Chap. 108. AN ACT ESTABLISHING THE ESSEX COUNTY, CITY OF Be it enacted, etc., as follows: SECTION 1. Section 1 of chapter 516 of the acts of 1958 is hereby amended by striking out the first paragraph, as amended by section 1 of chapter 638 of the acts of 1965, and inserting in place thereof the following paragraph: The area in Essex county not including any city or town already a member of an organized mosquito control project, the city of Revere and the towns of Winthrop and North Reading are hereby constituted a mosquito control project under section five A of chapter two hundred and fifty-two of the General Laws, to the same extent as if so constituted by the state reclamation board acting under said section five A and the improvements herein authorized shall be undertaken under the identifying name of the Essex County, City of Revere and Towns of Winthrop and North Reading Mosquito Control Project. SECTION 2. Said chapter 516 of the acts of 1958 is hereby further amended by striking out section 2, as amended by section 2 of said. chapter 638, and inserting in place thereof the following section: Section 2. The funds appropriated and deposited as aforesaid shall be expended by the Essex County, City of Revere and Towns of Winthrop and North Reading Mosquito Control Project for the investigation of mosquito control works, and the construction and maintenance thereof, in said county, city and towns under the direction and supervision of the state reclamation board in accordance with such known methods as in its opinion will effect the greatest measure of relief. Approved April 4, 1967. Chap. 109. AN ACT AUTHORIZING ASSISTANT CLERKS TO RELEASE CERTAIN DEFENDANTS ON THEIR WRITTEN PERSONAL Be it enacted, etc., as follows: Chapter 681 of the acts of 1966 is hereby amended by striking out section 1 and inserting in place thereof the following section: Section 1. Any person charged with an offense under the jurisdiction of the district courts as described in section twenty-six of chapter two hundred and eighteen of the General Laws shall, at his appearance before a justice or a clerk or assistant clerk of the district court, a bail commissioner or master in chancery, be ordered released pending trial on his personal recognizance which shall be in writing signed by said person on forms approved by the chief justice of the district courts, unless said justice, clerk or assistant clerk, bail commissioner or master in chancery determines in the exercise of his discretion that such a release will not reasonably assure the appearance of the person as required. In his determination, said justice, clerk or assistant clerk, bail commissioner or master in chancery shall, on the basis of available information, take into account the nature and circumstances of the offense charged, the accused's family ties, financial resources, character and mental condition, the length of residence in the community, his record of convictions and appearances at court proceedings, or of any previous flight to avoid prosecution, or any previous failure to appear at any court proceedings. Ŝaid determination need not be in writing. Said justice, clerk or assistant clerk, bail commissioner or master in chancery authorizing the release of a person on recognizance under this act shall inform such person of the penalties provided by section eighty-two A of chapter two hundred and seventy-six of the General Laws if such person fails without sufficient excuse to appear personally at the specified time and place. Any person found guilty by a district court who appeals from such finding shall, subject to the foregoing provisions, be released on his personal recognizance pending disposition in the superior court. Any person aggrieved by the refusal of said justice, clerk or assistant clerk, bail commissioner or master in chancery to authorize his release on recognizance under this act may petition the superior court for review of such decision. Such petition shall be filed in the superior court for the county in which said district court is located and may, if a justice of the superior court is not sitting in said county, be heard by a justice of the superior court sitting in any county. Said petition shall have priority over any other matter before said justice and he shall, if he finds that such person shall be released on his personal recognizance, order such release. Approved April 4, 1967. Chap. 110. AN ACT PROVIDING THAT THE DIRECTOR OF CIVIL SERVICE MAY HOLD CERTAIN EXAMINATIONS WHENEVER PUBLIC Whereas, The deferred operation of this act would tend to defeat its purpose, which is to authorize the director of civil service forthwith to hold certain civil service examinations from time to time in order to establish eligible lists for certain positions, 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 31 of the General Laws is hereby amended by inserting after section 8 the following section: Section 8A. In addition to the examinations provided for by section eight, the director may prepare notices of open competitive examinations which shall be held from time to time whenever he determines that the public convenience so requires. The provisions of section eight relative to the sending, posting and contents of notices shall apply to notices prepared under this section; provided, however, that such notice shall not state a final date for filing applications nor a date on which such examination shall be held. Applications for any such examination shall be received at any time after the posting of the notice, and applicants shall be notified of the date of such examination by writing sent at least ten days prior to said date. Section twelve A shall not apply to examinations held under this section. Applicants who fail to achieve a passing score in any such examination may not compete again in the written portion of the same examination within six months following the original date of taking the examination. SECTION 2. Section 9 of said chapter 31, as appearing in the Tercentenary Edition, is hereby amended by striking out, in line 2, the words "the preceding section" and inserting in place thereof the words:section eight. Approved April 5, 1967. Chap. 111. AN ACT RELATIVE TO DRIVER EDUCATION COURSES IN SCHOOLS. Be it enacted, etc., as follows: Chapter 71 of the General Laws is hereby amended by striking out section 13D and inserting in place thereof the following section: Section 13D. Motor vehicle driving education may be incorporated as a phase of the safety education program in high schools of the commonwealth. The content of driver education courses shall be established by the commissioner of education in collaboration with the registrar of motor vehicles. Courses in motor vehicle driver education may be given as evening courses in the schools of any town for the training of persons under twenty-five years of age. No person shall be precluded from taking any such course because he is licensed to operate motor vehicles. School committees may fix reasonable fees for tuition in such evening courses or may provide that no fee shall be charged. The front seats of motor vehicles used for driver education under this section shall be equipped with safety belts for the instructor and the pupil. Approved April 5, 1967. Chap. 112. AN ACT FURTHER DEFINING ELIGIBILITY FOR CERTAIN PROMOTIONS UNDER THE CIVIL SERVICE LAW. Be it enacted, etc., as follows: Section 15 of chapter 31 of the General Laws is hereby amended by striking out paragraph A, as amended by chapter 192 of the acts of 1966, and inserting in place thereof the following paragraph: A. An appointing authority, with the approval of the director, may promote in the same department in the official service a permanent employee in one grade to the next higher grade as determined by the director; provided that such employee has been employed in such department after certification on a permanent basis in the lower grade for at least three years next preceding the date of request, is the oldest employee, the second oldest employee or the third oldest employee in length of service, as computed in accordance with the provisions of section fifteen D, and that such employee passes a qualifying examination prescribed by the director. In case of promotions of more than one employee, the next oldest employees in succession in length of service may be selected from the same number of such oldest employees as that provided in the civil service rules governing certification for more than one vacancy. If there is only one permanent employee in a department of a city, town or district, such employee may be promoted on the request of the appointing authority; provided, such employee has been employed on a permanent basis, after certification, for at least one year, and that such employee passes a qualifying examination prescribed by the director. This paragraph shall not apply in any case where a promotion is required to be made as provided in section twenty. Approved April 5, 1967. Chap. 113. AN ACT PROVIDING THAT A PERSON ADOPTED IN ANOTHER STATE OR COUNTRY SHALL HAVE THE SAME RIGHTS OF IN THE COMMONWEALTH. Be it enacted, etc., as follows: Chapter 210 of the General Laws is hereby amended by striking out section 9, as appearing in the Tercentenary Edition, and inserting in place thereof the following section: Section 9. A person adopted in another state or country, in accordance with the laws thereof, shall upon proof of such fact be entitled in this commonwealth to the same rights of succession to property as he would have had if he had been adopted in the commonwealth. Approved April 5, 1967. Chap. 114. AN ACT RELATIVE TO THE DISTRIBUTION OF THE PROPERTY OF AN ADOPTED PERSON WHO DIES INTESTATE AND PRO- Be it enacted, etc., as follows: Chapter 210 of the General Laws is hereby amended by striking out section 7, as most recently amended by chapter 252 of the acts of 1965, and inserting in place thereof the following section: Section 7. A person adopted in accordance with this chapter shall take the same share of that property which the adopting parent could dispose of by will as he would have taken if born to such parent in lawful wedlock, and he shall stand to the kindred of such adopting parent in the same position as if so born to him. If the person adopted dies intestate, his property shall be distributed according to chapters one hundred and ninety and one hundred and ninety-six among the persons who would have been his kindred if he had been born to his adopting parent in lawful wedlock. The apportionment and distribution shall be ascertained by the court. A person shall by adoption lose his right to inherit from his natural parents or kindred. The court may decree that the rights of succession to property under this section. shall vest in the person adopted as of the date of the filing of the petition. for adoption. Approved April 5, 1967. Chap. 115. AN ACT RELATIVE TO THE DISPOSITION OF ABSENT VOTING BALLOT APPLICATIONS OF QUALIFIED VOTERS AND THE Be it enacted, etc., as follows: SECTION 1. Section one hundred and three I of chapter fifty-four of the General Laws is hereby repealed. SECTION 2. The fifth paragraph of section 103J of said chapter 54, as appearing in chapter 511 of the acts of 1962, is hereby amended by striking out the first sentence and inserting in place thereof the following sentence: The registrars shall cause a suitable index to be made containing the name of each person deemed to be qualified for voting under this section, his place of legal residence, with the street and number of his address, if any, the time of making such application, the name of the unit of the armed forces, merchant marine or federal service in which he, or the person of whom he is the spouse or dependent, as the case may be, is then serving or to which he is attached, and the rank or title of such person, his place and date of birth and, if a naturalized citizen or has derived United States citizenship through the naturalization of some other persons, the facts appearing in such application relating thereto. Approved April 5, 1967. Chap. 116. AN ACT PROHIBITING THE DISPOSAL OF GARBAGE AND REFUSE IN COASTAL OR INLAND WATERS. Be it enacted, etc., as follows: Section 16 of chapter 270 of the General Laws, added by chapter 416 of the acts of 1949, is hereby amended by inserting after the word "thereof", in line 3, the words: or in coastal or inland waters, whether salt water or fresh water, or within twenty yards of such waters,. Approved April 5, 1967. Chap. 117. AN ACT EXEMPTING VIETNAM VETERANS WHO ARE DIS ABLED OR BLIND FROM THE EXCISE TAX ON MOTOR VE- Be it enacted, etc., as follows: The fifth paragraph of section 1 of chapter 60A of the General Laws, as most recently amended by chapter 140 of the acts of 1966, is hereby further amended by striking out, in line 3 and in line 8, the words "or Korean" and inserting in place thereof, in each instance, the words: , Korean or Vietnam. Approved April 5, 1967. Chap. 118. AN ACT PROVIDING THAT TEMPORARY TRANSFERS OF PERMANENT EMPLOYEES IN THE OFFICIAL CIVIL SERVICE Whereas, The deferred operation of this act would tend to defeat its purpose, which is to correct forthwith certain inequities in the eligibility of certain permanent employees for promotional examinations under civil service, 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 15F of chapter 31 of the General Laws, as amended by chapter 529 of the acts of 1958, is hereby further amended by striking out the last sentence and inserting in place thereof the following sentence:- A temporary transfer of a permanent employee to another position, a provisional promotion or a temporary appointment referred to in this section, shall not be deemed to interrupt the serving of the probationary period or the period of eligibility for promotion required by this chapter in the office or position of the lower grade. Approved April 10, 1967. |