40 or 42 A of chapter 44 or an investigation under 
section 46A of said chapter 44 but only if the individual, corporation or other legal entity 
shall be compensated for the audit work pursuant to an arrangement under which neither the 
payment nor the amount of their fees and expenses for the work are contingent on either the 
results of the audit or whether the results withstand any appeal by a taxpayer. 

SECTION 47. The second paragraph of section 38D of said chapter 59, as so 
appearing, is hereby amended by striking out the first sentence and inserting in place thereof 
the following 2 sentences:- Failure of an owner or lessee of real property to comply with such 
request within 60 days after it has been made by the board of assessors shall be automatic 
grounds for dismissal of a filing at the appellate tax board. The appellate tax board and the 
county commissioners shall not grant extensions for the purposes of extending the filing 
requirements unless the applicant was unable to comply with such request for reasons beyond 
his control or unless he attempted to comply in good faith. 

SECTION 48. Said section 38D of said chapter 59, as so appearing, is hereby 
further amended by striking out the third paragraph and inserting in place thereof the 
following 2 paragraphs :- 

If an owner or lessee of Class one, residential property fails to submit the information 
within the time and in the form prescribed, the owner shall be assessed an additional penalty 
for the next ensuing tax year in the amount of $50 but only if the board of assessors informed 
the owner or lessee that failure to submit such information would result in the penalty. 

If an owner or lessee of Class three, commercial or Class four, industrial property 
fails to submit the information within the time and in the form prescribed, the owner or 
lessee shall be assessed an additional penalty for the next ensuing tax year in the amount of 
$250 but only if the board of assessors informed the owner or lessee that failure to so submit 
such information would result in the penalty. 

SECTION 49. Said chapter 59 is hereby further amended by inserting after section 
42 the following section:- 

Section 42A. For the purpose of verifying that an owner of a pipeline or a telephone 
or telegraph company required to make a return under section 38 A or section 41 has made 
a complete and accurate accounting of the property required to be returned, the commissioner 
shall have all the powers and remedies provided by said section 31 A to assessors of cities 
and towns. If the commissioner reasonably believes, as a result of an examination of the 
books, papers, records and other data or otherwise, that taxable personal property for a fiscal 
year was not valued or was incorrectly valued, the commissioner may, not later than 3 years 
and 6 months after the date the return was due or 3 years and 6 months after the date the 
return was filed, whichever is later, certify an amended valuation to the owner of the pipeline 



845 



Chap. 188 

or telephone or telegraph company and to the boards of assessors of the cities and towns 
wherein the property was subject to taxation for that year. Not later than 2 months after the 
date of the amended certification, the assessors shall assess and commit to the collector with 
their warrant for collection an additional tax to the owner of the pipeline or telephone or 
telegraph company. An owner or company aggrieved by the assessment of the additional tax 
may, within 1 month after the bill or notice of the additional assessment is first sent, appeal 
the valuation to the appellate tax board. The appeal shall name as appellees the 
commissioner and the board of assessors. Except as otherwise provided in this section, the 
hearing and appeal before the appellate tax board shall proceed in the same manner as an 
appeal of the valuations originally certified by the commissioner. 

SECTION 50. Section 61 of said chapter 59, as appearing in the 2008 Official 
Edition, is hereby amended by striking out, in line 4, the word "twenty-nine", and inserting 
in place thereof the following words:- 29 and complied with any requests by the assessors 
to examine books, papers, records and other data under section 31 A. 

SECTION 51. Said section 61 of said chapter 59, as so appearing, is hereby further 
amended by striking out, in line 6, the word "twenty-nine", and inserting in place thereof the 
following words:- 29 or the person has not complied with any requests by the assessors to 
examine books, papers, records and other data under said section 3 1 A. 

SECTION 52. Section 75 of said chapter 59, as so appearing, is hereby amended by 
striking the first sentence and inserting in place thereof the following 3 sentences:- If a parcel 
of real property or the personal property of a person has been unintentionally omitted from 
the annual assessment of taxes due to a clerical or data processing error or some other good 
faith reason or, if the personal property of a person was omitted from the annual assessment 
of taxes but discovered upon an examination of the books, papers, records and other data 
under section 31 A, the assessors shall, in accordance with any rules, regulations and 
guidelines as the commissioner may prescribe, assess such person for such property. Except 
for personal property found after an examination under said section 3 1 A which shall be made 
not later than 3 years and 6 months after the date the true list in which such property should 
have been returned was due or not later than 3 years and 6 months after the date the return 
was filed, whichever is later, no such assessment shall be made later than June 20 of the 
taxable year or 90 days after the date on which the tax bills were mailed, whichever is later. 
The assessors shall annually, not later than June 30 of the taxable year or 100 days after the 
date on which the tax bills were mailed if mailed after March 22, return to the commissioner 
a statement showing the amounts of additional taxes so assessed. 

SECTION 53. Section 76 of said chapter 59, as so appearing, is hereby amended by 
inserting after the word "reason", in line 3, the following words:- or due to discovery upon 
an examination of the books, papers, records and other data under section 31 A that the 
property was not accurately or properly reported. 

SECTION 54. Chapter 60 of the General Laws is hereby amended by striking out 
section 3 A, as so appearing, and inserting in place thereof the following section:- 



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Section 3 A. (a) Each bill or notice shall be in a form approved by the commissioner 
and shall summarize the deadlines under section 59 of chapter 59 for applying for abatements 
and exemptions. Each bill or notice shall also have printed on it the last date for the assessed 
owner to apply for abatement and for exemptions under clauses other than those specifically 
listed in said section 59 of said chapter 59. Except in the case of a bill or notice for 
reassessed taxes under section 77 of said chapter 59, each bill shall also have printed on it 
the last date on which payment can be made without interest being due. If a bill or notice 
contains an erroneous payment or abatement application date that is later than the date 
established under said chapter 59, the date printed on the bill or notice shall be the deadline 
for payment or for applying for abatement or exemption, but if the error in the date is the 
wrong year, the due date shall be the day and month as printed on the bill but for the current 
year. The commissioner may require, with respect to a city or town, that the tax bill or notice 
include such information as the commissioner may determine to be necessary to notify 
taxpayers of changes in the assessed valuation of the property. Each bill or notice for real 
or personal property tax shall have printed thereon in a conspicuous place the tax rate for 
each class within the town, as determined by the assessors. In addition, each bill or notice 
for a tax upon real property shall identify each parcel separately assessed by street and 
number or, if no street number has been assigned, by lot number, name of property or 
otherwise, shall describe the land, buildings and other things erected on or affixed to the 
property and shall state for each such parcel the assessed full and fair cash valuation, the 
classification, the residential or commercial exemption, if applicable, the total taxable 
valuation and the tax due and payable on such property. If the assessors have granted the 
owner an exemption under any clause specifically listed in said section 59 of said chapter 59, 
the bill or notice of such owner may also show the exemption and the tax, as exempted, that 
is due and payable on such property. 

(b) The collector may issue the bill or notice required by section 3 in electronic form, 
provided that the electronic bill or notice meets the standards set forth in subsection (a). An 
electronic bill or notice issued shall be under voluntary programs established by the collector, 
with the approval of the board of selectmen or mayor, as the case may be. No political 
subdivision shall require a taxpayer to take part in an electronic billing system or program. 

(c) The collector may include in the envelope or electronic message in which a 
property tax bill is sent those bills or notices for rates, fees and charges assessed by the city 
or town for water or sewer use, solid waste disposal or collection or electric, gas or other 
utility services as may be authorized by ordinance or by-law; provided, however, that the 
bills or notices shall be separate and distinct from the property tax bills. The ordinance or 
by-law may authorize the collector, upon vote of any municipal water and sewer commission 
established by the city or town under chapter 40N or by special act, to include bills or notices 
for rates, fees or charges assessed by the commission for water or sewer use. 

(d) The collector may, with the approval of the board of selectmen or mayor, as the 
case may be, include in the envelope or electronic message in which a property tax bill is sent 
nonpolitical municipal informational material; provided, however, that if such nonpolitical 



847 



Chap. 188 

municipal informational material is mailed, it shall not be included if the material causes an 
increase in the postage required to mail the tax bill. 

SECTION 55. Section 2 of chapter 60A of the General Laws, as so appearing, is 
hereby amended by inserting after the word "section", in line 42, the following words:- and 
the due date shall be clearly indicated on the tax notice. 

SECTION 56. Section 6 of chapter 70B of the General Laws is hereby amended by 
inserting after the word "dates", in line 66, as so appearing, the following words:- or up to 
30 years if consistent with the guidelines established in section 7 of chapter 44. 

SECTION 57. Clause (d) of section 16 of chapter 71 of the General Laws, as so 
appearing, is hereby amended by striking out the first paragraph and inserting in place thereof 
the following paragraph: - 

To incur debt for the purpose of acquiring land and constructing, reconstructing, 
adding to and equipping a school building or for the purpose of remodeling and making 
extraordinary repairs to a school building and for the construction of sewerage systems and 
sewerage treatment and disposal facilities, or for the purchase or use of such systems with 
municipalities, and for the purpose of purchasing department equipment; or for the purpose 
of constructing, reconstructing or making improvements to outdoor playground, athletic or 
recreational facilities; or for the purpose of constructing, reconstructing or resurfacing 
roadways and parking lots; or for the purpose of any other public work or improvement of 
a permanent nature required by the district; or for the purpose of any planning, architectural 
or engineering costs relating to any of the above purposes; provided, however, that written 
notice of the amount of the debt and of the general purposes for which it was authorized shall 
be given to the board of selectmen in each of the towns comprising the district not later than 
7 days after the date on which the debt was authorized by the district committee; provided 
further, that no debt may be incurred until the expiration of 60 days after the date on which 
the debt was authorized; and provided further, that before the expiration of this period any 
member town of the regional school district may hold a town meeting for the purpose of 
expressing disapproval of the amount of debt authorized by the district committee, and if at 
that meeting a majority of the voters present and voting express disapproval of the amount 
authorized by the district committee, the debt shall not be incurred and the district school 
committee shall prepare another proposal which may be the same as any prior proposal and 
an authorization to incur debt therefor. Debt incurred under this section shall be payable 
within 30 years, but no such debt shall be issued for a period longer than the maximum 
useful life of the project being financed as determined in accordance with guidelines 
established by the division of local services of the department of revenue. 

SECTION 58. Section 1 6G 1 / 2 of said chapter 7 1 , as so appearing, is hereby amended 
by striking out the third paragraph and inserting in place thereof the following paragraph:- 

The stabilization fund may be appropriated by vote of two-thirds of all of the 
members of the regional district school committee for any purpose for which regional school 
districts may borrow money or for such other district purpose as the director of accounts may 
approve. 



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Chap. 188 

SECTION 59. Section 37 of said chapter 71 , as so appearing, is hereby amended by 
adding the following sentence:- The school committee in each city, town and regional school 
district may select a superintendent jointly with other school committees and the 
superintendent shall serve as the superintendent of all of the districts that selected him. 

SECTION 60. Section 8 of chapter 71B of the General Laws, as so appearing, is 
hereby amended by adding the following paragraph:- 

A school committee may adopt a program to reimburse parents who voluntarily 
choose to transport their disabled child to a school approved by the department that is located 
outside of the city or town of residence of the parent or guardian. The reimbursement 
program may utilize rates in excess of the standard state mileage reimbursement amounts and 
may be based on a mileage, daily or weekly rate. Committees choosing to utilize this option 
shall be able to demonstrate that parental reimbursements represent a cost savings compared 
to other modes of available transportation. An eligible parent shall not be required to 
participate in the program. 

SECTION 61. Chapter 1 1 1 C of the General Laws is hereby amended by adding the 
following section :- 

Section 25. When a class I, II or V ambulance transports a patient receiving care at 
the paramedic level of advanced life support the ambulance shall be staffed in accordance 
with regulations promulgated by the department, with a minimum of 2 emergency medical 
technicians, only 1 of whom shall be certified at the EMT-Paramedic level; provided, 
however, that the service staffing a class I, II or V ambulance may staff the ambulance with 
more than 1 emergency medical technician certified at the EMT-Paramedic level. 

SECTION 62. Section 29 of chapter 149 of the General Laws, as appearing in the 
2008 Official Edition, is hereby amended by striking out, in lines 6 and 7, the words "in the 
case of the commonwealth is more than five thousand dollars, and in any other case is more 
than two thousand dollars," and inserting in place thereof the following words:- is more than 
$25,000. 

SECTION 63. Subsection (2) of section 44 A of said chapter 149, as amended by 
section 30 of chapter 166 of the acts of 2009, is hereby further amended by striking out 
paragraphs (A) and (B) and inserting in place thereof the following 2 paragraphs :- 

(A) Every contract or procurement for the construction, reconstruction, installation, 
demolition, maintenance or repair of a building by a public agency estimated to cost less than 
$10,000, shall be obtained through the exercise of sound business practices; provided, 
however, that the public agency shall make and keep a record of each such procurement; and 
provided further, that the record shall, at a minimum, include the name and address of the 
person from whom the services were procured. 

(B) Every contract for the construction, reconstruction, installation, demolition, 
maintenance or repair of any building estimated to cost not less than $10,000 but not more 
than $25,000 shall be awarded to the responsible person offering to perform the contract at 
the lowest price. The public agency shall make public notification of the contract and shall 



849 



Chap. 188 

seek written responses from persons who customarily perform such work. The public 
notification shall include a scope-of-work statement that defines the work to be performed 
and provides potential responders with sufficient information regarding the objectives and 
requirements of the public agency and the time period within which the work shall be 
completed. For the purposes of this paragraph, "public notification" shall include, but need 
not be limited to, posting at least 2 weeks before the time specified in the notification for the 
receipt of responses, the contract and scope-of- work statement on the website of the public 
agency, on the COMPASS system or in the central register published pursuant to section 20A 
of chapter 9 and in a conspicuous place in or near the primary office of the public agency. 

SECTION 64. Section 14 of chapter 1 83A of the General Laws, as appearing in the 
2008 Official Edition, is hereby amended by inserting after the word "section", in line 5, the 
following words:- 53E 3 /4 of chapter 44 and section. 

SECTION 65. Chapter 200A of the General Laws is hereby amended by striking out 
section 9A, as so appearing, and inserting in place thereof the following section:- 

Section 9A. (a) In any city, town or district that accepts this section in the manner 
provided in section 4 of chapter 4, there shall be an alternative procedure for disposing of 
abandoned funds held in the custody of the city, town or district as provided in this section. 

(b) Any funds held in the custody of a city, town or district may be presumed by the 
city, town or district treasurer to be abandoned unless claimed by the corporation, 
organization, beneficiary or person entitled thereto within 1 year after the date prescribed for 
payment or delivery; provided, however, that the last instrument intended as payment shall 
bear upon its face the statement "void if not cashed within 1 year from date of issue". After 
the expiration of 1 year after the date of issue, the treasurer of a city, town or district may 
cause the financial institution upon which the instrument was drawn to stop payment on the 
instrument or otherwise cause the financial institution to decline payment on the instrument 
and any claims made beyond that date shall only be paid by the city, town or district through 
the issuance of a new instrument. The city, town or district and the financial institution shall 
not be liable for damages, consequential or otherwise, resulting from a refusal to honor an 
instrument of a city, town or district submitted for payment more than a year after its 
issuance. 

(c) The treasurer of a city, town or district holding funds owed to a corporation, 
organization, beneficiary or person entitled thereto that are presumed to be abandoned under 
this section shall post a notice entitled "Notice of names of persons appearing to be owners 
of funds held by (insert city, town or district name), and deemed abandoned". The notice 
shall specify the names of those persons who appear from available information to be entitled 
to such funds, shall provide a description of the appropriate method for claiming the funds 
and shall state a deadline for those funds to be claimed; provided, however, that the deadline 
shall not be less than 60 days after the date the notice was either postmarked or first posted 
on a website as provided in this section. The treasurer of the city, town or district may post 
such notice using either of the following methods: (1) by mailing the notice by first class 
mail, postage prepaid, to the last known address of the beneficiary or person entitled thereto; 



850 



Chap. 188 

or (2) if the city, town or district maintains an official website, by posting the notice 
conspicuously on the website for not less than 60 days. If the apparent owner fails to respond 
within 60 days after the mailing or posting of the notice, the treasurer shall cause a notice of 
the check to be published in a newspaper of general circulation, printed in English, in the 
county in which the city or town is located. 

(d) In the event that funds appearing to be owed to a corporation, organization, 
beneficiary or person is $100 or more and the deadline as provided in the notice has passed 
and no claim for the funds has been made, the treasurer shall cause an additional notice, in 
substantially the same form as the aforementioned notice, to be published in a newspaper of 
general circulation in the county in which the city, town or district is located; provided, 
however, that the notice shall provide an extended deadline beyond which funds shall not be 
claimed and such deadline shall be at least 1 year from the date of publication of the notice. 

(e) Once the final deadline has passed under subsection (d), the funds owed to the 
corporation, organization, beneficiary or person entitled thereto shall escheat to the city, town 
or district and the treasurer thereof shall record the funds as revenue in the General Fund of 
the city, town or district and the city, town or district shall not be liable to the corporation, 
organization, beneficiary or person for payment of those funds or for the underlying liability 
for which the funds were originally intended. Upon escheat, the funds shall be available to 
the city, town or district's appropriating authority for appropriation for any other public 
purpose. In addition to the notices required in this section, the treasurer of the city, town or 
district may initiate any other notices or communications that are directed in good faith 
toward making final disbursement of the funds to the corporation, organization, beneficiary 
or person entitled thereto. 

Prior to escheat of the funds, the treasurer of the city, town or district shall hear all 
claims on funds that may arise and if it is clear, based on a preponderance of the evidence 
available to the treasurer at the time the claim is made, that the claimant is entitled to 
disbursement of the funds, the treasurer shall disburse funds to the claimant upon receipt by 
the treasurer of a written indemnification agreement from the claimant wherein the claimant 
agrees to hold the city, town or district and the treasurer of the city, town or district harmless 
in the event it is later determined that the claimant was not entitled to receipt of the funds. 
If it is not clear, based on a preponderance of the evidence before the treasurer at the time of 
the claim that the claimant is entitled to disbursement of the funds, the treasurer shall 
segregate the funds into a separate, interest-bearing account and shall notify the claimant of 
such action within 10 days. A claimant affected by this action may appeal within 20 days 
after receiving notice thereof to the district, municipal or superior court in the county in 
which the city, town or district is located. The claimant shall have a trial de novo. A party 
adversely affected by a decree or order of the district, municipal or superior court may appeal 
to the appeals court or the supreme judicial court within 20 days from the date of the decree. 

If the validity of the claim shall be determined in favor of the claimant or another 
party, the treasurer shall disburse funds in accordance with the order of the court, including 
interest accrued. If the validity of the claim is determined to be not in favor of the claimant 



851 



Chap. 188 

or another party or if the treasurer does not receive notice that an appeal has been filed within 
1 year from the date the claimant was notified that funds were being withheld, then the funds, 
plus accrued interest, shall escheat to the city, town or district in the manner provided in this 
section. 

If the claimant is domiciled in another state or country and the city, town or district 
determines that there is no reasonable assurance that the claimant will actually receive the 
payment provided for in this section in substantially full value, the superior court, in its 
discretion or upon a petition by the city, town or district, may order that the city, town or 
district retain the funds. 

SECTION 66. (a) Notwithstanding chapter 32 of the General Laws or any other 
general or special law to the contrary, a municipality which accepts this section may establish 
and implement an early retirement incentive program for its employees in accordance with 
this section. 

(b) The chief executive officer of the municipality shall limit the total number of 
participating employees, with preference given to those with greater years of creditable 
service, and shall have the authority to determine which eligible municipal employees may 
participate and to approve early retirement benefits for each employee in order to avoid 
adverse impacts on municipal operations and services. 

(c) In order to be eligible to participate in a program established under this section, 
in addition to any other requirements imposed by the municipality, an employee must be an 
active member of a municipal, regional or county retirement system with at least 20 years of 
service whose salary is paid from the operating budget and not from federal, trust or other 
capital funds. 

(d) An employee who is eligible for the early retirement incentive program may 
request in an application for retirement that the retirement board credit the employee with 
an additional retirement benefit of a combination of years of creditable service and years of 
age, in full year increments, the sum of which shall not be greater than 3 years, or a lesser 
amount established by the municipality, for the purposes of determining the employee's 
superannuation retirement allowance under paragraph (a) of subdivision (2) of section 5 of 
chapter 32 of the General Laws. Notwithstanding the credit, the total normal yearly amount 
of the retirement allowance, as determined in accordance with said section 5 of said chapter 
32, of any employee who retires and receives the retirement incentive program benefit shall 
not exceed 80 per cent of the average annual rate of the employee's regular compensation as 
determined in accordance with said section 5 of said chapter 32. All participants shall forego 
the right to accrued sick and vacation time, and the amount that would have been paid to a 
retiree for accrued sick and vacation time shall be paid into the municipal, regional or county 
retirement system to reduce the additional pension liability resulting from this program. 

(e) In filling positions which have been vacated by employees who participate in an 
early retirement incentive program under this section, the chief executive officer of the 
municipality shall be limited to paying compensation, contract and professional services in 



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Chap. 188 

an amount that does not exceed the following percentage of the total annual salary of all 
participants in the program calculated as of their respective retirement dates: 30 per cent in 
fiscal year 201 1, 45 per cent in fiscal year 2012 and 60 per cent in fiscal year 2013. 

(f) A municipality that establishes an early retirement incentive program under this 
section shall provide the public employee retirement administration commission with 
information demonstrating the value of the plan and any information requested by the public 
employee retirement administration commission in order to allow it to evaluate the plan and 
confirm the analysis, including historic data upon which the plan is based, the elements of 
the municipal plan including the total number of participants, the types of eligible employees, 
the salaries of participating employees, the benefits to be received and the limits on refilling 
vacated positions. In addition, the municipality shall certify to the public employee 
retirement administration commission that the present value cost of its plan is estimated to 
be less than the present value savings and provide the commission with all information it 
requests to evaluate the plan and confirm a cost analysis. 

(g) In order to establish an early retirement incentive program under this section, a 
municipality shall: 

(i) require the chief executive officer of a municipality that chooses to participate to 
submit its plan to the public employee retirement administration commission for approval 
within 2 months after the effective date of this act; 

(ii) once the plan has been approved, submit to the legislative body of the 
municipality for acceptance not later than the next meeting of the legislative body at which 
the plan can practicably be submitted; 

(iii) publish and make available to employees the approved plan within 1 month after 
its acceptance by the legislative body; 

(iv) require employees to participate within 2 months of the plan's publication; 

(v) determine which applicants shall be allowed to participate in the program and 
notify them within 1 month of the application deadline; and 

(vi) require that participating employees retire within 2 months of notification of 
acceptance. 

(h) The chief executive officer of a municipality that establishes a program under this 
section shall submit an annual report to the public employee retirement administration 
commission, the executive office for administration and finance and the municipal legislative 
body. The report shall include the salaries and positions of participants, the amount of sick 
and vacation time being contributed by participants, the salaries and positions of those being 
hired as replacements and whether the positions of participants have been permanently 
eliminated. 

(i) A municipality's increased pension liability resulting from participation in a 
program established under this section shall be amortized over 10 years, starting in the next 
fiscal year after all participating employees retire, in equal installments, and shall be 
separately identified in the municipal, regional or county retirement system's pension funding 
schedule. 



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Chap. 188 

(j) For purposes of sections (a) to (i), inclusive, the powers and duties of the chief 
executive officer shall be vested in the manager of the municipal lighting plant for all matters 
affecting municipal lighting plant employees. 

SECTION 67. (a) Notwithstanding subsection (d) of section 8 of chapter 372 of the 
acts of 1984 or any other general or special law to the contrary, each of the towns of 
Chicopee and Wilbraham and the South Hadley Fire District #1, each having the 
responsibility for providing potable water in their respective service areas and each presently 
receiving its wholesale supply of potable water from the Massachusetts Water Resources 
Authority through the Chicopee Valley Aqueduct may furnish water to new service 
connections to properties located in other communities when, in the exercise of discretion 
by the community furnishing the water, such service is deemed necessary exclusively for the 
public health, safety or welfare. 

(b) Each of the towns of Chicopee and Wilbraham and the South Hadley Fire District 
#1 may provide water for new single service connections upon such reasonable terms as may 
be agreeable to the municipality providing water service and may extend their respective 
water supply systems to properties contiguous to, or in the vicinity of, their respective local 
community-owned water supply pipelines that extend from the Chicopee Valley Aqueduct. 
For the purposes of this section, the term single service connection shall refer to either a 
single, individual new customer connection or to a distinct water service expansion project 
involving multiple new customers. Each such connection or each such water service 
expansion project shall be regarded as a single service connection so long as additional 
demand upon safe yield from the sources of water available to the authority, per connection 
or per project, does not exceed 100,000 gallons per day. The prior consent of the authority 
shall not be required for new single service connections, but advance written notification to 
the authority shall be required. Notification to, and the approval of, the chief executive 
officer in the municipality to which the single service connection is located is required. An 
entrance fee shall be paid to the Authority unless waived by all 3 of the aqueduct 
municipalities. If not waived, the entrance fee shall be in an amount equal to the new service 
connection's proportional share of the net asset value of the Chicopee Valley aqueduct 
system. The entrance fee shall be collected by the municipality of the aqueduct which shall 
extend its system and which shall provide the water supply connection. The entrance fee 
shall inure to the benefit of the aqueduct system. 

(c) For all new service connections that do not qualify as single service connections, 
as defined in subsection (b), the recipient municipality, on behalf of its residents, businesses 
or other customers, shall follow the procedures and requirements and obtain each of the 
applicable approvals, as set forth in subsection (d) of section 8 of chapter 372 of the acts of 
1 984 as are required of a new member community or water district seeking admission to the 
authority service area. Compliance with said subsection (d) of said section 8 of said chapter 
372 shall remain the sole means for approval of any proposed new service connection which 
is either intended to provide and extend water service to any significant additional segment 



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Chap. 188 

of the population of a municipality not now served by the authority or which is otherwise 
beyond the scope of the requirements established in subsection (b). All authority entrance 
fees for additional wholesale and retail connections to municipalities served through the 
aqueduct shall inure to the benefit of the aqueduct municipalities. 

SECTION 68. (a) The terms used in this section shall have the following meanings 
unless the context clearly requires otherwise: 

"Amnesty period", a period of time commencing not earlier than the date a local 
legislative body establishes a municipal tax amnesty program according to this act and 
expiring not later than June 30 201 1, as the local legislative body might determine, during 
which the municipal tax amnesty program established by the local legislative body shall be 
in effect in that city or town. 

"Collector", a person receiving a tax list and a warrant to collect the same. 

"Covered amount", the aggregate of all penalties, fees, charges and accrued interest 
assessed by the collector or treasurer for the failure of a certain taxpayer to timely pay a 
subject liability; provided, however, that the covered amount shall not include the subject 
liability itself or any fees and charges authorized or incurred for the collection of a past due 
subject liability for which notice has been issued; and provided further, that nothing in this 
section shall authorize the waiver of penalties, fees, charges and accrued interest resulting 
from the violation of any law, municipal by-law or ordinance. 

"Municipal tax amnesty program", a temporary policy by a city or town to forever 
waive its right to collect all or any uniform proportion of the covered amount, as determined 
by the local legislative body, then due from any person who, prior to the expiration of the 
amnesty period, voluntarily pays the collector or treasurer the full amount of the subject 
liability that serves as the basis for the covered amount; provided, however, that a municipal 
tax amnesty program shall not include a policy that enables or requires a city or town to 
waive its right to collect the covered amount from a person who, at the time of 
commencement of the amnesty period is or was the subject of a criminal investigation or 
prosecution for failure to pay the city or town any subject liability or covered amount. 

"Subject liability", the principal amount of a particular tax or excise liability payable 
by a taxpayer under chapter 59, 60, 60A or 60B of the General Laws, as determined by the 
local legislative body. 

"Treasurer", as described in chapter 41 of the General Laws. 

(b) Notwithstanding any general or special law to the contrary, the local legislative 
body in any city or town may vote to establish a municipal tax amnesty program according 
to the provisions of this section and shall, at the same time as such vote, determine the 
amnesty period. Tax amnesty periods shall not extend beyond June 30, 2011. The 
commissioner of revenue may issue such guidelines as he deems appropriate to carry out this 
section. 

SECTION 69. The department of elementary and secondary education shall review 
and revise reporting requirements imposed on local school districts. Wherever possible, the 
department shall consolidate and eliminate the reporting requirements. The department shall 



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Chap. 188 

file a report not more than 6 months after the effective date of this act to the clerks of the 
house of representatives and senate and the joint committee on education detailing the 
number of requirements that were eliminated and consolidated, as well as reasons for why 
certain reports could not be consolidated or eliminated. 

SECTION 70. The Massachusetts cultural council, in cooperation with the executive 
branch, constitutional offices, quasi-governmental agencies and the joint committee on 
tourism, arts and cultural development, shall identify state incentives and resources to 
enhance cultural districts pursuant to section 52 A of chapter 10 of the General Laws and 
shall report its findings and recommendations, if any, together with drafts of legislation 
necessary to carry those recommendations into effect by filing the same with the clerk of the 
senate and house of representatives not later than January 1, 201 1. 

SECTION 71. The first actuarial valuation to be conducted pursuant to the second 
paragraph of paragraph (f) of subdivision (3) of section 21 chapter 32 of the General Laws, 
as appearing in section 16, shall be completed by January 1, 201 1, or by January 1 of the 
third year following the last actuarial valuation of the system, whichever first occurs. 

SECTION 72. There shall be a special commission to examine efficient and 
effective strategies to implement school district collaboration and regionalization. The 
commission shall consist of the senate and house chairs of the joint committee on education, 
who shall serve as co-chairs of the commission; the secretary of education or his designee; 
the commissioner of elementary and secondary education or his designee; the executive 
director of the Massachusetts School Building Authority or her designee; 1 member of the 
house of representatives to be appointed by the minority leader, 1 member of the senate to 
be appointed by the minority leader; and 9 persons to be appointed by the secretary of 
education, 1 of whom shall be from a list of 3 persons nominated by the Massachusetts 
Association of School Superintendents, 1 of whom shall be selected from a list of 3 persons 
nominated by the Massachusetts Association of School Committees, 1 of whom shall be 
selected from a list of 3 persons nominated by the Massachusetts Association of Regional 
Schools, 1 of whom shall be selected from a list of 3 persons nominated by the 
Massachusetts Teachers Association, 1 of whom shall be selected from a list of 3 persons 
nominated by the American Federation of Teachers, Massachusetts, 1 of whom shall be 
selected from a list of 3 persons nominated by the Massachusetts Association of School 
Business Officials, 1 of whom shall be selected from a list of 3 persons nominated by the 
Massachusetts Business Alliance for Education, 1 of whom shall be selected from a list of 
3 persons nominated by the Massachusetts Municipal Association and 1 of whom shall be 
selected from a list of 3 persons nominated by the Massachusetts Organization of 
Educational Collaboratives. 

The commission shall examine and make recommendations on model approaches 
regarding, but not limited to, the following areas: (1) identifying indicators for assessing the 
academic and programmatic quality, overall district capacity, including the effectiveness of 
the central office and the fiscal viability, efficiency and long-term sustainability of school 
districts; (2) cooperative purchasing of materials and services; (3) interdistrict academic and 



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extracurricular programs; (4) merger of school district central office buildings, staff and 
operational systems; (5) merger of collective bargaining agreements; (6) merger of debt 
obligations, including for school building projects; (7) the effect of school district 
regionalization on educational and instructional outcomes; (8) the effect of school district 
regionalization on school funding allocations; (9) school consolidation; (10) transitional 
costs associated with school district regionalization; (11) appropriate time frames for 
implementing school district regionalization; (12) incentives for school districts to increase 
collaboration and/or regionalize; (13) revisions of chapter 71 of the General Laws to 
facilitate the effective implementation of existing and future regional school district 
agreements; (14) school building capacity and facilities; (15) the feasibility of adopting a 
regional district finance structure in which the local contribution of the member cities or 
towns that the regional district serves is assessed on the basis of a uniformly measured fiscal 
capacity; and (16) in-district collaborations between schools, including consolidating 
buildings, programs, school and central office administration, special education and food 
service. 

The commission shall conduct its first meeting not less than 45 days after the 
effective date of this act and shall issue its final report to the general court on the results of 
its study and its recommendations, if any, together with drafts of legislation necessary to 
carry out such recommendations, by filing the same with the clerk of the senate and house 
of representatives not later than March 3 1 , 201 1 , and the clerks shall forward the same to the 
senate and house chairs of the joint committee on education and the chairs of the senate and 
house committees on ways and means. 
Emergency letter 7/27/10 at 3:02 P.M. Approved July 27, 2010 



Chapter 189. AN ACT RELATIVE TO STATE UNIVERSITIES. 

Be it enacted, etc., as follows: 

SECTION 1. Section 18B of chapter 6 of the General Laws, as appearing in the 
2008 Official Edition, is hereby amended by striking out, in lines 4 and 35, the second time 
it appears, the word "colleges" and inserting in place thereof, in each instance, the following 
word:- universities. 

SECTION 2. Section 133 of said chapter 6, as so appearing, is hereby amended by 
striking out, in line 21, the words "state college, state university," and inserting in place 
thereof the following words:- state university. 

SECTION 3. Section 133 A of said chapter 6, as so appearing, is hereby amended 
by striking out, in line 4, the words "state college, state university," and inserting in place 
thereof the following words:- state university. 

SECTION 4. Section 133C of said chapter 6, as so appearing, is hereby amended 
by striking out, in lines 4 and 5, the words "state college, state university," and inserting in 



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Chap. 189 

place thereof the following words:- state university. 

SECTION 5. Section 35EE of chapter 10 of the General Laws, as so appearing, is 
hereby amended by striking out, in line 22, the word "colleges" and inserting in place thereof 
the following word:- universities. 

SECTION 6. Section 18A of chapter 15 of the General Laws, as so appearing, is 
hereby amended by striking out, in line 8, the first time it appears, the word "colleges" and 
inserting in place thereof the following word:- universities. 

SECTION 7. Section 1 of chapter 1 5 A of the General Laws, as so appearing, is 
hereby amended by striking out, in line 32, the words "university, the state college" and 
inserting in place thereof the following words:- the University of Massachusetts, the state 
university. 

SECTION 8. Section 4 of said chapter 1 5 A, as so appearing, is hereby amended by 
striking out, in line 20, the words "state university" and inserting in place thereof the 
following words:- University of Massachusetts. 

SECTION 9. Said section 4 of said chapter 1 5 A, as so appearing, is hereby further 
amended by striking out, in lines 21 and 22, the words "college chosen by vote of the chairs 
of the boards of trustees of each of the state colleges" and inserting in place thereof the 
following words:- university chosen by vote of the chairs of the boards of trustees of each 
of the state universities. 

SECTION 10. Subsection (a) of said section 4 of said chapter 1 5 A, as so appearing, 
is hereby further amended by striking out the last sentence. 

SECTION 11. Section 4 A of said chapter 15 A, as so appearing, is hereby amended 
by striking out, in lines 27 and 28, the words "state university or college, 1 of whom shall be 
a president of a state college or his designee" and inserting in place thereof the following 
words:- campus of the University of Massachusetts or a designee, 1 of whom shall be a 
president of a state university or a designee. 

SECTION 12. Section 5 of said chapter 15A, as so appearing, is hereby amended 
by striking out the first paragraph and inserting in place thereof the following paragraph:- 

There shall be, for the purposes of this chapter, a system of public institutions of 
higher education, hereinafter called the system, which shall consist of the following 
segments: (i) the university of Massachusetts segment, which shall consist of the University 
of Massachusetts at Amherst, Boston, Dartmouth, Lowell and Worcester; (ii) the state 
university segment, which shall consist of Bridgewater State University, Fitchburg State 
University, Framingham State University, the Massachusetts College of Art and Design, the 
Massachusetts Maritime Academy, the Massachusetts College of Liberal Arts, Salem State 
University, Westfield State University and Worcester State University; and (iii) the 
community college segment, which shall consist of Berkshire Community College, Bristol 
Community College, Bunker Hill Community College, Cape Cod Community College, 
Greenfield Community College, Holyoke Community College, Massachusetts Bay 
Community College, Massasoit Community College, Middlesex Community College, Mount 



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Chap. 189 

Wachusett Community College, Northern Essex Community College, North Shore 
Community College, Quinsigamorid Community College, Roxbury Community College and 
Springfield Technical Community College. 

SECTION 13. Section 7 of said chapter 15 A, as so appearing, is hereby amended 
by striking out, in lines 2 to 4, inclusive, the words "by (i) the university segment, (ii) the 
state college segment, and (iii) the community college segment" and inserting in place 
thereof the following words:- in section 5. 

SECTION 14. The second paragraph of said section 7 of said chapter 1 5 A, as so 
appearing, is hereby amended by striking out the second sentence and inserting in place 
thereof the following sentence:- The board of trustees of each state university and community 
college shall develop and submit to the secretary and the council a mission statement for each 
such institution. 

SECTION 15. Said section 7 of said chapter 1 5A, as so appearing, is hereby further 
amended by inserting after the word "state", in line 23, the following word:- university. 

SECTION 16. Section 7 A of said chapter 15 A, as so appearing, is hereby amended 
by inserting after the word "state", in lines 12 and 13, each time it appears, the following 
word:- universities. 

SECTION 17. Said section 7A of said chapter 15A, as so appearing, is hereby 
further amended by striking out, in line 27, the words ", not later than September 1, 2003, 
separate task forces for the state" and inserting in place thereof the following words:- 
separate task forces for the state university. 

SECTION 18. Section 9 of said chapter 15 A, as so appearing, is hereby amended 
by striking out, in lines 55, 70, 94 and 136, the word "colleges", and inserting in place 
thereof, in each instance, the following word:- universities. 

SECTION 19. Said section 9 of said chapter 1 5 A, as so appearing, is hereby further 
amended by striking out, in line 105, the word "college", the first time it appears, and 
inserting in place thereof the following word:- university. 

SECTION 20. Said section 9 of said chapter 1 5 A, as so appearing, is hereby further 
amended by striking out, in lines 169 and 170, the words "university, state college or 
community college" and inserting in place thereof the following words:- institution of higher 
education. 

SECTION 21. Section 14 of said chapter 15 A, as so appearing, is hereby amended 
by striking out, in line 1 , the words "state university" and inserting in place thereof the 
following words:- University of Massachusetts. 

SECTION 22. Section 15 of said chapter 15 A, as so appearing, is hereby amended 
by striking out, in line 24, the words "university, state colleges" and inserting in place thereof 
the following words:- University of Massachusetts, state universities. 

SECTION 23. Said section 15 of said chapter 15 A, as so appearing, is hereby 
further amended by striking out, in line 26, the word "college" and inserting in place thereof 
the following word:- university. 



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Chap. 189 

SECTION 24. Section 1 5B of said chapter 1 5 A, as so appearing, is hereby amended 
by inserting after the word "state", in line 23, the following word:- university. 

SECTION 25. Section 1 5E of said chapter 1 5 A, as so appearing, is hereby amended 
by striking out, in lines 2 and 3, the words "state university and public colleges" and inserting 
in place thereof the following words:- public institutions of higher education. 

SECTION 26. Said section 15E of said chapter 15 A, as so appearing, is hereby 
further amended by striking out, in line 19, the word "college's" and inserting in place 
thereof the following word:- university's. 

SECTION 27. Said section 15E of said chapter 15 A, as so appearing, is hereby 
further amended by striking out, in line 36, the word "college" and inserting in place thereof 
the following word:- university. 

SECTION 28. Section 19 of said chapter 1 5 A, as so appearing, is hereby amended 
by striking out, in lines 40 and 41, and in lines 65 and 86, the words "college or university" 
and inserting in place thereof, in each instance, the following words:- institution of higher 
education. 

SECTION 29. Said section 19 of said chapter 15 A, as so appearing, is hereby 
further amended by striking out, in line 45, the word "college" and inserting in place thereof 
the following word:- university. 

SECTION 30. Section 1 9D of said chapter 1 5 A, as so appearing, is hereby amended 
by striking out, in line 6, in lines 13 and 14 and in line 16, the words "college or university" 
and inserting in place thereof, in each instance, the following words:- institution of higher 
education. 

SECTION 31. Section 22 of said chapter 15 A, as so appearing, is hereby amended 
by striking out, in lines 2 and 84, the word "college" and inserting in place thereof, in each 
instance, the following word:- university. 

SECTION 32. Section 37 of said chapter 1 5A, as so appearing, is hereby amended 
by striking out, in line 1 3, the words "college or university" and inserting in place thereof the 
following words:- institution of higher education. 

SECTION 33. Section 2MMM of chapter 29 of the General Laws, as so appearing, 
is hereby amended by inserting after the word "state", in line 30, the following word:- 
universities. 

SECTION 34. Section 6 of chapter 69 of the General Laws, as so appearing, is 
hereby amended by striking out, in line 3, the word "college" and inserting in place thereof 
the following word:- university. 

SECTION 35. Section 8 of said chapter 69, as so appearing, is hereby amended by 
striking out, in line 5, the word "college" and inserting in place thereof the following word:- 
university. 

SECTION 36. Section 1 of chapter 73 of the General Laws, as so appearing, is 
hereby amended by striking out, in line 1 , the word "colleges" and inserting in place thereof 
the following words:- universities, as established by section 5 of chapter 15 A. 



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Chap. 189 

SECTION 37. Said section 1 of said chapter 73, as so appearing, is hereby further 
amended by striking out, in lines 6 and 7, the words "said university" and inserting in place 
thereof the following words:- the University of Massachusetts. 

SECTION 38. Said section 1 of said chapter 73, as so appearing, is hereby further 
amended by striking out, in lines 7, 9, 1 1 , 22, 44, 44 and 45 and 47, the word "colleges" and 
inserting in place thereof, in each instance, the following word:- universities. 

SECTION 39. Said section 1 of said chapter 73, as so appearing, is hereby further 
amended by striking out the word "college", in lines 13 and 14 and in line 33, and inserting 
in place thereof the following word:- university. 

SECTION 40. Said section 1 of said chapter 73, as so appearing, is hereby further 
amended by striking out the words ", said Massachusetts College of Art and Design and said 
Massachusetts Maritime Academy", in lines 22 and 23. 

SECTION 41. Section 1A of said chapter 73, as so appearing, is hereby amended 
by striking out the words "colleges and the Massachusetts College of Art and Design", in 
lines 2 and 3, and inserting in place thereof the following word:- universities. 

SECTION 42. Said section 1 A of said chapter 73, as so appearing, is hereby further 
amended by striking out the word "colleges", in line 8, and inserting in place thereof the 
following word:- universities. 

SECTION 43. Section IB of said chapter 73, as so appearing, is hereby amended 
by striking out the words "colleges, the Massachusetts College of Art and Design and the 
Massachusetts Maritime Academy", in lines 2 to 4, inclusive, and inserting in place thereof 
the following word:- universities. 

SECTION 44. Said section IB of said chapter 73, as so appearing, is hereby further 
amended by striking out the word "college", in lines 5 and 6, in each instance, and inserting 
in place thereof the following words:- state university. 

SECTION 45. Section ID of said chapter 73 is hereby repealed. 

SECTION 46. Section IE of said chapter 73, as appearing in the 2008 Official 
Edition, is hereby amended by striking out, in line 5, the word "college" and inserting in 
place thereof the following word:- university. 

SECTION 47. Said section IE of said chapter 73, as so appearing, is hereby further 
amended by striking out, in line 6, the word "colleges" and inserting in place thereof the 
following word:- universities. 

SECTION 48. Section 2 A of said chapter 73, as so appearing, is hereby amended 
by striking out, in line 1, the word "colleges" and inserting in place thereof the following 
word:- universities. 

SECTION 49. Section 3 of said chapter 73, as so appearing, is hereby amended by 
striking out, in lines 6, 7, 9 and 1 2, the word "colleges" and inserting in place thereof, in each 
instance, the following word:- universities. 

SECTION 50. Section 4 of said chapter 73, as so appearing, is hereby amended by 
striking out, in line 1 , the word "colleges" and inserting in place thereof the following word:- 



861 



Chap. 189 

universities. 

SECTION 51. Section 4A of said chapter 73, as so appearing, is hereby amended 
by striking out, in lines 1, 5, 1 1, 12 and 19, the word "college" and inserting in place thereof, 
in each instance, the following word:- university. 

SECTION 52. Said section 4A of said chapter 73, as so appearing, is hereby further 
amended by striking out, in lines 2 and 6, the word "colleges" and inserting in place thereof, 
in each instance, the following word:- universities. 

SECTION 53. Section 4B of said chapter 73, as so appearing, is hereby amended 
by striking out, in lines 1 to 3, inclusive, the words "college, the Massachusetts College of 
Art and Design or the Massachusetts Maritime Academy" and inserting in place thereof the 
following word:- university. 

SECTION 54. Section 6 of said chapter 73, as so appearing, is hereby amended by 
striking out, in line 2, the word "colleges" and inserting in place thereof the following word:- 
universities. 

SECTION 55. Section 8 of said chapter 73, as so appearing, is hereby amended by 
striking out, in lines 2 and 3, the words "colleges, and the Massachusetts College of Art and 
Design" and inserting in place thereof the following word:- universities. 

SECTION 56. Section 10 of said chapter 73, as so appearing, is hereby amended by 
inserting after the word "state", in line 1, the following word:- universities. 

SECTION 57. Said section 10 of said chapter 73, as so appearing, is hereby further 
amended by striking out, in line 5, the word "college" and inserting in place thereof the 
following words:- university or community college. 

SECTION 58. Said section 10 of said chapter 73, as so appearing, is hereby further 
amended by striking out the last sentence. 

SECTION 59. Section 12 of said chapter 73, as so appearing, is hereby amended by 
striking out, in lines 3 and 4 and in lines 4 and 5, the word "college" and inserting in place 
thereof, in each instance, the following word:- university. 

SECTION 60. Section 1 3 of said chapter 73, as so appearing, is hereby amended by 
striking out, in line 7, the word "colleges" and inserting in place thereof the following word:- 
universities. 

SECTION 61. Section 14 of said chapter 73, as so appearing, is hereby amended by 
striking out, in line 4, the word "college" and inserting in place thereof the following word:- 
university. 

SECTION 62. Said section 14 of said chapter 73, as so appearing, is hereby further 
amended by striking out, in lines 7, in lines 12 and 13 and in lines 23 and 25, the word 
"colleges" and inserting in place thereof, in each instance, the following word:- universities. 

SECTION 63. Section 1 5 of said chapter 73, as so appearing, is hereby amended by 
striking out, in line 2, lines 8 and 9, lines 12 and 13 and in lines 14 and 15, the word 
"college" and inserting in place thereof, in each instance, the following word:- university. 



862 



Chap. 189 

SECTION 64. Said section 1 5 of said chapter 73, as so appearing, is hereby further 
amended by striking out, in line 16, the word "college's" and inserting in place thereof the 
following word:- university's. 

SECTION 65. Section 1 6 of said chapter 73, as so appearing, is hereby amended by 
striking out, in lines 3, 14, 36, 49, 61, 62, 73 and 81, the word "colleges" and inserting in 
place thereof, in each instance, the following word:- universities. 

SECTION 66. Said section 16 of said chapter 73, as so appearing, is hereby further 
amended by striking out, in lines 17, 47, 53, 56 and 79, the word "college" and inserting in 
place thereof, in each instance, the following word:- university. 

SECTION 67. Section 17 of said chapter 73, as so appearing, is hereby amended by 
striking out, in lines 2 and 5, the word "college" and inserting in place thereof, in each 
instance, the following word:- university. 

SECTION 68. Section 1 8 of said chapter 73, as so appearing, is hereby amended by 
striking out, in lines 3,5,6 and 12, the word "college" and inserting in place thereof, in each 
instance, the following word:- university. 

SECTION 69. Said section 1 8 of said chapter 73, as so appearing, is hereby further 
amended by striking out, in line 11, the word "colleges" and inserting in place thereof the 
following word:- universities. 

SECTION 70. Said chapter 73 is hereby amended by striking out section 19, as so 
appearing, and inserting in place thereof the following section:- 

Section 1 9. The institutions of higher learning under the jurisdiction of the board of 
trustees of state universities shall be those institutions in the state university segment 
established by section 5 of chapter 1 5 A. 

SECTION 71. Section 20 of said chapter 73, as so appearing, is hereby amended by 
striking out, in lines 1, 4, 7, 10, 13, 15 and 18, the word "college", and inserting in place 
thereof, in each instance, the following word:- university. 

SECTION 72. Said section 20 of said chapter 73, as so appearing, is hereby further 
amended by striking out, in line 1 1 , the following word "collegiate". 

SECTION 73. Section 1 of chapter 75 of the General Laws, as so appearing, is 
hereby amended by striking out, in line 1 , the words "The state university shall be the" and 
inserting in place thereof the following words:- There shall be a. 

SECTION 74. The definition of "police chief in section 1 of chapter 90C of the 
General Laws, as amended by section 60 of chapter 451 of the acts of 2008, is hereby 
amended by inserting after the words "commonwealth's state" the following word:- 
universities. 

SECTION 74A. The definition of "police officer" in said section 1 of said chapter 
90C, as appearing in the 2008 Official Edition, is hereby amended by inserting after the 
words "commonwealth's state" the following word:- universities. 

SECTION 75. Section 2 of said chapter 90C, as so appearing, is hereby amended 
by inserting after the word "state", in lines 1 1 and 46, the following word:- universities. 



863 



Chap. 189 

SECTION 76. Said section 2 of said chapter 90C, as so appearing, is hereby further 
amended by inserting after the word "state", in lines 13,30, 32, 35,38 and 4 1 , the following 
word:- university. 

SECTION 77. Section 2A of said chapter 90C, as so appearing, is hereby amended 
by inserting after the word "state", in lines 2 and 4, the following word:- universities. 

SECTION 78. Section 1 of chapter 703 of the acts of 1963, as most recently 
amended by sections 4 and 5 of chapter 258 of the acts of 2008, is hereby amended by 
striking out paragraph (h) and inserting in place thereof the following paragraph:- 

(h) "State college", any of the public institutions of higher education in the state 
university segment established by section 5 of chapter 15A of the General Laws. 

SECTION 79. Chapter 811 of the acts of 1967 is hereby amended by striking out, 
in line 1 , the word "colleges" and inserting in place thereof the following word:- universities. 

SECTION 79A. Said chapter 81 1 is hereby further amended by inserting after the 
word "such", in line 6, the second time it appears, the words:- state university or community. 

SECTION 80. With the exception of section 78, nothing in this act shall be 
construed to affect the Massachusetts State College Building Authority, established pursuant 
to chapter 703 of the acts of 1963 or the obligations, agreements, authorities or 
responsibilities thereof. 

SECTION 81. Subsection (a) of section 9 of chapter 419 of the acts of 2008 is 
hereby amended by striking out the words "Bridgewater State College" and inserting in place 
thereof the following words:- Bridgewater State University. 

SECTION 82. Nothing in this act shall be deemed to alter any bargaining unit that 
exists at Bridgewater State University, formerly known as Bridgewater State College; 
Fitchburg State University, formerly known as Fitchburg State College; Framingham State 
University, formerly known as Framingham State College; the Massachusetts College of Art 
and Design; the Massachusetts Maritime Academy; the Massachusetts College of Liberal 
Arts; Salem State University, formerly known as Salem State College; Westfield State 
University, formerly known as Westfield State College; or Worcester State University, 
formerly known as Worcester State College, on the effective date of this act. No action taken 
pursuant to this act shall be deemed to be justification for altering any bargaining unit that 
exists at said institutions on the date immediately preceding the effective date of this act. 

SECTION 83. Any reference to the state colleges generally or to any 1 or more of 
them individually in any general or special law, or in any rule, regulation, order, by-law, 
deed, indenture or other document or instrument shall be considered to be a reference to the 
state universities set forth in clause (ii) of the first paragraph of section 5 of chapter 15A of 
the General Laws, inserted by section 12 of this act, or to the corresponding state university, 
whether 1 or more, individually. 

Approved July 28, 2010. 



864 



Chapter 190. AN ACT ESTABLISHING AN ORGAN AND TISSUE DONOR 
REGISTRATION FUND. 

Whereas, The deferred operation of this act would tend to defeat its purpose, which 
is to provide forthwith for the promotion of organ and tissue donor registration, therefore it 
is hereby declared to be an emergency law, necessary for the immediate preservation of the 
public convenience. 

Be it enacted, etc., as follows: 

SECTION 1. Chapter 10 of the General Laws is hereby amended by inserting after 
section 35E the following section:- 

Section 35E^. There shall be established and set up on the books of the 
commonwealth an Organ and Tissue Donor Registration Fund to facilitate the registration 
of residents as organ and tissue donors. The fund shall consist of revenues collected by the 
commonwealth: (1) pursuant to section 15 of chapter 17 and section 8D of chapter 90; and 
(2) from public and private sources as gifts, grants and donations to facilitate the registration 
of residents as organ and tissue donors. 

All revenues credited under this section shall remain in the Organ and Tissue Donor 
Registration Fund, not subject to appropriation, to facilitate the registration of organ and 
tissue donors and to support any reasonable and necessary administrative costs incurred by 
the department of public health, not to exceed 3 per cent per annum of the funds held in the 
trust in a given state fiscal year, in coordinating with the advisory council established in 
section 15 of chapter 17 to carry out the responsibilities of the council. The state treasurer 
shall not deposit or otherwise transfer the revenues to the General Fund or any other fund. 

The state treasurer shall deposit the moneys in the fund in accordance with section 
34 of chapter 29 in a manner that will secure the highest interest available consistent with the 
safety of the fund and with the requirement that all amounts on deposit shall be available for 
immediate withdrawal at all times. The fund shall be expended at the direction of the 
commissioner of public health only for the purposes stated in this section and any 
unexpended balances in the fund at the end of the fiscal year shall not revert and shall be 
available for expenditures in the subsequent fiscal year. 

SECTION 2. Chapter 17 of the General Laws is hereby amended by striking out 
section 15, as appearing in the 2008 Official Edition, and inserting in place thereof the 
following section:- 

Section 15. (a) There shall be an advisory council on organ and tissue transplants and 
donations which shall consist of the commissioner of public health; the registrar of motor 
vehicles; the director of organ transplants; the president of the Massachusetts Medical 
Society; and at least 6 persons to be appointed by the governor with experience in the field 
of organ and tissue transplants and donations, at least 1 of whom shall be a representative of 
a federally-designated organ procurement organization serving the commonwealth, at least 
1 of whom shall be a physician experienced in organ and tissue transplantation, at least 1 of 
whom shall be a physician experienced in pediatric organ and tissue transplantation, at least 



865 



Chap. 190 

1 of whom may be a donated organ or tissue recipient, at least 1 of whom may be a pediatric 
donated organ or tissue recipient and at least 1 of whom may be an organ or tissue donor or 
a family member of an organ or tissue donor. Members shall be appointed for terms of 3 
years and no member shall be appointed to serve for more than 2 consecutive terms. Upon 
the expiration of the term of an appointed member, a successor shall be appointed in like 
manner for a term of 3 years. 

(b) The governor shall annually designate the chairperson of the council' from among 
its members. The council shall meet at least 2 times annually, and shall convene special 
meetings at the call of the chairperson, a majority of the members of the council, the 
commissioner of public health or the director of organ transplants. The director of organ 
transplants shall serve as the executive secretary of the council and shall attend all meetings. 
The council shall make an annual report to the governor, which shall include an account of 
all actions taken to further adult and pediatric organ and tissue donor registration, and shall 
file a copy of the report with the state secretary and the clerks of the senate and house of 
representatives. Members of the council shall serve without compensation. 

(c) The advisory council shall: 

(1) assist the commissioner of public health and the director of organ transplants in 
coordinating the efforts of all public and private agencies within the commonwealth 
concerned with the donation and transplantation of human organs and tissue; 

(2) advise the commissioner of public health and the director of organ transplants on 
policy and priority of needs for a comprehensive program relative to organ and tissue 
donations and transplants; 

(3) assist the director of organ transplants in developing strategies to increase adult 
and pediatric organ and tissue donor registration and awareness with a special focus upon the 
need for increased pediatric organ and tissue donation; provided, however, that funding to 
support any such strategies shall be made available from the Organ and Tissue Donor 
Registration Fund established in section 35E/4 of chapter 10; 

(4) assist the director of organ transplants in establishing a website that provides 
general information relative to adult and pediatric organ and tissue donor registration and 
awareness, which shall include, but not be limited to, information that the council and 
director consider beneficial in increasing public knowledge about the need for organ and 
tissue donation, particularly pediatric organ and tissue donation, and a means by which the 
public may donate to the Organ and Tissue Donor Registration Fund; 

(5) facilitate and assist in the establishment of a program by which employers can 
match the donations of their employees to the Organ and Tissue Donor Registration Fund; 

(6) establish goals for increasing both adult and pediatric organ and tissue donation 
rates, which shall include a baseline account of current organ and tissue donation rates and 
periodic benchmarks for success; and 

(7) assist the director of organ transplants in establishing regulations which shall set 
forth standards and guidelines by which the director shall select individuals to receive funds 
from the Organ Transplant Fund established in section 3 5E of said chapter 10 and determine 



866 



Chap. 190 

the amount each such individual shall receive. 

SECTION 3. Section 8 of chapter 90 of the General Laws, as so appearing, is hereby 
amended by inserting after the word "thereof, in line 27, the following words:- , including 
any online renewal. 

SECTION 4. Section 8D of said chapter 90, as so appearing, is hereby amended by 
inserting after the word "license", in line 2, the following words:- and registration. 

SECTION 5. Said section 8D of said chapter 90, as so appearing, is hereby further 
amended by inserting after the third paragraph the following paragraph: - 

The registrar shall include on an online license renewal form an option for the person 
submitting the form to donate a sum of not less than $2 to the Organ and Tissue Donor 
Registration Fund established in section 35E x /2 of chapter 10. The registrar shall annually 
report the total amount designated under this paragraph to the state treasurer who shall credit 
amounts received for that purpose to the fund. 

SECTION 6. Said section 8D of said chapter 90, as so appearing, is hereby further 
amended by adding the following paragraph: - 

The registrar shall develop a means by which a person licensed by the registrar to 
operate a motor vehicle or holding an identification card issued under section 8E to register 
as an organ and tissue donor through the registry's website. The means shall be in addition 
to and shall contain the same security provisions as provided for the online renewal of 
licenses and registrations. 

SECTION 7. Section 12D of chapter 1 12 of the General Laws, as so appearing, is 
hereby amended by adding the following paragraph:- 

If a patient covered by MassHealth pursuant to chapter 1 1 8E is prescribed a narrow 
therapeutic index immunosuppressant drug for the treatment of an organ or tissue transplant, 
the pharmacist shall notify the prescribing physician if a substitution to a narrow therapeutic 
index immunosuppressant drug for the treatment of an organ or tissue transplant is made. 
For the purposes of this paragraph, "narrow therapeutic index immunosuppressant drug" 
shall mean an immunosuppressant drug for the treatment of an organ or tissue transplant that 
has a narrow range in blood concentrations between efficacy and toxicity and requires 
therapeutic drug concentration or pharmacodynamic monitoring. 

Approved July 29, 2010. 



Chapter 191. AN ACT RELATIVE TO NURSE ANESTHETISTS. 

Be it enacted, etc., as follows: 

SECTION 1. Section 1 of chapter 94C of the General Laws, as appearing in the 
2008 Official Edition, is hereby amended by inserting after the definition "Nurse" the 
following definition:- 



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Chap. 191 

"Nurse anesthetist", a nurse with advanced training authorized to practice by the 
board of registration in nursing as a nurse anesthetist in an advanced practice nursing role as 
provided in section 80B of chapter 112. 

SECTION 2. Subsection (g) of section 7 of said chapter 94C, as so appearing, is 
hereby amended by adding the following paragraph:- 

The commissioner shall promulgate regulations which provide for the registration of 
nurse anesthetists in an advanced practice nursing role, as defined in section 80B of chapter 
1 12, to issue written prescriptions for patients under section 80H of chapter 1 12 and under 
guidelines mutually- developed and agreed upon by the nurse and supervising physician in 
accordance with said section 80H and regulations approved by the board of registration in 
nursing and the board of registration in medicine. Prior to promulgating the regulations, the 
commissioner shall consult with the board of registration in nursing, board of registration in 
medicine and the board of registration in pharmacy with regard to those schedules of 
controlled substances for which nurse anesthetists may be registered. 

SECTION 3. Said chapter 94C is hereby further amended by striking out section 9 
and inserting in place thereof the following section:- 

Section 9. (a) A physician, dentist, podiatrist, optometrist as limited by sections 66 
and 66B of chapter 112 and subsection (h) of section 7, nurse practitioner and psychiatric 
nurse mental health clinical specialist as limited by subsection (g) of said section 7 and 
section 80E of said chapter 112, physician assistant as limited by said subsection (g) of said 
section 7 and section 9E of said chapter 112, certified nurse midwife as provided in section 
80C of said chapter 112, nurse anesthetist, as limited by subsection (g) of said section 7 and 
section 80H of said chapter 112, pharmacist as limited by said subsection (g) of said 
section 7 and section 24BV£ of said chapter 1 12, or veterinarian when registered under said 
section 7, may, when acting in accordance with applicable federal law and any provision of 
this chapter which is consistent with federal law and in good faith and in the course of a 
professional practice for the alleviation of pain and suffering or for the treatment or 
alleviation of disease, possess controlled substances as may reasonably be required for the 
purpose of patient treatment and may administer controlled substances or may cause the same 
to be administered under his direction by a nurse. 

A practitioner may cause controlled substances to be administered under his direction 
by a licensed dental hygienist for the purposes of local anesthesia only. 

(b) Notwithstanding section 17, a physician, physician assistant,. dentist, podiatrist, 
optometrist, certified nurse midwife, nurse practitioner, psychiatric nurse mental health 
clinical specialist, nurse anesthetist, pharmacist as limited by said subsection (g) of said 
section 7 and section 24B X A of said chapter 112, or veterinarian registered under said 
section 7, may, when acting in good faith and in the practice of medicine, dentistry, podiatry, 
optometry, nurse-midwifery, pharmacy or veterinary medicine or as a nurse, as the case may 
be, and when authorized by a physician, dentist, podiatrist, optometrist, nurse practitioner, 
physician assistant, certified nurse midwife, psychiatric nurse mental health clinical 
specialist, nurse anesthetist, or veterinarian in the course of such nurse's professional prac- 



868 



Chap. 191 

tice, dispense by delivering to an ultimate user a controlled substance in a single dose or in 
a quantity that is, in the opinion of such physician, dentist, podiatrist, optometrist, nurse 
practitioner, physician assistant, certified midwife, psychiatric nurse mental health clinical 
specialist, nurse anesthetist, pharmacist or veterinarian, essential for the treatment of a 
patient. The amount or quantity of any controlled substance dispensed under this subsection 
shall not exceed the quantity of a controlled substance necessary for the immediate and 
proper treatment of the patient until it is possible for the patient to have a prescription filled 
by a pharmacy. All controlled substances required by the patient as part of the patient's 
treatment shall be dispensed by prescription to the ultimate user in accordance with this 
chapter. 

This section shall not prohibit or limit the dispensing of a prescription medication that 
is classified by the department as schedule VI and that is provided by the manufacturer as 
part of an indigent patient program or for use as samples if the prescription medication is: 
(i) dispensed to the patient by a professional authorized to dispense controlled substances 
pursuant to this section; (ii) dispensed in the package provided by the manufacturer; and (iii) 
provided at no charge to the patient. The department shall promulgate rules and regulations 
governing the dispensing of medication pursuant to this section. These rules and regulations 
shall include, but not be limited to, the types and amounts of medications that may be 
dispensed and the appropriate safeguards for the labeling and dispensing of such 
medications. 

(c) A nurse who has obtained from a physician, dentist, physician assistant, podiatrist, 
certified nurse midwife, nurse practitioner, psychiatric nurse mental health clinical specialist, 
nurse anesthetist, pharmacist or veterinarian a controlled substance for dispensing to an 
ultimate user pursuant to subsection (b) or for administration to a patient pursuant to 
subsection (a) during the absence of the physician, physician assistant, dentist, podiatrist, 
certified nurse midwife, nurse practitioner, psychiatric nurse mental health clinical specialist, 
nurse anesthetist, pharmacist or veterinarian, shall return to the physician, physician assistant, 
dentist, podiatrist, certified nurse midwife, nurse practitioner, psychiatric nurse mental health 
clinical specialist, nurse anesthetist, pharmacist or veterinarian any unused portion of the 
controlled substance which is no longer required by the patient. 

A licensed dental hygienist who has obtained a controlled substance from a 
practitioner for dispensing to an ultimate user pursuant to subsection (a) shall return to such 
practitioner any unused portion of the substance which is no longer required by the patient. 

(d) Every physician, physician assistant, dentist, podiatrist, certified nurse midwife, 
nurse practitioner, psychiatric nurse mental health clinical specialist, nurse anesthetist, 
pharmacist or veterinarian shall, in the course of a professional practice, keep and maintain 
records, open to inspection by the commissioner during reasonable business hours, which 
shall include the following: the names and quantities of any controlled substances in 
schedules I, II or III received by the practitioner; the name and address of each patient to 
whom such controlled substance is administered or dispensed; the name, dosage and strength 



869 



Chap. 191 

per dosage unit of each such controlled substance; and the date of such administration or 
dispensing. 

(e) Notwithstanding subsection (b), a physician, nurse practitioner, physician 
assistant, pharmacist as limited by subsection (g) of section 7 and section 24B V2 of said 
chapter 1 12 or certified nurse midwife, when acting in good faith and providing care under 
a program funded in whole or in part by 42 U.S.C. section 300, or in a clinic licensed by the 
department to provide comparable medical services or a registered nurse, registered under 
section 74 of said chapter 112 and authorized by such physician, nurse practitioner, physician 
assistant, pharmacist as limited by said subsection (g) of said section 7 and section 24B 1/2 
of said chapter 112, certified nurse midwife may lawfully dispense controlled substances 
pursuant to schedule VI to recipients of such services in such quantity as needed for 
treatment and shall be exempt from the requirement that such dispensing be in a single dose 
or as necessary for immediate and proper treatment under subsection (b). A registered nurse 
shall dispense under this subsection only as provided in section 17. The department may 
establish rules and regulations controlling the dispensing of these medications, including, but 
not limited to, the types and amounts of medications dispensed and appropriate safeguards 
for dispensing. 

SECTION 4. Chapter 1 12 is hereby amended by inserting after section 80G the 
following section :- 

Section 80H. A nurse anesthetist may issue written prescriptions and order tests and 
therapeutics for the immediate perioperative care of a patient pursuant to guidelines mutually 
developed and agreed upon by the nurse and the supervising physician in accordance with 
regulations promulgated jointly by the board and the board of registration in medicine after 
consultation with the board of registration in pharmacy. For the purposes of this section, the 
immediate perioperative care of a patient shall be defined as the period commencing on the 
day prior to surgery and ending upon discharge of the patient from post-anesthesia care. A 
prescription made by a nurse anesthetist shall include the name of the physician with whom 
such nurse developed and signed mutually agreed upon guidelines approved by the board and 
the board of registration in medicine under section 80B. The administration of anesthesia 
by a nurse anesthetist directly to a patient shall not require a written prescription. 

Approved July 29, 2010. 



Chapter 192. AN ACT AUTHORIZING A CERTAIN QUESTION RELATIVE TO 
A CHARTER REVISION IN THE TOWN OF PALMER TO BE 
PLACED ON THE STATE ELECTION BALLOT. 

Be it enacted, etc., as follows: 

SECTION 1. Notwithstanding any general or special law to the contrary, in order 
to ascertain the will of the voters of the town of Palmer, the state secretary shall cause to be 



870 



Chap. 192 

placed on the official ballot to be used in the November 2010 state election in the town of 
Palmer the following question: "Shall this town approve the charter revision recommended 
by the charter commission summarized below?". If a majority of the votes cast in answer 
to the question is in the affirmative it shall be taken to be the will of the voters and the 
charter revision shall take effect. 

SECTION 2. The town charter commission shall prepare the summary of the 
proposed charter revision which shall appear on the ballot along with the question provided 
in section 1 and the town clerk shall submit the question and summary to the state secretary 
in accordance with section 42C of chapter 54 of the General Laws. 

SECTION 3. This act shall take effect upon its passage. 

Approved July 29, 2010. 



Chapter 193. AN ACT RELATIVE TO WILLIAM J. HIGGINS, AN EMPLOYEE 
OF THE TOWN OF NANTUCKET. 

Be it enacted, etc., as follows: 

SECTION 1. Notwithstanding any general or special law, rule or regulation to the 
contrary, the town of Nantucket may, subject to appropriation, pay to William J. Higgins, an 
employee of the town of Nantucket who was granted a military leave of absence to serve in 
support of Operation Enduring Freedom after September 11, 2001, the amount of 
$29,539.41 . This amount constitutes the regular base salary that William J. Higgins would 
have received as a town of Nantucket employee during his military leave reduced by the 
amount he received from the United States as base pay for military service performed during 
the same pay period. 

SECTION 2. This act shall take effect upon its passage. 

Approved July 29, 2010. 



Chapter 194. AN ACT AUTHORIZING THE TOWN OF WAREHAM TO ISSUE 8 
ADDITIONAL LIQUOR LICENSES. 

Be it enacted, etc., as follows: 

SECTION 1. Section 2 of chapter 424 of the acts of 2006 is hereby amended by 
adding the following words:- and adjacent parcels of land on Map 109A, lots 1 to 9, 
inclusive, 1017A, 1018A, 1019, 1020A, 1020B, 1021, 1022, 1023A, 1023B, 1024A, 1024B 
and 1024C. 



871 



Chap. 194 

SECTION 2. (a) Notwithstanding section 17 of chapter 138 of the General Laws or 
any other general or special law, rule or regulation to the contrary, the licensing authority of 
the town of Wareham may grant 1 additional license for the sale of all alcoholic beverages 
to be drunk on the premises under section 12 of said chapter 138 to Hadley-Maclntosh 
Enterprises, Inc. d/b/a The Stonebridge, located at 5 East boulevard in the Onset section of 
said town. A license granted under this section shall be subject to all of said chapter 138 
except said section 17. 

(b) Once issued, the licensing authority shall not approve the transfer of the license 
issued under this section to any other location, but it may grant the license to a new applicant 
at the same location if the applicant files with the authority a letter from the department of 
revenue indicating that the license is in good standing with the department and that all 
applicable taxes have been paid. 

(c) If the license granted under this section is cancelled, revoked or no longer in use, 
it shall be returned physically, with all of the legal rights, privileges and restrictions 
pertaining thereto, to the licensing authority, which may then grant the license to a new 
applicant at the same location under the same conditions as specified in this section. 

SECTION 3. (a) Notwithstanding section 17 of chapter 138 of the General Laws or 
any other general or special law, rule or regulation to the contrary, the licensing authority of 
the town of Wareham may grant 1 additional license for the sale of all alcoholic beverages 
to be drunk on the premises under section 12 of said chapter 138 to Captain Als Restaurant 
LLC d/b/a Captain Als, located at 3236 Cranberry highway in the Onset section of said town. 
A license granted under this section shall be subject to all of said chapter 138 except said 
section 17. 

(b) Once issued, the licensing authority shall not approve the transfer of the license 
issued under this section to any other location, but it may grant the license to a new applicant 
at the same location if the applicant files with the authority a letter from the department of 
revenue indicating that the license is in good standing with the department and that all 
applicable taxes have been paid. 

(c) If the license granted under this section is cancelled, revoked or no longer in use, 
it shall be returned physically, with all of the legal rights, privileges and restrictions 
pertaining thereto, to the licensing authority, which may then grant the license to a new 
applicant at the same location under the same conditions as specified in this section. 

SECTION 4. (a) Notwithstanding section 17 of chapter 138 of the General Laws or 
any other general or special law, rule or regulation to the contrary, the licensing authority of 
the town of Wareham may grant 1 additional license for the sale of all alcoholic beverages 
to be drunk on the premises under section 1 2 of said chapter 1 3 8 to Grady MacKay 's Village 
Eatery and Bar located at 330 Main street. A license granted under this section shall be 
subject to all of said chapter 138 except said section 17. 

(b) Once issued, the licensing authority shall not approve the transfer of the license 
to any other location, but it may grant the license to a new applicant at the same location if 
the applicant files with the authority a letter from the department of revenue indicating that 



872 



Chap. 194 

the license is in good standing with the department and that all applicable taxes have been 
paid. 

(c) If the license granted under this section is cancelled, revoked or no longer in use, 
it shall be returned physically, with all of the legal rights, privileges and restrictions 
pertaining thereto, to the licensing authority, which may then grant the license to a new 
applicant at the same location under the same conditions as specified in this section. 

SECTION 5. (a) Notwithstanding section 17 of chapter 138 of the General Laws or 
any other general or special law, rule or regulation to the contrary, the licensing authority of 
the town of Wareham may grant 1 additional license for the sale of all alcoholic beverages 
to be drunk on the premises under section 1 2 of said chapter 1 38 to Mark, Incorporated d/b/a 
China Garden, located at 265 Marion road. A license granted under this section shall be 
subject to all of said chapter 138 except said section 17. 

(b) Once issued, the licensing authority shall not approve the transfer of the license 
to any other location, but it may grant the license to a new applicant at the same location if 
the applicant files with the authority a letter from the department of revenue indicating that 
the license is in good standing with the department and that all applicable taxes have been 
paid. 

(c) If the license granted under this section is cancelled, revoked or no longer in use, 
it shall be returned physically, with all of the legal rights, privileges and restrictions 
pertaining thereto, to the licensing authority, which may then grant the license to a new 
applicant at the same location under the same conditions as specified in this section. 

SECTION 6. (a) Notwithstanding section 17 of chapter 138 of the General Laws or 
any other general or special law, rule or regulation to the contrary, the licensing authority of 
the town of Wareham may grant 1 additional license for the sale of all alcoholic beverages 
to be drunk on the premises under section 12 of said chapter 1 38 to Tsika, Inc. d/b/a Minerva 
Pizza, located at 257 Main street. A license granted under this section shall be subject to all 
of said chapter 138 except said section 17. 

(b) Once issued, the licensing authority shall not approve the transfer of the license 
to any other location, but it may grant the license to a new applicant at the same location if 
the applicant files with the authority a letter from the department of revenue indicating that 
the license is in good standing with the department and that all applicable taxes have been 
paid. 

(c) If the license granted under this section is cancelled, revoked or no longer in use, 
it shall be returned physically, with all of the legal rights, privileges and restrictions 
pertaining thereto, to the licensing authority, which may then grant the license to a new 
applicant at the same location under the same conditions as specified in this section. 

SECTION 7. (a) Notwithstanding section 1 7 of chapter 1 3 8 of the General Laws or 
any other general or special law, rule or regulation to the contrary, the licensing authority of 
the town of Wareham may grant 1 additional license for the sale of all alcoholic beverages 
to be drunk on the premises under section 12 of said chapter 138 to Rosebrook Place 
Hospitality LLC, a subsidiary of A.D. Makepeace Company, located at the interchange of 



873 



Chap. 194 

interstate highway route 195 and state highway route 25 in said town. A license granted 
under this section shall be subject to all of said chapter 138 except said section 17. 

(b) Once issued, the licensing authority shall not approve the transfer of the license 
to any other location, but it may grant the license to a new applicant at the same location if 
the applicant files with the authority a letter from the department of revenue indicating that 
the license is in good standing with the department and that all applicable taxes have been 
paid. 

(c) If the license granted under this section is cancelled, revoked or no longer in use, 
it shall be returned physically, with all of the legal rights, privileges and restrictions 
pertaining thereto, to the licensing authority, which may then grant the license to a new 
applicant at the same location under the same conditions as specified in this section. 

SECTION 8. (a) Notwithstanding section 1 7 of chapter 138 of the General Laws or 
any other general or special law, rule or regulation to the contrary, the licensing authority of 
the town of Wareham may grant 1 additional license for the sale of all alcoholic beverages 
to be drunk on the premises under section 1 2 of said chapter 1 3 8 to W/S Wareham Properties 
LLC d/b/a Wareham Crossing Restaurant, located at 2421 Cranberry highway. A license 
granted under this section shall be subject to all of said chapter 138 except said section 17. 

(b) Once issued, the licensing authority shall not approve the transfer of the license 
to any other location, but it may grant the license to a new applicant at the same location if 
the applicant files with the authority a letter from the department of revenue indicating that 
the license is in good standing with the department and that all applicable taxes have been 
paid. 

(c) If the license granted under this section is cancelled, revoked or no longer in use, 
it shall be returned physically, with all of the legal rights, privileges and restrictions 
pertaining thereto, to the licensing authority, which may then grant the license to a new 
applicant at the same location under the same conditions as specified in this section. 

SECTION 9. (a) Notwithstanding section 1 7 of chapter 138 of the General Laws or 
any other general or special law, rule or regulation to the contrary, the licensing authority of 
the town of Wareham may grant 1 additional license for the sale of all alcoholic beverages 
to be drunk on the premises under section 12 of said chapter 138 to Al & El Corporation 
d/b/a Ella's Woodburning Oven Restaurant, located at 3 136 Cranberry highway in the East 
Wareham section of said town. A license granted under this section shall be subject to all of 
said chapter 138 except said section 17. 

(b) Once issued, the licensing authority shall not approve the transfer of the license 
to any other location, but it may grant the license to a new applicant at the same location if 
the applicant files with the authority a letter from the department of revenue indicating that 
the license is in good standing with the department and that all applicable taxes have been 
paid. 

(c) If the license granted under this section is cancelled, revoked or no longer in use, 
it shall be returned physically, with all of the legal rights, privileges and restrictions per- 
taining thereto, to the licensing authority, which may then grant the license to a new applicant 



874 



Chap. 194 

at the same location under the same conditions as specified in this section. 
SECTION 10. This act shall take effect upon its passage. 

Approved July 29, 2010. 



Chapter 195. AN ACT RELATIVE TO CONCURRENT JURISDICTION OVER 
THE FORMER DEVENS MILITARY BASE. 

Be it enacted, etc., as follows: 

SECTION 1. Section 1 of chapter 481 of the acts of 2004 is hereby amended by 
striking out the words "town of Harvard" and inserting in place thereof the following words :- 
towns of Harvard and Ayer. 

SECTION 2. Section 2 of said chapter 481 is hereby amended by striking out the 
figure "255" and inserting in place thereof the following figure:-31 12. 

Approved July 29, 2010 



Chapter 196. AN ACT RELATIVE TO POLICE APPOINTMENTS IN THE TOWN 
OF DUDLEY. 

Be it enacted, etc., as follows: 

Chapter 511 of the acts of 1975 is hereby amended by striking out section 2 and 
inserting in place thereof the following section:- 

Section 2. Appointments to the police department of the town shall be subject to 
rules and regulations established by a committee of 5 members consisting of the town 
administrator, the chief of police and 3 members appointed by the town moderator, 2 of 
whom shall be members of the board of selectmen and 1 of whom shall be a member of the 
finance committee of the town. 

Approved July 29, 2010. 



Chapter 197. AN ACT RELATIVE TO SCHOOL NUTRITION. 

Be it enacted, etc., as follows: 

SECTION 1. Section 23B of chapter 7 of the General Laws, as appearing in the 
2008 Official Edition, is hereby amended by striking out, in lines 2 and 3, the words "or 
authority", and inserting in place thereof the following words:- , authority or trustees or of- 



875 



Chap. 197 

fleers of a state college or university designated by such trustees. 

SECTION 2. Said section 23B of said chapter 7, as so appearing, is hereby further 
amended by striking out subsection (b) and inserting in place thereof the following 2 
subsections:- 

(b) To effectuate the preference for those products of agriculture grown or produced 
using locally-grown products, the state purchasing agent responsible for procuring the 
products on behalf of a state agency, authority or trustees or officers of a state college or 
university designated by such trustees shall, in advertising for bids, contracts or otherwise 
procuring products of agriculture, make reasonable efforts to facilitate the purchase of such 
products of agriculture grown or produced using products grown in the commonwealth. 

(c) The state purchasing agent responsible for procuring the products on behalf of a 
state agency or authority shall purchase the products of agriculture grown or produced using 
products grown in the commonwealth, unless the price of the goods exceeds, by more than 
10 per cent, the price of products of agriculture grown or produced using products grown 
outside of the commonwealth. 

SECTION 3. Section 4 of chapter 3 OB of the General Laws, as so appearing, is 
hereby amended by striking out subsection (d) and inserting in place thereof the following 
subsection:- 

(d) A procurement officer, who follows sound business practices, may award 
contracts which include individual purchases of less than $25,000 to Massachusetts farm 
operations for the procurement of products of agriculture as defined in section 1 A of chapter 
128 including, but not limited to, fruits, vegetables, eggs, dairy products, meats, crops, 
horticultural products and products processed into value added products, that are grown or 
produced using products grown in the commonwealth as well as fish, seafood and other 
aquatic products, without seeking quotations as required under subsection (a). 

SECTION 4. The third paragraph of section ID of chapter 69 of the General Laws, 
as so appearing, is hereby amended by striking out the fourth sentence and inserting in place 
thereof the following 2 sentences:- The standards shall provide for instruction in the issues 
of nutrition and exercise. The standards may provide for instruction in the issues of physical 
education, human immunodeficiency virus and acquired immune deficiency syndrome 
education, violence prevention, including teen dating violence, bullying prevention, conflict 
resolution and drug, alcohol and tobacco abuse prevention. 

SECTION 5. The fourteenth paragraph of section II of said chapter 69, as so 
appearing, is hereby amended by striking out clauses (j) and (k) and inserting in place thereof 
the following 3 clauses :- 

(j) multi-cultural education training for students and teachers; 

(k) global education; and 

(1) nutrition and wellness programs. 

SECTION 6. Chapter 1 1 1 of the General Laws is hereby amended by adding the 
following section:- 



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Chap. 197 

Section 222. (a) As used in this section, the following words shall, unless the context 
clearly indicates otherwise, have the following meanings:- 

"Competitive foods or beverages", all foods or beverages sold or provided in: (i) A 
la carte lines in school cafeterias; (ii) school stores; (iii) school snack bars; (iv) vending 
machines; and (v) any other locations in public schools; provided, however, that competitive 
foods or beverages shall not include foods sold or provided as part of the School Breakfast 
Program, the School Lunch Program and the Child and Adult Care Food Program of the 
United States Department of Agriculture; provided further, that competitive foods or 
beverages shall not include non-sweetened carbonated water. 

"Nutritional standards", the standards promulgated by the department in accordance 
with subsection (c). 

"Public school", an elementary, middle, high, charter or innovation school operated 
by a public school district or board of trustees pursuant to chapter 71. 

"School day", the hours of the day that students must attend school. 

(b) The department, in consultation with the department of elementary and secondary 
education and the department of mental health, shall establish, and periodically review, 
guidelines for: 

(1) the training of all public school nurses in behavioral health and appropriate 
screening and resources for the treatment of childhood obesity and behavioral health 
disorders, including eating disorders; 

(2) the recognition, treatment and availability of resources for children at risk for and 
diagnosed with childhood obesity and type 2 diabetes; 

(3) professional development and training of public school nurses and aid staff to gain 
the most up-to-date knowledge on childhood obesity, eating disorders and type 2 diabetes so 
that they can become more effective at screening for these conditions and making appropriate 
referrals for treatment; and 

(4) the establishment of a referral program where medical resources in the community 
shall collaborate with public schools to identify children in need of nutritional services, and 
provide these resources through in-school, outpatient and inpatient settings, where 
appropriate. 

(c) (1) The department shall promulgate regulations establishing nutritional standards 
for the sale or provision of competitive foods or beverages in public schools. 

(2) All competitive foods or beverages sold or provided in public schools shall be 
limited to foods or beverages that comply with the nutritional standards; provided, however, 
that the nutritional standards shall not apply, unless a public school district or board of 
trustees elects to apply the nutritional standards beyond this timeframe, to competitive foods 
or beverages sold on school grounds up to 30 minutes before the beginning of the school day 
or 30 minutes after the end of the school day, with the exception of competitive foods or 
beverages sold through vending machines, in which case the nutritional standards shall apply 
at all times; and provided further, that the department may make reasonable exceptions for 
the application of the nutritional standards to competitive foods or beverages sold during the 



877 



Chap. 197 

school day at booster sales, concession stands, and other school-sponsored or school-related 
fundraisers and events. 

(3) In developing the regulations, the department shall consider nutritional and dietary 
recommendations developed by state, federal and independent departments and health 
advisory associations including, but not limited to: the United States Department of Health 
and Human Services, the United States Department of Agriculture, the American Dietetic 
Association, the national School Nutrition Association, the Institute of Medicine, the 
American Heart Association and the School Nutrition Association of Massachusetts; 
provided, however, that the department, where appropriate, may develop the regulations in 
conformity with federal nutritional standards. 

(4) The regulations shall include, but not be limited to, the following requirements 
for public schools: 

(i) making available plain, potable water to all public school students during the day, 
at no cost to the students; 

(ii) offering for sale fresh fruit and non-fried vegetables at any location where food 
is sold; provided, however, that this shall not include non-refrigerated vending machines and 
vending machines which dispense only beverages; 

(iii) making nutritional information available to students for non-prepackaged 
competitive foods or beverages; provided, however, that this shall not include fresh fruit or 
fresh vegetables and foods or beverages sold during the school day at booster sales, 
concession stands, and other school-sponsored or school-related fundraisers and events; 

(iv) prohibiting fryolators in the preparation of competitive foods; provided, however, 
that the department may establish exceptions for the use of fryolators in the preparation of 
competitive foods sold during the school day at booster sales, concession stands and other 
school-sponsored or school-related fundraisers and events; and 

(v) ensuring that all foods, including competitive foods or beverages sold or provided 
to students during the school day, meet state and federal food safety requirements. 

(d) The department, in collaboration with the department of elementary and 
secondary education, shall assist public schools in the implementation of the nutritional 
standards relative to the sale or provision of competitive foods or beverages in public 
schools. The assistance may include: 

( 1 ) additional training in nutrition and diet available for school food service directors; 

(2) an assessment of a school's capacity, resources and equipment to prepare and 
provide recommended foods; and 

(3) recommendations on the duration of school lunch periods. 

(e) Every 5 years, the department, in consultation with the department of elementary 
and secondary education, shall conduct a review of the nutritional standards and update the 
nutritional standards as needed pursuant to subsection (c). In August of the last year of the 
5 -year period, the department shall report the findings of the review to the speaker of the 
house of representatives, the president of the senate, the joint committee on health care 
financing, the joint committee on public health and the joint committee on education. The 



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report shall include, but not be limited to, the following information: 

(1) an assessment of the success of implementing the nutritional standards in public 
schools; 

(2) the challenges or barriers experienced by public schools upon implementation of 
the nutritional standards and guidelines for the sale or provision of competitive foods and 
beverages; 

(3) changes in revenue received from the sale of federally -reimbursable school meals; 

(4) changes in total revenue from federally-reimbursable school meals and 
competitive sales combined that were lost or gained after implementation of the nutritional 
standards and guidelines for the sale or provision of competitive foods and beverages; 

(5) notable changes in student participation in the federally-reimbursable school 
meals programs; and 

(6) recommendations for improvement of the nutritional standards and guidelines for 
the sale or provision of competitive foods and beverages. 

(f) The department, in collaboration with the department of elementary and secondary 
education, shall promulgate regulations facilitating the establishment of school wellness 
advisory committees within school districts in order to maximize school districts' eligibility 
as recipients of federal grant awards. The regulations may require the wellness advisory 
committees to develop and recommend district-wide wellness policies addressing school 
nutrition, nutrition education and physical activity. The regulations may further require the 
wellness advisory committees to periodically review the district- wide wellness policies and 
implement any recommendations made as a result of this review prior to the following school 
year. Committee members may include school administrators, school nurses, food service 
directors, food service staff, parents of students in the school district, students, physical and 
health education teachers, dietitians, health care professionals and interested community 
members. 

(g) To promote food safety, the department, in collaboration with the department of 
elementary and secondary education, shall promulgate regulations requiring local health 
officials to conduct food safety inspections at public schools, in accordance and with the 
frequency required by state and federal law, or as a result of public complaint or food recall, 
and to track and report the results of these inspections for each School to the department and 
the department of elementary and secondary education, including any violations and steps 
to remediate the violations. The regulations may include minimal qualifications for local 
health officials responsible with conducting food safety inspections at public schools. All 
reports and information collected or received by the departments pursuant to the 
requirements of this subsection shall be public records pursuant to section 7 of chapter 4. 

SECTION 7. (a) There is hereby established a commission on school nutrition and 
childhood obesity for the purpose of making an investigation and study of childhood obesity 
and effective programs promoting proper nutrition and exercise for the children of the 
commonwealth. The commission shall be co-chaired by the commissioner of public health 
and the commissioner of elementary and secondary education, or their designees, and shall 



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also include: the commissioner of mental health or the commissioner's designee; the 
commissioner of agricultural resources or the commissioner's designee; the chair of the 
statewide student advisory council or the chair's designee; 2 members appointed by the 
Massachusetts Association of School Superintendents; 1 member appointed by the 
Massachusetts Secondary School Administrators' Association; 1 member appointed by the 
Massachusetts nutrition board; 1 member appointed by the Massachusetts Association for 
Health, Physical Education, Recreation and Dance; 1 member appointed by the American 
Heart Association; 1 member appointed by the American Diabetes Association; 1 member 
appointed by the Massachusetts Parent Teacher Association; 1 member appointed by the 
Massachusetts Academy of Pediatrics; 1 member of the Massachusetts School Nutrition 
Association; 2 members appointed by the governor, 1 of whom shall be a representative of 
the food or beverage industry; 3 members appointed by the senate president and 3 members 
appointed by the speaker of the house of representatives. The members of the commission 
shall serve without compensation. 

(b) The commission shall conduct a comprehensive review of programs promoting 
proper nutrition for children at each stage of development, both inside and outside of the 
school setting. The commission's review shall consider, but not be limited to: (1) current 
school district practices concerning nutrition and physical education in public schools, 
including, but not limited to, physical education course offerings, class duration and 
frequency and the physical space and time allotted, if any, for public school students to 
participate in recess each week; (2) current practices related to the treatment and management 
of childhood obesity, type 2 diabetes and eating disorders in the school setting; (3) methods 
for encouraging the consumption of well-balanced, healthy meals, in accordance with the 
nutritional standards established by the department of public health in subsection (c) of 
section 222 of chapter 111 of the General Laws, for students both inside and outside of the 
school setting; (4) the appropriate levels of physical education and activity for all children 
of the commonwealth; and (5) the utility of developing and implementing pilot initiatives to 
reduce childhood obesity through school-based, behavioral and incentive-driven programs. 

(c) The commission shall file a report detailing its review and recommendations, 
along with any legislative proposals to implement the recommendations, with the clerk of 
the senate and the clerk of the house of representatives not later than July 3 1, 201 1. 

SECTION 8. Notwithstanding any general or special law to the contrary, the 
department of elementary and secondary education shall evaluate the success of the Boston 
public school system's pilot program, known as Chefs in Schools, to provide healthy, 
cost-effective meals to students during the school day. The department's report shall identify 
other public schools in the commonwealth in which similar programs may be implemented 
and shall include an estimated budget for implementing such programs. The department 
shall report its findings to the joint committee on public health and the joint committee on 
education by December 31, 2010. 

SECTION 9. (a) The department of agricultural resources shall collect data 
including, but not limited to: 



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(1) public school districts and other educational institutions currently purchasing 
locally-grown farm and locally-harvested fish products, as well as school districts or other 
educational institutions not yet preferentially purchasing locally-grown farm or 
locally-harvested fish products; 

(2) the type of farm or fish products public schools wish to purchase; 

(3) farms interested in selling locally-grown farm or locally-harvested fish products 
to public schools or other educational institutions; 

(4) the types of locally-grown farm and locally-harvested fish products available; and 

(5) the names and contact information of farmers, farm organizations, fishermen, or 
fish processors marketing the locally-grown farm products. 

(b) The department of elementary and secondary education shall collect and report 
data including, but not limited to: 

(1) the name of the procurement contact person at each public school district; 

(2) a list of public school districts that feature locally-grown or locally-harvested fish 
foods on their published cafeteria menus; 

(3) a list of public school districts that have school garden or greenhouse projects; 

(4) a list of public school districts that include local agriculture or fishing in their 
curricula; and 

(5) a list of public school districts that include serving locally-grown or 
locally-harvested foods in their wellness policies as a strategy to encourage healthy student 
meals. 

(c) Based upon the data collected under subsections (a) and (b), the department of 
agricultural resources, in consultation with the department of elementary and secondary 
education, shall work with programs that facilitate the acquisition of local agricultural 
products or locally-harvested fish products by public schools, including existing 
farm-to-school projects, to develop a process by which farms or fish processors interested 
in selling to public schools may notify public schools and public schools interested in 
purchasing locally-grown farm or locally-harvested fish products may notify farms; provided, 
however, that the process ensures fair opportunities for all farms or fish processors interested 
in selling products to public schools in accordance with applicable laws and regulations. 

(d) The department of agricultural resources, in consultation with the department of 
elementary and secondary education, shall file a report with the office of the governor, the 
speaker of the house of representatives, the president of the senate, the joint committee on 
education, the joint committee on public health and the joint committee on environment, 
natural resources and agriculture that details the results of the data collected under 
subsections (a) and (b) of this section, the steps taken to comply with subsection (c) and any 
recommendations, together with drafts of legislation necessary to carry out those 
recommendations, by March 1, 201 1 . 

SECTION 10. Notwithstanding any general or special law to the contrary, the 
department of public health, in consultation with the department of elementary and secondary 
education, shall develop the nutritional standards as provided in section 222 of chapter 1 1 1 



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of the General Laws not later than January 1, 201 1 and the nutritional standards shall be 
implemented in public schools not later than August 1, 2012. 

Approved July 30, 2010. 



Chapter 198. AN ACT PROTECTING NURSING HOME RESIDENTS 

Be it enacted, etc., as follows: 

Chapter 111 of the General Laws is hereby amended by inserting after section 72Z 
the following section :- 

Section 72AA. Long-term care facilities shall distribute to each new resident, a 
resident's family member or health care proxy, at the time of admission, an informational 
document written by the department of public health in layperson's language about the laws 
and regulations that govern nursing homes, rest homes and long-term care facilities. 
Information in the document shall include, but not be limited to, the location of all relevant 
state and federal laws and regulations relating to long-term care facilities. The nursing home 
shall be required to maintain a record with the signature as acknowledgment of receipt by the 
resident, family member or health care proxy. 

For the purposes of this section, "long-term care facilities" shall mean nursing homes 
or skilled nursing or rehabilitation facilities. 

Approved July 30, 2010 



Chapter 199. AN ACT TO CONDUCT A STUDY OF CHEMICALS INFILTRATING 
AQUIFERS AND BEDROCK FISSURES ALONG THE INTERSTATE 
95 CORRIDOR. 

Whereas, The deferred operation of this act would tend to defeat its purpose, which 
is to provide forthwith safe drinking water, therefore it is hereby declared to be an emergency 
law, necessary for the immediate preservation of the public convenience. 

Be it enacted, etc., as follows: 

SECTION 1. As used in this act, the following words shall, have the following 
meanings, unless the context clearly requires otherwise: 

"1-95 Corridor" as the area within the town of Boxford located approximately 1 ,500 
feet from any portion of interstate highway route 95. 

"Safe drinking water" water meeting or exceeding all primary and secondary 
standards and recommended guidelines for drinking water as defined by the department of 
environmental protection. 



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SECTION 2. The Massachusetts Department of Transportation shall conduct a 
comprehensive study to determine the cumulative and immediate effects of deicing chemical 
storage and deicing operations on the groundwater aquifers and bedrock fissures within the 
1-95 corridor. Specifically, the study shall determine how and why deicing chemicals applied 
to interstate highway route 95 have infiltrated the ground water aquifers and bedrock fissures 
and what measures need to be taken to prevent it from occurring in the future. The study 
shall provide recommendations as to: (1) the proximate causes of deicing chemicals, 
including sodium and chloride, infiltration into the groundwater aquifers and bedrock 
fissures within the 1-95 Corridor; (2) short-term and long-term remedial actions necessary 
to restore groundwater quality to a safe drinking water standard within the 1-95 corridor; (3) 
a plan to modify highway drainage systems to prevent storm water run-off and highway 
drainage from adversely impacting aquifers, bedrock and adjacent wetland resource areas; 
and (4) an alternative means to provide a reliable and adequate safe drinking water supply 
to the residents located within the 1-95 corridor meeting all state and local requirements. 

SECTION 3. The department shall conduct the study utilizing an independent 
consultant. The development of the study scope of work, the selection of the independent 
consultant and the review of study recommendations shall all be conducted jointly by 
department and a committee to be appointed by the Boxford board of selectmen and the 
Boxford board of health. Within 2 years of the effective date of this act, the department shall 
file a report of its activities and the developed recommendations with the governor and the 
clerks of the senate and house of representatives who shall forward the same to the house and 
senate committees on ways and means and other committees as appropriate. To the extent 
the report provides for disbursement of appropriations or other moneys authorized by the 
general court, the plan shall be subject to the approval of the secretary of transportation and 
the secretary of administration and finance. 

Approved July 30, 2010. 



Chapter 200. AN ACT AUTHORIZING THE COMMISSIONER OF CAPITAL 
ASSET MANAGEMENT AND MAINTENANCE TO CONVEY 
CERTAIN LAND IN THE TOWN OF AGAWAM. 

Whereas, The deferred operation of this act would tend to defeat its purpose, which 
is to provide forthwith for the conveyance of land in the town of Agawam for veterans 
housing, therefore it is hereby declared to be an emergency law, necessary for the immediate 
preservation of the public convenience. 

Be it enacted, etc., as follows: 



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Chap. 200 

SECTION 1. Notwithstanding sections 40E to 40J, inclusive, of chapter 7 of the 
General Laws or any other general or special law to the contrary, the commissioner of capital 
asset management and maintenance may convey in fee simple a certain parcel of land and 
any improvements and structures located thereon formerly known as the Western 
Massachusetts Criminal Justice Training Center located at 702 South Westfield street in the 
town of Agawam, consisting of approximately 6.9 acres of land, to United Veterans of 
America, Inc. d/b/a Soldier On, or its affiliates, for the purpose of constructing limited equity 
cooperative housing for homeless veterans and providing services related thereto; provided, 
however, that before the conveyance, United Veterans of America, Inc. d/b/a Soldier On, or 
its affiliates shall enter into a historical covenant agreement with the Massachusetts 
Historical Commission which shall be filed with the registry of deeds and run with the land 
in perpetuity. Use and maintenance of the parcel shall be subject to the restrictions and 
provisions of the historical covenant. The exact boundaries of the parcel shall be determined 
by the commissioner of capital asset management and maintenance after the completion of 
a land survey. The consideration for the conveyance shall be $1. This parcel shall be 
conveyed by deed without warranties or representations by the commonwealth. 

SECTION 2. Notwithstanding any general or special law to the contrary, United 
Veterans of America, Inc. d/b/a Soldier On, or its affiliates, shall be responsible for all costs 
and expenses, including, but not limited to, costs associated with any engineering, appraisals, 
surveys and deed preparation related to the conveyance authorized under this act as such 
costs may be determined by the commissioner of capital asset management and maintenance. 

SECTION 3. The deed or other instrument conveying the property described in 
section 1 to United Veterans of America, Inc. d/b/a Soldier On, or its affiliates, shall 
provide, without limitation, that if for any reason the property ceases to be used solely for the 
purposes described in section 1 , then following a written notice and an opportunity to cure 
in accordance with a procedure to be specified in the deed conveying the property and upon 
the recording of a notice by the commissioner with the Hampden county registry of deeds, 
title to the property shall revert to the commonwealth under the care and control of the 
division of capital asset management and maintenance and any further disposition shall be 
subject to sections 40E to 40 J, inclusive, of chapter 7 of the General Laws. 

Approved July 31, 2010. 



Chapter 201. AN ACT RELATIVE TO THE PREPARATION OF CERTAIN 
BILINGUAL BALLOTS IN THE CITY OF BOSTON. 

Be it enacted, etc., as follows: 

SECTION 1. As used in this act, the following words shall have the following 
meanings unless the context requires otherwise :- 



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Chap. 201 

"Board", the board of election commissioners of the city of Boston. 

"Chinese surname", a surname which appears on the Lauderdale and Kestenbaum list 
of Chinese surnames. 

"City", the city of Boston. 

"Election", the choice by the voters of any public officer and to the taking of a vote 
upon any question by law submitted to the voters. 

"Transliteration", the printing of relevant Chinese characters to represent the phonetic 
equivalent of the syllables of an English name or a name in a language that is not 
traditionally written using Chinese characters. 

"State election", an election at which a national, state or county officer or a regional 
district school committee member elected districtwide is to be chosen by the voters, whether 
for a full term or for the filling of a vacancy. 

"Vietnamese surname", a surname which appears on the Lauderdale and Kestenbaum 
list of Vietnamese surnames. 

SECTION 2. Notwithstanding section 40 of chapter 54 of the General Laws or any 
other general or special law to the contrary, in federal and state elections, the state secretary 
shall prepare bilingual ballots in English and Chinese and in English and Vietnamese in 
addition to any other bilingual ballots required by law in the designated polling places within 
the city as required by section 4. 

SECTION 3. Notwithstanding section 58 of the charter of the city or any other 
general or special law to the contrary, in all city preliminary or final elections the board shall 
prepare bilingual ballots in English and Chinese and in English and Vietnamese in addition 
to any other bilingual ballots required by law in the designated polling places within the city 
as required by section 4. 

SECTION 4. Bilingual ballots in English and Chinese shall be provided in each 
polling place in the city where there are at least 35 registered voters with Chinese surnames. 
Bilingual ballots in English and Vietnamese shall be provided in each polling place in the 
city where there are at least 30 registered voters with Vietnamese surnames. 

At least 1 bilingual ballot in English and Chinese per registered voter with a Chinese 
surname shall be provided in each designated polling place. At least 1 bilingual ballot in 
English and Vietnamese per registered voter with a Vietnamese surname shall be provided 
in each designated polling place. In any district, county, state or federal primary or general 
election the state secretary may provide additional sets of bilingual ballots for any polling 
place in the city if the secretary deems it necessary. In any city preliminary or final elections, 
the board may provide additional sets of bilingual ballots for any polling place in the city if 
the board deems it necessary. 

SECTION 5. The board in any city preliminary or final elections and the state 
secretary in any federal or state election shall provide for the transliteration of all candidates' 
names for bilingual ballots in English and Chinese. Each candidate shall be provided with 
a written copy of the proposed transliteration of that candidate's name. Within 7 days after 



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Chap. 201 

receiving the proposed transliteration of the candidate's name, the candidate may provide 
written notice to the board or the state secretary, as the case may be, of any modification of 
the proposed transliteration of a candidate's own name or decline to have the candidate's own 
name transliterated on the ballot. The transliteration shall be subject to final approval by the 
board or the state secretary, as the case may be. The board or state secretary shall provide 
public notice of transliterated names as soon as practicable. 

SECTION 6. The city shall record the number of bilingual ballots in English and 
Chinese and in English and Vietnamese that are printed, requested or used in all elections 
held in the city. 

SECTION 7. This act shall take effect on January 1, 201 1. 

SECTION 8. This act shall expire on December 31,2013. 

SECTION 9. Notwithstanding any general or special law to the contrary, any costs 
resulting from implementation of this act shall be borne by the city of Boston. The state 
secretary shall enter into an agreement with the city of Boston regarding such costs before 
such implementation. 

Approved July 31, 2010. 



Chapter 202. AN ACT REGULATING THE USE OF OFF-HIGHWAY AND 
RECREATION VEHICLES 

Be it enacted, etc., as follows: 

SECTION 1. Chapter 10 of the General Laws is hereby amended by inserting after 
section 35NN the following section:- 

Section 3500. (a) There shall be established and set up on the books of the 
commonwealth an Off-Highway Vehicle Program Fund. Notwithstanding the provisions 
relative to the distribution of fines, penalties and forfeitures in section 10G of chapter 21 A 
to the contrary, there shall be credited to the fund all of the fees collected pursuant to section 
22 of chapter 90B, 75 per cent of all fines, costs, forfeitures, expenses and interest imposed 
pursuant to section 21 and sections 24 to 32, inclusive, of said chapter 90B and pursuant to 
the fourth paragraph of section 1 OH of chapter 2 1 A, any revenue from appropriations or other 
monies authorized by the general court and specifically designated to be credited to the fund, 
any appropriation or grant explicitly made to the fund and any income derived from the 
investment of amounts credited to the fund. The remaining 25 per cent of the fines, costs, 
forfeitures, expenses and interest imposed pursuant to said section 2 1 and said sections 24 
to 32, inclusive of said chapter 90B and pursuant to the fourth paragraph of section 10H of 
chapter 2 1 A shall be distributed equally among the division, departments or offices involved 
or to the division, department or office if a single law enforcement agency was involved. 



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Chap. 202 

(b) The secretary of energy and environmental affairs, as trustee, shall administer the 
fund. All amounts credited to the fund may be expended, without further appropriation, for 
use by the office of environmental law enforcement, the department of conservation and 
recreation, the department offish and game and the department of environmental protection 
for the following purposes: (i) the enforcement of statutes, regulations and policies applicable 
to off-highway vehicles; (ii) the acquisition of land for use as commonwealth-approved trails 
and facilities for off-highway vehicles or for the development, maintenance, repair or 
restoration of commonwealth-approved trails and facilities; (iii) grants made by the 
department of conservation and recreation to municipalities and other public entities for the 
purposes of clauses (i) and (ii); (iv) the development and administration of safety, training 
and education programs relative to off-highway vehicles; and (v) other off-highway program 
activities, including all direct and indirect costs of personnel or contractors of the office of 
environmental law enforcement, the department of conservation and recreation, the 
department of fish and game and the department of environmental protection; provided, 
however, that the secretary of energy and environmental affairs shall report annually, not 
later than January 1 5, to the house and senate committees on ways and means and the joint 
committees on environment, natural resources and agriculture, transportation and public 
safety and homeland security relative to the source and amount of funds deposited into the 
fund, the amount distributed to each department and the purpose and recipient of 
expenditures from the fund. 

(c) Monies deposited into the fund that are unexpended at the end of the fiscal year 
shall not revert to the General Fund and shall be available for expenditure in the subsequent 
fiscal year. 

(d) Not less than 25 per cent of the monies deposited in the fund shall be expended 
on a fiscal year basis for the activities identified in clause (ii) of subsection (b) or for grants 
made pursuant to clause (iii) of subsection (b) to fund the activities identified in clause (ii) 
of subsection (b). Monies that are deposited in the fund that are unexpended at the end of 
the fiscal year shall not revert to the General Fund and shall be available for expenditure in 
the subsequent fiscal year. 

SECTION 2. Section 10H of chapter 21 A of the General Laws, as appearing in the 
2008 Official Edition, is hereby amended by inserting after the third paragraph the following 
paragraph:- 

A person notified to appear before the clerk of a district court as provided in section 
1 0G for a violation of sections 2 1 to 24, inclusive, of said chapter 90B may so appear within 
the time specified and pay a fine of $250. 

SECTION 3. Said chapter 2 1 A is hereby further amended by striking out section 1 1 , 
as so appearing, and inserting in place thereof the following section:- 

Section 11. There shall be within the office of law enforcement a boating safety 
advisory board. The board shall consist of 5 members to be appointed by the governor, 2 of 
whom shall be representatives of the boating public, each of whom shall hold a certificate 



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Chap. 202 

of number issued pursuant to section 3 of chapter 90B; 1 of whom may represent the 
harbormaster's association; and 2 of whom shall represent the recreational boating business, 
1 of whom shall operate a boat dealership. Each member shall serve for a term of 3 years. 
The chair of the board shall be appointed from among the 5 members, annually by the 
governor and, in the absence of same, shall be designated by the director. Board members 
shall be appointed or reappointed for terms of 3 years. 

The boating safety advisory board shall meet at least quarterly and 3 members in 
attendance shall constitute a quorum. The chiefs of enforcement of the coastal enforcement 
bureau and the inland enforcement bureau established under section 6 of chapter 2 1 , or their 
designees, shall attend all meetings of the board and shall provide such information as the 
board shall request. 

The board shall review the budgetary recommendations of the director and the 
secretary of energy and environmental affairs concerning the expenditure of federal funds 
allocated to the division for recreational boating safety each fiscal year prior to the 
submission of such recommendations to the secretary or the governor, as the case may be. 
In the event the board disapproves of any such recommendation it may file a report noting 
its objection and such report shall be transmitted to the governor and to the house and senate 
committees on ways and means. 

SECTION 4. Said chapter 21 A is hereby further amended by adding the following 
section:- 

Section 23. There is hereby established within the executive office of energy and 
environmental affairs a state off-highway vehicle advisory committee. The committee shall 
advise the secretary and the department of conservation and recreation, the department offish 
and game, the department of environmental protection and the office of environmental law 
enforcement on matters involving the commonwealth's regulation of off-highway vehicles, 
as defined in section 20 of chapter 90B, including the development and enforcement of state 
regulations and policies, safety and training programs and the distribution of available state 
funding. The committee shall consist of 13 members to be appointed by the secretary, 3 of 
whom shall be representatives of off-highway vehicle users, 1 of whom shall be a 
representative of the New England Trail Rider Association; 1 of whom shall be a 
representative of the Specialty Vehicle Industry Association and the Massachusetts 
Powersport Dealers Association; 1 of whom shall be a representative of the department of 
public health; 1 of whom shall be a representative of child safety advocates associated with 
the safe use of off-highway vehicles; 1 of whom shall be a representative of the Snowmobile 
Association of Massachusetts, Inc.; 2 of whom shall be representatives of a nonprofit 
organization that owns and manages land open to the public; 1 of whom shall be a 
representative of an association or organization of large private land owners; 1 of whom shall 
be a member of a friends group of the Massachusetts Forest and Parks Network; and 2 of 
whom shall be representatives of state or local law enforcement authorities. Members shall 
serve without compensation. Members shall be appointed for terms of 3 years. 



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Chap. 202 

The committee shall select a chair annually by a majority vote of the members. The 
committee shall meet at least twice each year and shall also meet at the request of the 
secretary or the committee chair. 

SECTION 5. Section 20 of chapter 90B of the General Laws, as appearing in the 
2008 Official Edition, is hereby amended by striking out the definition of "Law enforcement 
officer" and inserting in place thereof the following 3 definitions:- 

"All-terrain vehicle", a motorized recreational vehicle designed or modified for travel 
on 4 low pressure tires and having a seat designed to be straddled by the operator and 
handlebars for steering control. 

"Directly supervised", the supervising adult shall be sufficiently close to the operator 
at all times that the operator's vehicle is in operation, such that a reasonable person acting 
as supervisor under the totality of the circumstances including, but not limited to, vehicle and 
ambient noise, the landscape, topography and geography of the location, and the operator's 
wearing of protective headgear, would reasonably believe that he is maintaining visual 
contact and verbal communication with the operator. 

"Law enforcement officer", the director, a deputy director of enforcement, a chief of 
enforcement, a deputy chief of enforcement, an environmental police officer and a deputy 
environmental police officer of the office of environmental law enforcement, the registrar 
or an authorized agent thereof, a police officer, a member of the state police, a city or town 
police officer or an employee of the commonwealth having police powers on public lands. 

SECTION 6. Said section 20 of said chapter 90B, as so appearing, is hereby further 
amended by striking out the definition of "Recreation vehicle" and inserting in place thereof 
the following 2 definitions:- 

"Recreation utility vehicle" or "utility vehicle", a motorized flotation tire vehicle with 
not less than 4 and not more than 6 low pressure tires that is limited in engine displacement 
to less than 1,500 cubic centimeters and in total dry weight to not more than 1,800 pounds 
and that has a seat that is of bench design, not intended to be straddled by the operator, and 
a steering wheel for control. 

"Recreation vehicle" or "off-highway vehicle", any motor vehicle designed or 
modified for use over unimproved terrain for recreation or pleasure while not being operated 
on a public way as defined in chapter 90 including, but not limited to, all-terrain vehicles, 
off-highway motorcycles, dirt bikes, recreation utility vehicles and all registered motor 
vehicles while not being operated on a public way as defined in said chapter 90; provided, 
however, that recreation vehicles and off-highway vehicles operated exclusively for 
agricultural, forestry, lumbering or construction purposes shall not be subject to this chapter 
and it shall be an affirmative defense that such vehicle was being operated for such purposes 
at the time of an alleged violation of this chapter. 

SECTION 7. Said chapter 90B is hereby further amended by striking out section 2 1 , 
as so appearing, and inserting in place thereof the following section :- 

Section 21 . No person under 1 8 years of age shall operate a recreation vehicle unless 
he has successfully completed a recreation vehicle safety and responsibility course approved 



889 



Chap. 202 

by the director of environmental law enforcement. Such course shall include, but shall not 
be limited to, notification of the potential criminal penalties and forfeiture process for certain 
violations of law relative to the safe operation of recreation vehicles. A parent or legal 
guardian of an operator of a recreation vehicle under 16 years of age shall participate in at 
least 1 session of the recreation vehicle safety and responsibility course or as required by the 
director. Proof of the successful completion of the course shall be carried on the person of 
the operator while operating a recreation vehicle. Proof of an operator's successful 
completion of another state's equivalent recreation vehicle safety and responsibility course, 
as determined by the director, shall be valid in the commonwealth. 

SECTION 8. Section 22 of said chapter 90B, as so appearing, is hereby amended 
by striking out the first paragraph and inserting in place thereof the following 2 paragraphs :- 

No person shall operate a snow vehicle or a recreation vehicle unless the vehicle has 
been registered in accordance with this chapter and a registration number assigned by the 
director is displayed on the vehicle. The registration number shall be painted or by means 
of a decal or sticker which is firmly attached to both sides of the cowling of the vehicle and 
located so that both are clearly visible and not obstructed. The registration number displayed 
shall be not less than 3 inches in height and not less than one-half inch in width and shall be 
in a color that is in marked and distinct contrast to the background to which the number is 
applied. The registration number shall be maintained in a legible condition at all times. A 
motor vehicle license or learner's permit shall not be required for the operation of a snow 
vehicle or a recreation vehicle. 

Application for registration of a snow vehicle or a recreation vehicle shall be made 
by the owner to the director or his agent on such forms as the director shall prescribe and 
shall state the name and address of the owner of the vehicle. No person shall knowingly 
make a false statement in an application for registration of a snow vehicle or recreation 
vehicle. 

SECTION 9. Said section 22 of said chapter 90B, as so appearing, is hereby further 
amended by striking out the third paragraph and inserting in place thereof the following 2 
paragraphs :- 

The fee for initial registration of each such vehicle and for each renewal thereof, other 
than vehicles for which application is made by a manufacturer or dealer as hereinafter 
provided, shall be determined annually by the commissioner of administration as provided 
in section 3B of chapter 7, except that no fee shall be collected for the registration of any 
such vehicle owned by the commonwealth or any political subdivision thereof or a vehicle 
used exclusively for agricultural, forestry, lumbering or construction purposes. 

In the case of a recreation vehicle to be operated exclusively for agricultural, forestry, 
lumbering or construction purposes, the owner of such vehicle may apply for an exemption 
from the registration fee. The application for exemption shall be on a form prescribed by the 
director of law enforcement. If the director is satisfied that the vehicle for which a fee 
exemption is sought is to be operated exclusively for agricultural, forestry, lumbering or 
construction purposes, the director shall grant the application and the owner of such vehicle 



890 



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shall be exempt from the registration fee for such vehicle. If the vehicle ceases to be 
operated exclusively for agricultural, forestry, lumbering or construction purposes, the owner 
shall no longer be exempt from paying such registration fee and shall be required to pay a 
portion of the registration fee for the year in which the exemption no longer applies. A new 
application for a fee exemption shall be required for further fee exemption with an 
application for registration renewal. A fee exemption granted pursuant to this section shall 
not be admissible nor relevant at trial on the question of whether such vehicle was being 
operated for agricultural, forestry, lumbering or construction purposes at the time of an 
alleged violation of this chapter. 

SECTION 10. Section 24 of said chapter 90B, as so appearing, is hereby amended 
by striking out the second and third paragraphs and inserting in place thereof the following 
paragraph:- 

No snow vehicle or recreation vehicle shall be operated which emits noxious fumes 
or makes unusual or excessive noise. No snow vehicle or recreation vehicle manufactured 
on or after January 1, 1998, shall be sold, offered for sale or operated that produces a sound 
pressure level of more than 96 decibels when measured from a distance of 20 inches using 
test procedures established by the Society of Automotive Engineers under Standard J1287 
JUL98 or with such other test procedures for measurement of sound pressure levels as the 
registrar may adopt. No snow vehicle or recreation vehicle manufactured prior to January 1 , 
1 998, shall be offered for sale or operated that produces a sound pressure level of more than 
101 decibels when measured from a distance of 20 inches using test procedures established 
by the Society of Automotive Engineers under Standard J 1 287 JUL98 or with such other test 
procedures for measurement of sound pressure levels as the registrar may adopt. 

SECTION 11. Section 25 of said chapter 90B, as so appearing, is hereby amended 
by striking out the third paragraph and inserting in place thereof the following paragraph :- 

No person under 16 and one-half years of age shall operate a snow vehicle or a 
recreation vehicle across or on a public way unless the operator holds a valid license or right 
to operate a motor vehicle or is directly supervised by a person 1 8 years of age or older. An 
operator of a snow vehicle or a recreation vehicle that meets the requirements of the 
preceding sentence shall, after coming to a full stop, cross, as directly as possible, a public 
way; provided, however, that for recreation vehicles, the public way and the crossing shall 
be marked and approved for use by recreation vehicles by the applicable state or local 
authorities as part of a publicly or privately authorized recreation vehicle trail system. An 
operator of a snow vehicle or a recreation vehicle shall make the crossing safely and without 
interfering with the free movement of vehicular traffic. An operator of a snow vehicle or a 
recreation vehicle shall yield the right of way to all other vehicular traffic when making such 
crossing; provided, further, that an operator shall not cross a controlled access highway. 

SECTION 12. Said section 25 of said chapter 90B, as so appearing, is hereby further 
amended by inserting after the word "vehicle", in lines 29, 30, 32, 33 and 34, each time it 
appears, the following words:- or recreation vehicle. 



891 



Chap. 202 

SECTION 13. Said chapter 90B is hereby further amended by striking out section 
26, as so appearing, and inserting in place thereof the following section:- 

Section 26. (a) (1) No person under 14 years of age shall operate an all terrain 
vehicle or recreation utility vehicle. This section shall not apply to a person operating a 
recreation vehicle or snow vehicle in preparation for, or while a participant in, a* sanctioned 
race, rally or organized event which is supervised by a person aged 1 8 or older and which has 
been authorized or approved by a municipal permitting authority. It shall be an affirmative 
defense in a delinquency proceeding for a violation of this section that a juvenile was 
supervised by a person aged 1 8 or older while operating such a vehicle within 2 1 days before 
such sanctioned race, rally or organized event or while a participant in such a sanctioned 
race, rally or organized event. 

(2) No person between 14 and 16 years of age shall operate an all-terrain vehicle or 
recreation utility vehicle with an engine capacity greater than 90 cubic centimeters; provided, 
however, that a person between 14 and 1 6 years of age may operate an all-terrain vehicle or 
recreation utility vehicle with an engine capacity equal to or less than 90 cubic centimeters 
if directly supervised by a person 18 years of age or older. 

(b) No person aged 1 8 years of age or older shall knowingly permit another, who is 
under the age of 1 8, to operate a snow vehicle or recreation vehicle in his custody or under 
his control in violation of this chapter. Lack of ownership of the vehicle or mistake as to the 
age of the operator shall not be available defenses to a violation of this section. 

(c) No person operating or in control of a snow vehicle or recreation vehicle shall 
refuse to stop such vehicle after having been requested or signaled to do so by a law 
enforcement officer. No such person shall refuse to give his correct name, address and 
registration number to such officer. 

(d) No person shall operate or ride in or on a snow vehicle or a recreation vehicle or 
ride in or on a sled, inflated tube or similar article attached to such vehicle and which is 
pulled by such vehicle, without wearing protective headgear. Such headgear shall conform 
to minimum standards for construction and performance as the registrar of motor vehicles 
may prescribe. 

(e) No person shall operate a snow vehicle or a recreation vehicle on privately-owned 
property unless: (i) the operator is the owner or lessee or an immediate family member of the 
owner or lessee of the property; (ii) the operator has in his possession either a document, 
signed by the owner or lessee of such property or his agent, authorizing the operation of a 
such vehicle on the property by the operator or valid proof of current membership in a club, 
association or other organization to which express authorization for the operation of such 
vehicles on the property has been granted; provided, however, that such operation shall be 
consistent with the express authorization granted and any restrictions imposed therewith; or 
(iii) the owner or lessee of the property has designated the area for use by such vehicles by 
posting reasonable notice of such designation in a manner approved by the director. 

No person shall operate a snow vehicle or recreation vehicle on publicly-owned 
property except on trails marked and designated for use by such vehicles, or without the ex- 



892 



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press permission of the owner. 

(f) No person shall operate a snow vehicle or a recreation vehicle in a manner that 
harasses or otherwise harms deer or other wildlife. No person shall operate a snow vehicle 
or recreation vehicle in a reforested or planted area in a manner that causes damage to 
growing stock. No person shall operate a snow vehicle or a recreation vehicle in a manner 
that causes damage to public or private property including, but not limited to, lands owned 
or managed by the department of conservation and recreation or the division of fisheries and 
wildlife, wetlands or other waters of the commonwealth, priority habitats delineated as such 
by the division of fisheries and wildlife pursuant to chapter 1 3 1 A, lands used for public water 
supply purposes or historic or archaeological sites. 

(g) No person shall carry a firearm, rifle or shotgun in or on a snow vehicle or 
recreation vehicle or on a trailer or sled attached thereto unless such firearm, rifle or shotgun 
is unloaded and in an enclosed case. This section shall not apply to a law enforcement 
officer or other person with enforcement powers authorized in section 32, or to a paraplegic 
as provided in section 65 of chapter 131. 

(h) No person shall operate a snow vehicle or recreation vehicle after the registration 
has been suspended or revoked. 

SECTION 14. Said chapter 90B is hereby further amended by inserting after section 
26, as appearing in the 2008 Official Edition, the following 5 sections :- 

Section 26 A. (a) Whoever being 2 1 years of age or older operates a snow vehicle or 
recreation vehicle: (1) with a percentage, by weight, of alcohol in his blood of .08 or greater, 
as determined by a chemical test or analysis of his blood or as indicated by a chemical test 
or analysis of his breath pursuant to section 24 of chapter 90; or (2) while under the influence 
of intoxicating liquor, or of marijuana, narcotic drugs, depressants or stimulant substances, 
as defined in section 1 of chapter 94C, or the vapors of glue, shall be punished by a fine of 
not less than $500 nor more than $5,000. 

(b) Whoever being under 21 years of age operates a snow vehicle or recreation 
vehicle: (1) with a percentage, by weight, of alcohol in his blood of .02 or greater, as 
determined by a chemical test or analysis of his blood or as indicated by a chemical test or 
analysis of his breath pursuant to section 24 of chapter 90; or (2) while under the influence 
of intoxicating liquor, or of marijuana, narcotic drugs, depressants or stimulant substances, 
as defined in section 1 of chapter 94C, or the vapors of glue, shall be punished by a fine of 
not less than $500 nor more than $5,000. 

Section 26B. (a) Whoever operates a snow vehicle or recreation vehicle recklessly 
or operates a snow vehicle or a recreation vehicle negligently so that the lives or safety of the 
public might be endangered shall be punished by a fine of not less than $250 nor more than 
$1,000. 

(b) Whoever operates a snow vehicle or recreation vehicle and, without stopping and 
making known his name, address and the registration number of his snow vehicle or 
recreation vehicle, leaves the scene after knowingly colliding with or otherwise causing 
injury to another snow vehicle or recreation vehicle or property shall be punished by a fine 



893 



Chap. 202 

of not less than $250 nor more than $1,000; provided, however, that the damage to property 
shall be greater than $500. 

(c) Whoever operates a snow vehicle or a recreation vehicle and, without stopping 
and making known his name, address and the registration number of his snow vehicle or 
recreation vehicle, leaves the scene after knowingly colliding with or otherwise causing 
bodily injury to another shall be punished by a fine of not less than $500 nor more than 
$1,000. * 

(d) Whoever operates a snow vehicle or a recreation vehicle recklessly or negligently 
so that the lives or safety of the public might be endangered and, by such operation, causes 
serious bodily injury, shall be punished by imprisonment in a jail or house of correction for 
not more than 2 and one-half years or by a fine of not less than $300 nor more than $5,000, 
or by both such fine and imprisonment. For the purposes of this section "serious bodily 
injury" shall mean bodily injury which creates a substantial risk of death or which involves 
either total disability or the loss or substantial impairment of some bodily function for a 
substantial period of time. 

(e) Whoever operates a snow vehicle or a recreation vehicle recklessly or negligently 
so that the lives or safety of the public might be endangered, and by such operation causes 
the death of another person, shall be punished by imprisonment in a jail or house of 
correction for not more than 2 and one-half years or by imprisonment in the state prison for 
not more than 5 years or by a fine of not more than $5,000, or by both such fine and 
imprisonment. 

Section 26C. (a) Upon a conviction or adjudication by reason of a violation of 
subsections (c) to (e), inclusive, of section 26B or upon a second or subsequent conviction 
or adjudication of delinquency for violation of section 26, or any combination thereof, a 
snow vehicle or recreation vehicle used in the commission of such violation or violations 
shall be subject to forfeiture. 

(b) A district attorney or the attorney general may petition the superior or district 
court in the name of the commonwealth in the nature of a proceeding in rem to order 
forfeiture of such snow vehicle or recreation vehicle. The petition shall be filed in the court 
having jurisdiction over the criminal proceeding brought under this section. The proceeding 
shall be deemed a civil suit in equity. In all such actions in which the snow vehicle or 
recreation vehicle is jointly owned before the date of the violation committed by the 
defendant by either a parent, spouse, child, grandparent, brother, sister or parent of the spouse 
living in the defendant's household, the commonwealth shall have the burden of proving to 
the court the existence of probable cause to institute the action. 

(c) The court shall order the commonwealth to give notice by certified or registered 
mail to the owners of the snow vehicle or recreation vehicle and to such other persons or 
entities who appear to have an interest therein, and the court shall promptly, but not less than 
2 weeks after notice, hold a hearing on the petition. Upon the motion of an owner of the 
snow vehicle or recreation vehicle, the court may continue the hearing on the petition 
pending the outcome of a criminal trial related to the violation. During the pendency of the 



894 



Chap. 202 

proceedings, the court may issue at the request of the commonwealth ex-parte any 
preliminary order or process as is necessary to seize or secure the property for which 
forfeiture is sought and to provide for its custody. Process for seizure of the property shall 
issue only upon a showing of probable cause, and the application therefor and the issuance, 
execution and return thereof shall be subject to chapter 276, as applicable. 

(d) At a hearing under this section, the court shall hear evidence and make findings 
of fact and conclusions of law and shall issue a final order from which the parties shall have 
such right of appeal as from a decree in equity. No forfeiture under this section shall 
extinguish a perfected security interest held by a creditor in the property at the time of the 
filing of the forfeiture action. In all actions where a final order results in forfeiture, the final 
order shall provide for disposition of the property by the commonwealth or any subdivision 
thereof in any manner not prohibited by law, including official use by an authorized law 
enforcement or other agency, or at sale at public auction or by competitive bidding, with the 
sale being conducted by the office of the district attorney or the attorney general that obtained 
the final order of forfeiture. 

(e) The final order of the court shall provide that the proceeds of any such sale shall 
be used to pay the reasonable expenses of the forfeiture proceedings, seizure, storage, 
maintenance of custody, advertising and notice, and 75 per cent of the balance of any 
proceeds shall be deposited into the Off-Highway Vehicle Program Fund, established in 
section 3500 of chapter 1 and the remaining 25 per cent shall be distributed equally by the 
court among the division, departments or offices involved in the seizure or to the division, 
department or office if a single law enforcement agency was involved. 

(f) Any moneys and proceeds received by a division, department or office pursuant 
to this section may be expended without further appropriation to defray the costs of 
investigations, to provide additional technical equipment or expertise, to provide matching 
funds to obtain federal grants or to accomplish such other law enforcement, environmental 
or public recreational purposes as the head of such division, department or office deems 
appropriate, but such funds shall not be considered a source of revenue to meet the operating 
needs of such division, department or office. 

Section 26D. A summons may be issued instead of a warrant for arrest upon a 
complaint for a violation of section 26A or 26B if in the judgment of the court or justice 
receiving the complaint there is reason to believe that the defendant will appear upon a 
summons. Nothing in this section shall limit a law enforcement officer's power to arrest 
under any other provisions of the General Laws or at common law. 

Section 26E. (a) Any person age 18 or older with custody or control of a snow 
vehicle or recreation vehicle, who knowingly permits another, who is under the age of 18, 
to operate such vehicle shall be held liable, jointly and severally with the operator, for any 
damage or injuries caused by such operator's operation of the vehicle and for any fines, 
penalties or restitution resulting therefrom. 

(b) An owner of a snow vehicle or recreation vehicle or other person who knowingly 



895 



Chap. 202 

permits a person 18 years of age or older to operate a snow vehicle or a recreation vehicle 
in violation of this chapter shall be held liable, jointly and severally, with the operator, for 
any damage or injuries caused by such operator's negligent operation and for any fines, 
penalties or restitution resulting therefrom. 

(c) Lack of ownership of the vehicle or mistake as to the age of the operator shall not 
be defenses in an action filed pursuant to this section. 

SECTION 15. Said chapter 90B is hereby amended by inserting after section 28, as 
so appearing, the following 2 sections:- 

Section 28A. Notwithstanding section 28, upon conviction of, or adjudication of 
delinquency by reason of a violation of subsections (c)to (e), inclusive, of section 26B the 
registrar shall immediately suspend the operator's license or right to operate a motor vehicle 
and the director shall revoke the registration of any snow vehicle or recreation vehicle issued 
to such person. The registrar, after having suspended or revoked the license or right to 
operate of a person pursuant to this section, shall issue a new license or reinstate the right to 
operate of such person if the prosecution or adjudication of such person is terminated in favor 
of the defendant or juvenile and the director shall issue a new registration number if a vehicle 
was registered to such person. The registrar may, after an investigation or upon a hearing, 
issue a new license or reinstate the right to operate and the director may issue a new snow 
vehicle or recreation vehicle registration number to a person convicted or adjudicated 
delinquent for a violation of said subsections (c) to (e), inclusive, of said section 26B; 
provided, however, that no such license, right to operate or registration shall be reinstated by 
the registrar or issued by the director to any person so convicted or adjudicated delinquent 
by reason of said subsection (c) or (d) of said section 26B until 1 year after the date of 
suspension or revocation following his original conviction or adjudication of delinquency if 
for a first offense or until 2 years after the date of suspension or revocation if for a 
subsequent conviction or adjudication of delinquency, or to any person convicted of or 
adjudicated delinquent by reason of subsection (e) of said section 26B until 5 years after the 
date of suspension or revocation following his original conviction or adjudication if for a first 
offense, or until 1 5 years after the date of suspension or revocation if for a subsequent 
conviction or adjudication. 

If the person so convicted or adjudicated is under age 17 at the time of a conviction 
or adjudication of delinquency under subsections (c) to (e), inclusive, of section 26B, 
inclusive, and he has not been issued a license or right to operate or has not been issued a 
snow vehicle or recreation vehicle registration number, neither the registrar nor the director 
shall issue such license or right to operate a motor vehicle or a snow vehicle or recreation 
vehicle registration until the time periods provided in the previous paragraph have passed and 
calculation of such time period shall not commence to run until such person reaches age 16 
for purposes of issuance of a right to operate a motor vehicle and 16 and one-half for 
purposes of issuance of a license to operate a motor vehicle and for issuance of a snow 
vehicle or recreation vehicle registration number. 



896 



Chap. 202 

Section 28B. Notwithstanding section 28, upon conviction of, or adjudication of 
delinquency by reason of a violation of section 26 A, the registrar shall immediately suspend 
the operator's license or right to operate a motor vehicle and the director shall revoke the 
registration of any snow vehicle or recreation vehicle issued to such person. The registrar, 
after having suspended or revoked the license or right to operate of any person under this 
section, shall issue a new license or reinstate the right to operate and the director shall issue 
a new registration number, if the prosecution or adjudication of delinquency of such person 
is terminated in favor of the defendant or juvenile. The registrar may, after an investigation 
or upon hearing, issue a new license or reinstate the right to operate and the director may 
issue a new snow vehicle or recreation vehicle registration number to a person so convicted 
of or adjudicated delinquent by means of a violation of said section 26A; provided, however, 
that no such license or right to operate shall be issued by the registrar nor shall a registration 
number be issued by the director to a person convicted of a violation of subsection (a) of said 
section 26A, for a first offense, until 1 year after the date of suspension or revocation 
following his original conviction, or from the date of his original conviction if the person is 
unlicensed or has not been issued the right to operate or, for a subsequent offense, until 2 
years after the date of such suspension, revocation or conviction, or to any person convicted 
of or adjudicated delinquent for a violation of subsection (b) of said section 26 A, for a first 
offense, until 2 years after the date of suspension or revocation or, if the person is unlicensed 
or has not been issued a right to operate, until 2 years after the date of his original conviction 
or adjudication or, for a subsequent offense, until 3 years after the date of such suspension, 
revocation, conviction or adjudication; provided, however, that a person whose license or 
right to operate was suspended due to a conviction of said subsection (a) of said section 26A 
may, after the expiration of 3 months from the date of conviction, apply for and shall be 
granted a hearing before the registrar for the purpose of requesting the issuance of a new 
license for employment or educational purposes, which license shall be effective for not more 
than an identical 12-hour period every day on the grounds of hardship and a showing by the 
person that the causes of the present and past violations have been dealt with or brought 
under control, and the registrar may, in his discretion, issue such license or right to operate 
under such terms and conditions as he deems appropriate and necessary; and provided 
further, that such person may, after the expiration of 6 months from the date of conviction, 
apply for and shall be granted a hearing before the registrar for the purpose of requesting the 
issuance of a new license or right to operate on a limited basis on the grounds of hardship 
and a showing by the person that the causes of the present and past violations have been dealt 
with or brought under control and the registrar may, in his discretion, issue such a license or 
right to operate under such terms and conditions as he deems appropriate and necessary. 

If the person so convicted or adjudicated is under age 17 at the time of such 
conviction or adjudication and has not been issued a license or right to operate or a snow 
vehicle or recreation vehicle registration number, the registrar* shall not issue such license or 
right to operate a motor vehicle and the director shall not issue a snow or recreation vehicle 



897 



Chap. 202 

registration until the time periods provided in the previous paragraph have passed but the 
calculation of such time period shall not commence until such person reaches age 1 6 for 
purposes of issuance of a right to operate a motor vehicle and 16 and one-half for purposes 
of issuance of a license to operate a motor vehicle and for issuance of a snow vehicle or 
recreation vehicle registration number. 

SECTION 16. The first paragraph of section 32 of said chapter 90B, as so 
appearing, is hereby amended by striking out the first and second sentences and inserting in 
place thereof the following sentence:- Sections 21 to 34, inclusive, and the rules and 
regulations promulgated thereunder shall be enforced by law enforcement officers; provided, 
however, that any investigation, arrest or decision to seek application for complaint relative 
to a violation of subsections (c) to (e), inclusive, of section 26B shall be executed by a law 
enforcement officer who has successfully completed minimum training requirements for the 
enforcement of such sections as determined by the secretary of public safety and security. 

SECTION 17. Said chapter 90B is hereby further amended by striking out section 

34, as so appearing, and inserting in place thereof the following section:- 

Section 34. Whoever violates any provision of sections 21 to 24, inclusive, or any 
rule or regulation made thereunder, shall be punished by a fine of not less than $250 nor 
more than $500. 

Whoever violates subsections (e) to (h), inclusive, of section 26 shall be punished by 
a fine of not less than $250 nor more than $1,000. 

Whoever violates any provision of section 25 or subsections (a) to (d), inclusive, of 
section 26 shall be punished for a first offense, by a fine of $250, and for a second or 
subsequent offense, by a fine of not less than $500 nor more than $2,500, and the snow 
vehicle or recreation vehicle in use at the time of such second or subsequent offense shall be 
subject to forfeiture under section 26C. 

SECTION 18. Said chapter 90B is hereby further amended by striking out section 

35, as so appearing, and inserting in place thereof the following section :- 

Section 35. Notwithstanding the provisions relative to the distribution of fines, 
penalties and forfeitures in section 10G of chapter 21 A to the contrary, of the fines collected 
by the commonwealth pursuant to a violation of the fourth paragraph of section 1 OH of 
chapter 21 A and section 21 and sections 24 to 32, inclusive, 75 per cent shall be deposited 
into the Off-Highway Vehicle Program Fund, established in section 3500 of chapter 1 0, and 
the remaining 25 per cent shall be distributed equally among the divisions, departments or 
offices involved in the enforcement of the laws which resulted in the assessment of such 
fines. 

SECTION 19. Chapter 242 of the General Laws, as appearing in the 2008 Official 
Edition, is hereby amended by inserting after section 7A the following section:- 

Section 7B. (a) Any person operating an off-highway or recreational vehicle who 
damages or destroys a field crop product and agricultural property situated on the land of 
another shall be liable to the owner of such product in tort. 



898 



Chap. 202 

(b) A party awarded judgment under this section shall be entitled to damages in an 
amount up to, but not greater than, 3 times the amount assessed for the removal, damage or 
destruction of the farm crop product and agricultural property, plus attorney fees and 
litigation costs. In assessing damages under this section, the court shall consider the market 
value of the field crop product and agricultural property prior to its removal, damage or 
destruction and all costs directly related to the production, research, testing, replacement and 
development of the field crop product and agricultural property. 

(c) Damages awarded under this section shall not limit remedies available under 
chapter 266 or under any other applicable local, state or federal law. 

(d) Liability under this section shall not apply to any federal, state or local 
government agency, or to any employee of any such agency acting in the course of his 
employment. 

(e) For purposes of this section, a "field crop product" shall mean any product of the 
soil that is grown in the context of a research or product development program in conjunction 
or coordination with a private research facility or a university, any federal, state or local 
governmental agency or any crop produced for commercial purposes on an agricultural 
operation as defined by Section 1 A of chapter 128. 

(f) For purposes of this section, an "agricultural property" shall mean any implement 
of husbandry, structure used for the conveyance of water or structure used in the production, 
growing or processing of field crop products or for keeping and raising of livestock. 

SECTION 20. Section 121 A of chapter 266 of the General Laws, as so appearing, 
is hereby amended by striking out, in line 6, the words "two hundred and fifty dollars" and 
inserting in place thereof the following figure:- $500. 

SECTION 21 . Notwithstanding any general or special law to the contrary, in making 
initial appointments to the off-highway vehicle advisory committee established pursuant to 
section 23 of chapter 21 A, added by section 4 of this act, the secretary of energy and 
environmental affairs shall appoint 4 members to serve for a term of 1 year, 4 members to 
serve for a term of 2 years and 5 members to serve for a term of 3 years. 

SECTION 22. The director of law enforcement in the executive office of energy and 
environmental affairs may, after consultation with the off-highway vehicle advisory 
committee and a public hearing, promulgate regulations consistent with this act including, 
but not limited to, increasing the age at which persons may operate all-terrain vehicles or 
regulating the engine size and speed capabilities of such vehicles, based on the age of the 
operator. 

SECTION 23. On or before February 1, 201 1, the director of law enforcement in 
the executive office of energy and environmental affairs shall amend regulations of the 
division that are inconsistent with this act. 

SECTION 24. On or before November 1 , 2010, the director of law enforcement in 
the executive office of energy and environmental affairs shall prescribe forms for application 
for registration fee exemption for vehicles used exclusively for agricultural, forestry, 
lumbering or construction purposes under section 22 of chapter 90B of the General Laws. 



899 



Chap. 202 

SECTION 25. On or before November 1, 2010, the director of law enforcement in 
the executive office of energy and environmental affairs shall adopt minimum training 
requirements for law enforcement officers, except state and municipal police officers, as 
required by section 32 of chapter 90B of the General Laws. 

SECTION 26. Section 7 shall take effect on February 1 , 201 1 ; provided, however, 
that no operator of a snow vehicle or recreation vehicle shall be assessed a penalty for 
violation of section 22 of chapter 90B of the General Laws until May 1, 201 1. 

SECTION 27. The provisions of subsections (b) and (c) of section 26B of chapter 
90B of the General Laws prohibiting an operator of a snow vehicle or recreation vehicle from 
leaving the scene after causing injury to property or to a person without making known his 
registration number shall take effect on February 1,2011. Nothing in this section shall affect 
the prohibition in said subsections (b) and (c) of said section 26B of said chapter 90B against 
an operator leaving the scene after causing injury to property or to a person without stopping 
and making known his name, address and registration number on or after October 1, 2010. 

Approved July 31, 2010. 



Chapter 203. AN ACT EXTENDING SIMULCASTING. 

Whereas, The deferred operation of this act would tend to defeat its purpose, which 
is to further regulate simulcasting forthwith, therefore it is hereby declared to be an 
emergency law, necessary for the immediate preservation of the public convenience. 

Be it enacted, etc., as follows: 

SECTION 1. The first paragraph of section 12A of chapter 494 of the acts of 1978 
is hereby amended by striking out the words "and until July 31, 2010", inserted by section 
1 of chapter 167 of the acts of 2009, and inserting in place thereof the following words:- and 
until July 31, 2011. 

SECTION 2. The last paragraph of said section 1 2 A of said chapter 494 is hereby 
amended by striking out the words "July 3 1 , 20 1 0", inserted by section 2 of said chapter 1 67, 
and inserting in place thereof the following words: -July 31, 201 1. 

SECTION 3. The introductory paragraph of section 1 3 of said chapter 494 is hereby 
amended by striking out the words "and until July 31, 2010", inserted by section 3 of said 
chapter 167, and inserting in place thereof the following words:- and until July 31, 201 1. 

SECTION 4. Section 1 5 of said chapter 494 is hereby amended by striking out the 
words "and until July 31, 2010", inserted by section 4 of said chapter 167, and inserting in 
place thereof the following words:- and until July 31, 201 1. 



900 



Chap. 203 

SECTION 5. The first paragraph of section 9 of chapter 277 of the acts of 1986 is 
hereby amended by striking out the words "and until July 31, 2010", inserted by section 5 
of said chapter 167, and inserting in place thereof the following words:- and until July 31, 
2011. 

SECTION 6. The first sentence of the first paragraph of section 3 of chapter 1 14 of 
the acts of 1991 is hereby amended by striking out the words "and until July 31, 2010", 
inserted by section 6 of said chapter 167, and inserting in place thereof the following words:- 
and until July 31, 2011. 

SECTION 7. The last paragraph of said section 3 of said chapter 1 14 is hereby 
amended by striking out the words "July 3 1 , 20 1 0", inserted by section 7 of said chapter 1 67, 
and inserting in place thereof the following words:- July 31, 201 1. 

SECTION 8. The first paragraph of section 4 of said chapter 1 14 is hereby amended 
by striking out the words "and until July 31,201 0", inserted by section 8 of said chapter 1 67, 
and inserting in place thereof the following words:- and until July 3 1, 201 1 . 

SECTION 9. The last paragraph of said section 4 of said chapter 1 14 is hereby 
amended by striking out the words "July 3 1 , 20 1 0", inserted by section 9 of said chapter 1 67, 
and inserting in place thereof the following words: -July 3 1 , 201 1 . 

SECTION 10. The first paragraph of section 5 of said chapter 114 is hereby 
amended by striking out the words "and until July 31, 2010", inserted by section 10 of said 
chapter 167, and inserting in place thereof the following words:- and until July 31, 201 1. 

SECTION 11. Section 13 of chapter 101 of the acts of 1992 is hereby amended by 
striking out the words "July 31, 2010", inserted by section 11 of said chapter 167, and 
inserting in place thereof the following words:- July 3 1 , 201 1 . 

SECTION 12. Section 45 of chapter 139 of the acts of 2001 is hereby amended by 
striking out the words "July 31, 2010", inserted by section 12 of said chapter 167, and 
inserting in place thereof the following words:- July 3 1, 201 1 . 

SECTION 13. Section 20 of chapter 449 of the acts of 2006 is hereby amended by 
striking out the words "July 31, 2010", inserted by section 13 of said chapter 167, and 
inserting in place thereof the following words:- July 3 1, 201 1 . 

SECTION 14. Section 24 of chapter 167 of the acts of 2009 is hereby amended by 
striking out the words "July 31, 2010" and inserting in place thereof the following words:- 
July31,2011. 

SECTION 15. Notwithstanding section 2 of chapter 128 A of the General Laws and 
sections 1,2 and 2 A of chapter 128C of the General Laws or any other general or special law 
or rule or regulation to the contrary, the greyhound meeting licensee located in Bristol county 
and the greyhound meeting licensee located in Suffolk county licensed to conduct live racing 
pursuant to said chapter 128 A and simulcast wagering pursuant to said chapter 128C in 
calendar year 2009, shall remain licensed as greyhound racing meeting licensees until 
July 3 1 , 201 1 ; provided, however, that the days between January 1 , 201 and July 3 1 , 201 1 
shall be dark days under said chapter 128C and the licensees shall continue to be precluded 



901 



Chap. 203 

from conducting live racing during that period and as provided in chapter 388 of the acts of 
2008; provided further, that all simulcasts shall comply with the Interstate Horse Racing Act 
of 1978, 15U.S.C. Sec. 3001etseq. or other applicable federal law; provided further, that 
all simulcasts from states which have racing associations that do not require approval in 
compliance with the Interstate Horse Racing Act of 1978, 1 5 U.S.C. Sec. 3004 (a) (1) (A), 
except simulcasts during the month of August, shall require the approval of the New England 
Horsemen's Benevolent and Protective Association prior to being simulcast to a racing 
meeting licensee within the commonwealth; and provided further, that if the association 
agrees to approve the simulcast for 1 racing meeting licensee, it shall approve the simulcast 
for all otherwise eligible racing meeting licensees. 

Approved August 1, 2010. 



Chapter 204. AN ACT AUTHORIZING CERTAIN DEVELOPMENT IN THE FORT 
POINT CHANNEL IN THE CITY OF BOSTON. 

Whereas, The deferred operation of this act would tend to defeat its purpose, which 
is to allow forthwith for the granting of a chapter 91 license to the Boston Redevelopment 
Authority, therefore it is hereby declared to be an emergency law, necessary for the 
immediate preservation of the public convenience. 

Be it enacted, etc., as follows: 

SECTION 1. Notwithstanding sections 14 and 34 of chapter 91 of the General Laws 
or any other general or special law to the contrary, the department of environmental 
protection may grant licenses to the Boston Redevelopment Authority and any co-applicant 
that otherwise fulfills the requirements for a chapter 91 license, as determined by the 
department of environmental protection, to construct, maintain and repair pile-supported and 
floating publicly-accessible structures, including related utilities, as contemplated in "The 
Boston Inner Harbor Passenger Water Transportation Plan", dated January, 2000, prepared 
by Boston Redevelopment Authority, or as contemplated in "The Fort Point Channel 
Watersheet Activation Plan", dated May, 2002, prepared by the Boston Redevelopment 
Authority, as the same may be amended from time to time, which projects are located in 
whole or in part beyond the harbor line of the Fort Point Channel, such harbor line as 
established in prior legislative acts including, but not limited to, chapter 35 of the acts of 
1840, chapter 170 of the acts of 1880 and chapters 402 and 403 of the acts of 1939. 

SECTION 2. A final plan showing the specific location of the projects, located in 
whole or in part beyond the Fort Point Channel harbor line, shall be incorporated into any 
waterways license issued under this act. Plans showing the location of the projects shall be 
prepared for the department of environmental protection and shall be on file at the 
department for public inspection, as required by chapter 91 of the General Laws and any 
accompanying regulations. 

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Chap. 204 

SECTION 3. Nothing in this act shall be construed to exempt any project from 
substantive or procedural requirements of chapter 91 of the General Laws and any accom- 
panying regulations, other than the exemption permitted in this act from the harbor line 
requirements of sections 14 and 34 of said chapter 91. 

Approved August 3, 2010. 



Chapter 205. AN ACT EST ABLISHING THE ESSEX COUNTY COMMISSION ON 
THE STATUS OF WOMEN. 

Be it enacted, etc., as follows: 

There shall be a commission on the status of women in Essex county consisting of 
9 persons to be appointed by the Massachusetts commission on the status of women. The 
commission shall conduct an ongoing study of all matters concerning women in Essex 
county. The commission shall report their findings to the Massachusetts commission on the 
status of women annually, not later than June 2, and recommend solutions to the problems 
facing the women of Essex county. The Massachusetts commission on the status of women 
shall make such appointments to the Essex commission from a pool of applicants who reside 
in Essex county. Members shall serve for a term of 3 years and until their successors are 
appointed and may be reappointed for 2 consecutive terms. After the completion of 2 
consecutive terms, former members may reapply to serve on the commission after a year has 
passed since their last term. The initial members of the Essex county commission on the 
status of women shall be appointed for the following terms: 3 members for a term of 1 year, 
3 members for a term of 2 years and 3 members for a term of 3 years. Vacancies in the 
membership of the commission shall be filled by the Massachusetts commission on the status 
of women for the balance of the unexpired term. Appointments by the Massachusetts 
commission on the status of women to the Essex county commission on the status of women 
shall be made in consultation with women's organizations. Nominations shall be solicited 
between August 1 and September 16 annually through an open application that is widely 
distributed throughout Essex county. Members of the commission shall represent diverse 
backgrounds and reside in different municipalities in Essex county. Members shall serve on 
the commission as volunteers and shall not be compensated. The commission shall elect 
from among its members a chair, a vice chair, a treasurer and any other officers it deems 
necessary to effectuate the purposes of the commission. 

Approved August 3, 2010. 



Chapter 206. AN ACT AUTHORIZING THE BOSTON PARKS AND RECREA- 
TION COMMISSION TO LEASE CERTAIN REAL PROPERTY. 

Be it enacted, etc., as follows: 

903 



Chap. 206 

Notwithstanding any general or special law to the contrary and pursuant to chapter 
365 of the acts of 1897, the Boston parks and recreation commission, consistent with 
established procedures and as provided herein, may lease real property or buildings under its 
control and supervision to any person or organization if the commission makes a 
determination that such lease will adequately ensure the preservation and maintenance of a 
historic property for park-related purposes and that such lease shall otherwise be consistent 
with the commission's duties and responsibilities. 

Any lease entered into by the commission pursuant to this section shall provide, at 
a minimum, for the following: (a) the improvement, maintenance and management of the 
property by the lessee in conformance with appropriate standards approved by the Boston 
parks and recreation commission and all other applicable provisions of laws; (b) the payment 
to the commission of fair market rent for the property; provided, however, that the value of 
any improvements provided by the lessee under the lease may be partially deducted from the 
amount payable over the term of the lease; (c) a finding by the commission that the property 
covered by the lease, while not needed for use by the commission for the duration of the 
lease, is subject to its statutory authority under chapter 185 of the acts of 1875 to exercise 
control, construct, improve, equip, supervise and regulate the use of all parks, public 
grounds, playgrounds, ways or means of outdoor recreation and that the lease is entered into 
by the department pursuant to that duty; and (d) any other provisions, terms and conditions 
as the commission deems necessary and appropriate to protect the interests of the 
commonwealth and ensure the adequate preservation of the historic or other qualities of the 
property for future generations. 

For the purposes of this act, "historic property" shall mean the comfort station, also 
known as the Duck House, located in the Back Bay/Fens section of the city of Boston and 
the men's comfort station also known as Pink Palace, located on Boston Common. 

The commissioner shall establish guidelines for the execution of leases authorized 
in this act; provided, however, that the guidelines shall at least provide for an open, 
competitive process for selecting lessees. Prior to the implementation of the guidelines, the 
commissioner shall provide a period of public comment. 

Approved August 3, 2010. 



Chapter 207. AN ACT RELATIVE TO INSURANCE COVERAGE FOR AUTISM. 

Be it enacted, etc., as follows: 

SECTION 1. Chapter 32A of the General Laws is hereby amended by adding the 
following section: - 

Section 25. (a) As used in this section the following words shall, unless the context 
clearly requires otherwise, have the following meanings:- 



904 



Chap. 207 

"Actuary", a person who is a member of American Academy of Actuaries and meets 
the academy's professional qualification standards for rendering an actuarial opinion related 
to health insurance rate making. 

"Applied behavior analysis", the design, implementation and evaluation of 
environmental modifications, using behavioral stimuli and consequences, to produce socially 
significant improvement in human behavior, including the use of direct observation, 
measurement and functional analysis of the relationship between environment and behavior. 

"Autism services provider", a person, entity or group that provides treatment of 
autism spectrum disorders. 

"Autism spectrum disorders", any of the pervasive developmental disorders as 
defined by the most recent edition of the Diagnostic and Statistical Manual of Mental 
Disorders, including autistic disorder, Asperger's disorder and pervasive developmental 
disorders not otherwise specified. 

"Board certified behavior analyst", a behavior analyst credentialed by the behavior 
analyst certification board as a board certified behavior analyst. 

"Diagnosis of autism spectrum disorders", medically necessary assessments, 
evaluations including neuropsychological evaluations, genetic testing or other tests to 
diagnose whether an individual has 1 of the autism spectrum disorders. 

"Habilitative or rehabilitative care", professional, counseling and guidance services 
and treatment programs, including, but not limited to, applied behavior analysis supervised 
by a board certified behavior analyst, that are necessary to develop, maintain and restore, to 
the maximum extent practicable, the functioning of an individual. 

"Pharmacy care", medications prescribed by a licensed physician and health-related 
services deemed medically necessary to determine the need or effectiveness of the 
medications, to the same extent that pharmacy care is provided by the insurance policy for 
other medical conditions. 

"Psychiatric care", direct or consultative services provided by a psychiatrist licensed 
in the state in which the psychiatrist practices. 

"Psychological care", direct or consultative services provided by a psychologist 
licensed in the state in which the psychologist practices. 

"Therapeutic care", services provided by licensed or certified speech therapists, 
occupational therapists, physical therapists or social workers. 

"Treatment of autism spectrum disorders", includes the following care prescribed, 
provided or ordered for an individual diagnosed with 1 of the autism spectrum disorders by 
a licensed physician or a licensed psychologist who determines the care to be medically 
necessary: habilitative or rehabilitative care; pharmacy care; psychiatric care; psychological 
care; and therapeutic care. 

(b) The commission shall provide to an active or retired employee of the 
commonwealth who is insured under the group insurance commission benefits on a 
nondiscriminatory basis for the diagnosis and treatment of autism spectrum disorder in 
individuals. 



905 



Chap. 207 

(c) A health plan provided by the commission shall be in compliance with subsection 
(b) if the plan does not contain an annual or lifetime dollar or unit of service limitation on 
coverage for the diagnosis and treatment of autism spectrum disorders which is less than an 
annual or lifetime dollar or unit of service limitation imposed on coverage for the diagnosis 
and treatment of physical conditions. 

(d) This section shall not limit benefits that are otherwise available to an individual 
under a health insurance policy. 

(e) Coverage under this section shall not be subject to a limit on the number of visits 
an individual may make to an autism services provider. 

(f) This section shall not affect an obligation to provide services to an individual 
under an individualized family service plan, an individualized education program or an 
individualized service plan. Services related to autism spectrum disorder provided by school 
personnel under an individualized education program are not subject to reimbursement under 
this section. 

(g) An insurer, corporation or health maintenance organization shall be exempt for 
a period of 3 years from the requirement to provide coverage for habilitative or rehabilitative 
care required under this section and not covered by the insurer, corporation or health 
maintenance organization as of December 31, 2010, if: 

(1) an actuary, affiliated with the insurer, corporation or health maintenance 
organization certifies in writing to the commissioner of insurance that: 

(i) based on an analysis to be completed not more than once annually by each insurer, 
corporation or health maintenance organization for the most recent experience period of at 
least 1 year's duration, the annual costs associated with coverage of habilitative or 
rehabilitative care required under this section and not covered as of December 31, 2010, 
exceeded 1 per cent of the premiums charged over the experience period by the insurer, 
corporation or health maintenance organization; 

(ii) those costs solely would lead to an increase in average premiums charged of more 
than 1 per cent for all insurance policies, subscription contracts or health care plans 
commencing on inception or the next renewal date, based on the premium rating 
methodology and practices the insurer, corporation or health maintenance organization 
employs; and 

(iii) the commissioner of insurance approves the certification of the actuary. 

(2) An exemption allowed under paragraph (1) shall apply for a 3 year coverage 
period following inception or next renewal date of all insurance policies, subscription 
contracts or health care plans issued or renewed during the 1-year period following the date 
of the exemption, after which the insurer, corporation or health maintenance organization 
shall again provide coverage for habilitative or rehabilitative care required under this section. 

(3) Notwithstanding the exemption allowed under paragraph (1), an insurer, 
corporation or health maintenance organization may elect to continue to provide coverage 
for habilitative or rehabilitative care required under this section. 



906 



Chap. 207 

SECTION 2. Chapter 1 75 of the General Laws is hereby amended by inserting after 
section 47Z the following section :- 

Section 47 AA. (a) As used in this section the following words shall, unless the 
context clearly requires otherwise, have the following meanings :- 

"Actuary", a person who is a member of American Academy of Actuaries and meets 
the academy ' s professional qualification standards for rendering an actuarial opinion related 
to health insurance rate making. 

"Applied behavior analysis", the design, implementation and evaluation of 
environmental modifications, using behavioral stimuli and consequences, to produce socially 
significant improvement in human behavior, including the use of direct observation, 
measurement and functional analysis of the relationship between environment and behavior. 

"Autism services provider", a person, entity or group that provides treatment of 
autism spectrum disorders. 

"Autism spectrum disorders", any of the pervasive developmental disorders as 
defined by the most recent edition of the Diagnostic and Statistical Manual of Mental 
Disorders, including autistic disorder, Asperger's disorder and pervasive developmental 
disorders not otherwise specified. 

"Board certified behavior analyst", a behavior analyst credentialed by the behavior 
analyst certification board as a board certified behavior analyst. 

"Diagnosis of autism spectrum disorders", medically necessary assessments, 
evaluations including neuropsychological evaluations, genetic testing or other tests to 
diagnose whether an individual has 1 of the autism spectrum disorders. 

"Habilitative or rehabilitative care", professional, counseling and guidance services 
and treatment programs, including, but not limited to, applied behavior analysis supervised 
by a board certified behavior analyst, that are necessary to develop, maintain and restore, to 
the maximum extent practicable, the functioning of an individual. 

"Pharmacy care", medications prescribed by a licensed physician and health-related 
services deemed medically necessary to determine the need or effectiveness of the 
medications, to the same extent that pharmacy care is provided by the policy for other 
medical conditions. 

"Psychiatric care", direct or consultative services provided by a psychiatrist licensed 
in the state in which the psychiatrist practices. 

"Psychological care", direct or consultative services provided by a psychologist 
licensed in the state in which the psychologist practices. 

"Therapeutic care", services provided by licensed or certified speech therapists, 
occupational therapists, physical therapists or social workers. 

"Treatment of autism spectrum disorders", includes the following care prescribed, 
provided or ordered for an individual diagnosed with 1 of the autism spectrum disorders by 
a licensed physician or a licensed psychologist who determines the care to be medically 
necessary: habilitative or rehabilitative care; pharmacy care; psychiatric care; psychological 
care; and therapeutic care. 



907 



Chap. 207 

(b) An individual policy of accident and sickness insurance issued under section 108 
that provides hospital expense and surgical expense insurance and any group blanket or 
general policy of accident and sickness insurance issued under section 1 1 that provides 
hospital expense and surgical expense insurance, which is issued or renewed within or 
without the commonwealth, shall provide benefits on a nondiscriminatory basis to residents 
of the commonwealth and to all policyholders having a principal place of employment in the 
commonwealth for the diagnosis and treatment of autism spectrum disorder in individuals. 

(c) Such policy shall be in compliance with subsection (b) if the policy does not 
contain annual or lifetime dollar or unit of service limitation on coverage for the diagnosis 
and treatment of autism spectrum disorders which is less than a annual or lifetime dollar or 
unit of service limitation imposed on coverage for the diagnosis and treatment of physical 
conditions. 

(d) This section shall not limit benefits that are otherwise available to an individual 
under a health insurance policy. 

(e) Coverage under this section shall not be subject to a limit on the number of visits 
an individual may make to an autism services provider. 

(f) This section shall not affect an obligation to provide services to an individual 
under an individualized family service plan, an individualized education program or an 
individualized service plan. Services related to autism spectrum disorder provided by school 
personnel under an individualized education program are not subject to reimbursement under 
this section. 

(g) An insurer, corporation or health maintenance organization shall be exempt for 
a period of 3 years from the requirement to provide coverage for habilitative or rehabilitative 
care required under this section and not covered by the insurer, corporation or health 
maintenance organization as of December 31, 2010, if: 

(1) an actuary, affiliated with the insurer, corporation or health maintenance 
organization certifies in writing to the commissioner of insurance that: 

(i) based on an analysis to be completed not more than once annually by each insurer, 
corporation or health maintenance organization for the most recent experience period of at 
least 1 year's duration, the annual costs associated with coverage of habilitative or 
rehabilitative care required under this section and not covered as of December 31, 2010, 
exceeded 1 per cent of the premiums charged over the experience period by the insurer, 
corporation or health maintenance organization; 

(ii) those costs solely would lead to an increase in average premiums charged of more 
than 1 per cent for all insurance policies, subscription contracts or health care plans 
commencing on inception or the next renewal date, based on the premium rating 
methodology and practices the insurer, corporation or health maintenance organization 
employs; and 

(iii) the commissioner of insurance approves the certification of the actuary. 

(2) An exemption allowed under paragraph (1) shall apply for a 3 year coverage 
period following inception or next renewal date of all insurance policies, subscription con- 



908 



Chap. 207 

tracts or health care plans issued or renewed during the 1-year period following the date of 
the exemption, after which the insurer, corporation or health maintenance organization shall 
again provide coverage for habilitative or rehabilitative care required under this section. 

(3) Notwithstanding the exemption allowed under paragraph (1), an insurer, 
corporation or health maintenance organization may elect to continue to provide coverage 
for habilitative or rehabilitative care required under this section. 

SECTION 3. Chapter 176 A of the General Laws is hereby amended by inserting 
after section 8CC the following section:- 

Section 8DD. (a) As used in this section the following words shall, unless the context 
clearly requires otherwise, have the following meanings :- 

"Actuary", a person who is a member of American Academy of Actuaries and meets 
the academy 's professional qualification standards for rendering an actuarial opinion related 
to health insurance rate making. 

"Applied behavior analysis", the design, implementation and evaluation of 
environmental modifications, using behavioral stimuli and consequences, to produce socially 
significant improvement in human behavior, including the use of direct observation, 
measurement and functional analysis of the relationship between environment and behavior. 

"Autism services provider", a person, entity or group that provides treatment of 
autism spectrum disorders. 

"Autism spectrum disorders", any of the pervasive developmental disorders as 
defined by the most recent edition of the Diagnostic and Statistical Manual of Mental 
Disorders, including autistic disorder, Asperger's disorder and pervasive developmental 
disorders not otherwise specified. 

"Board certified behavior analyst", a behavior analyst credentialed by the behavior 
analyst certification board as a board certified behavior analyst. 

"Diagnosis of autism spectrum disorders", medically necessary assessments, 
evaluations including neuropsychological evaluations, genetic testing or other tests to 
diagnose whether an individual has 1 of the autism spectrum disorders. 

"Habilitative or rehabilitative care", professional, counseling and guidance services 
and treatment programs, including, but not limited to, applied behavior analysis supervised 
by a board certified behavior analyst, that are necessary to develop, maintain and restore, to 
the maximum extent practicable, the functioning of an individual. 

"Pharmacy care", medications prescribed by a licensed physician and health-related 
services deemed medically necessary to determine the need or effectiveness of the 
medications, to the same extent that pharmacy care is provided by the contract for other 
medical conditions. 

"Psychiatric care", direct or consultative services provided by a psychiatrist licensed 
in the state in which the psychiatrist practices. 

"Psychological care", direct or consultative services provided by a psychologist 
licensed in the state in which the psychologist practices. 



909 



Chap. 207 

"Therapeutic care", services provided by licensed or certified speech therapists, 
occupational therapists, physical therapists or social workers. 

"Treatment of autism spectrum disorders", includes the following care prescribed, 
provided or ordered for an individual diagnosed with 1 of the autism spectrum disorders by 
a licensed physician or a licensed psychologist who determines the care to be medically 
necessary: habilitative or rehabilitative care; pharmacy care; psychiatric care; psychological 
care; and therapeutic care. 

(b) A contract between a subscriber and the corporation under an individual or group 
hospital service plan which is issued or renewed within or without the commonwealth shall 
provide benefits on a nondiscriminatory basis to residents of the commonwealth and to all 
policyholders having a principal place of employment in the commonwealth for the diagnosis 
and treatment of autism spectrum disorder in individuals. 

(c) Such contract shall be in compliance with subsection (b) if the contract does not 
contain annual or lifetime dollar or unit of service limitation on coverage for the diagnosis 
and treatment of autism spectrum disorders which is less than annual or lifetime dollar or 
unit of service limitation imposed on coverage for the diagnosis and treatment of physical 
conditions. 

(d) This section shall not limit benefits that are otherwise available to an individual 
under a health insurance policy. 

(e) Coverage under this section shall not be subject to a limit on the number of visits 
an individual may make to an autism services provider. 

(f) This section shall not affect an obligation to provide services to an individual 
under an individualized family service plan, an individualized education program or an 
individualized service plan. Services related to autism spectrum disorder provided by school 
personnel under an individualized education program are not subject to reimbursement under 
this section. 

(g) An insurer, corporation or health maintenance organization shall be exempt for 
a period of 3 years from the requirement to provide coverage for habilitative or rehabilitative 
care required under this section and not covered by the insurer, corporation or health 
maintenance organization as of December 31, 2010, if: 

(1) an actuary, affiliated with the insurer, corporation or health maintenance 
organization certifies in writing to the commissioner of insurance that: 

(i) based on an analysis to be completed not more than once annually by each insurer, 
corporation or health maintenance organization for the most recent experience period of at 
least 1 year's duration, the annual costs associated with coverage of habilitative or 
rehabilitative care required under this section and not covered as of December 31, 2010, 
exceeded 1 per cent of the premiums charged over the experience period by the insurer, 
corporation or health maintenance organization; 

(ii) those costs solely would lead to an increase in average premiums charged of more 
than 1 per cent for all insurance policies, subscription contracts or health care plans com- 
mencing on inception or the next renewal date, based on the premium rating methodology 



910 



Chap. 207 

and practices the insurer, corporation or health maintenance organization employs; and 
(iii) the commissioner of insurance approves the certification of the actuary. 

(2) An exemption allowed under paragraph (1) shall apply for a 3 year coverage 
period following inception or next renewal date of all insurance policies, subscription 
contracts or health care plans issued or renewed during the 1 -year period following the date 
of the exemption, after which the insurer, corporation or health maintenance organization 
shall again provide coverage for habilitative or rehabilitative care required under this section. 

(3) Notwithstanding the exemption allowed under paragraph (1), an insurer, 
corporation or health maintenance organization may elect to continue to provide coverage 
for habilitative or rehabilitative care required under this section. 

SECTION 4. Chapter 176B of the General Laws is hereby amended by inserting 
after section 4CC the following section:- 

Section 4DD. (a) As used in this section the following words shall, unless the context 
clearly requires otherwise, have the following meanings :- 

"Actuary", a person who is a member of American Academy of Actuaries and meets 
the academy 's professional qualification standards for rendering an actuarial opinion related 
to health insurance rate making. 

"Applied behavior analysis", the design, implementation and evaluation of 
environmental modifications, using behavioral stimuli and consequences, to produce socially 
significant improvement in human behavior, including the use of direct observation, 
measurement and functional analysis of the relationship between environment and behavior. 

"Autism services provider", a person, entity or group that provides treatment of 
autism spectrum disorders. 

"Autism spectrum disorders", any of the pervasive developmental disorders as 
defined by the most recent edition of the Diagnostic and Statistical Manual of Mental 
Disorders, including autistic disorder, Asperger's disorder and pervasive developmental 
disorders not otherwise specified. 

"Board certified behavior analyst", a behavior analyst credentialed by the behavior 
analyst certification board as a board certified behavior analyst. 

"Diagnosis of autism spectrum disorders", medically necessary assessments, 
evaluations including neuropsychological evaluations, genetic testing or other tests to 
diagnose whether an individual has 1 of the autism spectrum disorders. 

"Habilitative or rehabilitative care", professional, counseling and guidance services 
and treatment programs, including, but not limited to, applied behavior analysis supervised 
by a board certified behavior analyst, that are necessary to develop, maintain and restore, to 
the maximum extent practicable, the functioning of an individual. 

"Pharmacy care", medications prescribed by a licensed physician and health-related 
services deemed medically necessary to determine the need or effectiveness of the 
medications, to the same extent that pharmacy care is provided by the certificate for other 
medical conditions. 



911 



Chap. 207 

"Psychiatric care", direct or consultative services provided by a psychiatrist licensed 
in the state in which the psychiatrist practices. 

"Psychological care", direct or consultative services provided by a psychologist 
licensed in the state in which the psychologist practices. 

"Therapeutic care", services provided by licensed or certified speech therapists, 
occupational therapists, physical therapists or social workers. 

"Treatment of autism spectrum disorders", includes the following care prescribed, 
provided or ordered for an individual diagnosed with 1 of the autism spectrum disorders by 
a licensed physician or a licensed psychologist who determines the care to be medically 
necessary: habilitative or rehabilitative care; pharmacy care; psychiatric care; psychological 
care; and therapeutic care. 

(b) A subscription certificate under an individual or group medical service agreement 
which is issued or renewed within or without the commonwealth shall provide benefits on 
a nondiscriminatory basis to residents of the commonwealth and to all policyholders having 
a principal place of employment in the commonwealth for the diagnosis and treatment of 
autism spectrum disorder in individuals. 

(c) Such certificate shall be in compliance with subsection (b) if the certificate does 
not contain any annual or lifetime dollar or unit of service limitation on coverage for the 
diagnosis and treatment of autism spectrum disorders which is less than annual or lifetime 
dollar or unit of service limitation imposed on coverage for the diagnosis and treatment of 
physical conditions. 

(d) This section shall not limit benefits that are otherwise available to an individual 
under a health insurance policy. 

(e) Coverage under this section shall not be subject to a limit on the number of visits 
an individual may make to an autism services provider. 

(f) This section shall not affect an obligation to provide services to an individual 
under an individualized family service plan, an individualized education program or an 
individualized service plan. Services related to autism spectrum disorder provided by school 
personnel pursuant to an individualized education program are not subject to reimbursement 
under this section. 

(g) An insurer, corporation or health maintenance organization shall be exempt for 
a period of 3 years from the requirement to provide coverage for habilitative or rehabilitative 
care required under this section and not covered by the insurer, corporation or health 
maintenance organization as of December 31, 2010, if: 

(1) an actuary, affiliated with the insurer, corporation or health maintenance 
organization certifies in writing to the commissioner of insurance that: 

(i) based on an analysis to be completed not more than once annually by each insurer, 
corporation or health maintenance organization for the most recent experience period of at 
least 1 year's duration, the annual costs associated with coverage of habilitative or rehabil- 
itative care required under this section and not covered as of December 31, 2010, exceeded 



912 



Chap. 207 

1 per cent of the premiums charged over the experience period by the insurer, corporation 
or health maintenance organization; 

(ii) those costs solely would lead to an increase in average premiums charged of more 
than 1 per cent for all insurance policies, subscription contracts or health care plans 
commencing on inception or the next renewal date, based on the premium rating 
methodology and practices the insurer, corporation or health maintenance organization 
employs; and 

(iii) the commissioner of insurance approves the certification of the actuary. 

(2) An exemption allowed under paragraph (1) shall apply for a 3 year coverage 
period following inception or next renewal date of all insurance policies, subscription 
contracts or health care plans issued or renewed during the 1 -year period following the date 
of the exemption, after which the insurer, corporation or health maintenance organization 
shall again provide coverage for habilitative or rehabilitative care required under this section. 

(3) Notwithstanding the exemption allowed under paragraph (1), an insurer, 
corporation or health maintenance organization may elect to continue to provide coverage 
for habilitative or rehabilitative care required under this section. 

SECTION 5. Chapter 176G of the General Laws is hereby amended by inserting 
after section 4U the following section :- 

Section 4V. (a) As used in this section the following words shall, unless the context 
clearly requires otherwise, have the following meanings :- 

"Actuary", a person who is a member of American Academy of Actuaries and meets 
the academy's professional qualification standards for rendering an actuarial opinion related 
to health insurance rate making. 

"Applied behavior analysis", the design, implementation and evaluation of 
environmental modifications, using behavioral stimuli and consequences, to produce socially 
significant improvement in human behavior, including the use of direct observation, 
measurement and functional analysis of the relationship between environment and behavior. 

"Autism services provider", a person, entity or group that provides treatment of 
autism spectrum disorders. 

"Autism spectrum disorders", any of the pervasive developmental disorders as 
defined by the most recent edition of the Diagnostic and Statistical Manual of Mental 
Disorders, including autistic disorder, Asperger's disorder and pervasive developmental 
disorders not otherwise specified. 

"Board certified behavior analyst", a behavior analyst credentialed by the behavior 
analyst certification board as a board certified behavior analyst. 

"Diagnosis of autism spectrum disorders", medically necessary assessments, 
evaluations including neuropsychological evaluations, genetic testing or other tests to 
diagnose whether an individual has 1 of the autism spectrum disorders. 

"Habilitative or rehabilitative care", professional, counseling and guidance services 
and treatment programs, including, but not limited to, applied behavior analysis supervised 



913 



Chap. 207 

by a board certified behavior analyst, that are necessary to develop, maintain and restore, to 
the maximum extent practicable, the functioning of an individual. 

"Pharmacy care", medications prescribed by a licensed physician and health-related 
services deemed medically necessary to determine the need or effectiveness of the 
medications, to the same extent that pharmacy care is provided by the contract for other 
medical conditions. 

"Psychiatric care", direct or consultative services provided by a psychiatrist licensed 
in the state in which the psychiatrist practices. 

"Psychological care", direct or consultative services provided by a psychologist 
licensed in the state in which the psychologist practices. 

"Therapeutic care", services provided by licensed or certified speech therapists, 
occupational therapists, physical therapists or social workers. 

"Treatment of autism spectrum disorders", includes the following care prescribed, 
provided or ordered for an individual diagnosed with 1 of the autism spectrum disorders by 
a licensed physician or a licensed psychologist who determines the care to be medically 
necessary: habilitative or rehabilitative care; pharmacy care; psychiatric care; psychological 
care; and therapeutic care. 

(b) A health maintenance contract issued or renewed within or without the 
commonwealth shall provide benefits on a nondiscriminatory basis to residents of the 
commonwealth and to all policyholders having a principal place of employment in the 
commonwealth for the diagnosis and treatment of autism spectrum disorder in individuals. 

(c) A health maintenance contract shall be in compliance with subsection (b) if the 
contract does not contain annual or lifetime dollar or unit of service limitation on coverage 
for the diagnosis and treatment of autism spectrum disorders which is less than annual or 
lifetime dollar or unit of service limitation imposed on coverage for the diagnosis and 
treatment of physical conditions. 

(d) This section shall not limit benefits that are otherwise available to an individual 
under a health insurance policy. 

(e) Coverage under this section shall not be subject to a limit on the number of visits 
an individual may make to an autism services provider. 

(f) This section shall not affect an obligation to provide services to an individual 
under an individualized family service plan, an individualized education program or an 
individualized service plan. Services related to autism spectrum disorder provided by school 
personnel under an individualized education program are not subject to reimbursement under 
this section. 

(g) An insurer, corporation or health maintenance organization shall be exempt for 
a period of 3 years from the requirement to provide coverage for habilitative or rehabilitative 
care required under this section and not covered by the insurer, corporation or health 
maintenance organization as of December 31, 2010, if: 

(1) an actuary, affiliated with the insurer, corporation or health maintenance 
organization certifies in writing to the commissioner of insurance that: 



914 



Chap. 207 

(i) based on an analysis to be completed not more than once annually by each insurer, 
corporation or health maintenance organization for the most recent experience period of at 
least 1 year's duration, the annual costs associated with coverage of habilitative or 
rehabilitative care required under this section and not covered as of December 31, 2010, 
exceeded 1 per cent of the premiums charged over the experience period by the insurer, 
corporation or health maintenance organization; 

(ii) those costs solely would lead to an increase in average premiums charged of more 
than 1 per cent for all insurance policies, subscription contracts or health care plans 
commencing on inception or the next renewal date, based on the premium rating 
methodology and practices the insurer, corporation or health maintenance organization 
employs; and 

(iii) the commissioner of insurance approves the certification of the actuary. 

(2) An exemption allowed under paragraph (1) shall apply for a 3 year coverage 
period following inception or next renewal date of all insurance policies, subscription 
contracts or health care plans issued or renewed during the 1-year period following the date 
of the exemption, after which the insurer, corporation or health maintenance organization 
shall again provide coverage for habilitative or rehabilitative care required under this section. 

(3) Notwithstanding the exemption allowed under paragraph (1), an insurer, 
corporation or health maintenance organization may elect to continue to provide coverage 
for habilitative or rehabilitative care required under this section. 

SECTION 6. All policies, contracts and certificates of health insurance subject to 
section 25 of chapter 32A, section 47 AA of chapter 175, section 8DD of chapter 176A, 
section 4CC of chapter 176B, and section 4V of chapter 176G of the General Laws which 
are delivered, issued or renewed on or after January 1, 2011 shall conform with the 
provisions of this act. Form filings implementing this act shall be subject to the approval of 
the commissioner of insurance. 

SECTION 7. This act shall take effect on January 1 , 201 1 . 

Approved August 3, 2010. 



Chapter 208. AN ACT REGULATING ELECTIONS IN THE TOWN OF 
YARMOUTH. 

Be it enacted, etc., as follows: 

SECTION 1. Chapter 404 of the acts of 2006 is hereby amended by striking out 
sections 1 and 2 and inserting in place thereof the following 2 sections :- 

Section 1. Notwithstanding section 22 A of chapter 55 or section 21 C of chapter 59 
of the General Laws or any other general or special law to the contrary, the board of 
selectmen of the town of Yarmouth shall, at least 10 days before any election at which a 
binding or nonbinding question shall be submitted solely to the voters of the town, cause to 



915 



Chap. 208 

be printed and made available at each polling place: (1) the full text of the question; (2) a fair 
and concise summary of the question, including a 1 sentence statement describing the effect 
of a yes or no vote, prepared by the town counsel of the town or the counsel's designee. 

Section 2. The board of selectmen of the town of Yarmouth shall cause to be printed 
and distributed, in the manner provided in section 1 the summary and statement describing 
the effect of a yes or no vote. The summary and statement describing the effect of a yes or 
no vote prepared under section 2 shall be open to public inspection at the office of the town 
clerk of the town. 

SECTION 2. This act shall take effect upon its passage. 

Approved August 4, 2010. 



Chapter 209. AN ACT RELATIVE TO SEAWALLS IN THE TOWN OF DUXBURY. 

Be it enacted, etc., as follows: 

SECTION 1. The town of Duxbury may assess on the affected properties 
betterments in the total amount of $263,205.71 for costs incurred by the town for the repair 
to the seawalls in the Gurnet Road area pursuant to chapters 80 and 83 of the General Laws. 
The board of selectmen may adopt an order of assessment of betterments fees within 60 days 
of the effective date of this act. 

SECTION 2. This act shall take effect upon its passage. 

Approved August 4, 2010. 



Chapter 210. AN ACT ESTABLISHING A ROAD MAINTENANCE REVOLVING 
ACCOUNT IN THE TOWN OF BREWSTER. 

Be it enacted, etc., as follows: 

SECTION 1. The town of Brewster may establish a Road Maintenance Revolving 
Account into which shall be deposited sums of money from time to time in accordance with 
this act. The superintendent of public works, subject to the authority of the board of 
selectmen, shall control and administer the fund and render annual accounts of the receipts, 
disbursements and balances relating to the revolving accounts. 

SECTION 2. The fund shall be established, consistent with section 6N of chapter 
40 of the General Laws, to provide, without expense to the town, for the maintenance and 
upkeep of the numerous private ways serving the town's inhabitants. Maintenance may also 
be performed on a private way 's drainage facilities and associated features, but in accordance 
with said section 6N of said chapter 40, work shall be of a temporary nature and shall not 
include construction, reconstruction or resurfacing of private ways. 



916 



Chap. 210 

SECTION 3. When private way maintenance is desired, the town shall enter 
agreements with the parties requesting the work and the superintendent shall determine the 
cost of that work. The town may charge a reasonable administrative fee for its services and 
the fee shall be deposited into the General Fund. The interested parties shall pay the cost and 
administrative fee in advance of the work and that amount shall be deposited into the road 
maintenance revolving account. The superintendent, with the approval of the town 
accountant/finance director, shall expend these funds for only the maintenance and upkeep 
work for which they were deposited unless the town and the original interested parties 
otherwise agree. If, for any reason, the maintenance work is not performed, the deposited 
sums shall be returned to the interested parties. 

SECTION 4. By a town meeting vote, the town may close this account and transfer 
to the General Fund any balance not needed to complete previously agreed maintenance. 

SECTION 5. This act shall take effect upon its passage. 

Approved August 4, 2010. 



Chapter 211. AN ACT VALIDATING ACTION TAKEN AT A SPECIAL TOWN 
ELECTION HELD IN THE TOWN OF ASHFIELD. 

Be it enacted, etc., as follows: 

SECTION 1. Notwithstanding section 42 of chapter 54 of the General Laws or any 
other general or special law to the contrary, the vote taken by the town of Ashfield at its 
October 20, 2009 special town election and all actions taken pursuant thereto, are hereby 
ratified, validated and confirmed, notwithstanding any defect or omission with regard to the 
ballot for the election. 

SECTION 2. This act shall take effect upon its passage. 

Approved August 4, 2010 



Chapter 212. AN ACT MAKING A TECHNICAL CORRECTION IN A SPECIAL 
ACT RELATIVE TO CERTAIN LAND IN THE TOWN OF 
SHERBORN. 

Be it enacted, etc., as follows: 

SECTION 1. Section 1 of chapter 154 of the acts of 2001 is hereby amended by 
striking out the second sentence and inserting in place thereof the following sentence:- The 
parcel is located immediately adjacent to the north of town-owned Laurel Farm recreation 



917 



Chap. 212 

field and is described in an order of taking recorded in the northern district of the Middlesex 
county registry of deeds at book 12593, pages 655 to 657, and being further described on 
map 10, lot 2 of the Sherborn assessor's maps. 

SECTION 2. This act shall take effect upon its passage. 

Approved August 4, 2010. 



Chapter 213. AN ACT AUTHORIZING THE LEASE OF A CERTAIN PARCEL OF 
LAND IN THE TOWN OF GRAFTON TO THE UNITED STATES 
DEPARTMENT OF LABOR AND AUTHORIZING THE 
CONVEYANCE OR LEASE OF CERTAIN SURPLUS 
STATE-OWNED PROPERTIES 

Whereas, The deferred operation of this act would tend to defeat its purpose, which 
is to provide forthwith for the lease of property to the United States department of labor, 
therefore it is hereby declared to be an emergency law, necessary for the immediate 
preservation of the public convenience. 

Be it enacted, etc., as follows: 

SECTION 1. Notwithstanding sections 40F to 40 J, inclusive, of chapter 7 of the 
General Laws or any other general or special law to the contrary, the commissioner of capital 
asset management and maintenance may lease all or a portion of a certain parcel of land, 
together with the buildings thereon, and further identified in a U.S. Government Lease For 
Real Property dated April 19, 1990, Exhibit B, Partial Plan of Land Showing Parcel Leased 
United States Of America For A Job Corps Center in Grafton and Shrewsbury, dated Oct. 1 , 
1979, located on the easterly side of Pine street in the town of Grafton and Green street in 
the town of Shrewsbury and formerly part of the Grafton State Hospital, for a term, including 
extensions, not to exceed 20 years, to the United States Department of Labor, for rent of $1 
per year. The exact boundaries of the lease premises and any roads or other infrastructure 
which the United States Department of Labor, or its agents, may use in accordance with the 
lease, shall be determined by the commissioner in consultation with the United States 
Department of Labor after the completion of a land survey. 

SECTION 2. The lease authorized in section 1 shall be on such terms and conditions 
as the commissioner of capital asset management and maintenance deems appropriate. 

SECTION 3. The United States Department of Labor shall be responsible for all 
costs deemed necessary or appropriate by the commissioner of capital asset management and 
maintenance for the lease authorized in section 1 including, without limitation, the costs for 
legal work, survey, title, appraisal and the preparation of plans and specifications. 

SECTION 4. In order to facilitate the reuse of the portions of the former Grafton 



918 



Chap. 213 

State Hospital that are surplus to the department's Job Corps program and to the 
commonwealth, as further identified in section 5, the commissioner of capital asset 
management and maintenance may, subject to sections 40E to 40 J, inclusive, of chapter 7 the 
General Laws but notwithstanding any other general or special law to the contrary, sell, lease 
for a term or terms of up to 99 years, including all renewals and extensions, or otherwise 
grant, convey or transfer to 1 or more purchasers or lessees an interest in said property 
identified in section 5, on such terms and conditions as the commissioner considers 
appropriate, taking into account principles of transit-oriented development and smart growth. 
The commissioner shall dispose of the property utilizing appropriate competitive processes 
and procedures. At least 30 days before the date on which bids, proposals, or other offers to 
purchase or lease the property, or any portion thereof, are due, the commissioner shall place 
a notice in the central register published by the state secretary under section 20 A of chapter 
9 of the General Laws stating the availability of the property, the nature of the competitive 
process and other information that he considers relevant, including the time, place and 
manner for the submission of bids, proposals and the opening thereof. The grantee or the 
lessee shall enter into a historical covenant agreement with the Massachusetts historical 
commission which shall be filed with the registry of deeds and run with the land in 
perpetuity. 

SECTION 5. The property subject to section 4 shall include, without limitation, the 
buildings identified as Building No. 14 (Pines C), Building No. 1 5 (Pines D) and Building 
No. 16 (Pines E) on the plan referenced in section 1 and such other lands as the 
commissioner of capital asset management and maintenance deems appropriate. The exact 
boundaries of the property and any roads or other infrastructure which the lessee or purchaser 
may use in accordance with the lease or deed, shall be determined by the commissioner in 
consultation with the United States Department of Labor after the completion of a land 
survey. 

SECTION 6. In connection with any conveyance or lease authorized in this act, the 
commissioner of capital asset management and maintenance may grant easements or other 
rights to use roads and infrastructure and to install utilities on adjoining land of the 
commonwealth and may retain such easements or other rights for the commonwealth. 

SECTION 7. The grantee or lessee selected pursuant to section 4 shall be 
responsible for all costs and expenses including, but not limited to, costs associated with any 
engineering, surveys, appraisals and deed preparation related to the transfers and 
conveyances authorized in said section 4 as those costs may be determined by the 
commissioner of capital asset management and maintenance. The grantee or lessee shall 
acquire the property in its existing condition without any warranty by the commonwealth. 

Approved August 4, 2010 . 



919 



Chapter 214. AN ACT AUTHORIZING THE CITY OF GARDNER TO CONVEY 
CERTAIN LAND UNDER THE CONTROL OF THE GARDNER 
CONSERVATION COMMISSION. 

Be it enacted, etc., as follows: 

SECTION 1. The city of Gardner, acting through its mayor and city council, may 
convey a certain parcel of land under the control and administration of the Gardner 
conservation commission to the Greater Gardner Industrial Foundation. The parcel 3.497 
acres of land located on state highway route 2, as shown on a plan entitled and more 
particularly described in a "PLAN OF LAND TO BE CONVEYED BY THE CITY OF 
GARDNER" (Owner: Book 281 16, Page 331), Gardner, MA, dated July 20, 2009, prepared 
by Szoc Surveyors. The parcel is further described in a deed dated November 18, 2002 to 
the Inhabitants of the city of Gardner, recorded in the south Worcester district registry of 
deeds in book 28116, page 331. 

SECTION 2. In consideration for the conveyance authorized in section 1, the city 
of Gardner shall convey to the Gardner conservation commission a certain parcel of land 
acquired by the city from Wedgewood Heights Realty Trust by a deed excecuted on May 6, 
2010, containing approximately 7. 1 1 acres of land off Clark street and identified on Gardner 
assessors' map LL-3 1 , block 57E, lot 1 5 A, which was conveyed to the city for conservation 
purposes. The city of Gardner has accepted the conveyance of that property by vote of the 
city council on June 7, 2010, and the approval by the mayor on June 8, 2010. 

SECTION 3. The conveyance of the parcel described in section 1 shall be subject 
to the following terms and conditions: 

(1) that the Greater Gardner Industrial Foundation assumes all costs related to the 
conveyance including, but not limited to, appraisals, surveys and legal and filing fees; and 

(2) additional consideration for the conveyance shall be $7,000 which shall be used 
by the Gardner conservation commission to support the commission's efforts to preserve 
additional open space within the city's water supply protection districts. 

SECTION 4. This act shall take effect upon its passage. 

Approved August 4, 2010. 



Chapter 215. AN ACT RELATIVE TO A TRANSFER OF LAND IN THE TOWN OF 
PLYMOUTH. 

Be it enacted, etc., as follows: 

SECTION 1. Notwithstanding any general or special law to the contrary, the town 
of Plymouth, acting by and through its conservation commission, may convey a certain parcel 
of land, which is a portion of 78.56 acres of land acquired by the town for open space and 
conservation purposes to Diane Millman Trask, trustee of the Diane Millman Trask Revoc- 



920 



Chap. 215 

able Trust. The parcel is shown as "Parcel A" on a plan entitled "Plan of Land in Plymouth, 
Massachusetts Showing Parcel A to be Conveyed to Diane Millman Trask Revocable Trust 
by Town of Plymouth Conservation Commission" dated August 5, 2008 prepared by Flaherty 
& Stefani, Inc. containing 8777 sq. ft. more or less. The town of Plymouth, acting through 
its conservation commission, may transfer Parcel A, upon such terms and conditions as it 
deems appropriate, including for nominal consideration, to cure inadvertent encroachments 
on the trust property that were created when said town acquired this parcel as part of its 
purchase of the 78.56 acres for open space and conservation purposes. The Commonwealth, 
acting by and through the department of conservation and recreation, and the Wildlands Trust 
of Southeastern Massachusetts, Inc. may release a portion of the conservation restriction 
granted to them by the town of Plymouth by an instrument dated June 23 , 2006, and recorded 
in the Plymouth county registry of deeds in book 33062, pages 261 - 283 on the parcel of 
land to be conveyed pursuant to this act. 

SECTION 2. This act shall take effect upon its passage. 

Approved August 4, 2010. 



Chapter 216. AN ACT AUTHORIZING THE CITY OF BEVERLY TO CONVEY 
CERTAIN LAND LOCATED IN THE CITY OF BEVERLY. 

Be it enacted, etc., as follows: 

SECTION 1 . Notwithstanding chapter 3 0B of the General Laws or any other general 
or special law to the contrary, the city of Beverly, by its mayor, may convey, to Richard J. 
Maestranzi and Leo J. Maestranzi, by deed approved as to form by its city solicitor, a certain 
parcel of land situated off of Brimbal avenue in the city of Beverly, being shown as "Parcel 
V" on the plan entitled "Survey and Division of Land in Beverly, MA" dated July 2 1 , 2000, 
prepared by Louis Federici & Associates and recorded with the Essex south district registry 
of deeds in plan book 356, plan 1 1 . Parcel V contains approximately 6.62 acres of land, more 
or less, according to said plan. 

The consideration for the conveyance, transfer and exchange shall be as provided for 
in the settlement agreement related to litigation filed in the Essex Superior Court Docket 
Number ESCV2002-01580 entitled Richard J. Maestranzi and Leo J. Maestranzi vs. City of 
Beverly, as the same may be amended from time to time. 

SECTION 2. This act shall take effect upon its passage. 

Approved August 4, 2010. 



921 



Chapter 217. AN ACT ESTABLISHING A LINKAGE EXACTION PROGRAM IN 
THE CITY OF GLOUCESTER 

Be it enacted, etc., as follows: 

SECTION 1. (a) The city of Gloucester may, by ordinance, require the payment of 
a linkage exaction fee as a condition of approval of a development impact project plan, as 
defined by the ordinance, for any future development within the scope of this act. The 
linkage exaction fee shall only be imposed on the construction, enlarging, expansion, 
substantial rehabilitation, or change of use of non-residential and residential projects that 
require zoning relief or exceed a threshold which shall be established by the city council. 
The linkage ordinance shall be used solely for the purposes of defraying the costs of capital 
improvements provided by the city caused by and necessary to support future development 
such as, but not limited to the following: capital improvements to school facilities, public 
facilities, roads, sewers, water supply lines, affordable housing, child care facilities, job 
training facilities, public safety service and facilities, and parks, playgrounds and other 
recreational facilities. 

(b) The linkage exaction ordinance may be enacted if the following criteria are met: 

(1) A rational nexus shall be established that shows the relationship between the 
creation of new residential dwelling units, and office, commercial and industrial structures 
and their impact on the following services including, but not limited to, school facilities, 
public facilities, roads, sewers, water supply lines, affordable housing, child care facilities, 
job training facilities, public safety facilities, and parks, playgrounds and other recreational 
facilities. 

(2) The city shall develop and prepare a study for any project for which a linkage 
exaction fee is levied that examines the proposed project and projects the cost of capital 
improvements necessary to accommodate the project. Any exaction fee which may be 
established pursuant to this act shall be set in accordance with the methodology set forth in 
the study. 

(3) The exaction fee shall be established on the basis of the cost projections in the 
capital improvement plans and study as described in paragraph (2) of subsection (b) and the 
expected level of allowed development pursuant to the city's zoning ordinance, as it may be 
amended. 

(4) The city shall have the authority to create distinct and separate revolving trust 
accounts for each linkage ordinance enacted by the city for the services delineated in 
paragraph (1) of this subsection for necessary improvements resulting from future 
development. An exaction shall not be paid to the city's general treasury or used as general 
revenues subject to section 53 of chapter 44 of the General Laws. 

(5) The level of any exaction fee shall be reviewed at least every 3 years and reset as 
required based upon the recommendation of the office of community development and the 
mayor of the city. 

(6) Any funds not expended or encumbered by the end of the calendar quarter im- 
mediately following 6 years from the date the exaction fee was paid shall, upon application 



922 



Chap. 217 

of the applicant or his assigns, be returned to such landowner with interest from the fee's 
deposit in an interest bearing account; provided, however, that the applicant or his assigns 
submits an application for a refund to the office of community development within 1 80 days 
of the expiration of the 6 year period. 

SECTION 2. This act shall take effect upon its passage. 

Approved August 4, 2010. 



Chapter 218. AN ACT EXEMPTING THE POSITION OF CHIEF OF POLICE OF 
THE TOWN OF GREAT BARRINGTON FROM THE CIVIL 
SERVICE LAW. 

Be it enacted, etc., as follows: 

SECTION 1 . Notwithstanding any general or special act to the contrary the position 
of police chief in the town of Great Barrington shall be exempt from chapter 3 1 of the 
General Laws. 

SECTION 2. Section 1 shall not impair the civil service status of any incumbent 
holding the position of police chief in the town of Great Barrington on the effective date of 
this act. 

SECTION 3. This act shall take effect upon its passage. 

Approved August 4, 2010. 



Chapter 219. AN ACT EXEMPTING THE OFFICE OF DEPUTY CHIEF OF 
POLICE IN THE TOWN OF ROCKLAND FROM THE CIVIL 
SERVICE LAW. 

Be it enacted, etc., as follows: 

SECTION 1. The office of deputy chief of police in the town of Rockland shall be 
exempt from chapter 31 of the General Laws. 

SECTION 2. Section 1 shall not impair the civil service status of the person holding 
the office of deputy chief of police in the town of Rockland on the effective date of this act. 

SECTION 3. This act shall take effect upon its passage. 

Approved August 4, 2010. 



923 



Chapter 220. AN ACT EXEMPTING ALL POSITIONS IN THE POLICE 
DEPARTMENT OF THE TOWN OF PROVINCETOWN FROM THE 
CIVIL SERVICE LAW. 

Be it enacted, etc., as follows: 

SECTION 1. Notwithstanding any general or special law to the contrary, the 
members of the police department of the town of Provincetown shall be exempt from chapter 
31 of the General Laws. 

SECTION 2. Section 1 shall not impair the civil service status of any member of the 
police department of the town of Provincetown on the effective date of this act. 

SECTION 3. This act shall take effect upon its passage. 

Approved August 4, 2010. 



Chapter 221. AN ACT AUTHORIZING THE TOWN OF MANCHESTER-BY-THE- 
SEA TO GRANT AN EASEMENT OVER CERTAIN LAND 
ACQUIRED FOR WATER SUPPLY PURPOSES. 

Be it enacted, etc., as follows: 

SECTION 1. The town of Manchester-by-the-Sea, acting by and through its board 
of selectmen, may grant a nonexclusive easement on a portion of land located on Lincoln 
street in said town containing 6.03 acres, more or less, to the Essex County Club, for the 
purpose of continuing the use of the land by the club as a golf course. The deed conveying 
the easement shall include a requirement that the Essex County Club shall utilize the land 
so as not to degrade the public water supply. The land on which the easement may be 
granted was acquired by the town for water supply purposes and the town shall continue to 
use the easement area for its water resources. The easement is shown on a plan entitled 
"Easement Plan, Lincoln Avenue, Town of Manchester-by-the-Sea," dated September 1 8, 
2008 and prepared by North Shore Survey Corporation, which is on file in the office of the 
town clerk. 

SECTION 2. In consideration for and as a condition of the conveyance of the 
easement to the Essex County Club, the club shall elect not to obtain any tax benefit from 
chapter 61 B of the General Laws for as long as the easement is in effect. As further 
consideration for the easement in section 1 , the club shall grant an easement to the town of 
Manchester-by-the-Sea on land located on Mill street in said town, containing approximately 
.75 acres, shown on a plan entitled "Easement Plan, Mill Street, Town of 
Manchester-by-the-Sea," dated September 1 8, 2008 and prepared by North Shore Survey 
Corporation, which is on file in the office of the town clerk. The value of the easement 
provided to the town includes: linking 2 water mains, currently dead-ended, for the benefit 



924 



Chap. 221 

of residents of the town, improving Mill street and other traveled ways in the town, providing 
direct access to a main highway and for general municipal purposes. 

SECTION 3. If the easement granted to the Essex County Club ceases to be used 
for the purposes described in section 1 , the easement shall terminate and the land shall revert 
to the town for water resource purposes. 

SECTION 4. This act shall take effect upon its passage. 

Approved August 4, 2010. 



Chapter 222. AN ACT ESTABLISHING A SICK LEAVE BANK FOR SUSAN 
SPERA, AN EMPLOYEE OF THE DEPARTMENT OF 
DEVELOPMENTAL SERVICES. 

Whereas, The deferred operation of this act would tend to defeat its purpose, which 
is to establish forthwith a sick leave bank for a certain employee of the department of 
developmental services, therefore it is hereby declared to be an emergency law, necessary for 
the immediate preservation of the public convenience. 

Be it enacted, etc., as follows: 

Notwithstanding any general or special law, rule or regulation to the contrary, the 
department of developmental services shall establish a sick leave bank for Susan Spera, an 
employee of the department. Any employee of the department may voluntarily contribute 
1 or more sick, personal or vacation days to the sick leave bank for use by Susan Spera. 
Whenever Susan Spera terminates employment with the department or requests to dissolve 
the sick leave bank, any remaining time in the sick leave bank shall be transferred to the 
extended illness leave bank. Sick leave bank days shall not be used for absences unrelated 
to the illness or disability that necessitated the establishment of the sick leave bank as 
determined by the department. 

Approved August 4, 2010. 



Chapter 223. AN ACT AUTHORIZING THE TOWN OF WESTFORD TO LEASE 
A CERTAIN PARCEL OF LAND FOR CAMP PURPOSES. 

Be it enacted, etc., as follows: 

SECTION 1. Notwithstanding any general or special law to the contrary, the town 
of Westford, acting by and through its conservation commission may lease, license or rent 
the use of the facilities at the East Boston Camps property located on Depot street and Nut- 
ting road in said town, shown on town Assessors' Map 3 1 , as parcel 37, for camp purposes 



925 



Chap. 223 

for not more than 10 years. The lease, license or rental agreement shall be subject to 
subsections (a), (b) and (g) of section 16 of chapter 30B of the General Laws. 
SECTION 2. This act shall take effect upon its passage. 

Approved August 4, 2010. 



Chapter 224. AN ACT RELEASING CERTAIN LAND IN THE TOWN OF 
BRIMFIELD FROM AN AGRICULTURAL PRESERVATION 
RESTRICTION. 

Whereas, The deferred operation of this act would tend to defeat its purpose, which 
is forthwith to release certain land from the operation of an agricultural preservation 
restriction, therefore it is hereby declared to be an emergency law, necessary for the 
immediate preservation of the public convenience. 

Be it enacted, etc., as follows: 

SECTION 1. (a) Notwithstanding any other general or special law to the contrary 
but subject to section 40E of chapter 7 of the General Laws and section 32 of chapter 1 84 of 
the General Laws, the secretary of energy and environmental affairs shall execute a certificate 
of release of a portion of the land subject to an agricultural preservation restriction, in this 
act called the "APR", which is held by the department of agricultural resources, in this act 
called the "department", and recorded in the Hampden county registry of deeds at book 
1 1476, page 498 and book 1 1544, book 398 on land owned by Ronald Weston and Linda 
Weston, their successors in title, heirs and assigns, in this act called "Weston". The portion 
to be released consists of approximately 7.7 acres more or less and is shown on a plan of land 
dated November 1 0, 2008, recorded with the Hampden county registry of deeds at plan book 
354, plan 93. 

SECTION 2. As a condition precedent to the release of the 7.7 acre parcel from the 
APR, Weston and the department shall execute and cause to be recorded an amendment to 
the APR placing a currently unrestricted parcel of 8.0 acres, owned by Weston, under 
restriction in accordance with the terms and provisions of the original APR and as amended, 
which shall become subject to the APR. The 8.0 acre parcel lies easterly of Hollow road in 
the town of Brimfield and is as shown on a plan of land entitled "Plan of land in Brimfield, 
MA prepared for Ronald N. & Linda M. Weston (owners)" by Roger Woods & Co., said plan 
being recorded with the Hampden county registry of deeds at plan book 354, plan 93 and 
labeled as "PARCEL TO BE ADDED TO AGRICULTURAL PRESERVATION 
RESTRICTION AREA 8.0 acres." 

SECTION 3. As a condition precedent to the release of the 7.7 acre parcel from the 
APR, Weston and the department shall execute and cause to be recorded an amendment to 



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Chap. 224 

the existing restriction, which shall place under restriction that portion of the currently 
unrestricted 30,000 square feet of land owned by Weston that lies outside the boundaries of 
the land proposed to be released under section 1 . Upon the recording thereof, that portion 
shall be subject to and governed by the APR as amended. The 30,000 square foot parcel is 
bounded and described as follows: 

Beginning at a point on the easterly street line of Hollow Road which point is Fifty 
and 23/100 (50.23) feet northerly of the northwesterly corner of land now or formerly of 
Charles H. & Linda D. Thompson; thence running S 64° 28' 00" E One hundred eighty three 
and 99/1 00 ( 1 83 .99) feet to a point; thence turning and running S 55° 2 1 ' 05" E Two hundred 
twenty four and 58/100 (224.58) feet to a point; thence turning and running S 60° 50* 25" E 
a distance of Eight hundred seventeen and 151 100 (817.15) feet to a point located in the 
westerly boundary line of land now or formerly of Cook, said last three courses being along 
land of Ronald N. and Linda M. Weston; thence turning and running N 32° 06' 55" E Twenty 
five and 00/100 (25.00) feet to a point, thence turning and a running N 57° 53' 05" W One 
hundred forty and 00/100 (140.00) feet to a point marking the beginning of the so called 
"Envelope", thence turning and running N 32° 06' 55" E Two hundred and 00/100 (200.00) 
feet, thence turning and running N 57° 53' 05" W One hundred fifty and 00/1 00 (1 50.00) feet, 
thence turning and running S 32° 06* 55" W Two hundred and 00/100 (200.00) feet, thence 
turning and running S 57° 53' 05" E One hundred fifty and 00/100 (1 50.00) feet to said point 
of beginning of said "Envelope". 

SECTION 4. As a condition subsequent to the release of the 7.7 acre parcel from 
the APR, Weston shall cause a certain percentage as specified below of the annual total gross 
revenues from any commercial or other business operations on the 7.7 acre parcel including, 
but not limited to, a wedding and banquet operation, to be annually devoted to enhancing the 
agricultural productivity of the remaining APR land, for so long as the 7.7 acre parcel is used 
for a commercial or other business purpose. For the purposes of this section, enhancements 
to the agricultural productivity of the remaining APR land shall be those proposed by Weston 
and approved by the department and shall fall into any of the following categories: (1) 
implementation of a best management plan and nutrient management plan for Christmas tree 
production developed in accordance with industry standards, the plan and the implementation 
thereof to be reviewed and reported to the department by an independent third party mutually 
satisfactory to Weston and the department on a 2-year basis; (2) implementation of a resource 
management plan developed for all of the APR land, the plan and the implementation thereof 
to be reviewed and reported to the department by an independent third party who shall be 
mutually agreed to by Weston and the department on a 5-year basis; (3) implementation of 
a nutrient management plan developed for all of the APR land, the plan and the 
implementation thereof to be reviewed and reported to the department by an independent 
third party who shall be mutually agreed to by Weston and the department on a 5-year basis; 
(4) implementation of a manure management plan developed for Weston's equine facility 
approved by the department, the plan and the implementation thereof to be reviewed and 
reported to the department by an independent third party who shall be mutually agreed to by 



927 



Chap. 224 

Weston and the department; (5) development and implementation of a plan establishing 
Christmas tree production on the 8 -acre parcel being added to the APR, integrated within the 
best management plan and nutrient management plan for Christmas tree production set forth 
in clause (1); or (6) implementation of an approved NRCS farm plan. If Weston fails or 
neglects to make a proposal, the department shall select an enhancement to productivity as 
the department's choice and so notify Weston. 

Not later than 1 year after the effective date of this act and annually thereafter, 
Weston shall cause a certified public accountant or another professional with equivalent 
credentials, reasonably satisfactory to the department, to provide to the department a written 
certification of compliance by Weston with the expenditure requirement set forth in this 
section. The certified public accountant or other professional shall have access to the 
original financial books and records of Weston and the original books and records of any 
other party conducting business operations on the land released under lease or other 
arrangement. The department may bring a civil action to enforce this paragraph. 

The percentages to be devoted to agriculture shall be as follows: 2 per cent of gross 
revenues for the first 2 years of operation of the business on the 7.7 acre parcel after the 
effective date of this act; 4 per cent of gross revenues for the next 2 years of operation; and 
5 per cent of gross revenues thereafter; provided, however, that Weston shall not be required 
to expend in a single year or in the aggregate more than the annual cost of implementing a 
plan approved under this section. 

SECTION 5. Except as amended by this act, the APR shall remain in full force and 
effect. 

Approved August 4, 2010. 



Chapter 225. AN ACT AUTHORIZING THE DEPARTMENT OF FISH AND GAME 
TO ACQUIRE LAND OF THE TOWN OF ATHOL AND TO 
ACQUIRE A CONSERVATION RESTRICTION ON LANDS OF THE 
TOWN OF ATHOL IN EXCHANGE FOR GRANTS OF EASEMENTS 
TO THE TOWN OF ATHOL 

Whereas, The deferred operation of this act would tend to defeat its purpose, which 
is to authorize forthwith the department offish and game to acquire land of the town of Athol 
and to acquire a conservation restriction on lands of the town of Athol in exchange for grants 
of easements to the town, therefore it is hereby declared to be an emergency law, necessary 
for the immediate preservation of the public convenience. 

Be it enacted, etc., as follows: 

SECTION 1. Notwithstanding sections 40E to 40 J, inclusive, of chapter 7 of the 
General Laws or any other general or special law to the contrary, the commissioner of capital 



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Chap. 225 

asset management and maintenance, in consultation with the commissioner offish and game, 
may take under chapter 79 of the General Laws or otherwise acquire and the town of Athol 
may convey all or portions of certain parcels of land identified in section 2 for the 
preservation and protection of wildlife habitat, passive recreation and consistent purposes. 
The parcels, if taken and not otherwise acquired, shall be subject to any easement or lesser 
interest in land held by any person or governmental agency, except for the town, that lawfully 
exists and is recorded in the appropriate registry of deeds, unless the commissioner of capital 
asset management and maintenance expressly takes the easement or lesser interest by 
eminent domain under said chapter 79. The commissioner of capital asset management and 
maintenance, in consultation with the commissioner of fish and game, may determine the 
exact boundaries of the parcels of land after completion of a survey. 

SECTION 2. The parcels of land, including lands under water, to be acquired from 
the town of Athol under section 1 are identified as follows: land in the towns of Athol and 
Phillipston, including lands under water, located along South Royalston road, Cobb Hill 
road, Willis road, Schoolhouse road and state highway route 2A associated with Thousand 
Acre Reservoir, Thousand Acre Brook and its watershed, described in deeds to the town of 
Athol recorded at the South Worcester district registry of deeds in book 1981, page 401; 
book 2077, page 117; book 2338, page 177; book 2283, page 136; book 2123, page 368; 
book 3530, page 442; book 1947, page 283; book 2 145, page 479; and book 1836, page 133 
(parcels 13 and 14). 

SECTION 3. Notwithstanding sections 40E to 40 J, inclusive, of chapter 7 of the 
General Laws or any other general or special law to the contrary, the commissioner of capital 
asset management and maintenance, in consultation with the commissioner offish and game, 
may convey to the town of Athol easements or lesser interests for the purpose of installing 
and maintaining water mains across all or portions of a certain parcel of land of the 
commonwealth identified in section 4. The commissioner of capital asset management and 
maintenance, in consultation with the commissioner of fish and game, may determine the 
exact boundaries of the water main easements after completion of a survey. 

SECTION 4. The parcel of land to be subject to the water main easements under 
section 3 is identified as follows: land in Athol described in a deed to the commonwealth 
recorded at the south Worcester district registry of deeds at book 1 4525, page 380 and shown 
on plan entitled "Plan of Land in Athol owned by Lois E. Lawrence" recorded at the south 
Worcester district registry of deeds in plan book 407, plan 8. 

SECTION 5. Notwithstanding sections 40E to 40J, inclusive, of chapter 7 of the 
General Laws or any other general or special law to the contrary, the commissioner of capital 
asset management and maintenance, in consultation with the commissioner offish and game, 
may convey to the town of Athol easements or lesser interests for drinking water supply 
wellhead protection over all or portions of a certain parcel of land of the commonwealth 
identified in section 6. The commissioner of capital asset management and maintenance, in 
consultation with the commissioner offish and game, may determine the exact boundaries 
of the easements or lesser interests after completion of a survey. 



929 



Chap. 225 

SECTION 6. The parcel of land to be subject to the wellhead protection easements 
under section 5 is identified as follows: land in Athol described in a deed to the 
commonwealth recorded at the south Worcester district registry of deeds in book 1 604 1 , page 
1 60 and shown on a plan entitled "Plan of Land in Athol, Massachusetts prepared for Mount 
Grace Land Conservation Trust, Inc." recorded at the south Worcester district registry of 
deeds in plan book 670, plan 86. 

SECTION 7. Notwithstanding sections 40E to 40J, inclusive, of chapter 7 of the 
General Laws or any other general or special law to the contrary, the commissioner of capital 
asset management and maintenance, in consultation with the commissioner offish and game, 
may convey to the town of Athol easements or lesser interests for the construction, 
maintenance and use of a bicycle path across all or portions of a certain parcel of land of the 
commonwealth identified in section 8. The commissioner of capital asset management and 
maintenance, in consultation with the commissioner of fish and game, may determine the 
exact boundaries of the bike path easement after completion of a survey. 

SECTION 8. The parcel of land to be subject to the bicycle path easements under 
section 7 is identified as follows: land in Athol described in a deed to the commonwealth 
recorded at the south Worcester district registry of deeds at book 16041, page 160 (parcel 
III). 

SECTION 9. Notwithstanding sections 40E to 40J, inclusive, of chapter 7 of the 
General Laws or any other general or special law to the contrary and in consideration for the 
conveyances authorized in sections 3 to 8, inclusive, the commissioner of capital asset 
management and maintenance, in consultation with the commissioner offish and game, may 
take under chapter 79 of the General Laws or otherwise acquire and the town of Athol may 
convey easements or lesser interests through a conservation restriction under sections 31,32 
and 33 of chapter 184 of the General Laws for the preservation and protection of wildlife 
habitat and passive recreation and consistent purposes, in all or portions of certain parcels 
of land identified in section 10. The parcels were acquired by the town of Athol for water 
supply purposes. The conservation restriction authorized by this section shall allow for the 
town to retain the right to use the premises as a potential water supply for the town. The 
conservation restriction, if taken and not otherwise acquired, shall be subject to any easement 
or lesser interest in land held by any person or governmental agency, except for the town, that 
lawfully exists and is recorded in the appropriate registry of deeds, unless the commissioner 
of capital asset management and maintenance expressly takes the easement or lesser interest 
through eminent domain under said chapter 79. 

SECTION 10. The parcels of land, including lands under water, to be subject to the 
conservation restriction under section 9 are identified as follows: land in Athol, including 
lands under water, located along South Royalston road and Bearsden road, associated with 
Newton Reservoir and its watershed, described in deeds to the town of Athol recorded at the 
south Worcester district registry of deeds in book 3543, page 194; book 1995, page 600; and 
book 1836, page 133 (parcels 24, 25, 26, 27, 28, 29 and 30). 



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Chap. 225 

SECTION 11. The consideration for the 3 easements described in sections 3 to 8, 
inclusive, and the conservation restriction described in sections 9 and 1 shall be the full and 
fair market value of the easements or conservation restriction for the uses authorized by this 
act, as determined by the commissioner of the division of capital asset management and 
maintenance based upon 1 or more independent professional appraisals. The authorization 
granted in said sections 3 to 10, inclusive, shall be contingent on the appraised value of the 
conservation restriction described in sections 9 and 10 being equal to or greater than the 
appraised value of the 3 easements described in sections 3 to 8, inclusive, as determined by 
1 or more independent professional appraisals; provided, however, that the commissioner of 
capital asset management and maintenance may accept the findings of previous appraisals 
of the easements or conservation restriction conducted by an appraiser acceptable to the 
commissioner. 

SECTION 12. Notwithstanding any other general or special law to the contrary, the 
inspector general shall review and approve the appraisals required pursuant to section 1 1 . 
The inspector general may prepare a report of his review of the methodology utilized for the 
appraisal and may file the report with the commissioner of capital asset management and 
maintenance. Within 1 5 days after receiving the inspector general's report but not later than 
15 days before the execution of any agreement or other document under this act, the 
commissioner may submit the report to the house and senate committees on ways and means 
and the joint committee on state administration and regulatory oversight. 

SECTION 13. Costs and expenses associated with the transactions authorized in this 
act shall be apportioned as agreed by the town of Athol and the department offish and game. 

Approved August 4, 2010. 



Chapter 226. AN ACT AUTHORIZING THE TOWN OF COHASSET TO USE A 
CERTAIN PARCEL OF WATER SUPPLY LAND FOR GENERAL 
MUNICIPAL PURPOSES. 

Be it enacted, etc., as follows: 

SECTION 1. The town of Cohasset, acting by and through its board of water 
commissioners and board of selectmen may transfer to its board of selectmen the care, 
custody and control of a portion of a certain parcel of land acquired for water supply 
purposes to be used for general municipal purposes. The parcel is described in an order of 
taking made by the town on October 25, 1950 and recorded in the Norfolk county registry 
of deeds in book 2950, page 182 and is located northwesterly off Sohier street as shown on 
assessor map 1 5, parcel 2. The portion to be transferred by the town is designated as Parcels 
4A and 4B, containing 1.32 acres and shown on a plan entitled "PLAN OF LAND North 
Main Street & Sohier Street in Cohasset, MA" dated March 22, 201 0, prepared by Cavanaro 



931 



Chap. 226 

Consulting, which is on file in the office of the board of water commissioners. 

SECTION 2. In consideration for the transfer authorized in section 1, the town of 
Cohasset shall release a parcel of land from municipal use and transfer it to the board of 
water commissioners to be designated for water supply purposes. The parcel is shown as 
Parcel 2B on the plan described in section 1 containing 1.32 acres and is a portion of a larger 
parcel shown as Lot 2 on said plan, acquired by the town for municipal use. 

SECTION 3. If the land transferred pursuant to section 1 ceases to be used for the 
purposes described in said section 1, the land shall revert to the town of Cohasset board of 
water commissioners and shall be dedicated for water supply purposes. 

SECTION 4. This act shall take effect upon its passage. 

Approved August 4, 2010. 



Chapter 227. AN ACT RELATIVE TO PROPERTY TAX EXEMPTIONS IN THE 
TOWN OF ASHLAND. 

Be it enacted, etc., as follows: 

SECTION 1. Notwithstanding clause Forty-first C Vi of section 5 of chapter 59 of 
the General Laws or any other general or special law, or rule or regulation to the contrary, 
the town of Ashland may determine eligibility for the real estate tax exemption under said 
clause Forty-first C l A of said section 5 of said chapter 59 based on the gross receipts of the 
taxpayer from all sources or, if the taxpayer is married, combined gross receipts. 

SECTION 2. This act shall take effect as of June 1, 2010. 

Approved August 4, 2010. 



Chapter 228. AN ACT DESIGNATING A CERTAIN ROAD IN THE TOWN OF 
UXBRIDGE AS THE BENNY EMERICK'S ROAD TO BOSTON. 

Be it enacted, etc., as follows: 

A portion of route 16 in the town of Uxbridge, beginning at the intersection of West 
River road and ending at the Mendon town line, shall be designated and known as the 
Sergeant Benjamin P. "Benny" Emerick' s "Road to Boston." The Massachusetts Department 
of Transportation shall erect and maintain suitable markers bearing that designation in 
compliance with the standards of the department and any existing historic preservation 
guidelines or statutes. 

Approved August 4, 2010. 



932 



Chapter 229. AN ACT RELATIVE TO THE AGREEMENT AMONG THE STATES 
TO ELECT THE PRESIDENT BY NATIONAL POPULAR VOTE. 

Be it enacted, etc., as follows: 

An agreement is hereby entered into with all jurisdictions legally joining therein in 
substantially the following form:- 

Article I, Membership. 

Any state may become a member of this agreement by enacting this agreement. 

Article II. Right of the people in member states to vote for president and vice 
president. 

Each member state shall conduct a statewide popular election for president and vice 
president of the United States. 

Article III. Manner of appointing presidential electors in member states. 

Prior to the time set by law for the meeting and voting by the presidential electors, 
the chief election official of each member state shall determine the number of votes for each 
presidential slate in each state in which votes have been cast in a statewide popular election 
and shall add such votes together to produce a national popular vote total for each 
presidential slate. 

The chief election official of each member state shall designate the presidential slate 
with the largest national popular vote total as the national popular vote winner. 

The presidential elector certifying official of each member state shall certify the 
appointment in that official's own state of the elector slate nominated in that state in 
association with the national popular vote winner. 

At least 6 days before the day fixed by law for the meeting and voting by the 
presidential electors, each member state shall make a final determination of the number of 
popular votes cast in the state for each presidential slate and shall communicate an official 
statement of such determination within 24 hours to the chief election official of each other 
member state. 

The chief election official of each member state shall treat as conclusive an official 
statement containing the number of popular votes in a state for each presidential slate made 
by the day established by federal law for making a state's final determination conclusive as 
to the counting of electoral votes by congress. 

In event of a tie for the national popular vote winner, the presidential elector 
certifying official of each member state shall certify the appointment of the elector slate 
nominated in association with the presidential slate receiving the largest number of popular 
votes within that official's own state. 

If, for any reason, the number of presidential electors nominated in a member state 
in association with the national popular vote winner is less than or greater than that state's 
number of electoral votes, the presidential candidate on the presidential slate that has been 
designated as the national popular vote winner shall have the power to nominate the 
presidential electors for that state and that state's presidential elector certifying official shall 
certify the appointment of such nominees. The chief election official of each member state 



933 



Chap. 229 

shall immediately release to the public all vote counts or statements of votes as they are 
determined or obtained. 

This article shall govern the appointment of presidential electors in each member 
state in any year in which this agreement is, on July 20, in effect in states cumulatively 
possessing a majority of the electoral votes. 

Article IV. Other Provisions. 

This agreement shall take effect when states cumulatively possessing a majority of 
the electoral votes have enacted this agreement in substantially the same form and the 
enactments by such states have taken effect in each state. 

Any member state may withdraw from this agreement, except that a withdrawal 
occurring 6 months or less before the end of a president's term shall not become effective 
until a president or vice president shall have been qualified to serve the next term. 

The chief executive of each member state shall promptly notify the chief executive 
of all other states when this agreement has been enacted and has taken effect in that official' s 
state, when the state has withdrawn from this agreement, and when this agreement takes 
effect generally. 

This agreement shall terminate if the electoral college is abolished. 

Article V. Definitions. 

As used in this agreement: - 

"Chief executive" means the governor of a state of the United States or the mayor of 
the District of Columbia. 

"Elector slate" means a slate of candidates who have been nominated in a state for 
the position of presidential elector in association with a presidential slate. 

"Chief election official" means the state official or body that is authorized to certify 
the total number of popular votes for each presidential slate. 

"Presidential elector" means an elector for president and vice president of the United 
States. 

"Presidential elector certifying official" means the state official or body that is 
authorized to certify the appointment of the state's presidential electors. 

"Presidential slate" means a slate of 2 persons, the first of whom has been nominated 
as a candidate for president of the United States and the second of whom has been nominated 
as a candidate for vice president of the United States, or any legal successors to such persons, 
regardless of whether both names appear on the ballot presented to the voter in a particular 
state. 

"State" means a state of the United States and the District of Columbia. 

"Statewide popular election" means a general election in which votes are cast for 
presidential slates by individual voters and counted on a statewide basis. 

Approved August 4, 2010. 



934 



Chapter 230. AN ACT AUTHORIZING THE TOWN OF NORTH ANDOVER TO 
AMEND A CERTAIN CONSERVATION RESTRICTION 

Be it enacted, etc., as follows: 

SECTION 1. The conservation commission and the board of selectmen of the town 
of North Andover may release a certain conservation restriction granted to the town by 
Boston Hill Development, L.L.C. on June 13, 2006, and recorded at the North Essex registry 
of deeds in book 10282 at page 272. The conservation restriction was granted to the town 
of North Andover on 1 8.74 acres of a 33.35 acre parcel by Boston Hill Development, L.L.C. 
and is shown as "Open Space Parcel 'A'" above the title "EXISTING CONSERVATION 
RESTRICTION (WITH PREVIOUSLY PROPOSED DEVELOPMENT)" on the plan 
entitled "PROPOSED MODIFICATION TO CONSERVATION RESTRICTION, THE 
BOSTON HILL PREMISES NORTH ANDOVER, MA" dated January 29, 2009, and 
prepared for Elm Development Services, L.L.C. 200 North Main Street, East Longmeadow, 
MA 01028 by Marchionda & Associates, Limited Partnership. 

SECTION 2. In consideration of the release set forth in section 1, Boston Hill 
Development, L.L.C. shall grant a conservation restriction to the board of selectmen and 
conservation commission of the town of North Andover on 25 . 1 4 acres of the said 33.35 acre 
parcel to reflect the modification of the grantor's proposed development plans. This 
conservation restriction is shown as "Open Space Parcel "A'" above the title "PROPOSED 
MODIFIED CONSERVATION RESTRICTION (WITH CURRENTLY PROPOSED 
DEVELOPMENT)" on the plan entitled "PROPOSED MODIFICATION TO 
CONSERVATION RESTRICTION, THE BOSTON HILL PREMISES NORTH 
ANDOVER, MA" dated January 29, 2009 and prepared for Elm Development Services, 
L.L.C. 200 North Main Street, East Longmeadow, MA 01 028 by Marchionda & Associates, 
Limited Partnership. 

SECTION 3. The conservation commission and the board of selectmen of the town 
of North Andover shall take all actions they deem necessary or advisable in their sole 
discretion to carry out the release of the conservation restriction and acceptance of a new 
conservation restriction as set forth in sections 1 and 2 including, without limitation, the 
execution of all documents relative thereto. 

Approved August 4, 2010. 



Chapter 231. AN ACT ESTABLISHING A SHELLFISH MITIGATION RECEIPTS 
RESERVED FOR APPROPRIATION FUND IN THE TOWN OF 
DENNIS. 

Be it enacted, etc., as follows: 

SECTION 1. Notwithstanding section 53 of chapter 44 of the General Laws or any 



935 



Chap. 231 

other general or special law, rule or regulation to the contrary, there shall be a special fund 
in the town of Dennis to be known as the Shellfish Mitigation Receipts Reserved for 
Appropriation Fund. There shall be deposited into the fund monies collected by the town of 
Dennis conservation commission as mitigation payments for projects that impact public 
waterways and shellfish habitats. The fund shall be used exclusively for shellfish resource 
enhancements, shellfish habitats or capital improvements. 

SECTION 2. The Shellfish Mitigation Receipts Reserved for Appropriation Fund 
shall be maintained by the town treasurer as a separate account, subject to applicable 
provisions of chapter 44 of the General Laws and any interest accrued shall be credited to 
and become part of the fund. 

Approved August 4, 2010. 



Chapter 232. AN ACT RELATIVE TO PENSION DIVESTMENT FROM CERTAIN 
COMPANIES THAT INVEST IN THE REPUBLIC OF IRAN. 

Be it enacted, etc., as follows: 

SECTION 1 . As used in this act the following words shall, unless the context clearly 
requires otherwise, have the following meanings: — 

"Active business operations", all business operations in Iran that are not inactive 
business operations. 

"Board", the pension reserves investment management board established in section 
23 of chapter 32 of the General Laws. 

"Business operations in Iran", providing goods or services deployed to develop 
petroleum resources in Iran, including acquiring, developing, maintaining, owning, selling, 
possessing, leasing or operating equipment, facilities, personnel, products, services, personal 
property, real property or any other apparatus of business or commerce and has knowingly 
on or after August 5, 1 996 made an investment or investments in Iran of at least $20,000,000 
in any 1 year period which directly or significantly contributes to the enhancement of Iran's 
ability to develop its petroleum resources; provided, however, that this definition shall not 
apply to a company that has inactive business operations in Iran. 

"Company", a sole proprietorship, organization, association, corporation, partnership, 
joint venture, limited partnership, limited liability partnership, limited liability company or 
other entity or business association, including all wholly-owned subsidiaries, majority-owned 
subsidiaries, parent companies or affiliates of such entities or business associations that exist 
for profit-making purposes. 

"Direct holdings", all securities of a company held directly by the public fund or in 
an account or fund in which the public fund owns all shares or interests. 

"Government of Iran", the government of the Islamic Republic of Iran. 



936 



Chap. 232 

"Inactive business operations", the continued holding or renewal of rights to property 
previously operated for the purpose of generating revenues but not presently deployed for 
such purpose. 

"Indirect holdings", all securities of a company held in an account or fund, such as 
a mutual fund, managed by 1 or more persons not employed by the public fund, in which the 
public fund owns shares or interests together with other investors not subject to this act. 

"Petroleum resources", includes, but shall not be limited to: (1) owning rights to oil 
blocks or natural gas reserves; (2) exporting, extracting, producing, refining, processing, 
exploring for, transporting, selling or trading of oil or natural gas; (3) constructing, 
maintaining or operating a pipeline, refinery or other oil-field infrastructure; and (4) 
facilitating such activities, including by providing supplies or services in support of such 
activities; provided, that the mere retail sale of gasoline and related consumer products shall 
not be considered oil -related activities. 

"Public fund", the Pension Reserves Investment Trust or the Pension Reserves 
Investment Management Board charged with managing the pooled investment fund 
consisting of the assets of the State Employees' and Teachers' Retirement Systems as well 
as the assets of local retirement systems under the control of the board. 

"Scrutinized company", any company conducting business operations in Iran. 

"Substantial action", adopting, publicizing and implementing a formal plan to cease 
scrutinized business operations in Iran within 1 year and to refrain from any such new 
business operations in Iran. 

SECTION 2. Notwithstanding any general or special law to the contrary, within 90 
days of the effective date of this act, the public fund shall make its best efforts to facilitate 
the identification of all scrutinized companies in which the public fund has direct or indirect 
holdings. The identification of scrutinized companies shall be the responsibility of an 
independent, third-party research firm, as identified by the public fund, and based on the 
criteria set forth in this act. By the first meeting of the public fund following the 90 day 
period, the public fund shall assemble all scrutinized companies in which it has direct or 
indirect holdings into a scrutinized companies list. The public fund shall update the 
scrutinized companies list on a quarterly basis based on evolving information from the 
independent, third-party research firm. 

SECTION 3. Notwithstanding any general or special law to the contrary, the public 
fund shall adhere to the following procedure for companies on the scrutinized companies list: 

(a)(1) The public fund shall determine the companies on the scrutinized companies 
list, created under section 2, in which the public fund owns direct or indirect holdings. 

(2) The public fund shall sell, redeem, divest or withdraw all publicly-traded 
securities of each company identified in paragraph ( 1 ) with active business operations in Iran, 
except as provided in subsection (c) and section 5, according to the following schedule: (i) 
at least 50 per cent of such assets shall be removed from the public fund's assets under 
management within 6 months after the company's most recent appearance on the scrutinized 
companies list; and (ii) 100 per cent of such assets shall be removed from the public fund's 



937 



Chap. 232 

assets under management within 12 months after the company's most recent appearance on 
the scrutinized companies list; provided, however, that this paragraph shall only apply while 
such company continues to have scrutinized active business operations in Iran. 

(3) During the time period outlined in paragraph (2), the public fund may sign onto 
engagement letters or participate in shareholder resolutions regarding the scrutinized business 
operations of companies identified in paragraph (1) with active or inactive business 
operations in Iran in which the public fund still owns direct or indirect holdings; 

(4) If a company identified in paragraph (1) with only inactive business operations 
in Iran converts such operations to active business operations in Iran, paragraph (2) shall 
immediately apply. The company shall also be immediately placed onto the scrutinized 
companies list. 

(b) At no time shall the public fund acquire securities of companies on the scrutinized 
companies list that have active business operations in Iran, except as provided in subsections 
(c) and (d). 

(c) No company which the United States government affirmatively declares to be 
excluded from its present or future federal sanctions regime relating to the government of 
Iran shall be subject to divestment or an investment prohibition under subsections (a) and (b). 

(d) Notwithstanding anything in this act to the contrary, subsections (a) and (b) shall 
not apply to indirect holdings in actively managed investment funds; provided, however, that 
the public fund shall submit letters to the managers of such investment funds containing 
companies with scrutinized active business operations in Iran requesting that they consider 
removing such companies from the investment fund or create a similar actively managed 
fund with indirect holdings devoid of such companies. If the manager creates a similar fund, 
the public fund shall replace all applicable investments with investments in the similar fund 
in an expedited timeframe consistent with prudent investing standards. For the purposes of 
this section, private equity funds shall be deemed to be actively managed investment funds. 

SECTION 4. Notwithstanding any general or special law to the contrary, with 
respect to actions taken in compliance with this act, the public fund shall be exempt from any 
conflicting statutory or common law obligations, including any such obligations with respect 
to choice of asset managers, investment funds or investments for the public fund's securities 
portfolios and all good faith determinations regarding companies as required by this act. 

SECTION 5. Notwithstanding any general or special law to the contrary, the public 
fund shall be permitted to cease divesting from certain scrutinized companies under 
subsection (a) of section 3, reinvest in certain scrutinized companies from which it divested 
under said subsection (a) of said section 3 or continue to invest in certain scrutinized 
companies from which it has not yet divested upon clear and convincing evidence showing 
that the total and aggregate value of all assets under management by, or on behalf of, the 
public fund becomes: (i) equal to or less than 99.5 per cent; or (ii) 100 per cent less 50 basis 
points of the hypothetical value of all assets under management by, or on behalf of, the 
public fund assuming no divestment for any company had occurred under said subsection (a) 



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of said section 3. Cessation of divestment, reinvestment or any subsequent ongoing 
investment authorized by this section shall be strictly limited to the minimum steps necessary 
to avoid the contingency set forth in the preceding sentence. 

For any cessation of divestment, and in advance of such cessation, authorized by this 
subsection, the public fund shall provide a written report to the attorney general, the senate 
and house committees on ways and means and the joint committee on public service, updated 
semi-annually thereafter as applicable, setting forth the reasons and justification, supported 
by clear and convincing evidence, for its decisions to cease divestment of holdings in 
companies on the scrutinized companies list or to reinvest or remain invested in companies 
with scrutinized active business operations in Iran. 

SECTION 6. The public fund shall file a copy of the scrutinized companies list with 
the clerks of the senate and the house of representatives and the attorney general within 30 
days after the list is created. Annually thereafter, the public fund shall file a report with the 
clerks of the senate and the house of representatives and the attorney general that includes: 
(1) the most recent scrutinized companies list; (2) all investments sold, redeemed, divested 
or withdrawn in compliance with subsection (a) of section 3; (3) all prohibited investments 
from which the public fund has not yet divested under subsection (b) of said section 3; and 
(4) any progress made under subsection (d) of said section 3. 

SECTION 7. This act shall expire upon: (i) the United States Department of State 
removing Iran from its list of state sponsors of terrorism and certifying that Iran is no longer 
pursuing a nuclear capability in violation of its international commitments and obligations; 
or (ii) the President of the United States declaring that this act interferes with the conduct of 
the United States foreign policy. 

SECTION 8. The treasurer shall conform all public fund investments related to 
companies doing business with Iran with 22 U.S.C. 8532. 

Approved August 4, 2010. 



Chapter 233. AN ACT RELATIVE TO CERTAIN EASEMENTS IN THE TOWN OF 
ANDOVER. 

Be it enacted, etc., as follows: 

The conservation commission of the town of Andover may grant 3 easements over 
conservation land to the board of selectmen for water supply and drainage for a subdivision 
as shown on a plan entitled "Street Acceptance Plan of Granli Drive in Andover, Mass." 
dated December 16, 1988 and drawn by Dana F. Perkins & Associates, Inc., Tewksbury, 
Massachusetts and on file in the office of the department of public works in said town. The 
easements include 1 permanent water easement and 2 permanent drainage easements. The 
permanent water easement is shown as "30' Water Easement" on Parcel A on said plan and 



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Chap. 233 

the permanent drainage easements are each shown as "30' Drainage Easement" on Parcel A 
situated between Lots 15 and 16 and Lots 20 and 21 on said plan. 

Approved August 4, 2010. 



Chapter 234. AN ACT RELATIVE TO CERTAIN BANKING LAWS. 

Be it enacted, etc., as follows: 

SECTION 1. Section 47 of chapter 167 of the General Laws is hereby repealed. 

SECTION 2. Section 2 of chapter 167D, as appearing in the 2008 Official Edition, 
is hereby amended by striking out subparagraph 1 and inserting in place thereof the following 
subparagraph :- 

1 . To receive deposits as authorized by this chapter and to receive demand, time and 
other types of deposits upon such terms and conditions as may be agreed upon between the 
depositor and the bank; provided, however, that a natural person 1 8 years of age or under or 
65 years of age or older may choose 1 demand deposit account and 1 savings account which, 
in each instance, shall include a joint account in which the spouse of the eligible depositor, 
regardless of age, is the joint tenant therein or the joint tenant would otherwise be an eligible 
depositor, and which has been established and used for personal, family or household 
purposes, upon which no service, maintenance or other similar charge shall be imposed. No 
such account shall be subject to: (i) a minimum balance requirement; (ii) a charge for a 
deposit or withdrawal; or (iii) a fee for the initial order or subsequent refills of the basic line 
of checks offered by the bank, which shall include the name of the depositor. For the 
purposes of this subparagraph, the term "savings account" shall include a regular passbook, 
regular statement savings or regular NOW account, so-called. A savings account in trust for 
another person shall be covered by the notice, services, fee and charge provisions of this 
subparagraph only if the trustee is a person 1 8 years of age or under or 65 years of age or 
older. A consumer shall notify a bank of his eligibility for such accounts and provide proof 
of age in a form acceptable to the bank. A bank may, however, assess a fee for certain 
services in accordance with the bank's published service charge schedule which shall 
include, stop payment orders, wire transfers, certified or bank checks, money orders, deposit 
items returned, transactions at electronic branches and through other electronic devices a 
reasonable charge, as determined by the commissioner, against any such account when 
payment on a check or other transaction on the account has been refused because of 
insufficient funds or paid despite insufficient funds. A bank shall post in each of its banking 
offices a notice informing consumers of the availability of the banking services prescribed 
by this subparagraph. A bank shall, in addition to the notice posting requirement, disclose 
annually to all depositors, in a manner of its choosing, the provisions of this subparagraph 
applicable to a person 1 8 years of age or younger or 65 years of age or older. For the 
purposes of this subparagraph, the term "check or other transaction" shall include, but not 



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Chap. 234 

be limited to, a check for purposes of the Check Clearing for the 21 st Century Act, 12 USC 
Sec. 5001 et seq., an electronic funds transfer as defined in section 1 of chapter 167B or 
regulations thereunder or a transaction processed by an automated clearinghouse. 

Approved August 4, 2010. 



Chapter 235. AN ACT RELATIVE TO QUALIFIED FINANCIAL CONTRACTS. 

Be it enacted, etc., as follows: 

SECTION 1. Chapter 175 of the General Laws is hereby amended by striking out 
section 180 A, as appearing in the 2008 Official Edition, and inserting in place thereof the 
following section :- 

Section 180A. The following words as used in sections 180A to 180L!/2, inclusive, 
unless the context otherwise requires or a different meaning is specifically prescribed, shall 
have the following meanings: 

"Affiliate", of, or person affiliated with, a specific person, is a person that directly or 
indirectly through 1 or more intermediaries, controls, or is controlled by, or is under common 
control with, the person specified. 

"Ancillary state", any state other than a domiciliary state. 

"Control", "controlling", "controlled by" and "under common control with", the 
possession, direct or indirect, of the power to direct or cause the direction of the management 
and policies of a person, whether through the ownership of voting securities, by contract 
other than a commercial contract for goods or nonmanagement services, or otherwise, unless 
the power is the result of an official position with or corporate office held by the person. 
Control shall be presumed to exist if any person, directly or indirectly, owns, controls, holds 
with the power to vote, or holds proxies representing, 10 per cent or more of the voting 
securities of any other person. This presumption may be rebutted by a showing that control 
does not exist in fact. The commissioner may determine, after furnishing all persons in 
interest notice and an opportunity to be heard and making specific findings of fact to support 
the determination, that control exists in fact, notwithstanding the absence of a presumption 
to that effect. 

"Delinquency proceeding", any proceeding commenced against an insurer for the 
purpose of liquidating, rehabilitating, reorganizing, or conserving such insurer. 

"Domiciliary state", the state in which an insurer is incorporated or organized, or, in 
the case of an insurer incorporated or organized in a foreign country, the state in which such 
insurer, being authorized to do business in such state, has its principal office at the 
commencement of rehabilitation, conservation or liquidation proceedings or the largest 
amount of its assets held in trust and assets held on deposit for the benefit of its policyholders 
and creditors in the United States; and any such insurer shall be deemed to be domiciled in 
such state. 



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Chap. 235 

"Foreign country", a territory not in any state. 

"General assets", all property, real, personal or mixed, not specifically mortgaged, 
pledged, deposited or otherwise encumbered for the security or benefit of specified persons 
or a limited class or classes of persons; and as to such specifically encumbered property such 
term includes all such property or its proceeds in excess of the amount necessary to discharge 
the sum or sums secured thereby. Assets held in trust and assets held on deposit for the 
security or benefit of all policyholders, or all policyholders and creditors in the United States, 
shall be deemed general assets. Pursuant to the applicable separate account agreements and 
section 132F or section 132G, assets of a separate account that are not chargeable with 
liabilities arising out of any other business of the insurer shall not be general assets. 

"Insurer", any person subject to the insurance supervisory authority of or to 
liquidation, rehabilitation, reorganization, or conservation by the commissioner or the 
equivalent insurance supervisory official of another state. 

"Netting agreement", (1) a contract or agreement, including terms and conditions 
incorporated by reference therein, including a master agreement, which master agreement, 
together with all schedules, confirmations, definitions and addenda thereto and transactions 
under any thereof, shall be treated as 1 netting agreement, that documents 1 or more 
transactions between the parties to the agreement for or involving 1 or more qualified 
financial contracts and that provides for the netting, liquidation, setoff, termination, 
acceleration or close out under or in connection with 1 or more qualified financial contracts 
or present or future payment or delivery obligations or payment or delivery entitlements 
thereunder, including liquidation or close-out values relating to such obligations or 
entitlements, among the parties to the netting agreement; (2) any master agreement or bridge 
agreement for 1 or more master agreements described in clause (1); or (3) any security 
agreement or arrangement or other credit enhancement or guarantee or reimbursement 
obligation related to any contract or agreement described in clause (1) or clause (2); 
provided, that any contract or agreement described in said clause (1) or said clause (2) 
relating to agreements or transactions that are not qualified financial contracts shall be 
considered to be a netting agreement only with respect to those agreements or transactions 
that are qualified financial contracts. 

"Person", an individual, corporation, limited liability company, partnership, 
association, joint stock company, trust, unincorporated organization, any similar entity or any 
combination of the foregoing acting in concert, but shall not include a joint venture 
partnership exclusively engaged in owning, managing, leasing or developing real or tangible 
personal property. 

"Preferred claim", any claim with respect to which the law of a state accords priority 
of payment from the general assets of the insurer. 

"Qualified financial contract", a commodity contract, forward contract, repurchase 
agreement, securities contract, swap agreement and any similar agreement that the 
commissioner determines by regulation, resolution or order to be a qualified financial 
contract for purposes of sections 180A to I8OLV2, inclusive. 



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Chap. 235 

(1) "Commodity contract": 

(i) a contract for the purchase or sale of a commodity for future delivery on, or subject 
to the rules of, a board of trade or contract market under the Commodity Exchange Act, 7 
U.S.C. § 1, et seq. or a board of trade outside the United States; 

(ii) an agreement that is subject to regulation under section 19 of the Commodity 
Exchange Act, 7 U.S.C. § 1 , et seq. and that is commonly known to the commodities trade 
as a margin account, margin contract, leverage account or leverage contract; 

(iii) an agreement or transaction that is subject to regulation under Section 4c(b) of 
the Commodity Exchange Act and that is commonly known to the commodities trade as a 
commodity option; 

(iv) any combination of the agreements or transactions referred to in this paragraph; 
or 

(v) any option to enter into an agreement or transaction referred to in this paragraph. 

(2) "Forward contract", "repurchase agreement", "securities contract" and "swap 
agreement" shall have the meanings set forth in the Federal Deposit Insurance Act, 1 2 U.S.C. 
§ 1821(e)(8)(D), as amended. 

"Receiver", receiver, liquidator, rehabilitator or conservator as the context requires. 

"Reciprocal state", any other state in which provisions of like substance and effect 
with sections 180A to 180L, inclusive, are in force, including the provisions requiring that 
the commissioner or equivalent insurance supervisory official be the receiver of a delinquent 
insurer. The term "reciprocal state" shall also include any state also which has, through its 
commissioner or equivalent supervisory official, entered into a binding and enforceable 
written agreement with the commissioner of the commonwealth which provides that (1) a 
commissioner or equivalent supervisory official is required to be the receiver of a delinquent 
insurer; (2) title assets of the delinquent insurer shall vest in the domiciliary receiver, as of 
the date of any court order appointing him as receiver, and he shall have the same rights to 
recover such assets as provided under section 180E; (3) nondomiciliary creditors may file 
and prove their claims before ancillary receivers; (4) the laws of the domiciliary state of the 
delinquent insurer shall be applied uniformly to residents and nonresidents in the allowance 
of preference of claims, except for claims to special deposits created under the laws of the 
domiciliary state; (5) preferences, including attachments, garnishments and liens, for 
creditors with advance information shall be prevented; and (6) the domiciliary receiver may 
sue in the reciprocal state to recover any assets of a delinquent insurer to which he or she 
may be entitled under the law. 

"Secured claim", any claim secured by mortgage, trust, deed, pledge, deposit as 
security, escrow or otherwise, and does not include special deposit claims or claims against 
general assets. Said term also includes claims which more than 4 months prior to the 
commencement of liquidation proceedings in the state of the insurer's domicile have become 
liens upon specific assets by virtue of judicial process. 

"Separate account agreement", any life policy or contract, annuity contract, funding 
agreement or other policy or contract referred to in section 132F, 132G or 1321, providing 



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Chap. 235 

for the allocation of amounts received in connection with such policy, contract or agreement 
to a separate investment account or accounts created pursuant to section 132F or section 
132G. 

"Special deposit claim", any claim secured by a deposit of a fund, property or bond, 
which deposit has been made pursuant to law for the security or benefit of a limited class or 
classes of persons and does not include any general assets. 

"State", any state of the United States, and also the District of Columbia, Alaska, 
Hawaii and Puerto Rico. 

"Transfer", shall include the sale and every other and different mode, direct or 
indirect, of disposing of or of parting with property or with an interest therein, including a 
setoff, or with the possession thereof or of fixing a lien upon property or upon an interest 
therein, absolutely or conditionally, voluntarily or involuntarily, by or without judicial 
proceedings. The retention of a security title in property delivered to an insurer and 
foreclosure of the insurer's equity of redemption shall be deemed a transfer suffered by the 
insurer. 

SECTION 2. Said chapter 1 75 is hereby further amended by inserting after section 
1 80L the following section:- 

Section I8OLV2. (a) Notwithstanding any other provision of sections 180A to I8OLV2, 
inclusive, including any other provision of said sections 180A to 180L l /2, inclusive, 
permitting the modification of contracts, or other law of a state, no person shall be stayed or 
prohibited from exercising: 

(1) a contractual right to cause the termination, liquidation, acceleration or close out 
any netting agreement or qualified financial contract with an insurer because of: 

(i) the insolvency, financial condition or default of the insurer at any time; provided, 
however, that the right is enforceable under applicable law other than sections 1 80A to 
1 8OLV2, inclusive; or 

(ii) the commencement of a rehabilitation proceeding under section 180B or a 
liquidation proceeding under section 1 80C; 

(2) any right under a pledge, security, collateral, reimbursement or guarantee 
agreement or arrangement or any other similar security agreement or arrangement or other 
credit enhancement relating to 1 or more netting agreements or qualified financial contracts; 

(3) subject to the last paragraph of section 1 80C, any right to set off or net out any 
termination value, payment amount, or other transfer obligation arising under or in 
connection with 1 or more qualified financial contracts where the counterparty or its 
guarantor is organized under the laws of the United States or a state or foreign jurisdiction 
approved by the Securities Valuation Office of the National Association of Insurance 
Commissioners as eligible for netting; or 

(4) if a counterparty to a master netting agreement or a qualified financial contract 
with an insurer subject to a rehabilitation proceeding under section 180B or a liquidation 
proceeding under section 1 80C terminates, liquidates, closes out or accelerates the agreement 



944 



Chap. 235 

or contract, damages shall be measured as of the date or dates of termination, liquidation, 
close out or acceleration. The amount of a claim for damages shall be actual direct 
compensatory damages calculated in accordance with subsection (f). 

(b) Upon termination of a netting agreement or qualified financial contract, the net 
or settlement amount, if any, owed by a non-defaulting party to an insurer which is the 
subject of a rehabilitation proceeding under section 1 80B or a liquidation proceeding under 
section 1 80C shall be transferred to or on the order of the receiver for the insurer, even if the 
insurer is the defaulting party, notwithstanding any walkaway clause in the netting agreement 
or qualified financial contract. For purposes of this subsection, the term "walkaway clause" 
means a provision in a netting agreement or a qualified financial contract that, after 
calculation of a value of a party's position or an amount due to or from 1 of the parties in 
accordance with its terms upon termination, liquidation or acceleration of the netting 
agreement or qualified financial contract, either does not create a payment obligation of a 
party or extinguishes a payment obligation of a party in whole or in part solely because of 
the party's status as a non-defaulting party. Any limited 2-way payment or "first method" 
provision in a netting agreement or qualified financial contract with an insurer that has 
defaulted shall be considered to be a full 2-way payment or "second method" provision as 
against the defaulting insurer. Any such property or amount shall, except to the extent it is 
subject to 1 or more secondary liens or encumbrances or rights of netting or setoff, be a 
general asset of the insurer. 

(c) In making any transfer of a netting agreement or qualified financial contract of an 
insurer which is the subject of a rehabilitation proceeding under section 1 80B or a liquidation 
proceeding under section 180C, the receiver shall either: 

(1) transfer to 1 party, other than an insurer which is the subject of either such 
proceeding, all netting agreements and qualified financial contracts between a counterparty 
or any affiliate of the counterparty and the insurer which is the subject of the proceeding, 
including: 

(i) all rights and obligations of each party under each netting agreement and qualified 
financial contract; and 

(ii) all property, including any guarantees or other credit enhancement, securing any 
claims of each party under each netting agreement and qualified financial contract; or 

(2) transfer none of the netting agreements, qualified financial contracts, rights, 
obligations or property referred to in paragraph (1 ), with respect to the counterparty and any 
affiliate of the counterparty. 

(d) If a receiver for an insurer makes a transfer of 1 or more netting agreements or 
qualified financial contracts, then the receiver shall use its best efforts to notify any person 
who is party to the netting agreements or qualified financial contracts of the transfer by 12 
noon, the receiver's local time, on the business day following the transfer. For purposes of 
this subsection, "business day" shall mean a day other than a Saturday, Sunday or any day 
on which either the New York Stock Exchange or the Federal Reserve Bank of New York 
is closed. 



945 



Chap. 235 

(e) Notwithstanding any other provision of sections 180A to I8OLV2, inclusive, a 
receiver may not avoid a transfer of money or other property arising under or in connection 
with a netting agreement or qualified financial contract, or any pledge, security, collateral or 
guarantee agreement or any other similar security arrangement or credit support document 
relating to a netting agreement or qualified financial contract, that is made before the 
commencement of a rehabilitation proceeding under section 1 80B or a liquidation proceeding 
under section 1 80C; provided, however, that a transfer may be avoided under chapter 1 09A 
if the transfer was made with actual intent to hinder, delay or defraud the insurer, a receiver 
appointed for the insurer, or existing or future creditors. 

(f)(1) In exercising the rights of disaffirmance or repudiation of a receiver with 
respect to a netting agreement or qualified financial contract to which an insurer is a party, 
the receiver for the insurer shall either: 

(i) disaffirm or repudiate all netting agreements and qualified financial contracts 
between a counterparty or an affiliate of a counterparty with the insurer that is the subject of 
a rehabilitation or liquidation proceeding; or 

(ii) disaffirm or repudiate none of the netting agreements and qualified financial 
contracts referred to in clause (i), with respect to the person or any affiliate of the person. 

(2) Notwithstanding any other provision of sections 1 80A to 1 8OLV2, any claim of a 
counterparty against the estate arising from the receiver's disaffirmance or repudiation of a 
netting agreement or qualified financial contract that has not been previously affirmed in the 
liquidation or immediately preceding rehabilitation proceeding shall be determined and shall 
be allowed or disallowed as if the claim had arisen before the date of the filing of the 
application for liquidation or, if a rehabilitation proceeding is converted to a liquidation 
proceeding, as if the claim had arisen before the date of the filing of the application for 
rehabilitation. The amount of the claim shall be the actual direct compensatory damages 
determined as of the date of the disaffirmance or repudiation of the netting agreement or 
qualified financial contract. The term "actual direct compensatory damages" shall not 
include punitive or exemplary damages, damages for lost profit or lost opportunity or 
damages for pain and suffering, but does include normal and reasonable costs of cover or 
other reasonable measures of damages utilized in the derivatives, securities or other market 
for the contract and agreement claims. 

(g) The term "contractual right", as used in this section, shall include any right set 
forth in a rule or by-law of a derivatives clearing organization, as defined in the Commodity 
Exchange Act, a multilateral clearing organization, as defined in the Federal Deposit 
Insurance Corporation Improvement Act of 1991 , a national securities exchange, a national 
securities association, a national securities clearing agency, a contract market designated 
under the Commodity Exchange Act, a derivatives transaction execution facility registered 
under the Commodity Exchange Act, or a board of trade, as defined in the Commodity 
Exchange Act, or in a resolution of the governing board thereof and any right, whether or not 
evidenced in writing, arising under statutory or common law, or under law merchant, or by 
reason of normal business practice. 



946 



Chap. 235 

(h) This section shall not apply to a person who is an affiliate of the insurer that is the 
subject of the proceeding. 

(i) All rights of counterparties under sections 180A to I8OLV2, inclusive, shall apply 
to netting agreements and qualified financial contracts entered into on behalf of the general 
account or separate accounts if the assets of each separate account are available only to 
counterparties to netting agreements and qualified financial contracts entered into on behalf 
of that separate account. 

Approved August 4, 2010. 



Chapter 236. AN ACT RELATIVE TO DISABLED FIREFIGHTERS. 

Be it enacted, etc., as follows: 

Chapter 3 1 of the General Laws is hereby amended by inserting after section 39 the 
following section:- 

Section 3 9 A. Any fire service personnel subject to the retraining requirements of 
section 39 shall be classified as a conditional employee during the retraining period as a 
precondition of reinstatement to his position. For purposes of this section, "conditional 
employee" shall mean a permanent employee of a fire department separated from his position 
because of disability for a period of time of more than 5 years. Such employee shall be 
entitled to the continuation of his disability status with no other compensation of rights due 
him until such time as he has successfully completed any approved retraining program 
required pursuant to said section 39 and has been subsequently reinstated to his position. No 
such employee shall increase his average rate of pay for pension purposes prior to the 
successful completion of the retraining program and reinstatement to his position. Such an 
employee shall be regarded as a member of the department from which he was separated to 
accommodate any retraining program approved by the personnel administrator. 

Approved August 4, 2010. 



Chapter 237. AN ACT RELATIVE TO CERTAIN EXEMPTIONS IN 
MASSACHUSETTS AUTOMOBILE INSURANCE PLANS. 

Be it enacted, etc., as follows: 

SECTION 1. The second paragraph of subsection (A) of section 1 13H of chapter 
175, as appearing in the 2008 Official Edition, is hereby amended by adding the following 
2 sentences:- Notwithstanding any law, rule, regulation, order, ruling or decision to the 
contrary, on and after January 1, 201 1 every insurance company writing private passenger 



947 



Chap. 237 

auto insurance in the commonwealth shall accept assignments of risks and any 
apportionment of premiums, losses or expenses, pursuant to the plan, and no exemption from 
those assignments, or from the apportionment of premiums, losses or expenses, shall 
thereafter be permitted; provided, however, that any exemption from the assignment of risks 
previously afforded any such insurance company shall be allowed to continue to be used until 
its expiration, but in no event shall the exemption continue beyond December 31, 2012. 
Assignments of risks and the apportionment of premiums, losses and expenses shall equal 
the proportion that each company's voluntary business bears to all companies' voluntary 
business and as adjusted for any credits calculated by the plan. 

SECTION 2. Subsection (B) of said section 113H of said chapter 175, as so 
appearing, is hereby amended by striking out the first paragraph and inserting in place thereof 
the following paragraph :- 

(b) The plan shall be prepared and administered by a governing committee appointed 
by the commissioner for terms of 6 years, consisting of 6 members from insurance companies 
participating in the plan and 1 additional representative from a domestic insurer in the 
commonwealth whose annual motor vehicle policy premiums amount to less than 2 and 
one-half per cent of the private passenger insurance market and unaffiliated with any other 
insurance company represented on the governing committee, and 6 members from 
associations of insurance producers, 2 of whom shall be producers who are assigned risk 
producers who write private passenger automobile insurance exclusively through the 
Massachusetts automobile assigned risk plan pursuant to the provisions of the plan approved 
under this section. Effective as of July 1, 1982, the governing committee shall consist of 3 
members from insurance companies participating in the plan and 2 members from 
associations of insurance producers appointed for terms of 6 years, 2 members from 
insurance companies participating in the plan, 2 members from associations of insurance 
producers appointed for terms of 4 years, 2 members from insurance companies participating 
in the plan and 2 members from associations of insurance producers for terms of 2 years. 
This section shall not be construed to alter or amend the terms of the present governing 
members. The governing committee shall be responsible for the hiring of the employees of 
the plan. 

SECTION 3. Subsection (D) of said section 113H of said chapter 175, as so 
appearing, is hereby amended by inserting after the first paragraph the following paragraph:- 

A duly licensed insurance producer, certified to place business in the plan, shall own 
and have an exclusive right, as the insured's producer of record, to use certain insurance 
information of the insured embodying the records of the insurance agency which shall 
include, but not be limited to, the name of the insured, the policy inception date, the amount 
of insurance coverage, the policy number and the terms of insurance. If a policyholder, 
insured through the plan with an assigned risk carrier, is offered voluntary coverage by that 
carrier and the policyholder accepts the offer, the insured's producer of record shall continue 
to represent the insured written or renewed in the voluntary market, and the policy shall be 



948 



Chap. 237 

continued to be serviced through the producer of record, unless: (1) the producer is 
decertified or suspended by the plan or the commissioner; (2) at the insured's request, the 
insured terminates the producer as its producer of record; or (3) the producer of record is 
precluded from dealing with other insurance companies pursuant to an exclusive agency 
contract; provided, however, that if a policy is written or renewed on a voluntary basis, the 
assigned risk carrier shall pay the insured's producer of record the commission rate as set 
forth in the first paragraph, regardless of whether the producer of record has an agency 
agreement with that assigned risk carrier. 

SECTION 4. The first paragraph of chapter 271 of the acts of 2008 is hereby 
amended by striking out the figure "2010", each time it appears, and inserting in place 
thereof, in each instance, the following figure:- 2015. 

SECTION 5. The second paragraph of said chapter 271 is hereby amended by 
striking out the figure "2011" and inserting in place thereof the following figure:- 2014. 

Approved August 4, 2010. 



Chapter 238. AN ACT DESIGNATING EUNICE KENNEDY SHRIVER DAY. 

Be it enacted, etc., as follows: 

Chapter 6 of the General Laws is hereby amended by inserting after section 
15NNNNN, inserted by section 1 of chapter 92 of the acts of 2010, the following section :- 

1 5QOOOO. The governor shall annually issue a proclamation setting aside the fourth 
Saturday of September as Eunice Kennedy Shriver Day, recommending its observance by the 
public in honoring the contributions of Eunice Kennedy Shriver on behalf of all disabled 
individuals, including her creation of the Special Olympics, through which she created a 
welcoming atmosphere where individual differences were celebrated, human dignity 
respected and spirits challenged among the citizens of the commonwealth and the world and 
recommending that said day be observed in an appropriate manner by the people. 

Approved August 4, 2010. 



Chapter 239. AN ACT ELIMINATING THE WORD "RETARDATION" FROM 
THE GENERAL LAWS. 

Be it enacted, etc., as follows: 

SECTION 1. Said section 17 of said chapter 10, as so appearing, is hereby further 
amended by striking out, in lines 18 and 19 and line 22, the words "mentally retarded 
persons" and inserting in place thereof, in each instance, the following words:- persons with 
an intellectual disability. 



949 



Chap. 239 

SECTION 2. Section 13 of chapter 18B of the General Laws, as so appearing, is 
hereby amended by striking out, in line 22, the words "mental retardation" and inserting in 
place thereof the following words:- intellectual disabilities. 

SECTION 3. Section 21 of chapter 19 of the General Laws, as so appearing, is 
hereby amended by striking out, in line 40, the words "mentally retarded individuals" and 
inserting in place thereof the following words:- persons with an intellectual disability. 

SECTION 4. Said section 21 of said chapter 19, as so appearing, is hereby further 
amended by striking out, in lines 46 and 47, the words "mentally retarded" and inserting in 
place thereof the following words:- persons with an intellectual disability. 

SECTION 5. Said section 21 of said chapter 19, as so appearing, is hereby further 
amended by striking out, in line 59, the words "mentally retarded persons" and inserting in 
place thereof the following words:- persons with an intellectual disability. 

SECTION 6. Section 1 of chapter 19B of the General Laws, as so appearing, is 
hereby amended by striking out, in lines 25, 26 and 27, 33, 42, 47 and 48, 49 and 51, the 
words "mental retardation" and inserting in place thereof, in each instance, the following 
words:- intellectual disabilities. 

SECTION 7. Said section 1 of said chapter 19B, as so appearing, is hereby further 
amended by striking out, in line 14, the words "mentally retarded citizens of the 
commonwealth" and inserting in place thereof the following words:- persons with an 
intellectual disability. 

SECTION 8. Said section 1 of said chapter 19B, as so appearing, is hereby further 
amended by striking out, in line 16 and 21, the words "mentally retarded persons" and 
inserting in place thereof, in each instance, the following words:- persons with an intellectual 
disability. 

SECTION 9. Section 10 of said chapter 19B, as so appearing, is hereby amended 
by striking out, in line 2, the words "mental retardation" and inserting in place thereof the 
following words:- intellectual disability. 

SECTION 10. Section 12 of said chapter 19B, as so appearing, is hereby amended 
by striking out, in lines 2, 7 and 8, the words "mental retardation" and inserting in place 
thereof, in each instance, the following words:- intellectual disability. 

SECTION 11. Section 13 of said chapter 19B, as so appearing, is hereby amended 
by striking out, in lines 3, 8 and 9, 13, 27, 31, 32 and 33, the words "mental retardation" and 
inserting in place thereof, in each instance, the following words:- intellectual disability. 

SECTION 12. Section 15 of said chapter 19B, as so appearing, is hereby amended 
by striking out, in lines 5 and 6, 9 and 39 and 40, the words "who are mentally retarded" and 
inserting in place thereof, in each instance, the following words:- with an intellectual 
disability. 

SECTION 13. Section 16 of said chapter 19B, as so appearing, is hereby amended 
by striking out, in line 2, the words "mental retardation" and inserting in place thereof the 
following words:- intellectual disability. 



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SECTION 14. Section 18 of said chapter 19B, as so appearing, is hereby amended 
by striking out, in line 40, the words "mentally retarded individuals" and inserting in place 
thereof the following words:- persons with an intellectual disability. 

SECTION 15. Said section 1 8 of said chapter 1 9B, as so appearing, is hereby further 
amended by striking out, in line 46, the words "mentally retarded" and inserting in place 
thereof the following words:- a person with an intellectual disability. 

SECTION 16. Said section 1 8 of said chapter 19B, as so appearing, is hereby further 
amended by striking out, in line 59, the words "mentally retarded persons" and inserting in 
place thereof the following words:- persons with an intellectual disability. 

SECTION 17. Section 1 of chapter 19C of the General Laws, as so appearing, is 
hereby amended by striking out, in lines 1 6 and 1 7, the words "mentally retarded, as defined 
by section one of chapter one hundred and twenty-three" and inserting in place thereof the 
following words:- a person with an intellectual disability as defined by section 1 of chapter 
123B. 

SECTION 18. Section 4 of said chapter 19C, as so appearing, is hereby amended 
by striking out, in line 28, the words "mentally retarded" and inserting in place thereof the 
following words:- a person with an intellectual disability. 

SECTION 19. Section 3 of chapter 19D of the General Laws, as so appearing, is 
hereby amended by striking out, in line 9, the words "the mentally retarded" and inserting 
in place thereof the following words:- persons with an intellectual disability. 

SECTION 20. Section 1 of chapter 31 of the General Laws, as so appearing, is 
hereby amended by striking out the definition of "Mentally retarded person". 

SECTION 21. Said section 1 of said chapter 31, as so appearing, is hereby further 
amended by inserting, after the definition of "Permanent employee" the following 
definition:- "Person with an intellectual disability", a person certified as having an 
intellectual disability by the Massachusetts rehabilitation commission. 

SECTION 22. Section 47 of said chapter 3 1 , as so appearing, is hereby amended by 
striking out, in lines 7, 13 and 14, 27 and 28 and 33, the words "mentally retarded person" 
and inserting in place thereof, in each instance, the following words:- person with an 
intellectual disability. 

SECTION 23. Said section 47 of said chapter 3 1 , as so appearing, is hereby further 
amended by striking out, in line 10, the words "is mentally retarded" and inserting in place 
thereof the following words:- has an intellectual disability. 

SECTION 24. Said section 47 of said chapter 3 1 , as so appearing, is hereby further 
amended by striking out, in line 16, the words "retarded person" and inserting in place 
thereof the following words:- person with an intellectual disability. 

SECTION 25. Said section 47 of said chapter 3 1 , as so appearing, is hereby further 
amended by striking out, in lines 24 and 25, the words "mentally retarded person's" and 
inserting in place thereof the following words:- person with an intellectual disability's. 



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Chap. 239 

SECTION 26. Section 4E of chapter 1 1 1 of the General Laws, as so appearing, is 
hereby amended by striking out, in line 2, the words "mental retardation" and inserting in 
place thereof the following words:- intellectual disability. 

SECTION 27. Section 63 A of said chapter 1 1 1 , as so appearing, is hereby amended 
by striking out, in line 4, the words "mentally retarded" and inserting in place thereof the 
following words:- or suffering from an intellectual disability. 

SECTION 28. Section 67E of said chapter 1 1 1 , as so appearing, is hereby amended 
by striking out, in lines 43 and 44 and 45, the words "mental retardation" and 'inserting in 
place thereof, in each instance, the following words:- an intellectual disability. 

SECTION 29. Section 71 of said chapter 1 1 1 , as so appearing, is hereby amended 
by striking out, in lines 6, 12, 15, 18, 135 and 136, 139 and 140, 159, 211, 232 and 242, the 
words "the mentally retarded" and inserting in place thereof, in each instance, the following 
words:- persons with an intellectual disability. 

SECTION 30. Said section 7 1 of said chapter 1 1 1 , as so appearing, is hereby further 
amended by striking out, in lines 162 and 163, the words "mentally retarded persons" and 
inserting in place thereof the following words:- persons with an intellectual disability. 

SECTION 31 . Section 72 of said chapter 1 1 1 , as so appearing, is hereby amended 
by striking out, in lines 7 and 8, 13 and 14, 17, 20 and 21, 25, 27, 36 and 37 and 41, the 
words "the mentally retarded" and inserting in place thereof, in each instance, the following 
words:- persons with an intellectual disability. 

SECTION 32. Said section 72 of said chapter 1 1 1 , as so appearing, is hereby further 
amended by striking out, in lines 3 1 and 32, words "mentally retarded persons" and inserting 
in place thereof the following words:- persons with an intellectual disability. 

SECTION 33. Section 73 of said chapter 1 1 1, as so appearing, is hereby amended 
by striking out, in line 4, the words "the mentally retarded" and inserting in place thereof the 
following words:- persons with an intellectual disability. 

SECTION 34. Section 27 of chapter 1 1 8G of the General Laws, as so appearing, is 
hereby amended by striking out the definition of "Intermediate care facility for the mentally 
retarded or ICF/MR," and inserting in place thereof the following definition :- 

"Intermediate care facility for persons with an intellectual disability or ICF/PWID", 
a privately or publicly operated intermediate care facility for persons with an intellectual 
disability. 

SECTION 35. Said section 27 of said chapter 1 1 8G as so appearing, is hereby 
further amended by striking out, in lines 11,13 and 3 1 , the words "the mentally retarded" and 
inserting in place thereof, in each instance, the following words:- persons with an intellectual 
disability. 

SECTION 36. Said section 27 of said chapter 118G, as so appearing, is hereby 
further amended by striking out, in lines 8, 12, 14 and 32, the words "mental retardation" and 
inserting in place thereof, in each instance, the following words:- an intellectual disability. 



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Chap. 239 

SECTION 37. Said section 27 of said chapter 1 1 8G is hereby further amended by 
striking out, in lines 28, 39, 41, 47, 49 and 53, the word "ICF/MR" and inserting in place 
thereof, in each instance, the following word:- ICF/PWID . 

SECTION 38. Section 29 of chapter 119 of the General Laws, as so appearing, is 
hereby amended by striking out, in lines 1, 9, 14, 22 and 29, the words "mental retardation" 
and inserting in place thereof, in each instance, the following words:- an intellectual 
disability. 

SECTION 39. Section 1 of chapter 123B of the General Laws, as so appearing, is 
hereby amended by striking out, in line 10, the words "mentally retarded person" and 
inserting in place thereof the following words:- person with an intellectual disability. 

SECTION 40. Said section 1 of said chapter 1 23B, as so appearing, is hereby further 
amended by striking out the definition of "Mentally retarded person". 

SECTION 41. Said section 1 of said chapter 1 23B, as so appearing, is hereby further 
amended by inserting after the definition of "Independent funds" the following definition:- 

"Person with an intellectual disability", a person who, as a result of inadequately 
developed or impaired intelligence, as determined by clinical authorities as described in the 
regulations of the department, is substantially limited in the person's ability to learn or adapt, 
as judged by established standards available for the evaluation of a person's ability to 
function in the community; provided, however, that a person with an intellectual disability 
may be considered mentally ill; provided further, that no person with an intellectual disability 
shall be considered mentally ill solely by virtue of the person's intellectual disability. 

SECTION 42. Said section 1 of said chapter 1 23B, as so appearing, is hereby further 
amended by striking out, in line 27, the words "his mental retardation" and inserting in place 
thereof the following words:- their intellectual disability. 

SECTION 43. Section 2 of said chapter 123B, as so appearing, is hereby amended 
by striking out, in line 5, the words "mentally retarded persons" and inserting in place thereof 
the following words:- persons with an intellectual disability. 

SECTION 44. Said section 2 of said chapter 1 23B, as so appearing, is hereby further 
amended by striking out, in line 8, the word "the mentally retarded" and inserting in place 
thereof the following words:- persons with an intellectual disability. 

SECTION 45. Said section 2 of said chapter 1 23B, as so appearing, is hereby further 
amended by striking out, in line 1 1, the word "mental retardation" and inserting in place 
thereof the following words:- intellectual disability. 

SECTION 46. Section 3 of said chapter 123B, as so appearing, is hereby amended 
by striking out, in lines 2 and 3, 3 and 4, 7 and 8, 10, 25 and 26, 36 and 48 and 49, the words 
"mentally retarded person" and inserting in place thereof, in each instance, the following 
words:- person with an intellectual disability. 

SECTION 47. Said section 3 of said chapter 123B, as so appearing, is hereby further 
amended by striking out, in lines 1 1 and 47, the words "the mentally retarded" and inserting 



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Chap. 239 

in place thereof, in each instance, the following words:- persons with an intellectual 
disability. 

SECTION 48. Said section 3 of said chapter 1 23B, as so appearing, is hereby further 
amended by striking out, in line 16, the word "retarded" and inserting in place thereof the 
following words:- intellectually disabled. 

SECTION 49. Section 4 of said chapter 123B, as so appearing, is hereby amended 
by striking out, in lines 23 and 30, the words "mentally retarded person" and.inserting in 
place thereof, in each instance, the following words:- person with an intellectual disability. 

SECTION 50. Section 5 of said chapter 123B, as so appearing, is hereby amended 
by striking out, in line 1 , the words "mentally retarded person" and inserting in place thereof 
the following words:- person with an intellectual disability. 

SECTION 51. Section 6 of said chapter 123B, as so appearing, is hereby amended 
by striking out, in line 3, the words "mentally retarded person" and inserting in place thereof 
the following words:- person with an intellectual disability. 

SECTION 52. Section 8 of said chapter 123B, as so appearing, is hereby amended 
by striking out, in lines 1, 5 and 1 13, the words "mentally retarded person" and inserting in 
place thereof, in each instance, the following words:- person with an intellectual disability. 

SECTION 53. Said section 8 of said chapter 123B, as so appearing, is hereby further 
amended by striking out, in lines 1 05 and 1 06 and 117 and 1 1 8, the words "mentally retarded 
persons" and inserting in place thereof, in each instance, the following words:- persons with 
an intellectual disability. 

SECTION 54. Section 9 of said chapter 123B, as so appearing, is hereby amended 
by striking out, in lines 1, 4 and 10, the words "mentally retarded person" and inserting in 
place thereof, in each instance, the following words:- person with an intellectual disability. 

SECTION 55. Section 12 of said chapter 123B, as so appearing, is hereby amended 
by striking out, in lines 12 and 19, the words "mentally retarded person" and inserting in 
place thereof, in each instance, the following words:- person with an intellectual disability. 

SECTION 56. Section 16 of said chapter 123B, as so appearing, is hereby amended 
by striking out, in lines 17 and 26, the words "the mentally retarded" and inserting in place 
thereof, in each instance, the following words:- persons with an intellectual disability. 

SECTION 57. Section 1 1 of chapter 131 of the General Laws, as so appearing, is 
hereby amended by striking out, in line 38, the words "mentally retarded" and inserting in 
place thereof the following words:- has an intellectual disability. 

SECTION 58. Section 30B of chapter 149 of the General Laws, as so appearing, is 
hereby amended by striking out, in line 14, the words "mental retardation" and inserting in 
place thereof the following words:- intellectual disability. 

SECTION 59. Section 193T of chapter 175 of the General Laws, as so appearing, 
is hereby amended by striking out, in line 5, the words "mental retardation" and inserting in 
place thereof the following words:- intellectual disability. 



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Chap. 239 

SECTION 60. Section 1-404 of chapter 190B of the General Laws, as so appearing, 
is hereby amended by striking out, in lines 4 and 12, the words "mentally retarded person" 
and inserting in place thereof, in each instance, the following words:- person with an 
intellectual disability. 

SECTION 61. Section 5-303 of said chapter 190B, as so appearing, is hereby 
amended by striking out, in lines 18, 52, and 75, the words "be mentally retarded" and 
inserting in place thereof, in each instance, the following words:- have an intellectual 
disability. 

SECTION 62. Said section 5-303 of said chapter 190B, as so appearing, is hereby 
further amended by striking out, in lines 77 and 78, the words "of mentally retarded persons" 
and inserting in place thereof the following words:- persons with an intellectual disability. 

SECTION 63. Section IB of chapter 192 of the General Laws, as so appearing, is 
hereby amended by striking out, in line 3, the words "mental retardation" and inserting in 
place thereof the following words:- intellectual disability. 

SECTION 64. Section 7 of chapter 206 of the General Laws, as so appearing, is 
hereby amended by striking out, in lines 9 and 10 and 12, the words "mentally retarded 
person" and inserting in place thereof, in each instance, the following words:- person with 
an intellectual disability. 

SECTION 65. Said section 7 of said chapter 206, as so appearing, is hereby further 
amended by striking out, in line 13, the words "or mentally retarded person" and inserting 
in place thereof the following words:- person or a person with an intellectual disability. 

SECTION 66. Section 24 of said chapter 206, as so appearing, is hereby amended 
by striking out, in line 13, the words "mentally retarded persons" and inserting in place 
thereof the following words:- persons with an intellectual disability. 

SECTION 67. Section 34E of chapter 221 of the General Laws, as so appearing, is 
hereby amended by striking out, in lines 35, 43 and 50, the word "retardation" and inserting 
in place thereof, in each instance, the following words:- intellectual disability. 

SECTION 68. Section 23E of chapter 233 of the General Laws, as so appearing, is 
hereby amended by striking out, in lines 4, 6, 13 and 14, 15, 17, 21, 28 and 29, 50 and 51, 
52 and 53 and 66, the words "mental retardation" and inserting in place thereof, in each 
instance, the following words:- an intellectual disability. 

SECTION 69. Said section 23E of said chapter 233, as so appearing, is hereby 
further amended by striking out, in line 7, the words "Mental retardation" and inserting in 
place thereof the following words:- Intellectual disability. 

SECTION 70. Said section 23E of said chapter 233, as so appearing, is hereby 
further amended by striking out, in line 75, the words "mental retardation" and inserting in 
place thereof the following words:- persons with an intellectual disability. 

SECTION 71. Section 13F of chapter 265 of the General Laws, as so appearing, is 
hereby amended by striking out, in lines 2, 11, 12 and 13 and 14, the words "mentally 
retarded person" and inserting in place thereof, in each instance, the following words:- per- 



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son with an intellectual disability. 

SECTION 72. Said section 13F of said chapter 265, as so appearing, is hereby 
further amended by striking out, in lines 2 and 14, the words "be mentally retarded" and 
inserting in place thereof, in each instance, the following words:- have an intellectual 
disability. 

Approved August 4, 2010. 



Chapter 240. AN ACT RELATIVE TO ECONOMIC DEVELOPMENT 
REORGANIZATION. 

Whereas, The deferred operation of this act would tend to defeat its purpose, which 
is to provide forthwith a business-friendly environment that will stimulate job growth and 
improve the ease with which businesses can operate in the markets they serve, and to 
coordinate economic development activities funded by the commonwealth, therefore it is 
hereby declared to be an emergency law, necessary for the immediate preservation of the 
public convenience. 

Be it enacted, etc., as follows: 

SECTION 1. To provide for a program of infrastructure development and 
improvements, the sums set forth in section 2B for the several purposes and subject to the 
conditions specified in this act, are hereby made available, subject to the laws regulating the 
disbursement of public funds and approval thereof. 

SECTION 2B. 
1100-7400 For the recapitalization of the Massachusetts Growth Capital 

Corporation $20,000,000. 

6001-0817 For the recapitalization of the grant program to provide for 
commercial and residential transportation and infrastructure 
development, improvements and various capital investment 
projects under the Growth Districts Initiative established by 
the executive office of housing and economic development; 
provided, that the secretary of housing and economic 
development, in consultation with the secretary of the 
Massachusetts Department of Transportation, shall adopt, 
amend or continue regulations or guidelines regarding this 
program; provided further, that annually not later than 
December 31, the secretary of housing and economic 
development shall issue a written report to the clerks of the 
senate and house of representatives, the chairs of senate and 
house committees on bonding, capital expenditures and state 



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Chap. 240 

assets, the chairs of the joint committee on transportation, the 
chairs of the joint committee on economic development and 
emerging technologies, the chairs of the joint committee on 
state administration and regulatory oversight and the chairs of 
the senate and house committees on ways and means, which 
shall include detailed descriptions of infrastructure 
improvement projects funded under this program and of all 
funds expended for this purpose, including, but not limited to, 
all information required for projects under section 25 of 

chapter 304 of the acts of 2008 $50,000,000. 

7007-903 1 For the recapitalization of the Massachusetts Technology 
Development Corporation, established in section 2 of chapter 

40G of the General Laws $5,000,000 

SECTION 3. Section 16G of chapter 6A of the General Laws as is hereby amended 
by striking out, in lines 2 and 3, as appearing in the 2008 Official Edition, the words 'a 
department' and inserting in place thereof the following words:- the Massachusetts office. 
SECTION 4. Said section 16G of said chapter 6A is hereby further amended by 
striking out subsections (i) and (j) , as so appearing, and inserting in place thereof the 
following 2 subsections :- 

(i) The secretary shall establish in the executive office an office of performance 
management and oversight. The secretary shall appoint a director to operate and administer 
said office who shall have experience with economic development in the public or private 
sector. The director shall establish performance measurements for all public and 
quasi-public entities engaged in economic development or subject to section 56 of chapter 
23A and any private organizations under contract with the commonwealth to perform 
economic development services in order to improve the effectiveness of the economic 
development efforts of the commonwealth. In developing these measurements, the secretary 
shall seek out private sector advice and models that can be adapted to the needs of the 
commonwealth. Clear measurements shall be developed and effectuated while ensuring that 
no undue administrative burden is placed on agencies and organizations subject to this 
section. The director shall prepare an annual report for publication on progress to improve 
the effectiveness of the commonwealth's economic development efforts and shall report 
regularly to the public on the progress the office and agencies within the office are making 
towards achieving stated goals. 

Agencies to which the system applies shall file an annual report with the office of 
performance management and oversight. The annual report, which shall be in a form and 
manner prescribed by the secretary, shall include but not be limited to: 

(1) a secretary approved agency plan for the year including the goals set for the year 
and the performance measurements by which to evaluate those goals and programs or 
initiatives; and 

(2) the agency's: 



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Chap. 240 

(i) operations and accomplishments; 

(ii) performance on the goals and programs or initiative outlined in the agency's 
approved plan; 

(iii) receipts and expenditures during the agency's fiscal year; and 
(iv) assets and liabilities at the end of the agency's fiscal year; 

(3) audited financial reports of the agency; 

(4) the number, nature and amounts of investments made and grants awarded by the 
agency; 

(5) information detailing debt or equity investment of the agency; 

(6) the number, nature and amounts of any loans, real estate loans, working capital 
loans and guarantees approved by the agency; 

(7) other forms of financing or financial assistance that the agency provided; 

(8) a report of patents or products resulting from agency-funded activities; and 

(9) a description of technical assistance that the agency provided. 
Performance measurements shall include at least the then-current fiscal year and the 

previous 3 fiscal years. All information in the performance measurement system shall be a 
public record unless otherwise exempted by law. The annual reports of each agency shall 
be made available to the public not later than December 3 1 and shall be published on the 
official website of the commonwealth and be electronically submitted to the clerks of the 
senate and house of representatives, the chairs of the house and senate committees on ways 
and means and the house and senate chairs of the joint committee on economic development 
and emerging technologies. 

(j) The office shall annually re-evaluate the goals and measures established by the 
office and agencies within the office and monitor the results that the agencies report. The 
office shall recommend changes to proposed goals and measures as are appropriate to align 
goals and measures with the statewide economic development policy and plan required under 
this section. 

The secretary shall use the performance measurements established under this section 
to determine the quality of service of all private entities, including regional economic 
development organizations that perform economic development services under contract with 
the office. The results of such performance measures shall be criteria used in negotiating any 
such contracts. 

SECTION 5. Subsection (k) of said section 1 6G of said chapter 6A, as so appearing, 
is hereby amended by striking out the sixth sentence. 

SECTION 6. Said section 16G of said chapter 6A, as most recently amended by 
section 1 of chapter 56 of the acts of 2010, is hereby further amended by adding the 
following subsection:- 

(1) During the first year of each new gubernatorial administration, the governor shall 
convene an economic development planning council consisting of no fewer than 12 
members: 1 of whom shall be the secretary of housing and economic development, who shall 



958 



Chap. 240 

serve as chair; 1 of whom shall be the secretary of administration and finance; 1 of whom 
shall be the secretary of labor and workforce development; 1 of whom shall be the secretary 
of energy and environmental affairs; 1 of whom shall be the secretary of transportation; 1 of 
whom shall be appointed by speaker of the house of representatives; 1 of whom shall be 
appointed by the president of the senate; and 5 of whom shall be appointed by the governor: 
1 of whom shall be the president of the University of Massachusetts or a president from a 
community college, 1 of whom shall be a representative from Associated Industries of 
Massachusetts, 1 of whom shall be a representative from the Massachusetts municipal 
association, 1 of whom shall be a representative from a chamber of commerce, and 1 of 
whom shall be from a venture capital firm with a principal place of business in the 
commonwealth. The governor may also appoint additional members of regional and local 
economic development groups and members of the business community to serve on the 
council. Members of the council shall serve for a term of 1 year or until an economic 
development policy has been approved by the governor under this section. 

The secretary of housing and economic development, with the assistance of economic 
development planning council appointed under this section, shall develop and implement a 
written comprehensive economic development policy for the commonwealth and a strategic 
plan for implementing the policy. The policy shall set long term goals and measurable 
benchmarks which are not limited to a particular gubernatorial administration and shall give 
consideration to any impacts the plan may have on businesses employing 1 or fewer people. 
The strategic plan shall include any major economic development initiatives and programs 
of the secretariat and any agencies subject to this section. In developing the policy, the 
council shall review the published economic development policy and plan in effect at the 
commencement of the governor's term of office and may hold public hearings throughout 
the commonwealth. 

Once the policy and plan have been adopted by the secretary and the council, the 
council shall submit the policy and plan to the clerks of the senate and house of 
representatives and the joint committee on economic development and emerging 
technologies. The committee shall conduct a public hearing on the policy and plan prior to 
final approval by the governor. The approved policy and plan shall be published in writing 
and on the official website of the commonwealth not later than December 3 1 of that year. 

SECTION 7. Chapter 7 of the General Laws is hereby amended by inserting after 
section 22N the following section:- 

Section 220. Notwithstanding any general or special law to the contrary and to the 
extent permitted by federal law, a state agency or authority shall establish a preference for 
the procurement of products or services by businesses, as defined in section 3 A of chapter 
23 A, with their principal place of business in the commonwealth.. In addition, the 
operational services division within the executive office for administration and finance shall 
endeavor to ensure that in any fiscal year no less than 15 per cent of statewide procurement 
contracts are entered with businesses, as so defined, which (i) are independently owned and 



959 



Chap. 240 

operated; (ii) have a principal place of business in the commonwealth; and (iii) would be 
defined as a small business under applicable federal law. 

SECTION 8. Subsection (c) of section 12 of chapter 7 A of the General Laws, as 
appearing in section 4 of chapter 26 of the acts of 2009, is hereby amended by adding the 
following paragraph: - 

The comptroller shall publish a list of state authorities and, in the comptroller's sole 
discretion, identify those entities within the list that shall be required under generally 
accepted accounting principles to report to the commonwealth for financial reporting 
purposes in a schedule and manner the comptroller deems necessary. 

SECTION 9. Section 1 of chapter 1 of the General Laws, as appearing in the 2008 
Official Edition, is hereby amended by adding the following paragraph:- The state treasurer 
shall semi-annually report to the house and senate committees on ways and means and the 
joint committee on revenue the lending and banking institutions into which the cash deposits 
of the commonwealth are being deposited. 

SECTION 10. Said chapter 10 is hereby amended by inserting after section 10 the 
following section:- 

Section 10A. The state treasurer shall whenever possible, establish a preference in 
the deposit of the commonwealth's cash reserves to those lending and banking institutions 
that exceed the statewide average for lending to small businesses, as defined in section 57 
of chapter 23 A; provided, however, that this shall not prohibit the treasurer from depositing 
and investing said reserves in such a manner as to secure the highest rate of return available 
consistent with the safety of said reserves. 

SECTION 11. Section 35 J of chapter 10 of the General Laws, as appearing in the 
2008 Official Edition, is hereby amended by striking out, in lines 16 and 17, the words 
'International Trade Council' and inserting in place thereof the following words :- 
international trade office. 

SECTION 12. Chapter 10 of the General Laws is hereby amended by inserting after 
section 56 the following section:- 

Section 56A. The council shall be subject to section 16G of chapter 6A and section 
56 of chapter 23 A. 

SECTION 13. Section 1 of chapter 23 A of the General Laws is hereby amended by 
striking out, in lines 2 to 4, inclusive, as appearing in the 2008 Official Edition, the words 
"department of business and technology in this chapter called the department, which shall 
be under the control of the director of business and technology" and inserting in place thereof 
the following words:- "Massachusetts office of business development, in this chapter referred 
to as MOBD, which shall be under the control of the director of business development,". 

SECTION 14. Said section 1 of said chapter 23A is hereby further amended by 
striking out subsection (b), as amended by section 3 of chapter 56 of the acts of 2010. 

SECTION 15. Section 3A of said chapter 23A is hereby amended by striking out 
the definition of 'Enhanced expansion product', inserted by section 2 of chapter 166 of the 



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Chap. 240 

acts of 2009, and inserting in place thereof the following definition:- 

"Enhanced expansion project", a facility that in its entirety and as of the project 
proposal date: (i) is located or will be located within the commonwealth; (ii) generates 
substantial sales from outside of the commonwealth; and (iii) generates a net increase of at 
least 100 full-time employees within 2 years before or after project certification, but not 
before January 1 of the year preceding the year in which the project receives certification and 
which shall be maintained for a period of not less than 5 years; provided, however, that in 
the case of a facility that as of the project proposal date is already located in the 
commonwealth, "enhanced expansion project" shall refer only to a facility at which the 
controlling business has expanded or proposed to expand the number of permanent full-time 
employees at such facility and the expansion shall represent: (1) an increase in the number 
of permanent full-time employees employed by the controlling business within the 
commonwealth; and (2) not a replacement or relocation of permanent full-time employees 
employed by the controlling business at any other facility located within the commonwealth; 
provided, further, that in the case of a facility to be located within the commonwealth after 
the project proposal date, 'enhanced expansion project' shall refer only to a facility that is: 
(a) the first facility of the controlling business to be located within the commonwealth; or (b) 
a new facility of such business and not a replacement or relocation of an existing facility of 
such controlling business located within the commonwealth; or an expansion of an existing 
facility of the controlling business that results in an increase in permanent full-time 
employees. 

SECTION 16. The definition of "Facility" in said section 3 A of said chapter 23 A, 
as appearing in section 3 of said chapter 166, is hereby amended by inserting after the word 
"buildings" the following words:- or locations. 

SECTION 17. Said section 3A of said chapter 23 A is hereby further amended by 
striking out the definition of "Gateway municipality", as appearing in said section 3 of said 
chapter 166, and inserting in place thereof the following definition:- 

"Gateway municipality", a municipality with a population greater than 35,000 and 
less than 250,000, a median household income below the commonwealth' s average and a rate 
of educational attainment of a bachelor's degree or above that is below the commonwealth's 
average. 

SECTION 18. Said section 3 A of said chapter 23 A is hereby further amended by 
striking out the definition of "Manufacturing retention project", as so appearing, and 
inserting in place thereof the following definition:- 

"Manufacturing retention and job growth project", a manufacturing facility that in its 
entirety and as of the project proposal date: (i) is located or will be located within a gateway 
municipality; (ii) retains a minimum of at least 50 permanent full-time positions or creates 
a minimum of 25 new full-time positions; provided, however, that if the controlling business 
increases the number of full-time positions at the facility, it shall be within 2 years after 
certification of the project and the controlling business shall make a commitment that the po- 
sitions created or retained are to be maintained for at least a 5-year period; and (iii) generates 



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substantial sales from outside of the commonwealth; provided, however, that in the case of 
a facility that as of the project proposal date is already located in the gateway municipality, 
"manufacturing retention project" shall refer only to a facility for which there is a proposed 
expansion or retention of the number of permanent full-time employees at such facility by 
the controlling business, to occur after the project proposal date and the expansion shall 
represent a retention of at least 50 permanent full-time positions or creates a minimum of 25 
new full-time positions employed by the controlling business within the project and shall not 
represent a replacement or relocation of permanent full-time employees employed by the 
controlling business at any other facility located within the commonwealth; and provided, 
further, that in the case of a facility to be located after the project proposal date, the 
'manufacturing retention project' shall refer only to a facility that is: (1) the first facility of 
the controlling business to be located within the commonwealth; or (2) a new facility of such 
business and not a replacement or relocation of an existing facility of such controlling 
business located within the commonwealth. 

SECTION 19. Said section 3A of said chapter 23A is hereby further amended by 
inserting after the definition of "Manufacturing retention project proposal", inserted by said 
section 3 of said chapter 1 66, the following definition: 

"MOBD", the Massachusetts office of business development established in section 1 . 

SECTION 20. The introductory paragraph of subsection (1) of section 3F of said 
chapter 23 A is hereby amended by inserting after the word "retention" , inserted by section 
7 of chapter 166 of the acts of 2009, the following words:- and job growth. 

SECTION 21. Said subsection (1) of said section 3F of said chapter 23 A is hereby 
further amended by inserting after the word "retention" , inserted by section 8 of said chapter 
166, the following words:- and job growth. 

SECTION 22. Said subsection (1) of said section 3F of said chapter 23 A is hereby 
further amended by inserting after the word "retention", inserted by section 1 4 of said chapter 
166, the following words:- and job growth. 

SECTION 23. Clause (c) of subsection (5) of said section 3F of said chapter 23 A, 
inserted by section 1 8 of said chapter 1 66, is hereby amended by inserting after the word 
"retention" the following words:- and job growth. 

SECTION 24. Section 31 of said chapter 23 A is hereby amended by striking out, in 
lines 2 and 33, as appearing in the 2008 Official Edition, the words "the department" and 
inserting in place thereof, in each instance, the following words:- Massachusetts office of 
business development. 

SECTION 25. Said chapter 23 A is hereby further amended by inserting after section 
31 the following 3 sections: 

Section 3 J. (a) The Massachusetts office of business development shall partner with 
regional economic development organizations to establish a plan for business development 
which supports regionally-based efforts to grow and retain existing businesses and attract 
new business to the commonwealth. To implement the business development plan and to 



962 



Chap. 240 

provide efficient and consistent response to businesses seeking assistance from the 
commonwealth, the office shall create a regional economic development program in order 
to provide efficient and consistent response to businesses seeking assistance from the 
commonwealth. To implement the program the office shall contract with eligible regional 
economic development organizations, as defined in section 3K, which shall serve as the 
primary points of contact in the various regions of the state for businesses seeking assistance, 
services or information from the commonwealth. The contracts and reimbursements shall 
be designed to support regionally-based efforts to stimulate, encourage, facilitate and nurture 
economic growth and prosperity in the commonwealth, including, but not limited to, 
activities related to the growth and retention of existing businesses and the attraction of new 
businesses into the commonwealth. The contracts shall support a network of partnerships 
between regional economic development organizations and the Massachusetts office of 
business development. 

The Massachusetts office of business development shall locate staff throughout the 
regions of the commonwealth in order to establish efficient and rapid access to all state 
government and quasi-public business services. The Massachusetts office of business 
development shall provide information to the regional economic development organizations 
about state economic development, business assistance, capital access and incentive 
programs, marketing activities and programs offered by agencies, authorities and private 
entities. 

(b) Each contract shall include performance criteria specific to the contracting 
organization developed under section 16G of chapter 6 A and uniform standards for the use 
of contract funds related to accounting procedures, personnel practices, purchasing 
procedures and conflict of interest rules. As a condition to its receipt of funds, the 
contracting organization shall agree to follow these standards and to perform the contracted 
services in conformity with conflict of interest rules which shall include provisions requiring 
that in any matter in which a person, corporation or other business entity in which any partner 
is in any way interested, such interest shall be disclosed in advance and that no partner 
having such an interest may participate in a decision relating to such person, corporation or 
other business entity. The contracting organization shall also agree to a biennial audit and 
examination of its audited financial statements conducted by the auditor of the 
commonwealth. 

(c) The Massachusetts office of business development shall establish standard 
governance provisions to be required of regional economic development organizations that 
contract with the commonwealth as provided in this section. The standards shall include the 
participation of local government officials and a broad range of regional representatives of 
businesses, nonprofit organizations, higher education institutions, planning professionals, 
organizations and economic and workforce development professionals. 

Section 3K. (a) (1) The Massachusetts office of business development shall award 
up to 12 contracts for regional business development services. Each contract shall specify 
the municipalities which comprise the region to be served under that contract. 



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Chap. 240 

(2) Eligible organizations shall be corporations, foundations, organizations or 
institutions that are exempt from federal taxation under section 501(c) of the Internal 
Revenue Code. Eligible organizations shall have a primary focus on economic development. 
Governmental regional entities which serve as regional or district planning commissions 
under chapter 40B, regional employment boards, tourism councils under section 14 of 
chapter 23 A or entities which are a political subdivision of a municipality or wholly owned 
by a municipality shall not be eligible. 

(3) In order to be eligible to be a regional business development service, an applicant 
shall demonstrate the following: 

(i) The applicant operates regionally and its service area or membership includes 
more than 10 contiguous cities or towns. The organization shall describe the economic 
interdependency of its contiguous member municipalities and articulate a comprehensive 
vision for recognition of those municipalities as a self identified region with interrelated 
economic assets such as industrial base, public infrastructure, research, educational and 
financial institutions and environmental characteristics. 

(ii) The governance structure and leadership of the applicant organization complies 
with the standards established by the Massachusetts office of business development. 

(iii) The applicant is engaged primarily in activities intended to promote job and 
business retention, creation and attraction across all industry sectors within its identified 
region. 

(iv) The applicant has a history of collaboration with the area business community, 
local officials, economic development organizations, higher education institutions and other 
public and private organizations within the identified region. The applicant must describe 
a plan for a formal program encouraging participation in activities by a wide variety of 
organizations, governments and businesses operating in the identified region. 

(v) The applicant has received or has commitments to receive substantial financial 
and in kind support from private sources or member municipalities. 

(vi) The applicant is capable of and agrees to provide services to the entire region 
identified in the application. 

(b) The Massachusetts office of business development shall give preference in 
awarding contracts to organizations that have prior experience furnishing advice and 
assistance to businesses within or seeking to locate to the identified region, a working 
knowledge of the region, the region's industrial base, the region's demographics and the 
region's strengths and weaknesses and prior experience and involvement with regional 
governmental entities including, but not limited to, regional competitiveness councils, 
regional planning agencies and regional employment boards. 

(c) Contracts for services entered into under this section shall include, but not be 
limited to, the following required services to be performed by the organization on behalf of 
the commonwealth: 



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Chap. 240 

(i) act as the primary contact for businesses seeking assistance from state or local 
governments, including those seeking to locate within the region or expand existing 
operations; 

(ii) identify public funding sources for business activity and provide assistance in 
accessing public tax incentive programs; 

(iii) identify potential sites for business development and maintain an inventory of 
key development parcels; 

(iv) market the identified region in coordination with the Massachusetts marketing 
partnership established under section 13A and in compliance with the marketing materials 
developed by the partnership: 

(v) furnish advice and assistance to businesses and industrial prospects which may 
locate in the region, existing businesses and industries and persons seeking to establish new 
businesses or industries and engage in related activities; 

(vi) establish and maintain a network of public and private expertise related to 
regional assets, industry clusters, workforce and education opportunities and public tax and 
regulator.' incentive and capital access programs; 

(vii) partner with the Massachusetts office of business development representative 
to the region and representatives of quasi-public agencies and authorities engaged in 
economic development activities to exchange information and jointly provide direct 
consultation with businesses seeking to expand or locate to the region; 

(viii) act as the primary contact for the region for a business seeking state assistance 
and incentives in a location decision: 

(ix) in partnership with the staffof the Massachusetts office of business development, 
assist member municipalities with economic development efforts related to business 
attraction and retention and with access to state economic development programs; and 

(x) submit an annual report to the Massachusetts office of business development on 
the business development activities conducted under the contract. The report shall include: 
a summary of the preceding year's program activities, objectives and accomplishments: a 
description of how the programs and marketing strategy conducted under the contract align 
with the commonwealth's overall economic development and strategies: an analysis of how 
the contracting organization's involvement in promotion activities has generated prospective 
business expansion and relocation clients; and a summary of its efforts to obtain funds from 
local, private and federal sources. 

(d) Contracts entered into under this section shall be for a term not longer than 3 years 
and may provide for the renewal of the contract at the discretion of the Massachusetts office 
of business development: provided however, that the renewal shall be for a term not longer 
than 2 years. Nothing in this subsection shall preclude a regional organization from 
re-applying to provide services under a new contract. 

i^e) The Massachusetts office of business development may cancel any contract under 
this section upon a showing that the regional economic development organization has failed 
to provide the necessary regional services listed in subsection (c). 



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Chap. 240 

(f) The Massachusetts office of business development shall develop a formula to 
determine funding for contractual reimbursements. That formula shall reflect demographic 
and economic indicators, including, but not limited to, population and the number of 
business establishments operating in the region, as well as an assessment of regional needs 
and the priorities of the statewide economic development plan created under section 1 6G of 
chapter 6A. The formula shall also reflect the significant need for increased economic 
activity in regions which include target areas, as defined in section 2 of chapter 40H. 
Renewal contracts shall also provide incentives to reward reporting in compliance with 
performance measurements and to reward achievement of specific performance goals. 

(g) Organizations entering into contracts with the commonwealth under this section 
may enter into additional contracts with the commonwealth to provide additional regional 
services which do not constitute business assistance activities. 

(h) If MOBD determines through the request for proposals process that no 
organization meets the requirements in this section or a region is not served by any eligible 
regional economic development organization, then MOBD may either rebid the contract or 
serve as the primary coordinator for business development initiatives in that region and rebid 
the contract at its discretion. 

Section 3L. (a) The Massachusetts office of business development shall provide 
initial assistance to a business which contacts the office requesting service. The 
Massachusetts office of business development shall provide the business with information 
about the various regional economic development organizations with which it has contracted 
and continue to serve as primary contact for that business until the business has established 
a relationship with a particular region. The Massachusetts office of business development 
shall notify all regional economic development organizations, on a nondiscriminatory basis, 
of business prospects that have expressed interest to the Massachusetts office of business 
development in moving to the commonwealth. 

(b) The Massachusetts office of business development shall coordinate activity 
among regional economic development organizations and between regional economic 
development organizations and the commonwealth's economic development agencies and 
the commonwealth's initiatives: (i) to ensure that initiatives led by the commonwealth or 
quasi-public economic development agencies receive information and advice from the 
regional economic development organizations; and (ii) to ensure that initiatives led by the 
regional economic development organizations receive information and advice from agencies 
within the executive branch and from quasi-public economic development agencies. 

(c) The Massachusetts office of business development shall support the secretary of 
housing and economic development in the creation of the statewide economic development 
plan under section 16G of chapter 6A. 

SECTION 26. Section 4 of said chapter 23A, as appearing in the 2008 Official 
Edition, is hereby amended by striking out the words 'department of economic' and inserting 
in place thereof the following words:- Massachusetts office of business. 



966 



Chap. 240 

SECTION 27. Said section 4 of said chapter 23 A, as so appearing, is hereby further 
amended by adding the following sentence: The Massachusetts office of business 
development shall locate staff throughout the regions of the commonwealth in order to 
partner with the regional economic development organizations and establish efficient and 
rapid access for businesses and regional organizations to all state government and 
quasi-public business services. 

SECTION 28. Section 5 of said chapter 23 A, as so appearing, is hereby amended 
by striking out, in line 9, the words ', in the department of economic development'. 

SECTION 29. Section 6 of said chapter 23 A, as so appearing, is hereby amended 
by striking out, in line 2, the words 'of economic development'. 

SECTION 30. The first paragraph of said section 6 of said chapter 23 A, as so 
appearing, is hereby amended by adding the following sentence:- The director shall establish 
an advisory council that shall assist and advise the director on matters related to the 
administration and evaluation of the regional business development program created under 
section 3J. 

SECTION 31 . Section 1 0A of said chapter 23 A, as so appearing, is hereby amended 
by striking out, in line 20, the words, 'Said department' and inserting in place thereof the 
following words:- The Massachusetts office of business development. 

SECTION 32. Said chapter 23 A is hereby further amended by striking out sections 
13A and 13B, as so appearing, and inserting in place thereof the following 2 sections:- 

Section 13 A. For the purposes of sections 13A to 13Q, inclusive, the following 
words shall have the following meanings unless the context clearly requires otherwise,: 

'Foreign offices' , foreign offices for international trade within the international trade 
office. 

'Partnership', the Massachusetts marketing partnership created in this section. 

'Tourism', the office of travel and tourism. 

In order to promote common, coordinated and concerted efforts on behalf of the 
commonwealth, there shall be within t he executive office of housing and economic 
development, but not subject to the supervision or control of the executive office, the 
Massachusetts marketing partnership which shall coordinate marketing efforts on behalf of 
the commonwealth and shall oversee the activities of the agencies placed within it. 

(a) The partnership shall consist of 1 1 partners who shall be: the secretary of housing 
and economic development, who shall be the chair; the director of the Massachusetts office 
of business development or the director's designee; the executive director of the 
Massachusetts Convention Center Authority or the executive director's designee; the 
executive director of the Massachusetts Port Authority or the executive director's designee; 
the executive director of the Massachusetts Alliance for Economic Development, or its 
successor organization; and 6 individuals appointed by the governor for terms of 5 years, as 
follows: 2 persons employed by a business that has a principal place of business in the 
commonwealth and that exports goods to other countries, 1 of whom shall be selected from 



967 



Chap. 240 

a list of 3 names submitted by the Associated Industries of Massachusetts; 1 person who has 
significant experience with a public relations or advertising firm doing business in the 
commonwealth; 1 person who shall be on the faculty of a public or private business school 
in the commonwealth who is experienced in international business; and 2 persons who shall 
each represent a regional tourism council in the commonwealth outside of Suffolk county, 
Middlesex county and Norfolk county. Of the initial partners appointed by the governor, 3 
shall serve a term of 2 years and 3 shall serve a term of 5 years. 

At least 3 of the governor's 6 appointments shall reside outside of Suffolk county, 
Middlesex county and Norfolk county. Of the 6 gubernatorial appointments, no more than 
3 shall be of the same political party. Each partner shall serve without compensation but may 
be reimbursed for actual and necessary expenses reasonably incurred in the performance of 
the partner's duties, including reimbursement for reasonable costs of travel as deemed 
necessary by the partnership. A person appointed to fill a vacancy in the office of a partner 
shall be appointed in a like manner and shall serve for only the unexpired term of the former 
partner. A partner shall be eligible for reappointment and may be removed by the governor 
for cause. The partnership shall annually elect 1 partner to serve as vice-chair. 

(b) Eight partners shall constitute a quorum and the affirmative vote of a majority of 
partners present at a duly called meeting, if a quorum is present, shall be necessary for an 
action to be taken by the partnership. An action required or permitted to be taken at a 
meeting of the partnership may be taken without a meeting if all of the partners consent, in 
writing, to the action and the partnership files the written consent with the records of the 
minutes of the meetings of the partnership. Such consent shall be treated for all purposes as 
a vote at a meeting. Each partner shall make full disclosure, under subsection (c), of the 
partner's financial interest, if any, in matters before the partnership by notifying the state 
ethics commission, in writing, and the partner shall abstain from voting on a matter before 
the board in which the partner has a financial interest, unless otherwise permitted under 
chapter 268A. 

(c) Chapters 268A and 268B shall apply to all ex officio partners or the partners' 
designees and employees of the agencies within the partnership. Chapters 268 A and 268B 
shall apply to all other partners, except that the agencies within the partnership may purchase 
from, sell to, borrow from, loan to, contract with or otherwise deal with a person, corporation 
or other business entity in which any partner is in any way interested or involved; provided, 
however, that such interest or involvement is disclosed in advance to the partners of the 
Massachusetts marketing partnership and recorded in the partnership's minutes; and 
provided, further, that no partner having such an interest or involvement may participate in 
a decision of the partnership relating to such person, corporation or other business entity. 
Employment by the commonwealth or service in an agency or political subdivision of the 
commonwealth shall not be deemed to be such an interest or involvement. 

(d) The partnership shall bi-annually elect 1 of its partners as treasurer and 1 of its 
partners as secretary. The secretary of the partnership shall keep a record of its proceedings 



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Chap. 240 

and shall be custodian of all books, documents and papers filed by the partnership and of its 
minute book and seal. The secretary of the partnership shall cause copies to be made of all 
minutes and other records and documents of the partnership and shall certify that such copies 
are true copies and all persons dealing with the partnership may rely upon such certification. 

(e) Partners and employees of the agencies within the partnership having access to 
its cash or negotiable securities shall give bond to the partnership at its expense in such 
amounts and with such surety as the partnership may prescribe. The persons required to give 
bond may be included in 1 or more blanket or scheduled bonds. 

(f) Partners and officers who are not compensated employees of the partnership shall 
not be liable to the commonwealth, the executive office of housing and economic 
development or any other person as a result of their activities, whether ministerial or 
discretionary, as such partners or officers except for willful dishonesty or intentional 
violations of law. Neither members of the partnership nor a person executing bonds or 
policies of insurance shall be personally liable on those bonds or policies or be subject to any 
personal liability or accountability by reason of the issuance of those bonds or policies. The 
partnership may purchase liability insurance for partners, officers and employees and may 
indemnify the partners against claims of others. 

(g) Upon the termination of the existence of the partnership, all right, title and interest 
in and to all of its assets and all of its obligations, duties, covenants, agreements and 
obligations shall vest in and be possessed, performed and assumed by the commonwealth. 

(h) An action of the partnership may take effect immediately and need not be 
published or posted unless otherwise provided by law. Meetings of the partnership shall be 
subject to sections 18 to 25, inclusive of chapter 30 A except that section 18 shall not apply 
to any meeting of partners in the partnership serving ex officio in the exercise of their duties 
as officers of the commonwealth so long as no matter relating to the official business of the 
partnership is discussed and decided at the meeting. The partnership shall be subject to all 
other sections of said chapter 30A and records pertaining to the administration of the 
partnership shall be subject to section 42 of chapter 30 and section 10 of chapter 66. All 
moneys of the partnership shall be considered to be public funds for purposes of chapter 1 2 A. 

(i) The partnership shall be subject to section 16G of chapter 6 A and section 56 of 
chapter 23 A. 

Section 13B. There shall be within the partnership the following offices: the office 
of travel and tourism, the Massachusetts international trade office and the commonwealth 
marketing office. 

SECTION 33. Said chapter 23A is hereby further amended by striking out section 
13C, as amended by section 29 of chapter 25 of the acts of 2009, and inserting in place 
thereof the following section: - 

Section 13C. The partnership shall have the power to: 

(1) adopt and amend by-laws, regulations and procedures for the governance of its 
affairs and the conduct of its business for the administration and enforcement of this sections 



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Chap. 240 

13A to 13Q, inclusive; provided, however, that regulations adopted by agencies within the 
partnership shall be adopted under chapter 30 A; 

(2) adopt an official seal and a functional name; 

(3) maintain offices at places within the commonwealth as it may determine and to 
conduct meetings of the partnership in accordance with the by-laws of the partnership; 

(4) enter into agreements and transactions with federal, state and municipal agencies 
and other public institutions and private individuals, partnerships, firms, corporations, 
associations and other entities on behalf of the partnership; 

(5) sue and be sued in its own name, plead and be impleaded; 

(6) act. as the central entity and coordinating organization for marketing initiatives on 
behalf of the commonwealth and to work in collaboration with governmental entities, 
regional economic development organizations, bodies, centers, institutes and facilities to 
advance the commonwealth's interests and investments in travel and tourism, international 
trade and economic development; 

(7) appear in its own behalf before boards, commissions, departments or other 
agencies of municipal, state or federal government; 

(8) obtain insurance; 

(9) apply for and accept subventions, grants, loans, advances and contributions from 
any source of money, property, labor or other things of value to be held, used and applied for 
its corporate purposes; 

(10) review and recommend changes in laws, rules, programs and policies of the 
commonwealth and its agencies and subdivisions to further the marketing of the 
commonwealth and economic development within the commonwealth; 

(11) enter into agreements with public and private entities that deal primarily with 
economic development, in order to distribute and provide leveraging of funds or services to 
further economic development in the commonwealth and promote overall economic growth 
within the commonwealth by fostering collaboration and investments in tourism and 
international trade initiatives in the commonwealth; 

(12) provide and pay for such advisory services and technical assistance as may be 
necessary or desired to carry out the purposes of this chapter; 

(13) establish and collect such fees and charges as the department without further 
appropriation shall determine to be reasonable and consistent with this sections 1 3 A to 1 3 Q, 
inclusive; and to receive and apply revenues from fees and charges to the purposes of the 
department or allotment by the commonwealth or any political subdivision of the 
commonwealth; 

(14) disburse, appropriate, grant, loan or allocate funds for the purposes of investing 
in economic development initiatives as directed in sections 13A to 13Q, inclusive; 

(15) provide assistance to local entities, local authorities, public bodies, regional 
economic development organizations, and private corporations for the purposes of 
maximizing opportunities for economic development initiatives in the commonwealth; 



970 



Chap. 240 

(16) prepare, publish and distribute, with or without charge, as the department may 
determine, such studies, reports and bulletins and other material as the department deems 
appropriate; 

(17) exercise any other powers of a corporation organized under chapter 156B; 

(18) develop a common Internet portal to be used by state agencies and state 
authorities to promote the commonwealth's programs providing business assistance and to 
promote economic development in the commonwealth; 

(19) take any actions necessary or convenient to the exercise of any power or the 
discharge of any duty provided for by sections 13A to 13Q, inclusive; 

(20) establish an advisory council to assist and advise the partnership on matters 
related to the commonwealth's business marketing efforts; 

(21) enter into agreements or other transactions with any person including, without 
limitation, a public entity or other governmental instrumentality or agency in connection with 
the powers and duties provided to the partnership under sections 1 3 A to 1 3Q, inclusive; and 

(22) delegate any of the powers under this section to a director having charge of an 
agency within the partnership. 

SECTION 34. Said chapter 23 A is hereby further amended by striking out sections 
13D and 13E, as appearing in the 2008 Official Edition, and inserting in place thereof the 
following 16 sections:- 

Section 13D. (a) The partnership and the agencies within the partnership shall, for 
the purposes of compliance with state finance law, operate as a state agency, as defined in 
section 1 of chapter 29, and shall be subject to the laws applicable to agencies under the 
control of the governor including, but not limited to, chapters 7, 7A, 10 and 29; provided, 
however, that the comptroller may identify additional instructions or actions necessary for 
the partnership to manage fiscal operations in the state accounting system and meet statewide 
and other governmental accounting and audit standards. Unless otherwise exempted by law 
or the applicable central service agency, the partnership shall participate in other available 
commonwealth central services including, but not limited, to the state payroll system under 
section 3 1 of chapter 29 and may purchase other goods and services provided by state 
agencies under the direction of the comptroller. The comptroller may chargeback the 
partnership for the transition and ongoing costs for participation in the state accounting and 
payroll systems and may retain and expend such costs without further appropriation for the 
purposes of this section. The partnership shall be subject to section 5D of chapter 29 and 
subsection (f) of section 6B of said chapter 29. This section shall not apply to authorities 
who are serving as partners of the partnership. 

(b) The office of the attorney general shall appear for the partnership in all suits and 
other civil proceedings in which the partnership is a party or interested or in which the 
official acts and doings of the partnership are called into question, to the same extent and in 
the same manner as provided to the commonwealth and state departments, officers and 
commissions under section 3 of chapter 12. The partnership shall be considered to be an 
agency of the commonwealth for purposes of chapter 12. 



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Chap. 240 

(c) The Massachusetts office of business development may provide staff support for 
the Massachusetts marketing partnership; provided, however, that the partnership shall 
contract with said office or with another public authority for the performance by that 
authority of core administrative functions, as determined by the secretary of housing and 
economic development which may include, but shall not be limited to, human resources, 
financial management, information technology, legal, procurement and asset management, 
to minimize the administrative costs and expenses of the partnership. 

Section 1 3E. There shall be within the partnership an office of travel and tourism 
which shall be under the supervision and control of an executive director. The powers and 
duties given to the executive director of the office of travel and tourism in this chapter and 
in any other general or special law shall be exercised and discharged subject to the direction, 
control and supervision of the partnership. 

The executive director of the office of travel and tourism shall be appointed by the 
governor, and serve at the pleasure of the governor. The position of executive director of the 
office of travel and tourism shall be classified under section 45 of chapter 30 and the 
executive director of travel and tourism shall devote full time during business hours to the 
duties of the office of travel and tourism and shall give to the state treasurer a bond for the 
faithful performance of those duties. 

The executive director of travel and tourism shall be the executive and administrative 
head of travel and tourism and shall be responsible for administering and enforcing the laws 
relative to travel and tourism and to any administrative unit of that office. Powers and duties 
given to an administrative unit of travel and tourism by a general or special law shall be 
exercised subject to the direction, control and supervision of the executive director of travel 
and tourism. 

Section 1 3F. The office of travel and tourism shall serve as the principal agency for 
promoting the recreational, cultural, historic and scenic resources of the commonwealth to 
increase its desirability as a location for tourism, convention, travel and recreation-related 
activities by providing informational, marketing and technical assistance to public and 
private nonprofit entities organized for similar purposes. 

Section 13G. The executive director of travel and tourism may, subject to 
appropriation and with the approval of the partnership, appoint and may, with like approval, 
remove all such employees as may be necessary to carry out the work of tourism. Unless 
otherwise provided by law, all such appointments and removals shall be made under chapter 
31. The executive director may, subject to appropriation and the laws and regulations 
pertaining to the employment of consultants, employ such consultants as the executive 
director may deem necessary. 

Section 13H. There shall be an advisory commission on travel and tourism to the 
partnership to develop budget recommendations and marketing strategies for the promotion 
of travel and tourism to the commonwealth. The executive director of travel and tourism 
shall convene the advisory commission quarterly. The advisory commission shall annually 



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Chap. 240 

report its recommendations to the partnership not later than November 1 . The advisory 
commission shall annually file its recommendations with the clerks of the senate and house 
of representatives not later than November 1 . The membership of the commission shall 
annually elect a chairperson. 

The advisory commission shall have 30 members: 1 representative from each of the 
following organizations: the Massachusetts Restaurant Association, the Massachusetts 
Lodging Association, the Massachusetts Camping Ground Association, the New England 
Bus Association, the Massachusetts cultural council and the Massachusetts historical 
commission; 1 representative of a professional sports franchise located in the 
commonwealth; 2 representatives of the Massachusetts Visitor Industry Council; the 
executive director or the executive director's designee of each of the following regional 
tourism councils: the Berkshire Hills Visitors Bureau, Southeastern Massachusetts 
Convention and Visitors Bureau, the Cape Cod Chamber of Commerce, the Franklin County 
Chamber of Commerce, the Greater Boston Convention and Visitors Bureau, the Worcester 
County Convention and Visitors Bureau, the Martha's Vineyard Chamber of Commerce, the 
Greater Merrimack Valley Convention and Visitors Bureau, the Mohawk Trail Association, 
the North of Boston Convention and Visitors Bureau, the Greater Springfield Convention 
and Visitors Bureau, the Plymouth County Development Council, Inc., the Nantucket Island 
Chamber of Commerce, the Metro West Tourism and Visitor' s Bureau, the Johnny Appleseed 
Trail Association, Inc., the Hampshire County Tourism and Visitor's Bureau; and the 
following individuals, who shall not serve as chair: the commissioner of conservation and 
recreation or the commissioner's designee, the administrator for highways within the 
Massachusetts Department of Transportation or the administrator's designee, the 
Massachusetts state coordinator of the United States National Park Service and the house and 
senate chairs of the joint committee on tourism, arts and cultural development. 

Members of this commission shall receive no compensation for their services, but 
each member shall be reimbursed the member's necessary expenses incurred while engaged 
in the performance of the member's duties. This commission shall annually, not later than 
November 1, make a report to the executive director and the secretary of housing and 
economic development, and may make such special reports as the commission or the 
executive director of tourism may deem desirable. 

Section 1 31. The office of travel and tourism may accept gifts or grants of money or 
property from any source, which shall be held in trust for the use of tourism by the treasurer 
of the partnership as custodian. 

Section 13 J. The following offices shall be within the office of travel and tourism: 
the Massachusetts film office, which shall be the official and lead agency to facilitate motion 
picture production and development within the commonwealth, and the Massachusetts sports 
partnership, which shall be the official and lead agency to facilitate and attract major sports 
events and championships in the commonwealth. 

Section 1 3K. (a)There shall be within the partnership a Massachusetts international 
trade office, which shall be under the supervision and control of an executive director. The 



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executive director shall be appointed by the governor and serve at the pleasure of the 
governor. The executive director shall devote full time during business hours to the duties 
of the Massachusetts international trade office. The executive director of the international 
trade office shall be the executive and administrative head of the office and shall be 
responsible for administering and enforcing the laws relative to the office and to any 
administrative unit of the office. The executive director shall also serve as the Massachusetts 
international trade representative. 

(b) The Massachusetts international trade representative shall: (1) serve as the 
commonwealth's official point of contact with the federal government on matters related to 
international trade; (2) work with the executive office of housing and economic development 
and other appropriate state agencies to analyze proposed and enacted international trade 
agreements and provide an assessment of the impact of those agreements on the 
commonwealth's economy; (3) serve as the designated recipient of federal requests for the 
commonwealth to agree to be bound by investment, procurement, services or any other 
international trade agreements, including those which may infringe upon state law or 
regulatory authority reserved to the commonwealth; (4) serve as a liaison to the general court 
on matters of international trade policy oversight including, but not limited to, reporting to 
members of the general court on a regular basis on the status of ongoing international trade 
negotiations, international trade litigation and dispute settlement proceedings with 
implications for existing state laws, state regulatory authority and international trade policy 
on the commonwealth's economy. 

(c) The international trade representative shall, within 30 days of receipt, forward any 
requests or communications received from the United States Trade Representative relative 
to any issue of international trade, including requests seeking the commonwealth's consent 
to be bound by international trade agreements, to the clerks of the house of representatives 
and the senate, who shall promptly refer the communications or requests to the joint 
committee on economic development and emerging technologies. The joint committee shall, 
within 30 days of receipt, conduct a public hearing on any request seeking the 
commonwealth's consent to be bound by an international trade agreement. The joint 
committee may issue a report within 120 days of the public hearing including a resolution 
to the general court relative to the recommendations of the committee on whether the 
commonwealth should consent to the international trade agreement in question and 
memorializing the commonwealth's international trade representative and the governor to 
take appropriate measures within their power to advise the United States Trade 
Representative of the recommendations of the general court. 

Section 1 3L. (a) There shall be within the international trade office 1 or more foreign 
offices for international trade. The foreign offices may be located in any country that the 
executive director of the international trade office determines to be best suited as a location 
for the furthering of foreign trade opportunities for the businesses of the commonwealth. 
The foreign offices shall encourage and further trade between foreign businesses and busi- 



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nesses in the commonwealth. The foreign offices shall also promote investment 
opportunities in the commonwealth for foreign businesses in order to encourage the location 
and establishment of such businesses within the commonwealth. For the purposes of 
furthering foreign trade and investment, the foreign offices, subject to appropriation and 
approval by the executive director of the trade international office, may contract for such 
advertising and other communication services as may be necessary. The foreign offices shall 
maintain an updated list of businesses in the commonwealth and foreign businesses which 
are or might become active in the import or export of their products and services. The 
executive director shall consult with the Massachusetts office of business development and 
the regional economic development organizations designated under section 3K in order to 
ensure that the businesses and assets of all regions of the commonwealth are included in such 
lists. The foreign office may also provide additional information and assistance to businesses 
in the commonwealth that desire to export their goods and services. 

The foreign offices shall maintain and give suitable publicity to an updated list of 
available sites for the location of foreign based businesses in the commonwealth. The 
foreign offices may make available technical assistance to foreign businesses interested in 
the establishment of plants or facilities in the commonwealth. 

(b) The foreign offices shall, on a regular basis, make all foreign trade information 
available to the executive director of the international trade office, who shall publish and 
furnish such information to regional economic development organizations designated under 
section 3K and to businesses and corporations in the commonwealth which might be 
interested in, or benefit from the utilization of such information. The executive director of 
the international trade office may charge a fee not to exceed the actual printing costs for such 
information, except that no fee shall be charged to regional economic development 
organizations designated under section 3K. 

Section 13M. There shall be a director of each foreign office appointed by the 
executive director of the international trade office, who shall be a person with at least 2 years 
of experience in international trade, having had administrative or business experience in the 
country where the office is located, who shall be fluent in at least 2 languages and who may 
be a foreign national. The director shall not be subject to chapter 31 or section 9 A of 
chapter 30. 

Section 13N. The executive director of the international trade office may, subject to 
appropriation, enter into leases for office space as may be necessary and to purchase or lease 
equipment as may be needed for the operation of foreign offices. 

Section 130. The executive director of the international trade office may accept 
funds in the name of the international trade office and the foreign offices from private and 
public groups, agencies and persons, which shall be held in trust for use by the treasurer of 
the partnership as custodian. 

Section 1 3P. The executive director of the international trade office and the director 
of any foreign office shall annually file a financial report with the clerks of the house of 
representatives and the senate and the joint legislative committee on economic development 



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Chap. 240 

and emerging technologies on the operation and activities of the office. The report shall 
include a complete evaluation of the results of the activities of the foreign offices and its 
effects on the business economy of the commonwealth, including the areas of the export of 
goods and services and in the location of foreign businesses in the commonwealth. 

Section 13Q. The international trade office shall contract with the Massachusetts 
export center to provide technical assistance to companies operating in the commonwealth 
that export products to other countries. 

Section 13R. The executive director of the international trade office may establish 
an advisory council to assist and advise the director on matters related to the administration 
and evaluation of the international trade programs provided through the international trade 
office. 

Section 13S. There shall be a commission, within the international trade office, 
which shall evaluate the continuing impacts on state laws and regulations of international 
trade policy and international trade agreements, examine proposed international trade 
agreements, maintain active communications with any individual or entity, as the 
commission deems appropriate, regarding ongoing developments in international trade 
agreements and policy; and examine any aspects of international trade, international 
economic integration and international trade agreements that the members of the commission 
deem appropriate. For the purposes of this section, 'international trade agreement' shall 
include any international trade or investment agreement or treaty including, but not limited 
to, the North American Free Trade Agreement, the Central American Free Trade Agreement 
and agreements concluded by the World Trade Organization. 

The commission shall engage in at least 1 public hearing annually and shall report 
on the economic and sovereignty impacts of international trade agreements on the 
commonwealth. The report may include recommendations of support or opposition of 
revisions in United States trade policy or commitments including, but not limited to, 
proposed international trade agreements. The annual report shall be transmitted to the clerks 
of the house of representatives and the senate, the governor, the attorney general, the United 
States trade representative and each member of the commonwealth's congressional 
delegation. 

The commission shall consist of 3 members of the senate, 1 of whom shall be 
appointed by the minority leader; 3 members of the house of representatives, 1 of whom shall 
be appointed by the minority leader; the governor or the governor's designee; the attorney 
general or the attorney general's designee; the state treasurer or the treasurer's designee; a 
representative from the Massachusetts international trade office; and 9 persons appointed by 
the governor, 1 of whom shall be a representative of organized labor, 1 of whom shall 
represent small business, 1 of whom shall be a representative from a human rights 
organization, 1 of whom shall represent farmers, 1 of whom shall be a representative from 
an environmental group, 1 of whom shall be a representative of the Massachusetts Municipal 
Association, 1 of whom shall be engaged in the business of exporting goods internationally, 



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Chap. 240 

1 of whom shall be a faculty member of a private law school in the commonwealth, with 
expertise in issues of constitutional federalism and 1 of whom shall be a faculty member of 
the University of Massachusetts with experience in economics or labor studies. 

SECTION 35. Section 14 of said chapter 23 A, as so appearing, is hereby amended 
by inserting after the word 'Bureau', in line 11, the following words:- , the Metro West 
Tourism and Visitors Bureau, the Johnny Appleseed Trail Association, Inc., the Hampshire 
County Tourism and Visitors Bureau. 

SECTION 36. Said section 14 of said chapter 23 A, as so appearing, is hereby 
amended by striking out, in lines 17 and 18, the words 'director of economic development' 
and inserting in place thereof the following words:- executive director of tourism. 

SECTION 37. Said section 14 of said chapter 23 A, as so appearing, is hereby 
further amended by striking out, in lines 55 and 56, the words ', subject to approval by the 
director of economic development' and inserting in place thereof the following words:- of 
tourism. 

SECTION 38. Sections 1 5 to 28, inclusive, of chapter 23 A of the General Laws are 
hereby repealed. 

SECTION 39. Sections 46 to 55, inclusive, of said chapter 23 A are hereby repealed. 

SECTION 40. Said Chapter 23 A is hereby further amended by striking out section 
56, as appearing in the 2008 Official Edition, and inserting in place thereof the following 
section:- 

Section 56. (a) The secretary of housing and economic development shall coordinate 
the quasi-public entities and public purpose agencies of the commonwealth as to their 
economic development projects, programs and plans. 

(b) The secretary shall aggregate the data submitted under subsection (i) of section 
16G of chapter 6 A and shall, not later than December 31, submit an annual report to the 
secretary of administration and finance, the house and senate committees on ways and means, 
the joint committee on economic development and emerging technologies, the joint 
committee on labor and workforce development, the joint committee on small business and 
community development and the joint committee on higher education. The report shall 
include an analysis of all public lending activities to businesses with an assessment of the 
economic impact of those activities and an analysis evaluating public lending to small 
businesses as defined in section 57. 

(c) In order to fully utilize all appropriate measures to provide risk capital to small 
businesses in the commonwealth, the Massachusetts Growth Capital Corporation, the 
Massachusetts Development Finance Agency and the Massachusetts Technology 
Development Corporation may establish 1 or more small business investment corporations 
or special small business investment corporations as provided by the federal Small 
Businesses Equity Enhancement Act of 1992. 

(d) The books and records of the quasi-public entities and public purpose agencies 
of the commonwealth under this section shall be subject to section 12 of chapter 1 1 and an 



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Chap. 240 

annual audit conducted by an independent auditor. The results of both audits shall be 
published in conjunction with the publication of audited financial statements. 

(e) The secretary of housing and economic development shall from time to time 
convene the Massachusetts Life Sciences Center established in chapter 231, the 
Massachusetts clean energy technology center established in chapter 23 J, the Massachusetts 
Technology Development Corporation established in chapter 40G, the Massachusetts 
Technology Park Corporation established in chapter 40 J, and the Massachusetts Technology 
Transfer Center established in chapter 75 , for the purpose of ensuring that: (1 ) the agencies' 
projects, programs and plans are coordinated and consistent with this section; (2) the 
agencies are sharing administrative functions for efficiencies and cost saving measures; (3) 
the agencies are sharing information that is beneficial to the growth and expansion of 
technology related companies in the commonwealth; and (4) the agencies are sharing best 
practices related to assisting technology related companies with debt and equity products and 
technical assistance. 

SECTION 41. Subsection (a) of section 57 of said chapter 23 A, as so appearing, is 
hereby amended by striking out the definition of 'Small business' and inserting in place 
thereof the following defmition:- 

' Small business', a business entity, including its affiliates, that: (i) is independently 
owned and operated; (ii) has a principal place of business in the commonwealth; and (iii) 
would be defined as a 'small business' under applicable federal law, as established in the 
United States Code and promulgated from time to time by the United States Small Business 
Administration. 

SECTION 42. Said section 57 of said chapter 23A, as so appearing, is hereby 
further amended by striking out subsection (i) and inserting in place thereof the following 2 
subsections :- 

(i) No loan or loans in an aggregate principal amount in excess of $500,000 shall be 
provided to a borrower under the program and no small business borrower under the program 
shall be provided a loan under the program for passive real estate purposes. 

(j) Any financial institution desiring to become a participating financial institution 
shall execute an agreement in such form as the agency or its agent may prescribe, which 
agreement shall contain the terms and provisions set forth in subsections (a) to (i), inclusive 
and such other terms and provisions as the agency or its agent may deem necessary or 
appropriate. 

SECTION 43. Said chapter 23A is hereby further amended by striking out section 
62, as so appearing, and inserting in place thereof the following section:- 

Section 62. There shall be a 10 person interagency permitting board within the 
Massachusetts office of business development. The members of the board shall be 
comprised of the state permit ombudsman who will serve as the chair of the interagency 
permitting board, the secretary of housing and economic development, the secretary of 
transportation, the secretary of energy and environmental affairs, the secretary of public 
safety and security, the director of the department of housing and community development, 



978 



Chap. 240 

the director of business development, the director of the department of workforce 
development, the director of the office of consumer affairs and business regulation, and the 
executive director of the Massachusetts Development Finance Agency; or their designees. 
Six members shall be a quorum for the transaction of business. The chair shall communicate 
with municipal officials responsible for local review procedures to determine the municipal 
perspective on the proposed project, and to facilitate communication between the 
municipality and state agencies. The interagency permitting board shall consult with each 
regional office of the Massachusetts office of business development as well as each regional 
planning agency and regional economic development organizations with which the 
Massachusetts office of business development has contracted under this chapter in order to 
better serve local businesses. At the direction of the chair, the board shall meet no fewer than 
8 times a year, and shall monitor the development of priority development sites under chapter 
43D and investigate ways in which to expedite priority development site projects. The board 
shall evaluate state agency permit procedures and recommend changes for improved 
efficiency. The board shall administer the technical assistance grants program established 
in subsection (b) of section 3 of chapter 43 D. The secretary of housing and economic 
development shall work with the chair of the interagency permitting board and senior staff 
members to develop a recommended format for an application form and procedure which 
shall be used by all executive offices when possible. 

SECTION 44. Sections 8 to 15, inclusive, of chapter 23D of the General Laws are 
hereby repealed. 

SECTION 45. Chapter 23 D of the General Laws is hereby amended by striking out 
section 16, as appearing in the 2008 Official Edition, and inserting in place thereof the 
following section: 

Section 16. There shall be established within the Massachusetts Growth Capital 
Corporation a separate fund to be known as the Employee-Ownership Revolving Loan Fund, 
the proceeds of which shall be used to provide low interest long term loans to individuals for 
the purchase of such individual's ownership interest in an employee-owned business. The 
fund shall consist of all monies designated for that fund by the board of directors of the 
Massachusetts Growth Capital Corporation in consultation with the director of the industrial 
services program. 

Said board shall administer the employee-ownership revolving loan fund program. 
The application process and the terms and conditions of approving such loans shall be 
determined by the board in consultation with the director. Said fund shall be subject to the 
reporting and auditing requirements of section 56 of chapter 23 A. 

SECTION 46. Section 20 of said chapter 23D, as so appearing, is hereby amended 
by striking out, in lines 1 and 1 1 , the words 'trustees of the economic stabilization trust' and 
inserting in place thereof the following words:- directors of the Massachusetts Growth 
Capital Corporation. 

SECTION 47. Chapter 23F of the General Laws is hereby repealed. 



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Chap. 240 

SECTION 48. Section 1 of chapter 23G of the General Laws, as appearing in the 
2008 Official Edition, is hereby amended by inserting after the word 'bonds', in line 38, the 
following words:- ; provided that, notwithstanding anything in this chapter to the contrary, 
'cost of the project' and 'costs' may also include any capital or operating expenditure which 
may legally be made by any person to which the agency is authorized to provide financing, 
whether through the issuance of bonds by the agency or otherwise, or any other type of 
financial assistance, or with respect to any property, whether tangible or intangible, which 
may be developed or redeveloped by the agency, and may also include any capital or 
operating expenditure which may legally be made with respect to any property, whether 
tangible or intangible, for which the agency is authorized to provide financing, whether 
through the issuance of bonds by the agency or otherwise, or any other type of financial 
assistance, or which may be developed or redeveloped by the agency. 

SECTION 49. Said section 1 of said chapter 23G, as so appearing, is hereby further 
amended by inserting after the definition of 'Governing body' the following definition:- 

' Hospital ' , a nonprofit hospital within the commonwealth licensed by the department 
of public health; or a nonprofit health maintenance organization within the commonwealth 
licensed by the commissioner of insurance; or an affiliated nonprofit person, which is 
organized and operated for the benefit of, to perform any of the functions of, or to carry out 
any of the purposes of a licensed nonprofit hospital or health maintenance organization, 
including operation of a nursing home, comprehensive gerontology facility or congregate 
care facility or any other nonprofit charitable person in the commonwealth not otherwise 
eligible to participate under this chapter; provided, however, that such other nonprofit 
charitable person may only undertake the financing and construction or acquisition of a 
project or undertake the financing and construction or acquisition of a project or undertake 
the refunding or refinancing of obligations or of a mortgage or of advances to the extent that 
such projects, obligations, mortgages, or advances consist of or result from the purchase of 
energy or from energy conservation or related projects of such other nonprofit charitable 
person; and provided further, that such other nonprofit charitable person participates in or 
is a member of a group power purchasing program organized and administered by or on 
behalf of the agency. 

SECTION 50. Said section 1 of said chapter 23G, as so appearing, is hereby further 
amended by striking out the definition of 'Institution' and inserting in place thereof the 
following defmition:- 

'Institution', a hospital or a nonprofit person organized to operate a facility or 
facilities that provide cultural or educational services; provided, however, that nothing in this 
definition shall be construed to limit the power or authority of the agency to provide 
financing to a person to which the agency is otherwise authorized to provide financing. 

SECTION 50A. Said section 1 of said chapter 23 G, as so appearing, is hereby 
further amended by inserting after the definition of 'Massachusetts export finance program' 
the following definition :- 



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Chap. 240 

'Massachusetts Health and Educational Facilities Authority', or 'HEFA'. the 
authority established under chapter 614 of the acts of 1968. 

SECTION 51. Said section 1 of said chapter 23G, as so appearing, is hereby further 
amended by inserting after the word 'financing', in line 188, the following words:- ; 
provided, however, that notwithstanding anything in this chapter to the contrary, 'project' 
may also include any capital or operating expenditure which may legally be made by any 
person to which the agency is authorized to provide financing, whether through the issuance 
of bonds by the agency or otherwise, or any other type of financial assistance, or with respect 
to any property, whether tangible or intangible, which may be developed or redeveloped by 
the agency, and the property, whether tangible or intangible, produced or acquired by such 
expenditure, and may also include any property, whether tangible or intangible, which may 
legally be the subject of financing by the agency, whether through the issuance of bonds by 
the agency or otherwise, or of any other type of assistance provided by the Agency, or which 
may be developed or redeveloped by the agency. 

SECTION 52. Subsection (b) of section 2 of said chapter 23G, as so appearing, is 
hereby amended by striking out the first sentence and inserting in place thereof the following 
2 sentences:- The agency shall be governed and its corporate powers exercised by a board 
of directors consisting of the secretary of administration and finance and the secretary of 
housing and economic development, or their respective designees, and 9 members to be 
appointed by the governor, 1 of whom shall be experienced in real estate development, 1 of 
whom shall be experienced in commercial or industrial credit, 1 of whom shall be 
experienced in mortgage lending, 1 of whom shall be experienced in banking or investment 
banking, 1 of whom shall be experienced in planning and the redevelopment of 
environmentally contaminated lands, 1 of whom shall be experienced in health care facility 
financing, and 1 of whom shall be a representative of organized labor. The secretary of 
housing and economic development shall serve as chairperson of the board. 

SECTION 53. Clause (16) of the first paragraph of section 3 of said chapter 23G, 
as so appearing, is hereby amended by adding the following words:- ; provided, however, 
that the agency shall publish and disseminate through its website each fiscal year a schedule 
of fees or a methodology for determining fees to be charged to institutions under this chapter, 
which shall result in similar charges for similarly-situated projects, regardless of the size of 
the participating institution. Before promulgating such schedule, the agency shall hold at 
least 1 public hearing under section 2 of chapter 30A. 

SECTION 54. Said first paragraph of said section 3 of said chapter 23G, as so 
appearing, is hereby further amended by adding the following clause :- 

(34) to make loans, including working capital and contract based loans, provide 
guarantees, loan insurance or reinsurance or otherwise provide financing or credit enhancing 
devices for the operation of companies which have a principal place of business in the 
commonwealth, including but not limited to loans to lending institutions under terms and 
conditions requiring the proceeds of such loans to be used by such lending institutions for 
the making of loans for the operation of companies. 



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Chap. 240 

SECTION 55. Subsection (k) of section 8 of said chapter 23G, as so appearing, is 
hereby amended by adding the following sentence:- Notwithstanding any provision of this 
chapter to the contrary, any indebtedness of the Massachusetts Health and Educational 
Facilities Authority may be refunded under this subsection (k) if said indebtedness was 
subject to being refunded under chapter 614 of the acts of 1968. 

SECTION 56. Said chapter 23G is hereby further amended by striking out sections 
27 and 28, as so appearing, and inserting in place thereof the following 2 sections:- 

Section 27. (a) There shall be within the agency an Emerging Technology Fund, to 
which shall be credited appropriations, bond proceeds or other monies authorized by the 
general court and specifically designated to be credited to the fund, such additional funds as 
are subject to the direction and control of the agency, pension funds, federal grants or loans 
or private investment capital which may properly be applied in furtherance of the objectives 
of the fund, proceeds from the sale of qualified investments secured or held by the fund, fees 
and charges imposed relative to the making of qualified investments, as defined and 
approved under rules approved by the advisory committee created in section 28 for the fund, 
secured or held by the fund and other monies which may be available to the agency or the 
advisory committee for the purposes of the fund from another source or sources. The agency 
shall hold the fund in an account or accounts separate from other funds or accounts and shall 
manage the fund on behalf of the advisory committee, under rules and policies established 
by the advisory committee. 

(b) The agency, on behalf of the advisory committee, shall invest and reinvest the 
fund and the income of the fund as follows: 

(1) in the making of qualified investments, under rules approved by the advisory 
committee; 

(2) in defraying the ordinary and necessary expenses of administration and operation 
associated with the fund; 

(3) in the investment of funds not required for immediate disbursement in the 
purchase of such securities as may be lawful investments for fiduciaries in the 
commonwealth; 

(4) for the payment of binding obligations associated with such qualified investments 
which are secured by the fund as the obligations become payable; and 

(5) for the payment of principal or interest on qualified investments secured by the 
fund or the payment of a redemption premium required to be paid when such qualified 
investments are redeemed prior to maturity; provided, however, that monies in the fund shall 
not be withdrawn at any time in such an amount as would reduce the amount of the fund to 
less than the minimum requirement established jointly by the agency and advisory 
committee, except for the purpose of paying binding obligations associated with qualified 
investments which are secured by the fund as the obligations become payable. 

(c) The fund shall be held and applied by the agency, on behalf of the advisory 
committee, to make qualified investments designed to advance the following public 
purposes: 



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Chap. 240 

(1) to stimulate increased financing for new, renovated or improved manufacturing, 
research and development and related facilities and financing for the operations of emerging 
technology companies in the commonwealth by leveraging private financing for highly, 
productive state-of-the-art facilities or for the operations of emerging technology companies, 
which will lead to increased and more rewarding employment opportunities in the 
commonwealth by providing financing related to such facilities including, without limitation, 
financing of the construction or expansion of such facilities, including specialized real estate 
improvements and specialized equipment for those facilities; and financing for the operations 
of emerging technology companies; and 

(2) to make matching grants to universities, colleges, public instrumentalities, 
companies and other entities to induce the federal government, industry and other 
grant-funding sources to fund advanced research and development activities in new and 
emerging technologies and new application of existing technologies in the commonwealth, 
so as to serve to increase and strengthen the commercial and industrial base of the 
commonwealth and the economic development and employment opportunities related to the 
commercial and industrial base; 

(3) to provide bridge financing to universities, colleges, public instrumentalities, 
companies and other entities in anticipation of the receipt of grants of the type described in 
clause (2) awarded or to be awarded by the federal government, industry or other sources; 

(4) to provide low or no interest equipment loans targeted to companies within the 
defense technology and homeland security sector particularly those that are seeking to 
become more competitive against out-of-state companies; 

(5) to make grants to the Massachusetts Technology Transfer Center, established by 
section 45 of chapter 75, to fund activities that facilitate the transfer of technology from the 
commonwealth's research institutions to the commonwealth's emerging technology 
industries, for productive use by such industries and to make targeted investments in proof 
of concept funding for emerging technologies; and 

(6) to provide matching grants in the field of marine science technology for 
companies in the commonwealth that receive small business innovation research or small 
business technology transfer grants from the small business administration. The matching 
award amount shall be the lesser of $20,000 or 15 per cent of the small business innovation 
research or small business technology transfer grant. There shall be a maximum of $60,000 
available per company, including affiliates, per calendar year allocated on a competitive 
basis, contingent upon the availability of funds. The matching funds shall be used for 
product development and commercialization. 

The agency shall make no such qualified investment under clause (1) of subsection 
(b) unless the advisory committee finds that, to the extent possible, said qualified investment 
is such that a definite benefit to the economy of the commonwealth may reasonably be 
expected as a result. In addition, the agency shall make no such qualified investment under 
said clause (1) of said subsection (b) unless such qualified investment complies with rules 
approved by the advisory committee. 



983 



Chap. 240 

Said rules shall define which industries within the commonwealth shall be considered 
emerging technology industries for purposes of this section; provided, however, that 
'emerging technology industries' shall include industries employing new or state-of-the-art 
technology in biotechnology, marine science technology, pharmaceuticals, clean and 
renewable energy technology; vehicles powered by clean and renewable energy, defense and 
homeland security-related technologies, advanced materials, electronics, nanotechnology, 
environmental, medical device, information technology, plastics and polymers, 
telecommunications industries involved in the research and development of state-of-the-art 
medication delivery devices or any other technological field or industry which the advisory 
committee has classified or shall classify as an emerging technology. Said rules shall also 
set the terms and conditions for investments which are to constitute qualified investments, 
which may include, without limitation, loans, working capital and contract based loans, 
guarantees, loan insurance or reinsurance, equity investments, grants made only under 
clauses (2) and (5) of subsection (c), or other financing or credit enhancing devices, as made 
by the agency directly or on its own behalf or in conjunction with other public 
instrumentalities, or private institutions, or the federal government; provided, however, that 
said rules shall provide that each such qualified investment made under clause (1) of said 
subsection (c) shall involve a transaction with the participation of at least 2 at-risk private 
parties. 

Said rules shall, in addition, set forth the terms, procedures, standards and conditions 
which the agency shall employ to identify qualified applications, process applications, make 
investment determinations, safeguard the fund, advance the objective of increasing 
employment opportunities, oversee the progress of qualified investments and secure the 
participation of other public instrumentalities, private institutions or the federal government 
in such qualified investments; provided, however, that said rules shall provide that each 
recipient of a qualified investment shall be required to pay a fee as a condition of such 
receipt, which fee may take the form of points, an interest rate premium or a contribution of 
warrants or other form of equity or consideration to the fund as prescribed by the advisory 
committee; and provided, further, that said rules shall provide for negotiated agreements 
between the agency and each recipient of a qualified investment regarding the terms and 
conditions by which the fund's support of a recipient could be reduced or withdrawn. 

(d) The agency may solicit investments by private institutions or investors in the 
activities of the fund and may reach agreements with such private institutions or investors 
regarding the terms of such investments including, without limitation, the rights of such 
investors to participate in the income or appropriation of the fund. To help secure 
investments by private institutions or investors in the activities of the fund, the advisory 
committee may develop a proposal relative to the creation of a separate investment entity 
which would allow for the commingling of the resources of the fund with the maximum 
participation by such private institutions or investors in a manner which is consistent with 
the public purpose of the fund and under terms and conditions calculated to protect and 
preserve the assets of the fund; provided, however, that if the creation or operation of such 



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Chap. 240 

a separate entity as proposed by the advisory committee would require additional or 
clarifying amendments to this chapter, said proposal shall include proposed statutory 
language. 

(e) Copies of the approved rules and modifications to the rules shall be submitted to 
the chairs of the house and senate committees on ways and means and the joint committee 
on economic development and emerging technologies and the clerks of the house of 
representatives and the senate. 

(f) Qualified investment transactions undertaken by the agency on behalf of the 
advisory committee under this section shall not, except as specified in this section, be subject 
to chapter 175, and shall be payable solely from the fund and shall not constitute a debt or 
pledge of the faith and credit of the commonwealth, the agency or any subdivision of the 
commonwealth. 

(g) The agency, on behalf of the advisory committee, shall not make an expenditure 
from or commitment of the assets of the fund, including, without limitation, the making of 
qualified investments secured by the fund, if making such a qualified investment would 
reduce the amount of the fund below the minimum requirement established by law, unless 
the agency, at the time of making of such qualified investment, deposits in the fund from the 
proceeds of that qualified investment or from any fees and charges imposed relative to the 
making of qualified investments, or otherwise, an amount which, together with the amount 
in the fund, shall not be less than the minimum requirement; provided, however, that at no 
time shall the minimum requirement of the fund be less than the maximum amount of 
principal and interest becoming due in the current and succeeding fiscal year of the agency 
on all outstanding bonds and other obligations which are secured by the fund or such greater 
amount as may be set forth in the rules governing the fund. 

Section 28. (a) There shall be an advisory committee to the Emergency Technology 
Fund established in section 27 which shall consist of the director of the Massachusetts office 
of business development, the director of the John Adams Innovation Institute, the president 
of the Massachusetts Technology Development Corporation, 3 persons to be appointed by 
the governor, 1 of whom shall be a representative of an emerging technology industry, 1 of 
whom shall have knowledge of financing of emerging technology companies and 1 of whom 
shall have knowledge of technology transfer and commercialization activities at research 
institutions, and 3 persons to be appointed by the board of the agency, 1 of whom shall be 
a representative of an emerging technology industry, 1 of whom shall have knowledge of 
financing of emerging technology companies and 1 of whom shall be a member of the 
agency's board of directors; provided, however, that the director of the John Adams 
Innovation Institute and the president of the Massachusetts Technology Development 
Corporation may designate another person to act in such member's place for a particular 
purpose, including the right to attend and vote at a meeting of the advisory committee. The 
executive director of the Massachusetts Technology Transfer Center or the executive 
director's designee shall serve as an ex-officio and nonvoting member of the advisory 
committee. 



985 



Chap. 240 

Each appointed member of the advisory committee shall serve for a term of 3 years 
or until such member's successor is appointed; provided, however, that 1 of the governor's 
initial appointees and 1 of the board of the agency's initial appointees shall serve for a term 
of 1 year, 1 of the governor's initial appointees and 1 of the board of the agency's initial 
appointees shall serve for a term of 2 years, and 1 of the governor's initial appointees and 1 
of the board of the agency's initial appointees shall serve for a term of 3 years. A person 
appointed to fill a vacancy on the advisory committee shall be appointed in a like manner and 
shall be eligible for reappointment. A member of the advisory committee appointed by the 
governor may be removed by the governor for cause. A member of the advisory committee 
appointed by the board of the agency may be removed by the board of the agency for cause. 

(b) The members shall annually elect a chairman and vice chairman and shall adopt 
by-laws governing the affairs of the advisory committee. Five members of the advisory 
committee shall constitute a quorum and the affirmative vote of a majority of the members 
present and eligible to vote at a meeting shall be necessary for an action to be taken by the 
advisory committee; provided, however, that no vacancy in the membership of the advisory 
committee shall impair the right of a quorum to exercise the powers of the advisory 
committee. 

(c) The members shall serve without compensation, but each member shall be entitled 
to reimbursement for actual and necessary expenses incurred in the performance of official 
duties. 

(d) The advisory committee may meet as often as the members shall decide; provided, 
however, that it shall meet at least once in each calendar quarter and its approval shall be 
necessary for an expenditure from, or commitment of, the assets of the fund or entry into 
contracts of the type specified in subsection (g). 

(e) The advisory committee may, by majority vote, elect, in its discretion, to delegate 
some or all of the committee's approval rights to the board or the staff of the agency; 
provided, that, any such delegation may be revoked at any time by majority vote of the 
advisory committee. 

(f) The agency shall manage the qualified investments made from the fund on behalf 
of the advisory committee including, without limitation, the closing, servicing, monitoring, 
underwriting and where appropriate, the enforcement of rights with respect to such 
management and shall provide such staff and supporting assistance as deemed appropriate 
by the board of directors of the agency to enable the advisory committee to discharge its 
duties in a manner consistent with its public purpose. Subsection (d), subsections (f) to (i), 
inclusive and subsection (1) of section 2 of this chapter shall also apply to the members and 
affairs of the advisory committee. 

(g) The advisory committee and the agency may award 1 or more contracts with 
regard to the management of the fund, which may provide performance-based incentives, 
with regard to such management. 

SECTION 57. Said chapter 23G is hereby further amended by adding the following 
section :- 



986 



Chap. 240 

Section 44. The agency shall be subject to section 1 6G of chapter 6 A and section 56 
of chapter 23 A. 

SECTION 58. Section 4 of chapter 231 of the General Laws, as appearing in the 
2008 Official Edition, is hereby amended by inserting after the word 'document', in line 35, 
the following words:- ; provided, however, that the center shall contract with another public 
authority for the performance by that authority of core administrative functions, as 
determined by the secretary of housing and economic development which may include, but 
shall not be limited to, human resources, financial management, information technology, 
legal, procurement and asset management, to minimize the administrative costs and expenses 
of the center. 

SECTION 59. Section 6 of said chapter 231, as so appearing, is hereby amended by 
inserting after the figure '75', in line 82, the following words:- to fund activities that facilitate 
the transfer of technology from the commonwealth's research institutions to the 
commonwealth's life science industries, for productive use by such industries and to make 
targeted investments in proof of concept funding for emerging technologies. 

SECTION 60. Section 12 of said chapter 231, as so appearing, is hereby amended 
by striking out, in line 9, the words 'his designee,' and inserting in place thereof the 
following words:- the secretary's designee, the executive director of the Massachusetts 
Technology Transfer Center and. 

SECTION 61. Said chapter 231 is hereby further amended by adding the following 
section: 

Section 18. The center shall be subject to section 16G of chapter 6A and section 56 
of chapter 2 3 A. 

SECTION 62. Chapter 23 J of the General Laws is hereby amended by adding the 
following section: - 

Section 9. The center shall be subject to section 16G of chapter 6 A and section 56 
of chapter 23 A. 

SECTION 63. Section 1 IF of chapter 25 A of the General Laws, as appearing in the 
2008 Official Edition, is hereby amended by striking out, in line 141, the figure '2' and 
inserting in place thereof the following figure:- 6. 

SECTION 64. Section 1 of chapter 29 of the General Laws is hereby amended by 
striking out the definition of 'State authority', as amended by section 3 1 of chapter 25 of the 
acts of 2009, and inserting in place thereof the following definition:- 

' State authority' a body politic and corporate constituted as a public instrumentality 
of the commonwealth and established by an act of the General Court to serve an essential 
governmental function' provided, however, that 'state authority' shall not include: (1) a state 
agency' (2) a city or town' (3) a body controlled by a city or town' or (4) a separate body 
politic where the governing body is elected, in whole or in part by the general public or by 
representatives of member cities or towns. 



987 



Chap. 240 

SECTION 65. Section 1 of chapter 30A of the General Laws, as so appearing, is 
hereby amended by inserting after paragraph (4) the following paragraph:- 

(4 A) 'Proposed regulation', a proposal by an agency to adopt, amend or repeal an 
existing regulation. 

SECTION 66. Said section 1 of said chapter 30A of the General Laws, as appearing 
in the 2008 Official Edition, is hereby further amended by inserting after paragraph (5) the 
following paragraph :- 

(5 A) 'Small business', a business entity or agriculture operation, including its 
affiliates, that: (i) is independently owned and operated; (ii) has a principal place of business 
in the commonwealth; and (iii) would be defined as a 'small business' under applicable 
federal law, as established in the United States Code and promulgated from time to time by 
the United States Small Business Administration. 

SECTION 67. Section 2 of said chapter 30 A, as so appearing, is hereby amended 
by inserting after the third paragraph the following 2 paragraphs :- 

The notice shall also include a small business impact statement considering the 
impact of the proposed regulation on small business with the state secretary. 
Notwithstanding the provisions of section 6, the state secretary shall include the statement 
of small business consideration on the electronic website of the state secretary; provided, 
however, that the full text of the small business impact statement may be inspected and 
copied in the office of the state secretary during business hours. 

That small business impact statement shall include, but not be limited to, the 
following: 

(1) an estimate of the number of small businesses subject to the proposed regulation; 

(2) projected reporting, recordkeeping and other administrative costs required for 
compliance with the proposed regulation; 

(3) the appropriateness of performance standards versus design standards; 

(4) an identification of regulations of the promulgating agency, or of another agency 
or department of the commonwealth, which may duplicate or conflict with the proposed 
regulation; and 

(5) an analysis of whether the proposed regulation is likely to deter or encourage the 
formation of new businesses in the commonwealth; 

SECTION 68. Section 3 of said chapter 30 A, as so appearing, is hereby amended 
by inserting after the third paragraph the following 2 paragraphs:- 

The notice shall also include a small business impact statement considering the 
impact of the proposed action on small businesses with the state secretary. Notwithstanding 
the provisions of section 6, the state secretary shall include the small business impact 
statement on the electronic website of the state secretary; provided, however, that the full text 
of the small business impact statement may be inspected and copied in the office of the state 
secretary during business hours. 

That small business impact statement shall include, but not be limited to, the 
following: 



988 



Chap. 240 

(1) an estimate of the number of small businesses subject to the proposed regulation; 

(2) projected reporting, recordkeeping and other administrative costs required for 
compliance with the proposed regulation; 

(3) the appropriateness of performance standards versus design standards; 

(4) an identification of regulations of the promulgating agency, or of another agency 
or department of the commonwealth, which may duplicate or conflict with the proposed 
regulation; and 

(5) an analysis of whether the proposed regulation is likely to deter or encourage the 
formation of new businesses in the commonwealth; 

SECTION 69. The second paragraph of section 5 of said chapter 30A, as so 
appearing, is hereby amended by striking out the third sentence and inserting in place thereof 
the following sentence:- The requirements to file small business impact statements under this 
section and sections 2, 3 and 5 A shall be enforceable by a civil action for mandamus relief, 
but the sufficiency of the statement filed shall not be grounds for invalidating or staying the 
effect of the regulation. 

SECTION 70. Said section 5 of said chapter 30 A, as so appearing, is hereby further 
amended by inserting after the second paragraph the following paragraph:- 

Prior to the adoption of a proposed regulation, an agency shall file an amended small 
business impact statement, which considers, without limitation, whether any of the following 
methods of reducing the impact of the proposed regulation on small businesses would hinder 
achievement of the purpose of the proposed regulation: 

(1) establishing less stringent compliance or reporting requirements for small 
businesses; 

(2) establishing less stringent schedules or deadlines for compliance or reporting 
requirements for small businesses; 

(3) consolidating or simplifying compliance or reporting requirements for small 
businesses; 

(4) establishing performance standards for small businesses to replace design or 
operational standards required in the proposed regulation; 

(5) an analysis of whether the proposed regulation is likely to deter or encourage the 
formation of new businesses in the commonwealth; and 

(6) minimizing adverse impact on small businesses by using alternative regulatory 
methods. 

SECTION 71. Said chapter 30A is hereby amended by inserting after section 5, as 
so appearing, the following section:- 

Section 5 A. Rules and regulations shall be reviewed at least once every 1 2 years after 
their publication as the final rules or regulations to ensure that those rules and regulations 
minimize economic impact on small businesses in a manner consistent with the stated 
objectives of applicable statutes. 

In reviewing a rule or regulation to minimize economic impact of the rule or 
regulation on small businesses, the agency shall file a small business impact statement which 



989 



Chap. 240 

considers the following factors: 

(1) the continuing need for the rule or regulation; 

(2) the nature of complaints or comments received concerning the rule or regulation 
from the public; 

(3) the complexity of the rule or regulation; 

(4) the extent to which the rule or regulation overlaps, duplicates or conflicts with 
other federal, state and local governmental rules and regulations; 

(5) the length of time since the rule or regulation has been enacted, changed; amended 
or modified; and 

(6) the degree to which technology, economic conditions or other factors have 
changed in the subject areas affected by the rule or regulation. 

SECTION 72. Chapter 3 OB of the General Laws is hereby amended by adding the 
following section:- 

Section 22. (a) Notwithstanding any general or special law to the contrary and to the 
extent permitted by federal law, a governmental body may, by a majority vote, establish a 
preference for the procurement of products or services by businesses, as defined in section 
3 A of chapter 23 A, with their principal place of business in the commonwealth. 

(b) If a governmental body establishes such a preference, the procurement officer 
responsible for procuring products and services on behalf of the governmental body shall 
effectuate such preference for the procurement in: (i) advertising for bids, contracts or 
otherwise and making reasonable efforts to facilitate the purchase of such products or 
services; and (ii) purchasing products or services by businesses, as defined in said section 3 A 
of said chapter 23 A, with their principal place of business in the commonwealth, unless the 
price of such goods or services exceed, by more than 10 per cent, the price of such goods or 
services produced by businesses with their principal place of business outside of the 
commonwealth. 

SECTION 73. Section 23 of chapter 32 of the General Lawsis hereby amended by 
inserting after the word 'however', in line 361, as appearing in the 2008 Official Edition, the 
following words:-, that consistent with sound investment policy and in accordance with the 
procedures and processes employed to oversee the allocation of traditional investment of 
funds, the director shall whenever reasonably possible ensure that funds are invested in banks 
or financial institutions which directly or through any subsidiary may make loans to small 
businesses, as defined in clause (a) of subdivision (7), and that when electing to make such 
investments the board shall review the guidelines for investing in small businesses contained 
in said subdivision (7) and monies shall be invested as much as reasonably possible in such 
banks, financial institutions or companies which provide capital to small businesses under 
those guidelines so long as such use is consistent with sound investment policy; provided 
further. 

SECTION 74. Said section 23 of said chapter 32, as so appearing, is hereby further 
amended by adding the following subdivision:- 



990 



Chap. 240 

(7) The guidelines for investing in small businesses with a principal place of business 
in the commonwealth shall be: 

(a) For the purposes of this section small business shall be a business entity, including 
its affiliates, that: (i) is independently owned and operated; (ii) has a principal place of 
business in the commonwealth; and (iii) would be defined as a 'small business' under 
applicable federal law, as established in the United States Code and promulgated from time 
to time by the United States Small Business Administration. 

(b) Investments shall be made by banks or financial institutions with demonstrated 
experience making capital available to small businesses with good management, which are 
fast growing and identify the potential to use increased capital to create jobs and which are 
experiencing difficulty in accessing capital. 

(c) Capital shall be provided to small businesses in a variety of financial instruments, 
including but not limited to: working capital and expansion loans to businesses, both secured 
and non-secured; provide lines of credit; capital expenditure loans; term loans; project 
finance loans; grants; loan guarantees; and mezzanine and structured finance loans. 

(d) Capital shall not be provided unless financial and managerial advisory services 
are also provided to the business that is served. 

SECTION 75. Section 59 of chapter 40 of the General Laws, as so appearing, is 
hereby amended by striking out clause (iii) and inserting in place thereof the following 
clause:- 

(iii) authorizes tax increment exemptions from property taxes, under clause Fifty-first 
of section 5 of chapter 59, for a specified term not to exceed 20 years, for any parcel of real 
property which is located in the TIF zone and for which an agreement has been executed with 
the owner of the real property under clause (v); provided, however, that the TIF plan shall 
specify the level of the exemptions expressed as exemption percentages, not to exceed 100 
per cent to be used in calculating the exemptions for the parcel, and for personal property 
situated on that parcel, as provided under said clause Fifty-first of said section 5 of said 
chapter 59; provided, further, that the exemption for each parcel of real property shall be 
calculated using an adjustment factor for each fiscal year of the specified term equal to the 
product of the inflation factors for each fiscal year since the parcel first became eligible for 
an exemption under this clause; provided, further that the inflation factor for each fiscal year 
shall be a ratio; 

(a) the numerator of which shall be the total assessed value of all parcels of 
commercial and industrial real estate that are assessed at full and fair cash value for the 
current fiscal year minus the new growth adjustment for the current fiscal year attributable 
to the commercial and industrial real estate as determined by the commissioner of revenue 
under subsection (f) of section 21 C of chapter 59; and 

(b) the denominator of which shall be the total assessed value for the preceding fiscal 
year of all the parcels included in the numerator; provided, however, that the ratio shall not 
be less than 1;. 



991 



Chap. 240 

SECTION 76. Said section 59 of said chapter 40, as so appearing, is hereby further 
amended by adding the following clause:- 

(viii) requires of an owner of a parcel pursuant to clause (v) to submit to the city or 
town clerk and the economic assistance coordinating council a report detailing the status of 
the construction laid out in the plan; the current value of the property; and the number of jobs 
created to date as a result of the plan; provided, however, that a report shall be filed every 5 
years for the term of the tax increment exemption allowed under clause Fifty-first of section 
5 of chapter 59; and provided further, that a final report shall be filed in the final year of the 
exemption. 

SECTION 77. Clause (iii) of subsection (a) of section 60 of said chapter 40, as so 
appearing, is hereby amended by striking out the introductory paragraph and inserting in 
place thereof the following introductory paragraph: - 

authorize tax increment exemptions from property taxes, under clause Fifty-first of 
section 5 of chapter 59, for a specified term not to exceed 20 years, for any parcel of real 
property which is located in the UCH-TIF zone and for which an agreement has been 
executed under clause (v); provided, however, that the UCH-TIF plan shall specify the level 
of exemptions expressed as exemption percentages, not to exceed 100 per cent to be used in 
calculating the exemptions for the parcel, and for personal property situated on that parcel, 
as provided under said clause Fifty-first of said section 5 of said chapter 59; provided, 
further, that the exemption for each parcel of real property shall be calculated using an 
adjustment factor for each fiscal year of the specified term equal to the product of the 
inflation factors for each fiscal year since the parcel first became eligible for such exemption 
under this clause; provided, further, that the inflation factor for each fiscal year shall be a 
ratio:. 

SECTION 78. Clause (iii) of subsection (a) of section 60A of said chapter 40, as so 
appearing, is hereby amended by striking out the introductory paragraph and inserting in 
place thereof the following introductory paragraph: - 

authorize tax increment exemptions from property taxes, under clause Fifty-first of 
section 5 of chapter 59, for a specified term not to exceed 20 years, for any parcel of real 
property which is located in the M WT-TIF zone and for which an agreement has been 
executed with the owner of the parcel under clause (iv); provided, however, that the 
MWT-TIF plan shall specify the level of exemptions expressed as exemption percentages, 
not to exceed 100 per cent, to be used in calculating the exemptions for the parcel, and for 
personal property situated on that parcel, as provided under said clause Fifty-first of said 
section 5 of said chapter 59; provided, further, that the exemption for each parcel of real 
property shall be calculated using an adjustment factor for each fiscal year of the specified 
term equal to the product of the inflation factors for each fiscal year since the parcel first 
became eligible for such exemption pursuant to this clause; provided, further, that the 
inflation factor for each fiscal year shall be a ratio: 

SECTION 79. Section 3 of chapter 40A of the General Laws is hereby amended by 



992 



Chap. 240 

inserting after the word 'more', in line 25, as so appearing, the following words:- or to 
parcels 2 acres or more if the sale of products produced from the agriculture, aquaculture, 
silviculture, horticulture, floriculture or viticulture use on the parcel annually generates at 
least $1,000 per acre based on gross sales dollars. 

SECTION 80. Section 24 of chapter 40B of the General Laws is hereby amended 
by striking out, in line 17, as so appearing, the words 'director of and inserting in place 
thereof the following words: secretary of housing and. 

SECTION 81. Chapter 40E of the General Laws is hereby repealed. 

SECTION 82. Section 2 of chapter 40G of the General Laws, as appearing in the 
2008 Official Edition, is hereby amended by striking out, in lines 19 and 20, the words 
'eleven directors: the director of economic development, the secretary of administration, one' 
and inserting in place thereof the following words:- 1 1 directors: the secretary of housing and 
economic development, who shall serve as chair, the secretary of administration and 
finance, 1. 

SECTION 83. The fifth paragraph of said section 2 of said chapter 40G, as so 
appearing, is hereby amended by striking out the fourth sentence. 

SECTION 84. Section 3 of said chapter 40G, as so appearing, is hereby amended 
by inserting after the word 'business', in line 8, the following words:- ; provided, however, 
that the MTDC shall contract with another public authority for the performance by that 
authority of core administrative functions, as determined by the secretary of housing and 
economic development, which may include, but shall not be limited to, human resources, 
financial management, information technology, legal, procurement and asset management, 
to minimize the administrative costs and expenses of the MTDC. 

SECTION 85. Chapter 40G of the General Laws is hereby further amended by 
adding the following section- 
Section 1 1 . The MTDC shall be subject to section 1 6G of chapter 6A and section 56 
of chapter 23 A. 

SECTION 86. Section 2 of chapter 40H of the General Laws, as appearing in the 
2008 Official Edition, is hereby amended by striking out the definition of 'CDC and 
inserting in place thereof the following definition:- 

'CDC or 'Community Development Corporation', a non-profit corporation 
organized under chapter 1 80, and exempt from taxation under section 501 (c) of the Internal 
Revenue Code and which: 

(a) focuses a substantial majority of the corporation's efforts on serving 1 or more 
specific neighborhoods or municipalities, a region of the commonwealth or a constituency 
that is economically disadvantaged; 

(b) has as the corporation's purpose to engage local residents and businesses to work 
together to undertake community development programs, projects and activities which 
develop and improve urban, rural and suburban communities in sustainable ways that create 
and expand economic opportunities for low and moderate income people; 



993 



Chap. 240 

(c) demonstrates to the department of housing and community development that the 
corporation's constituency, including low and moderate income people, is meaningfully 
represented on the board of directors of the corporation; provided, however, that in making 
this determination, the department shall consider the following criteria: (1) the percentage, 
if any, of the board that is elected by the general membership; (2) the percentage of the board 
members that are residents of the service area; (3) the percentage of board members that are 
people of low or moderate income; (4) the racial and ethnic composition of the board in 
comparison to the racial and ethnic composition of the community being served; (5) other 
mechanisms, including committees, membership meetings, that the organization uses to 
ensure that their constituency has a meaningful role in the governance and direction of the 
organization; and (6) other criteria as determined by the department. 

SECTION 87. The definition of 'Eligible organization' in section 2 of said chapter 
40H, as so appearing, is hereby amended by striking out the second sentence. 

SECTION 88. Said section 2 of said chapter 40H, as so appearing, is hereby 
amended by striking out the definition of 'Target area' and inserting in place thereof the 
following definition: - 

'Target area', a contiguous geographic area in which the project is located and is: (1) 
an economic target area designated under section 3D of chapter 23 A; (2) the service area of 
community development corporation; or (3) a zip code whose current unemployment rate 
exceeds the state unemployment rate by at least 25 per cent or whose mean household 
income is at or below 80 per cent of the state mean household income as of the most recent 
decennial census. 

SECTION 89. Chapter 40H of the General Laws is hereby amended by inserting 
after section 2 the following section:- 

Section 2 A (a) The director of housing and community development shall establish 
and maintain a list of organizations that have been certified as CDCs consistent with this 
chapter and develop a process for certifying those organizations; provided, however, that the 
organizations shall be recertified at least once every 4 years. The process shall include an 
analysis of the organization's governance and a determination of whether the organization's 
constituency, including low and moderate income persons, is meaningfully represented on 
the board of directors of the organization. In making such determination, the director shall 
consider the following criteria: (i) the percentage, if any, of the board that is elected by the 
general membership' (ii) the percentage of the board members who are residents of the 
service area' (iii) the percentage of board members that are persons of low or moderate 
income; (iv) the racial and ethnic composition of the board in comparison to the racial and 
ethnic composition of the community that the organization serves; (v) other mechanisms, 
including committees, membership meetings and others that the organization uses to ensure 
that the organization's constituency has a meaningful role in the governance and direction 
of the organization; and (vi) other criteria as determined by the director of housing and 
community development. 



994 



Chap. 240 

(b) The director of housing and community development shall file an annual report 
on December 1 5 with the speaker of the house of representatives, the president of the senate, 
the chairs of the house and senate committees on ways and means, the chairs of the joint 
committee on housing, and the chairs of the joint committee on community development and 
small business providing: 

(i) a list of certified CDCs in the commonwealth' and 

(ii) a summary of programs, initiatives or partnerships operated by the executive 
office of housing and economic development, its agencies and quasi-public agencies 
organized under the executive office, that are designed to build the capacity of CDCs, 
provide training or technical assistance to CDC employees or board members, provide 
funding to support CDCs and their programs, projects and initiatives and otherwise help 
CDCs to engage local residents and businesses to work together to undertake programs, 
projects and activities which develop and improve urban, rural and suburban communities 
by creating and expanding economic opportunities for low and moderate income persons 
together with recommendations for action to enhance the ability of CDCs to advance those 
activities. 

SECTION 90. Section 3 of said chapter 40H, as appearing in the 2008 Official 
Edition, is hereby amended by striking out, in line 13, the words 'nine directors, four' and 
inserting in place thereof the following words:- 9 directors, 1 of whom shall be the secretary 
of the housing and economic development, who shall serve as chair, 3. 

SECTION 91. Subsection (b) of said section 3 of said chapter 40H, as so appearing, 
is hereby amended by striking out the sixth sentence. 

SECTION 92. Said chapter 40H is hereby amended by adding the following 
section:- 

Section 9. CEDAC shall be subject to section 16G of chapter 6A and section 56 of 
chapter 23 A. 

SECTION 93. The third paragraph of section 3 of chapter 40 J of the General Laws, 
as appearing in section 1 5 of chapter 158 of the acts of 2009, is hereby amended by striking 
out the first sentence and inserting in place thereof the following 2 sentences:- The secretary 
of housing and economic development or the secretary's designee shall serve as chairperson. 
The board shall annually elect from among its members a vice-chairperson and may 
designate a treasurer and a secretary, who need not be members of the board. 

SECTION 94. Section 6A of said chapter 40 J is hereby amended by striking out, in 
line 1 6, as so appearing, the words 'undersecretary of business' and inserting in place thereof 
the following words:- secretary of housing and economic. 

SECTION 95. Section 6B of said chapter 40J, as so appearing, is hereby amended 
by striking out, in line 32, the words 'or his designee' and inserting in place thereof the 
following words:- , who shall serve as chair. 

SECTION 96. Subsection (c) of said section 6B of said chapter 40J, as so appearing, 
is hereby further amended by striking out the second sentence. 



995 



Chap. 240 

SECTION 97. The second paragraph of subsection (b) of section 6D of said chapter 
40J, as so appearing, is hereby amended by striking out the first sentence and inserting in 
place thereof the following sentence:- The council shall consist of 9 members; 1 of whom 
shall be the secretary of health and human services, who shall serve as the chair; 1 of whom 
shall be the secretary of administration and finance, or the secretary's designee; 1 of whom 
shall be the executive director of the health care quality and cost council; 1 of whom shall 
be the director of the office of Medicaid; 1 of whom shall be the secretary of housing and 
economic development or the secretary's designee; 4 of whom shall be appointed by the 
governor, of whom at least 1 shall be an expert in health information technology, 1 shall be 
an expert in law and health policy and 1 shall be an expert in health information privacy and 
security. 

SECTION 98. Said chapter 40 J is hereby further amended by adding the following 
section:- 

Section 1 3 . The corporation shall be subject to section 1 6G of chapter 6A and section 
56 of chapter 23 A. 

SECTION 99. Section 1 of chapter 40Q of the General Laws, as appearing in the 
2008 Official Edition, is hereby amended by striking out the definition of 'Base date' and 
inserting in place thereof the following 2 definitions:- 

' Adjustment factor' , for each fiscal year of the term of a given development program, 
the product of the inflation factors for each fiscal year subsequent to the first fiscal year 
immediately following the base date. 

'Base date', the last assessment date of the real property tax immediately preceding 
the creation of the district. 

SECTION 100. The definition of 'Development program' in said section 1 of said 
chapter 40Q, as so appearing, is hereby amended by striking out clause (8) and inserting in 
place thereof the following clause:- 

(8) the duration of the program which shall not exceed the longer of: (i) 30 years from 
the date of designation of the district; or (ii) 30 years from project stabilization, as defined 
in the development program. 

SECTION 101. Said section 1 of said chapter 40Q, as so appearing, is hereby 
further amended by striking out the definition of 'Inflation factor' and inserting in place 
thereof the following definition:- 

'Inflation factor', a ratio: (1) the numerator of which shall be the total assessed value 
of all parcels of residential, commercial and industrial real estate that are assessed at full and 
fair cash value for the current fiscal year minus the new growth adjustment factor for the 
current fiscal year attributable to the residential, commercial and industrial real estate as 
determined by the commissioner of revenue under paragraph (f) of section 21C of chapter 
59; and (2) the denominator of which shall be the total assessed value for the preceding fiscal 
year of all the parcels included in the numerator; provided, however, the ratio shall not be 
less than 1 ; provided, further, that if the proposed Invested Revenue District does not include 



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residential property, the assessed value attributable to residential property shall not be 
included in either the numerator or the denominator in calculating the inflation factor. 

SECTION 102. Said section 1 of said chapter 40Q, as so appearing, is hereby 
further amended by striking out, in line 59, the word 'and'. 

SECTION 103. Said section 1 of said chapter 40Q, as so appearing, is hereby 
further amended by inserting after the word 'located', in line 61, the following clause:- ; and 
(8) if applicable, a statement of the city or town electing that the original assessed value not 
be increased by the adjustment factor. 

SECTION 104. Said section 1 of said chapter 40Q, as so appearing, is hereby 
further amended by striking out the definition of 'Original assessed value' and inserting in 
place thereof the following definition:- 

'Original assessed value', the aggregate assessed value of the invested revenue 
district as of the base date; provided, however, that if the city or town has not included an 
election statement in its investment district development program, the original assessed value 
in any year shall be equal to the original assessed value as of the base date multiplied by the 
adjustment factor for that fiscal year. 

SECTION 105. The General Laws are hereby amended by inserting after chapter 
40U the following 2 chapters :- 

CHAPTER 40V. 
HOUSING DEVELOPMENT INCENTIVE PROGRAM. 

Section 1 . As used in this chapter, the following words shall, unless the context 
clearly requires otherwise, have the following meanings :- 

' Certified housing development proj ect' , a housing development proj ect that has been 
approved by the department for participation in the housing development incentive program. 

'Department', the department of housing and community development as established 
by chapter 23B. 

'Gateway municipality', gateway municipality as defined in section 3 A of chapter 
23A. 

'Housing development incentive program' or 'HDIP' , a program designed to promote 
increased residential growth, expanded diversity of housing supply, neighborhood 
stabilization, and economic development within housing development zones in gateway 
municipalities. 

'Housing development project', a multi-unit residential rehabilitation project that is 
located in a gateway municipality and once rehabilitated, shall contain at least 80 per cent 
market rate units. 

'Housing development zone' or 'HD zone', a zone designated by a gateway 
municipality which shall be characterized by a need for multi-unit market rate residential 
properties. 

'Market rate residential unit', a residential unit priced for households above 1 10 per 
cent of the area's household median income. 



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Chap. 240 

'Qualified substantial rehabilitation expenditure', the cost of substantial rehabilitation 
meeting the following criteria: (i) an initial certification by the department that the structure 
meets the definition of certified housing development project; (ii) a second certification by 
the department, to be issued prior to construction, certifying that if completed as proposed, 
the rehabilitation work meets the standards required for a certified rehabilitation; and (iii) a 
final certification by the department, issued when the property is leased or sold by the 
taxpayer. 

'Sponsors', sponsors, as defined in section 25 of chapter 23B. 

'Substantial rehabilitation' and 'substantially rehabilitated', the needed major 
redevelopment, repair and renovation of a property, excluding the purchase of the property, 
as determined by the department of housing and community development. 

Section 2. The department may from time to time designate 1 or more areas of a 
gateway municipality as an HD Zone and take any and all actions necessary or appropriate 
to such a designation, upon receipt of a municipal application requesting such designation 
and representing in its application that the municipality, based on its own independent 
investigation, has determined that the area proposed for designation has a need for multi-unit 
residential properties. The application shall include a plan which shall include a detailed 
description of the construction, reconstruction, rehabilitation and related activities, public 
and private, contemplated for such zone as of the date of the adoption of the zone plan. 

Section 3. Under section 5M of chapter 59, the department may approve a 
municipality's application for a tax exemption for a housing development project located 
within an approved housing development zone. 

Section 4. (a) A project may be eligible to be a certified housing development project 
under this chapter; provided, however, that the proposed project: 

(i) contains 2 or more residential units; provided, however, the project may be a 
mixed-use development that includes commercial uses in addition to residential units; 

(ii) contains not more than 50 market rate residential units; 

(iii) is located in a designated or proposed HD zone; 

(iv) contains at least 80 per cent market rate units upon completion of the 
rehabilitation, to be sold or leased; 

(v) has received from the municipality a property tax exemption under section 5M 
of chapter 59; and 

(vi) is a substantial rehabilitation of an existing property. 

(b) The department may from time to time approve 1 or more housing development 
projects, located in HD zones designated as certified projects under section 2 and take any 
and all actions necessary or appropriate to such a designation, upon compliance with the 
following: 

(i) receipt of a project proposal for such a designation requesting such designation 
from the municipality, submitted in a timely manner, in such form and with such information 
as the department prescribes, supported by independently verifiable information and signed 
under the penalties of perjury by a person authorized to bind the sponsors; 



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Chap. 240 

(ii) receipt of an executed agreement by the municipality which contains a tax 
exemption under section 5M of chapter 59 and this section so long as the municipality has 
determined and incorporated in a formal written determination, based on the information 
submitted with the project proposal and such additional investigation as the municipality 
shall make, that the project as described in the proposal and all documentation submitted 
with the proposal: 

(A) is consistent with and can reasonably be expected to benefit significantly from 
the gateway municipality's plans relative to the project property tax exemption; 

(B) together with all other projects previously certified and located in the same 
project HDIP zone, shall not overburden the municipality's supporting resources; and 

(C) together with the municipal resources committed to the project, shall, if certified, 
have a reasonable chance of increasing residential growth, diversity of housing supply, 
supporting economic development and promoting neighborhood stabilization in 1 of the 
municipality's housing development zones of the municipality as advanced in the proposal; 
and 

(iii) receipt with such written approval by the municipality of a request for a 
designation of the project as a certified project for a specified number of years, which shall 
be not less than 5 years and not more than 20 years. 

(c) The department shall evaluate and either grant or deny any project proposal not 
later than 90 days from the date of its receipt of a complete project proposal and failure to 
do so by the department shall result in approval of such project for a term of 20 years. 
Approval of a project due to the department's failure to act within 90 days shall not 
constitute approval by the department of any tax incentives provided under chapter 62 or 63 . 

(d) The department may impose a fee for the processing of applications for the 
certification of any project under this section. 

(e) The department shall review such certified project at least once every 2 years. A 
certified project shall retain its certification for the period specified by the department in its 
certification decision unless such certification is revoked prior to the expiration of the 
specified period. The certification of a project may be revoked only by the department and 
only upon: (i) the petition of the municipality that approved the project proposal, if the 
petition satisfies the authorization requirements for a municipal application or the petition 
of the director of the department; and (ii) the independent investigation and determination 
of the department that representations made by the sponsors in its project proposal are 
materially at variance with the conduct of the sponsors subsequent to the certification and 
such variance is found to frustrate the public purposes that such certification was intended 
to advance. Upon such a revocation, the commonwealth and the municipality, may bring a 
cause of action against the sponsors for the value of any economic benefit received by the 
sponsors prior to or subsequent to such revocation. 

Under this section, revocation shall take effect on the first day of the tax year in 
which the department determines that a material variance commenced. The commissioner 
of revenue may, as of the effective date of the revocation, disallow any credits, exemptions 



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or other tax benefits allowed by the original certification under this section. The 
commissioner shall issue regulations to recapture the value of any credits, exemptions or 
other tax benefits allowed by the certification under this section. 

Annually, on or before the first Wednesday in December, the department shall file 
a report detailing its findings of the review of all certified projects that it evaluated in the 
prior fiscal year to the commissioner of revenue, to the joint committee on revenue and the 
joint committee on housing and community development. 

Section 5. The department may award to a sponsor of a certified project tax credits 
available under subsection (q) of section 6 of chapter 62 and section 38BB of chapter 63 not 
to exceed 10 per cent of the cost of qualified substantial rehabilitation expenditures of the 
market rate units in the project. The amount and duration of the credit awarded shall be 
based on the following factors: 

(i) the need for residential development and diversity of housing supply in the 
gateway municipality; 

(ii) the extent to which the project will encourage residential development, expansion 
of diversity of housing supply, support neighborhood stabilization, and promote economic 
development in the zone; and 

(iii) the percentage of market rate units contained in the project. 

(b) The department may, limit any incentive or credit available to a project under 
subsection (q) of section 6 of chapter 62 and section 38BB of chapter 63 to a dollar amount 
or in any other manner deemed appropriate by the department. 

CHAPTER 40W. 
MASSACHUSETTS GROWTH CAPITAL CORPORATION 

Section 1 . For the purposes of this chapter the following words and terms shall, 
except where the context clearly indicates otherwise, have the following meanings: 

'Capital participation instruments', purchase of stock, both common and preferred, 
convertible securities, warrants, subscriptions, options to acquire, capital loans, and working 
capital or inventory loans, royalties, and other lawful derivations of the foregoing. 

'Community development corporation' or 'CDC, a certified community 
development corporation, as defined in section 2 of chapter 40H. 

'Corporation' or 'GCC, the Massachusetts Growth Capital Corporation established 
iny section 2. 

'Equity investment', any of the following types of investment activity: (a) a purchase 
of stock; (b) a purchase of a partnership interest; (c) a purchase of a limited liability company 
membership interest; or (d) a loan made on such terms that it has sufficient characteristics 
of equity. 

'Financial products', loans, equity investments and other similar financing activities 
including, but not limited to, the purchase of loans originated by a certified community 
development financial institution, the provision of loan guarantees, or the provision of surety 
bond guarantees. 



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'Project', (a) the act of making available financial products to small businesses and 
nonprofit corporations; (b) manufacturing, wholesale, retail, service, or other business 
activity; (c) economic development activity involving the financing of commercial, industrial 
or other real estate activity; or (d) other activity from which a community will derive 
economic benefit. 

'Small business', a business entity, including its affiliates, that (a) is independently 
owned and operated; (b) has a principal place of business in the commonwealth; and (c) 
would be defined as a 'small business' under applicable federal law, as established in the 
United States Code and promulgated from time to time by the United States Small Business 
Administration. 

Section 2. (a) There is hereby established a body politic and corporate to be known 
as the Massachusetts Growth Capital Corporation. The GCC is hereby constituted a public 
instrumentality and the exercise by the GCC of the powers conferred by this chapter shall be 
deemed to be the performance of an essential governmental function. 

The GCC shall be placed within the executive office of housing and economic 
development but shall not be subject to the supervision and control of an executive office, 
department, division, commission, board, bureau or agency except to the extent and in the 
manner provided by law. 

(b) The corporation shall be governed and its corporate powers exercised by a board 
of directors, which shall consist of 12 directors; 1 of whom shall be the secretary of housing 
and economic development, who shall serve as chair; 1 of whom shall be the secretary of 
administration and finance, or the secretary's designee; and 10 of whom shall be appointed 
by the governor. Of the 10 directors appointed by the governor; 3 shall be persons who 
together shall be experienced in small business financing, other financial instruments, 
turnarounds of troubled businesses and the organization and operation of employee owned 
businesses; provided, however, that each such director shall be experienced and 
knowledgeable in at least 1 such area; 1 shall be a representative of an organization of small 
businesses or manufacturing companies in the commonwealth; 1 shall be a representative of 
a community bank in the commonwealth and nominated by the Massachusetts Bankers 
Association; 1 shall be experienced in community economic development and employed by 
a CDC or a representative of the Massachusetts Association of Community Development 
Corporations; 1 shall be a current or retired certified public accountant or chief financial 
officer; 1 shall be a practicing or retired attorney with a business financing experience; 1 
shall be a small business owner; and 1 shall be a representative of organized labor. Each 
member appointed by the governor shall serve a term of 5 years, except that in making the 
governor's initial appointments the governor shall appoint 2 members to serve for a term of 

1 year, 2 members to serve for a term of 2 years, 2 members to serve for a term of 3 years, 

2 members to serve for a term of 4 years and 2 members to serve for a term of 5 years. 

(c) A person appointed to fill a vacancy in the office of a director shall be appointed 
in a like manner and shall serve for only the unexpired term. A director shall be eligible for 



1001 



Chap. 240 

reappointment. A director may only be removed from the director's appointment by the 
governor for good cause. The directors shall annually elect 1 director as vice-chair and 
designate a secretary-treasurer who need not be a director. The secretary-treasurer shall keep 
a record of the proceedings of the corporation and shall be the custodian of all books, 
documents and papers filed with the corporation, the minute books of the corporation and 
of its official seal. 

(d) Six of the directors of the corporation shall constitute a quorum and 6 affirmative 
votes shall be necessary for the transaction of business or the exercise of a power or function 
of the corporation. Each director shall be entitled to reimbursement for the director's actual 
and necessary expenses incurred in the performance of the director's official duties. 

(e) The corporation, its directors, officers and employees shall be subject to sections 
1 to 4, inclusive, of chapter 268A except that the corporation may purchase from, sell to, 
borrow from, loan to, contract with or otherwise deal with a person in which a director of the 
corporation is interested or involved; provided, however, that such interest or involvement 
is disclosed in advance to the directors and recorded in the minutes of the corporation; 
provided, further, that no director having such an interest or involvement may participate in 
a decision of the directors relating to such person. Employment by the commonwealth or 
service in an agency of the commonwealth shall not be deemed to be such an interest or 
involvement. 

(f) The directors shall appoint the president of the corporation and shall establish the 
president's salary. The president shall be the chief administrative and operational officer of 
the corporation and shall direct and supervise administrative affairs and the general 
management of the corporation. The president may employ such other employees as shall 
be designated by the directors, shall attend meetings of the directors, shall cause copies to 
be made of all minutes and other records and documents of the corporation and shall certify 
that such copies are true copies and all persons dealing with the corporation may rely upon 
such certification. 

(g) All officers and employees of the corporation having access to its cash and 
negotiable securities shall give bond to the corporation at its expense in such amounts and 
with such surety as the directors may prescribe. The persons required to give bond may be 
included in 1 or more blanket or scheduled bonds. 

(h) Directors shall not be liable to the commonwealth, to the agency or to any other 
person as a result of the director's activities, whether ministerial or discretionary, as such 
directors, except for willful dishonesty or intentional violations of the law. The corporation 
may purchase liability insurance for directors, officers, and employees and may indemnify 
said persons against claims of others. 

(i) Documentary materials, data or conversations made or received by a director or 
employee of the corporation and consisting of, or to the extent that such materials, data or 
conversations consist of, trade secrets or commercial or financial information regarding the 
operation of a business conducted by an applicant for assistance which the corporation is 
empowered to render or regarding the competitive position of such applicant in a particular 



1002 



Chap. 240 

field of endeavor, shall not be public records of the corporation and shall not be subject to 
section 10 of chapter 66. A discussion or consideration of such trade secrets or commercial 
or financial information may be held by the directors in executive session closed to the public 
notwithstanding chapter 30 A, but the purpose of such an executive session shall be set forth 
in the official minutes of the corporation and no business which is directly related to such 
purpose shall be transacted nor shall a vote be taken in such an executive session. 
Section 3. The GCC shall have the power to: 

(a) adopt by-laws for the regulation of its affairs and the conduct of its business; 

(b) adopt an official seal; 

(c) sue and be sued in its own name; 

(d) make and execute contracts and all other instruments necessary or convenient for 
the exercise of its power and functions; 

(e) acquire, hold and dispose of personal property for its corporate purposes; 

(f) enter into agreements or other transactions with federal and state agencies; 

(g) acquire real property, or an interest in real property, by purchase or foreclosure, 
if such acquisition is necessary or appropriate to protect or secure an investment or loan in 
which the agency has an interest; to sell, transfer and convey such property to a buyer and 
in the event such sale, transfer or conveyance cannot be effected with reasonable promptness 
or at a reasonable price, to lease such property to a tenant; 

(h) invest funds held in reserves or sinking funds, or funds not required for immediate 
disbursement, in such investments as may be lawful for fiduciaries in the commonwealth; 

(i) borrow money by the issuance of debt obligations whether tax exempt or taxable 
and secure such obligations by the pledge of its revenues or of the revenues, mortgages and 
notes of others; provided, however, that the corporation shall not issue debt obligations if the 
principal amount of those debt obligations, when added to the principal amount of existing 
debt obligations issued by the corporation, excluding debt obligations previously refunded 
or to be refunded by the corporation, would exceed 30 million dollars; 

(j) employ and fix the compensation of a president, who shall be the chief executive 
officer of the corporation and such other agents, employees, professional and business 
advisers as may be necessary in the judgment of the directors; provided, however, that the 
president, professional advisers and business advisers shall not be subject to chapter 3 1 or 
section 9 A of chapter 30; 

(k) appear in its own behalf before boards, commissions, departments or other 
agencies of municipal, state or federal government; 

(1) procure insurance against any loss in connection with its property in such amounts, 
and from such insurers, as may be necessary or desirable; 

(m) consent, subject to any contract with noteholders or bondholders, whenever it 
deems it necessary or desirable in the fulfillment of the purposes of this chapter, to the 
modification, with respect to rate of interest, time of payment of an installment of principal 
or interest, or other terms, of a mortgage, mortgage loan, mortgage loan commitment, 
contract or other agreement to which the GCC is a party; 



1003 



Chap. 240 

(n) do any and all things necessary or convenient to carry out its purposes and 
exercise the powers expressly given and granted in this chapter; 

(o) receive and accept from federal and state agencies and public or private entities 
grants, loans or advances for or in aid of the purposes of this chapter and to receive and 
accept contributions from a source of either money, property, labor or other things of value, 
to be held, used and applied for the purposes of this chapter; 

(p) create, issue, buy and sell stock and other capital participation instruments; to hold 
such stock and capital participation instruments and to underwrite the creation of a capital 
market for these securities; 

(q) provide advisory services, technical assistance and training programs to small 
businesses as may be necessary or desirable to carry out the purposes of this chapter; 

(r) exercise other powers, rights or responsibilities of a corporation organized under 
chapter 156B; 

(s) create and issue shares which a person, firm or corporation may purchase; 
provided, however, that each share issued shall be in the form of non- voting common stock 
with each share having a par value of $ 1 0; provided, further, that the total value of the shares 
issued shall not exceed $25,000,000; 

(t) make loans or grants to, or otherwise finance or invest in, a business to further the 
purposes of this chapter; provided, further, that such loans or grants may be made to certified 
community development corporations or other community based nonprofit entities for the 
purpose of such corporations or entities providing financing to businesses; 

(u) provide loan guarantees to public or private entities for the purpose of causing 
such entities to provide financing to a business; 

(v) establish and collect such fees, charges and interest rates as the corporation 
determines to be reasonable; and 

(w) require, by contract in a financing agreement, or otherwise, specific operational 
activities, financial actions or management changes, as conditions for the receipt of a loan, 
financing or investment by the corporation. 

No debt obligation issued under clause (i), stock or capital participation instrument 
created under clause (p) or share issued under clause (s) shall be or become an indebtedness 
or obligation of the commonwealth, and it shall be plainly stated on the face of each bond, 
capital participation instrument, share or other evidence of indebtedness that it does not 
constitute an indebtedness or obligation of the commonwealth but is payable solely from the 
revenues or income of the Massachusetts Growth Capital Corporation. 

Section 4. The corporation shall contract with another public authority for the 
performance by that authority of core administrative functions, as determined by the secretary 
of housing and economic development which may include, but shall not be limited to, human 
resources, financial management, information technology, legal, procurement and asset 
management, to minimize the administrative costs and expenses of the corporation. 

Section 5. 



1004 



Chap. 240 

(a) The corporation may participate in a project; provided that, the corporation shall 
find and incorporate in the official records of the corporation that the project will be of a 
public benefit such that the project is reasonably expected to: 

(i) support or promote economic development, revitalization or stability; 

(ii) promote employment opportunities for residents of the commonwealth; 

(iii) promote the creation or retention of jobs; or, 

(iv) support the creation or expansion of a business sector whose success would 
enhance the economic development of the commonwealth, enhance the quality of life of 
residents of the commonwealth or enhance the employment opportunities for residents of the 
commonwealth. 

(b) The corporation shall not participate in a project unless it determines, in writing, 
that its participation is necessary because funding for the project is not available in the 
traditional capital markets or that credit has been offered on terms that would preclude the 
success of the project. 

(c) The corporation shall endeavor to participate in projects each year that provide 
financial products, which in the aggregate total not less than 30 percent of the total capital 
committed by the corporation over a 3 year period, to projects which enhance the economic 
development of a target area, as defined in section 2 of chapter 40H, or enhance the quality 
of life and promote employment opportunities for low and moderate income residents of the 
commonwealth. If a certified CDC requests that the corporation participate in a project, the 
corporation shall make a determination of whether the project: (i) is likely to provide 
employment opportunities to low and moderate income residents of the commonwealth; (ii) 
is likely to enhance the quality of life of low and moderate income residents of the 
commonwealth; or (iii) supports the creation or expansion of the business sector in the region 
served by the CDC. If the corporation enters into an agreement to participate in such a 
project, the terms of the financial products made available shall favorably reflect the 
economic and social benefits which inures to the commonwealth from the project. 

(d) Each contract shall include a requirement for adequate reporting of financial and 
other data to the corporation. The contract shall require that a business receiving financial 
products shall participate in financial and managerial consulting services and the contract 
shall include a requirement for an annual or other periodic audit of the project books. 

Section 6. The corporation shall endeavor to participate in projects each year that 
provide financial products, which in the aggregate total not less than 20 percent of the total 
capital committed by the corporation in that year, to minority-owned or women-owned 
contractors notwithstanding the conditions described in section 5, except that the corporation 
shall have determined, in writing; (a) that the project plans conform to applicable 
environmental, zoning, building, planning and sanitation laws; (b) that there is a reasonable 
expectation that the project will be successful; and (c) that the participation of the 
corporation is necessary for the successful completion of the proposed project because 
funding for the project is unavailable in the traditional capital markets, or that credit has been 
offered on terms that would preclude the success of the project. 



1005 



Chap. 240 

Section 7. (a) The GCC may establish or invest in the capital stock of 1 or more 
corporations organized to increase capital available to small businesses or to engage local 
residents and businesses to work together to undertake programs, projects and activities 
which develop and improve urban, rural and suburban communities by creating and 
expanding economic opportunities for low and moderate income people. Without limitation, 
such a corporation may: 

(1) serve as a financial intermediary between entities undertaking projects and small 
businesses and public or private sources of capital including, without limitation, direct 
lenders, guarantors or grant makers. Any corporation so organized may accomplish its 
purposes by means of (i) investing in the equity capital of; (ii) making direct loans to; or (iii) 
issuing loan guarantees to entities undertaking projects or to small businesses; and 

(2) provide financial and managerial consulting services to entities undertaking 
projects, small businesses and minority-owned or women-owned contractors. 

(b) The GCC may have a controlling or a minority interest in such a corporation, as 
the directors of the GCC shall determine in the board's discretion; provided, however, that 
at least 1 director of the GCC shall sit on the board of directors of the corporation. 

(c) A corporation established under this section or in which the GCC has invested 
under this section shall, prior to making an investment in the capital stock of, or loans or loan 
guarantees to, entities undertaking projects or to small businesses, make the following 
findings: 

(1) that such action is consistent with the objectives of this section and may 
reasonably be expected to contribute to the redevelopment and economic well-being of the 
commonwealth, will create or retain jobs or will assist minority or women-owned businesses; 

(2) that the funds provided by the GCC will be used solely in connection with the 
costs of the project or the operation of the small business; 

(3) that the contract for participation in a project requires adequate reporting of 
financial data from the small business or project to such corporation, that the contract 
requires that a business receiving financial products shall participate in financial and 
managerial consulting services and that the contract includes a requirement for an annual or 
other periodic audit of the books of the project or the small business; 

(4) that its participation is necessary to the successful completion of the proposed 
project or to the success of the small business because funding for the project or small 
business is unavailable in the traditional capital markets or that credit has been offered on 
terms that would preclude the success of the project or the small business; and 

(d) Should the GCC desire to sell or otherwise dispose of stock received under a 
contract under this section, the small business or entity undertaking a project, or the small 
business or entity's nominee, shall within 120 days have the right of first refusal upon the 
sale and the right to meet a subsequent bona fide offer by a third party. 

(e) The GCC shall not, nor shall the GCC in combination with a corporation 
established or invested in by the GCC under this section, own more than 49 percent of the 
voting stock in a small business. 



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Chap. 240 

(f) Upon the request of the GCC, the commissioner of banks shall examine the books 
of a corporation established or invested in by the GCC under this section if such examination 
is a condition of the particular investment, lending, loan guaranty or grant program 
administered by such corporation. 

Section 8. (a) The corporation shall establish a program to support the provision of 
financial and managerial consulting and technical assistance to eligible companies which 
receive financial assistance from the commonwealth or any of the commonwealth's public 
authorities. Services supported may include, but shall not be limited to, procurement of 
investment capital, management, administration, production, product marketing, assisting 
business in securing federal contracts and business expansion, renovation and diversification. 
The program shall include: (i) referrals to technical assistance provided without charge to 
eligible companies by public and private small business support organizations; (ii) financial 
support to engage private consultants; and (iii) a directory of organizations, experts and 
consultants available to be engaged to offer financial or managerial consulting services. 

(b) The corporation shall coordinate the program with the United State Small 
Business Administration, the Massachusetts Small Business Development Center Network 
and other private for profit and nonprofit providers of consulting and technical assistance to 
small businesses. The corporation shall consult with the commonwealth' s public authorities, 
private business associations and regional economic development organizations in 
administering the program. 

(c) The corporation may provide matching grants to fund consulting and technical 
assistance to small businesses who receive financial assistance from the commonwealth or 
any of the commonwealth's public authorities. The grants shall be used by the recipient 
businesses to pay for mandated small business consulting and technical assistance services. 
Prior to awarding a grant, the corporation shall have determined that the financial or 
managerial consulting services mandated as a condition of financial support of the small 
business are not available without charge from an entity participating in the program and that 
procuring such services creates a hardship and impedes the likelihood of success of a project. 
Grants awarded shall require a 100 percent match by the recipient. 

Section 9. (a) The GCC may establish an economic stabilization program for the 
following purposes: 

(1) To provide flexible high risk financing necessary to implement a change of 
ownership, a corporate restructuring or a turnaround plan for an economically viable, but 
troubled business which faces the likelihood of a large employment loss, plant closure or 
failure without such a change of ownership, corporate restmcturing or turnaround plan. The 
program shall provide assistance to firms in specific mature industries for the purpose of 
technological investment or upgrading of management operations in order for the business 
to maintain future economic stability. The financial participation of the GCC shall aim to 
supplement private financial institutions and public economic development agencies when 
such institutions are unable to provide all the financing or bear all of the risk necessary to 
transfer ownership, restructure or turnaround a business in a situation where the business 



1007 



Chap. 240 

might otherwise fail or greatly reduce its employment. 

(2) To provide flexible high risk financing in connection with the start-up of 
employee-owned businesses or the implementation of employee-ownership projects. The 
financial participation of the GCC shall aim to supplement private financial institutions and 
public economic development agencies when such institutions are unable to provide all the 
financing or bear all of the risk necessary to start-up an employee-owned business or 
implement an employee-ownership project. 

(b) The GCC shall endeavor to direct at least 1 percent of the financing provided by 
the economic stabilization program to businesses that are employee-owned businesses in 
order to fulfill the purposes of this section. 

(c) The GCC may participate in projects under this section; provided, that, the 
corporation shall find and incorporate in the official records of the corporation that the 
project will be of a public benefit and: 

( 1 ) when providing assistance in connection with the purchase of a troubled business, 
the directors shall determine and incorporate in the minutes of a meeting of the directors that: 

(i) the business is likely to experience a large loss of employment, plant closure, or 
failure without the loan financing or investment by corporation; 

(ii) the business within a specific mature industry requires assistance for the purpose 
of technological investment or upgrading of management operations in order for the business 
to maintain future economic stability; 

(iii) the business or person seeking to purchase the business has taken or shall take 
such actions as the directors deem necessary to ensure the business has a reasonable chance 
to continue as a successful business, including, but not limited to, changes in its operations, 
financing, or management and that said actions are included as a condition for financing by 
the corporation in the financing agreement; and 

(iv) the business or person seeking to purchase the business has made diligent efforts 
to obtain the financing necessary to continue its operations or transfer ownership of the 
business from private financial institutions and public economic development agencies and 
such financing is unavailable or has been offered on terms that would prevent the successful 
continuation or change in ownership of the business; or 

(2) when providing assistance in connection with an employee-owned business or an 
employee-ownership project, the directors shall determine and incorporate in the minutes of 
a meeting of the directors that: 

(i) the business or person seeking assistance has taken or shall take such actions as 
the directors deem necessary to ensure that the employee-ownership project has a reasonable 
chance to succeed; and 

(ii) except with respect to assistance for pre-feasibility and feasibility studies, that 
such business or person has made diligent efforts to obtain the financing necessary to 
institute or implement the employee-ownership project from private financial institutions and 
public economic development agencies, and such financing is unavailable or has been of- 
fered on terms that would prevent the successful institution or implementation of the project. 



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Chap. 240 

Section 10. The GCC shall be subject to section 16G of chapter 6A and section 56 
of chapter 23 A. 

SECTION 106. Section 92 of chapter 41 of the General Laws, as appearing in the 
2008 Official Edition, is hereby amended by striking out, in line 13, and in lines 14 and 15, 
the words 'two thousand five hundred dollars', and inserting in place thereof, in each 
instance, the following figure:- $7,000. 

SECTION 107. The General Laws are hereby amended by inserting after chapter 
43 D the following chapter: - 

CHAPTER 43E. 
EXPEDITED STATE PERMITTING 

Section 1 . As used in this chapter, the following words shall, unless the context 
clearly requires otherwise, have the following meanings:' 

'Growth district', a district designated from time to time by the secretary of housing 
and economic development, with the approval of the secretary of energy and environmental 
affairs, to participate in the growth district initiative. 

'Growth district initiative', a program established by the executive office of housing 
and economic development and section 2C of chapter 303 of the acts of 2008 to provide for 
commercial and residential transportation and infrastructure development, improvements and 
various capital investment projects. 

'Issuing authority', a state agency, commission, department or other state entity that 
is responsible for issuing permits, granting approvals or otherwise involved in land use 
development including redevelopment of existing buildings and structures. 

'Permit', a permit, formal determination, order of conditions, license, certificate, 
authorization, registration or other approval or determination with respect to the use or 
development of land, buildings or structures required by an issuing authority. 'Permit' shall 
not include the decision of an agency to dispose of property under its management or control 
or permits granted by the Massachusetts Water Resources Authority or permits or approvals 
issued by the department of public utilities or the Energy Facilities Siting Board under 
chapter 40A and chapter 164 or requests for variances or waivers from state laws or 
regulations. 

'Priority development site', priority development site as defined in section 2 of 
chapter 43D. 

'Project', project as defined in section 62 of chapter 30. 

'Site', a privately or publicly owned property that is zoned for commercial or 
industrial use. 

Section 2. (a) Issuing authorities shall complete permit reviews and final decisions 
within 1 80 days, or 2 1 days for permit processes requiring a public comment period, subj ect 
to an extension under section 5, for projects that are in: (i) priority development sites 
designated under chapter 43D; (ii) located within a growth district; (iii) provided the 
applicant has received a certificate indicating the completion of the process under sections 
61 to 62H, inclusive, of chapter 30; and (iv) provided neither the project nor any portion of 



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Chap. 240 

the project shall be in a wetland as defined by section 40 of chapter 131, tidelands as defined 
by section 1 of chapter 91, priority habitat as delineated by the division of fisheries and 
wildlife under chapter 131 A or an area of critical environmental concern as designated by 
the secretary of energy and environmental affairs. 

(b) The time period to complete reviews and issue permit decisions shall begin the 
day after the issuing authority issues notice that the application materials necessary for the 
permit are complete. The issuing authority shall notify the applicant in writing within 20 
business days from receipt of the completed form of additional information needed or 
requirements that it may have. The issuing authority may provide for pre-application 
conferences to facilitate this process. 

(c) The resubmission of the application or the submission of such additional 
information required by the issuing authority shall commence a new 30-day period for review 
of the additional information. 

Section 3. Failure by any issuing authority to take final action on a permit or 
approval within the 180-day or 210-day period or extended time, if applicable, shall be 
considered a grant of the permit requested of that authority. In that event, within 3 days after 
the date of expiration of the time period, the applicant shall file a notice with the issuing 
authority, attaching the application, setting forth the facts giving rise to the grant and stating 
that notice of the grant has been mailed, by certified mail, to all parties to the proceedings 
and all persons entitled to notice of hearing in connection with the application. 

Section 4. The grant shall not occur if: (1) the issuing authority has made a timely 
determination that the application is not complete in accordance with its requirements, 
properly notified the applicant and the applicant has not made a timely response to complete 
the application; (2) the issuing authority has determined that the final application contained 
false or misleading information; or (3) the issuing authority has determined that substantial 
changes to the project affect the information required to process the permit application have 
occurred since the filing of the application. 

Section 5. The 180 or 210 day time period may be waived or extended for good 
cause upon written request of the applicant with the consent of the issuing authority or upon 
written request of the issuing authority with the consent of the applicant. The 1 80 or 2 1 day 
time period shall be extended without consent of the applicant if the issuing authority 
determines either: (1) that action by another federal, state or municipal government agency 
is required before the issuing authority may act; (2) that judicial proceedings affect the ability 
of the issuing authority or applicant to proceed with the application; or (3) that enforcement 
proceedings that could result in revocation of an existing permit for that facility or activity 
and denial of the application have been commenced. In those circumstances, the issuing 
authority shall provide written notification to the applicant and send a copy to the secretary 
of housing and economic development. When the reason for the extension is no longer 
applicable, the issuing authority shall immediately notify the applicant and shall complete 
its decision within the time period specified in this section, beginning the day after the notice 
is issued. An issuing authority shall not deny a permit exclusively due to a lack of time for 



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Chap. 240 

review if the applicant has provided a complete application and met all other obligations 
under this chapter. 

Section 6. The commencement of the time period for an administrative or judicial 
appeal of a grant under section 3 shall be the date the applicant files notice of the grant under 
said section 3. The 180 or 210 day timeline shall not apply to an administrative appeal 
following the issuance of a permit. 

Section 7. Nothing in this chapter shall be construed to alter the substantive 
jurisdictional authority of issuing authorities. Nothing in this chapter shall be construed to 
modify any requirement of the State Implementation Plan or other requirement of law that 
is necessary to retain federal delegation to, or assumption by, the commonwealth of the 
authority to implement a federal law or program. 

Section 8. The secretary of housing and economic development shall promulgate 
rules and regulations to implement this chapter with the approval of the secretary of energy 
and environmental affairs. Any agency issuing permits under this chapter may issue rules 
and regulations to tailor this chapter to the specific permits issued by such agency. 

SECTION 108. Clause Sixteenth of section 5 of chapter 59 of the General Laws is 
hereby amended by striking out paragraph (3), as amended by section 4 of chapter 1 73 of the 
acts of 2008, and inserting in place thereof the following paragraph:- 

(3) In the case of (i) a manufacturing corporation or a research and development 
corporation, as defined in section 42B of chapter 63, or (ii) a limited liability company that; 
(a) has its usual place of business in the commonwealth; (b) is engaged in manufacturing in 
the commonwealth and whose sole member is a manufacturing corporation as defined in 
section 42B of chapter 63 or is engaged in research and development in the commonwealth 
and whose sole member is a research and development corporation as defined in said section 
42B; and (c) is a disregarded entity, as defined in paragraph 2 of section 30 of chapter 63, all 
property owned by the corporation or the limited liability company other than real estate, 
poles and underground conduits, wires and pipes; provided, however, that no property, 
except property entitled to a pollution control abatement under clause forty-fourth or a 
cogeneration facility, shall be exempt from taxation if it is used in the manufacture or 
generation of electricity and it has not received a manufacturing classification effective on 
or before January 1, 1996. For the purposes of this section, a cogeneration facility shall be 
an electrical generating unit having power production capacity which, together with any other 
power generation facilities located at the same site, is not greater than 30 megawatts and 
which produces electric energy and steam or other form of useful energy utilized for 
industrial, commercial, heating or cooling purposes. For purposes of this paragraph, in 
determining whether the sole member of a limited liability company treated as a disregarded 
entity is a manufacturing corporation or a research and development corporation, the 
attributes and activities of the limited liability company shall be taken into account by the 
member along with the member's other attributes and activities. This clause as it applies to 
a research and development corporation, as defined in section 42B of said chapter 63, and 
as it applies to a limited liability company that is a disregarded entity and whose sole member 



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is a manufacturing corporation or a research and development corporation shall take effect 
only upon its acceptance by the city or town in which the real estate, poles and underground 
conduits, wires and pipes are located. 

SECTION 109. Said section 5 of said chapter 59, as appearing in the 2008 Official 
Edition, is hereby amended by striking out clause Fifty-first and inserting in place thereof the 
following clause :- 

Fifty-first, the value of a parcel of real property which is included within an executed 
agreement under clause (v) of section 59, clause (v) of subsection (a) of section 60 or clause 
(iv) of subsection (a) of section 60A of chapter 40, and the value of personal property 
situated on that parcel, but taxes on real and personal property eligible for exemption under 
this clause shall be assessed only on that portion of the value of the property that is not 
exempt under section 59, section 60 or section 60 A of chapter 40, and this exemption shall 
be for a term not longer than the period specified for the exemption in the agreement. The 
amount of the exemption under this clause for a parcel of real property shall be the 
exemption percentage adopted under clause (iii) of section 59, subsection (a) of section 60 
or of section 60A of said chapter 40 multiplied by the amount by which the parcel's value 
exceeds the product of its assessed value for the last fiscal year before it became eligible for 
exemption under this clause multiplied by the adjustment factor determined under said 
section 59, section 60 or section 60A of said chapter 40. The amount of the exemption under 
this clause for personal property shall be the exemption percentage adopted under clause (iii) 
of section 59, subsection (a) of section 60 or of section 60A of said chapter 40 multiplied by 
the fair cash valuation of the personal property. Taxes on property eligible for exemption 
under this clause shall be assessed only on that portion of the value of the property that is not 
exempt under this clause. 

SECTION 1 10. Said chapter 59 is hereby further amended by inserting after section 
5L the following section:- 

Section 5M. A gateway municipality, as defined in section 1 of chapter 40V, may, 
by vote of its legislative body, subject to the charter of the municipality, establish an 
exemption in an amount not less than 10 per cent and not more than 100 per cent of the 
incremental value of the market rate units contained in a certified housing development 
project within a housing development zone under chapter 40V, for a period of not less than 
5 years and not more than 20 years. For the purposes of this section, 'market rate residential 
unit' shall mean a market rate residential unit as defined in section 1 of chapter 40V. Such 
exemption shall be approved by the department of housing and community development, as 
established in chapter 23B. The department shall promulgate applicable rules and 
regulations to carry out this section. 

SECTION 111. Section 4 of chapter 62 of the General Laws, as appearing in the 
2008 Official Edition, is hereby amended by inserting after the words 'paragraph (b)', in line 
32, the following words:- , excepting Part C taxable income derived from the sale of 
investments which: (1) are in a corporation which is domiciled in the commonwealth with 
a date of incorporation on or after January 1 , 201 1 which has less than $50 million in assets 



1012 



Chap. 240 

at the time of investment and complies with subsections (e)(1), (e)(2), (e)(5), and (e)(6) of 
Section 1202 of the Internal Revenue Service Code; and (2) are held for 3 years or more, 
which shall be taxed at a rate of 3 per cent; provided, however, that in order to qualify for the 
3 per cent rate, such investments shall be made within 5 years of the date of incorporation 
and, to the extent consistent with the provisions of this subsection, shall be in stock in a 
corporation that satisfies the requirements for treatment as "qualified small business stock" 
under section 1202(c) of the federal Internal Revenue Code, without regard to the 
requirement that the corporation be a C corporation. 

SECTION 112. Subsection (g) of section 6 of chapter 62 of the General Laws, 
inserted by section 21 of chapter 166 of the acts of 2009, is hereby amended by striking out 
paragraph (1) and inserting the following paragraph: 

(1) A credit shall be allowed against the tax liability imposed by this chapter, to the 
extent authorized by the economic assistance coordinating council established in section 3B 
of chapter 23 A, up to an amount equal to 50 per cent of such liability in any taxable year; 
provided, however, that the 50 per cent limitation shall not apply where the credit is 
refundable under paragraph (5): (i) for certified expansion projects and certified enhanced 
expansion projects, as defined in sections 3 A and 3F of said chapter 23 A, an amount up to 
1 per cent, and (ii) for certified manufacturing retention projects, as defined in said sections 
3 A and 3F of said chapter 23 A, an amount up to 40 per cent of the cost of property that 
would qualify for the credit allowed by section 31 A of chapter 63 if the property were 
purchased by a manufacturing corporation or a business corporation engaged primarily in 
research and development and used exclusively in a certified project as defined in said 
sections 3 A and 3F of said chapter 23 A. A lessee may be eligible for a credit pursuant to this 
subsection for real property leased pursuant to an operating lease. If such property is 
disposed of or ceases to be in qualified use within the meaning of section 3 1 A or ceases to 
be used exclusively in a certified project before the end of the certified project's certification 
period, or if a certified project's certification is revoked, the recapture provisions of 
subsection (e) of section 31 A shall apply. If such property is disposed of after the certified 
project's certification period but before the end of such property's useful life, the recapture 
provisions of subsection (e) of section 31 A shall apply. The expiration of a certified 
project's certification shall not require the application of the recapture provisions of 
subsection (e) of section 31 A. 

The total amount of credits that may be authorized by the economic assistance 
coordinating council in a calendar year pursuant to this section and section 38N of chapter 
63 shall not exceed an annual cap equal to $25,000,000 minus the credits granted and 
carryforwards of credits from prior years pursuant to subsection (q)(5) of section of 6 of this 
chapter and section 38BB(5) of said chapter 63, and shall include: (1) refundable credits 
granted during the year pursuant to this section or said section 38N of said chapter 63; (2) 
nonrefundable credits granted during the year pursuant to this section or said section 38N of 
said chapter 63, to the extent that such nonrefundable credits are estimated by the 
commissioner to offset tax liabilities during the year; and (3) carryforwards of credits from 



1013 



Chap. 240 

prior years under this section or said section 38N of said chapter 63, to the extent that such 
credit carryforwards are estimated by the commissioner to offset tax liabilities during the 
year. Of these allowable credits, the economic assistance coordinating council may award 
not more than $5,000,000 in a calendar year to certified enhanced expansion projects as 
defined in sections 3 A and 3F of chapter 23 A, and not more than $10,000,000 for certified 
manufacturing retention projects as defined in said sections 3 A and 3F of said chapter 23 A. 
Any portion of the annual cap not awarded by the economic assistance coordinating council 
in a calendar year shall not be applied to awards in a subsequent year. The economic 
assistance coordinating council shall provide the commissioner of revenue with any 
documentation that the commissioner deems necessary to confirm compliance with the 
annual cap and the commissioner shall provide a report confirming compliance with 
the annual cap to the secretary of administration and finance and the secretary of housing and 
economic development. 

As used in this paragraph, 'EACC shall mean the economic assistance coordinating 
council established in section 3B of chapter 23 A. A credit allowed under this section may 
be taken only after the taxpayer completes a report signed by an authorized representative of 
the corporation and files the report with the EACC within 2 years after the initial project 
certification by the EACC and annually thereafter. The report shall contain pertinent 
employment data needed to determine whether the taxpayer has reasonably satisfied the 
employment projections set forth in its original project proposal granted pursuant to section 
3F of said chapter 23 A. Paragraph (3) of section 3F of said chapter 23 A shall apply to tax 
benefits awarded under this section. Nothing in this section shall limit the authority of the 
commissioner to make adjustments to a corporation's liability upon audit. 

SECTION 113. Paragraph (1) of subsection (j) of said section 6 of said chapter 62, 
as appearing in the 2008 Official Edition, is hereby amended by striking out the figure '20 11 ' 
and inserting in place thereof the following figure:- 2013. 

SECTION 114. Said paragraph (1) of said subsection (j) of said section 6 of said 
chapter 62, as so appearing, is hereby further amended by striking out the figure '2012' and 
inserting in place thereof the following figure:- 2014. 

SECTION 115. Said section 6 of said chapter 62 is hereby further amended by 
adding the following subsection: - 

(q) (1) A credit shall be allowed against the tax liability imposed by this chapter, to 
the extent awarded by the department of housing and community development established 
in chapter 23B, hereinafter referred to as 'DHCD', for a certified housing development 
project, as defined in chapter 40V, in an amount up to ten per cent of the cost of qualified 
substantial rehabilitation expenditures of the market rate units within the projects, as defined 
in section 1 of chapter 40V. The credit under this subsection shall be allowed for the taxable 
year in which department of housing and community development gives the commissioner 
written notification of completion of the certified housing development project. 

(2) Taxpayers eligible for the this credit may, with prior notice to and under 
regulations adopted by the commissioner of revenue, transfer the credits, in whole or in part, 



1014 



Chap. 240 

to any individual or entity, and the transferee shall be entitled to apply the credits against the 
tax with the same effect as if the transferee had incurred the qualified rehabilitation 
expenditures itself. If the sponsor of the certified housing development project is a 
partnership or a limited liability* company taxed as a partnership, the credit if transferred 
must be transferred by the partnership or the limited liability* company. If the credits allowed 
to a partnership, a limited liability company taxed as a partnership or multiple owners of 
property are not transferred they shall be passed through to the persons designated as 
partners, members or owners, respectively, pro rata or pursuant to an executed agreement 
among the persons designated as partners, members or owners documenting an alternative 
distribution method without regard to their sharing of other tax or economic attributes of the 
entity. Credits passed through to indmdual partners and members are not transferable. 

I If the credit allowable for any taxable year exceeds the taxpayer's tax liability for 
that tax year . the taxpayer may carry forward and apply in any subsequent taxable year, the 
portion, as reduced from year to year . of those credits which exceed the tax for the taxable 
year; provided however, that in no event shall the taxpayer apply the credit to the tax for any 
taxable year beginning more than 5 years alter the taxable year in which department of 
housing and community development gives the commissioner written notification of 
completion of the certified housing development project If the credit is transferred by the 
taxpayer, the carry over provisions applicable to the transferee apply. 

A transferee shall use the credit in the year it is transferred. If the credit allowable 
for any taxable year exceeds the transferee' s tax liability for that tax year, the transferee may 
carry forward and apply in any subsequent taxable year, the portion, as reduced from year to 
year, of those credits which exceed the tax for the taxable year, provided, however, that in 
no event shall the transferee apply the credit to the tax for any taxable year beginning more 
than 5 years after the taxable year in which DHCD gives the commissioner written 
notification of completion of the certified housing development project 

(4) For any certified housing development project qualified rehabilitation 
expenditures applicable to this credit shall be treated for purposes of this subsection as made 
on the date that DHCD gives the Commissioner written notification of completion of the 
certified housing development project 

:" | The total amount of credits that may be authorized by DHCD in a calendar year 
pursuant to this subsection and section 38BB of chapter 63 shall not exceed $5,000,000 and 
shall include: (1) credits granted during the year pursuant to this subsection or said section 
5 8BB of said chapter 63 ; (2) carry forwards of credits from prior years pursuant to this sub- 
section or said section 38BB of said chapter 63. to the extent that such credit carry forwards 
are estimated by the commissioner to offset tax liabilities during the year. Any portion of 
the S5 ,000.000 annual cap not awarded by the DHCD in a calendar year shall not be applied 
to awards in a subsequent year. The DHDC shall provide the commissioner of revenue with 
any documentation that the commissioner deems necessary to confirm compliance with the 
annual cap and the commissioner shall provide a report coiifirming compliance with the an- 



1015 



Chap. 240 

nual cap to the secretary of administration and finance and the secretary of housing and 
economic development.(6) The commissioner, in consultation with the DHDC, shall 
prescribe regulations necessary to carry out this subsection. 

SECTION 116. Section 61 of chapter 62 of the General Laws, as appearing in the 
2008 Official Edition, is hereby amended by striking out, in lines 70 and 71, the words ', if 
allocated a federal low income housing tax credit with respect to a project,'. 

SECTION 117. Said section 61 of said chapter 62 is hereby further amended by 
striking out, in line 72, as so appearing, the words 'the same' and inserting in place thereof 
the following word:- a. 

SECTION 118. Section 1 of chapter 62C, as amended by section 39 of chapter 131 
of the acts of 2010, is hereby further amended by striking out the definition of 'Tax credit 
program' and inserting in place thereof the following definition:- 

'Tax credit program', (i) the tax credit in subsection (j) of section 6 of chapter 62 and 
section 38Q of chapter 63; (ii) the dairy farmer tax credit in subsection (o) of said section 6 
of said chapter 62 and the dairy farm tax credit in section 38Z of said chapter 63; (iii) the 
U.S.F.D.A. user fees credit in section 31M of said chapter 63 and subsection (n) of said 
section 6 of said chapter 62; (iv) the film tax credit in subsection (b) of section 38X of said 
chapter 63 and subsection (1) of said section 6 of said chapter 62; (v) the historic 
rehabilitation tax credit in section 38R of said chapter 63 and section 6 J of said chapter 62; 
(vi) the life sciences investment tax credit in section 38U of said chapter 63 and subsection 
(m) of said section 6 of said chapter 62; (vii) the low-income housing tax credit in section 
3 1H of said chapter 63 and section 61 of said chapter 62; (viii) the medical device tax credit 
in section 31L of said chapter 63 and section 6 1/2 of said chapter 62; (ix) the refundable 
research credit in subsection (j) of section 38M of said chapter 63; (x) the economic 
development incentive program in subsection (g) of said section 6 of said chapter 62 and 
section 38N of said chapter 63; and (xi) any transferable or refundable credits under chapter 
62 and 63 established on or after July 1, 2010. 

SECTION 119. Subsection (b) of section 21 of chapter 62C of the General Laws, 
as amended by section 34 of chapter 27 of the acts of 2009, is hereby further amended by 
adding the following clause :- 

(26) the disclosure to members o f the Joint Enforcement Task Force on the 
Underground Economy and Employee Misclassification, established by Executive Order 499, 
of information relating to the classification by a business entity of individuals providing 
services to such business entity as employees or independent contractors, including but not 
limited to information relating to the business entity's withholding or failure to withhold 
personal income tax pursuant to chapter 62B with respect to payments to particular 
individuals and the amount of any such payments or withholding. 

SECTION 120. Subparagraph (b) of paragraph 5 of section 30 of chapter 63 of the 
General Laws, as appearing in the 2008 Official Edition, is hereby amended by striking out 
the last sentence and inserting in place thereof the following 2 sentences:- Losses sustained 
in any taxable year prior to January 1 , 201 0, may be carried forward for not more than 5 years 



1016 



Chap. 240 

and may not be carried back. Losses sustained in any taxable year beginning on January 1 , 
2010 may be carried forward for not more than 20 years and may not be carried back. 

SECTION 121. Clause (c) of said paragraph 5 of said section 30 of said chapter 63, 
as so appearing, is hereby amended by striking out subclause (iii). 

SECTION 122. Said paragraph 5 of said section 30 of said chapter 63, as so 
appearing, is hereby further amended by adding the following 2 clauses :- 

(d) A business corporation that incurs losses before the corporation becomes subject 
to tax liability in the commonwealth shall not be allowed to carry those losses forward under 
this section. 

(e) Notwithstanding any other provision of this section, when a corporation is allowed 
to carry forward net operating losses under this section, the loss shall be determined and 
carried forward by multiplying the loss by the corporation's apportionment percentage as 
determined under this chapter for the taxable year in which the loss is sustained, with respect 
to the business that generated the loss and is to be deducted by the corporation from its 
taxable net income allocated or apportioned to the commonwealth. The commissioner shall 
adopt rules or regulations to implement this section and to coordinate the application of this 
section with the other provisions of this chapter. 

SECTION 123. Paragraph (1) of subsection (c) of section 31H of said chapter 63, 
as appearing in the 2008 Official Edition, is hereby amended by striking out the words ', if 
allocated a federal low income housing tax credit with respect to a project,'. 

SECTION 124. Said paragraph (1 ) of said subsection (c) of said section 3 1H of said 
chapter 63, as so appearing, is hereby further amended by striking out the words 'the same' 
and inserting in place thereof the following word:- a. 

SECTION 125. Paragraph (3) of subsection (c) of section 32B of said chapter 63, 
as appearing in the 2008 Official Edition, is hereby amended by adding the following clause :- 

(iv) Where a combined group determines its taxable net income or loss on a water's 
edge basis, an item of income of a corporation that is organized outside of the United States 
shall not be included in the combined group's taxable income to the extent that such item is 
exempt from United States federal income tax by virtue of a federal income tax treaty. Any 
items of expense and apportionment factors related to such item of exempt income shall be 
excluded in the determination of taxable net income or loss to the extent provided in 
regulations issued by the commissioner. However, any such item of exempt income shall 
be taken into account to determine whether the corporation is included in the water's edge 
group under clause (ii) or (iii). If a corporation organized outside of the United States is 
included in a water's edge combined group and has an item of income that is exempt from 
United States federal income tax by virtue of a federal tax treaty, the corporation shall be 
considered to be included in the combined group under that clause only with regard to any 
items of income described in that clause that are not so exempt, taking into account items of 
expense and apportionment factors associated with such items of non-exempt income to the 
extent provided by regulations issued by the commissioner. Nothing in this clause shall 
prevent the commissioner from adjusting, under sections 311, 31J, 3 IK or 39A of this 
chapter, section 3 A of chapter 62C, or any other provision of law, any deduction claimed by 

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Chap. 240 

the payer for amounts that are excluded from the combined group's taxable income under 
this clause. The commissioner may require the reporting of the amounts of such excluded 
income and the documentation of any claimed treaty exemption as conditions to be met by 
a payer claiming a deduction of such payments. 

SECTION 126. Section 38N of said chapter 63 is hereby amended by striking out 
subsection (a), as appearing in section 23 of chapter 166 of the acts of 2009, and inserting 
in place thereof the following subsection: 

(a) A corporation subject to tax under this chapter that participates in a certified 
project, as defined in sections 3A and 3F of chapter 23 A, may take a credit against the excise 
imposed by this chapter to the extent authorized by the economic assistance coordinating 
council established by section 3B of said chapter 23 A, in an amount not to exceed 50 per 
cent of such liability in a taxable year; provided, however, that the 50 per cent limitation shall 
not apply if the credit is refundable under subsection (b): (i) for certified expansion projects 
and certified enhanced expansion projects, as defined in said sections 3 A and 3F of said 
chapter 23 A, an amount up to 10 per cent; and (ii) for certified manufacturing retention 
projects, as defined in said sections 3 A and 3F of said chapter 23 A, an amount up to 40 per 
cent of the cost of any property that would qualify for the credit allowed by section 31 A if 
the property were purchased by a manufacturing corporation or a business corporation 
engaged primarily in research and development and is used exclusively in a certified project, 
as defined in said sections 3A and 3F of said chapter 23 A. A lessee may be eligible for a 
credit under this subsection for real property leased under an operating lease. 

The total amount of credits that may be authorized by the economic assistance 
coordinating council in a calendar year under subsection (g) of section 6 of chapter 62 and 
this section shall not exceed an annual cap equal to $25,000,000 minus the credits granted 
and carryforwards of credits from prior years under subsection (5) of section 38BB of this 
chapter and paragraph (5) of subsection (q) of section 6 of chapter 62 and shall include: (1) 
refundable credits granted during the year under said subsection (g) of said section 6 of said 
chapter 62 or this section; (2) nonrefundable credits granted during the year under said 
subsection (g) of said section 6 of said chapter 62 or this section, to the extent that such 
nonrefundable credits are estimated by the commissioner to offset tax liabilities during the 
year; and (3) carryforwards of credits from prior years under said subsection (g) of said 
section 6 of said chapter 62 or this section, to the extent that such credit carryforwards are 
estimated by the commissioner to offset tax liabilities during the year. Of these allowable 
credits, the economic assistance coordinating council may award not more than $5,000,000 
in a calendar year to certified enhanced expansion projects, as defined in sections 3 A and 3F 
of chapter 23 A, and not more than $5,000,000 for certified manufacturing retention projects, 
as defined in said sections 3 A and 3F of said chapter 23 A. Any portion of the annual cap not 
awarded by the economic assistance coordinating council in a calendar year shall not be 
applied to awards in a subsequent year. The economic assistance coordinating council shall 
provide the commissioner with any documentation that the commissioner deems necessary 



1018 



Chap. 240 

to confirm compliance with the annual cap and the commissioner shall provide a report 
confirming compliance with the annual cap to the secretary of administration and finance and 
the secretary of housing and economic development. 

The credit allowed under this section may be taken by an eligible corporation; 
provided, however, that the credit allowed by section 3 1 A or section 3 1H shall not be taken 
by such corporation. For purposes of this paragraph, the corporation need not be a 
manufacturing corporation or a business corporation engaged primarily in research and 
development. If such property is disposed of or ceases to be in qualified use within the 
meaning of section 3 1 A or ceases to be used exclusively in a certified project before the end 
of the certified project' s certification period, or if a certified project' s certification is revoked, 
the recapture provisions of subsection (e) of section 31 A shall apply. If such property is 
disposed of after the certified project's certification period but before the end of such 
property's useful life, the recapture provisions of subsection (e) of section 31 A shall apply. 
The expiration of a certified project's certification shall not require the application of the 
recapture provisions of subsection (e) of section 31 A. 

As used in this paragraph, 'EACC shall mean the economic assistance coordinating 
council established in section 3B of chapter 23 A. A credit allowed under this section may 
be taken only after the taxpayer completes a report signed by an authorized representative of 
the corporation and files the report with the EACC within 2 years after the initial project 
certification by the EACC and annually thereafter. The report shall contain pertinent 
employment data needed to determine whether the taxpayer has reasonably satisfied the 
employment projections set forth in its original project proposal granted pursuant to section 
3F of said chapter 23 A. Paragraph (3) of section 3F of said chapter 23 A shall apply to tax 
benefits awarded under this section. Nothing in this section shall limit the authority of the 
commissioner to make adjustments to a corporation's liability upon audit. 

SECTION 127. Section 38Q of said chapter 63, as appearing in the 2008 Official 
Edition, is hereby amended by striking out, in line 3, the figure '201 1' and inserting in place 
thereof the following figure:- 2013. 

SECTION 128. Said section 38Q of said chapter 63, as so appearing, is hereby 
further amended by striking out, in line 8, the figure '2012' and inserting in place thereof the 
following figure:- 2014. 

SECTION 129. Said chapter 63 is hereby further amended by inserting after section 
38AA the following section: - 

Section 38BB. (1) A credit shall be allowed against the tax liability imposed by this 
chapter, to the extent awarded by the department of housing and community development, 
in this section referred to as 'DHCD', established in chapter 23B, for a certified housing 
development project, as defined in chapter 40V, in an amount up to 10 per cent of the cost 
of qualified substantial rehabilitation expenditures of the market rate units within the project, 
as defined in section (1) of chapter 40V. The credit under this section shall be allowed for 
the taxable year in which DHCD gives the commissioner of revenue written notification of 
completion of the certified housing development project. 



1019 



Chap. 240 

(2) Taxpayers eligible for the this credit may, with prior notice to and under 
regulations adopted by the commissioner of revenue transfer the credits, in whole or in part, 
to any individual or entity, and the transferee shall be entitled to apply the credits against the 
tax with the same effect as if the transferee had incurred the qualified rehabilitation 
expenditures itself. 

(3) If the credit allowable for any taxable year exceeds the taxpayer's tax liability for 
that tax year, the taxpayer may carry forward and apply in any subsequent taxable year, the 
portion, as reduced from year to year, of those credits which exceed the tax for the taxable 
year; provided, however, that in no event shall the taxpayer apply the credit to the tax for any 
taxable year beginning more than 5 years after the taxable year in which DHCD gives the 
commissioner written notification of completion of the certified housing development 
project. If the credit is transferred by the taxpayer, the carry over provisions applicable to 
the transferee shall apply. 

A transferee shall use the credit in the year it is transferred. If the credit allowable 
for any taxable year exceeds the transferee's tax liability for that tax year, the transferee may 
carry forward and apply in any subsequent taxable year, the portion, as reduced from year to 
year, of those credits which exceed the tax for the taxable year; provided, however, that in 
no event shall the transferee apply the credit to the tax for any taxable year beginning more 
than 5 years after the taxable year in which DHCD gives the commissioner of revenue 
written notification of completion of the certified housing development project. 

(4) For any certified housing development project, qualified rehabilitation 
expenditures applicable to this credit shall be treated for purposes of this section as made on 
the date that DHCD gives the commissioner of revenue written notification of completion 
of the certified housing development project. 

(5) The total amount of credits that may be authorized by DHCD in a calendar year 
under this section and subsection (q) of section (6) of chapter 62 shall not exceed $5,000,000 
and shall include : ( 1 ) credits granted during the year under this section or said subsection (q) 
of section (6) of chapter 62; (2) carry forwards of credits from prior years under this section 
or said subsection (q) of section (6) of chapter 62, to the extent that such credit carry 
forwards are estimated by the commissioner of revenue to offset tax liabilities during the 
year. Any portion of the $5,000,000 annual cap not awarded by DHCD in a calendar year 
shall not be applied to awards in a subsequent year. DHCD shall provide the commissioner 
of revenue with any documentation that the commissioner deems necessary to confirm 
compliance with the annual cap and the commissioner shall provide a report confirming 
compliance with the annual cap to the secretary of administration and finance and the 
secretary of housing and economic development. 

(6) The commissioner of revenue, in consultation with DHCD, shall adopt regulations 
necessary to carry out this section. 

SECTION 130. Section 45 of chapter 75 of the General Laws, as appearing in the 
2008 Official Edition, is hereby amended by striking out, in line 15, the words 'director of 



1020 



Chap. 240 

business and technology' and inserting in place thereof the following words:- secretary of 
housing and economic development. 

SECTION 131 . Said section 45 of said chapter 75, as so appearing, is hereby further 
amended by striking out, in line 19, the words, 'department of business technology' and 
inserting in place thereof the following words:- Massachusetts office of business 
development. 

SECTION 132. Said section 45 of said chapter 75, as so appearing, is hereby further 
amended by striking out, in lines 25 to 27, inclusive, the words 'director of business and 
technology, or his designee, the director of science and technology within the department of 
business and technology and 7 and inserting in place thereof the following words:- secretary 
of housing and economic development, who shall serve as chair, the executive director of the 
Massachusetts development finance agency, the president of the Massachusetts life sciences 
center, the executive director of the Massachusetts clean energy center, the director of the 
John Adams Innovation Institute, the president of the Massachusetts Technology 
development corporation and 8. 

SECTION 133. Said chapter 75 is hereby further amended by inserting after section 
45 the following section:- 

Section 45A. The center shall be subject to section 16G of chapter 6A and section 
56 of chapter 23 A. 

SECTION 134. Section 184B of chapter 94 of the General Laws, as appearing in 
the 2008 Official Edition, is hereby amended by striking out the definition of "Food 
department' and inserting in place thereof the following definition:- 

'Food department', any seller other than a food store or warehouse club with any 
grocery item section, area, or display and which sells one hundred or more different food 
items for consumption off the seller's premises at least in part to individuals for their own 
personal, family, or household use; provided, however, that any food section which is within 
a larger business and is the functional equivalent of a supermarket with its own separate 
checkout, may be deemed a food store by the director of standards. 

SECTION 135. Said section 184B of said chapter 94, as so appearing, is hereby 
further amended by striking out the definition of ; Food store' and inserting in place thereof 
the following defintion:- 

'Food store', any store, shop, supermarket grocer, convenience store, or other seller 
whose primary business is selling either food for consumption off the seller' s premises alone 
or in combination with grocer}' items or other nondurable items typically found in a 
supermarket, and such items are sold at least in part to individuals for their own personal, 
family, or household use. For purposes of this section and sections 184C to 184E, a 
warehouse club shall not be considered a food store. 

SECTION 136. The definition of "Food store' in said section 1 84B of said chapter 



1021 



Chap. 240 

94 is hereby amended by striking out the words 'For purposes of this section and sections 
1 84C to 1 84E, a warehouse club shall not be considered a food store, inserted by section 
135. 

SECTION 137. Section 184B of said chapter 94, as so appearing, is hereby further 
amended by adding the following definition:- 

' Warehouse club', a retail store in which customers pay annual membership fees in 
order to purchase items at member-only prices. 

SECTION 138. The definition of 'Warehouse club' in said section 184B of said 
chapter 94 is hereby repealed. 

SECTION 139. Section 12 of said chapter 138, as so appearing, is hereby amended 
by inserting after the first paragraph the following paragraph:- 

The local licensing authority of any city or town wherein the granting of licenses 
under this section is authorized, notwithstanding any limitation on the number of licenses the 
city or town is authorized to grant in section 1 7, may grant a license to the holder of a 
farmer- winery license under section 19B or from any other state for service to travelers, 
strangers, and other patrons and customers who are at least 21 years of age, such wine to be 
served and drunk on the premises of the winery at such locations on the premises of the farm 
as the local licensing authority may deem reasonable and proper. For purposes of this 
section, a farm shall have the meaning ascribed to it in section 1A of chapter 128. 

SECTION 140. Section 15 of said chapter 138, as so appearing, is hereby amended 
by inserting after the figure '19C, in line 18, the following words:- , or to an applicant 
licensed to operate as a farmer- winery under said section 19B or in any other state. 

SECTION 141. Said section 15 of said chapter 138, as so appearing, is hereby 
further amended by inserting after the word 'fee', in line 47, the following words:- and 
nothing shall prohibit the local licensing authority from establishing reduced fees for special 
licenses issued under section 15F. 

SECTION 142. Said chapter 138 is hereby further amended by inserting after 
section 15A the following section:- 

Section 1 5F. Notwithstanding any other provision of chapter 1 38, in any city or town 
wherein the granting of licenses to sell wine is authorized under this chapter, the local 
licensing authority may issue to an applicant authorized to operate a farmer-winery under 
section 1 9B or in any other state, a special license for the sale of wine produced by or for the 
licensee in sealed containers for off-premise consumption at an indoor or outdoor agricultural 
event. All sales of wine shall be conducted by an agent, representative, or solicitor of the 
licensee to customers who are at least 21 years of age. A licensee under this section may 
provide, without charge, samples of wine to prospective customers at an indoor or outdoor 
agricultural event. All samples of wine shall be served by an agent, representative, or 
solicitor of the licensee to individuals who are at least 21 years of age and all samples shall 
be consumed in the presence of such agent, representative, or solicitor of the licensee; pro- 



1022 



Chap. 240 

vided, however, that no sample shall exceed one (1) ounce of wine and no more than 5 
samples shall be served to an individual prospective customer. For the purposes of this 
section, the term 'agricultural event' shall be limited to those events certified by the 
department of agricultural resources as set forth in this section. 

An applicant for a special license under this section shall first submit a plan to the 
department of agricultural resources that shall demonstrate that the event is an agricultural 
event. The plan shall include a description of the event, the date, time and location of the 
event, a copy of the operational guidelines or rules for the event, written approval that the 
prospective licensee has been approved as a vendor at the event, including the name and 
contact information of the on-site manager, and a plan depicting the premises and the specific 
location where the license will be exercised. 

Upon review of the plan, the department may certify that the event is an agricultural 
event; provided, however, that in making that determination, the department shall consider 
the following factors: (i) operation as a farmers' market or agricultural fair approved or 
inspected by the department; (ii) frequency and regularity of the event, including dates, times 
and locations; (iii) number of vendors; (iv) terms of vendor agreements; (v) presence of an 
on-site manager; (vi) training of the on-site manager; (vii) operational guidelines or rules, 
which shall include vendor eligibility and produce source; (viii) focus of event on local 
agricultural products grown or produced within the market area; (ix) types of shows or 
exhibits, including those which are described in clause (f) of the first paragraph of section 
2 of chapter 128; and (xi) sponsorship or operation by an agricultural or horticultural society 
organized under the laws of the commonwealth, or by a local grange organization and/or 
association whose primary purpose is the promotion of agriculture and its allied industries. 
The department of agricultural resources may promulgate rules and regulations necessary for 
the operation, oversight, approval, and inspection of agricultural events under this section. 

An applicant for a license under this section shall file with the local licensing 
authority along with its application proof of certification from the department of agricultural 
resources that tge event is an agricultural event. A special license under this section shall 
designate the specific premises, and dates and times covered. A special license may be 
granted for an indoor or outdoor agricultural event which takes place on multiple dates 
and/or times during a single calendar year but no special license shall be granted for an 
agricultural event that will not take place within 1 calendar year. The special license shall 
be displayed conspicuously by the licensee at the licensed premises. A copy of a special 
license granted by the local licensing authority shall be submitted by the authority to the 
commission at least 7 days prior to the date the agricultural event is first scheduled to begin. 
The local licensing authority may charge a fee for each special license granted, but such fee 
shall not exceed fifty $50. A special license granted under this section shall be 
nontransferable to any other person, corporation, or organization and shall be clearly marked 
nontransferable on its face. 

The commission may promulgate rules and regulations it deems appropriate to 
effectuate the purposes of this section. 



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Chap. 240 

SECTION 143. Section 17 of said chapter 138, as so appearing, is hereby amended 
by adding the following paragraph: 

In addition to the number of licenses otherwise authorized to be granted pursuant to 
this section, a city or town may grant additional licenses under sections 1 2, 1 5 or 1 5F to the 
holder of a farmer- winery license under section 1 9B or in any other state for the sale of wine 
produced by or for the applicant. A license granted by a city or town under said section 12, 
1 5 or 1 5F shall not be include as a license for purposes of determining the number of licenses 
allowed to be granted by a city or town under this section. A license granted pursuant to this 
paragraph shall be nontransferable to any other person, corporation or organization and shall 
be clearly marked nontransferable on its face. 

SECTION 144. Section 1 9B of said chapter 1 3 8, as so appearing, is hereby amended 
by inserting after the word 'section', in line 97, the following words:- 15, 15F or 

SECTION 145. Said section 19B of said chapter 138, as so appearing, is hereby 
further amended by striking out, in line 99, the word 'and', the second time it appear. 

SECTION 146. Said section 19B of said chapter 138, as so appearing, is hereby 
amended by inserting after the word 'country' in line 100,, the following word:- 

(5) at retail by the glass or bottle to be consumed on the premises prescribed by a 
license issued by local authority pursuant to section twelve of this chapter. 

SECTION 147. Said section 19B of said chapter 138, as so appearing, is hereby 
further amended by striking out subsection (h) and inserting in place thereof the following 
words :- 

(h) A winegrower shall not sell at retail to consumers any wine or winery product not 
produced by or for the winery and sold under the winery brand name. All retail sales shall 
be made on the winery premises, except where a winegrower obtains additional licenses for 
the sale of wine to consumers at additional locations off the winery premises at locations 
authorized by a license issued pursuant to sections 15 and 15F. 

SECTION 148. Section 52C of chapter 149 of the General Laws, as appearing in 
the 2008 Official Edition, is hereby amended by striking out the fifth paragraph and inserting 
in place thereof the following paragraph: - 

An employer shall notify an employee within 1 days of the employer placing in the 
employee's personnel record any information to the extent that the information is, has been 
used or may be used, to negatively affect the employee's qualification for employment, 
promotion, transfer, additional compensation or the possibility that the employee will be 
subject todisciplinary action. An employer receiving a written request from an employee 
shall provide the employee with an opportunity to review such employee's personnel record 
within 5 business days of such request. The review shall take place at the place of 
employment and during normal business hours. An employee shall be given a copy of the 
employee's personnel record within 5 business days of submission of a written request for 
such copy to the employer. An employer shall not be required to allow an employee to 
review the employee ' s personnel record on more than 2 separate occasions in a calendar year; 



1024 



Chap. 240 

provided, however, that the notification and review caused by the placing of negative 
information in the personnel record shall not be deemed to be 1 of the 2 annually permitted 
reviews. 

SECTION 149. Section 1H of chapter 164 of the General Laws, as so appearing, is 
hereby amended by striking out the definition of the word 'department' and inserting in place 
thereof the following definition:- 

' Department', the department of public utilities. 

SECTION 150. Section 14 of chapter 167 of the General Laws, as so appearing, is 
hereby amended by striking out, in line 22, the words 'and 30' and inserting in place thereof 
the following words:- , 30 and 30A. 

SECTION 151. Said section 2 of said chapter 167F, as so appearing, is hereby 
amended by inserting after paragraph 30 the following paragraph: — 

30 A. To participate in the activities of the Massachusetts Growth Capital 
Corporation created under chapter 40W by making capital available to the corporation by 
making an investment or deposit in or grant to said corporation, an affiliate or subsidiary of 
said corporation or any fund managed by said corporation. 

SECTION 152. The first paragraph of section 168 of chapter 175 of the General 
Laws, as so appearing, is hereby amended by inserting after the sixth sentence the following 
sentence :- 

Any insurance policy procured under this section shall contain the following 
disclosure notice to the policyholder: This policy is insured by a company which is not 
admitted to transact insurance in the commonwealth, is not supervised by the commissioner 
of insurance and, in the event of an insolvency of such company, a loss shall not be paid by 
the Massachusetts Insurers Insolvency Fund under chapter 175D. The commissioner may 
by regulation amend the foregoing disclosure notice. 

SECTION 153. Said section 168 of said chapter 175, as so appearing, is hereby 
further amended by striking out, in line 61, the word 'or'. 

SECTION 154. Said section 168 of said chapter 175, as so appearing, is hereby 
further amended by inserting after the figure '20A,', in line 65, the following words:- ; or (c) 
such company is an eligible alien unauthorized insurer, as defined in section 168 A. 

SECTION 155. Said chapter 175 is hereby further amended by inserting after 
section 168 the following section:- 

Section 168 A. (a) As used in this section "eligible alien unauthorized insurer" shall 
mean a company formed under the laws of any government or state other than the United 
States or 1 of its states or its territories that has filed an application with the commissioner 
under clause (4) of subsection (c), which application has been approved by the 
commissioner. 

(b) Notwithstanding any general or specific law to the contrary, a special broker 
licensed by the commissioner pursuant to section 168 of this chapter may procure insurance 
from any company formed under the laws of any government or state other than the United 



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Chap. 240 

States or one of its states or its territories that is not authorized to transact business in the 
commonwealth if: 

(1) such company has been determined by the commissioner to be an eligible alien 
unauthorized insurer pursuant to clause (4) of subsection (c); 

(2) the special broker has executed and filed an affidavit with the commissioner 
within 20 days after procuring such insurance stating that the full amount or type of insurance 
cannot be obtained from among companies admitted to transact insurance in the 
commonwealth after a diligent effort has been made to do so and that the amount of 
insurance procured in such company is only the excess over the amount so procurable from 
admitted companies; 

(3) the procured policy contains the disclosure notice required by section 168; and 

(4) all other requirements of this section and section 1 68 that are not inconsistent with 
this subsection have been met. 

Insurance procured under this section shall be valid and enforceable as to all parties. 

Nothing in this section shall be deemed to amend or modify any of the provisions of, 
or any of the exemptions specified in, section 168 that are inconsistent with this section. 

(c) No company shall be determined to be an eligible alien unauthorized insurer 
unless it: 

(1) has provided satisfactory evidence to the commissioner of its good reputation and 
financial integrity; 

(2) has capital and surplus or its equivalent under the laws of its domiciliary 
jurisdiction in an amount not less than $20,000,000; 

(3) has in force a United States trust fund of not less than the greater of: 
(i) $5,400,000; or 

(ii) a percentage of its United States surplus lines gross liabilities arising from 
business written on or after January 1, 1998, excluding aviation, wet marine, transportation 
insurance and direct procurement placements, such percentage to equal to the percentage and 
subject to any cap employed by the International Insurers Department of the National 
Association of Insurance Commissioners, as of December 3 1 next preceding the date of 
determination, where: (A) the liabilities are maintained in an irrevocable trust account in the 
United States in a qualified financial institution, on behalf of United States policyholders 
consisting of cash, securities, letters of credit or other investments of substantially the same 
character and quality as those which are eligible investments under this chapter for the capital 
and statutory reserves of admitted insurers to write like kinds of insurance in the 
commonwealth; provided, however, that the trust fund, which shall be included in any 
calculation of capital and surplus or its equivalent, shall satisfy the requirements of the 
Standard Form Trust Agreement required for listing with the International Insurers 
Department of the National Association of Insurance Commissioners; (B) the company may 
request approval from the commissioner to use the trust fund to pay valid surplus lines 
claims; provided, however, that the balance of the trust fund shall never be less than the 
minimum amount required by this subsection; and (C) in calculating the trust fund amount 



1026 



Chap. 240 

required by this subsection, credit shall be given for surplus lines deposits separately required 
and maintained for a particular state or territory of the United States, not to exceed the 
amount of the company's loss and loss adjustment reserves in that particular state or territory; 
and 

(4) has submitted to the commissioner an application evidencing the company's 
compliance with the requirements of this section that has been approved by the 
commissioner. 

(d) The application required by clause (4) of subsection (c) shall be on forms issued 
or approved by the commissioner and shall include the following information regarding the 
alien unauthorized insurer applicant: 

(1) evidence that the unauthorized alien insurer has been listed by the International 
Insurers Department of the National Association of Insurance Commissioners; 

(2) a certified audited financial statement of the eligible alien unauthorized insurer 
reflecting information as of a date not more than 12 months prior to the submission of the 
application evidencing compliance with the capital and surplus requirements of clause (2) 
of subsection (c) and an actuarial opinion as to the adequacy of and methodology used to 
determine the insurer's loss reserves; 

(3) a copy, certified by the trustee, of the United States trust agreement required by 
clause (3) of subsection (c) prepared in accordance with the National Association of 
Insurance Commissioner's Standard Form Trust Agreement for Alien Excess or Surplus 
Lines Insurers; 

(4) a copy, certified by the trustee, of the most recent quarterly statement of account 
or list of assets in the trust account required by clause (3) of subsection (c) evidencing that 
the alien unauthorized insurer has in force, as of the end of the most recent quarter, assets in 
the amounts required by said clause (3) of said subsection (c); 

(5) a certified copy of the eligible alien unauthorized insurer's current license or 
certificate of authority issued by its domiciliary jurisdiction indicating that the company is 
authorized to insure the types of risks in its domiciliary jurisdiction that it proposes to insure 
in the commonwealth; 

(6) a certificate of good standing or substantially similar documentation issued by the 
eligible alien unauthorized insurer's domiciliary jurisdiction; 

(7) biographical affidavits, on forms promulgated by the National Association of 
Insurance Commissioners or approved by the commissioner for all executive officers, 
directors and senior management personnel of the eligible alien unauthorized insurer, 
prepared not more that 1 2 months prior to the submission date of the application required by 
clause (4) of subsection (c); and 

(8) such additional information as the commissioner may require in order to 
determine that the eligible alien unauthorized insurer complies with the requirements of this 
section. 

(e) The commissioner may refuse to approve an application under this section if the 



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Chap. 240 

commissioner determines that such refusal will be in the public interest. In reviewing an 
application, the commissioner may consider: 

(1) the length of time the insurer has been authorized in its domiciliary jurisdiction 
and elsewhere; 

(2) the unavailability of the particular coverages from authorized insurers or 
unauthorized insurers meeting the requirements of this section and section 168; < 

(3) the size of the company as measured by its assets, capital and surplus, reserves, 
premium writings, insurance in force or other appropriate criteria; 

(4) the kinds of business the company writes, its net exposure and the extent to which 
the company's business is diversified among several lines of insurance and geographic 
locations; and 

(5) the past and projected trend in the size of the company's capital and surplus 
considering such factors as premium growth, operating history, loss and expense ratios or 
other appropriate criteria 

(f) The commissioner may revoke a company's status as an eligible alien unauthorized 
insurer in accordance with the terms and conditions of section 5 the commissioner has 
determined that the insurer: 

(1) is in unsound financial condition or has acted in an untrustworthy manner; 

(2) no longer meets the standards in subsection (c); 

(3) has willfully violated the laws of the commonwealth; or 

(4) does not conduct a proper claims practice. 

SECTION 156. Section 21 of chapter 218 of the General Laws, as so appearing, is 
hereby amended by striking out, lines 6 and 35, the following words, 'two thousand dollars' 
and inserting in place thereof, in each instance, the following figure:- $7,000. 

SECTION 157. Section 22 of said chapter 2 1 8, as so appearing, is hereby amended 
by adding the following paragraph:- 

The procedure shall include the beginning of actions with an entry fee of $30 for 
claims of $500 or less, $40 for claims of greater than $500 but less than or equal to $2000, 
$90 for claims of greater than $2000 but less than or equal to $5000, and $140 for claims 
greater than $5000, plus the surcharge required by section four C of chapter two hundred and 
sixty-two, but without summons and complaint and without requirement, except by special 
order of court, of any pleading other than a concise written statement of the claim. 

SECTION 158. Chapter 465 of the acts of 1 956 is hereby amended by inserting after 
section 21 the following section:- 

Section 2 1 A. The authority shall be subject to section 1 6G of chapter 6A and section 
56 of chapter 23 A of the General Laws. 

SECTION 159. The fourth paragraph of section 15 of chapter 701 of the acts of 
1960, as most recently amended by chapter 167 of the acts of 1990, is hereby amended by 
striking out, in line 4, the word 'ten' and inserting in place thereof the figure:- 25. 

SECTION 160. Section 3 of chapter 614 of the acts of 1968 is hereby amended by 
inserting before the definition of 'Authority', the following definition:- 



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Chap. 240 

'Agency', the Massachusetts Development Finance Agency established by chapter 
23 G, as amended. 

SECTION 161. Subsection (a) of section 4 of chapter 614 of the acts of 1968, as 
amended by section 6 of chapter 454 of the acts 1 969,, is hereby further amended by striking 
out the fourth, fifth, sixth, seventh and eighth sentences and inserting in place thereof the 
following sentence:- Said authority shall be governed by the board of the Massachusetts 
Development Finance Agency as established by section 2 of chapter 23 G and the board 
members of the agency shall serve as trustees for any existing authority trust. 

SECTION 162. Section 4 of said chapter 6 1 4 of the acts of 1 968 is hereby repealed. 

SECTION 163. Subsection (b) of said section 4 of saud chapter of chapter 614 of 
the acts of 1968, as amended is hereby further amended by adding the following sentence: 
The executive director, assistant executive director, and any other employees of the Authority 
who act as trustees for any trust established under the authority granted by this chapter shall 
not approve matters in their capacity as trustees without first receiving approval from the 
board. 

SECTION 164. Chapter 1 90 of the acts of 1 982 is hereby amended by inserting after 
section 40 the following section :- 

Section 40 A. The Authority shall be subject to section 1 6G of chapter 6 A and section 
56 of chapter 23 A of the General Laws. 

SECTION 165. Section 6 of chapter 528 of the acts of 1990, as amended by section 
of chapter 131 of the acts of 2010, is hereby further amended by striking out the words 
'August 1,2010' and inserting in place thereof the following 'September 30, 2010.' 

SECTION 166. Section 64 of chapter 365 of the acts of 1996, as amended by 
chapter 352 of the acts of 2004, is hereby amended by adding the following sentence:- 

The corporation shall be subject to section 16G of chapter 6 A and section 56 of 
chapter 23 A of the General Laws. 

SECTION 167. Notwithstanding any general or special law to the contrary, within 
4 years of the effective date of this act, each agency shall review the agency's rules and 
regulations currently existing to determine whether such rules and regulations should be 
continued without change or should be amended or rescinded to minimize economic impact 
of those rules and regulations on small businesses in a manner consistent with the stated 
objective of applicable statutes. If the head of the agency determines that completion of the 
review of existing rules is not feasible by the established date the agency shall publish a 
statement certifying that determination. The agency may extend the completion date by 1 
year at a time for a total of not more than 5 years. 

SECTION 168. The state secretary shall immediately notify all agencies required 
to file rules or regulations under section 5 of chapter 30A of the General Laws of the new 
requirements regarding small business impact statements. 

SECTION 169. Notwithstanding any other general or special law to the contrary a 



1029 



Chap. 240 

stock purchase agreement between the commonwealth and Community Development 
Finance Corporation in existence on the effective date of this act which contains outstanding 
obligations on the part of the commonwealth and which has been pledged as security for the 
payment of debt obligations issued by the Community Development Finance Corporation 
which are also outstanding on the effective date of this act shall continue to constitute a 
general obligation of the commonwealth for which the faith and credit of the commonwealth 
remains pledged for the benefit of the Community Development Finance Corporation and 
of the holders of said debt obligations of the Community Development Finance Corporation 
until the terms of said debt obligations are satisfied. 

SECTION 170. The secretary of housing and economic development, in 
consultation with the economic assistance coordinating council, shall promulgate regulations 
that reflect the changes implemented in section 74A of this act. 

SECTION 171. Notwithstanding any other general or special law to the contrary, 
the pension reserves investment management board established under section 23 of chapter 
32 of the General Laws shall review its investment portfolio and to the extent it is reasonably 
possible it shall invest not less than $25,000,000 and not more than $50,000,000 in banks or 
financial institutions which make capital available to small businesses under the guidelines 
of subdivision (7) of section 23 of chapter 32 of the General Laws and shall make such 
investment a priority of the portfolio as long as such investment is consistent with sound 
investment policy. 

SECTION 172. To meet the expenditures necessary in carrying out section 2B, the 
state treasurer shall, upon request of the governor, issue and sell bonds of the commonwealth 
in an amount to be specified by the governor from time to time but not exceeding, in the 
aggregate, $75,000,000. All such bonds issued by the commonwealth shall be designated 
on their face, Job Creation by Small Business Act of 2010, and shall be issued for a 
maximum term of years, not exceeding 30 years, as the governor may recommend to the 
general court under section 3 of Article LXII of the Amendments to the Constitution. The 
bonds shall be payable not later than June 30, 2045. All interest and payments on account 
of principal on these obligations shall be payable from the General Fund. Bonds and interest 
thereon issued under this section shall, notwithstanding any other provisions of this act, be 
general obligations of the commonwealth. 

SECTION 173. Notwithstanding any general or special law to the contrary, certain 
regulatory approvals are hereby extended as provided in this section. 

(a) For purposes of this section, the following words shall, unless the context clearly 
requires otherwise, have the following meanings: 

'Approval' except as otherwise provided in subsection (b), any permit, certificate, 
order, excluding enforcement orders, license, certification, determination, exemption, 
variance, waiver, building permit, or other approval or determination of rights from any 
municipal, regional or state governmental entity, including any agency, department, 
commission, or other instrumentality of the municipal, regional or state governmental entity, 



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Chap. 240 

concerning the use or development of real property, including certificates, licenses, 
certifications, determinations, exemptions, variances, waivers, building permits, or other 
approvals or determination of rights issued or made under chapter 2 1 , chapter 2 1 A excepting 
section 16, chapter 2 ID, sections 61 to 62H, inclusive, of chapter 30, chapters 30 A, 40, 40 A 
to 40C, inclusive, 40R, 41, 43D, section 21 of chapter 81, chapter 91, chapter 131, chapter 
131 A, chapter 143, sections 4 and 5 of chapter 249, or chapter 258, of the General Laws or 
chapter 665 of the acts of 1956, or any local by-law or ordinance. 

'Development', division of a parcel of land into 2 or more parcels, the construction, 
reconstruction, conversion, structural alteration, relocation or enlargement of a building or 
other structure or facility, or any grading, soil removal or relocation, excavation or landfill 
or any use or change in the use of any building or other structure or land or extension of the 
use of land. 

'Tolling period', the period beginning August 15, 2008, and continuing through 
August 15, 2010. 

(b) (1) Notwithstanding any general or special law to the contrary, an approval in 
effect or existence during the tolling period shall be extended for a period of 2 years, in 
addition to the lawful term of the approval. 

(2) Nothing in this section shall be deemed to extend or purport to extend: 

(i) a permit or approval issued by the government of the United States or an agency 
or instrumentality of the government of the United States or to a permit or approval, of which 
the duration of effect or the date or terms of its expiration are specified or determined by or 
under law or regulation of the federal government or any of its agencies or instrumentalities; 

(ii) a comprehensive permit issued by a board of appeals under sections 20 to 23, 
inclusive, of chapter 40B of the General Laws; or; 

(iii) a permit, license, privilege or approval issued by the division of fisheries and 
wildlife under chapter 131 for hunting, fishing or aquaculture. 

(3) Nothing in this section shall affect the ability of a municipal, regional or state 
governmental entity, including an agency, department, commission or other instrumentality 
of a municipal, regional or state governmental entity to revoke or modify a specific permit 
or approval or extension of a specific permit or approval under this section, when that 
specific permit or approval or the law or regulation under which the permit or approval was 
issued contains language authorizing the modification or revocation of the permit or 
approval. 

(4) In the event that an approval tolled under this section is based upon the connection 
to a sanitary sewer system, the approval's extension shall be contingent upon the availability 
of sufficient capacity, on the part of the treatment facility, to accommodate the development 
whose approval has been extended. If sufficient capacity is not available, those permit 
holders whose approvals have been extended shall have priority with regard to the further 
allocation of gallonage over those approval holders who have not received approval of a 
hookup prior to the effective date of this section. Priority regarding the distribution of further 
gallonage to a permit holder who has received the extension of an approval under this section 



1031 



Chap. 240 

shall be allocated in order of the granting of the original approval of the connection. 

(5) In the case when an owner or petitioner sells or otherwise transfers a property or 
project, in order for an approval to receive an extension, all commitments made by the 
original owner or petitioner under the terms of the permit must be upheld by the new owner 
or petitioner. If the new owner or petitioner does not meet or abide by those commitments 
then the approval shall not be extended under this section. 

(6) Nothing in this section shall be construed or implemented in such a way as to 
modify a requirement of law that is necessary to retain federal delegation to, or assumption 
by, the commonwealth of the authority to implement a federal law or program. 

SECTION 174. Notwithstanding any general or special law to the contrary, for the 
days of August 14, 2010 and August 15, 2010, an excise shall not be imposed upon 
nonbusiness sales at retail of tangible personal property, as defined in section 1 of chapter 
64H of the General Laws. For the purposes of this act, tangible personal property shall not 
include telecommunications, tobacco products subject to the excise imposed by chapter 64C 
of the General Laws, gas, steam, electricity, motor vehicles, motorboats, meals or a single 
item the price of which is in excess of $2,500. 

SECTION 175. Notwithstanding any general or special law to the contrary, for the 
days of August 14, 2010 and August 15, 2010, a vendor shall not add to the sales price or 
collect from a nonbusiness purchaser an excise upon sales at retail of tangible personal 
property, as defined in section 1 of chapter 64H of the General Laws. The commissioner of 
revenue shall not require a vendor to collect and pay excise upon sales at retail of tangible 
personal property purchased on August 14, 2010 and August 15, 2010. An excise 
erroneously or improperly collected during the days of August 14, 2010 and August 15, 
2010, shall be remitted to the department of revenue. This section shall not apply to the sale 
of telecommunications, tobacco products subject to the excise imposed by chapter 64C of 
the General Laws, gas, steam, electricity, motor vehicles, motorboats, meals or a single item 
the price of which is in excess of $2,500. 

SECTION 176. Reporting requirements imposed upon vendors of tangible personal 
property, by law or by regulation, including, but not limited to, the requirements for filing 
returns required by chapter 62C of the General Laws, shall remain in effect for sales for the 
days of August 14, 2010, and August 15, 2010. 

SECTION 177. On or before December 3 1 , 20 1 0, the commissioner of revenue shall 
certify to the comptroller the amount of sales tax forgone, as well as new revenue raised from 
personal and corporate income taxes and other sources, pursuant to this act. The 
commissioner shall file a report with the joint committee on revenue and the house and 
senate committees on ways and means detailing by fund the amounts under general and 
special laws governing the distribution of revenues under chapter 64H of the General Laws 
which would have been deposited in each fund, without this act. 

SECTION 178. The commissioner of revenue shall issue instructions or forms or 
promulgate rules or regulations, necessary for the implementation of this act. 



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Chap. 240 

SECTION 179. Eligible sales at retail of tangible personal property under sections 
1 75 and 1 76 are restricted to those transactions occurring on August 1 4, 20 1 and August 1 5, 
2010. Transfer of possession of or payment in full for the property shall occur on 1 of those 
days, and prior sales or layaway sales shall be ineligible. 

SECTION 180. (a) There shall be a commission to study the feasibility of 
establishing a bank owned by the commonwealth or by a public authority constituted by the 
commonwealth. 

(b) The commission shall consist of the secretary for administration and finance and 
the secretary of housing and economic development or their respective designees, who shall 
serve as co-chairs of the commission; the state treasurer or the treasurer's designee; the state 
comptroller or the comptroller's designee; 2 persons to be appointed by the president of the 
senate, 1 of whom shall be a member of the senate; 1 person to be appointed by the minority 
leader of the senate; 2 persons to be appointed by the speaker of the house of representatives; 
1 of whom shall be a member of the house of representatives; 1 person to be appointed by 
the minority leader of the house; the executive directors of the Massachusetts Development 
Financing Agency and the Massachusetts Housing Finance Agency or their designees; 
president of the Massachusetts Growth Capital Corporation or the president's designee; and 
8 persons to be appointed by the governor who shall not be employees of the executive 
branch, 3 of whom shall be drawn from a list of 5 names submitted by the Massachusetts 
Bankers Association, at least 1 of whom shall be a representative of a community bank 
operating in the commonwealth, 1 of whom shall be drawn from a list of 3 names submitted 
by the Associated Industries of Massachusetts, 1 of whom shall be drawn from a list of 3 
names submitted by the Small Business Association of New England and 1 of whom shall 
be a professor at an institution of higher education in the commonwealth who has researched 
and published articles on banking. Of the governor's remaining appointments, not more than 
1 may be a representative of a financial services firm located in the commonwealth. The 
governor shall ensure geographic diversity in the governor's appointments to the 
commission. The members of the commission shall be appointed not later 90 days after the 
effective date of this act. 

(c) The commission shall examine the technical, legal and financial feasibility of 
establishing a commonwealth-owned bank, including but not limited to a 
commonwealth-owned bank for infrastructure investment purposes. The commission shall 
seek participation in its deliberations from the president of the Federal Reserve Bank of 
Boston or the president's designee. The commission shall evaluate the experiences of other 
states with state-owned banks, identifying the financial performance of such banks and 
evaluating the lending practices of such banks to show whether such banks successfully fill 
lending gaps not filled by the private sector. The commission shall also evaluate the manner 
in which public funds are invested or deposited by the commonwealth and its political 
subdivisions including funds managed by the state treasurer; the Massachusetts Municipal 
Depository Trust and state and local pension funds. The commission shall examine the 
infrastructure investment activities conducted by other states with state-owned banks. The 



1033 



Chap. 240 

commission shall also examine the lending practices, including lending to support 
infrastructure, of the existing public agencies in the commonwealth that perform lending 
services. The Massachusetts development finance agency, Massachusetts Housing Finance 
Agency, Health and Educational Facilities Authority, Massachusetts Growth Capital 
Corporation and any other public authority in the commonwealth that lends money shall 
cooperate fully with the commission and shall supply information reasonably required by the 
commission to carry out its charge. 

(d) The commission shall hold at least 3 public hearings in distinct geographic 
regions of the commonwealth. 

(e) The commission shall publish its findings and recommendations, together with 
drafts of legislation, if any, necessary to carry those recommendations into effect, in a written 
report not later than 1 year after the effective date of this act. The report shall be published 
on the official website of the commonwealth, and shall be contemporaneously filed with the 
house and senate committees on ways and means and the house and senate chairs of the joint 
committee on financial services. 

SECTION 181. There shall be a commission to develop an index of creative and 
innovative education in the public schools. The commission shall consist of the 
commissioner of elementary and secondary education, the secretary of housing and economic 
development, the secretary of labor and workforce development, or their designees, the 
executive director of the Massachusetts cultural council, 3 members to be appointed by the 
senate who shall reside in different geographic regions, 3 members to be appointed by the 
house who shall reside in different geographic regions and 5 persons to be appointed by the 
governor who shall reside in different geographic regions, 1 of whom shall be a 
representative of the Massachusetts Advocates for the Arts, Sciences and Humanities, 1 of 
whom shall be a representative of the Associated Industries of Massachusetts and 1 of whom 
shall be a representative of the Massachusetts Business Roundtable. Each of the members 
shall be an expert or have experience in the fields of education, public policy, artistic 
development, workforce development or cultural development. The members of the 
commission shall be appointed no later than 30 days after the effective date of this act. 

In the course of its deliberations, the commission shall develop recommendations on 
how to produce and implement an index of creative and innovative education in the public 
schools, what funding or finance measures the commonwealth would need to implement that 
index and any recommendations for interagency agreements, intermunicipal agreements or 
other cooperative agreements that would be required to foster creative and innovative 
education programs in the public schools. The index shall rate every public school on 
teaching, encouraging and fostering creativity in students. The index shall be based in part 
on the creative opportunities in each school as measured by the availability of classes and 
before-school and after-school programs offered by and through school districts that provide 
creative opportunities for students including, but not limited to, arts education, debate clubs, 
science fairs, theatre performances, concerts, filmmaking and independent research. 



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Chap. 240 

The commission shall measure and encourage skill building in increasingly critical 
areas to employers such as creativity, creative thinking skills, innovation and teamwork. The 
commission may hold public hearings to assist in the collection and evaluation of data and 
testimony. The commission shall complete a written report detailing any factors to be 
considered in the index and any financial measures that would be necessary for 
implementation. The commission shall submit a report to the governor, the clerks of the 
senate and house of representatives, the joint committee on tourism, arts and cultural 
development and the joint committee on education not later than December 3 1 , 2010. 

Any research, analysis or other staff support that the commission reasonably requires 
shall be provided by the department of elementary and secondary education, the executive 
office of housing and economic development and the executive office of labor and workforce 
development, in cooperation with the Massachusetts cultural council. 

SECTION 182. There shall be a commission to study on alternative, dependable 
sources for funding tourist visitor centers in order to improve tourism throughout the 
commonwealth. 

The commission shall be chaired jointly by the executive director of travel and 
tourism or the executive director's designee and the executive director of business 
development or the executive director's designee. The commission shall also include the 
house and the senate chairs of the joint committee on tourism, arts and cultural development 
or their designees, 1 representative from the Massachusetts Visitor Industry Council, and 5 
additional members to be appointed by the governor who shall be from geographically 
diverse areas and each of whom is a representatives of a regional tourism council, including 
the Berkshire Hills Visitors Bureau, the Southeastern Massachusetts Convention and Visitors 
Bureau, the Cape Cod Chamber of Commerce, the Franklin County Chamber of Commerce, 
the Greater Boston Convention and Visitors Bureau, the Worcester County Convention and 
Visitors Bureau, the Martha's Vineyard Chamber of Commerce, the Greater Merrimack 
Valley Convention and Visitors Bureau, the Mohawk Trail Association, the North of Boston 
Convention and Visitors Bureau, the Greater Springfield Convention and Visitors Bureau, 
the Plymouth County Development Council, Inc., the Metro West Tourism and Visitor's 
Bureau, the Johnny Appleseed Trail Association, Inc., the Hampshire County Tourism and 
Visitor's Bureau, and the Nantucket Island Chamber of Commerce. 

The study shall include but not be limited to effects of funding cuts on staffing and 
services, as well exploring alternative, dependable sources to fund tourist centers. The 
commission shall report the results of the study to the office of travel and tourism, the office 
of business development, the joint committee on tourism, arts and cultural development, and 
the house and senate committees on ways and means no later than December 3 1, 2010. 

SECTION 183. Notwithstanding any other general or special law to the contrary. 
The Executive Office of Labor and Workforce Development shall partner with the 
Department of Higher Education and the Department of Veteran Services to study and report 
back its finding on the feasibility of creating a program to give returning veterans opportun- 



1035 



Chap. 240 

ities to attend community colleges and technological trade programs within the 
Commonwealth that will assist veterans with already acquired technical skills from military 
service and assist them in transitioning those skills into a civilian workforce setting. The 
findings of said report are due by December 31, 2010. 

SECTION 184. The Massachusetts Growth Capital Corporation established 
pursuant to chapter 40W shall examine the Massachusetts opportunity rebuilding and 
expansion infrastructure program as filed in the 2009-2010 legislative session and make 
legislative recommendations for filing and action on the implementation of said program to 
the clerks of the house of representatives and senate before July 31, 201 1. 

SECTION 185. Notwithstanding any general or special law to the contrary, the 
executive office of housing and economic development, in consultation with the executive 
office of energy and environmental affairs, shall conduct a study on the costs and benefits 
of recent electricity market reforms. The study shall include, but not be limited to: 

(i) an analysis of the economic and reliability implications of implementing 
administrative, regulatory and legislative mandates as they pertain to electricity; 

(ii) the extent to which these mandates impact the rates paid by residential, 
commercial and industrial customers in the commonwealth and contribute to the bill savings 
realized by these customers; and 

(iii) the extent to which these mandates contribute to economic development in the 
state. 

The study shall be completed with stakeholder input, including representatives from 
various sectors of the commonwealth's economy. The study shall be completed and 
submitted to the joint committee on telecommunications, utilities and energy and the joint 
committee on economic development and emerging technologies no later than December 3 1 , 
2010. 

SECTION 186. Notwithstanding any general or special law to the contrary, the 
Massachusetts Development Finance Agency shall establish fees under clause (16) of section 
3 of chapter 23G of the General laws for fiscal years 20 1 1 , 20 1 2 and 2013 that are no higher 
than the fees charged by that agency or the Massachusetts Health and Educational Facilities 
Authority in fiscal year 2010. For those 3 fiscal years, the requirement to hold a public 
hearing in said clause (16) of said section 3 shall be suspended. The Massachusetts 
Development Finance Agency shall use all reasonable efforts to ensure that any additional 
revenue realized in those 3 fiscal years resulting from changes in chapter 23 G in this act shall 
be used by the agency to expand the availability of the agency's programs. 

SECTION 187. Notwithstanding any general or special law to the contrary, the term 
the 'Massachusetts Health and Educational Facilities Authority' or 'HEF A', wherever either 
appears in a general or special law, except as they appear in this act, shall mean the 
'Massachusetts Development Finance Agency'; provided, however, that such change of 
reference shall not restrict or limit in any manner the exercise by the Massachusetts 
Development Finance Agency of its rights, powers, duties or purposes, or to its ownership 



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Chap. 240 

and holding of properties and assets under chapter 23 G or any other provision of law 
applicable to the Massachusetts Development Finance Agency, including without limitation 
the power of the Massachusetts Development Finance Agency to issue bonds under said 
chapter 23 G or under any such other provision. 

SECTION 188. (a) On October 1 , 201 0, the Massachusetts Health and Educational 
Facilities Authority, as established by section 4 of chapter 614 of the acts of 1968, shall be 
dissolved, without any further action, and the rights, powers and duties, and properties of the 
Authority shall on and after such date be exercised, performed, owned and held by the 
Massachusetts Development Finance Agency as established by chapter 23 G, as amended. 
All real estate, property rights, personal property, funds, moneys, revenues, receipts, contract 
rights, trust agreements, any rights or interests of the Authority in any trusts or trust property, 
or other intangible assets, equipment or other ownership, possessory, or security interests or 
mortgages of any kind whatsoever, or any portion thereof held by the Authority, including, 
without limitation, funds previously appropriated by the commonwealth for the Authority, 
shall be deemed for record notice and otherwise, as applicable, to belong to the Agency on 
the same basis and with the same interest as previously held by the Authority, as applicable. 
Any and all obligations and liabilities of said Authority shall become obligations and 
liabilities of the Agency. Any resolution taken by or commitment made by the Authority 
with respect to any financing, including loans, bond issuances, guarantees and insurance and 
any other action made by the Authority shall become resolutions of the Agency. 

(b) All duly existing contracts, leases, trusts, or obligations of the Authority that are 
in force immediately before the effective date of the dissolution of the Authority shall be 
deemed to be the obligations of the Agency. No existing right or remedy under this section 
shall be lost, impaired or affected by this act. The Agency shall have authority to exercise 
all rights and enjoy all interests conferred upon the Authority by the contracts, leases or 
obligations. In the case of collective bargaining agreements, any obligations under the 
agreements shall expire on the stated date of expiration of such agreements. 

(c) The transfer of the assets, liabilities, obligations and debt of the Authority to the 
Agency under this act shall be effective upon dissolution of the Authority and shall bind all 
persons with or without notice and without any further action or documentation. Without 
derogating from the foregoing, the Agency may, from time to time, execute and record and 
file for registration with any registry of deeds or the land court or with the secretary of the 
commonwealth, as appropriate, a certificate confirming the Agency's ownership of any 
interest in real or personal property formerly held by the Authority and transferred pursuant 
to the provisions of this act and establishing and confirming the limits of property so 
transferred. 

(d) This act shall not limit or impair the rights, remedies, or defenses of the 
commonwealth, the Agency, or the Authority in or to any action or proceeding, including, 
without limitation, any brought under chapter 258 of the General Laws. Actions and 
proceedings against or on behalf of the Authority shall continue unabated and, from and after 
the date of dissolution of the Authority, may be completed against or by the Agency. 



1037 



Chap. 240 

(e) Notwithstanding the foregoing, no existing rights of the holders of the bonds 
issued by the Authority shall be impaired, and the Agency as successor in interest to the 
Authority shall maintain the covenants of the trust indentures pertaining to such bonds so 
long as such bonds shall remain outstanding. 

(f) All orders, rules and regulations duly made and all approvals duly granted by the 
Authority, which are in force immediately before the effective date of this act, shall continue 
in force and the provisions thereof shall thereafter be enforced, until superseded, revised, 
rescinded or canceled, in accordance with law, by the Agency. 

(g) All books, papers, records, documents, equipment, buildings, facilities, cash and 
other property and assets, both personal and real, including all such property and assets held 
in trust, which on October first, two thousand and ten are in the custody of the Authority 
shall be transferred to the Agency. 

SECTION 189. Notwithstanding any general or special law to the contrary, as of the 
effective date of this act, the Massachusetts Development Finance Agency shall develop and 
implement a transfer plan, subject to the approval of the secretary of administration and 
finance, providing for the orderly transfer of personnel, all assets, liabilities, obligations, 
debts listed, including but not limited to those listed in section 125 of this act, from the 
Authority to the Agency, consistent with the provisions contained in section 125 of this act. 
The transfer shall be complete by October 1, 2010. 

SECTION 190. (a) Notwithstanding any general or special law to the contrary, this 
section shall facilitate the orderly transfer of the employees, proceedings, rules and 
regulations, property and legal obligations of the following functions of state government 
from the transferor agency to the transferee agency, defined as follows: (1) the functions of 
the Massachusetts Sports and Entertainment Commission, as the transferor agency, to the 
Massachusetts marketing partnership, as the transferee agency; (2) the functions of the 
Community Development Finance Corporation and the Economic Stabilization Trust, as 
transferor agencies, to the Massachusetts Growth Capital Corporation, as the transferee 
agency; (3) the functions of the department of business development, as the transferor 
agency, to the Massachusetts office of business development, as the transferee agency; (4) 
the functions of the office of travel and tourism in the department of business development, 
as the transferor agency, to the office of travel and tourism in the Massachusetts marketing 
partnership, as the transferee agency; (5) the functions of the office of international trade and 
investment in the department of business development, as the transferor agency, to the 
Massachusetts international trade office in the Massachusetts marketing partnership, as the 
transferee agency; (6) the functions of the Massachusetts Health and Educational Facilities 
Authority, as transferor agency, to the Massachusetts Development Finance Agency, as the 
transferee agency and (7) the function of the office of small business and entrepreneurship, 
as the transferor agency, to the Massachusetts Office of Business Development, as the 
transferee agency. 

(b) The employees of each transferor agency, including those who immediately before 



1038 



Chap. 240 

the effective date of this act hold permanent appointment in positions classified under 
chapter 3 1 of the General Laws or have tenure in their positions as provided by section 9 A 
of chapter 30 of the General Laws or do not hold such tenure, or hold confidential positions, 
are hereby transferred to the respective transferee agency, without interruption of service, 
without impairment of seniority, retirement or other rights of the employee, and without 
reduction in compensation or salary grade, notwithstanding any change in title or duties 
resulting from such reorganization, and without loss of accrued rights to holidays, sick leave, 
vacation and benefits. The reorganization shall not impair the civil service status of any such 
reassigned employee who immediately before the effective date of this act either holds a 
permanent appointment in a position classified under chapter 3 1 of the General Laws or has 
tenure in a position by reason of section 9 A of chapter 30 of the General Laws. 

Notwithstanding the provisions of any general or special law to the contrary, all such 
employees shall continue to retain their right to collectively bargain under chapter 150E of 
the General Laws and shall be considered employees for the purposes of said chapter 150E. 

Nothing in this section shall be construed to confer upon an employee a right not held 
immediately before the date of said transfer, or to prohibit a reduction of salary grade, 
transfer, reassignment, suspension, discharge, layoff or abolition of position not prohibited 
before such date. 

(c) All petitions, requests, investigations and other proceedings appropriately and 
duly brought before each transferor agency or duly begun by each transferor agency and 
pending before it before the effective date of this act, shall continue unabated and remain in 
force, but shall be assumed and completed by the transferee agency. 

(d) All orders, rules and regulations duly made and all approvals duly granted by each 
transferor agency, which are in force immediately before the effective date of this act, shall 
continue in force and shall thereafter be enforced, until superseded, revised, rescinded or 
canceled, in accordance with law, by the transferee agency. 

(e) All books, papers, records, documents, equipment, buildings, facilities, cash and 
other property, both personal and real, including all such property held in trust, which 
immediately before the effective date of this act are in the custody of each transferor agency 
shall be transferred to the transferee agency. 

(f) All duly existing contracts, leases, assets and obligations of each transferor agency 
shall continue in effect but shall be assumed by the respective transferee agency. No existing 
right or remedy of any character shall be lost, impaired or affected by this act. 

(g) All transfers under this section shall be completed by October 1, 2010. 
SECTION 191. The Massachusetts office of business development shall, within 180 

days of the effective date of this act, publish and release a solicitation for a competitive 
regional economic development bidding process under section 3K of chapter 23 A. The 
solicitation shall seek applications from eligible organizations under said section 3K to act 
as the commonwealth's primary agents for business development in various regions of the 
commonwealth. If MOBD determines through this process that there are no proposals to 
appropriately serve a particular region, then MOBD shall serve as the primary coordinator 



1039 



Chap. 240 

for business development initiatives in that region and reopen the bidding process at its 
discretion. 

The Massachusetts office of business development may implement the bidding 
process as a phased, multi-step process that may include 1 or more of the following prior to 
the issuance of a request for proposals: 

(i) a request for information that would inform the development of a request for 
proposals; 

(ii) call for solutions that would focus on regional approaches to meet the needs of 
specified industry sectors or clusters or locations in the commonwealth; and 

(iii) a request for qualifications that would determine the pool of entities that would 
be eligible to apply for funding. 

The Massachusetts office of business development shall not initiate the bidding 
process under this section until the Massachusetts office of business development 
promulgates the formula for contractual reimbursement required in sections 3J and 3K of 
chapter 23A. 

SECTION 192. Notwithstanding any general or special law to the contrary, the 
Massachusetts Development Finance Agency shall promptly transfer $15,000,000 of the 
Emerging Technology Fund, established pursuant to chapter 141 of the acts of 2003, to the 
Massachusetts Growth Capital Corporation established under chapter 40 W of the General 
Laws. 

SECTION 193. The provisions of section 1 1 1 shall not be deemed severable. If any 
of its provisions shall be held to be invalid or unconstitutional by any court of competent 
jurisdiction, all of the provisions of this section shall be deemed to be void. 

SECTION 194. Sections 65 to 70, inclusive shall only apply to regulations proposed 
after the effective date of this act. 

SECTION 195. Sections 105 and 1 1 shall take effect upon their passage. 

SECTION 196. Sections 48 to 53, inclusive, and sections 55, 1 62 and 1 86 shall take 
effect on October 1,2010. 

SECTION 197. Sections 1 12, 1 15 and 126 shall take effect on January 1, 201 1. 

SECTION 198. Sections 99 to 1 04, inclusive, shall apply only to district created on 
or after the effective date of this act. 

SECTION 199. Section 105 shall apply to qualified substantial rehabilitation 
expenditures incurred on or after its effective date; provided however, that sections 3 and 5 
of chapter 40V of the General Laws shall take effect on January 1, 201 1 . 

SECTION 200. Section 108 shall be effective for tax years beginning on or after 
January 1, 2011. 

SECTION 201. Section 1 1 1 shall be effective for tax years beginning on or after 
January 1, 2011. 

SECTION 202. Sections 136 and 138 shall take effect on December 1, 201 1. 



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Chap. 240 

SECTION 203. Sections 121 and 122 shall be effective for net operating losses and 
loss carry forwards determined or claimed as a deduction in tax years beginning on or after 
January 1,2010. The commissioner or revenue may adopt rules or regulations to address any 
transition issues in implementing this section. 

SECTION 204. Section 125 shall apply to taxable years beginning on or after 
January 1,2009. 

SECTION 205. Section 44 shall be effective on October 1,2010. 

SECTION 206. Except as otherwise provided, this act shall take effect on August 1 , 
2010. 

This bill was returned on August 5, 2010, by the Governor to the Senate, the branch 
in which said bill was originated, with His objections in writing to the following items 
therein: 

Items Disapproved: 

SECTIONS: 134, 135, 136, 137, 138, and 202. 

The remainder of the bill was approved by the Governor on August 5, 2010 at ten o'clock 
and forty-five minutes, A.M. 



Chapter 241. AN ACT AUTHORIZING THE TOWN OF COHASSET TO GRANT 
CERTAIN INTERESTS IN LAND ACQUIRED FOR 
CONSERVATION, OPEN SPACE AND WATER PROTECTION 
PURPOSES. 

Be it enacted, etc., as follows: 

SECTION 1. The town of Cohasset, acting by and through its board of selectmen 
and board of water commissioners, may grant to the Trustees of Reservations or to a 
government body of the commonwealth or a nonprofit organization whose mission is to 
conserve the natural resources, a conservation restriction on, easements over and other lesser 
interests in all or a portion of the parcels listed below and shown on a plan entitled "Brass 
Kettle Brook Conservation Area, Cohasset, Massachusetts" dated September 22, 2008, which 
is on file with the board of water commissioners for conservation, open space and water 
protection purposes. The town, acting by and through its board of selectmen and board of 
water commissioners may grant and reserve to National Grid (USA), Inc. easements for use 
of portions of such parcels for the purposes of maintaining poles, wires, conduits and other 
facilities and improvements necessary for the transmission of electricity and intelligence, as 
shown on a plan entitled "Compiled Plan of Land off King Street, Cohasset, MA" dated 
October 3, 2007, which is on file with the board of water commissioners. 



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Chap. 241 



MAP PARCEL LOCATION 



MAP PARCEL LOCATION 



54 


19 


Off Riverview Drive 


60 


13 


Off King Street 


54 


24 


Off Riverview Drive 


65 


1 


Off King Street 


54 


27 


Off Riverview Drive 


65 


2 


Off King Street 


54 


25 


Off Riverview Drive 


65 


3 


Off King Street 


54 


33 


Off Riverview Drive 


65 


4 


Off King Street 


56 


12 


Off King Street 


65 


5 


Off King Street 


56 


14 


Off Doane Street 


65 


6 


Off King Street 


56 


15 


Off Doane Street 


65 


6B 


Off King Street 


56 


16 


Off Doane Street 


65 


7 


Off King Street 


56 


16A 


Off Doane Street 


65 


8 


Off King Street 


56 


52 


Off Doane Street 


65 


9 


Off King Street 


59 


11 


Off King Street 


65 


10 


Off King Street 


59 


12 


Off King Street 


65 


18 


Off King Street 


59 


13 


Off King Street 


65 


19 


Off King Street 


60 


1 


Off King Street 


65 


19 


Off King Street 


60 


2 


Off King Street 


65 


35 


Off King Street 


60 


3 


Off King Street 


66 


1 


Off King Street 


60 


4 


Off King Street 


66 


2 


Off King Street 


60 


5 


Off King Street 


66 


3 


Off King Street 


60 


6 


Off King Street 


66 


4 


Off King Street 


60 


7 


Off King Street 


66 


5 


Off King Street 


60 


8 


Off King Street 


66 


6 


Off King Street 


60 


9 


Off King Street 


66 


7 


Off King Street 


60 


10 


Off King Street 


72 


1 


Off Howes Lane 


60 


11 


Off King Street 


72 


2 


Off Howes Lane 


60 


12 


Off King Street 


72 


3 


Off Howes Lane 




SECTION 2. This act shall take effect 


upon its 


passage. 





Approved August 5, 2010. 



Chapter 242. AN ACT AUTHORIZING THE TOWN OF WINTHROP AND 

THE WINTHROP HOUSING AUTHORITY TO GRANT 
CERTAIN EASEMENTS FOR UNDERGROUND ELECTRIC 
AND INTELLIGENCE TRANSMISSION AND DISTRIBUTION 
CABLES. 



Be it enacted, etc., as follows: 



1042 



Chap. 242 

SECTION 1. Notwithstanding any general or special law to the contrary, the town 
of Winthrop may grant a permanent subsurface easement to the Massachusetts Electric 
Company for the purpose of installing, maintaining and operating underground transmission 
and distribution cables, through a certain parcel of land located in said town which was 
acquired by the town for park and recreation purposes and subsequently converted to use for 
school and educational purposes, pursuant to chapter 14 of the acts of 1999. The parcel is 
described in a deed dated August 10, 1967, recorded in the Suffolk county registry of deeds 
at book 8139, page 299, as affected by a certain deed of release dated March 30, 1999, 
recorded in the Suffolk registry at book 23931, page 169 and a certain Declaration of 
Covenant, dated May 21, 1999, recorded in said Suffolk county registry of deeds at book 
23931, page 172. The permanent subsurface easement located on land of the town of 
Winthrop shall enter the land of the town of Winthrop from Kennedy road and shall run in 
an easterly direction to land now or formerly of the Winthrop Housing Authority. The 
easement contains an area of approximately 1 ,861 square feet and shall be approximately 20 
feet in width as shown on a plan entitled "PLAN OF EASEMENT, WINTHROP HOUSING 
AUTHORITY, WINTHROP, MASSACHUSETTS", prepared for National Grid, dated 
October, 2009 and prepared by Oak Engineers, Brown's Wharf, Newburyport, MA 01950. 
The full, fair and reasonable consideration for the easement granted under this section shall 
be $25,000. 

SECTION 2. Notwithstanding any general or special law to the contrary, the 
Winthrop Housing Authority may grant a permanent subsurface easement to the 
Massachusetts Electric Company for the purpose of installing, maintaining and operating 
underground transmission and distribution cables, through a certain parcel of land located 
in the town of Winthrop, as described in a deed dated July 11,1 967, recorded in the Suffolk 
registry of deeds at book 8131, page 598 and a deed dated February 22, 1 974, recorded with 
said Suffolk registry of deeds at book 8728, page 735. The permanent subsurface easement 
located on land of the Winthrop Housing Authority shall enter the land of the Winthrop 
Housing Authority from land of the town of Winthrop and shall run in a generally easterly 
direction to land now or formerly of the Faretra Family Trust. The easement contains an area 
of approximately 17,577 square feet and shall be approximately 20 feet in width as shown 
on the plan described in section 1. The full, fair and reasonable consideration for the 
easement granted under this section shall be $250,000. 

SECTION 3. The easement rights to be granted in both subsurface easements 
authorized in sections 1 and 2 are more specifically defined as follows: 

(1) the exclusive, perpetual right and easement to construct, reconstruct, install, repair, 
replace, maintain, operate, use, inspect and patrol for the transmission and distribution of 
high and low voltage electric energy and for the transmission of intelligence, by any means, 
whether now existing or hereafter devised, lines of buried cables or conduits or both or any 
combination of the same, any of which may be installed or constructed at the same or 
different times, together with all ducts, raceways, conductors, terminals, sustaining and pro- 



1043 



Chap. 242 

tective fixtures, underground expansion stabilizers, manholes, hand holes, junction boxes, 
foundations, fittings and all housings, connectors, switches and any other equipment or 
appurtenances reasonably required, collectively hereinafter referred to as the "facilities", 
including, without limitation, such footbridges, causeways and ways of access, if any , as may 
be necessary for the convenient construction, reconstruction, installation, repair, replacement, 
maintenance, operation, use, inspection and patrolling of the facilities; 

(2) the perpetual, exclusive right and easement to renew, replace, remove, add to, 
modify and otherwise change the facilities and any part thereof and all appurtenances thereto 
and the locations thereof within the easement areas, as described in said sections 1 and 2; 

(3) the perpetual right and easement to pass and repass on foot and with vehicles and 
equipment along the easement areas to and from the adjoining lands and to pass and repass 
over other lands of the grantor to and from the easement areas as reasonably required; 

(4) the perpetual right and easement from time to time, without further payment 
therefor, to clear and keep cleared by physical, chemical or other means, the easement areas 
of trees, underbrush and above and below ground buildings, structures or objects; provided, 
however, that the first clearing may be for less than the full width and may be widened from 
time to time to the full width; and 

(5) the perpetual right and easement to pave, excavate, remove soils from, fill or 
change the grade of the easement areas as is reasonable, necessary and proper in the exercise 
of the foregoing rights and easements. 

SECTION 4. The land described in section 1 is subject to a restriction under the 
"Declaration of Covenant" entered into between the town of Winthrop and the United States 
Department of Education dated May 21, 1999, and recorded in the Suffolk county registry 
of deeds in book 23931, page 172 and the grant of the easement by the town of Winthrop 
pursuant to said section 1 is not authorized under said Declaration of Covenant and shall be 
subject to advance written approval by the United States Department of Education. 

SECTION 5. The town of Winthrop and the Winthrop Housing Authority shall 
execute, acknowledge and deliver to the United States Department of Education, or its 
successor, and the Massachusetts Electric Company, its successors and assigns, such further 
deeds or instruments or other documents as may be necessary to effectuate the purposes of 
this act. 

SECTION 6. This act shall take effect upon its passage. 

Approved August 5, 2010. 



Chapter 243. AN ACT ESTABLISHING THE CENTER POND RESTORATION 

AND PROTECTION DISTRICT IN THE TOWN OF BECKET. 

Be it enacted, etc., as follows: 

SECTION 1 . As used in this act, the following words shall, unless the context clearly 



1044 



Chap. 243 

requires otherwise, have the following meanings :- 

"Board of assessors", the board of assessors for the town of Becket. 

"Committee", prudential committee established in this act. 

"District", the Center Pond Restoration and Protection District established in this act. 

"District property", land assessed for real estate taxes by the town of Becket board of 
assessors not owned by the commonwealth or its political bodies which (a) abuts directly on 
the shoreline of the Center Pond or (b) has improved property that does not abut directly on 
the shoreline and has a deeded access to Center Pond. 

"Improved property", land on which there is a dwelling. 

"Proprietors", owners of district property, but not including the commonwealth or its 
political subdivisions. 

SECTION 2. There is hereby established a district within the town of Becket, a body 
politic and corporate to be known as the Center Pond Restoration and Protection District. 
That district shall be generally bounded and comprised of district property that is owned by 
proprietors. 

The district shall have the right to sue and be sued in its own name, and plead and be 
impleaded. The district shall be deemed to be a public employer and its members, officers 
and employees deemed to be public employees as defined in section 1 of chapter 258 of the 
General Laws; provided, however, that neither the district nor any officer or employee 
thereof shall be liable in tort except pursuant to the provisions of said chapter 258; and 
provided, further, that the district may indemnify its officers and employees to the extent 
provided in said chapter 258. 

SECTION 3. The district shall have the following powers:- 

(a) to inspect, investigate, repair, maintain, protect, improve, reconstruct and construct 
the Center Pond Dam subject to the obtaining of necessary approvals from and, as required, 
under the supervision of appropriate local, state and federal governmental agencies, 
departments and offices, including the town of Becket, the department of conservation and 
recreation, the office of dam safety, the department of environmental protection, the 
department offish and game and the division of fisheries or divisions, boards and successors 
thereof; 

(b) to initiate and coordinate research and surveys in order to gather data on the lake, 
related shore lands, watershed and the drainage basin and other matters directly pertaining 
to the reclamation, protection and maintenance of the lake for general recreation use; 

(c) to manage, control and supervise the Center Pond Dam, equipment and facilities 
necessary or appropriate to accomplish the purposes for which the district is formed, 
including, but not limited to, weed control and water level control; provided, that the level 
of Center Pond shall be maintained at an adequate level, as determined by the prudential 
committee, between June 1 and October 15, unless dangerous to do so; provided, further, 
that, the district shall have no authority or right to limit the recreational use of Center Pond 
or land within the district or construct, maintain or repair any roads or other facilities except 
those necessary or advisable for the maintenance, repair, protection and improvement of the 



1045 



Chap. 243 

Center Pond Dam; 

(d) to make and enter into all manner of contracts and agreements necessary or 
incidental to the exercise of any power permitted to the district by this act; 

(e) to adopt an annual budget and to raise, appropriate and expend funds in such 
amount to carry out the purposes for which the district is formed; 

(f) to acquire, by gift, purchase or lease, dispose of, lease and encumber real and 
personal property for the purposes for which the district is formed; 

(g) to construct, acquire by lease or purchase, improve, maintain and operate such 
equipment and facilities and such other equipment, materials, supplies, facilities and services 
as are required to accomplish the purposes of this act, to the same extent and subject to the 
same limitations as shall apply to towns in the commonwealth under the General Laws; 

(h) to apply for, accept and expend financial assistance from the federal government, 
the commonwealth and the town of Becket either directly or jointly with and through the 
town; 

(i) to apply for, receive and expend funds from charitable foundations or other private 
entities and individuals in the form of grants, gifts, loans and advances for or in aid of the 
purposes for which the district is formed; 

(j) to employ and fix the compensation of such persons, including consultant experts 
as may be deemed necessary in the judgment of the committee; 

(k) to borrow at the first or any subsequent meeting of the district for the purpose of 
meeting preliminary or current expenses such sums as may be necessary and to issue 
therefore general obligation temporary notes for a period of not more than 2 years; provided 
that such notes shall be issued only in anticipation of assessments and other revenues of the 
district of the fiscal year in which such notes are issued or in anticipation of money to be 
received from the sale of longer term bonds or notes for such purposes as are otherwise 
permitted in this act; 

(1) to invest any funds not required for the immediate use of the district in such manner 
and to the extent permitted under the General Laws for the investment of such funds by the 
treasurer of the district; 

(m) to procure insurance against any loss or liability which may be sustained or 
incurred in carrying out the purposes of this act in such amount as the committee shall deem 
necessary and appropriate and with 1 or more insurer who shall be licensed to furnish such 
insurance in the commonwealth; 

(n) to acquire by eminent domain the fee or such other interest in real estate as the 
committee shall elect for the purpose of inspecting, investigating, repairing, maintaining, 
protecting, improving, reconstructing and constructing the Center Pond Dam and for 
providing access to and from the Center Pond Dam; and 

(o) to perform generally all acts which are necessary or convenient to implement the 
powers which are expressly or by necessary implication conferred upon the district by this 
act and which are not otherwise prohibited under any provision of the General Laws. 



1046 



Chap. 243 

SECTION 4. (a) Within 60 days of the effective date of this act, the selectmen of the 
town of Becket shall call a meeting of the proprietors of the lands to be included in the 
district. To establish an initial list of proprietors, the selectmen shall consult with the board 
of assessors, who shall furnish to the selectmen a listing of all property owners as of 
January 1 , 2009 who are owners of district property or who, within the reasonable knowledge 
or belief of the assessors, are owners of district property. 

(b) Upon receiving such lists, the selectmen shall prepare and mail to each such 
proprietor a notice, signed by the selectmen, stating a time and place of a meeting to occur 
within said 60 day period, but not less than 14 days from the date of mailing said notice. The 
notice shall be in the form of a warrant specifying the matters upon which action is to be 
taken at the meeting and shall further clearly state that the purpose of the meeting is to 
consider the organization of the district. The selectmen shall, not later than 14 days prior to 
the date of such meeting, cause a copy of the notice to be posted in 1 or more public access 
locations within the town of Becket. The meeting shall be held at a public access building 
in the town of Becket unless some other location within the town shall be agreed upon by a 
majority of the selectmen. 

(c) At the first meeting of the district, 1 selectman from the town of Becket shall 
initially preside and shall call the meeting to order. That selectman shall thereupon 
determine whether a quorum is present. A quorum shall consist of a majority of the 
proprietors being present or represented by proxies duly executed and placed in the hands of 
the other proprietors prior to the first meeting of the district. Lacking a quorum, the 
proprietors shall have no power to act, but the selectmen of the town may, in the manner 
provided in subsection (b), call additional meetings for the same purpose within a further 60 
day period. 

(d) Provided that a quorum has been determined to be present under subsection (c), 
the meeting shall then proceed to the following matters: 

(1) Election of a temporary clerk, who shall be sworn by 1 of the selectmen present, 
and a moderator who shall thereupon preside. 

(2) The taking of a vote to determine whether the district authorized by this act shall 
be established and organized, which vote shall require an affirmative vote of two-thirds of 
the proprietors present or represented by proxy. If such vote shall be in the negative, the 
meeting shall thereupon adjourn. If such vote shall be in the affirmative and upon the 
required majority, the meeting shall next proceed to consider the order of business set forth 
in paragraphs (3) to (7), inclusive. 

(3) The adoption of district by-laws and form of district seal. 

(4) The election by ballot of a district clerk and a district treasurer, who may be the 
same person, and who shall be a proprietor, to hold office until 1 year from the next 
succeeding annual meeting. At each subsequent annual meeting a clerk and treasurer shall 
be elected by ballot for 1 year terms. 

(5) The election by ballot of an initial 3 member prudential committee, with 1 member 



1047 



Chap. 243 

to hold office for 3 years, 1 member to hold office for 2 years and 1 member to hold office 
for 1 year, all from the next succeeding annual meeting. At each annual meeting after the 
first, a member of the committee shall be elected by ballot for 3 years to replace the member 
whose term is expiring. The officers of the district, elected under paragraph (4) and this 
paragraph, shall each hold office until a successor is elected and qualified. Persons eligible 
for nomination and election to the prudential committee shall be at least 1 8 years of age and 
entitled to vote as proprietors. 

(6) The adoption of an initial budget for the remainder of the fiscal year and the 
appropriation of monies to be raised by assessment upon the real property within the district 
held by proprietors. 

(7) The consideration of such other business as shall be consistent with the power and 
authority conferred by this act. 

(e) The district clerk shall retain all proxy votes cast at the initial meeting, together 
with the minutes of the meeting as part of the permanent record of the district. The clerk 
shall further prepare a certificate of the vote taken to organize the district and shall affix 
thereto the form of seal, as adopted by the initial meeting of proprietors and shall obtain the 
endorsement of the selectman who initially presided at the meeting. Such certificate shall 
be forwarded to the attorney general of the commonwealth within 30 days of the adjournment 
of the meeting. 

SECTION 5. (a) At the initial district meeting and at all subsequent annual and 
special district meetings, voting by proprietors shall be governed by the requirements of this 
section. There shall be 1 vote available to be cast for each district property parcel assessed 
for real estate taxes by the board of assessors of the town of Becket as set forth in section 1 
irrespective of whether there is more than 1 owner for such parcel and excluding land owned 
by the commonwealth or its political bodies. 

(b) In the event of more than 1 owner, the proprietors shall designate, in writing, to 
the clerk prior to the commencement of the meeting, the person authorized to vote on behalf 
of those proprietors at such meeting and such person shall be presumed as qualified and 
authorized to present signatories; provided, that each individual of a married couple which 
owns district property shall be presumed to be qualified to vote and no written proxy shall 
be required to be furnished for either individual. 

(c) The authority of a person to cast a proxy vote on behalf of a proprietor shall be 
determined by the clerk. 

(d) All proxies must be tendered, in writing, prior to the commencement of any district 
meeting and shall clearly set forth the name and address of the proprietor entering the proxy, 
the name and address of the person who is to exercise the proxy, the signature of the 
proprietor granting the proxy and the date of execution. 

(e) The proprietors may adopt in the district by-laws an approved form of proxy to 
satisfy the requirements of this section. The duration of a proxy shall be as established by 
district by-law. 



1048 



Chap. 243 

SECTION 6. (a) Unless otherwise provided in the district by-laws, annual meetings 
of the district shall be held on the last Saturday in May or at such other time as the committee 
shall establish. 

(b) Annual or other special meetings of the district shall be called by warrant under 
the hands of the committee, notice of which shall be given at least 14 days before such 
meeting. The warrant shall be mailed first class, postage pre-paid to each proprietor of 
record in the district and a copy of the warrant shall be directed to a constable of the town 
of Becket or to some other person who shall cause a copy of the warrant to be posted in 1 or 
more public place within the town or cause it to be advertised in a newspaper published at 
least weekly within Berkshire county and having a general circulation within the town. 

(c) The warrant for all district meetings shall state the time and place of the meeting 
and the subjects to be acted upon thereat. The committee shall insert in the warrant: 

(1) of the annual meeting all subjects requested of them, in writing, by 10 or more 
proprietors; and 

(2) for each special district meeting all subjects requested of them, in writing, by 20 
or more proprietors. 

(d) The prudential committee shall call a special district meeting at its behest or upon 
request, in writing, of not fewer than 20 proprietors. Special meetings so requested shall be 
held not later than 30 days after the receipt of such request. 

(e) No action taken at the annual or any special district meeting shall be valid unless 
the subject matter thereof shall have been set forth in the warrant for such meeting. Two or 
more district meetings for district purposes may be called for by the same warrant. 

(f) At the initial district meeting and every annual meeting thereafter a moderator shall 
be chosen by ballot for a term of 1 year and shall have similar powers to those of the 
moderator of a town meeting. 

(g) District meetings shall be governed by chapter 39 of the General Laws except as 
otherwise expressly provided in this act. 

(h) The board of assessors of the town of Becket shall, at least 30 days prior to the 
annual district meeting, prepare and forward to the committee a true and complete 
alphabetical listing with addresses of the owners reflected in their records as of January 1 of 
that year and from the records maintained by the assessors pursuant to chapter 59 of the 
General Laws and other related provisions. A copy of such list shall be maintained in a 
manner accessible to the owners and the general public at all reasonable times by the 
committee and the district clerk and shall further be available for inspection at the annual 
meeting and any special meeting of the district. The board of assessors shall likewise 
maintain a list of owners by separate list or special designation on their list of all assessed 
parcels. 

(i) Quorum requirements for annual meetings and special meetings of the district shall 
be the same as those specified for the initial district meeting under subsection (c) of section 
4 or otherwise as the committee shall determine in its by-laws, provided always that the 
quorum requirements for any meeting at which there may be a vote to amend the district's 



1049 



Chap. 243 

by-laws shall be no less than 50 per cent of the eligible and qualified proprietors in person 
or represented by proxy. 

(j) Any matter to be voted upon at an annual or special meeting of the district shall 
require only a majority of those proprietors present in person or represented by proxy and 
voting on the question, except for the following actions which shall require a two-thirds vote: 

(1) a vote to petition for dissolution of the district; 

(2) a vote to purchase, to take by eminent domain or otherwise acquire real property; 

(3) a vote to finance any undertaking which is authorized by this act to be financed in 
whole or in part by the issuance of long-term notes or bonds by the district; or 

(4) a vote to amend the district by-laws. 

SECTION 7. The prudential committee shall have and may exercise the following 
powers and duties: 

(a) to expend the money raised and borrowed by the district for the purposes permitted 
to the district; 

(b) to prepare an annual budget for the management and operation of the district and 
to submit that budget at the annual district meeting to the proprietors for their approval; 
provided, however, that the budget shall include the committee's estimate of those monies 
required to be raised and appropriated by means of assessment upon the proprietors, by 
borrowing, or otherwise to be received; 

(c) to apply in the name of the district for grants, loans and other assistance from both 
governmental and non-governmental entities; 

(d) to enter into agreements and contracts, subject to prior appropriation, involving the 
purpose or lease of services, equipment and supplies consistent with the powers granted by 
this act; 

(e) to hire, supervise, suspend and discharge such employees as the prudential 
committee shall deem necessary or appropriate for the conduct of the work to be performed 
by the district including, but not limited to, a district superintendent who shall have charge 
on a day-to-day basis of all district employees and who shall be responsible on behalf of the 
prudential committee for the conduct and supervision of all work to be performed by, or on 
behalf of, the district under this act; provided, however, that compensation and benefits for 
the district superintendent and all other employees shall be subject to prior appropriation as 
determined by vote of the prudential committee; 

(f) to adopt by-laws for the regulation of the affairs of the district and the conduct of 
its business, which by-laws shall be consistent with the powers conferred by this act and with 
other applicable provisions of the General Laws; 

(g) to expend money duly budgeted and appropriated by the proprietors; and 
(h) to exercise the authority conferred upon it by district by-law. 

SECTION 8. (a) The prudential committee shall meet as often as necessary, but in 
no event less frequently than every 6 months. A quorum of the prudential committee shall 
be required at all meetings for the conduct of any business, and shall consist of a majority of 
its voting members. 



1050 



Chap. 243 

(b) The initial meeting of the prudential committee shall occur not later than 30 days 
following the establishment of the district. Thereafter the prudential committee shall 
schedule 1 meeting to occur in each year immediately following the adjournment of the 
annual district meeting. 

(c) At the initial meeting and at all subsequent meetings immediately following the 
annual district meeting, the prudential committee shall elect from its members a chairman 
who shall preside at all committee meetings and shall serve until the chairman's successor 
shall be elected at the meeting following the annual district meeting. 

(d) The prudential committee shall also elect a vice-chairman who shall be empowered 
to preside over committee meetings in the absence of the chairman and who shall serve for 
a like term. 

(e) The district may, subject to a prior appropriation, provide appropriate 
compensation for district officers, including the expense of travel, meals and lodging for such 
officers residing outside the district. The prudential committee shall serve without 
compensation but shall be entitled to reasonable travel and lodging expenses. 

SECTION 9. The district treasurer shall receive and take charge of all money 
belonging to the district, and pay over and account for that money according to the order of 
the district or of its prudential committee. No other persons shall pay any district bill; 
provided, however, that this provision shall not prohibit the treasurer from paying such bill 
by the use of a bank treasurer's or cashier's check. The treasurer shall further have the 
authority given to an auditor by section 50 of chapter 41 of the General Laws, and shall 
annually render a true account of the treasurer's receipts and disbursements and report of the 
treasurer's official acts to the district. The treasurer shall give bond annually for the 
performance of the treasurer' s duties in a form approved by the commissioner of revenue and 
in such sum, not less than the amount established by the commissioner of revenue, as shall 
be fixed by the prudential committee, and if the treasurer fails to give such bond within 10 
days after being elected or appointed, or if within 10 days after the expiration of said bond 
or any renewal of said bond, the treasurer fails to file a renewal thereof, the prudential 
committee shall declare the office vacant and the vacancy shall be filled by the prudential 
committee in the manner set forth in section 1 1 . 

SECTION 10. The district clerk shall, in addition to the other duties specified herein, 
take all minutes at district meetings and at meetings of the prudential committee and 
maintain a record of such minutes in a manner provided for the maintenance of records of 
minutes of town meetings and of meetings by the boards of selectmen in the commonwealth. 
The clerk shall further be the official responsible for certifying copies of all votes taken at 
a district meeting or a meeting of the prudential committee. 

SECTION 11. Any vacancy occurring in the office of clerk, treasurer or member of 
the prudential committee may be filled by the proprietors for the remainder of the unexpired 
term at any special district meeting called for that purpose, or in the case of a vacancy in the 
office of clerk or treasurer or disability effecting either of those officers, the prudential com- 
mittee may appoint a person to fill the vacancy until an election can be held or the disability 



1051 



Chap. 243 

is removed. Such temporary appointee shall be sworn and shall perform the duties of the 
office to which he is appointed during his tenure thereof. A temporary treasurer appointed 
to fill a vacancy shall give bond in the same manner as the treasurer. 

SECTION 12. (a) At its initial meeting, and at the annual meeting every year 
thereafter, the district shall adopt, by two-thirds vote, a method to be employed during the 
fiscal year for financing the share of its annual budget which is anticipated to be required to 
be funded by the district. The district may vote to adopt 1 or more of the following methods 
of financing: 

(1) The district may levy assessments upon the real estate situated within the district 
totaling the sum required to meet the district budget. 

(2) The district may incur debt by a temporary loan in anticipation of the collection 
of assessments during the fiscal year in which said debt is incurred or during the next 
succeeding fiscal year. 

(3) The district may incur debt, up to the amount determined by the committee, for 
district improvements or major equipment purchases and may issue notes or bonds for that 
purpose. If the committee approves, the district may issue those notes or bonds on the 
condition that the first payment on account of the principal shaH be deferred for up to 5 years 
from the date of issue of such notes or bonds and that the whole amount of such debt shall 
be payable within a period of up to 25 years after such notes or bonds are issued. No such 
issue shall be for a term longer than the reasonably estimated useful life of the improvements, 
facilities and equipment to be so funded. 

Indebtedness incurred by the district under subsection (3) shall be subject to chapter 
44 and to other provisions of the General Laws applicable to notes and bonds of districts 
except as otherwise provided in this act. If the district issues notes or bonds and thereafter 
it shall receive an appropriation from another governmental entity to cover such part, if any, 
of the expenses of such improvements, the committee, unless otherwise mandated by the 
terms and conditions of the grant from such governmental unit, may make all or any part of 
such appropriation available to redeem notes or bonds of the district and shall hold the 
balance, if any, to the credit of the district to be used for the payment of the expense of such 
improvements, facilities and for equipment. 

(b) Bonds or notes issued under this section shall be the general obligations of the 
district. 

(c) That portion, if any, of the budgeted expense for the initial fiscal year and for each 
subsequent fiscal year which shall be required by the district for the payment of principal and 
interest on bonds and notes issued or to be issued by the district and which will be due during 
the ensuing fiscal year together with those amounts necessary to be raised by the district to 
maintain and operate the district during said fiscal year for capital outlay items, the costs of 
which is not otherwise funded, and all other budgeted expenses for which the district is 
authorized to raise money, the costs of which items the district shall have voted to raise by 
assessment upon land and improvements of the proprietors within the district shall be the 
subject of a separate vote at the initial district meeting. The schedule of assessed valuations 



1052 



Chap. 243 

of land and improvements established by the board of assessors for the same fiscal year under 
chapter 59 of the General Laws shall be relied upon as the basis for determination of the 
pro-rata share of the district budget voted to be raised and appropriated by the proprietors 
upon their lands and improvements lying within the district. 

(d) Following the adjournment of the initial district meeting and each annual district 
meeting thereafter, the clerk of the district shall certify to the assessors of the town of Becket 
all sums of money voted to be raised by district assessment and the method and means of 
assessment duly voted upon at such meeting. The assessors of the town of Becket shall, 
without further vote, assess such amounts upon the lands of the proprietors within the 
district, which shall be collected by the town tax collector who shall act as collector for the 
district and have and exercise the same powers and duties in relation to the collection of such 
assessments as he has and exercises in relation to town taxes. The collector shall remit 
weekly to the district treasurer all sums collected by the collector on account of such 
assessments. An assessment made under this act shall be a lien upon the land assessed 
therefor, in the same manner as a lien for real estate taxes assessed by the town under section 
37 of chapter 60, and other related provisions of the General Laws. 

SECTION 13. The fiscal year of the district shall be the same fiscal year as 
established by the General Laws for cities and towns in the commonwealth. 

SECTION 14. Unless otherwise specified in this act, or otherwise required by the 
General Laws, all actions permitted to be taken at annual or special district meetings shall 
require a majority vote of those proprietors entitled to vote at that meeting who are present, 
or represented by proxy, so long as a quorum is present. Likewise, all actions permitted to 
be taken by the prudential committee shall require a majority vote of the committee members 
present at said meeting so long as a quorum is present. 

SECTION 15. The district shall include in its initial, and in all subsequent annual 
appropriations, compensation for the board of assessors and the tax collector of the town of 
Becket, as the district shall annually establish. 

SECTION 16. No member of the prudential committee, the town of Becket nor any 
agency or department of the commonwealth shall be obligated for any debts, liabilities, 
obligations or expenses made, suffered or incurred by the district. The proprietors of the 
district shall not be individually liable or obligated with respect to debts or other obligations 
made, suffered or incurred by the district except with respect to the payment as assessments 
upon their land as provided for in this act. 

SECTION 17. No provision of this act shall be deemed to modify or amend any 
power, authority or jurisdiction now or hereafter vested in any agency, department or unit of 
state, local or federal government as it relates to the use, operation or enjoyment of Center 
Pond available for use by the general public for recreational use and other purposes now or 
hereafter permitted or required by federal, state or local law, regulation or by-law. 

SECTION 18. The district shall establish in its initial budget, and shall maintain in 



1053 



Chap. 243 

all subsequent fiscal year budgets, an overlay account and a reserve fund as provided for 
towns under section 25 of chapter 59 and section 5C of chapter 40 of the General Laws. The 
district may establish and maintain a stabilization fund under the provisions of section 5B 
of said chapter 40. The district shall be subject to an audit of its accounts in the manner 
provided in section 40 of chapter 44 of the General Laws. 

SECTION 19. Immediately upon being elected, and from time to time thereafter, the 
district clerk shall cause a review to be made of the records required to be maintained by the 
board of assessors for the town of Becket, including copies of deeds furnished to said board 
by the registry of deeds, and shall otherwise take such actions as shall be reasonably 
necessary to establish the district property and the proprietors. The clerk shall cause to be 
prepared 1 or more maps which shall show the location of all real estate within the district 
and shall be based, in whole or in part, upon the maps required to be maintained by said 
board of assessors. Thereafter, at any special meeting called for the purpose of establishing 
the district property and the proprietors and not later than the next annual meeting, the 
district clerk shall furnish the prudential committee with a list of owners and such maps 
depicting the approximate location and boundaries of such parcels as well as the existing 
parcels within the district. 

SECTION 20. The district shall continue until dissolved by law; provided, however, 
that no such law shall take effect so long as the district shall have obligations outstanding 
without adequate provision for the complete payment or satisfaction thereof. Such 
dissolution may be initiated by the general court or by two-thirds vote at a regular or special 
district meeting and shall provide for all assets to be transferred to either the town of Becket 
or the commonwealth as shall be provided in the dissolution vote. 

SECTION 21. If the initial meeting of the district fails to occur or the certified vote 
evidencing the establishment of the district is not filed with the attorney general of the 
commonwealth within 1 year after this act takes effect, this act shall cease to be operative. 

SECTION 22. This act shall take effect upon its passage. 

Approved August 5, 2010. 



Chapter 244. AN ACT AUTHORIZING THE COMMISSIONER OF CAPITAL 

ASSET MANAGEMENT AND MAINTENANCE TO CONVEY 
CERTAIN LAND TO THE TOWN OF TEWKSBURY. 

Whereas, The deferred operation of this act would tend to defeat its purpose, which 
is to provide forthwith for the transfer of a certain parcel of land in the town of Tewksbury, 
therefore it is hereby declared to be an emergency law, necessary for the immediate 
preservation of the public convenience. 

Be it enacted, etc., as follows: 



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Chap. 244 

SECTION 1. Notwithstanding sections 40E to 40 J, inclusive, of chapter 7 of the 
General Laws or any other general or special law to the contrary, the commissioner of capital 
asset management and maintenance may convey to the town of Tewksbury for recreation and 
open space purposes a portion of a certain parcel of state-owned land located on Livingston 
street in said town, currently under the care and control of the department of public health, 
containing 25.535 acres, more or less, as shown on a plan of land titled "Tewksbury Athletic 
Fields, Livingston Street, Tewksbury, Massachusetts," dated April 1 , 2009, prepared for the 
division of capital asset management by Nitsch Engineering, which plan is on file with the 
division of capital asset management and maintenance. The parcel shall be designated and 
used by the town of Tewksbury solely for recreational and open space purposes. 

SECTION 2. As consideration for the conveyance of the parcel described in section 
1 , the town of Tewksbury shall be responsible for any costs, liabilities or expenses of any 
kind for the maintenance and protection of a cemetery located on land of the commonwealth 
adjacent to the parcel described in said section 1 in accordance with standards developed by 
the commissioner of capital asset management and maintenance and the commissioner of 
public health. 

SECTION 3. The town of Tewksbury shall be responsible for all costs and expenses 
of the transaction authorized in this act as determined by the commissioner of capital asset 
management and maintenance including, but not limited to, the costs of any surveys and 
other expenses relating to the conveyance of the parcel. The town of Tewksbury shall also 
be responsible for all costs, liabilities and expenses of any nature and kind in connection with 
the operation, maintenance and ownership of the parcel. 

SECTION 4. The deed or other instrument conveying the parcel to the town of 
Tewksbury shall provide that if the parcel ceases at any time to be used for the purposes set 
forth in section 1 or if the town of Tewksbury does not maintain and protect the cemetery on 
commonwealth land in accordance with the requirements of section 2, title to the parcel shall, 
at the election of the commonwealth, after the giving of notice to the town of Tewksbury and 
an opportunity to cure, revert to the commonwealth. 

Approved August 5, 2010. 



Chapter 245. AN ACT AUTHORIZING THE DIVISION OF CAPITAL ASSET 

MANAGEMENT AND MAINTENANCE TO CONVEY CERTAIN 
LAND IN THE CITY OF SOMERVILLE TO THE SOMERVILLE 
HOUSING AUTHORITY. 

Whereas, The deferred operation of this act would tend to defeat its purpose, which 
is to authorize forthwith the division of capital asset management and maintenance to convey 
a certain parcel of land in the city of Somerville for the creation of affordable housing for 
elderly residents, therefore it is hereby declared to be an emergency law, necessary for the 
immediate preservation of the public convenience. 



1055 



Chap. 245 

Be it enacted, etc., as follows: 

SECTION 1. The commissioner of capital asset management and maintenance, in 
consultation with the department of conservation and recreation and the Massachusetts Water 
Resources Authority, may convey, notwithstanding sections 40E to 40J, inclusive, of chapter 
7 of the General Laws, by deed, to the Somerville housing authority, a political subdivision 
of the commonwealth, a certain parcel of land located at 485 Mystic Valley parkway a/k/a 
149 Capen street in the city of Somerville and consisting of approximately 1.39 acres, 
together with approximately 25,000 gross square feet of building space and associated 
infrastructure, most recently used as a waterworks system under chapter 372 of the acts of 
1984. The parcel's approximate location is shown on a plan entitled "Easement Plan of 
Land, Capen Court Senior Housing, 1 Capen Court, Plan of Land in Somerville, 
Massachusetts" prepared by Design Consultants, Inc. dated January 16, 2008, which plan 
is on file with the commissioner of capital asset management and maintenance and recorded 
at the Middlesex south registry of deeds, book 52011, pages 361 and 362. The exact 
boundaries of the property shall be determined by the commissioner, based on a survey. The 
deed shall contain an acknowledgement that the Mystic Valley parkway and the Alewife 
Brook parkway are parkways which have been designated and restricted to pleasure vehicles 
only by the department of conservation and recreation and that the use of the Mystic Valley 
parkway and the Alewife Brook parkway is subject to the generally-applicable regulations 
for such parkways of the department of conservation and recreation, as such regulations may 
be amended. 

The conveyance of the parcel described in this section shall reserve non-exclusive 
permanent volumetric easements for the benefit of the commonwealth and the Massachusetts 
Water Resources Authority for a 30 inch water main and a 60 inch water main currently 
existing on the parcel, such easements to be shown on plans to be approved by the 
commissioner. The easements may be used to access, maintain, repair and reconstruct the 
existing water lines and related equipment currently held by the Massachusetts Water 
Resources Authority existing within the reserved permanent volumetric easements. The 
easements shall be 35 feet in width, measuring a distance of at least 1 5 feet on either side of 
the existing pipeline and shall extend the full length of the pipeline on the parcel. The 
easements shall be non-exclusive; provided, however, that, unless the written consent of the 
Massachusetts Water Resources Authority is obtained, no buildings or structures shall be 
erected or maintained in or upon any part of the easements nor shall any trees or shrubs be 
planted. Subject to the prior review and approval of the Massachusetts Water Resources 
Authority, the easement and pipeline may be relocated at the sole expense of the fee owner. 

SECTION 2. The purchaser of the parcel conveyed under section 1 shall pay a 
consideration of $1 . Additional consideration for the conveyance of the parcel shall be the 
undertaking to complete and operate affordable senior housing on the parcel under certain 
use restrictions and regulatory agreements to be entered into in connection with the 
affordable housing subsidies granted with respect to the parcel. 



1056 



Chap. 245 

SECTION 3. The commissioner of capital asset management and maintenance, 30 
days before the execution of a deed authorized by this act or any subsequent amendment 
thereof, shall submit the deed or amendment and a report thereon to the inspector general for 
the inspector general's review and comment. The inspector general shall issue the review 
and comment within 15 days of receipt of a deed or amendment. The commissioner shall 
submit the deed and any subsequent amendments thereof, the reports and the comments of 
the inspector general, if any, to the house and senate committees on ways and means and the 
joint committee on state administration and regulatory oversight at least 15 days before the 
execution of the deed. 

SECTION 4. The purchaser shall be responsible for all costs associated with the 
conveyance authorized by this act, including, but not limited to, any appraisal, survey, 
recording or legal costs and any other expenses incurred by the commonwealth in connection 
with the conveyance and shall be responsible for all costs, liabilities and expenses of any 
nature and kind for its ownership and use. 

SECTION 5. The use of the parcel shall be restricted to the development and 
operation of affordable senior housing under section 2. If the property ceases to be used for 
such purpose, title to the property shall, after notice and an opportunity to cure from the 
commonwealth, revert to the commonwealth. 

Approved August 5, 2010. 



Chapter 246. AN ACT RELATIVE TO HEALTH INSURANCE AND OTHER 

BENEFITS IN THE TOWN OF PHILLIPSTON. 

Be it enacted, etc., as follows: 

SECTION 1. Notwithstanding any general or special law to the contrary, the actions 
of the town of Phillipston and its board of selectmen since acceptance by the town in 1966 
and the vote of town meeting under Article 45 of the 1986 annual town meeting warrant to 
provide insurance and benefits authorized by section 1 of chapter 32B of the General Laws, 
and all actions taken pursuant thereto, are hereby ratified, validated and confirmed as if the 
town of Phillipston had properly voted to approve the question set forth in said section 10 
of said chapter 32B in accordance with law. The town may continue to provide such 
insurance and benefits under said chapter 32B as if the voters of the town had properly 
approved the question set forth in said section 10 of said chapter 32B; provided, however, 
that such actions are otherwise taken in accordance with said chapter 32B. 

SECTION 2. This act shall take effect upon its passage. 

Approved August 5, 2010. 



1057 



Chapter 247. AN ACT AUTHORIZING THE TOWN OF BREWSTER TO USE 
CERTAIN TOWN-OWNED LAND FOR GENERAL TOWN 
PURPOSES, INCLUDING RENEWABLE ENERGY PROJECTS. 

Be it enacted, etc., as follows: 

SECTION 1. Notwithstanding any general or special law to the contrary, the land 
that on November 17,1 997 the inhabitants of the town of Brewster voted to take by eminent 
domain for municipal purposes and that on January 6, 1998 the selectmen of the town of 
Brewster took for the purpose of public water supply, watershed protection, passive 
recreation and for other public purposes is thereby placed under the care, custody, control and 
management of the selectmen for general town purposes which shall include, but shall not 
be limited to, public water supply, watershed protection, passive recreation and renewable 
energy projects developed by the town or by parties with whom the town may contract. 

SECTION 2. The land described in section 1 is shown on the Brewster assessors' 
map 46 as parcels 12-2, 12-3 and 12-5, and it is described in the "Order of Taking by 
Eminent Domain of Land in Brewster, Barnstable County" which was recorded and 
registered on January 6, 1998 and which took the land described in land court certificate of 
title 141983 as lot 2 and lot 3 and in the deed recorded in book 5502, page 7 of the registry 
of deeds of the county of Barnstable. 

SECTION 3. As a condition of the change in use authorized in section 1, if the 
parcel is used for renewable energy development purposes, the town of Brewster shall 
transfer a parcel of land under the care, custody, management and control of the board of 
selectmen and dedicated for general municipal purposes to the conservation commission and 
such parcel shall be dedicated for conservation, park or water protection purposes. If no 
suitable parcel is available for transfer to the conservation commission, the town shall 
acquire a parcel of land or a conservation restriction as defined in section 3 1 of chapter 1 84 
of the General Laws upon private or public land. Any land so acquired shall be placed under 
the jurisdiction of the conservation commission and shall be dedicated or restricted to 
conservation, park or water protection purposes. The parcel dedicated pursuant to this 
section, shall be of equal or greater size and value for conservation, park or water supply 
purposes as the disturbed area of the parcel described in section 1. 

SECTION 4. If the land conveyed pursuant to section 1 ceases to be used for the 
purposes described in said section 1, the use of the land shall revert to the town of Brewster 
for conservation, water supply or public park purposes. 

SECTION 5. This act shall take effect upon its passage. 

Approved August 5, 2010. 



1058 



Chapter 248. AN ACT AUTHORIZING THE CITY KNOWN AS THE TOWN OF 
AMESBURY TO GRANT AN ADDITIONAL LICENSE FOR THE 
SALE OF ALL ALCOHOLIC BEVERAGES TO BE DRUNK ON THE 
PREMISES. 

Be it enacted, etc., as follows: 

SECTION 1. (a) Notwithstanding section 17 of chapter 138 of the General Laws, 
the licensing authority of the city known as the town of Amesbury may grant an additional 
license for the sale of all alcoholic beverages to be drunk on the premises under section 12 
of said chapter 138 to Apps N' Taps, LLC, located at 9 Water street in the town of 
Amesbury. The license shall be subject to all of said chapter 138 except said section 17. 

(b) The licensing authority shall not approve the transfer of the license to any other 
location but it may grant the license to a new applicant at the same location if the applicant 
for the license files with the authority a letter from the department of revenue indicating that 
the license is in good standing with the department and that all applicable taxes have been 
paid. 

(c) If the license granted under this chapter is cancelled, revoked or no longer in use 
it shall be returned physically, with all of the legal rights, privileges and restrictions 
pertaining thereto to the licensing authority which may then grant the license to a new 
applicant at the same location under the same conditions as specified in this act. 

SECTION 2. This act shall take effect upon its passage. 

Approved August 5, 2010. 



Chapter 249. AN ACT AUTHORIZING THE COMMONWEALTH TO CONVEY A 
CERTAIN PARCEL OF LAND IN THE TOWN OF DARTMOUTH. 

Whereas, The deferred operation of this act would tend to defeat its purpose, which 
is to provide forthwith for the conveyance of land in the town of Dartmouth for veterans 
housing, therefore it is hereby declared to be an emergency law, necessary for the immediate 
preservation of the public convenience. 

Be it enacted, etc., as follows: 

SECTION 1. Notwithstanding section 40E through 40 J, inclusive, of chapter 7 of 
the General Laws or any other general or special law to the contrary, the commissioner of 
capital asset management and maintenance, may convey a parcel of land located at 262 State 
road in the town of Dartmouth, formerly known as the Massachusetts State Police Barracks 
in Dartmouth, to the Dartmouth Housing Authority to provide affordable housing for 
veterans. The parcel is described in book 01062, page 0496 of the Bristol county southern 
district registry of deeds. This parcel of land was purchased by the commonwealth on 
September 24, 1952. 



1059 



Chap. 249 

SECTION 2. The consideration for the conveyance to the Dartmouth Housing 
Authority shall be $1. The Dartmouth Housing Authority shall be responsible for all costs 
and expenses of the transaction authorized by this act as determined by the commissioner of 
capital asset management and maintenance, including, but not limited to, expenses relating 
to the conveyance of the parcel and shall be responsible for all costs, liabilities and expenses 
for its leasehold. 

SECTION 3. The deed or other instrument conveying the property described in 
section 1 to the Dartmouth Housing Authority or its successors in title, shall provide that if 
for any reason the property ceases to be used solely for the purposes described in section 1 , 
title to the property shall revert to the commonwealth under the care and control of the 
division of capital asset management and maintenance following the giving of written notice 
and an opportunity to cure in accordance with a procedure to be specified in the deed 
conveying the property and upon the recording of a notice by the commissioner with the 
Bristol county southern district registry of deeds and any further disposition shall be subject 
to sections 40E to 40 J, inclusive, of chapter 7 of the General Laws and to the prior approval 
of the general court. 

Approved August 5, 2010. 



Chapter 250. AN ACT MODIFYING A CONSERVATION RESTRICTION IN THE 
TOWN OF NORTH ANDOVER. 

Be it enacted, etc., as follows: 

Notwithstanding sections 31,32 and 33 of chapter 1 84 of the General Laws, the town 
of North Andover may modify the conservation restriction the town placed on the property 
known as the North Andover Town Farm. The town shall modify the use only in the areas 
of the property described as Area 1 and Area 2 identified as follows: 

Conservation Restriction Amendment Plan, Town Farm- Dale Street, North Andover, 
MA, Assessors Map 64, Lots 9, 1 8, 20, 64, prepared for the Town of North Andover by New 
England Engineering Services Inc., 1600 Osgood Street, Building 20 Suite 2-64, Dated May 
12, 2008 and stamped by Benjamin C. Osgood Jr. P.E., File No. 1532-5-12-08 containing 
1-3 sheets, hereinafter referred to as the "amendment plan" which shall be incorporated by 
reference herein, being a portion of the property known as the North Andover Town Farm, 
approximately 158.93 acres, more or less, 

Being an area of land on the South side of Dale Street containing 3.4 Acres more or 
less and described as follows: 

Beginning at a point 99.20 feet west of the northeast corner of a parcel described as 
Assessor's Map 64 Parcel 20 at the southerly side of Dale Street. 

Thence on a bearing South 30 degrees 45 minutes 41 seconds East for a distance of 



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Chap. 250 

69.3 1 feet to a point, thence turning South 6 degrees 24 minutes 5 seconds West 86.79 feet 
to a point, thence turning South 18 degrees 49 minutes 53 seconds East 310.85 feet to a 
point, thence turning South 80 degrees 48 minutes 03 seconds West 444.87 feet to a point, 
thence turning North 53 degrees 45 minutes 20 seconds West 195.90 feet to a point on the 
southerly line of Dale Street, thence turning North 52 degrees 20 minutes 9 seconds East 
36.29 feet along Dale Street to a point, thence turning North 56 degrees 50 minutes 58 
seconds East 261.28 feet along Dale Street to a point, thence turning North 50 degrees 30 
minutes 19 seconds East 48.42 feet along Dale Street to a point, thence turning North 39 
degrees 53 minutes 23 seconds East 54.18 feet along Dale Street to a point, thence turning 
North 43 degrees 48 minutes 19 seconds East 218.77 feet along Dale Street to the point of 
beginning; and 

Being an area of land on the North side of Dale Street containing 3.2 Acres more or 
less and described as follows: 

Beginning at a point at the northwest corner of a parcel described as Assessor's Map 
64 Parcel 18 at the northerly side of Dale Street. Thence on a bearing North 27 degrees 6 
minutes 1 1 seconds West for a distance of 3 16.19 feet to a point, thence turning North 58 
degrees 45 minutes 5 1 seconds East 438.38 feet to a point, thence turning South 3 1 degrees 
14 minutes 9 seconds East 304.05 feet to a point on the Northerly line of Dale Street, thence 
turning South 57 degrees 46 minutes 19 seconds East 113.53 feet along Dale Street to a 
point, thence turning South 57 degrees 13 minutes 29 seconds West 347.78 feet along Dale 
Street to the point of beginning. The care, custody, and control of this land, described as Area 
1 and Area 2, shall be with the Conservation Commission. 

The amendment and modification shall be subject to and conditioned upon all 
necessary and proper permitting and approvals required by and for the town of North 
Andover including, but not limited to, the planning department, conservation, health 
department, zoning department, building department and the department of public works. 

The Article 42 conservation restriction - Town Farm, approved at the May 13, 1997 
town meeting shall remain in full force and effect for all areas of Town Farm as approved 
at the May 13, 1997 town meeting that are outside of the metes and bounds of Area 1 and 
Area 2 of the amendment and modification. 

Approved August 5, 2010. 



Chapter 251. AN ACT RELATIVE TO THE LICENSURE OF CERTAIN HEALTH 
PLANS. 

Be it enacted, etc., as follows: 

Section 14 of chapter 176G of the General Laws, as appearing in the 2008 Official 



1061 



Chap. 251 

Edition, is hereby amended by striking out the second paragraph and inserting in place 
thereof the following paragraph: - 

A license granted to a health maintenance organization pursuant to this section shall 
be renewed every 2 years. The fee for such renewal, in an amount determined by the 
commissioner, shall be not less than $1,000. 

Approved August 5, 2010. 



Chapter 252, AN ACT AUTHORIZING THE DIVISION OF CAPITAL ASSET 
MANAGEMENT AND MAINTENANCE TO LEASE A BOAT RAMP 
IN THE CITY OF CAMBRIDGE. 

Be it enacted, etc., as follows: 

(a) Notwithstanding sections 40E to 401, inclusive, of chapter 7 of the General Laws 
or any other general or special law to the contrary, the division of capital asset management 
and maintenance, on behalf of and in consultation with the department of conservation and 
recreation and using such competitive proposal process as the division considers necessary 
or appropriate, may lease and enter into other agreements, for terms not to exceed 25 years, 
with 1 or more operators, for the boat ramp in North Point Park in the city of Cambridge so 
as to provide for the continued use, operation, maintenance, repair and improvement of the 
boat ramp together with the land and appurtenances associated thereto. 

There shall be an option for renewal or extension for operation and maintenance 
services not exceeding an additional 5 years. Any such renewal or extension shall be at the 
discretion of the division of capital asset management and maintenance in accordance with 
the original contract terms and conditions or with contract terms and conditions more 
favorable to the commonwealth. Each lease shall contain a provision that requires the lessee 
to carry comprehensive general liability insurance with the commonwealth named as a 
co-insured, protecting the commonwealth against all personal injury or property or other 
damage arising from the boat ramp during the term of the lease. 

Each lease and other agreement shall be on terms acceptable to the commissioner of 
capital asset management and maintenance, after consultation with the commissioner of 
conservation and recreation and, notwithstanding any general or special law to the contrary, 
shall provide for the lessee to manage, operate, improve, repair and maintain the property. 
Any such lease or other arrangement requiring capital improvements to be made shall include 
a description of the required capital improvements and, at minimum, performance 
specifications. The consideration for the lease shall be the full and fair market value of the 
lease of the parcels as determined by the commissioner of capital asset management and 
maintenance pursuant to 1 independent professional. The appraisal shall be prepared in 
accordance with usual and customary professional appraisal practices by a qualified appraiser 



1062 



Chap. 252 

commissioned by the commissioner of capital asset management and maintenance. All 
consideration received from the leases or other agreements shall be payable to the department 
of conservation and recreation for deposit into the General Fund. 

(b) Notwithstanding any general or special law to the contrary, the inspector general 
shall review and approve any appraisals pursuant to subsection (a) and the review shall 
include an examination of the methodology utilized for establishing a lease consideration. 
Within 30 days after receiving a lease, the inspector general shall prepare a report of his 
review and file the report with the commissioner of capital asset management and 
maintenance. Within 3 days after receiving the inspector general ' s report, the commissioner 
shall submit the report to the house and senate committees on ways and means and the joint 
committee on bonding, capital expenditures and state assets, but not later than 1 5 days before 
the execution of any agreement or other document relating to the lease. 

(c) Notwithstanding any general or special law to the contrary, the lessee shall be 
responsible for all costs and expenses, including, but not limited to, costs associated with any 
engineering, surveys, appraisals, and lease preparation related to the transfers and 
conveyances authorized in this act as such costs may be determined by the commissioner of 
capital asset management and maintenance. The lessee shall be solely responsible for all 
costs, liabilities and expenses of any nature and kind for the maintenance, use and operation 
of the boat ramp. 

(d) To ensure a no-net-loss of lands protected for conservation purposes, the lessee 
shall convey, or cause to be conveyed, to the commonwealth land or an interest in land to be 
held by the department of conservation and recreation for conservation purposes. The land 
or interest in land shall be of equal or greater value than as determined in accordance with 
subsection (a) and shall be acceptable to the department, in its discretion. 

Approved August 5, 2010. 



Chapter 253. AN ACT RELATIVE TO THE MASSACHUSETTS CREDIT UNION 
SHARE INSURANCE CORPORATION. 

Be it enacted, etc., as follows: 

Clause (p) of the second paragraph of section 12 of chapter 294 of the acts of 1961, 
as appearing in section 7 of chapter 168 of the acts of 2004, is hereby amended by striking 
out the last sentence and inserting in place thereof the following sentence:- The limitations 
imposed by this paragraph shall not apply to an aggregate investment of not in excess of the 
applicable federal deposit insurance limit in a deposit of a banking corporation, the deposits 
of which banking corporation are insured by the Federal Deposit Insurance Corporation. 

Approved August 5, 2010. 



1063 



Chapter 254. AN ACT AUTHORIZING THE CITY OF BOSTON TO GRANT 
PERMANENT VOLUMETRIC EASEMENTS RELATIVE TO 
VERTICAL TRANSPORTATION IMPROVEMENTS OVER 
CERTAIN PARCELS OF LAND IN THE CITY OF BOSTON. 

Be it enacted, etc., as follows: 

Notwithstanding any general or special law to the contrary, the city of Boston may 
dispose of certain real property under the control of the Boston parks and recreation 
commission for a permanent easement for the development, construction, installation, 
operation and replacement of an elevator, elevator head house and bollards at the Park street 
MBTA station on Boston Common. 

Approved August 5, 2010. 



Chapter 255. AN ACT RELATIVE TO LIMITING CERTAIN TYPES OF DUAL 
ALCOHOL LICENSURE. 

Be it enacted, etc., as follows: 

SECTION 1. Section 15 of chapter 138 of the General Laws, as appearing in the 
2008 Official Edition, is hereby amended by adding the following paragraph: - 

No person, firm, corporation, association or other combination of persons, directly 
or indirectly, or through an agent, employee, stockholder, officer or other person or any 
subsidiary licensed under sections 18 and 19 shall be granted a license under this section 
after January 1,2011. 

SECTION 2. The fifth paragraph of section 1 8 of said chapter 1 38, as so appearing, 
is hereby amended by striking out the second sentence and inserting in place thereof the 
following sentence:- No person, firm, corporation, association or other combination of 
persons, directly or indirectly, or through an agent, employee, stockholder, officer or other 
person or a subsidiary licensed under section 1 5 shall be granted a license under this section 
after January 1 , 201 1 . 

Approved August 5, 2010. 



Chapter 256. AN ACT REFORMING THE ADMINISTRATIVE PROCEDURES 
RELATIVE TO CRIMINAL OFFENDER RECORD INFORMATION 
AND PRE- AND POST-TRIAL SUPERVISED RELEASE. 

Be it enacted, etc., as follows: 



1064 



Chap. 256 

SECTION 1. Section 1 16C of chapter 6 of the General Laws, as appearing in the 
2008 Official Edition, is hereby amended by striking out, in lines 16 and 31, the words 
'criminal history systems board' and inserting in place thereof the following words:- 
department of criminal justice information services. 

SECTION 2. Section 167 of said chapter 6 of the General Laws, as so appearing, 
is hereby amended by striking out, in line 2, the words "one hundred and sixty-eight to one 
hundred seventy-eight" and inserting in place thereof the following words:- 168 to 178L, 
inclusive. 

SECTION 3. Said section 167 of said chapter 6, as so appearing, is hereby further 
amended by inserting before the definition of "Criminal justice agencies" the following 3 
definitions :- 

"All available criminal offender record information", adult and youthful offender 
convictions, non-convictions and pending criminal court appearances, but excluding criminal 
records sealed under section 34 of chapter 94C or sections 100A to 100C, inclusive, of 
chapter 276 or the existence of such records. 

"Board", the criminal record review board established under section 168. 

"Commissioner", the commissioner of criminal justice information services under 
section 167 A. 

SECTION 4. Said section 167 of said chapter 6, as so appearing, is hereby further 
amended by inserting after the definition of "Criminal justice agencies" the following 2 
definitions :- 

"Criminal offender record information", records and data in any communicable form 
compiled by a Massachusetts criminal justice agency which concern an identifiable 
individual and relate to the nature or disposition of a criminal charge, an arrest, a pre-trial 
proceeding, other judicial proceedings, sentencing, incarceration, rehabilitation, or release. 
Such information shall be restricted to that recorded as the result of the initiation of criminal 
proceedings or any consequent proceedings related thereto. Criminal offender record 
information shall not include evaluative information, statistical and analytical reports and 
files in which individuals are not directly or indirectly identifiable, or intelligence 
information. Criminal offender record information shall be limited to information 
concerning persons who have attained the age of 17 and shall not include any information 
concerning criminal offenses or acts of delinquency committed by any person before he 
attained the age of 1 7; provided, however, that if a person under the age of 1 7 is adjudicated 
as an adult, information relating to such criminal offense shall be criminal offender record 
information. Criminal offender record information shall not include information concerning 
any offenses which are not punishable by incarceration. 

"Department", the department of criminal justice information services established 
pursuant to section 167A. 

SECTION 5. Said section 167 of said chapter 6, as so appearing, is hereby further 
amended by inserting after the definition of "Evaluative information" the following 
definition: - 



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"Executive office", the executive office of public safety and security. 

SECTION 6. Said section 167 of said chapter 6, as so appearing, is hereby further 
amended by inserting after the definition of "Interstate systems" the following definition:- 

"Person", a natural person, corporation, association, partnership or other legal entity 
acting as a decision maker on an application or interacting directly with a subject. 

SECTION 7. Said section 167 of said chapter 6, as so appearing, is hereby further 
amended by inserting after the definition of "Purge" the following 4 definitions:- 

"Requestor", a person, other than a criminal justice agency, submitting a request for 
criminal offender record information to the department. 

'Secretary', the secretary of public safety and security. 

"Self-audit", an inquiry made by a subject or his legally authorized designee to obtain 
a log of all queries to the department by any individual or entity, other than a criminal justice 
agency, for the subject's criminal offender record information, but excluding any information 
relative to any query conducted by a criminal justice agency. 

"Subject", an individual for whom a request for criminal offender record information 
is submitted. 

SECTION 8. Said chapter 6 is hereby further amended by inserting after section 1 67 
the following section :- 

Section 1 67 A. (a) There shall be within the executive office a department of criminal 
justice information services which shall be under the supervision and control of a 
commissioner. The commissioner shall be appointed by the secretary and shall be a person 
of skill and experience in the field of criminal justice. The commissioner shall be the 
executive and administrative head of the department and shall be responsible for 
administering and enforcing the provisions of law relative to the department and to each 
administrative unit thereof The commissioner shall serve at the pleasure of the secretary, 
shall receive such salary as may be determined by law and shall devote his full time to the 
duties of his office. In the case of an absence or vacancy in the office of the commissioner, 
or in the case of disability as determined by the secretary, the secretary may designate an 
acting commissioner to serve as commissioner until the vacancy is filled or the absence or 
disability ceases. The acting commissioner shall have all the powers and duties of the 
commissioner and shall have similar qualifications as the commissioner. The commissioner 
shall not be subject to the provisions of chapter 3 1 or section 9A of chapter 30. 

(b) The commissioner may appoint such persons, including experts and consultants, 
as he shall deem necessary to perform the functions of the department. The provisions of 
chapter 3 1 and section 9 A of chapter 30 shall not apply to any person holding any such 
appointment. Every person so appointed to any position in the department shall have 
experience and skill in the field of such position. So far as practicable in the judgment of the 
commissioner, appointments to such positions in the department shall be made by promoting 
or transferring employees of the commonwealth serving in positions which are classified 
under chapter 3 1 and such appointments shall at all times reflect the professional needs of 



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the administrative unit affected. If an employee serving in a position which is classified 
under chapter 31 or in which an employee has tenure by reason of said section 9A of said 
chapter 30 shall be appointed to a position within the department which is not subject to said 
chapter 3 1, the employee shall, upon termination of his service in such position, be restored 
to the position which he held immediately prior to such appointment; provided, however, that 
his service in such position shall be determined by the civil service commission in 
accordance with the standards applied by said commission in administering said chapter 3 1 . 
Such restoration shall be made without impairment of civil service status or tenure under said 
section 9 A of said chapter 30 and without loss of seniority, retirement or other rights to 
which uninterrupted service in such prior position would have entitled the employee. During 
the period of such appointment, each person so appointed from a position in the classified 
civil service shall be eligible to take any competitive promotional examination for which he 
would otherwise have been eligible. 

(c) The department shall provide for and exercise control over the installation, 
operation and maintenance of data processing and data communication systems, hereinafter 
called the public safety information system, which shall include, but shall not be limited to, 
the criminal justice information system. The system shall be designed to ensure the prompt 
collection, exchange, dissemination and distribution of such public safety information as may 
be necessary for the efficient administration and operation of criminal justice agencies and 
to connect such systems directly or indirectly with similar systems in this or other states. The 
department shall be responsible for all data processing, management of the public safety 
information system, supervision of all personnel associated with the system and the 
appointment of all such personnel. 

(d) The department shall provide access to the public safety information system to 
criminal justice agencies, as defined in section 167. The department may, subject to chapter 
30 A, hear and investigate complaints pertaining to misuse of the public safety information 
system and issue sanctions and penalties for misuse. The commissioner may refer 
complaints for further review to the criminal record review board, any state or federal agency 
or prosecuting authority. 

(e) The department may, in consultation with the board, adopt rules and regulations 
for: (i) the implementation, administration and enforcement of this section; (ii) the control, 
installation and operation of the public safety information system accessed and utilized by 
criminal justice agencies; and the collection, storage, access, dissemination, content, 
organization and use of criminal offender record information by requestors; provided, 
however, any consumer reporting agency accessing the criminal offender record information 
from the department shall be deemed in compliance with any rule or regulation promulgated 
hereunder so long as its applicable policies are in compliance with the state and federal Fair 
Credit Reporting Acts. 

(f) The department shall ensure that no backlog of criminal offender records requests 
develop that impedes the processing of necessary information related to employment, 
housing and other essential activities and services. If a backlog develops, the commissioner 



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shall report the nature of the backlog and its impact on services to the secretary of public 
safety and shall take action to remediate the cause of the backlog. 

(g) The department may enter into contracts and agreements with, and accept gifts, 
grants, contributions and bequests of funds from, any department, agency or subdivision of 
federal, state, county or municipal government and any individual, foundation, corporation, 
association, or public authority for the purpose of providing or receiving services, facilities 
or staff assistance in connection with its work. Such funds shall be deposited with the state 
treasurer and may be expended by the department in accordance with the conditions of the 
gift, grant, contribution or bequest, without specific appropriation. 

SECTION 9. Section 168 of said chapter 6, as appearing in the 2008 Official 
Edition, is hereby amended by striking out the first paragraph and inserting in place thereof 
the following paragraph:- 

There shall be a criminal history systems board, hereinafter called the board, 
consisting of the following persons: the secretary of public safety and security, who shall 
serve as chair, the secretary of labor and workforce development, the attorney general, the 
chair of the Massachusetts sentencing commission, the chief counsel for the committee for 
public counsel services, the chair of the parole board, the commissioner of correction, the 
commissioner of probation, the commissioner of youth services and the colonel of state 
police, or their designees, all of whom shall serve ex officio, and 10 persons to be appointed 
by the governor for a term of 3 years, 1 of whom shall represent the Massachusetts District 
Attorneys Association, 1 of whom shall represent the Massachusetts Sheriffs' Association, 
1 of whom shall represent the Massachusetts Chiefs of Police Association, 1 of whom shall 
represent private users of criminal offender record information, 1 of whom shall be a victim 
of crime, 1 of whom shall be a provider of victim services, 2 of whom shall have experience 
in the areas of workforce development, ex-offender rehabilitation or economic development 
and 2 of whom shall be persons who have experience in issues relating to personal privacy. 
Upon the expiration of the term of any appointive member, the member's successor shall be 
appointed in a like manner for a term of 3 years. 

SECTION 10. Said section 1 68 of said chapter 6, as so appearing, is hereby further 
amended by striking out, in lines 50 and 5 1 , the words "five hundred dollars for each willful 
violation thereof, after notice and hearing as provided by applicable law" and inserting in 
place thereof the following words:- $1,000 for a knowing violation thereof, $2,500 for a 
second knowing violation, and $5,000 for a third or subsequent knowing violation, after 
notice and hearing as provided by applicable law; provided, however, that the board shall not 
issue any orders, sanctions or fines against a law enforcement officer who, in good faith, 
obtains or seeks to obtain or communicates or seeks to communicate criminal offender record 
information in the furtherance of the officer's official duties. 

SECTION 11. Said section 168 of said chapter 6, as so appearing, is hereby further 
amended by striking out the fourth and sixth paragraphs. 

SECTION 12. Said chapter 6, as so appearing, is hereby further amended by striking 
out section 168 and inserting in place thereof the following section:- 



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Section 1 68. (a) There shall be a criminal record review board within the department 
of criminal justice information services consisting of the following persons: the secretary of 
public safety and security, who shall serve as chair, the attorney general, the secretary of 
labor and workforce development, the chair of the Massachusetts sentencing commission, 
the chief counsel for the committee for public counsel services, the chair of the parole board, 
the commissioner of correction, the commissioner of probation, the commissioner of youth 
services, the colonel of state police and the presidents of the Massachusetts District 
Attorneys Association, the Massachusetts Sheriffs' Association and the Massachusetts Chiefs 
of Police Association, or their designees, all of whom shall serve ex officio, and 5 persons 
to be appointed by the governor, 1 of whom shall represent private users of criminal offender 
record information, 1 of whom shall be a victim of crime, 1 of whom shall have experience 
in the areas of workforce development or ex-offender rehabilitation and 2 of whom shall be 
persons who have experience in issues relating to personal privacy. Upon the expiration of 
the term of any appointive member, his successor shall be appointed in a like manner for a 
term of 3 years. 

The chair shall hold regular meetings, 1 of which shall be an annual meeting, and 
shall notify all board members of the time and place of all meetings. Special meetings may 
be called at any time by a majority of the board members and shall be called by the chair 
upon written application of 9 or more members. Members of the board shall serve without 
compensation but shall be reimbursed for their expenses actually and necessarily incurred 
in the discharge of their official duties. 

(b) The board may hear complaints and investigate any incidents alleging that a 
person that has requested or received criminal offender record information has failed to 
provide the subject with the criminal offender record information in his possession prior to 
questioning the subject about his criminal history in connection with a decision regarding 
employment, volunteer opportunities, housing or professional licensing or in connection with 
an adverse decision on such an application on the basis of the criminal offender record 
information. The board may hear complaints and investigate any incidents alleging any other 
violation of sections 1 68 to 1 78 A, inclusive, or violation of board rules and regulations. The 
board may charge and collect a fee, established by the secretary, as a condition for filing a 
complaint, which fee may be waived upon a finding of indigency. Any complaint filed with 
the board shall be supported by a written declaration by the complainant that it is made under 
the penalties of perjury. An answer filed by a responding party shall be signed under the 
penalties of perjury by an individual with personal knowledge of its contents. In conducting 
investigations and hearings, the board, or department staff designated by the board, shall 
have the power to summons witnesses, compel their attendance and testimony, require the 
production of books, records and documents, administer oaths and have access to all criminal 
offender record information. The chair of the board may appoint a member, panel of 3 board 
members or a hearing officer to conduct hearings, according to the standard rules of 
adjudicatory procedure or other rules which the department may adopt, in consultation with 
the board. Following review of a complaint by a member, panel or hearing officer, the board, 



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by a vote of two-thirds of the members present and voting, shall issue a ruling as to the 
findings of the board. In accordance with its findings, the board may issue orders and 
sanctions enforcing this section and the board's rules and regulations, including, but not 
limited to, a remand for additional fact finding, the imposition of civil fines payable to the 
commonwealth not to exceed $5,000 for each knowing violation and conditions on continued 
access to criminal offender record information or revocation of access; provided, however, 
that the board shall not issue any orders, sanctions or fines against a law enforcement officer 
who, in good faith, obtains or seeks to obtain, or communicates or seeks to communicate 
criminal offender record information in the furtherance of the officer's official duties. The 
board may at any time refer a complaint for criminal prosecution under section 178 of this 
chapter. 

The board shall make an annual report of the volume and disposition of complaints 
without identifying data on any complainant or other information that would include criminal 
offender record information relative to any person reviewed by the board to the governor and 
file a copy thereof with the state secretary, the attorney general, the clerk of the house of 
representatives and the clerk of the senate. The annual report shall also be available to the 
public upon request. 

SECTION 13. Section 168 A of said chapter 6, as so appearing, is hereby amended 
by striking out, in lines 3 and 4, the words "criminal history systems board" and inserting in 
place thereof the following word:- department. 

SECTION 14. Section 168B of said chapter 6, as so appearing, is hereby amended 
by striking out, in lines 1 and 2, the words 'criminal history systems board' and inserting in 
place thereof the following words:- department. 

SECTION 15. Section 168C of said chapter 6, as so appearing, is hereby amended 
by striking out, in lines 4 and 5, the words 'criminal history systems board' and inserting in 
place thereof the following words:- department. 

SECTION 16. Section 171 of said chapter 6, as so appearing, is hereby amended by 
striking out, in lines 1 and 10, the word "board" and inserting in place thereof, in each 
instance, the following word:- department. 

SECTION 17. Section 171 of said chapter 6, as so appearing, is hereby amended by 
striking out, in lines 3 to 7, inclusive, the words "(b) assuring the prompt and complete 
purging of criminal record information, insofar as such purging is required by any statute or 
administrative regulation, by the order of any court of competent jurisdiction, or to correct 
any errors shown to exist in such information; and (c) " and inserting in place thereof the 
following words:- ;and (b). 

SECTION 18. Said section 171 of said chapter 6, as so appearing, is hereby further 
amended by striking out, in lines 35to48, inclusive, the words "Any individual aggrieved by 
an agency's decision denying access to evaluative information may appeal the denial in 
writing within thirty days thereafter to the board or to a three member panel thereof, as the 



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Chap. 256 

board may determine, and the board or such panel or any court under section one hundred 
and seventy-seven shall have access to any certificate. The adoption of such regulations by 
each criminal justice agency shall be subject to the approval of the board, and shall be 
promulgated within time limits set by the board. If any criminal justice agency holding 
evaluative information fails to promulgate such regulations, then the board shall promulgate 
such regulations with respect to that criminal justice agency. Evaluative information shall 
be subject to the provisions of section one hundred and seventy-two and section one hundred 
and seventy -eight, as if such information was criminal offender record information." 

SECTION 19. Said chapter 6, as so appearing, is hereby further amended by 
inserting after section 171 the following section:- 

Section 171 A. In connection with any decision regarding employment, volunteer 
opportunities, housing or professional licensing, a person in possession of an applicant's 
criminal offender record information shall provide the applicant with the criminal history 
record in the person's possession, whether obtained from the department or any other source 
prior to questioning the applicant about his criminal history. If the person makes a decision 
adverse to the applicant on the basis of his criminal history, the person shall also provide the 
applicant with the criminal history record in the person's possession, whether obtained from 
the department or any other source; provided, however, that if the person has provided the 
applicant with a copy of his criminal offender record information prior to questioning the 
person is not required to provide the information a second time in connection with an adverse 
decision based on this information. 

Failure to provide such criminal history information to an applicant pursuant to this 
section may subject the offending person to investigation, hearing and sanctions by the board. 
Nothing in this section shall be construed to prohibit a person from making an adverse 
decision on the basis of an individual's criminal history or to provide or permit a claim of 
an unlawful practice under chapter 1 5 IB or an independent cause of action in a court of civil 
jurisdiction for a claim arising out of an adverse decision based on criminal history except 
as otherwise provided under chapter 15 IB. 

A person who annually conducts 5 or more criminal background investigations, 
whether criminal offender record information is obtained from the department or any other 
source, shall maintain a written criminal offender record information policy providing that, 
in addition to any obligations required by the commissioner by regulation, it will: (i) notify 
the applicant of the potential adverse decision based on the criminal offender record 
information; (ii) provide a copy of the criminal offender record information and the policy 
to the applicant; and (iii) provide information concerning the process for correcting a 
criminal record. 

SECTION 20. Section 172 of said chapter 6, as appearing in the 2008 Official 
Edition, is hereby amended by inserting after the word "privacy", in lines 14 and 40, the 
following words, in each instance:- and the importance and value of successful reintegration 
of ex-offenders. 



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Chap. 256 

SECTION 21 . Said chapter 6, as so appearing, is hereby further amended by striking 
out section 172 and inserting in its place thereof the following section:- 

Section 1 72. (a) The department shall maintain criminal offender record information 
in a database, which shall exist in an electronic format and be accessible via the world wide 
web. Except as provided otherwise in this chapter, access to the database shall be limited as 
follows: 

(1) Criminal justice agencies may obtain all criminal offender record information, 
including sealed records, for the actual performance of their criminal justice duties. 
Licensing authorities, as defined in section 121 of chapter 140, may obtain all criminal 
offender record information, including sealed records, for the purpose of firearms licensing 
in accordance with sections 121 tol31P, inclusive, of chapter 140. The criminal record 
review board may obtain all criminal offender record information, including sealed records, 
for the actual performance of its duties. 

(2) A requestor authorized or required by statute, regulation or accreditation 
requirement to obtain criminal offender record information other than that available under 
clause (3) may obtain such information to the extent and for the purposes authorized to 
comply with said statute, regulation or accreditation requirement. 

(3) A requestor or the requestor's legally designated representative may obtain 
criminal offender record information for any of the following purposes: (i) to evaluate current 
and prospective employees including full-time, part-time, contract, internship employees or 
volunteers; (ii) to evaluate applicants for rental or lease of housing; (iii) to evaluate 
volunteers for services; and (iv) to evaluate applicants for a professional or occupational 
license issued by a state or municipal entity. Criminal offender record information made 
available under this section shall be limited to the following: (i) felony convictions for 10 
years following the disposition thereof, including termination of any period of incarceration 
or custody, (ii) misdemeanor convictions for 5 years following the disposition thereof, 
including termination of any period of incarceration or custody , and (iii) pending criminal 
charges, which shall include cases that have been continued without a finding until such time 
as the case is dismissed pursuant to section 1 8 of chapter 278; provided, however, that prior 
misdemeanor and felony conviction records shall be available for the entire period that the 
subject's last available conviction record is available under this section; and provided further, 
that a violation of section 7 of chapter 209 A and a violation of section 9 of chapter 25 8E 
shall be treated as a felony for purposes of this section. 

(4) Any member of the general public may upon written request to the department 
and in accordance with regulations established by the department obtain the following 
criminal offender record information on a subject: (i) convictions for any felony punishable 
by a term of imprisonment of 5 years or more; (ii) information indicating custody status and 
placement within the correction system for an individual who has been convicted of any 
offense and sentenced to any term of imprisonment, and at the time of the request: is serving 
a sentence of probation or incarceration, or is under the custody of the parole board; (iii) 
felony convictions for 2 years following the disposition thereof, including any period of in- 



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Chap. 256 

carceration or custody; and (iv) misdemeanor convictions for 1 year following the disposition 
thereof, including any period of incarceration or custody. 

(5) A subject who seeks to obtain his own criminal offender record information and 
the subject's legally designated representative may obtain all criminal offender record 
information from the department pertaining to the subject under section 175. 

(6) The commissioner may provide access to criminal offender record information 
to persons other than those entitled to obtain access under this section, if the commissioner 
finds that such dissemination to such requestor serves the public interest. Upon such a 
finding, the commissioner shall also determine the extent of access to criminal offender 
record information necessary to sustain the public interest. The commissioner shall make 
an annual report to the governor and file a copy of the report with the state secretary, the 
attorney general, the clerk of the house of representatives and the clerk of the senate 
documenting all access provided under this paragraph, without inclusion of identifying data 
on a subject. The annual report shall be available to the public upon request. 

(7) Housing authorities operating pursuant to chapter 121B may obtain from the 
department conviction and pending criminal offender record information for the sole purpose 
of evaluating applications for housing owned by such housing authority, in order to further 
the protection and well-being of tenants of such housing authorities. 

(8) The department of telecommunications and energy may obtain from the 
department all available criminal offender record information for the purpose of screening 
applicants for motor bus driver certificates and applicants who regularly transport school age 
children or students under chapter 71B in the course of their job duties. The department of 
public utilities shall not disseminate such information for any purpose other than to further 
the protection of children. 

(9) The department of children and families and the department of youth services may 
obtain from the department data permitted under section 172B. 

(10) A person providing services in a home or community-based setting for any 
elderly person or disabled person or who will have direct or indirect contact with such elderly 
or disabled person or access to such person's files may obtain from the department data 
permitted under section 172C. 

(11) The IV-D agency as set forth in chapter 1 19A may obtain from the department 
data permitted under section 172D and section 14 of chapter 1 19A. 

(12) A long-term care facility, as defined in section 72 W of chapter 1 1 1 , an assisted 
living residence as defined in section 1 of chapter 19D, and any continuing care facility as 
defined in section 1 of chapter 40D may obtain from the department data permitted under 
section 172E. 

(13) The department of early education and care may obtain from the department data 
permitted under section 172F. 

(14) Operators of camps for children may obtain from the department data permitted 
under section 172G. 



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Chap. 256 

(15) An entity or organization primarily engaged in providing activities or programs 
to children 18 years of age or younger that accepts volunteers may obtain from the 
department data permitted under section 1 72H. 

(16) School committees or superintendents that have contracted with taxicab 
companies to provide for the transportation of pupils pursuant to section 7 A of chapter 71 
may obtain from the department data permitted under section 1 721. 

(17) The commissioner of banks may obtain from the department data permitted 
under section 172J, section 3 of chapter 255E and section 3 of chapter 255F. 

(1 8) A children's camp or school that plans to employ a person or accept a volunteer 
for a climbing wall or challenge course program may obtain from the department data 
permitted under section 172K. 

(19) A victim of a crime, a witness or a family member of a homicide victim, as 
defined in section 1 of chapter 258B, may obtain from the department data permitted under 
section 178 A. 

(20) The motor vehicle insurance merit rating board may obtain from the department 
data permitted under section 183. 

(21) The department of early education and care, or its designee, may obtain from the 
department data permitted under sections 6 and 8 of chapter 15D. 

(22) The district attorney may obtain from the department data permitted under 
section 2 A of chapter 38. 

(23) A school committee and superintendent of any city, town or regional school 
district and the principal, by whatever title the position be known, of a public or accredited 
private school of any city, town or regional school district, may obtain from the department 
data permitted under section 38R of chapter 71 . 

(24) The Massachusetts Port Authority may obtain from the department data 
permitted under section 61 of chapter 90. 

(25) The department of social services may obtain from the department data permitted 
under section 26 A of chapter 1 19, section 3B of chapter 210. 

(26) The state racing commission may obtain from the department data permitted 
under section 9A of chapter 128A. 

(27) A court, office of jury commissioner, and the clerk of court or assistant clerk 
may obtain from the department data permitted under section 33 of chapter 23 4 A. 

(28) The pension fraud unit within the public employee retirement administration 
commission may obtain from the department data permitted under section 1 of chapter 338 
of the acts of 1990. 

(29) Special education school programs approved under chapter 7 1 B may obtain from 
the department all criminal offender record information provided for in paragraph (3) of 
subsection (a). 

(30) The department shall configure the database to allow for the exchange, dis- 
semination, distribution and direct connection of the criminal record information system to 
criminal record information systems in other states and relevant federal agencies including 



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Chap. 256 

the Federal Bureau of Investigation and Immigration and Customs Enforcement that utilize 
fingerprint or iris scanning and similar databases. 

(b) Notwithstanding the foregoing, convictions for murder, voluntary manslaughter, 
involuntary manslaughter, and sex offenses as defined in section 178C of chapter 6 that are 
punishable by a term of incarceration in state prison shall remain in the database permanently 
and shall be available to all requestors listed in paragraphs (1) through (3), inclusive, of 
subsection (a) unless sealed under section 100A of chapter 276. 

(c) The department shall specify the information that a requestor shall provide to 
query the database, including, but not limited to, the subject's name, date of birth and the last 
4 digits of the subject's social security number; provided, however, that a member of the 
public accessing information under paragraph (4) of subsection (a) shall not be required to 
provide the last four digits of the subject's social security number. To obtain criminal 
offender record information concerning a subject pursuant to subsection (a)(2) or (a)(3), the 
requestor must certify under the penalties of perjury that the requestor is an authorized 
designee of a qualifying entity, that the request is for a purpose authorized under subsection 
(a)(2) or (a)(3), and that the subject has signed an acknowledgement form authorizing the 
requestor to obtain the subject's criminal offender record information. The requestor must 
also certify that he has verified the identity of the subject by reviewing a form of 
government-issued identification. Each requestor shall maintain acknowledgement forms 
for a period of 1 year from the date the request is submitted. Such forms shall be subject to 
audit by the department. The department may establish rules or regulations imposing other 
requirements or affirmative obligations upon requestors as a condition of obtaining access 
to the database; provided, however, that such additional rules and regulations are not in 
conflict with the state and federal Fair Credit Reporting Acts. 

In connection with any decision regarding employment, volunteer opportunities, 
housing or professional licensing, a person in possession of an applicant's criminal offender 
record information shall provide the applicant with the criminal history record in the person' s 
possession, whether obtained from the department or any other source, (a) prior to 
questioning the applicant about his criminal history and (b) if the person makes a decision 
adverse to the applicant on the basis of his criminal history; provided, however, that if the 
person has provided the applicant with a copy of his criminal offender record information 
prior to questioning the person is not required to provide the information a second time in 
connection with an adverse decision based on this information. Failure to provide such 
criminal history information to the individual in accordance with this section may subject the 
offending person to investigation, hearing and sanctions by the board. 

(d) Except as authorized by this section, it shall be unlawful to request or require a 
person to provide a copy of his criminal offender record information. Violation of this 
subsection is punishable by the penalties set forth in section 178. 

(e) No employer or person relying on volunteers shall be liable for negligent hiring 
practices by reason of relying solely on criminal offender record information received from 



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Chap. 256 

the department and not performing additional criminal history background checks, unless 
required to do so by law; provided, however, that the employer made an employment 
decision within 90 days of obtaining the criminal offender record information and maintained 
and followed policies and procedures for verification of the subject' s identifying information 
consistent with the requirements set forth in this section and in the department's regulations. 

No employer shall be liable for discriminatory employment practices for the failure 
to hire a person on the basis of criminal offender record information that contains erroneous 
information requested and received from the department, if the employer would not have 
been liable if the information had been accurate; provided, however, that the employer made 
an employment decision within 90 days of obtaining the criminal offender record information 
and maintained and followed policies and procedures for verification of the individual's 
information consistent with the requirements set forth in this section and the department's 
regulations. 

Neither the board nor the department shall be liable in any civil or criminal action by 
reason of any criminal offender record information or self-audit log that is disseminated by 
the board, including any information that is false, inaccurate or incorrect because it was 
erroneously entered by the court or the office of the commissioner of probation. 

(f) A requestor shall not disseminate criminal offender record information except 
upon request by a subject; provided, however, that a requestor may share criminal offender 
record information with individuals within the requesting entity that have a need to know the 
contents of the criminal offender record information to serve the purpose for which the 
information was obtained; and provided further, that upon request, a requestor shall share 
criminal offender record information with the government entities charged with overseeing, 
supervising, or regulating them. A requestor shall maintain a secondary dissemination log 
for a period of one year following the dissemination of a subject's criminal offender record 
information. The log shall include the following information: (i) name of subject; (ii) date 
of birth of the subject; (iii) date of the dissemination; (iv) name of person to whom it was 
disseminated; and (v) the purpose for the dissemination. The secondary dissemination log 
shall be subject to audit by the department. 

Unless otherwise provided by law or court order, a requestor shall not maintain a 
copy, electronic or otherwise, of requested criminal offender record information obtained 
from the department for more than 7 years from the last date of employment, volunteer 
service or residency or from the date of the final decision of the requestor regarding the 
subject. 

(g) The department shall maintain a log of all queries that shall indicate the name of 
the requestor, the name of the subject, the date of the query, and the certified purpose of the 
query. A self-audit may be requested for no fee once every 90 days. The commissioner may 
impose a fee in an amount as determined by the secretary of public safety and security, for 
self-audit requests made more than once every 90 days. Upon request, the commissioner 
may transmit the self-audit electronically. Further, if funding is available and technology 
reasonably allows, the department shall establish a mechanism that will notify a subject, or 



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an advocate or agent designated by the subject, by electronic mail or other communication 
mechanism whenever a query is made regarding the subject. The self-audit log and query 
log shall not be considered a public record. 

(h) Notwithstanding the provisions of this section, the motor vehicle insurance merit 
rating board may disseminate information concerning convictions of automobile law 
violations as defined in section 1 of chapter 90C, or information concerning a charge of 
operating a motor vehicle while under the influence of intoxicating liquor that results in 
assignment to a driver alcohol program as described in section 24D of chapter 90, directly 
or indirectly, to an insurance company doing motor vehicle insurance business within the 
commonwealth, or to such insurance company's agents, independent contractors or 
policyholders to be used exclusively for motor vehicle insurance purposes. 

(i) Notwithstanding any other provisions of this section, information indicating 
custody status and placement within the correction system shall be available to any person 
upon request; provided, however that no information shall be disclosed that identifies family 
members, friends, medical or psychological history, or any other personal information unless 
such information is directly relevant to such release or custody placement decision, and no 
information shall be provided if its release would violate any other provisions of state or 
federal law. 

(j) The parole board, subject to sections 130 and 154 of chapter 127, the department 
of correction, a county correctional authority or a probation officer with the approval of a 
justice of the appropriate division of the trial court may, in its discretion, make available a 
summary, which may include references to criminal offender record information or 
evaluative information, concerning a decision to release an individual on a permanent or 
temporary basis, to deny such release, or to change the individual's custody status. 

(k) Notwithstanding any other provision of this section or any other general or special 
law to the contrary, members of the public who are in fear of an offender may obtain from 
the department advance notification of the temporary or permanent release of an offender 
from custody, including but not limited to expiration of a sentence, furlough, parole, work 
release or educational release. An individual seeking access to advance notification shall 
verify by a written declaration under the penalties of perjury that the individual is in fear of 
the offender and that advance notification is warranted for physical safety reasons. 

(1) Any individual or entity that receives or obtains criminal offender record 
information from any source in violation of sections 1 68 through 1 75 of this chapter, whether 
directly or through an intermediary, shall not collect, store, disseminate, or use such criminal 
offender record information in any manner or for any purpose. 

(m) Notwithstanding this section or chapter 66A, the following shall be public 
records: (1) police daily logs, arrest registers, or other similar records compiled 
chronologically; (2) chronologically maintained court records of public judicial proceedings; 
(3) published records of public court or administrative proceedings, and of public judicial 
administrative or legislative proceedings; and (4) decisions of the parole board as provided 
in section 130 of chapter 127. 



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Chap. 256 

(n) The commissioner, upon the advice of the board, shall promulgate rules and 
regulations to carry out the provisions of this section. 

SECTION 22. Said chapter 6, as appearing in the 2008 Official Edition, is hereby 
further amended by striking out section 1 72A and inserting in place thereof the following 
section:- 

Section 172A. The commissioner shall assess a fee for each request for criminal 
offender record information or self-audit, according to a fee structure established by the 
secretary of public safety and security. No fee shall be assessed for a request made by a 
victim of crime or a witness or a family member of a homicide victim, all as defined in 
section 1 of chapter 258B, or for a request made by any local, state or federal government 
entity. The commissioner shall waive the fee or a portion of the fee from such other persons 
as provided in the department's rules and regulations. The department is authorized to enter 
into contracts and agreements for reduced or bulk fees for requestors who make extensive 
use of the database. 

The department shall be authorized, subject to appropriation, to retain a portion of 
the revenues received by the commonwealth under this section for the following purposes: 
to assist ex-offenders in obtaining and maintaining employment, including, but not limited 
to, workforce development training and other applicable training programs, training and 
auditing requestors described in subsection (a) of section 172, providing education and 
assistance regarding the correction of criminal records, including but not limited to, training 
judges, providing the necessary information to employers and other applicable persons in 
possession of an applicant's criminal offender record information, and to operate and 
maintain the public safety information system and the criminal records review board. 

SECTION 23. Said chapter 6, as so appearing, is hereby further amended by 
inserting after section 172B the following section:- 

Section \12QVz. Municipalities may, by local ordinance, require applicants for 
licenses in specified occupations to submit a full set of fingerprints for the purpose of 
conducting a state and national criminal history records check pursuant to sections 168 and 
172 and 28 U.S.C. §534. Fingerprint submissions may be submitted by the licensing 
authority to the identification unit within the department of state police through the criminal 
history systems board, or its successor, for a state criminal records check and to the Federal 
Bureau of Investigation for a national criminal records check. 

Municipalities may, by local ordinance, establish the appropriate fee charged to 
applicants for administering a fingerprinting system. For the purposes of section 2LLL of 
chapter 29, $30 of the fee shall be deposited into the Firearms Fingerprint Identity 
Verification Trust Fund and the remainder of the fee may be retained by the licensing 
authority for costs associated with the administration of the system. 

SECTION 24. Section 172C of said chapter 6, as so appearing, is hereby amended 
by striking out, in lines 30 and 3 1, the words "criminal history systems board" and inserting 
in place thereof the following word:- department. 



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Chap. 256 

SECTION 25. Said chapter 6 is hereby further amended by striking out section 
172E, as so appearing, and inserting in place thereof the following section:- 

Section 1 72E. Notwithstanding any provision of section 1 72 to the contrary, criminal 
offender record information shall be available to a long term care facility, as defined in 
section 72 W of chapter 1 1 1, an assisted living residence as defined in section 1 of chapter 
19D, and to any continuing care facility as defined in section 1 of chapter 40D, for the 
purpose of evaluating applicants under final consideration as, or an individual currently 
working as, an employee, a volunteer or a provider of care, treatment, education, training, 
transportation, delivery of meals, instruction, counseling, supervision, recreation or other 
services for an elderly or disabled person or for the purpose of evaluating applicants under 
final consideration for, or an individual currently working in, a position involving direct or 
indirect contact with such elderly or disabled persons or access to such persons' personal 
information. A long-term care facility, assisted living residence or continuing care facility 
shall obtain all available criminal offender record information from the department on such 
applicant or current staff member. A long-term care facility, assisted living residence or 
continuing care facility which obtains information under this section shall prohibit the 
dissemination of such information for any purpose other than to further the protection of the 
elderly or the disabled; provided, further that dissemination among and between long term 
care facilities, assisted living residences or continuing care facilities shall be permitted. 

SECTION 26. Section 172G of said chapter 6, as so appearing, is hereby amended 
by striking out, in line 5, the words 'criminal history systems board' and inserting in place 
thereof the following word:- department. 

SECTION 27. Section 172H of said chapter 6, as so appearing, is hereby amended 
by striking out, in line 4, the words "that accepts volunteers,". 

SECTION 28. Said section 172H of said chapter 6, as so appearing, is hereby 
further amended by striking out, in line 5, the words 'criminal history systems board' and 
inserting in place thereof the following word:- department. 

SECTION 29. Said section 172H of said chapter 6, as so appearing, is hereby 
further amended by striking out, in line 6, the words "a volunteer" and inserting in place 
thereof the following words:- an employee, volunteer, vendor or contractor. 

SECTION 30. Section 1721 of said chapter 6, as so appearing, is hereby amended 
by striking out, in lines 8 and 9, the words "criminal history systems board" and inserting in 
place thereof the following word:- department. 

SECTION 31. Section 172 J of said chapter 6, as so appearing, is hereby amended 
by striking out, in line 4, the words 'criminal history systems board,' and inserting in place 
thereof the following word:- department. 

SECTION 32. Section 172K of said chapter 6 of the General Laws, inserted by 
section 1 of chapter 43 of the acts of 2009, is hereby amended by striking out, each time they 
appear, the words "criminal history systems board" and inserting in place thereof the 
following words:- department. 



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Chap. 256 

SECTION 33. Section 173 of said chapter 6, as so appearing, is hereby amended by 
striking out, in line 1 , the words "The board", and inserting in place thereof the following 
words:- The commissioner may approve research programs to obtain criminal offender 
record information; provided, however, that said research programs shall not publish any 
information that either identifies or tends to identify the subject of the criminal offender 
record information, and the commissioner. 

SECTION 34. Said section 173 of said chapter 6, as so appearing, is hereby further 
amended by striking out, in lines 7, 9 and 10 the word "board", and inserting in place thereof, 
in each instance, the following word:- commissioner. 

SECTION 35. Said chapter 6, as so appearing, is hereby further amended by striking 
out section 175 and inserting in place thereof the following section:- 

Section 175. A subject shall have the right to inspect, and if practicable, obtain a 
copy of all criminal offender record information from the department that refers to the 
subject. The commissioner shall publish and furnish, upon request, guidelines for 
individuals on how to correct inaccurate or incomplete information. Subject to 
appropriation, the department shall provide assistance to individuals that have requested 
assistance to correct inaccurate or incomplete criminal offender record information. Such 
assistance shall include but not be limited to cooperation with appropriate entities to correct, 
modify or appropriately supplement criminal offender record information that has been 
determined to be inaccurate or incomplete. If criminal offender record information is 
corrected by the office of the commissioner of probation or the courts, any corrections made 
by such commissioner or court shall be transmitted forthwith to the department and the 
department's database shall reflect the corrected criminal offender record information. 

Requestors shall prescribe reasonable hours and places for subjects to inspect their 
criminal offender record information under subsection (f) of section 172 and shall impose 
such additional restrictions as are reasonably necessary both to ensure the record's security 
and to verify the identities of those who seek to inspect them. 

SECTION 36. Said chapter 6 is hereby further amended by striking out section 1 78, 
as so appearing, and inserting in place thereof the following 2 sections :- 

Section 178. An individual or entity who knowingly requests, obtains or attempts to 
obtain criminal offender record information or a self-audit from the department under false 
pretenses, knowingly communicates or attempts to communicate criminal offender record 
information to any other individual or entity except in accordance with the provisions of 
sections 1 68 through 1 75, or knowingly falsifies criminal offender record information, or any 
records relating thereto, or who requests or requires a person to provide a copy of his or her 
criminal offender record information except as authorized pursuant to section 172, shall for 
each offense be punished by imprisonment in a jail or house of correction for not more than 
1 year or by a fine of not more than $5,000 or by both such fine and imprisonment, and in 
the case of an entity that is not a natural person, the amount of the fine may not be more than 
$50,000 for each violation. 



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Chap. 256 

An individual or entity who knowingly requests, obtains or attempts to obtain 
juvenile delinquency records from the department under false pretenses, knowingly 
communicates or seeks to communicate juvenile criminal records to any other individual or 
entity except in accordance with the provisions of sections 168 through 175, or knowingly 
falsifies juvenile criminal records, shall for each offense be punished by imprisonment in a 
jail or house of correction for not more than 1 year or by a fine of not more than $7,500, or 
by both such fine and imprisonment, and in the case of an entity that is not a natural person, 
the amount of the fine may not be more than $75,000 for each violation. 

This section shall not apply to, and no prosecution shall be brought against, a law 
enforcement officer who, in good faith, obtains or seeks to obtain or communicates or seeks 
to communicate criminal offender record information in the furtherance of his or her official 
duties. 

Section 1 78>4. Whoever uses criminal offender record information to commit a crime 
against the subject of the criminal offender record information or to engage in harassment 
of the subject, shall be punished by a fine of not more than $5,000 or by imprisonment in a 
jail or house of correction for not more than 1 year, or by both such fine and imprisonment. 
For purposes of this section, "harassment" shall mean willfully and maliciously engaging in 
a knowing pattern of conduct or series of acts over a period of time directed at a specific 
person, which seriously alarms that person and would cause a reasonable person to suffer 
emotional distress. 

SECTION 37. Said chapter 6 is hereby further amended by striking out section 
178 A, as so appearing, and inserting in place thereof the following section:- 

Section 178 A. A victim of crime, witness or family member of a homicide victim, 
all as defined by section 1 of chapter 258B, may obtain all available criminal offender record 
information of the person accused or convicted of said crime. Criminal justice agencies may 
also disclose to such persons such additional information, including, but not limited to, 
evaluative information, as such agencies determine is reasonably necessary for the security 
and well being of such persons. 

SECTION 38. Section 178C of said chapter 6, as so appearing, is hereby amended 
by striking out, in lines 1 2 and 1 3 and in line 5 1 , the words "criminal history systems board" 
and inserting in place thereof, in each instance, the following word:- department. 

SECTION 39. Section 178D of said chapter 6, as so appearing, is hereby amended 
by striking out, in line 2, the words "criminal history systems board" and inserting in place 
thereof the following word:- department. 

SECTION 40. Section 178F of chapter 6, as so appearing, is hereby amended by 
striking out, in lines 14 to 16, inclusive, the words "A sex offender who lists a homeless 
shelter as his residence shall verify registration data every 45 days" and inserting in place 
thereof the following words: - A homeless sex offender shall verify registration data every 
30 days. 

SECTION 41. Section 178F!/ 2 of chapter 6, as so appearing, is hereby amended by 
striking out, in lines 14 to 15, the words "Such sex offender who lists a homeless shelter as 



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Chap. 256 

his residence shall appear in person at such local police department every 45 days" and 
inserting in place thereof the following words:- A homeless sex offender shall appear in 
person at such local police department every 30 days. 

SECTION 42. Said chapter 6, as so appearing, is hereby amended by inserting, after 
section 178F/4,the following section:- 

Section 178F%. A homeless sex offender shall wear a global positioning system 
device, or any comparable device, administered by the commissioner of probation. 

SECTION 43. Section 178K of said chapter 6, as so appearing, is hereby amended 
by striking out, in lines 1 to 2, the words "in the criminal history systems board, but not 
subject to its jurisdiction", and inserting in place thereof the following words:- in the 
executive office of public safety and security. 

SECTION 44. Section 1 83 of said chapter 6, as so appearing, is hereby amended by 
striking out, in lines 27 and 32, the words 'criminal history systems board' and inserting in 
place thereof, in each instance, the following words:- department of criminal justice 
information services. 

SECTION 45. Chapter 6A of the General Laws, as so appearing, is hereby amended 
by striking out section 18 and inserting in place thereof the following section:- 

Section 18. The following state agencies are hereby declared to be within the 
executive office of public safety and security : the department of public safety; the department 
of fire services; the office of grants and research and the highway safety division; the 
municipal police training committee; the Massachusetts department of criminal justice 
information services; the state 91 1 department; the department of state police; the office of 
the chief medical examiner; the Massachusetts emergency management agency; the military 
department; the department of correction, including the parole board; the sex offender 
registry board; and all other agencies and boards within said departments, committees and 
boards. 

SECTION 46. Section 1 8 J4 of said chapter 6A, as so appearing, is hereby amended 
by striking out, in line 10, the words "criminal history systems board" and inserting in place 
thereof the following words:- department of criminal justice information services. 

SECTION 47. Section 1 8 % of said chapter 6 A, as so appearing, is hereby amended 
by striking out, in lines 2 and 3, the words 'criminal history systems board' and inserting in 
place thereof the following words:- department of criminal justice information services. 

SECTION 48. Section 4 of chapter 18C of the General Laws, as so appearing, is 
hereby amended by striking out, in lines 22 and 23, the words "executive director of the 
criminal history systems board" and inserting in place thereof the following words :- 
commissioner of the department of criminal justice information services. 

SECTION 49. Section 1 of chapter 22A of the General Laws, as so appearing , is 
hereby amended by striking out the definition of 'Board'. 

SECTION 50. Said section 1 of said chapter 22 A, as so appearing, is hereby further 
amended by inserting after the definition of 'Central register' the following definition:- 



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Chap. 256 

'Department', the department of criminal justice information services. 

SECTION 51. Section 3 of said chapter 22A, as so appearing, is hereby amended 
by striking out, in line 10, the word 'board' and inserting in place thereof the following 
word:- department. 

SECTION 52. Section 32 of chapter 22C of the General Laws, as so appearing, is 
hereby amended by striking out, in line 4, the words 'criminal history systems board' and 
inserting in place thereof the following words:- department of criminal justice information 
services. 

SECTION 53. Section 36 of said chapter 22C, as so appearing, is hereby amended 
by striking out, in line 17, the words "criminal history systems board" and inserting in place 
thereof the following words:- department of criminal justice information services. 

SECTION 54. Section 38 of said chapter 22C, as so appearing, is hereby amended 
by striking out, in line 25, the words "criminal history systems board" and inserting in place 
thereof the following words:- department of criminal justice information services. 

SECTION 55. Section 9 of chapter 22E of the General Laws, as so appearing, is 
hereby amended by striking out, in line 5, the words 'criminal history systems board' and 
inserting in place thereof the following words:- department of criminal justice information 
services. 

SECTION 56. Chapter 30A of the General Laws, as so appearing, is hereby 
amended by inserting after section 1C the following section:- 

Section ID. The criminal record review board shall be subject to sections 1 to 8, 
inclusive, and shall not otherwise be subject to this chapter. 

SECTION 57. Section 36 A of chapter 40 of the General Laws, as appearing in the 
2008 Official Edition, is hereby amended by striking out, in line 25, the words 'criminal 
history systems board' and inserting in place thereof the following words:- department of 
criminal justice information services. 

SECTION 58. Section 10 of chapter 66 of the General Laws, as so appearing, is 
hereby amended by striking out, in line 50, the words "executive director of the criminal 
history systems board" and inserting in place thereof the following words:- commissioner of 
the department of criminal justice information services. 

SECTION 59. Said section 1 of said chapter 66, as so appearing, is hereby further 
amended by striking out, in lines 50 and 5 1 , the words "criminal history systems board" and 
inserting in place thereof the following words:- department of criminal justice information 
services. 

SECTION 60. Section 1 of chapter 71 of the General Laws, as appearing in the 2008 
Official Edition, shall be amended by inserting after the word "development" , in line 1 9, the 
following words:- safe and healthy relationships with a focus on preventing sexual and 
domestic violence. 

SECTION 61. Chapter 71 of the General Laws, as appearing in the 2008 Official 
Edition, is hereby amended by inserting after section 2B the following section:- 



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Chap. 256 

Section 2C. Each school district in the commonwealth, subject to appropriation, shall 
implement a specific policy and discipline code to address teen dating violence in public 
schools. The policy shall clearly state that dating violence will not be tolerated and shall 
include guidelines for addressing alleged incidents of dating violence. The policy may 
include a teen dating violence prevention task force comprised of staff, students and parents 
to provide awareness training and education for the school community. Topics to,be covered 
in the policy include, without limitation, defining the issue of teen dating violence, 
recognizing warning signs, identifying issues of confidentiality, safety and appropriate legal 
school-based interventions. 

SECTION 62. Section 38R of chapter 71 of the General Laws, as so appearing, is 
hereby amended by striking out, in lines 5 and 6 and in lines 1 1 and 12, the words "criminal 
history systems board" and inserting in place thereof, in each instance, the following words:- 
department of criminal justice information services. 

SECTION 63. Section 24 of chapter 90 of the General Laws, as so appearing, is 
hereby amended by striking out, in line 705, the words "criminal history systems board" and 
inserting in place thereof the following words:- department of criminal justice information 
services. 

SECTION 64. Section 24N of chapter 90 of the General Laws, as so appearing, is 
hereby amended by striking out, in lines 3 1 , 44 and 83, the words "criminal history systems 
board" and inserting in place thereof, in each instance, the following words:- department of 
criminal justice information services. 

SECTION 65. Section 52 of chapter 93 of the General Laws, as so appearing, is 
hereby amended by inserting after the word "more;", in line 21, the following word:- or. 

SECTION 66. Said section 52 of said chapter 93, as so appearing, is hereby further 
amended by striking out, in lines 24 to 27, inclusive, the words "; or (3) the employment of 
any individual at annual salary which equals or which may reasonably be expected to equal 
twenty thousand dollars or more". 

SECTION 67. Section 32 of chapter 94C of the General Laws, as so appearing, is 
hereby amended by adding the following subsection:- 

(c) Any person serving a mandatory minimum sentence for violating any provision 
of this section shall be eligible for parole after serving one-half of the maximum term of the 
sentence if the sentence is to the house of correction, except that such person shall not be 
eligible for parole upon a finding of any 1 of the following aggravating circumstances: 

(i) the defendant used violence or threats of violence or possessed a firearm, rifle, 
shotgun, machine gun or a weapon described in paragraph (b) of section 10 of chapter 269, 
or induced another participant to do so, during the commission of the offense; 

(ii) the defendant engaged in a course of conduct whereby he directed the activities 
of another who committed any felony in violation of chapter 94C; or 

(iii) the offense was committed during the commission or attempted commission of 
a violation of section 32F or section 32K of chapter 94C. 



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Chap. 256 

A condition of such parole may be enhanced supervision; provided, however, that 
such enhanced supervision may, at the discretion of the parole board, include, but shall not 
be limited to, the wearing of a global positioning satellite tracking device or any comparable 
device, which shall be administered by the board at all times for the length of the parole. 

SECTION 68. Section 32A of said chapter 94C, as so appearing, is hereby amended 
by adding the following subsection:- 

(e) Any person serving a mandatory minimum sentence for violating this section shall 
be eligible for parole after serving one-half of the maximum term of the sentence if the 
sentence is to the house of correction, provided that said person shall not be eligible for 
parole upon a finding of any one of the following aggravating circumstances: 

(i) the defendant used violence or threats of violence or possessed a firearm, rifle, 
shotgun, machine gun or a weapon described in paragraph (b) of section 10 of chapter 269, 
or induced another participant to do so, during the commission of the offense; 

(ii) the defendant engaged in a course of conduct whereby he directed the activities 
of another who committed any felony in violation of chapter 94C; or 

(iii) the offense was committed during the commission or attempted commission of 
a violation of section 32F or section 32K of chapter 94C. 

A condition of such parole may be enhanced supervision; provided, however, that 
such enhanced supervision may, at the discretion of the parole board, include, but shall not 
be limited to, the wearing of a global positioning satellite tracking device or any comparable 
device, which shall be administered by the board at all times for the length of the parole. 

SECTION 69. Section 32B of said chapter 94C, as so appearing, is hereby amended 
by adding the following subsection:- 

(c) Any person serving a mandatory minimum sentence for violating this section shall 
be eligible for parole after serving one-half of the maximum term of the sentence if the 
sentence is to the house of correction, except that such person shall not be eligible for parole 
upon a finding of any 1 of the following aggravating circumstances: 

(i) the defendant used violence or threats of violence or possessed a firearm, rifle, 
shotgun, machine gun or a weapon described in paragraph (b) of section 10 of chapter 269, 
or induced another participant to do so, during the commission of the offense; 

(ii) the defendant engaged in a course of conduct whereby he directed the activities 
of another who committed any felony in violation of chapter 94C; or 

(iii) the offense was committed during the commission or attempted commission of 
a violation of section 32F or section 32K of chapter 94C. 

A condition of such parole may be enhanced supervision; provided, however, that 
such enhanced supervision may, at the discretion of the parole board, include, but shall not 
be limited to, the wearing of a global positioning satellite tracking device or any comparable 
device, which shall be administered by the board at all times for the length of the parole. 

SECTION 70. Section 32E of said chapter 94C, as so appearing, is hereby amended 
by adding the following subsection: - 



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Chap. 256 

(d) Any person serving a mandatory minimum sentence for violating this section shall 
be eligible for parole after serving one-half of the maximum term of the sentence if the 
sentence is to the house of correction, except that such person shall not be eligible for parole 
upon a finding of any 1 of the following aggravating circumstances: 

(i) the defendant used violence or threats of violence or possessed a firearm, rifle, 
shotgun, machine gun or a weapon described in paragraph (b) of section 10 of chapter 269, 
or induced another participant to do so, during the commission of the offense; 

(ii) the defendant engaged in a course of conduct whereby he directed the activities 
of another others who committed any felony in violation of chapter 94C; or 

(iii) the offense was committed during the commission or attempted commission of 
a violation of section 32F or section 32K of chapter 94C. 

A condition of such parole may be enhanced supervision; provided, however, that 
such enhanced supervision may, at the discretion of the parole board, include, but shall not 
be limited to, the wearing of a global positioning satellite tracking device or any comparable 
device, which shall be administered by the board at all times for the length of the parole. 

SECTION 71. Section 32H of said chapter 94C, as so appearing, is hereby amended 
by striking out the second paragraph and inserting in place thereof the following paragraph :- 

A person convicted of violating said sections shall not, until he shall have served the 
mandatory minimum term of imprisonment established in said sections, be eligible for 
probation, furlough, work release or receive any deduction from his sentence for good 
conduct under sections 129C and 129D of chapter 127, nor shall he be eligible for parole 
except as authorized pursuant to subsection (c) of Section 32, subsection (e) of section 32A, 
subsection (c) of section 32B, subsection (d) of section 32E, or section 32J; provided, 
however, that the commissioner of correction, on the recommendation of the warden, 
superintendent or other person in charge of the correctional institution, or a sheriff, on the 
recommendation of the administrator of a county correctional institution, may grant to said 
offender a temporary release, subject to the rules and regulations of the institution and under 
the direction, control and supervision of the officers thereof, for the following purposes: (1) 
to attend the funeral of a relative, to visit a critically ill relative, to obtain emergency medical 
or psychiatric services unavailable at said institution; (2) to participate in education, training, 
or employment programs established under section 48 of chapter 127; or (3) to participate 
in a program to provide services under section 49B or 49C of chapter 127. Section 87 of 
chapter 276 shall not apply to any person, 1 7 years of age or older, charged with a violation 
of said sections, or to any child between age 14 and 17, so charged by indictment under 
section 54 of chapter 119. 

SECTION 72. Section 32 J of said chapter 94C, as so appearing, is hereby amended 
by adding the following paragraph:- 

Any person serving a mandatory minimum sentence for violating this section shall 
be eligible for parole after serving one-half of the maximum term of the sentence if the 
sentence is to a house of correction, except that such person shall not be eligible for parole 
upon a finding of any 1 of the following aggravating circumstances: 



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Chap. 256 

(i) the defendant used violence or threats of violence or possessed a firearm, rifle, 
shotgun, machine gun or a weapon described in paragraph (b) of section 10 of chapter 269, 
or induced another participant to do so, during the commission of the offense; 

(ii) the defendant engaged in a course of conduct whereby he directed the activities 
of another who committed any felony in violation of chapter 94C. 

(iii) the offense was committed during the commission or attempted commission of 
the a violation of section 32F or section 32K of chapter 94C. 

A condition of such parole may be enhanced supervision; provided, however, that 
such enhanced supervision may, at the discretion of the parole board, include, but shall not 
be limited to, the wearing of a global positioning satellite tracking device or any comparable 
device, which shall be administered by the board at all times for the length of the parole. 

SECTION 73. Section 34 of chapter 101 of the General Laws, as so appearing, is 
hereby amended by striking out, in line 9 1 and in lines 96 and 97, the words 'criminal history 
systems board' and inserting in place thereof, in each instance, the following words:- 
department of criminal justice information services. 

SECTION 74. Section 71 of chapter 111 of the General Laws, as so appearing, is 
hereby amended by striking out, in lines 43 and 44, the words "criminal history systems 
board" and inserting in place thereof the following words:- department of criminal justice 
information services. 

SECTION 75. Section 12AV£ of chapter 112 of the General Laws, as so appearing, 
is hereby amended by striking out, in line 5, the words "criminal history systems board" and 
inserting in place thereof the following words:- department of criminal justice information 
services. 

SECTION 76. Section 9 of chapter 123 A of the General Laws, as so appearing, is 
hereby amended by striking out, in line 51, the words 'criminal history systems board' and 
inserting in place thereof the following words:- department of criminal justice information 
services. 

SECTION 77. Section 14 of chapter 123 A of the General Laws, as so appearing, is 
hereby amended by striking out the first sentence and inserting in place thereof the following 
2 sentences:- The district attorney, or the attorney general at the request of the district 
attorney, may petition the court for a trial. In any trial held pursuant to this section, either 
the person named in the petition or the petitioning party may demand, in writing, that the 
case be tried to a jury and, upon such demand, the case shall be tried to a jury. 

SECTION 78. Section 2 of chapter 127 of the General Laws, as so appearing, is 
hereby amended by striking out, in lines 5 and 6, the words 'criminal history systems board' 
and inserting in place thereof the following words:- department of criminal justice 
information services. 

SECTION 79. Said chapter 1 27 is hereby further amended by inserting after section 
20A the following section:- 



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Chap. 256 

Section 20B. The sheriff of any county and, in the case of women who are committed 
as pretrial detainees to the Massachusetts Correctional Institution at Framingham, the 
commissioner of correction, subject to rules and regulations established in accordance with 
this section, may permit a detainee who is committed to a jail awaiting disposition of any 
criminal matter, except those being held for offenses listed in this section, to be classified to 
a pretrial diversion program operated by the sheriff s office in the county where the court that 
committed the detainee is sitting. 

The sheriff may extend the limits of the place of confinement of a detainee for the 
purpose of participation in this program and shall establish a classification system to 
determine the suitability of detainees who may be potential participants in this program. A 
person permitted to be away from the jail due to participation in this program may be 
accompanied by an employee of the sheriff's office in the discretion of the sheriff or his 
designee. 

For the duration of his participation in the program, the detainee shall be deemed to 
be in custody as a pretrial detainee for the purpose of receiving credit pursuant to section 
129B of chapter 127 and section 33 A of chapter 279 toward any sentence he may receive, 
and may be charged with escape pursuant to section 16 of chapter 268 should he leave the 
place to which he is classified pursuant to his participation in the program without 
authorization or should he escape from custody while he is being transported pursuant to his 
participation in the program. Additionally for the duration of his participation in this 
program only, the detainee may receive additional deductions from any sentence that may 
be imposed for the offense for which he was detained, for participation in work, education 
or treatment programs designated by the sheriff pursuant to section 129D of chapter 127. 

A detainee shall not be eligible to participate in this program if he is charged with: 
murder; any offense that carries the possibility of a life sentence; a violation of: paragraph 
(b) of 32 of chapter 94C; paragraphs (b), (c) and (d) of section 32 A of said chapter 94C; 
paragraph (b) of 32B of said chapter 94C; sections 32B, 32E, 32F, 32J, 32K or 37 of said 
chapter 94C; a violation of section 13, 14, 15, 15A, 15B, 16, 17, 18, 18A, 19, 20, 21, 24B, 
25, 26 or 26A of chapter 265; section 17, 34 or 35 of chapter 272; or an attempt to commit 
any offense referred to in these sections; or if he is detained under subsection (3) of section 
58A of chapter 276. No sex offender, or sexually dangerous person as defined in section 1 
of chapter 123 A or any person who is charged with committing a sexual offense as defined 
in said section 1 of said chapter 123 A shall be eligible to participate in this program. 
Placement of an individual in such program shall require victim notification as required 
under clause (t) of section 3 of chapter 25 8B. 

SECTION 80. Section 2 of chapter 127 of the General Laws, as so appearing, is 
hereby amended by striking out, in lines 5 and 6, the words "criminal history systems board" 
and inserting in place thereof the following words:- department of criminal justice 
information services. 

SECTION 81. Section 28 of said chapter 127, as so appearing, is hereby amended 



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by striking out, in line 9, the words "criminal history systems board" and inserting in place 
thereof the following words:- department of criminal justice information services. 

SECTION 82. Section 29 of said chapter 127, as so appearing, is hereby amended 
by striking out, in line 13, the words "criminal history systems board" and inserting in place 
thereof the following words:- department of criminal justice information services. 

SECTION 83. Section 1 33E of said chapter 1 27, as so appearing, is hereby amended 
by striking out, in line 3, the words "criminal history systems board" and inserting in place 
thereof the following words:- department of criminal justice information services. 

SECTION 84. Section 122 of chapter 140 of the General Laws, as appearing in the 
2008 Official Edition, is hereby amended by striking out, in lines 21 and 22, the words 
"executive director of the criminal history systems board" and inserting in place thereof the 
following words:- commissioner of the department of criminal justice information services. 

SECTION 85. Section 122 A of said chapter 140, as so appearing, is hereby 
amended by striking out, in line 5, the words "criminal history systems board" and inserting 
in place thereof the following words:- department of criminal justice information services. 

SECTION 86. Said section 122 A of said chapter 140, as so appearing, is hereby 
further amended by striking out, in lines 5 and 6 and in lines 9 and 10, the words "executive 
director of the criminal history systems board" and inserting in place thereof, in each 
instance, the following words:- commissioner of the department of criminal justice 
information services. 

SECTION 87. Section 1 22B of said chapter 1 40, as so appearing, is hereby amended 
by striking out, in lines 14 and 15 and in lines 24 and 25, the words "executive director of 
the criminal history systems board" and inserting in place thereof, in each instance, the 
following words:- commissioner of the department of criminal justice information services. 

SECTION 88. Section 123 of said chapter 140, as so appearing, is hereby amended 
by striking out, in lines 7 and 8 line 27, and in lines 106 and 107, the words "executive 
director of the criminal history systems board" and inserting in place thereof, in each 
instance, the following words:- commissioner of the department of criminal justice 
information services. 

SECTION 89. Section 125 of said chapter 140, as so appearing, is hereby amended 
by striking out, in lines 11 and 12, the words "executive director of the criminal history 
systems board" and inserting in place thereof the following words:- commissioner of the 
department of criminal justice information services. 

SECTION 90. Section 127 of said chapter 140, as so appearing, is hereby amended 
by striking out, in line 6, the words "executive director of the criminal history systems board" 
and inserting in place thereof the following words:- commissioner of the department of 
criminal justice information services. 

SECTION 91. Section 128 A of said chapter 140, as so appearing, is hereby 
amended by striking out, in lines 27 and 28, the words "executive director of the criminal 
history systems board" and inserting in place thereof the following words:- commissioner of 



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the department of criminal justice information services. 

SECTION 92. Section 1 28B of said chapter 1 40, as so appearing, is hereby amended 
by striking out, in lines 11 and 12, the words "executive director of the criminal history 
systems board" and inserting in place thereof the following words:- commissioner of the 
department of criminal justice information services. 

SECTION 93. Section 1 29B of said chapter 1 40, as so appearing, is hereby amended 
by striking out, in lines 112, 148 and 159, the words "executive director of the criminal 
history systems board" and inserting in place thereof the following words:- commissioner of 
the department of criminal justice information services. 

SECTION 94. Section 1 29C of said chapter 1 40, as so appearing, is hereby amended 
by striking out, in lines 12 and 13 and in lines 16 and 17, the words "executive director of 
the criminal history systems board" and inserting in place thereof, in each instance, the 
following words:- commissioner of the department of criminal justice information services. 

SECTION 95. Section 1 30B of said chapter 1 40, as so appearing, is hereby amended 
by striking out, in line 2, the words "criminal history systems board" and inserting in place 
thereof the following words:- department of criminal justice information services. 

SECTION 96. Said section 130B of said chapter 140, as so appearing, is hereby 
further amended by striking out, in line 4, the words "criminal history systems board 
appointed by the executive director" and inserting in place thereof the following words:- 
department of criminal justice information services appointed by the commissioner. 

SECTION 97. Section 131 of said chapter 140, as so appearing, is hereby amended 
by striking out, in lines 55 and 56, line 163, and in lines 193 and 194, the words "executive 
director of the criminal history systems board," and inserting in place thereof, in each 
instance, the following words:- commissioner of the department of criminal justice 
information services. 

SECTION 98. Section 131V6 of said chapter 140, as so appearing, is hereby 
amended by striking out, in lines 6 and 7, the words "criminal history systems board," and 
inserting in place thereof the following words:- department of criminal justice information 
services. 

SECTION 99. Section 131 A of said chapter 140, as so appearing, is hereby 
amended by striking out, in line 12 and 13, the words "executive director of the criminal 
history systems board," and inserting in place thereof the following words:- commissioner 
of the department of criminal justice information services. 

SECTION 100. Section 25 of chapter 151A of the General Laws, as so appearing, 
is hereby amended by striking out, in lines 25 1 and 252 and in line 254, the words "criminal 
history systems board," and inserting in place thereof, in each instance, the following words:- 
department of criminal justice information services. 

SECTION 101. Section 4 of chapter 151B of the General Laws, as so appearing, is 
hereby amended by inserting, after subsection 9, the following subsection:- 



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Chap. 256 

9!4. For an employer to request on its initial written application form criminal 
offender record information; provided, however, that except as otherwise prohibited by 
subsection 9, an employer may inquire about any criminal convictions on an applicant's 
application form if: (i) the applicant is applying for a position for which any federal or state 
law or regulation creates mandatory or presumptive disqualification based on a conviction 
for 1 or more types of criminal offenses; or (ii) the employer or an affiliate of such employer 
is subject to an obligation imposed by any federal or state law or regulation not to employ 
persons, in either 1 or more positions, who have been convicted of 1 or more types of 
criminal offenses. 

SECTION 102. Section 7 of chapter 152 of the General Laws, as so appearing, is 
hereby amended by striking out, in line 42 and in lines 44 and 45, the words "criminal history 
systems board," and inserting in place thereof, in each instance, the following words :- 
department of criminal justice information services. 

SECTION 103. Section 6 of chapter 209A of the General Laws, as so appearing, is 
hereby amended by striking out, in line 97, the words "criminal history systems board" and 
inserting in place thereof the following words:- department of criminal justice information 
services. 

SECTION 104. Section 34A of chapter 215 of the General Laws, as so appearing, 
is hereby amended by striking out, in lines 47 and 48, the words "criminal history systems 
board," and inserting in place thereof the following words:- department of criminal justice 
information services. 

SECTION 105. Section 21 of chapter 233 of the General Laws, as so appearing, is 
hereby amended by inserting, at the end, the following paragraph:- 

Upon order of the court, a party may obtain a witness's criminal offender record 
information from the department of criminal justice information services. 

SECTION 106. Section 3 of chapter 255E of the General Laws, as so appearing, is 
hereby amended by striking out, in line 12, the words 'criminal history systems board,' and 
inserting in place thereof the following words:- department of criminal justice information 
services. 

SECTION 107. Section 1 of chapter 258C of the General Laws, as so appearing, is 
hereby amended by inserting after the definition of "Crime" the following definition:- 

"Crime scene cleanup", the removal of, or the attempted removal of, blood or other 
stains that are the direct result of the commission of a crime or other dirt and debris caused 
by the processing of the crime scene; provided, however, that crime scene cleanup shall not 
include the replacement or repair of property damaged during the commission of the crime, 
in accordance with section 4. 

SECTION 108. Section 1 of chapter 258C of the General Laws, as so appearing, is 
hereby amended by inserting after the definition of "Out-of-pocket loss" the following 
definition: - 



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Chap. 256 

"Security measures", the replacement, repair or installation of locks, windows or 
other security devices deemed to be reasonably necessary for the promotion of the victim's 
safety by the program director after taking into consideration the nature of the crime in 
accordance with section 4. 

SECTION 109. Subsection (f) of section 2 of said chapter 258C of the General 
Laws is hereby repealed. 

SECTION 110. Subsection (b) of section 3 of said chapter 258C, as so appearing, 
is hereby amended by striking out paragraph (1) and inserting in place thereof the following 
2 paragraphs :- 

(1)(A) The maximum award or compensation for funeral and burial expenses shall 
be $6,500. A legal guardian, dependent or other family member of the victim or a person 
who actually incurs funeral and burial expenses directly related to the death of a victim shall 
be eligible for compensation for such funeral and burial expenses. 

(B) The maximum award or compensation for expenses other than funeral and burial 
expenses associated with the interment of a victim whose death is the direct result of a crime 
shall be $800. For purposes of this subsection compensable expenses shall include, but not 
be limited to, transportation of the victim to the location of interment, travel of a legal 
guardian or family member to accompany the victim to the location of interment, memorial 
markers at the location of interment or other associated expenses as determined by the 
program director in accordance with section 4. 

SECTION 111. Said section 3 of said chapter 25 8C, as so appearing, is hereby 
further amended, in lines 22 and 25, by striking out the words "one hundred and eighteen F," 
and inserting in place thereof the following word:- 1 18G. 

SECTION 112. Said section 3 of said chapter 25 8C, as so appearing, is hereby 
further amended by inserting after the word "victim" , in line 40, the following words:- , 
parent or legal guardian of a victim who is a minor in accordance with section 4. 

SECTION 113. Subsection (b) of said section 3 of said chapter 258C, as so 
appearing, is hereby further amended by adding the following 3 subparagraphs :- 

(G) Expenses incurred for professional crime scene cleanup services necessary as the 
direct result of the commission of a crime at a private residence or in a motor vehicle that is 
owned or leased by a victim, family member or other dependent shall be compensable in 
accordance with this chapter; provided, however, that the maximum amount of compensation 
shall not exceed $1,500. 

(H) A victim shall be eligible for compensation for the reasonable replacement costs 
of clothing and bedding seized as evidence or rendered unusable as the result of a criminal 
investigation that is the direct result of a crime; provided, however, that the maximum 
compensable amount shall not exceed $250. 

(I) A victim or a family member residing with the victim at the time a crime is 
committed, shall be eligible for compensation for the costs associated with the 
implementation of security measures; provided, however, that the maximum compensable 
amount shall not exceed $500. 



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Chap. 256 

SECTION 114. Section 8 of said chapter 258C, as so appearing, is hereby amended 
by striking out, in line 1, the word "fifteen" and inserting in place thereof the following 
figure:- 20 

SECTION 115. Said section 8 of said chapter 258C, as so appearing, is hereby 
further amended by striking out, in line 1 2, the word "twenty", and inserting in place thereof 
the following figure:- 30. 

SECTION 116. Section 9 of said chapter 258C, as so appearing, is hereby amended 
by striking out, in line 7, the word "twenty" and inserting in place thereof the following 
figure:- 30. 

SECTION 117. Section 1 of said chapter 258C, as so appearing, is hereby amended 
by inserting after the word "insurance,", in line 6, the following words:- , including, but not 
limited to, homeowner's insurance, renter's insurance, automobile insurance. 

SECTION 118. Section 7 of chapter 258D of the General Laws, as so appearing, is 
hereby amended by striking out, in lines 4 and 5, the words 'criminal history systems board' 
and inserting in place thereof the following words:- department of criminal justice 
information services. 

SECTION 119. Chapter 265 of the General Laws is hereby amended by adding the 
following section :- 

Section 48. A sex offender, as defined by section 178C of chapter 6, who engages 
in ice cream truck vending, as defined in section 25 of chapter 270, shall be punished by 
imprisonment in the house of correction for not more than 2Vz years or by a fine of $1,000, 
or by both such fine and imprisonment. A police officer or officer authorized to serve 
criminal process may arrest, without a warrant, any person whom he has probable cause to 
believe has violated this section. 

SECTION 120. Section 13B of chapter 268 of the General Laws, as so appearing, 
is hereby amended by striking out clauses (iv) and (v) and inserting in place thereof the 
following 2 clauses :- 

(iv) a person who is furthering a civil or criminal proceeding, including criminal 
investigation, grand jury proceeding, trial, other criminal proceeding of any type, probate and 
family proceeding, juvenile proceeding, housing proceeding, land proceeding, clerk's 
hearing, court ordered mediation, any other civil proceeding of any type; or 

(v) a person who is or was attending or had made known his intention to attend a civil 
or criminal proceeding, including criminal investigation, grand jury proceeding, trial, other 
criminal proceeding of any type, probate and family proceeding, juvenile proceeding, 
housing proceeding, land proceeding, clerk's hearing, court-ordered mediation, any other 
civil proceeding of any type with the intent to impede, obstruct, delay, harm, punish or 
otherwise interfere thereby, or do so with reckless disregard, with such a proceeding shall be 
punished by imprisonment in a jail or house of correction for not more than 2 and one-half 
years or by imprisonment in a state prison for not more than 1 years, or by a fine of not less 
than $1,000 nor more than $5,000, or by both such fine and imprisonment. 



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Chap. 256 

SECTION 121. Section 16 of chapter 268 of the General Laws, as so appearing, is 
hereby amended by inserting after the word "branch," in line 10, the following words:- or 
who knowingly disables or attempts to disable or defeat electronic monitoring of the 
prisoner,. 

SECTION 122 Chapter 270 of the General Laws is hereby amended by adding the 
following section:- 

Section 25. (a) For the purposes of this section, the following words shall have the 
following meanings :- 

"Ice cream", any frozen dairy or frozen water-based food product. 

"Ice cream truck", any motor vehicle used for selling, displaying or offering to sell 
ice cream. 

"Ice cream truck vending", the selling, displaying or offering to sell ice cream or any 
other prepackaged food product from an ice cream truck. 

"Permitting authority", the chief of police or the board or officer having control of 
the police in a city or town, or person authorized by them. 

(b) No person shall engage in ice cream truck vending unless he shall have been 
issued a valid permit to do so by the permitting authority within the municipality wherein the 
permit applicant lives or intends to operate an ice cream truck. Such permit shall be 
conspicuously displayed and clearly visible on the windshield of any ice cream truck 
operated or from which ice cream or any other prepackaged food product is sold. Whoever 
violates this section shall be assessed a fine of $500. Each day that such person is in 
operation in violation of this section may be considered a separate violation. 

(c) The department of public safety shall adopt regulations relative to the annual 
permitting of ice cream truck vendors. Such regulations shall include, but not be limited to: 

(i) a requirement that all applications for an ice cream truck vending permit or 
applications for renewal thereof shall include the applicant' s fingerprints and a current photo 
of the applicant; 

(ii) adoption of a uniform permit application and permit form, to be used by all 
municipalities; 

(iii) a requirement that a permitting authority conduct an investigation into the 
criminal history of a permit applicant to determine eligibility therefore; and 

(iv) a provision restricting a permitting authority from issuing an ice cream truck 
vending permit to any sex offender, as defined by section 178C of chapter 6 of the General 
Laws. 

SECTION 123. Section 23 A of chapter 276 of the General Laws, as so appearing, 
is hereby amended by striking out, in line 8 and in lines 21 and 22, the words 'criminal 
history systems board,' and inserting in place thereof, in each instance, the following words:- 
department of criminal justice information services. 

SECTION 124. Section 23B of said chapter 276, as so appearing, is hereby amended 
by striking out, in line 9 and lines 10 and 11, and in lines 12 and 13, the words 'criminal 
history systems board,' and inserting in place thereof, in each instance, the following words :- 



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Chap. 256 

department of criminal justice information services. 

SECTION 125. Section 58 A of chapter 276 of the General Laws, as so appearing, 
is hereby amended by striking out subsection (1) and inserting in place thereof the following 
subsection:- 

(1) The commonwealth may move, based on dangerousness, for an order of pretrial 
detention or release on conditions for a felony offense that has as an element of the offense 
the use, attempted use or threatened use of physical force against the person of another or any 
other felony that, by its nature, involves a substantial risk that physical force against the 
person of another may result, including the crimes of burglary and arson whether or not a 
person has been placed at risk thereof, or a violation of an order pursuant to section 1 8, 34B 
or 34C of chapter 208, section 32 of chapter 209, section 3, 4 or 5 of chapter 209 A or section 
15 or 20 of chapter 209C, or arrested and charged with a misdemeanor or felony involving 
abuse as defined in section 1 of said chapter 209 A or while an order of protection issued 
under said chapter 209A was in effect against such person, an offense for which a mandatory 
minimum term of 3 years or more is prescribed in chapter 94C, arrested and charged with a 
violation of section 1 3B of chapter 268 or a third or subsequent conviction for a violation of 
section 24 of chapter 90, or arrested and charged with a violation of paragraph (a), (c) or (m) 
of section 10 of chapter 269; provided, however, that the commonwealth may not move for 
an order of detention under this section based on possession of a large capacity feeding 
device without simultaneous possession of a large capacity weapon; or arrested and charged 
with a violation of section 10G of said chapter 269. 

SECTION 126. Section 1 00 of said chapter 276, as so appearing, is hereby amended 
by striking out, in line 30, the words "criminal history systems board" and inserting in place 
thereof the following words:- department of criminal justice information services. 

SECTION 127. Said section 100 of said chapter 276, as so appearing, is hereby 
further amended by striking out, in line 33, the word "board" and inserting in place thereof 
the following word:- department. 

SECTION 128. Section 100A of chapter 276 of the General Laws, as so appearing, 
is hereby amended by striking the first paragraph and inserting in place thereof the following 
paragraph:- 

Any person having a record of criminal court appearances and dispositions in the 
commonwealth on file with the office of the commissioner of probation may, on a form 
furnished by the commissioner and signed under the penalties of perjury, request that the 
commissioner seal the file. The commissioner shall comply with the request provided that: 
(1) the person's court appearance and court disposition records, including any period of 
incarceration or custody for any misdemeanor record to be sealed occurred not less than 5 
years before the request; (2) the person's court appearance and court disposition records, 
including any period of incarceration or custody for any felony record to be sealed occurred 
not less than 10 years before the request; (3) the person had not been found guilty of any 
criminal offense within the commonwealth in the case of a misdemeanor, 5 years before the 



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Chap. 256 

request, and in the case of a felony, 10 years before request, except motor vehicle offenses 
in which the penalty does not exceed a fine of $50; (4) the form includes a statement by the 
petitioner that he has not been convicted of any criminal offense in any other state, United 
States possession or in a court of federal jurisdiction, except such motor vehicle offenses, as 
aforesaid, and has not been imprisoned in any state or county in the case of a misdemeanor, 
within the preceding 5 years, and in the case of a felony, within the preceding 1Q years; and 
(5) the person's record does not include convictions of offenses other than those to which 
this section applies. This section shall apply to court appearances and dispositions of all 
offenses; provided, however, that this section shall not apply in case of convictions for 
violations of sections 121 to 13 1H, inclusive, of chapter 140 or for violations of chapter 268 
or chapter 268A. 

SECTION 129. Said section 100A of said chapter 276, as so appearing, is hereby 
further amended by inserting, after line 40, the following clauses:- 

5. Any violation of section 7 of chapter 209A or section 9 of chapter 25 8E shall be 
treated as a felony. 

6. Sex offenses, as defined in section 178C of chapter 6, shall not be eligible for 
sealing for 15 years following their disposition, including termination of supervision, 
probation or any period of incarceration, or for so long as the offender is under a duty to 
register in the commonwealth or in any other state where the offender resides or would be 
under such a duty if residing in the commonwealth, whichever is longer; provided, however, 
that any sex offender who has at any time been classified as a level 2 or level 3 sex offender, 
pursuant to section 178K of chapter 6, shall not be eligible for sealing of sex offenses. 

SECTION 130. Said section 100A of said chapter 276, as so appearing, is hereby 
further amended by inserting after the word "proceedings", in line 52, the following words :- 
", and except that in any proceedings under sections 1 to 391, inclusive, of chapter 119, 
sections 2 to 5, inclusive, of chapter 201, chapters 208, 209, 209 A, 209B, 209C, or sections 
1 to 11 A, inclusive, of chapter 210, a party having reasonable cause to believe that 
information in a sealed criminal record of another party may be relevant to (1) an issue of 
custody or visitation of a child, (2) abuse, as defined in section 1 of chapter 209A or (3) the 
safety of any person may upon motion seek to introduce the sealed record into evidence. The 
judge shall first review such records in camera and determine those records that are 
potentially relevant and admissible. The judge shall then conduct a closed hearing on the 
admissibility of those records determined to be potentially admissible; provided, however, 
that such records shall not be discussed in open court and, if admitted, shall be impounded 
and made available only to the parties, their attorneys and court personnel who have a 
demonstrated need to receive them. 

SECTION 131. Section 100C of said chapter 276, as so appearing, is hereby 
amended by striking out, in lines 1 1 to 12, inclusive, the words "except in cases in which an 
order of probation has been terminated,". 

SECTION 132. Said section 100C of said chapter 276, as so appearing, is hereby 



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Chap. 256 

further amended by inserting after the word "commissioner", in line 29, the following 
words:- or the clerk of courts in any district or superior court or the Boston municipal court. 

SECTION 133. Said chapter 276 is hereby amended by inserting after section 1 00C 
the following section :- 

Section 100D. Notwithstanding any provision of section 100A, 100B,or lOOCofthis 
chapter, criminal justice agencies as defined in section 167 of chapter 6 shall have immediate 
access to, and be permitted to use as necessary for the performance of their criminal justice 
duties, any sealed criminal offender record information as defined in section 167 of chapter 
6 and any sealed information concerning criminal offenses or acts of delinquency committed 
by any person before he attained the age of 17. 

SECTION 134. Section 1 of chapter 279 of the General Laws, as so appearing, is 
hereby amended by striking out, in line 42, the words 'criminal history systems board' and 
inserting in place thereof the following words:- department of criminal justice information 
services. 

SECTION 135. Notwithstanding any general or special law to the contrary, this 
section shall facilitate the orderly transfer of the employees, proceedings, rules and 
regulations, property and legal obligations of the criminal history systems board, as the 
transferor agency, to the department of criminal justice information services, as the transferee 
agency, as follows: 

(a) Subject to appropriation, the employees of the criminal history systems board, 
including those who immediately before the effective date of this act hold permanent 
appointment in positions classified under chapter 3 1 of the General Laws or have tenure in 
their positions as provided by section 9 A of chapter 30 of the General Laws or do not hold 
such tenure, or hold confidential positions, are hereby transferred to the department of 
criminal justice information services, without interruption of service within the meaning of 
said section 9A of said chapter 3 1 , without impairment of seniority , retirement or other rights 
of the employee, and without reduction in compensation or salary grade, notwithstanding any 
change in title or duties resulting from such reorganization, and without loss of accrued rights 
to holidays, sick leave, vacation and benefits, and without change in union representation or 
certified collective bargaining unit as certified by the state labor relations commission or in 
local union representation or affiliation. Any collective bargaining agreement in effect 
immediately before the transfer date shall continue in effect and the terms and conditions of 
employment therein shall continue as if the employees had not been so transferred. The 
reorganization shall not impair the civil service status of any such reassigned employee who 
immediately before the effective date of this act either holds a permanent appointment in a 
position classified under chapter 3 1 of the General Laws or has tenure in a position by reason 
of section 9A of chapter 30 of the General Laws. 

Notwithstanding any general or special law to the contrary, all such employees shall 
continue to retain their right to collectively bargain pursuant to chapter 1 50E of the General 
Laws and shall be considered employees for the purposes of said chapter 150E. 



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Chap. 256 

Nothing in this section shall be construed to confer upon any employee any right not 
held immediately before the date of said transfer, or to prohibit any reduction of salary grade, 
transfer, reassignment, suspension discharge layoff or abolition of position not prohibited 
before such date. 

(b) All petitions, requests, investigations and other proceedings appropriately and 
duly brought before or referred to the executive director of the criminal history systems board 
by the transferor agency and pending before the executive director before the effective date 
of this act, shall continue unabated and remain in force, but shall be assumed and completed 
by the department of criminal justice information services. 

(c) All orders, rules and regulations duly made and all approvals duly granted by the 
criminal history systems board, which are in force immediately before the effective date of 
this act, shall continue in force and shall thereafter be enforced by the department of criminal 
justice information systems, until superseded, revised, rescinded or canceled, in accordance 
with law. 

(d) All books, papers, records, documents, equipment, buildings, facilities, cash and 
other property, both personal and real, including all such property held in trust, which 
immediately before the effective date of this act are in the custody of the criminal history 
systems board shall be transferred to the department of criminal justice information services. 

(e) All duly existing contracts, leases and obligations of the criminal history systems 
board shall continue in effect but shall be assumed by the department of criminal justice 
information services. No existing right or remedy of any character shall be lost, impaired or 
affected by this act. 

SECTION 136. The Massachusetts department of criminal justice information 
systems, in consultation with the information technology division, shall regularly report on 
its progress in building the information technology system necessary to fulfill the 
requirements established in subsection (a) of section 172 of chapter 6 of the General Laws, 
as amended by section 21 of this act. The department shall file such reports with the joint 
committee on the judiciary, the joint committee on public safety and homeland security, the 
house and senate committees on bonding, capital expenditures and state assets and the house 
and senate committees on ways and means and shall post such reports on the department's 
publicly-accessible website. The department shall file such reports 6, 12, 1 5 and 1 8 months 
after the effective date of this act, and at 3 -month intervals thereafter, if necessary, until the 
project is complete. Each report shall include a description of the progress made in the 
planning, design and construction of the system since the preceding report, and shall include 
a comparison of actual expenditures to budgeted expenditures and of budgeted timelines to 
actual timelines. Each report shall also include a certification as to whether the department 
expects the complete information technology system to be fully operational 1 8 months after 
the effective date of this act. 

SECTION 137. Notwithstanding the provisions of sections 32, 32A, 32B, 32E, and 
32 J of chapter 94C of the General Laws, or any other general or special law to the contrary, 



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Chap. 256 

a person serving a mandatory minimum sentence for violating any provision of the 
above-referenced sections as of the effective date of this act, shall be eligible for parole after 
serving one-half of the maximum term of the sentence if the sentence is to a house of 
correction; provided, however, that said person shall not be eligible for parole if the parole 
board finds that any one of the following aggravating circumstances apply: 

(i) the defendant used violence or threats of violence or possessed a firearm, rifle, 
shotgun, machine gun or a weapon described in paragraph (b) of section 10 of chapter 269, 
or induced another participant to do so, during the commission of the offense; 

(ii) the defendant engaged in a course of conduct whereby he directed the activities 
of another who committed a felony in violation of Chapter 94C; or 

(iii) the offense was committed during the commission or attempted commission of 
the offenses set forth in section 32F or section 32K of chapter 94C. 

SECTION 138. The executive office of public safety, in conjunction with the 
department of public health, the trial court, the department of probation and the office of 
community correction, shall promulgate regulations establishing a resource guide for law 
enforcement personnel, sheriffs and judges on substance abuse treatment programs and 
options, including but not limited to, providing information on civil commitment programs, 
jail diversion and public and private treatment options, including the Massachusetts Alcohol 
and Substance Abuse Center, the Men's Addiction Treatment Center and the Women's 
Addiction Treatment Center. The Bureau of Substance Abuse Services shall provide 
technical assistance related to producing said resource guide. 

SECTION 139. The executive office of public safety and security and the 
department of correction, in conjunction with the department of public health, shall adopt 
regulations to create a substance abuse education program in state prisons and houses of 
corrections. Such program shall focus on, but not be limited to, screening inmates for 
substance use disorders, preparing inmates with substance use disorders for reentry into the 
community, providing training relative to obtaining housing, employment and the necessary 
substance abuse treatment once an inmate is released. 

SECTION 140. The department of probation, in conjunction with the criminal 
history systems board shall conduct a study on rehabilitation. That study shall include an 
examination of: 

(a) enabling a person convicted of or adjudicated delinquent by reason of any felony 
or misdemeanor charges in the commonwealth or a person who has been charged with a 
crime in the commonwealth but which charges did not result in a conviction to petition the 
superior court of the trial court department in the county in which he then resides for a 
certificate of rehabilitation, or a certificate of recovery and rehabilitation if the charges were 
a consequence of substance abuse, for ascertainment and declaration of the fact of his 
rehabilitation or recovery and rehabilitation if certain conditions are met, for example if the 
person: (1) has not been sentenced to incarceration since being discharged from a felony or 
misdemeanor or since the termination of any ancillary proceedings related to such felony or 
misdemeanor including, but not limited to, any period of probation, parole or continuation; 



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Chap. 256 

(2) is not the subject of a probationary or parole term for the commission of any 
other felony or misdemeanor; (3) presents satisfactory evidence of 2 years residence 
in the commonwealth prior to the filing of the petition; (4) has demonstrated a period of 
rehabilitation, as provided in section 176C of the General Laws, and (5) in the case of a 
person seeking a certificate of recovery and rehabilitation, has completed a substance abuse 
treatment program approved by the bureau of substance abuse treatment services; 

(b) the standard the petitioner must demonstrate his rehabilitation or recovery; 

(c) the duration of rehabilitation required to be eligible for a certificate of 
rehabilitation or recovery; 

(d) any recommended provision of notice of the filing of a petition to the district 
attorney of the county in which a petition is filed, to the district attorney of the county in 
which the petitioner was convicted of an offense, to the attorney general and to the governor; 

(e) whether a petitioner for a certification of rehabilitation or recovery may be 
represented by counsel and whether the court shall appoint counsel for certain petitioners; 

(f) whether the court in which the petition is filed may require such testimony as it 
deems necessary, and who should be required to produce and pay for the cost of production 
of all records and reports relating to the petitioner and the offense for which he was charged; 

(g) which information the court may request upon the filing of the application for a 
certificate, from the district attorney in which the petition was filed including, but not limited 
to: the place of residence of the petitioner; the criminal record of the petitioner as shown by 
the records of the Department of Justice; any representation made to the court by the 
petitioner; the conduct of the petitioner during his period of rehabilitation; and any other 
information the court may deem necessary in making its determination; 

(h) under what conditions a court should deny a petition for a certificate of 
rehabilitation or recovery; 

(i) under what conditions a court should issue a certificate of rehabilitation or 
recovery and whether such a certificate should become a part of the petitioner's criminal 
offender record information; 

(j) to whom the court should forward such a certificate and whether any 
recommendations should be included; 

(k) whether such a certificate should be provided to any person lawfully seeking 
information relative to the offense for which a petitioner has received a certificate; 

(1) whether any forms would be required to effectuate such a process and who should 
develop them; 

(m) any notice requirements that are recommended for defendants or individuals 
being released from custody, discharged from probation or parole, or concluding substance 
abuse treatment; 

(n) any other factors that may or may not be included within the determination of 
whether to issue a benefit granted by the awarding of such a certificate; 

(o) any rights that an individual who has been denied the benefits of attaining a cer- 



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Chap. 256 

tificate of rehabilitation or recovery should have, including the right to appeal such a 
decision; 

(p) what the appropriate forum should be for such an appeal; and 

(q) any punishments that should be levied against an individual who fraudulently uses 
such a certificate. 

The department shall report its findings to the clerks of the house and senate by 
December 3 1, 2010, who shall forward that report to the chairmen of the house committee 
on ways and means, the senate committee on ways and means and the joint committee on 
mental health and substance abuse. 

SECTION 141. The parole board shall conduct a study to determine the benefit and 
cost of establishing a substance abuse treatment program to be included as a requirement for 
individuals during a period of post-release supervision. 

The board shall file the findings of its study by December 31, 2010, with the clerks 
of the house and the senate, who shall forward the report to the chairmen of the house 
committee on ways and means, the senate committee on ways and means, the joint 
committee on mental health and substance abuse and the joint committee on the judiciary. 

SECTION 142. The department of corrections, in consultation with the department 
of public health shall conduct a study on the establishment of jail diversion programs for 
nonviolent low-level offenders with substance use disorders. The study shall include, but 
not be limited to, the establishment of jail diversion programs, innovative ways for the courts 
to divert substance abusers from the criminal justice system into specified substance abuse 
treatment options and the cost estimates for implementing such a program. 

The department shall file the findings of its study by December 31, 2010, with the 
clerks of the house and the senate, who shall forward the report to the chairmen of the house 
committee on ways and means, the senate committee on ways and means and the joint 
committee on mental health and substance abuse. 

SECTION 143. The administrative office of the trial court shall conduct a study to 
examine the bail review process including, but not limited to, personal recognizance, 
challenges to the amount of bail for an accused and the provision of notice to a petitioner 
relative to future court appearances. The administrative office shall report to the joint 
committee on the judiciary not later than December 3 1 , 201 0. 

SECTION 144. The department of public safety shall adopt the regulations required 
under section 25 of chapter 270 of the General Laws, not later than 90 days from the 
effective date of this act. 

SECTION 145. Sections 2 to 8, inclusive, 12, 16 to 26, inclusive, 28, 30, 31, 33 to 
37, inclusive, 56, 62, 65 to 67, inclusive, 105, 119, 122, 128 to 133, inclusive, and 135 shall 
take effect 18 months from the effective date of this act. 

SECTION 146. Section 144 shall take effect 1 80 days from the effective date of this 
act. 

Approved August 6, 2010. 



1101 



Chapter 257. AN ACT AUTHORIZING THE DUKES COUNTY CONTRIBUTORY 
RETIREMENT SY STEM TO GRANT CERTAIN RETIREMENT 
BENEFITS. 

Be it enacted, etc., as follows: 

Notwithstanding any general or special law to the contrary, the Dukes County 
contributory retirement system shall recalculate the retirement benefits of Joann 
DeBettencourt, crediting her with 34 years of creditable service at the age of 57. 

The foregoing was laid before the Governor on the twenty-seventh day of July, 2010 
and after ten days has the force of law as prescribed by the Constitution as it was not 
returned by him to the branch in which it originated with his objections thereto within that 
time. 



Chapter 258. AN ACT RELATIVE TO MORTGAGE FORECLOSURES. 

Whereas, The deferred operation of this act would tend to defeat its purpose, which 
is to protect forthwith the citizens and neighborhoods of the commonwealth, therefore it is 
hereby declared to be an emergency law, necessary for the immediate preservation of the 
public convenience. 

Be it enacted, etc., as follows: 

SECTION 1. The second paragraph of subsection (e) of Clause Third of section 5 
of chapter 59 of the General Laws, as appearing in the 2008 Official Edition, is hereby 
amended by adding the following sentence:- In any city or town that accepts this paragraph, 
any real estate owned by, or held in trust for, a charitable organization for the purpose of 
creating community housing, as defined in section 2 of chapter 44B, that was purchased from 
an entity that acquired the property pursuant to section 14 of chapter 244 shall be exempt 
until such real estate is leased, rented or otherwise disposed of, but not for more than 7 years 
after such purchase. 

SECTION 2. Chapter 167E of the General Laws is hereby amended by inserting 
after section 7 the following section: - 

Section 7A. (a) As used in this section the following word shall, unless the context 
clearly requires otherwise, have the following meaning:- 

"Mortgagor", an applicant for a reverse mortgage who: (1) has a gross income of less 
than 50 percent of the area median income, as periodically determined by the United States 
Department of Housing and Urban Development; and (2) possesses assets, excluding a 
primary residence, valued at less than $120,000. 

(b) No mortgagee shall make a reverse mortgage loan pursuant to section 7 to a 
mortgagor unless: (i) the mortgagor affirmatively opts in writing for the reverse mortgage; 



1102 



Chap. 258 

and (ii) at or before the closing of any reverse mortgage loan the mortgagee has received 
written certification from a counselor with a third-party organization that the mortgagor has 
received counseling in person relative to the appropriateness of the loan transaction from the 
third party organization and has completed an approved counseling program offered by the 
third party organization; provided, however, that the third party organization shall have been 
approved by the executive office of elder affairs for purposes of such counseling. 

(c) A reverse mortgage executed with a borrower that has not received counseling by 
a third party approved by the executive office of elder affairs shall render the terms of the 
reverse mortgage unenforceable. The commissioner shall adopt regulations to administer and 
implement this section. 

SECTION 3. Chapter 171 of the General Laws is hereby amended by inserting after 
section 65 C the following section:- 

Section 65C14. (a) As used in this section the following word shall, unless the 
context clearly requires otherwise, have the following meaning: 

"Mortgagor", an applicant for a reverse mortgage who: (1) has a gross income of less 
than 50 per cent of the area median income, as periodically determined by the United States 
Department of Housing and Urban Development; and (2) possesses assets, excluding a 
primary residence, valued at less than $120,000. 

(b) No mortgagee shall make a reverse mortgage loan pursuant to section 65 C to a 
mortgagor unless: (i) the mortgagor affirmatively opts in writing for the reverse mortgage; 
and (ii) at or before the closing of any reverse mortgage loan the mortgagee has received 
written certification from a counselor with a third-party organization that the mortgagor has 
received counseling in person relative to the appropriateness of the loan transaction from the 
third party organization and has completed an approved counseling program offered by the 
third party organization; provided, however, that the third party organization shall have been 
approved by the executive office of elder affairs for purposes of such counseling. 

(c) A reverse mortgage executed with a borrower that has not received counseling by 
a third party approved by the executive office of elder affairs shall render the terms of the 
reverse mortgage unenforceable. The commissioner shall adopt regulations to administer and 
implement this section. 

SECTION 4. Chapter 183 of the General Laws is hereby amended by striking out 
section 67, as appearing in the 2008 Official Edition, and inserting in place thereof the 
following section:- 

Section 67. No mortgagee shall make a reverse mortgage loan on residential property 
except in accordance with sections 7 and 7 A of chapter 167E. For the purposes of this 
section, the term "residential property" shall mean a 1 to 4 family dwelling owned and 
occupied in whole or in part by the mortgagor and located in the commonwealth. 

SECTION 5. Section 13A of chapter 186 of the General Laws, as so appearing, is 
hereby amended by inserting after the word "law", in line 6, the following words:- and the 
foreclosing entity shall assume the lease and rental subsidy contract with the rental subsidy 
administrator. 



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Chap. 258 

SECTION 6. The General Laws are hereby amended by inserting after chapter 1 86 
the following chapter:- 

CHAPTER 186A. 
TENANT PROTECTIONS IN FORECLOSED PROPERTIES. 

Section 1 . (a) As used in this chapter, the following words shall, unless the context 
clearly requires otherwise, have the following meanings:- 

"Bona fide lease or bona fide tenancy", a lease or tenancy shall not be considered 
bona fide unless: ( 1 ) the mortgagor, or the child, spouse or parent of the mortgagor under the 
contract, is not the tenant; and (2) the lease or tenancy was the result of an arms-length 
transaction. 

"Entity", a business organization, or any other kind of organization including, without 
limitation, a corporation, partnership, trust, limited liability corporation, limited liability 
partnership, joint venture, sole proprietorship or any other category of organization and any 
employee, agent, servant or other representative of such entity. 

"Eviction", an action, without limitation, by a foreclosing owner of a housing 
accommodation which is intended to actually or constructively evict a tenant or otherwise 
compel a tenant to vacate such housing accommodation. 

"Foreclosing owner", an entity that holds title in any capacity, directly or indirectly, 
without limitation, whether in its own name, as trustee or as beneficiary, to a housing 
accommodation that has been foreclosed upon and either: (1) held or owned a mortgage or 
other security interest in the housing accommodation at any point prior to the foreclosure of 
the housing accommodation or is the subsidiary, parent, trustee, or agent thereof; or (2) is an 
institutional mortgagee that acquires or holds title to the housing accommodation within 3 
years of the filing of a foreclosure deed on the housing accommodation; or (3) is the Federal 
National Mortgage Association or the Federal Home Loan Mortgage Corporation. 

"Foreclosure", a legal proceeding to terminate a mortgagor's interest in property, 
instituted by the mortgagee, and regulated under chapter 244. 

"Housing accommodation", a building or structure, or part thereof or land 
appurtenant thereto, and any other real or personal property used, rented or offered for rent 
for living or dwelling purposes, together with all services connected with the use or 
occupancy of such property. 

"Institutional mortgagee", an entity or an entity which is the subsidiary, parent, 
trustee or agent thereof or otherwise related to such entity, that holds or owns mortgages or 
other security interests in 3 or more housing accommodations or that acts as a mortgage 
servicer of 3 or more mortgages of housing accommodations. 

"Just cause", 1 of the following: (1) the tenant has failed to pay the rent in effect prior 
to the foreclosure or failed to pay use and occupancy charges, as long as the foreclosing 
owner notified the tenant in writing of the amount of rent or the amount of use and 
occupancy that was to be paid and to whom it was to be paid; (2) the tenant has materially 



1104 



Chap. 258 

violated an obligation or covenant of the tenancy or occupancy, other than the obligation to 
surrender possession upon proper notice, and has failed to cure such violation within 30 days 
after having received written notice thereof from the foreclosing owner; (3) the tenant is 
committing a nuisance in the unit, is permitting a nuisance to exist in the unit, is causing 
substantial damage to the unit or is creating a substantial interference with the quiet 
enjoyment of other occupants; (4) the tenant is using or permitting the unit to be used for any 
illegal purpose; (5) the tenant who had a written bona fide lease or other rental agreement 
which terminated, on or after August 10, 2010, has refused, after written request or demand 
by the foreclosing owner, to execute a written extension or renewal thereof for a further term 
of like duration and in such terms that are not inconsistent with this chapter; (6) the tenant 
has refused the foreclosing owner reasonable access to the unit for the purpose of making 
necessary repairs or improvement required by the laws of the United States, the 
commonwealth or any subdivision thereof, or for the purpose of inspection as permitted or 
required by agreement or by law or for the purpose of showing the unit to a prospective 
purchaser or mortgagee provided. Nothing in the section shall limit the rights of a third-party 
owner to evict a tenant at the expiration of an existing lease. 

"Mortgagee", an entity to whom property is mortgaged, the mortgage creditor or 
lender including, but not limited to, mortgage servicers, lenders in a mortgage agreement and 
any agent, servant or employee of the mortgagee or any successor in interest or assignee of 
the mortgagee's rights, interests or obligations under the mortgage agreement. 

"Mortgage servicer", an entity which administers or at any point administered the 
mortgage; provided, however that such administration shall include, but not be limited to, 
calculating principal and interest, collecting payments from the mortgagor, acting as escrow 
agent or foreclosing in the event of a default. 

"Tenant", a person or group of persons who at the time of foreclosure is entitled to 
occupy a housing accommodation pursuant to a bona fide lease or tenancy or a tenancy at 
will. A person who moves into the housing accommodation owned by the foreclosing 
owner, subsequent to the foreclosure sale, without the express written permission of the 
foreclosing owner shall not be considered a tenant under this chapter. 

"Unit" or "residential unit", the room or group of rooms within a housing 
accommodation which is used or intended for use as a residence by 1 household. 

Section 2. Notwithstanding any general or special law to the contrary, a foreclosing 
owner shall not evict a tenant except for just cause or unless a binding purchase and sale 
agreement has been executed for a bona fide third party to purchase the housing 
accommodation from a foreclosing owner. 

Section 3. Within 30 days of the foreclosure, the foreclosing owner shall post in a 
prominent location in the building in which the rental housing unit is located a written notice 
stating the names, addresses, telephone numbers and telephone contact information of the 
foreclosing owner, the building manager or other representative of the foreclosing owner 
responsible for the management of such building and stating the address to which rent and 



1105 



Chap. 258 

use and occupancy charges shall be sent. This requirement shall be satisfied if the 
foreclosing owner or someone acting on his behalf has: (i) posted in a prominent location in 
the building; (ii) mailed by first class mail to each unit; (iii) and slid under the door of each 
unit in the building a document stating the names, addresses, and telephone contact 
information of the foreclosing owner, the building manager or other representative of the 
foreclosing owner responsible for the management of such building and stating the address 
to which rent and use and occupancy charges shall be sent. 

A foreclosing owner shall not evict a tenant for actions that constitute just cause 
unless the foreclosing owner has delivered to each tenant at the time of delivery of written 
notice pursuant to this section, a written disclosure of the tenant's right to a court hearing 
prior to eviction. 

Section 4. (a) A foreclosing owner shall not evict a tenant for the following actions 
that constitute just cause until 30 days after the notice required by section 3 is posted and 
delivered: (i) the tenant has failed to pay the rent in effect prior to the foreclosure or failed 
to pay use and occupancy charges, as long as the foreclosing owner notified the tenant in 
writing of the amount of rent or the amount of use and occupancy that was to be paid and to 
whom it was to be paid; (ii) the tenant has materially violated an obligation or covenant of 
the tenancy or occupancy, other than the obligation to surrender possession upon proper 
notice, and has failed to cure such violation within 30 days after having received written 
notice thereof from the foreclosing owner; and (iii) the tenant who had a written bona fide 
lease or other rental agreement which terminated, on or after August 10, 2010, has refused, 
after written request or demand by the foreclosing owner, to execute a written extension or 
renewal thereof for a further term of like duration and in such terms that are not inconsistent 
with this chapter. 

(b) A foreclosing owner shall not evict a tenant for the following actions that 
constitute just cause until the notice required by section 3 is posted and delivered: (i) the 
tenant is committing a nuisance in the unit, is permitting a nuisance to exist in the unit, is 
causing substantial damage to the unit or is creating a substantial interference with the quiet 
enjoyment of other occupants; (ii) the tenant is using or permitting the unit to be used for any 
illegal purpose; and (iii) the tenant has refused the foreclosing owner reasonable access to 
the unit for the purpose of making necessary repairs or improvement required by the laws of 
the United States, the commonwealth or any subdivision thereof, or for the purpose of 
inspection as permitted or required by agreement or by law or for the purpose of showing the 
unit to a prospective purchaser or mortgagee provided. 

Section 5. If a foreclosing owner disagrees with the amount of rent or use and 
occupancy rates that a tenant-at-will or lessee pays to the foreclosing owner, the foreclosing 
owner may bring a claim in district or superior court or the housing court to claim that the 
rent is unreasonable and set a new use and occupancy rate. A bona fide lease between the 
foreclosed-upon owner and the lessee or proof of rental payment to the foreclosed-upon 
owner shall be presumed reasonable. 



1106 



Chap. 258 

Section 6. A foreclosing owner that evicts a tenant in violation of this chapter or any 
ordinance or by-law adopted pursuant to this chapter, shall be punished by a fine of not less 
than $5,000. Each such illegal eviction shall constitute a separate offense. 

The district and superior courts and the housing court shall have jurisdiction over an 
action arising from a violation of this chapter or of any ordinance or by-law adopted pursuant 
to this chapter, and shall have jurisdiction in equity to restrain any such violation. It shall be 
a defense to an eviction proceeding that the foreclosing owner attempted to evict a tenant in 
violation of this chapter or any ordinance or by-law adopted pursuant to this chapter. 

SECTION 7. Chapter 244 of the General Laws is hereby amended by striking out 
section 3 5 A, as appearing in the 2008 Official Edition, and inserting in place thereof the 
following section: - 

Section 3 5 A. (a) As used in this section, the following words shall, unless the 
context clearly requires otherwise, have the following meanings: 

"Borrower", a mortgagor of a mortgage loan. 

"Borrower's representative", an employee or contractor of a non-profit organization 
certified by Housing and Urban Development, an employee or contractor of a foreclosure 
education center pursuant to section 1 6 of chapter 206 of the acts of 2007 or an employee or 
contractor of a counseling agency receiving a Collaborative Seal of Approval from the 
Massachusetts Homeownership Collaborative administered by the Citizens' Housing and 
Planning Association. 

"Creditor", a person or entity that holds or controls, partially, wholly, indirectly, 
directly, or in a nominee capacity, a mortgage loan securing a residential property, including, 
without limitation, an originator, holder, investor, assignee, successor, trust, trustee, nominee 
holder, Mortgage Electronic Registration System or mortgage servicer, including the Federal 
National Mortgage Association or the Federal Home Loan Mortgage Corporation. 
"Creditor" shall also include any servant, employee or agent of a creditor. 

"Creditor's representative", a person who has the authority to negotiate the terms of 
and modify a mortgage loan. 

"Modified mortgage loan", a mortgage modified from its original terms including, 
but not limited to, a loan modified pursuant to 1 of the following: (i) the Home Affordable 
Modification Program; (ii) the Federal Deposit Insurance Corporation's Loan Modification 
Program; (iii) any modification program that a lender uses which is based on accepted 
principles and the safety and soundness of the institution and recognized by the National 
Credit Union Administration, the Division of Banks or any other instrumentality of the 
commonwealth; (iv) the Federal Housing Agency; or (v) a similar federal refinance plan. 

"Mortgage loan", a loan to a natural person made primarily for personal, family or 
household purposes secured wholly or partially by a mortgage on residential property. 

"Net present value", the present net value of a residential property based on a 
calculation using 1 of the following: (i) the federal Home Affordable Modification Program 
Base Net Present Value Model, (ii) the Federal Deposit Insurance Corporation's Loan Modi- 



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Chap. 258 

fication Program; or (iii) for the Massachusetts Housing Finance Agency's loan program 
used solely by the agency to compare the expected economic outcome of a loan with or 
without a loan modification. 

"Residential property", real property located in the commonwealth having thereon 
a dwelling house with accommodations for 4 or less separate households and occupied, or 
to be occupied, in whole or in part by the obligor on the mortgage debt; provided, however, 
that residential property shall be limited to the principal residence of a person; provided 
further, that residential property shall not include an investment property or residence other 
than a primary residence; and provided further, that residential property shall not include 
residential property taken in whole or in part as collateral for a commercial loan. 

(b) A mortgagor of residential property shall have a 150-day right to cure a default 
of a required payment as provided in the residential mortgage or note secured by the 
residential property by full payment of all amounts that are due without acceleration of the 
maturity of the unpaid balance of the mortgage; provided, however, that if a creditor certifies 
that: (i) it has engaged in a good faith effort to negotiate a commercially reasonable 
alternative to foreclosure as described in subsection (c); (ii) its good faith effort has involved 
at least 1 meeting, either in person or by telephone, between a creditor's representative and 
the borrower, the borrower's attorney or the borrower's representative; and (iii) after such 
meeting the borrower and the creditor were not successful in resolving their dispute, then the 
creditor may begin foreclosure proceedings after a right to cure period lasting 90 days. A 
borrower who fails to respond within 30 days to any mailed communications offering to 
negotiate a commercially reasonable alternative to foreclosure sent via certified and first 
class mail or similar service by a private carrier from the lender shall be deemed to have 
forfeited the right to a 150-day right to cure period and shall be subject to a right to cure 
period lasting 90 days. The right to cure a default of a required payment shall be granted 
once during any 3 year period, regardless of mortgage holder. 

(c) For purposes of this section, a determination that a creditor has made a good faith 
effort to negotiate and agree upon a commercially reasonable alternative to foreclosure shall 
mean that the creditor has considered: (i) an assessment of the borrower's current 
circumstances including, without limitation, the borrower's current income, debts and 
obligations; (ii) the net present value of receiving payments pursuant to a modified mortgage 
loan as compared to the anticipated net recovery following foreclosure; and (iii) the interests 
of the creditor; provided, however, that nothing in this subsection shall be construed as 
prohibiting a creditor from considering other factors; provided, further, that the creditor shall 
provide by first class and certified mail or similar service by a private carrier to a borrower 
documentation of good faith effort 10 days prior to meeting, telephone conversation or a 
meeting pursuant to subsection (b). 

(d) A borrower who receives a loan modification offer from the creditor resulting 
from the lender's good faith effort to negotiate and agree upon a commercially reasonable 
alternative to foreclosure shall respond within 30 days of receipt of first class or certified 
mail. A borrower shall be presumed to have responded if the borrower provides: (i) confirm- 



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Chap. 258 

ation of a facsimile transmission to the creditor; (ii) proof of delivery through the United 
States Postal Service or similar carrier; or (iii) record of telephone call to the creditor 
captured on a telephone bill or pin register. A borrower who fails to respond to the creditor' s 
offer within 30 days of receipt of a loan modification offer shall be deemed to have forfeited 
the 1 50-day right to cure period and shall be subject to a right to cure period lasting 90 days. 

(e) Nothing in this section shall prevent a creditor from offering or accepting 
alternatives to foreclosure, such as a short sale or deed-in-lieu of foreclosure, if the borrower 
requests such alternatives, rejects a loan modification offered pursuant to this subsection or 
does not qualify for a loan modification pursuant to this subsection. 

(f) A creditor that chooses to begin foreclosure proceedings after a right to cure 
period lasting less than 1 50 days that engaged in a good faith effort to negotiate and agree 
upon a commercially reasonable alternative but was not successful in resolving the dispute 
shall certify compliance with this section in an affidavit. The affidavit shall include the time 
and place of the meeting, parties participating, relief offered to the borrower, a summary of 
the creditor's net present value analysis and applicable inputs of the analysis and certification 
that any modification or option offered complies with current federal law or policy. A 
creditor shall provide a copy of the affidavit to the homeowner and file a copy of the affidavit 
with the land court in advance of the foreclosure. 

(g) The mortgagee, or anyone holding thereunder, shall not accelerate maturity of the 
unpaid balance of such mortgage obligation or otherwise enforce the mortgage because of 
a default consisting of the mortgagor's failure to make any such payment in subsection (b) 
by any method authorized by this chapter or any other law until at least 150 days after the 
date a written notice is given by the mortgagee to the mortgagor; provided, however, that a 
creditor meeting the requirements of subsection (b) that chooses to begin foreclosure 
proceedings after a right to cure period lasting less than 150 days may accelerate maturity of 
the unpaid balance of such mortgage obligation or otherwise enforce the mortgage because 
of a default consisting of the mortgagor's failure to make any such payment in subsection (b) 
by any method authorized by this chapter or any other law not less than 9 1 days after the date 
a written notice is given by the creditor to the mortgagor. 

Said notice shall be deemed to be delivered to the mortgagor: (i) when delivered by 
hand to the mortgagor; or (ii) when sent by first class mail and certified mail or similar 
service by a private carrier to the mortgagor at the mortgagor's address last known to the 
mortgagee or anyone holding thereunder. 

(h) The notice required in subsection (g) shall inform the mortgagor of the following:- 

(1) the nature of the default claimed on such mortgage of residential real property and 
of the mortgagor's right to cure the default by paying the sum of money required to cure the 
default; 

(2) the date by which the mortgagor shall cure the default to avoid acceleration, a 
foreclosure or other action to seize the home, which date shall not be less than 1 50 days after 
service of the notice and the name, address and local or toll free telephone number of a per- 



1109 



Chap. 258 

son to whom the payment or tender shall be made unless a creditor chooses to begin 
foreclosure proceedings after a right to cure period lasting less than 150 days that engaged 
in a good faith effort to negotiate and agree upon a commercially reasonable alternative but 
was not successful in resolving the dispute, in which case a foreclosure or other action to 
seize the home may take place on an earlier date to be specified; 

(3) that, if the mortgagor does not cure the default by the date specified, the 
mortgagee, or anyone holding thereunder, may take steps to terminate the mortgagor's 
ownership in the property by a foreclosure proceeding or other action to seize the home; 

(4) the name and address of the mortgagee, or anyone holding thereunder, and the 
telephone number of a representative of the mortgagee whom the mortgagor may contact if 
the mortgagor disagrees with the mortgagee's assertion that a default has occurred or the 
correctness of the mortgagee's calculation of the amount required to cure the default; 

(5) the name of any current and former mortgage broker or mortgage loan originator 
for such mortgage or note securing the residential property; 

(6) that the mortgagor may be eligible for assistance from the Homeownership 
Preservation Foundation or other foreclosure counseling agency, and the local or toll free 
telephone numbers the mortgagor may call to request this assistance; 

(7) that the mortgagor may sell the property prior to the foreclosure sale and use the 
proceeds to pay off the mortgage; 

(8) that the mortgagor may redeem the property by paying the total amount due, prior 
to the foreclosure sale; 

(9) that the mortgagor may be evicted from the home after a foreclosure sale; and 

(10) the mortgagor may have the following additional rights, depending on the terms 
of the residential mortgage: (i) to refinance the obligation by obtaining a loan which would 
fully repay the residential mortgage debtor; and (ii) to voluntarily grant a deed to the 
residential mortgage lender in lieu of foreclosure. 

The notice shall also include a declaration, in the language the creditor has regularly 
used in its communication with the borrower, appearing on the first page of the notice 
stating: "This is an important notice concerning your right to live in your home. Have it 
translated at once." 

The division of banks shall adopt regulations in accordance with this subsection. 

(i) To cure a default prior to acceleration under this section, a mortgagor shall not be 
required to pay any charge, fee or penalty attributable to the exercise of the right to cure a 
default. The mortgagor shall pay late fees as allowed pursuant to section 59 of chapter 1 83 
and per-diem interest to cure such default. The mortgagor shall not be liable for any 
attorneys' fees relating to the mortgagor's default that are incurred by the mortgagee or 
anyone holding thereunder prior to or during the period set forth in the notice required by this 
section. The mortgagee, or anyone holding thereunder, may also provide for reinstatement 
of the note after the 150-day notice to cure has ended. 

(j) A copy of the notice required by this section and an affidavit demonstrating 
compliance with this section shall be filed by the mortgagee, or anyone holding thereunder, 



1110 



Chap. 258 

in any action or proceeding to foreclose on such residential real property. 

(k) A copy of the notice required by this section shall also be filed by the mortgagee, 
or anyone holding thereunder, with the commissioner of the division of banks. Additionally, 
if the residential property securing the mortgage loan is sold at a foreclosure sale, the mort- 
gagee, or anyone holding thereunder, shall notify the commissioner of the division of banks, 
in writing, of the date of the foreclosure sale and the purchase price obtained at the sale. 

SECTION 8. Said chapter 244 is hereby further amended by striking out section 
3 5 A, as appearing in section 7, and inserting in place thereof the following section:- 

Section 3 5 A. (a) Any mortgagor of residential real property located in the 
commonwealth, shall have a 90-day right to cure a default of a required payment as provided 
in such residential mortgage or note secured by such residential real property by full payment 
of all amounts that are due without acceleration of the maturity of the unpaid balance of such 
mortgage. The right to cure a default of a required payment shall be granted once during any 
5 -year period, regardless of the mortgage holder. For the purposes of this section, 
"residential property", shall mean real property located in the commonwealth having thereon 
a dwelling house with accommodations for 4 or less separate households and occupied, or 
to be occupied, in whole or in part by the mortgagor; provided, however, that residential 
property shall be limited to the principal residence of a person; provided further, that 
residential property shall not include an investment property or residence other than a 
primary residence; and provided further, that residential property shall not include residential 
property taken in whole or in part as collateral for a commercial loan. 

(b) The mortgagee, or anyone holding thereunder, shall not accelerate maturity of the 
unpaid balance of such mortgage obligation or otherwise enforce the mortgage because of 
a default consisting of the mortgagor's failure to make any such payment in subsection (a) 
by any method authorized by this chapter or any other law until at least 90 days after the date 
a written notice is given by the mortgagee to the mortgagor. 

Said notice shall be deemed to be delivered to the mortgagor: (i) when delivered by 
hand to the mortgagor; or (ii) when sent by first class mail and certified mail or similar 
service by a private carrier to the mortgagor at the mortgagor's address last known to the 
mortgagee or anyone holding thereunder. 

(c) The notice required in subsection (b) shall inform the mortgagor of the following:- 

(1) the nature of the default claimed on such mortgage of residential real property and 
of the mortgagor's right to cure the default by paying the sum of money required to cure the 
default; 

(2) the date by which the mortgagor shall cure the default to avoid acceleration, a 
foreclosure or other action to seize the home, which date shall not be less than 90 days after 
service of the notice and the name, address and local or toll free telephone number of a 
person to whom the payment or tender shall be made; 

(3) that, if the mortgagor does not cure the default by the date specified, the 
mortgagee, or anyone holding thereunder, may take steps to terminate the mortgagor's 
ownership in the property by a foreclosure proceeding or other action to seize the home; 



1111 



Chap. 258 

(4) the name and address of the mortgagee, or anyone holding thereunder, and the 
telephone number of a representative of the mortgagee whom the mortgagor may contact if 
the mortgagor disagrees with the mortgagee's assertion that a default has occurred or the 
correctness of the mortgagee's calculation of the amount required to cure the default; 

(5) the name of any current and former mortgage broker or mortgage loan originator 
for such mortgage or note securing the residential property; 

(6) that the mortgagor may be eligible for assistance from the Massachusetts Housing 
Finance Agency and the division of banks and the local or toll free telephone numbers the 
mortgagor may call to request this assistance; 

(7) that the mortgagor may sell the property prior to the foreclosure sale and use the 
proceeds to pay off the mortgage; 

(8) that the mortgagor may redeem the property by paying the total amount due, prior 
to the foreclosure sale; 

(9) that the mortgagor may be evicted from the home after a foreclosure sale; and 

(1 0) the mortgagor may have the following additional rights, depending on the terms 
of the residential mortgage: (i) to refinance the obligation by obtaining a loan which would 
fully repay the residential mortgage debtor; and (ii) to voluntarily grant a deed to the 
residential mortgage lender in lieu of foreclosure. 

The notice shall also include a declaration, appearing on the first page of the notice 
stating: "This is an important notice concerning your right to live in your home. Have it 
translated at once." 

The division of banks shall adopt regulations in accordance with this subsection. 

(d) To cure a default prior to acceleration under this section, a mortgagor shall not 
be required to pay any charge, fee, or penalty attributable to the exercise of the right to cure 
a default. The mortgagor shall pay late fees as allowed pursuant to section 59 of chapter 183 
and per-diem interest to cure such default. The mortgagor shall not be liable for any 
attorneys' fees relating to the mortgagor's default that are incurred by the mortgagee or 
anyone holding thereunder prior to or during the period set forth in the notice required by this 
section. The mortgagee, or anyone holding thereunder, may also provide for reinstatement 
of the note after the 90 day notice to cure has ended. 

(e) A copy of the notice required by this section and an affidavit demonstrating 
compliance with this section shall be filed by the mortgagee, or anyone holding thereunder, 
in any action or proceeding to foreclose on such residential real property. 

(f) A copy of the notice required by this section shall also be filed by the mortgagee, 
or anyone holding thereunder, with the commissioner of the division of banks. Additionally, 
if the residential property securing the mortgage loan is sold at a foreclosure sale, the mort- 
gagee, or anyone holding thereunder, shall notify the commissioner of the division of banks, 
in writing, of the date of the foreclosure sale and the purchase price obtained at the sale. 

SECTION 9. Section 33 of chapter 266 of the General Laws, as appearing in the 
2008 Official Edition, is hereby amended by striking out clause (2) and inserting in place 
thereof the following clause: - (2) whoever, with intent to defraud, by a false statement in 



1112 



Chap. 258 

writing respecting the financial condition, or means or ability to pay, of himself or of any 
other person, obtains for himself or for any other person credit from any bank or trust 
company or any banking institution or any mortgage lender, as defined in section 1 of chapter 
25 5E, or any retail seller of goods or services accustomed to give credit in any form 
whatsoever shall be guilty of larceny. 

SECTION 10. Said chapter 266 is hereby further amended by striking out section 
34, as so appearing, and inserting in place thereof the following section:- 

Section 34. Whoever, with intent to defraud and by a false pretence, induces another 
to part with property of any kind or with any of the benefits described in sections 33 and 33A 
shall be guilty of larceny. 

SECTION 1 1 . Said chapter 266 is hereby further amended by inserting after section 
35 the following section:- 

Section 3 5 A. (a) As used in this section, the following words shall have the 
following meanings, unless the context clearly otherwise requires :- 

"Funds", shall include, but not be limited to, a commission, fee, yield spread 
premium or compensation in any form. 

"Material omission", the omission or concealment of a material fact necessary to 
prevent a statement from being misleading, in the light of the circumstances under which the 
statement is made. 

"Mortgage lending process", the process through which a person seeks or obtains a 
residential mortgage loan including, but not limited to, solicitation, application, origination, 
negotiation of terms, third-party provider services, underwriting, signing and closing, and 
funding of the loan; provided, however, that documents involved in the mortgage lending 
process shall include, but not be limited to, uniform residential loan applications or other 
loan applications, appraisal reports, HUD-1 settlement statements, supporting personal 
documentation for loan applications such as W-2 forms , verification of income and 
employment, bank statements, tax returns and payroll stubs and any required disclosures. 

"Pattern of residential mortgage fraud", violation of subsection (b) in connection with 
3 or more residential properties. 

"Person", a natural person, corporation, company, limited liability company, 
partnership, real estate trust, association or any other entity. 

"Residential mortgage loan", a loan or agreement to extend credit made to a person, 
which loan is secured by a mortgage, security interest, deed to secure debt, deed of trust, or 
other document representing a security interest or lien upon any interest in a 1 to 4 family 
residential property located in the commonwealth, including the renewal or refinancing of 
any such loan. 

(b) Whoever intentionally: (1) makes or causes to be made any material statement 
that is false or any statement that contains a material omission, knowing the same to be false 
or to contain a material omission, during or in connection with the mortgage lending process, 
with the intent that such statement be relied upon by a mortgage lender, borrower or any 
other party to the mortgage lending process; (2) uses, or facilitates the use of, any material 



1113 



Chap. 258 

statement that is false or any statement that contains a material omission, knowing the same 
to be false or to contain a material omission, during or in connection with the mortgage 
lending process, with the intent that such statement be relied upon by a mortgage lender, 
borrower or any other party to the mortgage lending process; (3) receives any proceeds or any 
other funds in connection with a residential mortgage closing, knowing such proceeds or 
funds were obtained in violation of clause (1) or (2); or (4) files or causes to be filed with a 
registrar of deeds any document that contains a material statement that is false or a material 
omission, knowing such document to contain a material statement that is false or a material 
omission, shall be punished by imprisonment in the state prison for not more than 5 years or 
by imprisonment in the house of correction for not more than 2 and one-half years or by a 
fine of not more than $10,000 in the case of a natural person or not more than $100,000 in 
the case of any other person, or by both such fine and imprisonment. 

Any person who engages in a pattern of residential mortgage fraud shall be punished 
by imprisonment in the state prison for not more than 1 5 years or by a fine of not more than 
$50,000, in the case of a natural person, or not more than $500,000 in the case of any other 
person, or by both such fine and imprisonment. 

(c) If a defendant is convicted of a violation of this section as a result of conduct or 
an omission by an employee or agent of the defendant the court may consider the following 
mitigating factors with respect to sentencing: 

(1) that the defendant had instituted and maintained at the time of the violation, and 
continues to have, a written policy including: 

(i) a prohibition against conduct that violates this section by employees and agents 
of the defendant; 

(ii) penalties or discipline for violation of the policy; 

(iii) a process for educating employees and agents concerning the policy and 
consequences of a violation thereof; and 

(iv) with respect to a defendant authorized to conduct criminal history checks for the 
employee's or agent's position, a requirement for a criminal history check before employing 
an employee or engaging an agent and a requirement that the defendant will not employ or 
engage an individual who has been convicted of a crime involving fraud; 

(2) a demonstration that the defendant enforces the policy described in clause (1 ); and 

(3) prior to the violation of this section the defendant provided a copy of the policy 
described in clause (1), including a description of the consequences for violating the policy, 
to the employee or agent who committed the violation. 

SECTION 12. Chapter 277 of the General Laws is hereby amended by inserting 
after section 62B the following section:- 

Section 62C. A violation of section 35 A of chapter 266 may be prosecuted and 
punished in: 

(1) the county in which the residential property for which a mortgage loan is being 
sought is located; 

(2) the county in which any act was performed in furtherance of the violation; 



1114 



Chap. 258 

(3) the county in which any person alleged to have violated this section had control 
or possession of any proceeds of, or other funds received as a result of the violation; 

(4) the county in which a closing on the mortgage loan occurred; or 

(5) the county in which a document containing a deliberate misstatement, 
misrepresentation or omission is filed with a registrar of deeds. 

SECTION 13. Section 4 shall take effect on November 1,2010. Sections 2 and 3 
shall take effect on November 1, 2010; provided, however, that the in-person counseling 
requirement in subsection (b) of section 7 A of chapter 1 67E of the General Laws and in 
subsection (b) of section 65C>4 of chapter 171 of the General Laws, as appearing in section 
3, shall take effect on August 1, 2012. 

SECTION 14. Section 8 shall take effect on January 1, 2016. 

Approved, August 7, 2010. 



Chapter 259. AN ACT REQUIRING ADEQUATE EDUCATION RELATIVE TO 
THE PROPER SAFETY AND OPERATION OF A MOTORCYCLE 
FOR MINORS. 

Whereas, The deferred operation of this act would tend to defeat its purpose, which 
is to further regulate forthwith the safety of minors operating motorcycles, therefore it is 
hereby declared to be an emergency law, necessary for the immediate preservation of the 
public convenience. 

Be it enacted, etc., as follows: 

Section 8 of chapter 90 of the General Laws, as appearing in the 2008 Official 
Edition, is hereby amended by inserting after the third paragraph the following paragraph:- 

A minor under 1 8 years of age may be issued a motorcycle license or motorcycle 
endorsement if the minor: (i) meets the requirements for a junior operator's license set forth 
in clauses (a) to (e), inclusive; and (ii) successfully completes a motorcycle basic rider course 
approved by the registrar and presents proof of such completion in such form as the registrar 
may require. 

Approved, August 7, 2010. 



Chapter 260. AN ACT AUTHORIZING THE TOWN OF SHERBORN TO USE 
CERTAIN TOWN FOREST LAND. 

Be it enacted, etc., as follows: 



1115 



Chap. 260 

SECTION 1. The town of Sherborn may change the use of a parcel of land 
containing approximately 1.57 acres, as shown on a plan prepared by Traffic Solutions, dated 
November 20, 2008 and entitled "Pine Hill Elementary School Proposed Access Road," a 
copy of which is on file with the office of the town clerk, which land is currently part of the 
Sherborn Town Forest, so that it may be used for general municipal purposes. As a condition 
of the approval of this change in use, the town shall transfer a parcel of town-owned land 
shown on town of Sherborn assessor's map 13 as plot 41, located on Sparhawk Road and 
containing approximately 3.0 acres, more or less, as described in a tax taking recorded in the 
south Middlesex registry of deeds at book 20953, page 511, from the care and custody of the 
Sherborn board of selectmen for general municipal purposes, to the care and custody of the 
Sherborn Town Forest committee for the purpose of adding this parcel to the town forest. 

SECTION 2. This act shall take effect upon its passage. 

Approved, August 7, 2010. 



Chapter 261. AN ACT RELATIVE TO THE QUALIFICATIONS, SERVICE AND 
SALARY OF COUNTY MANAGERS. 

Whereas, The deferred operation of this act would tend to defeat its purpose, which 
is to establish forthwith qualifications for county managers, therefore it is hereby declared 
to be an emergency law, necessary for the immediate preservation of the public convenience. 

Be it enacted, etc., as follows: 

Subsection (B) of section 1 8 of chapter 34A of the General Laws, as appearing in the 
2008 Official Edition, is hereby amended by striking out paragraphs (i) and (ii) and inserting 
in place thereof the following 2 paragraphs:- 

(i) The county manager shall be qualified by administrative and executive experience 
and ability to serve as the chief executive of the county. The county manager shall be 
appointed by a majority vote of the commissioners and shall serve at the pleasure of the 
commissioners. The county manager may be removed by majority vote of the commissioners 
subject to due notice and a public hearing. Such notice shall be in writing and shall be 
accompanied by a written bill of particular charges and complaints. The public hearing on 
these charges shall be held no less than 15 nor more than 30 days after personal service of 
notice and charges. 

At the time of the county manager's appointment the manager need not be a resident 
of the county but must reside within the county after the manager's initial probationary 
period. 

(ii) The position of a county manager may be a full or part-time position. The salary 
of the county manager shall be fixed by the commissioners, shall be reasonable and shall 
reflect whether the position is full or part-time. 

Approved, August 7, 2010. 

1116 



Chapter 262. AN ACT RELATIVE TO THE POLICE DEPARTMENT OF THE 
UNIVERSITY OF MASSACHUSETTS. 

Be it enacted, etc., as follows: 

SECTION 1. Section 116 of chapter 6 of the General Laws, as appearing in the 2008 
Official Edition, is hereby amended by striking out, in lines 42 and 43, the words "and 
candidates for appointment as municipal police officers" and inserting in place thereof the 
following words:- , candidates for appointment as municipal police officers, environmental 
law enforcement officers and the University of Massachusetts police officers. 

SECTION 2. Section 1 16A of said chapter 6, as so appearing, is hereby amended 
by inserting after the word "department", in line 15, the following words:- , the office of 
environmental law enforcement, the University of Massachusetts. 

SECTION 3. Section 1 16C of said chapter 6, as so appearing, is hereby amended 
by inserting after the word "department", in line 9, the first time it appears, the following 
words:- , the office of environmental law enforcement, the University of Massachusetts. 

Approved, August 7, 2010. 



Chapter 263. AN ACT AUTHORIZING THE LEASE OF A CERTAIN PARCEL OF 
STATE-OWNED LAND TO PLIMOTH PLANTATION. 

Be it enacted, etc., as follows: 

SECTION 1. Notwithstanding sections 40E to 40 J, inclusive, of chapter 7 of the 
General Laws, the commissioner of capital asset management and maintenance, in 
consultation with the department of conservation and recreation, may lease for nominal 
consideration certain parcels of land in the town of Plymouth, subject to such terms and 
conditions as may be determined by the commissioner, in consultation with the department, 
to the Plimoth Plantation for a term of up to 20 years. The parcels are shown on a plan of 
land entitled "Plan of Land Plymouth, MA. Showing Proposed License Areas For Plimouth 
Plantation Buildings on Land of Commonwealth of Massachusetts Drawn by Stenbeck & 
Taylor, Inc. Dated December 22, 2008". Plimoth Plantation shall provide educational 
services to the public as additional consideration for the lease. 

SECTION 2. The lessee shall use the property solely for Plimoth Plantation 
operational purposes and the lease or other agreement pertaining to the lease of the property 
shall include a provision restricting the use of the property to those purposes and providing 
for a reversion of the property to the commonwealth if the property ceases to be used for such 
purposes or is used for any other purpose. 

SECTION 3. If the lessee ceases to use and maintain the property for the purposes 
specified in section 2 or uses the property for any other purpose, the lease shall terminate and 
the property shall revert to the commonwealth. 



1117 



Chap. 263 

SECTION 4. During the term of the lease, the lessee shall be responsible for 
operating and maintaining the leased property and for all costs associated with such operation 
and maintenance. 

SECTION 5. The lessee shall be responsible for any costs associated with the lease 
of the property under this act, including costs of surveys and legal or recording fees. 

Approved, August 7, 2010. 



Chapter 264. AN ACT AUTHORIZING CERTAIN MASSPORT EMPLOYEES TO 
RECEIVE BENEFITS FROM THE BAYSWATER 
ENVIRONMENTAL PROGRAM. 

Be it enacted, etc., as follows: 

SECTION 1. Section 7 of chapter 268A of the General Laws is hereby amended by 
striking out, in lines 78 and 79, as appearing in the 2008 Official Edition, the words 
"administered by said Authority, provided that any such officer has no financial 
responsibility for the administration of said program" and inserting in place thereof the 
following words:- or the bayswater environmental program provided that the officer or 
employee has no responsibility for the administration for that program from which he is to 
receive the benefit. 

SECTION 2. The first paragraph of section 23 of chapter 465 of the acts of 1 956 is 
hereby amended by inserting after the word "program", inserted by section 2 of chapter 301 
of the acts of 1993, the following words:- or from eligibility for any benefit from the 
Bayswater environmental program if the officer or employee has no responsibility for the 
administration of the program. 

Approved, August 7, 2010. 



Chapter 265 AN ACT RELATIVE TO CERTAIN TEMPORARY 
REGISTRATIONS AND VOLUNTEER DENTISTRY. 

Be it enacted, etc., as follows: 

SECTION 1. Chapter 112 of the General Laws is hereby amended by inserting after 
section 45A the following 2 sections:- 

Section 45B. An applicant for temporary registration under this section who is 1 8 
years of age or over and of good moral character who shall furnish the board with satisfactory 
proof that he has received a diploma from the faculty of a reputable dental college as defined 
in section 46 and who shall furnish the board with satisfactory proof that he is receiving or 
providing continuing education or training in a private or commercial dental facility or dental 



1118 



Chap. 265 

convention that is approved for those purposes by the American Dental Association, the 
Academy of General Dentistry, a similar organization or an institution of higher education, 
may, upon payment of a fee to be determined annually by the commissioner of administration 
under section 3B of chapter 7 be registered by the board as a temporary registrant for 2 years. 
The temporary registration shall entitle the applicant to practice dentistry only in the facility 
designated on his registration and under the direction of a registered dentist employed 
therein. Temporary registration under this section may be revoked at any time by the board 
and a holder of a temporary registration shall not practice dentistry in a private or commercial 
dental facility or dental convention other than in connection with the aforementioned 
continuing education training. 

Section 45C. (a) The board may grant to or renew a certificate of registration of a 
dentist qualified for registration or renewal of the same under this chapter without payment 
of a fee; provided, that the dentist has agreed to restrict his practice to that of a volunteer 
practitioner in a specified free care program operated by a nonprofit organization. The scope 
of practice of a dentist whose certificate of registration is granted or renewed pursuant to this 
section may be restricted as the board may provide by regulation. 

(b) In order to qualify for a license for volunteer practice, an applicant shall meet the 
requirements for a regular license under this chapter, in addition to the requirements of this 
section. An applicant shall submit to the board a completed application on a form prescribed 
by the board and any additional information that the board requests. An applicant shall agree 
to the conditions on practice promulgated by the board. 

(c) The board's application form for a license for volunteer practice shall include a 
request for the following information: 

( 1 ) a written statement from the applicant outlining the scope and duration of services 
to be provided by the applicant; 

(2) a written statement from the director of the applicant's proposed work site 
outlining the scope and duration of the applicant's responsibilities; and 

(3) evidence satisfactory to the board that, in the proposed work site, the volunteer 
dentist will be serving without compensation and providing free dental care to a low-income 
community, or a community with limited access to dental care. 

(d) If an applicant has met all of the requirements of this section to the satisfaction 
of the board, the applicant shall be granted a license for volunteer practice and entitled to a 
certificate of registration signed by the chairman and the secretary of the board. A licensee 
engaged in volunteer practice may practice dentistry only at a work site approved in 
conjunction with his license application; shall be subject to the same conditions and 
responsibilities as a regular licensee; and may not accept any compensation for the practice 
of dental medicine. 

SECTION 2. The board of registration in dentistry shall promulgate regulations 
necessary to carry out section 1 not later than 3 months following the effective date of this 
act. 



1119 



Chap. 265 

SECTION 3. The commissioner of public health, or his designee, shall study the 
impact of the Federal Volunteer Protection Act of 1997 and the Free Clinics Federal Tort 
Claims Act Medical Malpractice Program on health care volunteers in the commonwealth. 
The commissioner shall also review ways in which the commonwealth may act to provide 
legal counsel and defense to volunteers who may be eligible for the protections afforded in 
the Volunteer Protection Act of 1997 or the Free Clinics Federal Tort Claims Act Medical 
Malpractice Program. 

The commissioner shall report to the general court the results of the investigation and 
study and his recommendations, if any, together with drafts of legislation necessary to carry 
its recommendations into effect by filing the same with the clerk of the senate and the joint 
committee on health care no later than December 31, 2010. 

Approved, August 7, 2010. 



Chapter 266. AN ACT AUTHORIZING THE DIVISION OF CAPITAL ASSET 
MANAGEMENT AND MAINTENANCE TO LEASE CERTAIN LAND 
IN THE TOWN OF SPENCER TO THE WORCESTER COUNTY 4H 
CENTER. 

Be it enacted, etc., as follows: 

SECTION 1. Notwithstanding sections 40E to 40 J, inclusive, of chapter 7 of the 
General Laws or any other general or special law to the contrary, the division of capital asset 
management and maintenance, in consultation with the department of conservation and 
recreation, may execute and deliver on behalf of the commonwealth, subject to such terms 
and conditions as may be determined by the division in consultation with the department, 1 
or more instruments to lease certain land together with the buildings thereon, now part of a 
state forest under the care and control of the department and consisting of approximately 20 
acres on the shore of Thompson's pond located in the town of Spencer, the leased area to be 
shown on a plan of land suitable for recording at the Worcester county registry of deeds, to 
the Worcester County 4H Center Committee for terms not to exceed 25 years for use as a 
meeting place for the committee, for the development of interest in agriculture by young 
people and to run a summer day camp program. The lease authorized by this act shall 
commence upon the expiration of the lease for the land and buildings authorized by chapter 
256 of the acts of 1971 . The lease shall also contain such terms and conditions as necessary 
to comply with all laws for the protection offish, birds and quadrupeds and the preservation 
and development of the forest. The control and supervision of the land and buildings shall 
remain under the department, except as provided under the terms of the lease, and all 
provisions relating to state forests not inconsistent with this act shall remain in full force and 
effect. The lease price to be paid by the Worcester County 4H Center Committee for the land 



1120 



Chap. 266 

and buildings shall be the full and fair market value of the land and buildings for use as 
described in this act, such fair market value to be determined by 1 or more professional 
appraisals commissioned by the division; provided however, that the lease price may be 
reduced or waived by the division, in consultation with the department, in the event that such 
payment imposes a hardship on the lessee or significantly interferes with the operations of 
the Worcester County 4H Center Committee at the property as demonstrated in an annual 
financial statement to be submitted by the Worcester County 4H Center Committee to the 
division and the department. The amount of any reduction in the lease payment shall in no 
event exceed the dollar amount of capital improvements made to the buildings and grounds 
by the Worcester County 4H Center Committee as documented in the annual financial 
statement. Thirty days before the execution of a lease authorized by this act or any 
subsequent amendment to the lease, the commissioner shall submit the lease or amendment 
and a report thereon to the inspector general. The inspector general shall review and approve 
the appraisal or appraisals and the review and appraisal shall include an examination of the 
methodology utilized for the appraisal or appraisals. The inspector general shall prepare a 
report of his review and approval of the appraisal and file a report with the commissioner and 
copies of the same shall be filed with the house and senate committees on ways and means 
and with the chairmen of the joint committee on state administration at least 15 days before 
execution of the lease or amendment. The price paid by the Worcester County 4H Center 
Committee for any such lease or amendment authorized by this act shall be deposited in the 
General Fund of the commonwealth. 

SECTION 2. The Worcester County 4H Center Committee shall be responsible for 
all costs associated with any appraisal, survey or other expense incurred by the 
commonwealth relating to any lease authorized by section 1 and for any costs, liabilities or 
expenses of any kind for the development, improvement, maintenance or operation of the 
parcel as may be determined by the division in consultation with the department. 

SECTION 3. The Worcester County 4H Center Committee shall carry such 
comprehensive liability insurance in an amount deemed adequate by the commissioner to 
protect the commonwealth and the committee against personal injury or property damage 
occurring on the leased land, within the buildings or within any other structures built or used 
by the committee on the land during the term of any lease authorized by this act. 

SECTION 4. If during the term of the lease the Worcester County 4H Center 
Committee does not use the land and buildings for the purposes described herein for a period 
of 2 years, the lease authorization may be terminated upon notice to the committee and the 
land and buildings, together with any improvements thereon, shall revert to the 
commonwealth under the care and control of the department. Any further disposition of the 
parcel shall be subject to sections 40E to 40J, inclusive, of chapter 7 of the General Laws and 
shall have the prior approval of the general court. 

SECTION 5. Except as provided herein, nothing in this act shall be construed to 
prevent the use of the forest by the public to the same extent as if this act had not been in 
effect. 



1121 



Chap. 266 

SECTION 6. The commissioner of capital asset management and maintenance, in 
consultation with the department of conservation and recreation, may extend or renew the 
lease authorized in this act for an additional period for not more than 20 years upon such 
terms that are consistent with this act. 

Approved, August 7, 2010. 



Chapter 267. AN ACT RELATIVE TO THE PROTECTION OF CHILDREN. 

Be it enacted, etc., as follows: 

SECTION 1. Section 178C of chapter 6 of the General Laws, as appearing in the 
2008 Official Edition, is hereby amended by inserting after the words "1 3B of chapter 265", 
in lines 56, 87 and 106, the following words, in each instance:- ; aggravated indecent assault 
and battery on a child under the age of 14 under section 13BV4 of said chapter 265; a repeat 
offense under section 13B% of said chapter 265. 

SECTION 2. Said section 1 78C of said chapter 6, as so appearing, is hereby further 
amended by inserting after the figure "265", in lines 60, 88 and 109, the following words, in 
each instance:- ; aggravated rape of a child under 16 with force under section 22B of said 
chapter 265; a repeat offense under section 22C of said chapter 265. 

SECTION 3. Said section 178C of said chapter 6, as so appearing, is hereby further 
amended by inserting after the figure "265", in lines 6 1 and 89, the following words, in each 
instance:- ; aggravated rape and abuse of a child under section 23 A of said chapter 265; a 
repeat offense under section 23B of said chapter 265. 

SECTION 4. Section 178H of said chapter 6, as so appearing, is hereby amended 
by inserting after the figure "13B", in line 12, the following figures:- , 13BV2, 13B%. 

SECTION 5. Said section 178H of said chapter 6, as so appearing, is hereby further 
amended by inserting after the figure "22A", in line 12, the following figures:- , 22B, 22C. 

SECTION 6. Said section 1 78H of said chapter 6, as so appearing, is hereby further 
amended by inserting after the figure "23", in line 12, the following figures:- , 23 A, 23B. 

SECTION 7. Section 1 of chapter 9A of the General Laws, as so appearing, is 
hereby amended by inserting after the figure "22A", in line 1 6, the following figures:- , 22B, 
22C. 

SECTION 8. Said section 1 of said chapter 9A, as so appearing, is hereby further 
amended by inserting after the figure "23", in line 16, the following figures:- , 23 A, 23B. 

SECTION 9. Said section 1 of said chapter 9A, as so appearing, is hereby further 
amended by inserting after the figure "13B", in line 18, the following figures:- , 13B'/2, 
13B 3 / 4 . 

SECTION 10. Section 37 of chapter 22C of the General Laws, as so appearing, is 



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Chap. 267 

hereby amended by inserting after the word "thirteen B", in line 6, the following figures:- , 
13B!/ 2 , 13B 3 / 4 . 

SECTION 11. Section 72K of chapter 1 1 1 of the General Laws, as so appearing, is 
hereby amended by inserting after the figure "13B", in line 13, the following figures:- , 
13B!/ 2 , 13B 3 / 4 . 

SECTION 12. Said section 72K of said chapter 1 1 1, as so appearing, is hereby 
further amended by inserting after the figure "22 A", in line 1 3, the following figures:- , 22B, 
22C, 23, 23A, 23B. 

SECTION 13. Subsection (k) of section 51B of chapter 1 19 of the General Laws is 
hereby amended by striking out clause (2) and inserting in place thereof the following 
clause:- (2) a child has been sexually assaulted, which shall include a violation of section 
13B, 13B!/ 2 , 13B 3 / 4 , 13H, 22, 22A, 22B, 22C, 23, 23A, 23B, 24 or 24B of chapter 265. 

SECTION 14. Section 55B of said chapter 1 19, as so appearing, is hereby amended 
by inserting after the figure "13B", in line 16, the following figures:- , 13BV2, 13B%. 

SECTION 15. Said section 55B of said chapter 119, as so appearing, is hereby 
further amended by inserting after the figure "22A", in line 16, the following figures:- , 22B, 
22C. 

SECTION 16. Said section 55B of said chapter 119, as so appearing, is hereby 
further amended by inserting after the figure "23", in line 16, the following figures:- , 23 A, 
23B. 

SECTION 17. Section 58 of said chapter 1 19, as so appearing, is hereby amended 
by inserting after the figure "13B", in line 12, the following figures:- , 13BV2, 13B 3 /4. 

SECTION 18. Said section 58 of said chapter 1 1 9, as so appearing, is hereby further 
amended by inserting after the figure "22 A", in line 12, the following figures:- , 22B, 22C. 

SECTION 19. Said section 58 of said chapter 1 1 9, as so appearing, is hereby further 
amended by striking out the words "or section 23", in lines 12 and 13, and inserting in place 
thereof the following figures:- 23, 23A or 23B. 

SECTION 20. Section 12 of chapter 120 of the General Laws, as so appearing, is 
hereby amended by inserting after the word "two hundred and sixty-five", in line 9, the 
following words:- ; or aggravated rape of a child under 16 with force, under section 22B of 
said chapter 265; or a repeat offense, under section 22C of said chapter 265. 

SECTION 21. Said section 1 2 of said chapter 120, as so appearing, is hereby further 
amended by inserting after the word "two hundred and sixty-five", in line 10, the following 
words:- ; or aggravated rape and abuse of a child, under section 23 A of said chapter 265; or 
a repeat offense, under section 23B of said chapter 265. 

SECTION 22. Said section 12 of said chapter 120, as so appearing, is hereby further 
amended by inserting after the word "two hundred and sixty-five", in line 12, the following 
words:- ; or aggravated indecent assault and battery on a child under the age of 14, under 
section 13BV2 of said chapter 265; or a repeat offense, under section 13B 3 /4 of said chapter 
265. 



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Chap. 267 

SECTION 23. Section 1 of chapter 123 A of the General Laws, as so appearing, is 
hereby amended by inserting after the word "two hundred and sixty-five", in line 39, the 
following words:- ; aggravated indecent assault and battery on a child under the age of 14 
under section 13B ! /£ of chapter 265; a repeat offense under section 13B 3 /4 of chapter 265. 

SECTION 24. Said section 1 of said chapter 123 A, as so appearing, is hereby 
further amended by inserting after the word "two hundred and sixty-five", in line 46, the 
following words:- ; aggravated rape of a child under 16 with force under section 22B of 
chapter 265; a repeat offense under section 22C of chapter 265. 

SECTION 25. Said section 1 of said chapter 123 A, as so appearing, is hereby 
further amended by inserting after the word "two hundred and sixty-five", in line 48, the 
following words:- ; aggravated rape and abuse of a child under section 23A of chapter 265; 
a repeat offense under section 23B of chapter 265. 

SECTION 26. Said section 1 of said chapter 123 A, as so appearing, is hereby 
further amended by inserting after the figure "13B", in line 52, the following figures:- , 
13B l / 2 , 13B 3 /4. 

SECTION 27. Said section 1 of said chapter 123 A, as so appearing, is hereby 
further amended by inserting after the figure "22A", in line 53, the following figures:- , 22B, 
22C. 

SECTION 28. Said section 1 of said chapter 123 A, as so appearing, is hereby 
further amended by inserting after the figure "23", in line 53, the following figures:- , 23 A, 
23B. 

SECTION 29. Section 49B of chapter 127 of the General Laws, as so appearing, is 
hereby amended by inserting after the word "thirteen B", in lines 42 and 43, the following 
figures:- , 13B ! /2, 13B 3 / 4 . 

SECTION 30. Said section 49B of said chapter 127, as so appearing, is hereby 
further amended by inserting after the word "twenty-two A", in line 43, the following 
figures:- , 22B, 22C. 

SECTION 31. Said section 49B of said chapter 127, as so appearing, is hereby 
further amended by inserting after the word "twenty-three", in line 43, the following figures:- 
, 23A, 23B. 

SECTION 32. Section 49C of said chapter 127, as so appearing, is hereby amended 
by inserting after the word "thirteen B", in lines 21 and 22, the following figures:- , 13BVi, 
13B 3 / 4 . 

SECTION 33. Said section 49C of said chapter 127, as so appearing, is hereby 
further amended by inserting after the word "twenty-two A", in line 22, the following 
figures:- , 22B, 22C. 

SECTION 34. Said section 49C of said chapter 127, as so appearing, is hereby 
further amended by inserting after the word "twenty-three", in line 22, the following figures:- 
, 23 A, 23B. 



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Chap. 267 

SECTION 35. Section 83B of said chapter 127, as so appearing, is hereby amended 
by inserting after the word "twenty-two", in line 7, the following figures:- , 22A, 22B, 22C. 

SECTION 36. Said section 83B of said chapter 127, as so appearing, is hereby 
further amended by inserting after the word "twenty-three", in line 7, the following figures:- 
,23A,23B. 

SECTION 37. Section 90 A of said chapter 127, as so appearing, is hereby amended 
by inserting after the word "thirteen B", in line 9, the following figures:- , 13B/4, 13B%. 

SECTION 38. Said section 90 A of said chapter 127, as so appearing, is hereby 
further amended by inserting after the word "twenty-two A", in lines 10 and 11, the 
following figures:- , 22B, 22C. 

SECTION 39. Said section 90A of said chapter 127, as so appearing, is hereby 
further amended by inserting after the word "twenty-three", in line 1 1 , the following figures:- 
, 23A, 23B. 

SECTION 40. Section 1 33E of said chapter 127, as so appearing, is hereby amended 
by inserting after the figure "265", in line 1 1, the following words:- ; aggravated indecent 
assault and battery on a child under 14 under section 13B/4 of said chapter 265; a repeat 
offense under section 13B% of said chapter 265. 

SECTION 41. Said section 133E of said chapter 127, as so appearing, is hereby 
further amended by inserting after the figure "265", in line 15, the following words:- ; 
aggravated rape of a child under 16 with force under section 22B of said chapter 265; a 
repeat offense under section 22C of said chapter 265. 

SECTION 42. Said section 133E of said chapter 127, as so appearing, is hereby 
further amended by inserting after the figure "265", in line 16, the following words:- ; 
aggravated rape and abuse of a child under section 23 A of said chapter 265; a repeat offense 
under section 23B of said chapter 265. 

SECTION 43. Section 1 52 of said chapter 127, as so appearing, is hereby amended 
by inserting after the word "thirteen B", in line 39, the following figures:- , 13BV£, 13B%. 

SECTION 44. Said section 152 of said chapter 127, as so appearing, is hereby 
further amended by inserting after the word "twenty-two A", in lines 41 and 42, the 
following figures:- , 22B, 22C. 

SECTION 45. Said section 152 of said chapter 127, as so appearing, is hereby 
further amended by inserting after the word "twenty-three", in line 42, the following figures:- 
, 23A, 23B. 

SECTION 46. Section 21B of chapter 233 of the General Laws, as so appearing, is 
hereby amended by inserting after the word "thirteen B", in lines 3 and 4, the following 
figures:-, 13B!/ 2 ,13B 3 / 4 . 

SECTION 47. Said section 2 IB of said chapter 233, as so appearing, is hereby 
further amended by inserting after the word "twenty-two A", in line 4, the following figures:- 
, 22B, 22C. 



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Chap. 267 

SECTION 48. Said section 2 IB of said chapter 233, as so appearing, is hereby 
further amended by inserting after the word "twenty-three", in line 4, the following figures :- 
, 23A, 23B. 

SECTION 49. Section 4C of chapter 260 of the General Laws, as so appearing, is 
hereby amended by inserting after the word "thirteen B", in line 10, the following figures:- 
, 13B ! /2, 13B 3 / 4 . 

SECTION 50. Said section 4C of said chapter 260, as so appearing, is hereby further 
amended by inserting after the word "twenty-two A", in line 11, the following figures:- , 
22B, 22C. 

SECTION 51 . Said section 4C of said chapter 260, as so appearing, is hereby further 
amended by inserting after the word "twenty-three", in line 1 1 , the following figures:- , 23 A, 
23B. 

SECTION 52. Section 13L of chapter 265 of the General Laws, as so appearing, is 
hereby amended by inserting after the figure "265", in line 8, the following words:- ; 
aggravated indecent assault and battery on a child under 14 under section 13B'/2 of said 
chapter 265; a repeat offense under section 13BV4 of said chapter 265. 

SECTION 53. Said section 13L of said chapter 265, as so appearing, is hereby 
further amended by inserting after the figure "265", in line 11, the fo