FrankGoortani/open-us-law huggingface dataset:
Mass. Gen. Laws ch. 269, sec. 12E — MA Code / Part IV / Title I / Chapter 269 / Section 12E
Discharge of a firearm within 500 feet of a dwelling or other building in use; exceptions
Status: in_force

Section 12E. (a) Whoever discharges a firearm as defined in section 121 of chapter 140 within 500 feet of a dwelling or other building in use, except with the consent of the owner or legal occupant thereof, shall be punished by a fine of not less than $50 nor more than $100 or by imprisonment in a jail or house of correction for not more than 3 months, or both such fine and imprisonment. (b) This section shall not apply to any of the following: (i) the lawful defense of life and property; (ii) any law enforcement officer acting in the discharge of their duties; or (iii) the discharge of blank cartridges for theatrical, athletic, ceremonial, firing squad or other purposes in accordance with section 39 of chapter 148. (c) This section shall not apply to a dwelling or building on the same property as: (i) persons using underground or indoor target or test ranges with the consent of the owner or legal occupant thereof; (ii) persons using outdoor skeet, trap, target or test ranges with the consent of the owner or legal occupant of the land on which the range is established; or (iii) persons using shooting galleries, licensed and defined under the provisions of section 56A of chapter 140. Nothing in this section shall exempt any person from compliance with noise control laws, regulations, ordinances or by-laws in effect or from the prohibitions of section 58 of chapter 131.

Section 12E. (a) Whoever discharges a firearm as defined in section 121 of chapter 140 within 500 feet of a dwelling or other building in use, except with the consent of the owner or legal occupant thereof, shall be punished by a fine of not less than $50 nor more than $100 or by imprisonment in a jail or house of correction for not more than 3 months, or both such fine and imprisonment.

(b) This section shall not apply to any of the following: (i) the lawful defense of life and property; (ii) any law enforcement officer acting in the discharge of their duties; or (iii) the discharge of blank cartridges for theatrical, athletic, ceremonial, firing squad or other purposes in accordance with section 39 of chapter 148.

(c) This section shall not apply to a dwelling or building on the same property as: (i) persons using underground or indoor target or test ranges with the consent of the owner or legal occupant thereof; (ii) persons using outdoor skeet, trap, target or test ranges with the consent of the owner or legal occupant of the land on which the range is established; or (iii) persons using shooting galleries, licensed and defined under the provisions of section 56A of chapter 140. Nothing in this section shall exempt any person from compliance with noise control laws, regulations, ordinances or by-laws in effect or from the prohibitions of section 58 of chapter 131.
Mass. Gen. Laws ch. 94, sec. 121 — MA Code / Part I / Title XV / Chapter 94 / Section 121
Suspension or revocation of license; hearing
Status: in_force

Section 121. Any license issued pursuant to section one hundred and twenty may be suspended or revoked if the licensee is in violation of any provision of sections one hundred and eighteen to one hundred and twenty-seven, inclusive, or the rules and regulations promulgated under the authority thereof, or any lawful order of the department or the commissioner. A hearing shall be held prior to the revocation, or within seven days after the suspension, of any such license, unless prior to the expiration of such period, said license has been restored. Such hearings shall be held before a hearings board within the department established in section one hundred and twenty-two.

Section 121. Any license issued pursuant to section one hundred and twenty may be suspended or revoked if the licensee is in violation of any provision of sections one hundred and eighteen to one hundred and twenty-seven, inclusive, or the rules and regulations promulgated under the authority thereof, or any lawful order of the department or the commissioner. A hearing shall be held prior to the revocation, or within seven days after the suspension, of any such license, unless prior to the expiration of such period, said license has been restored. Such hearings shall be held before a hearings board within the department established in section one hundred and twenty-two.
Mass. Gen. Laws ch. 180, sec. 10B — MA Code / Part I / Title XXII / Chapter 180 / Section 10B
Consolidation and merger; effect; amendments
Status: in_force

Section 10B. Any consolidation or merger carried out in the manner specified in section ten or ten A shall have the effect set forth in section eighty of chapter one hundred and fifty-six B and the articles of merger or articles of consolidation, as the case may be, may thereafter be amended in the manner provided in this chapter.

Section 10B. Any consolidation or merger carried out in the manner specified in section ten or ten A shall have the effect set forth in section eighty of chapter one hundred and fifty-six B and the articles of merger or articles of consolidation, as the case may be, may thereafter be amended in the manner provided in this chapter.
Mass. Gen. Laws ch. 26, sec. 8J — MA Code / Part I / Title II / Chapter 26 / Section 8J
Maintenance assessment against life insurers
Status: in_force

Section 8J. The commissioner of insurance shall make a special division of insurance maintenance assessment in each fiscal year against each life insurer licensed to do business in the commonwealth. This maintenance assessment shall be made proportionately against each such life insurer based on the percentage of so much of the premium as is reported on line twenty-two, columns three, four and five of schedule T of a life insurer's most recent annual statement required to be filed with the commissioner pursuant to section twenty-five of chapter one hundred and seventy-five, as compared to the total premium reported in line twenty-two, columns three, four and five of schedule T of said most recent annual statements required to be filed by all such life insurers. Each individual life insurer's assessment shall be in an amount estimated to be sufficient to produce a total aggregate assessment of one million and fourteen thousand dollars. Estimated assessments shall be paid within thirty days of notice from the commissioner and may be charged to the normal operating costs of the insurer.

Section 8J. The commissioner of insurance shall make a special division of insurance maintenance assessment in each fiscal year against each life insurer licensed to do business in the commonwealth. This maintenance assessment shall be made proportionately against each such life insurer based on the percentage of so much of the premium as is reported on line twenty-two, columns three, four and five of schedule T of a life insurer's most recent annual statement required to be filed with the commissioner pursuant to section twenty-five of chapter one hundred and seventy-five, as compared to the total premium reported in line twenty-two, columns three, four and five of schedule T of said most recent annual statements required to be filed by all such life insurers. Each individual life insurer's assessment shall be in an amount estimated to be sufficient to produce a total aggregate assessment of one million and fourteen thousand dollars. Estimated assessments shall be paid within thirty days of notice from the commissioner and may be charged to the normal operating costs of the insurer.
Mass. Gen. Laws ch. 185C, sec. 11 — MA Code / Part II / Title I / Chapter 185C / Section 11
Assistant clerks
Status: in_force

Section 11. The clerk of a division of the housing court department may appoint 1 or more assistant clerks, who shall be removable at his pleasure. The clerk shall be responsible for all official acts of the assistant clerks and all powers conferred by statute upon the clerk, unless otherwise stated, and in any event subject to limitation by the clerk or the administrative justice, may be exercised by an assistant clerk.

Section 11. The clerk of a division of the housing court department may appoint 1 or more assistant clerks, who shall be removable at his pleasure. The clerk shall be responsible for all official acts of the assistant clerks and all powers conferred by statute upon the clerk, unless otherwise stated, and in any event subject to limitation by the clerk or the administrative justice, may be exercised by an assistant clerk.
Mass. Gen. Laws ch. 267, sec. 11 — MA Code / Part IV / Title I / Chapter 267 / Section 11
Common utterers of counterfeit bills
Status: in_force

Section 11. Whoever, having been convicted of the crime mentioned in the preceding section, is again convicted of the like crime committed after the former conviction, and whoever is at the same sitting of the court convicted upon three distinct charges of such crime, shall be adjudged a common utterer of counterfeit bills, and be punished by imprisonment in the state prison for not more than ten years.

Section 11. Whoever, having been convicted of the crime mentioned in the preceding section, is again convicted of the like crime committed after the former conviction, and whoever is at the same sitting of the court convicted upon three distinct charges of such crime, shall be adjudged a common utterer of counterfeit bills, and be punished by imprisonment in the state prison for not more than ten years.
Mass. Gen. Laws ch. 113A, sec. 17 — MA Code / Part I / Title XVI / Chapter 113A / Section 17
Other prohibited acts
Status: in_force

Section 17. A person who, in order to obtain a financial gain, intentionally falsifies, forges, conceals, defaces or obliterates a document of gift, an amendment or revocation of a document of gift or a refusal to make a gift shall be punished by imprisonment in the state prison for not more than 5 years or in a house of correction for not more than 21/2 years or by a fine of not more than $50,000 or by both such fine and imprisonment.

Section 17. A person who, in order to obtain a financial gain, intentionally falsifies, forges, conceals, defaces or obliterates a document of gift, an amendment or revocation of a document of gift or a refusal to make a gift shall be punished by imprisonment in the state prison for not more than 5 years or in a house of correction for not more than 21/2 years or by a fine of not more than $50,000 or by both such fine and imprisonment.
Mass. Gen. Laws ch. 92, sec. 51 — MA Code / Part I / Title XIV / Chapter 92 / Section 51
Place, time and manner of constructing crossing
Status: in_force

Section 51. The department of telecommunications and energy, upon petition of the commission and after due notice to the railroad corporation, shall hear the parties, and, if of the opinion that said petition should be granted, shall make a decree describing the place, time and manner of constructing such crossing, and how much, if any, of the work made necessary by such crossing shall be done by the corporation; and thereafter the commission may lay out, construct and maintain such boulevard across the railroad in accordance with the terms of said decree.

Section 51. The department of telecommunications and energy, upon petition of the commission and after due notice to the railroad corporation, shall hear the parties, and, if of the opinion that said petition should be granted, shall make a decree describing the place, time and manner of constructing such crossing, and how much, if any, of the work made necessary by such crossing shall be done by the corporation; and thereafter the commission may lay out, construct and maintain such boulevard across the railroad in accordance with the terms of said decree.
Mass. Gen. Laws ch. 54, sec. 121 — MA Code / Part I / Title VIII / Chapter 54 / Section 121
Examination of records; certificates of election; notice to state secretary
Status: in_force

Section 121. The county commissioners to whom the copies of the records of votes for county treasurer and register of deeds have been transmitted shall, on the first Wednesday of the month following the election, examine such copies, determine what persons appear to be elected, issue certificates of election to them and give notice to the state secretary of the name, residence, and number of votes received by each candidate in each city and town, with the name and term of office of every person elected. In Suffolk county, the election commissioners of Boston shall, within ten days after the election of register of deeds, in like manner examine the copies of the records of votes, determine who appears to be elected, issue a certificate and give notice as above provided.

Section 121. The county commissioners to whom the copies of the records of votes for county treasurer and register of deeds have been transmitted shall, on the first Wednesday of the month following the election, examine such copies, determine what persons appear to be elected, issue certificates of election to them and give notice to the state secretary of the name, residence, and number of votes received by each candidate in each city and town, with the name and term of office of every person elected.

In Suffolk county, the election commissioners of Boston shall, within ten days after the election of register of deeds, in like manner examine the copies of the records of votes, determine who appears to be elected, issue a certificate and give notice as above provided.
Mass. Gen. Laws ch. 67, sec. 44 — MA Code / Part I / Title XI / Chapter 67 / Section 44
Roman Catholic churches; incorporation
Status: in_force

Section 44. The Roman Catholic archbishop or bishop of the diocese in which a Roman Catholic church is erected or intended to be erected, the vicar-general of such diocese and the pastor of such church, for the time being, or a majority of them, may associate with themselves two laymen, communicants of said church, and may, with such laymen, sign a certificate in duplicate, showing the name or title by which they and their successors shall be known as a body corporate, which certificate shall be acknowledged in the same manner as conveyances of land. One copy of such certificate shall be filed in the office of the state secretary, and the other recorded in the registry of deeds in the county where such church is erected or intended to be erected; and thereupon such church shall be a body corporate by the name expressed in such certificate, and the persons so signing the same shall be the trustees thereof.

Section 44. The Roman Catholic archbishop or bishop of the diocese in which a Roman Catholic church is erected or intended to be erected, the vicar-general of such diocese and the pastor of such church, for the time being, or a majority of them, may associate with themselves two laymen, communicants of said church, and may, with such laymen, sign a certificate in duplicate, showing the name or title by which they and their successors shall be known as a body corporate, which certificate shall be acknowledged in the same manner as conveyances of land. One copy of such certificate shall be filed in the office of the state secretary, and the other recorded in the registry of deeds in the county where such church is erected or intended to be erected; and thereupon such church shall be a body corporate by the name expressed in such certificate, and the persons so signing the same shall be the trustees thereof.
Mass. Gen. Laws ch. 112, sec. 75 — MA Code / Part I / Title XVI / Chapter 112 / Section 75
Examinations
Status: in_force

Section 75. Examinations shall be wholly or in part in writing, in the English language, shall include the principles and practice of nursing but shall be limited to such subjects as are included in the curriculum established by the board, shall be in content both reasonable and appropriate for nurses or for practical nurses, as the case may be, and shall be sufficiently thorough to test the applicant's fitness to practice.

Section 75. Examinations shall be wholly or in part in writing, in the English language, shall include the principles and practice of nursing but shall be limited to such subjects as are included in the curriculum established by the board, shall be in content both reasonable and appropriate for nurses or for practical nurses, as the case may be, and shall be sufficiently thorough to test the applicant's fitness to practice.
Mass. Gen. Laws ch. 176O, sec. 22 — MA Code / Part I / Title XXII / Chapter 176O / Section 22
Participation in medical assistance program as condition for participation in carrier's provider network
Status: in_force

Section 22. Notwithstanding any other general or special law to the contrary, each carrier shall require, as a condition of participation in the carrier's provider network by a physician, dentist, optometrist, podiatrist, nurse practicing in an advance practice nursing role, intern, resident, physician assistant, pharmacist with a collaborative practice agreement, psychologist and licensed independent clinical social worker, that such provider also apply to participate in the medical assistance program administered by the secretary of health and human services in accordance with chapter 118E and Title XIX of the Social Security Act and any federal demonstration or waiver relating to such medical assistance program for the limited purposes of ordering and referring services covered under such program, provided that regulations governing such limited participation are promulgated under said chapter 118E. Any such provider who chooses to participate in such medical assistance program as a provider of services shall be deemed to have fulfilled this requirement.

Section 22. Notwithstanding any other general or special law to the contrary, each carrier shall require, as a condition of participation in the carrier's provider network by a physician, dentist, optometrist, podiatrist, nurse practicing in an advance practice nursing role, intern, resident, physician assistant, pharmacist with a collaborative practice agreement, psychologist and licensed independent clinical social worker, that such provider also apply to participate in the medical assistance program administered by the secretary of health and human services in accordance with chapter 118E and Title XIX of the Social Security Act and any federal demonstration or waiver relating to such medical assistance program for the limited purposes of ordering and referring services covered under such program, provided that regulations governing such limited participation are promulgated under said chapter 118E. Any such provider who chooses to participate in such medical assistance program as a provider of services shall be deemed to have fulfilled this requirement.
Mass. Gen. Laws ch. 149, sec. 20B — MA Code / Part I / Title XXI / Chapter 149 / Section 20B
Liability for unlawful acts of officers, members or agents of an organization
Status: in_force

Section 20B. No officer or member of any association or organization, and no association or organization, participating or interested in a labor dispute, as defined in section twenty C, shall be held responsible or liable in any court for the unlawful acts of individual officers, members or agents, except upon clear proof of actual participation in, or actual authorization of, such acts, or of ratification of such acts after actual knowledge thereof.

Section 20B. No officer or member of any association or organization, and no association or organization, participating or interested in a labor dispute, as defined in section twenty C, shall be held responsible or liable in any court for the unlawful acts of individual officers, members or agents, except upon clear proof of actual participation in, or actual authorization of, such acts, or of ratification of such acts after actual knowledge thereof.
Mass. Gen. Laws ch. 64A, sec. 8A — MA Code / Part I / Title IX / Chapter 64A / Section 8A
Regulation of tax free sales
Status: in_force

Section 8A. A distributor duly licensed in this commonwealth may sell fuel tax-free to another person who is licensed as a distributor in this commonwealth. He may sell fuel tax-free to any person who is a licensed distributor in another state, provided, that the entire quantity purchased is to be exported forthwith from this commonwealth prior to use or resale, and provided, further, that such person is licensed by the commissioner as an unclassified exporter.

Section 8A. A distributor duly licensed in this commonwealth may sell fuel tax-free to another person who is licensed as a distributor in this commonwealth. He may sell fuel tax-free to any person who is a licensed distributor in another state, provided, that the entire quantity purchased is to be exported forthwith from this commonwealth prior to use or resale, and provided, further, that such person is licensed by the commissioner as an unclassified exporter.
Mass. Gen. Laws ch. 33A, sec. 63 — MA Code / Part I / Title V / Chapter 33A / Section 63
Rehearings
Status: in_force

Article 63. Rehearings. Each rehearing under this code shall take place before a court-martial composed of members who were not members of the court-martial which first heard the case. Upon a rehearing the accused may not be tried for any offense of which the accused was found not guilty by the first court-martial, and no sentence in excess of or more severe than the original sentence may be approved, unless the sentence is based upon a finding of guilty of an offense not considered upon the merits in the original proceedings, or unless the sentence prescribed for the offense is mandatory. If the sentence approved after the first court-martial was in accordance with a pretrial agreement and the accused at the rehearing changes a plea with respect to the charges or specifications upon which the pretrial agreement was based, or otherwise does not comply with the pretrial agreement, the approved sentence as to those charges or specifications may include any punishment not in excess of that lawfully adjudged at the first court-martial.

Article 63. Rehearings.

Each rehearing under this code shall take place before a court-martial composed of members who were not members of the court-martial which first heard the case. Upon a rehearing the accused may not be tried for any offense of which the accused was found not guilty by the first court-martial, and no sentence in excess of or more severe than the original sentence may be approved, unless the sentence is based upon a finding of guilty of an offense not considered upon the merits in the original proceedings, or unless the sentence prescribed for the offense is mandatory. If the sentence approved after the first court-martial was in accordance with a pretrial agreement and the accused at the rehearing changes a plea with respect to the charges or specifications upon which the pretrial agreement was based, or otherwise does not comply with the pretrial agreement, the approved sentence as to those charges or specifications may include any punishment not in excess of that lawfully adjudged at the first court-martial.