Legislation Filed

Please note: Below you will find the legislation as filed by Governor Patrick. After being filed, bills are sent to the Massachusetts legislature where they may be amended or altered.

Filing Letter pdf format of Guard Filing Letter

Legislation pdf format of FY14 Supplemental Appropriations Filing Letter

Text of Filing Letter

 

January 22, 2014

 

To the Honorable Senate and House of Representatives:

I am filing for your consideration the attached proposal, entitled “An Act Granting, Updating, And Revising Defense Policies of the Commonwealth.” 

The Massachusetts National Guard serves our Commonwealth with distinction, providing essential services in times of emergency.  This bill modernizes the Guard’s governing statute, which was last revised in 1953, and brings Massachusetts into conformity with the overwhelming majority of states.  This legislation will facilitate the work of the Guard and strengthen the Commonwealth's readiness and resiliency.

          Specifically, this legislation:

  1. Streamlines the Guard’s organization to reflect modern deployments, including deployments in support of state emergency management and federal military missions, whether domestic or foreign. 
  2. Expressly recognizes that the Guard may be deployed to counter threats to homeland security.
  3. Permits trained and certified military police to perform a law enforcement role when deployed in times of emergency and insupport of state and local law enforcement — thus ensuring a comprehensive response when events require one.
  4. Removes outdated language.

          Accordingly, I urge your prompt consideration and enactment of this bill. 

 

Respectfully submitted,

Deval L. Patrick
Governor

 

Text of Bill

 

 GRANTING, UPDATING, AND REVISING DEFENSE POLICIES OF THE COMMONWEALTH.

 

Chapter 6 of the General Laws is hereby amended by striking out section 18, as appearing in the 2012 Official Edition, and inserting in place thereof the following section:-

Section 18.There shall be an armory commission composed of the following members:—The adjutant general, who shall be chairperson, the state quartermaster, who shall be clerk, two assistant adjutants general provided that one shall be an army officer and one shall be an air officer, and the army national guard facilities management officer.  Neither the adjutant general, the state quartermaster, nor the army national guard facilities management officer shall receive any additional compensation on account of their membership in the armory commission.  The assistant adjutants general shall, if not currently on full-time military duty, receive one day’s pay of grade and allowances for each day of service as a member of the armory commission.

 

SECTION 2.  Chapter 33 of the General Laws is hereby amended by striking out section 1, as appearing in the 2012 Official Edition, and inserting in place thereof the following section:-

 

Section 1.  Words used in this chapter shall have the following meanings, unless a different meaning is clearly apparent from the language or context:—

“Military forces of the commonwealth” shall include the organized militia as defined in section four, and members of the unorganized militia, as defined in section three, when drafted or accepted as volunteers under sections fifty-five and fifty-six.

“Enlisted person”, a member, other than a commissioned officer or a warrant officer, in the military forces of the commonwealth.

“Officer”, a commissioned officer or a warrant officer in the military forces of the commonwealth.

“Noncommissioned officer”, an enlisted person serving at a rank of corporal through command sergeant major or the air equivalents of these ranks.

“Organization”, a command composed of two or more units.

“Unit” shall include headquarters, detachment, company, battery, troop, and equivalent air unit, and such other elements as may be determined by the commander-in-chief to come under such designation.

“Military custodian”, the senior military officer in command of troops stationed in an armory or air installation unless otherwise designated by the commander-in-chief.

 

SECTION 3.  Said chapter 33 is hereby further amended by striking out section 2, as appearing in the 2012 Official Edition, and inserting in place thereof the following section:-

Section 2.  The militia of the commonwealth shall consist of all able-bodied citizens and all other able-bodied persons who have declared their intention to become citizens of the United States, between the ages of eighteen and forty-five, and who are residents of the commonwealth, and of such other persons as may, upon their own application, be enlisted or commissioned therein pursuant to any provision of this chapter, subject to exemptions created by law.

 

SECTION 4.  Section 3 of chapter 33 of the General Laws, as appearing in the 2012 Official Edition, is hereby amended by striking out, in line 5, the words “the suppression of riots” and inserting in place thereof the following words:-threats to homeland security.

 

SECTION 5.  Said chapter 33 is hereby further amended by striking out section 4, as appearing in the 2012 Official Edition, and inserting in place thereof the following section:-

Section 4.  The active or organized militia shall be composed of volunteers, and shall comprise the aides-de-camp of the commander-in-chief, the state staff, the armed forces of the commonwealth as defined in section ten, the National Lancers, and the retired list.  The organized militia shall constitute the military division of the executive branch of the Commonwealth.

 

SECTION 6.  Said chapter 33 is hereby further amended by striking out section 4A, as appearing in the 2012 Official Edition, and inserting in place thereof the following section:-

Section 4A.  The National Lancers shall be organized as the commander-in-chief directs, and may retain their name and the right to wear distinctive uniforms provided that such uniforms are approved by the commander-in-chief.  The National Lancers may retain their methods of selecting their officers and conducting their internal affairs consistent with the laws of the commonwealth and the laws of the United States.  The National Lancers may use land and stable facilities belonging to the commonwealth for their activities, equipment and exercises without charge and may receive from the commonwealth, its departments, divisions or bureaus, or the federal government, without charge, any surplus equipment, goods, or other materials, as are available, provided that all such equipment, goods and materials remain the property of the commonwealth and are accounted for as such.

 

SECTION 7.  Section 7 of chapter 33 of the General Laws, as appearing in the 2012 Official Edition, is hereby amended by striking out, in line 1, the words “from time to time”.

SECTION 8.  Section 8 of chapter 33 of the General Laws is hereby repealed.

 

SECTION 9.  Said chapter 33 is hereby further amended by striking out section 10, as appearing in the 2012 Official Edition, and inserting in place thereof the following section:-

Section 10.  The armed forces of the commonwealth shall consist of the active National Guard, army and air, the inactive National Guard, army and air, and, whenever necessary, a state defense force or similar organization composed as permitted by law as the commander-in-chief may prescribe.

 

SECTION 10.  Section 11 of chapter 33 of the General Laws, as appearing in the 2012 Official Edition, is hereby amended by striking out, in line 2, the words “from time to time”.

 

SECTION 11.  Said chapter 33 is hereby further amended by striking out section 12, as appearing in the 2012 Official Edition, and inserting in place thereof the following section:-

Section 12. No person shall be discriminated against or be segregated in the military forces of the commonwealth, because of race, color, religious creed, sexual orientation, or national origin.

 

SECTION 12.  Said chapter 33 is hereby further amended by striking out section 14, as appearing in the 2012 Official Edition, and inserting in place thereof the following section:-

Section 14.  The aides-de-camp of the commander-in-chief may be appointed as the commander-in-chief deems necessary.  Officers detailed under this section shall not be relieved from their ordinary National Guard duties and may be removed at any time by and in the sole discretion of the commander-in-chief.

 

SECTION 13.  Said chapter 33 is hereby further amended by striking out section 15, as appearing in the 2012 Official Edition, and inserting in place thereof the following section:-

Section 15. (a) The state staff shall consist of one adjutant general, with the grade of major general, who shall be the chief of staff to the commander-in-chief and the chief of the state staff, and the officers provided for in this section, each of whom shall perform their duties under the direction of the adjutant general.  Officers of the state staff, with the exception of the adjutant general, shall be appointed for an initial period of six years, with the opportunity for reappointment every two years thereafter.  To be eligible for initial appointment on the state staff, an officer shall have federal recognition in an organization or unit of the Massachusetts National Guard, army or air. The officer shall thereafter hold the position for the period of appointment or until reaching the age of sixty-five years, whichever occurs first, unless separated from the position prior to that time by resignation, by disability, for cause in accordance with section twenty-nine or by a legally convened court-martial in accordance with the military justice provisions of this chapter.

(b) The adjutant general shall be appointed by the commander-in-chief from those persons who are, or have been, active commissioned officers in the Massachusetts national guard, army or air, for a period of not less than five years and who have attained, while serving therein, or in the armed forces of the United States, a grade not lower than that of colonel. The adjutant general shall serve for a term coterminous with that of the commander-in-chief and shall receive the same pay and allowances as an officer of the regular service of corresponding grade with corresponding length of service.

            The adjutant general shall be charged with carrying out the policies of the commander-in-chief and shall issue orders in the commander-in-chief’s name, but shall not personally exercise command of troops.

            The adjutant general shall be the immediate adviser of the commander-in-chief on all matters relating to the military and shall be charged with the planning, development and execution of the program of the military forces of the commonwealth. The adjutant general shall cause the state staff to support the mobilization and demobilization of the organized militia for use in the national defense, for state defense and emergencies.

            The adjutant general shall hold major organization commanders responsible for the proper training of their commands.  All orders and instructions for the government of the militia and of the officers and enlisted persons therein shall be issued and communicated to those concerned through military channels.

            The adjutant general shall make such returns and reports as may be prescribed by the commander-in-chief or required by the laws or regulations of the commonwealth or of the United States, and may detail such officers of appropriate grade and employ such clerks and other assistants as may be necessary in the division at an expense not exceeding the amount so appropriated. The adjutant general shall keep a roster of all Massachusetts veterans in alphabetical order by cities and towns and shall provide, upon request, said rosters to such cities and towns.

            Except where powers are specifically conferred on the adjutant general by law or regulation, the adjutant general shall have no authority independent from the commander-in-chief, from whom all orders shall emanate, and the acts of the adjutant general shall be regarded as in execution of the orders of the commander-in-chief.

            Under the control of the commander-in-chief, the adjutant general shall be the executive and administrative head of the military division of the executive branch of the government of the commonwealth. Except as otherwise provided, the adjutant general shall personally approve all contracts and may require personal approval of all expenditures made by the division.

(c) There shall be no fewer than three and no more than five full-time assistant adjutants general appointed by the adjutant general, one of whom shall be designated the assistant chief of the state staff, who shall perform such duties delegated to them by the adjutant general, or as prescribed in orders and regulations.  Of the full-time assistant adjutants general, at least one shall be an army officer and at least one shall be an air officer.  The assistant adjutant general who is designated as the assistant chief of the state staff shall be the state finance officer for the receipt, disbursement and accounting for all funds received for the payment, equipment, travel and subsistence of the armed forces of the commonwealth and shall be advanced by the commonwealth, under such rules and regulations as the state comptroller may prescribe, one hundred per cent of the pay, allowances, and mileage for duty under section thirty-eight, forty, forty-one or sixty, and shall return the unexpended balance of the sum so advanced as soon as possible, or at such times as the comptroller may require.  The assistant adjutant general designated as the assistant chief of the state staff shall give bond to the commonwealth in the penal sum of twenty thousand dollars with surety or sureties approved by the commander-in-chief, conditioned upon the faithful performance of all duties as prescribed in this chapter.

(d) There shall be one full-time state quartermaster appointed by the adjutant general who shall, except as otherwise provided in this chapter and in chapter three hundred and forty-four of the acts of nineteen hundred and thirty-six, have the care and control of all land and buildings held for military purposes and all other military property of the commonwealth except that which is by law expressly entrusted to the keeping of others.  The state quartermaster shall be adviser to the military division on all technical matters involved in the construction, alteration and repair of all structures and installations intended for the use of the armed forces of the commonwealth.  The state quartermaster shall give bond to the commonwealth in the penal sum of twenty thousand dollars with surety or sureties approved by the commander-in-chief, conditioned upon the faithful performance of all duties as prescribed in this chapter. The state quartermaster shall be clerk of the armory commission provided for in section eighteen of chapter six.

(e) There shall be a state surgeon appointed by the adjutant general who shall be adviser to the military division on all matters pertaining to the medical services of the armed forces of the commonwealth. The state surgeon shall be a member of the board provided for in section ninety.

(f) There shall be a full time state judge advocate appointed by the adjutant general who shall be the legal adviser of the military division on all matters referred by law or by the commander-in-chief. The state judge advocate shall examine and report in writing to the commander-in-chief on all proceedings of courts-martial requiring the action of the commander-in-chief and shall be a member of the boards provided for by sections fifty-two, ninety and ninety-five of this chapter. The state judge advocate may be detailed by the commander-in-chief to attend any encampment, and during the encampment shall within the limits of the camp and for a distance of one mile outside said limits have the jurisdiction of a district court of all offenses then and there committed.

(g) There may be a state inspector general appointed by the adjutant general who shall perform such duties as prescribed in orders by the commander-in-chief.

(h) Except when ordered on duty under section thirty-eight, forty, forty-one or sixty of this chapter, the officers of the state staff shall respectively receive the following salaries:-the assistant adjutants general, the same pay and allowances as an officer of the regular service of corresponding grade of at least lieutenant colonel but not exceeding that of colonel with corresponding length of service; provided, however, that the assistant adjutant general who is designated assistant chief of the state staff shall hold the grade of brigadier general and shall receive the same pay and allowances as an officer of the regular service of corresponding grade with corresponding length of service, but not exceeding that of brigadier general; the state quartermaster, the same pay and allowances as an officer of the regular service of corresponding grade with corresponding length of service but not exceeding that of colonel; the state judge advocate, the same pay and allowances as an officer of the regular service of corresponding grade with corresponding length of service but not exceeding that of colonel; the state surgeon and the state inspector general, the same pay and allowances as officers of the regular service of corresponding grade with corresponding length of service but not exceeding that of colonel for each day of service, not to exceed twenty-five thousand dollars each per annum.

(i) During the absence or disability of an officer of the state staff, or during such time as the officer is in the active military service of the United States, that officer's duties shall be performed by another officer designated in orders by the commander-in-chief.

SECTION 14.  Sections 16, 17 and 18 of Chapter 33 of the General Laws are hereby repealed.

 

SECTION 15.  Section 19 of said chapter 33 is hereby amended by striking out in part (b), in line 16, the words “by his order” and inserting in place thereof the following words:- by the commander-in-chief’s order and at his or her sole discretion.

 

SECTION 16.  Chapter 33 is hereby further amended by striking out section 19A, as appearing in the 2012 Official Edition, and inserting in place thereof the following section:-

Section 19A.  The armory commission established by section eighteen of chapter six and the war records commission referenced in section sixteen of chapter six are hereby declared to be within the military division. 

 

SECTION 17.  Said chapter 33 is hereby further amended by striking out section 20, as appearing in the 2012 Official Edition, and inserting in place thereof the following section:-

Section 20.  No person shall be eligible to appointment or be appointed as an officer in the armed forces of the commonwealth: who is not a citizen of the United States of eighteen years of age or over; who is under sentence of a court or board which disables him or her from holding office or command; who is under suspension from command in the armed forces of the United States or of any state; who is under sentence of imprisonment by a civilian court, whether suspended or not, or who is made ineligible to such service under the laws of the United States.  No person shall receive a commission in the national guard, army or air, unless he or she possesses such minimum qualifications as may be prescribed by the laws of the United States and has qualified for such commission.

 

SECTION 18.  Section 21 of chapter 33 of the General Laws, as appearing in the 2012 Official Addition, is hereby amended by striking out, in line 3, the words “he is”.

 

SECTION 19.  Said section 21 is hereby further amended by striking out, in line 4, the word “his” and inserting in place thereof the following word:-“the”.

 

SECTION 20.  Said chapter 33 is hereby further amended by striking out section 22, as appearing in the 2012 Official Edition, and inserting in place thereof the following section:-

Section 22.(a) Whenever necessary, there shall be a military service commission, hereinafter called the commission, consisting of the adjutant general and six officers of the Massachusetts national guard, army and air. Three of such officers shall be selected from the army national guard, and three of such officers shall be selected from the air national guard. The commander-in-chief shall initially detail two such officers for terms of one year each, two such officers for terms of two years each and two such officers for terms of three years each. Thereafter all officers will be detailed to the commission for terms of three years by the commander-in-chief.

(b) Subject to Article LIII of the Articles of Amendment of the Constitution, any person certified as eligible for any specific grade in the national guard, army or air, under the laws of the United States, and graduates of the Massachusetts Military Academy, shall be eligible for appointment without professional examination.

 

SECTION 21.  Said chapter 33 is hereby further amended by striking out section 23, as appearing in the 2012 Official Edition, and inserting in place thereof the following section:-

Section 23.  (a) Brigadier generals shall be appointed by the commander-in-chief upon recommendation of their superior commander, if any, from the colonels who have had active service as a colonel for at least two years as a colonel.

(b) Regimental and separate organization commanders shall be appointed by the commander-in-chief upon the recommendation of superior commanders, if any.

(c) All other officers shall be appointed by the commander-in-chief upon the recommendation of appropriate commanders, approved by superior commanders.

 

SECTION 22.  Said chapter 33 is hereby further amended by striking out section 24, as appearing in the 2012 Official Edition, and inserting in place thereof the following section:-

Section 24.  Every commissioned officer, before entering upon the performance of his or her official duties or exercising any command, shall take and subscribe the following oath and declaration:

I, ____________, do solemnly swear that I will bear true faith and allegiance to the commonwealth of Massachusetts, and will support the constitution thereof and the constitution of the United States, that I will obey the lawful orders of all my superior officers, and that I will faithfully and impartially discharge and perform all the duties incumbent on me as ____________ according to the best of my ability and understanding, agreeably to the rules and regulations of the constitution and the laws of the commonwealth and the United States. So help me, God.

All officers shall take and subscribe the said oath before any competent authority or an officer qualified under section eighty-one to administer oaths, except retired officers and aides-de-camp of the commander-in-chief who may take said oath before any competent authority.  The following certificate shall be printed on every commission and shall be signed by the person before whom the officer is qualified:

This may certify that ____________, commissioned as within on this ______ day of ____________, A.D., ___ personally appeared and took and subscribed the oaths required by the constitution and laws of this commonwealth and by a law of the United States, as qualification for the discharge of official duties.

Before me,___________.

 

SECTION 23.  Section 25 of chapter 33 of the General Laws, as appearing in the 2012 Official Addition, is hereby amended by striking out, in line 3, the word “his”.

 

SECTION 24.  Said section 25 is hereby further amended by inserting after the word “he”, in line 3, the following words:-“or she”.

 

SECTION 25.  Section 26 of chapter 33 of the General Laws, as appearing in the 2012 Official Addition, is hereby amended by striking out, in line 4, the words “except an air medical group or any army medical battalion” and by striking out, in lines 7-10, the words “The time during which an officer is in the military service of the United States under section one hundred and eleven of the National Defense Act shall be excluded from the term herein specified.”

 

SECTION 26.  Said chapter 33 is hereby further amended by striking out section 29, as appearing in the 2012 Official Edition, and inserting in place thereof the following section:-

Section 29.  (a) At any time the moral character, capacity and general fitness for the service of any service member may be investigated and determined by an efficiency board of three commissioned officers, senior in rank to the service member and designated by the commander-in-chief provided that one board member shall be a noncommissioned officer senior in rank to the service member if the service member before the board is an enlisted person.  Any such investigation and board proceedings shall provide the service member due process consistent with military practice. The investigation may include misconduct in civil life for which the service member is not amenable to court-martial. If the findings of the board are unfavorable to the service member and are approved by the commander-in-chief, the service member shall be appropriately disciplined or discharged.

(b) A service member may be honorably discharged by the commander-in-chief upon tender of resignation, or upon appointment in a regular component or in another reserve component of the armed forces of the United States.

(c) The commander-in-chief may discharge a service member who is under sentence of imprisonment by a civilian court, whether suspended or not, or who has been absent without leave for two months continuously.

 

SECTION 27.  Section 30 of chapter 33 of the General Laws, as appearing in the 2012 Official Addition, is hereby amended by striking out, in line 1, the word “Officers” and inserting in place thereof the following word:- “Service members”.

 

SECTION 28.  Said chapter 33 is hereby further amended by striking out section 31, as appearing in the 2012 Official Edition, and inserting in place thereof the following section:-
Section 31.  Any officer or noncommissioned officer in the military forces of the commonwealth at the age of sixty-five shall be honorably discharged or, upon his or her own request and pursuant to the eligibility requirements of this section, placed upon the retired list with the highest grade held in the active military service.

            Any member of the armed forces of the commonwealth, with at least a total of twenty years of service as an officer or noncommissioned officer in the armed forces of the commonwealth or the United States, of which at least the last five years of service shall have been in the armed forces of the commonwealth or the state staff, may be placed upon the retired list with any grade held by the member in the active military service or one grade higher, but in any case not to exceed the grade of major general; provided, however, that any such member who has had federal recognition in the grade of major general may, upon request, be placed upon the retired list in the grade of lieutenant general.

            Service members on the retired list accepting appointment to or a commission in the active military forces of the commonwealth may again be placed upon said retired list, at their own request, with their former grade on the retired list, or any lower grade.

 

SECTION 29.  Said chapter 33 is hereby further amended by striking out section 32, as appearing in the 2012 Official Edition, and inserting in place thereof the following section:-
Section 32.  The commander-in-chief may order any service member before a medical board consisting of at least three medical officers, and if the board reports such service member to be physically unable to perform the assigned military duties, the commander-in-chief may order the service member discharged or placed on the retired list.

 

SECTION 30.  Section 33 of chapter 33 of the General Laws, as appearing in the 2012 Official Addition, is hereby amended by striking out, in line 2, the word “him” and inserting in place thereof the following words:- “commander-in-chief”.

 

SECTION 31.  Section 34 of chapter 33 of the General Laws, as appearing in the 2012 Official Addition, is hereby amended by striking out, in line 3, the words “, as he deems necessary”.

 

SECTION 32.  Section 39 of chapter 33 of the General Laws, as appearing in the 2012 Official Addition, is hereby amended by striking out, in line 1, the word “his” and inserting in place thereof the following words:- “commander-in-chief’s”.

 

SECTION 33.  Said chapter 33 is hereby further amended by striking out section 41, as appearing in the 2012 Official Edition, and inserting in place thereof the following section:-

Section 41. (a) In case of a tumult, riot, mob or body of persons acting together by force to violate or resist the laws of the commonwealth, or when such tumult, riot or mob is threatened, or in case of public catastrophe or natural disaster, or the usual police provisions are inadequate to preserve order and afford protection to persons and property, or additional support to civilian law enforcement is necessary, and the fact appears to the commander-in-chief, to the sheriff of a county, to the mayor or city manager of a city or to the selectmen of a town, the commander-in-chief, upon his or her initiative, or at the request of such sheriff, mayor or city manager or selectmen, may issue an order directed to the commander of any organization or unit of the armed forces of the commonwealth directing his or her command, or any part thereof, to appear at a time and place therein specified to aid the civil authority in suppressing such violations, preserving order, affording such protection and supporting the laws.

(b) Military police forces of the national guard, both army and air, provided that all such military police forces shall hold the appropriate law enforcement occupational specialty as certified by the armed forces of the United States, shall have and exercise all the powers of constables, except the service of civil process, and of police officers and shall appear for duty armed and equipped:

(1) At all times upon all land and buildings held for military purposes and all other military property of the commonwealth.

(2) When on duty within the commonwealth under this chapter or Title 32 of the United States Code.

 

SECTION 34.  Section 43 of chapter 33 of the General Laws, as appearing in the 2012 Official Addition, is hereby amended by striking out, in line 2, the words “or section forty-two”.

 

SECTION 35.  Section 44 of Chapter 33 of the General Laws, as appearing in the 2012 Official Edition, is hereby amended by striking out, in line 2, the words “or a precept under section forty-two”, and by striking out, in line 5, the words “and also by letter”.

 

SECTION 36.  Said chapter 33 is hereby further amended by striking out section 45, as appearing in the 2012 Official Edition, and inserting in place thereof the following section:-

Section 45.  If an officer neglects or refuses to obey an order of the commander-in-chief or if any officer or enlisted person fails to obey an order, he or she may be punished in accordance with the military justice provisions of this chapter.

 

SECTION 37.  Said chapter 33 is hereby further amended by striking out section 46, as appearing in the 2012 Official Edition, and inserting in place thereof the following section:-

Section 46.  The troops shall appear at the time and place appointed by the order issued under section forty-one, armed and equipped, and shall obey and execute the orders they have received, or any additional orders received from the commander-in-chief.

 

SECTION 38.  Said chapter 33 is hereby further amended by striking out section 47, as appearing in the 2012 Official Edition, and inserting in place thereof the following section:-

Section 47.  No officer or enlisted person of the armed forces of the commonwealth, not on leave of absence, shall be excused from duty when ordered out under section thirty-eight, forty or forty-one except upon a physician’s certificate of disability.  If an officer or enlisted person is absent without leave and does not produce that certificate to his or her commanding officer, that service member may be punished in accordance with the military justice provisions of this chapter for desertion or absence without leave.  Sickness shall not be an excuse unless the service member procures that certificate or satisfies the court-martial that the service member was unable to procure the certificate.

 

SECTION 39.  Section 48 of said chapter 33 is hereby further amended by striking out, in line 2, the words “forty-two”.

 

SECTION 40.  Section 49 of said chapter 33 is hereby further amended by striking out, in lines 2-3, the words “under a precept in accordance with section forty-two, or”.

 

SECTION 41.  Said chapter 33 is hereby further amended by striking out section 50, as appearing in the 2012 Official Edition, and inserting in place thereof the following section:-

Section 50.  The armed forces of the United States and any part of the armed forces of the commonwealth parading or performing any duty according to law shall have the right of way in any street or highway through which they may pass, and drivers of military vehicles may drive such vehicles through an intersection of ways contrary to any traffic signs or signals regulating traffic at such intersection, if a police officer or duly authorized member of the military service is stationed at the intersection to regulate traffic; provided, that the carriage of the United States mails, the legitimate functions of the police and the progress and operation of fire departments shall not be so disrupted.  Motor vehicles of the military forces of the commonwealth may be equipped with sirens or other audible warning devices and with visible warning devices as provided in section seven E of chapter 90.

SECTION 42.  Section 51 of chapter 33 of the General Laws, as appearing in the 2012 Official Edition, is hereby amended by inserting in line 6, after the word “disaster” the following words:- threats to homeland or national security,

 

SECTION 43.  Said chapter 33 is hereby further amended by striking out section 53, as appearing in the 2012 Official Edition, and inserting in place thereof the following section:-

Section 53.  No officers or enlisted persons shall be liable, either civilly or criminally, for any damage to property or injury to any person, including consequential death, caused by them or by their order, while performing any military duty lawfully ordered under any provision of this chapter, unless the act or order causing such damage or injury was manifestly beyond the scope of the authority of such officers or enlisted persons and except as otherwise provided by chapter two hundred and fifty-eight.

 

SECTION 44.  Section 54 of Chapter 33 of the General Laws, as appearing in the 2012 Official Edition, is hereby amended by striking out, in line 2, the words “section forty, forty-one, or forty-two” and inserting in place thereof the following words:- “section forty or forty-one”.

 

SECTION 45.  Section 55 of Chapter 33 of the General Laws, as appearing in the 2012 Official Edition, is hereby amended by striking out, in line 9, the word “him” and inserting in place thereof the following words:- “the adjutant general”.

 

SECTION 46.  Section 56 of Chapter 33 of the General Laws, as appearing in the 2012 Official Edition, is hereby amended by striking out, in line 4, the word “he” and inserting in place thereof the following words:- “the commander-in-chief”.

 

SECTION 47.  Said Chapter 33 is hereby further amended by striking out section 57, as appearing in the 2012 Official Edition, and inserting in place thereof the following section:-

Section 57.  Except while on duty under section thirty-eight, forty, forty-one or sixty, or in obedience to the commander-in-chief, no officers or enlisted persons shall be required to perform military duty during the time when polls are open for an election in the city or town where they reside; and officers parading their unit or ordering it to duty, contrary to this section, shall be liable to trial and punishment in accordance with the military justice provisions of this chapter.

SECTION 48.  Said chapter 33 is hereby further amended by striking out section 59, as appearing in the 2012 Official Editi

Section 59.  (a) Any employee of the commonwealth in the service of the armed forces of the commonwealth or a reserve component of the armed forces of the United States shall be entitled to receive pay without loss of his or her ordinary remuneration as such a public employee during annual training under section sixty or drills and parades under section sixty-one not exceeding 34 days in any state fiscal year and not exceeding 17 days in any federal fiscal year, and shall not lose any seniority or any accrued vacation leave, sick leave, personal leave, compensation time or earned overtime.

(b) Any employee of the commonwealth in the service of the armed forces of the commonwealth under sections thirty-eight, forty or forty-one shall be entitled to receive pay without loss of his or her ordinary remuneration as such a public employee and shall not lose any seniority or any accrued vacation leave, sick leave, personal leave, compensation time or earned overtime during the first thirty consecutive days of any mission.  Thereafter, any such ordinary remuneration shall be reduced by any amount received either from the United States or the commonwealth as base pay for military service performed during the same pay period, and there shall be no loss of any seniority or any accrued vacation leave, sick leave, personal leave, compensation time or earned overtime.  National guard duty performed under title 32 of the United States Code shall not be deemed service in the armed forces of the commonwealth under section 38 for the purposes of this section.

(c) Any employee of the commonwealth in the armed forces of the commonwealth performing duty under titles 10 or 32 of the United States Code shall be paid his or her regular base salary as a public employee for each pay period of such military leave of absence, reduced by any amount received either from the United States or the commonwealth as base pay for military service performed during the same pay period, and shall not lose any seniority or any accrued vacation leave, sick leave, personal leave, compensation time or earned overtime. 

(d) Any employee of a county, city or town within the commonwealth which, by vote of its county commissioners or city council or of its inhabitants at a town meeting, accepts this section, or has accepted similar provisions of earlier laws, shall be entitled to the benefits and protections of this section or the benefits of the accepted provision of an earlier law.

SECTION 49.  Section 59A of chapter 33 of the General Laws is hereby repealed.

 

SECTION 50. Said chapter 33 is hereby further amended by striking out subsection (a) of Section 61, as appearing in the 2012 Official Edition, and inserting in place thereof the following subsection:-

Section 61.   (a) In addition to the duty required by section thirty-eight, forty, forty-one or sixty, every unit of the armed forces of the commonwealth, except the state defense force or a similar organization composed as permitted by law, shall assemble for training at least forty-eight times in each year, and more often if so directed by the unit or organization commander.  Organization drills and parades may be held in place of unit drills, and transportation to and from the place of such drills and parades shall be furnished for the units composing the organization if authorized by the commander-in-chief.

 

SECTION 51.  Section 63 of chapter 33 of the General Laws is hereby repealed.

 

SECTION 52.  Said chapter 33 is hereby further amended by striking out section 64, as appearing in the 2012 Official Edition, and inserting in place thereof the following section:-

Section 64.  The commander-in-chief may exclude traffic from highways during target practice or maneuvers of any organization or unit of the armed forces of the commonwealth or the United States or of any state thereof, whenever public convenience or safety so requires.

 

SECTION 53.  Section 65 of Chapter 33 of the General Laws, as appearing in the 2012 Official Edition, is hereby amended by striking out, in line 2, the word “his” and inserting in place thereof the following word:- “any”; and by striking out in lines 4-5 the words “his leave” and inserting in place thereof the following word:- “authorization”.

 

SECTION 54.  Said chapter 33 is hereby further amended by striking out section 66, as appearing in the 2012 Official Edition, and inserting in place thereof the following section:-

Section 66.  Whoever willfully obstructs, interferes with, or hinders any officer or enlisted person while on duty or at any parade, drill or assembly for military purposes may be detained at the discretion of the commanding officer and delivered into the custody of any police officer for examination or trial before a court having jurisdiction of the place; and any person found guilty of any of the offenses enumerated in this section, or in section sixty-five or one hundred and twenty-three, or of obstructing or interfering with the armed forces of the United States or any part of the armed forces of the commonwealth in the exercise or enjoyment of the right of way granted by section fifty, shall be punished by a fine of not more than one thousand dollars or by imprisonment in a jail or house of correction for not less than thirty days nor more than two and one half years or by imprisonment in the state prison for not more than five years or by both such fine and imprisonment in a jail or house of correction.

 

SECTION 55.  Said chapter 33 is hereby further amended by striking out section 67, as appearing in the 2010 Official Edition, and inserting in place thereof the following section:-

Section 67.  (a) To each member who completes three years of honorable service in the armed forces of the commonwealth, there shall be awarded a medal, and for each additional three years of like service a clasp to be affixed to the ribbon pendant thereof. Members of the armed forces of the commonwealth, active, retired or honorably discharged, who have served in the armed forces of the United States in time of war and have been honorably discharged shall receive a clasp indicative of such service, to be affixed to the ribbon pendant of the medal herein provided.

(b) The adjutant general and two field grade officers of the armed forces of the commonwealth, detailed by the commander-in-chief, shall act as a medal of valor commission and may receive recommendations, through military channels, for the award of the medal of valor to members of the armed forces of the commonwealth, who, by reason of conspicuous gallantry at the risk of their own life, above and beyond the call of duty, while on military service, are recommended for the award of said medal of valor.

(c) The adjutant general and two field grade officers of the armed forces of the commonwealth, detailed by the commander-in-chief, shall constitute a commission to receive recommendations, through military channels, for the award of the Massachusetts military medal to a member of the armed forces of the commonwealth who, while on military service, performed a singularly meritorious act of heroism which distinguished that service member above peers but to a lesser degree than that required for awarding of the medal of valor.

(d) The adjutant general and two field grade officers of the armed forces of the commonwealth, detailed by the commander-in-chief, shall act as a Massachusetts medal of merit commission, and may receive recommendations, through military channels, for the award of the medal of merit to members of the armed forces of the commonwealth, the United States, any other state or territory of the United States or any other country who have distinguished themselves by exceptionally meritorious conduct in performing outstanding services while members of the armed forces of the commonwealth, the United States, any other state or territory of the United States or any other country.

(e) The adjutant general may receive recommendations, through military channels, for the award of the commendation medal to members of the armed forces of the commonwealth, the United States, any other state or territory of the United States or any other country who have distinguished themselves by heroism, meritorious achievement or meritorious service while members of the armed forces of the commonwealth, the United States, any other state or territory of the United States or any other country.

(f) The adjutant general may receive recommendations, through military channels, for the award of the achievement medal to members of the armed forces of the commonwealth, the United States, any other state or territory of the United States, or any other country who have distinguished themselves by meritorious service or achievement to a lesser degree than required for award of the commendation medal while members of the armed forces of the commonwealth, the United States, any other state or territory of the United States, or any other country.

(g) Commissions constituted under subsections (b), (c) and (d) of this section shall, after careful investigation, report their findings and recommendations to the commander-in-chief, who, if the award appears justified, shall confer upon the member the medal recommended.

            Not more than one medal of valor, Massachusetts military medal, medal of merit, commendation medal or achievement medal shall be awarded to any person, but a suitable clasp shall be awarded, under the same conditions.

            The design of the medals hereinbefore referred to shall be approved by the art commission for the commonwealth.

            The Massachusetts medal of valor, military medal, medal of merit, commendation medal and achievement medal may be awarded posthumously.

 

SECTION 56.  Said chapter 33 is hereby further amended by striking out section 69, as appearing in the 2012 Official Edition, and inserting in place thereof the following section:-

Section 69.  The military courts of the armed forces of the commonwealth shall be general courts-martial, special courts-martial and summary courts-martial.  They shall be constituted like, and have cognizance of the same subjects, and possess like powers, except as to punishment, as similar courts provided for by the laws and regulations governing the armed forces of the United States, and proceedings of courts-martial shall follow the forms and modes of procedure prescribed for said similar courts, except as expressly modified by this chapter and in accordance with the rules and regulations made and published by the commander-in-chief or the commander-in-chief’s designee.

SECTION 57.  Section 70 of chapter 33 of the General Laws is hereby repealed.

 

SECTION 58.  Said chapter 33 is hereby further amended by striking out section 71, as appearing in the 2012 Official Edition, and inserting in place thereof the following section:-

Section 71.  General courts-martial of the armed forces of the commonwealth may be convened by the commander-in-chief, and may impose on or more of the following punishments or sentences for each offense:- (1) fine, not exceeding two thousand dollars; (2) forfeiture of pay and allowances; (3) reprimand; (4) dismissal or dishonorable discharge from the service; (5) reduction of noncommissioned officers; (6) confinement for a period not to exceed that provided for by the laws and regulations governing the armed forces of the United States except as expressly modified by this chapter.

 

SECTION 59.  Said chapter 33 is hereby further amended by striking out section 72, as appearing in the 2012 Official Edition, and inserting in place thereof the following section:-

Section 72.  Special courts-martial shall have power to try any person subject to military law, except a commissioned officer, for any crime or offense made punishable by the laws and regulations governing the armed forces of the United States or by the provisions of this chapter.  Special courts-martial shall have the same powers of punishment as do general courts-martial, except that fines imposed by them shall not exceed one thousand dollars.

 

SECTION 60.  Said chapter 33 is hereby further amended by striking out section 73, as appearing in the 2012 Official Edition, and inserting in place thereof the following section:-

Section 73.  Summary courts-martial shall have the power to try enlisted personnel for any non-capitol offense made punishable by the laws and regulations governing the armed forces of the United States or by the provisions of this chapter.  Noncommissioned officers shall not be tried by summary courts-martial if they object thereto before arraignment.  Summary courts-martial shall have power to impose a fine not exceeding two-hundred-fifty dollars for any single offense and may reduce enlisted personnel.  The proceedings of such court shall be informal and the record thereof shall be substantially the same as that prescribed for the armed forces of the United States.

 

SECTION 61.  Said chapter 33 is hereby further amended by striking out section 74, as appearing in the 2012 Official Edition, and inserting in place thereof the following section:-

Section 74.(a) Under such regulations as the commander-in-chief may prescribe, any commanding officer may, in addition to or in lieu of admonition or reprimand, impose one of the following disciplinary punishments for minor offenses without the intervention of a court-martial:

(1)Upon any member of his or her command, the withholding of privileges for a period not to exceed two consecutive weeks, or restriction to certain specified limits for a similar period, and the imposition of a fine not exceeding two hundred dollars for any single offense.

 (2) Upon enlisted personnel of his or her command, extra duties for a period not to exceed two consecutive weeks, and not to exceed two hours per day, or reduction to the next inferior grade.

(b) A person punished under authority of this section who deems his or her punishment unjust or disproportionate to the offense may, through the proper channel, appeal to the next superior authority. The appeal shall be promptly forwarded and decided, but the person punished may in the meantime be required to undergo the punishment adjudged. The officer who imposes the punishment, that officer’s successor in command, and superior authority shall have power to suspend, set aside or remit any part or amount of the punishment and to restore all rights, privileges, and property affected.

(c) The imposition and enforcement of disciplinary punishment under authority of this section for any act or omission shall not be a bar to trial by court-martial for a serious crime or offense growing out of the same act or omission, and not properly punishable under this section; but the fact that a disciplinary punishment has been enforced may be shown by the accused upon trial, and when so shown shall be considered in determining the measure of punishment to be adjudged in the event of a finding of guilty.

SECTION 62.  Section 75 of chapter 33 of the General Laws is hereby repealed.

 

SECTION 63.  Said chapter 33 is hereby further amended by striking out section 77, as appearing in the 2012 Official Edition, and inserting in place thereof the following section:-

 

Section 77.  The senior member of a court-martial and summary court officers may issue warrants to arrest accused persons and to bring an accused person before the court for trial whenever that person shall have disobeyed a written order from the convening authority, delivered to that person with a copy of the charge or charges, and directing that person to appear before the court. Said officials may issue subpoenas, and may enforce the attendance of witnesses and the production of books and documents, and may sentence for a refusal to be sworn or to answer, as in actions before civilian courts.

 

SECTION 64.  Said chapter 33 is hereby further amended by striking out section 78, as appearing in the 2012 Official Edition, and inserting in place thereof the following section:-

Section 78.(a) All processes and sentences of courts-martial shall be executed by an officer qualified to serve criminal process, and pre-trial confinement or commitment under said sentences may be made to any jail, house of correction or prison in the commonwealth.  The master or keeper of the jail, house of correction or prison to which a person is sentenced shall receive and detain that person in the same manner as if sentenced by a civilian court. The necessary charges shall be paid by the commonwealth and approved by the adjutant general.

(b) All fines assessed by a court-martial and collected or withheld shall be paid to the commonwealth through the adjutant general subject to such regulations as the adjutant general may prescribe.

 

SECTION 65. Section 82 of chapter 33 of the General Laws, as appearing in the 2012 Official Edition, is hereby amended by striking out, in line 3, the word “civil” and inserting in place thereof the following word:- “civilian”.

 

SECTION 66. Said chapter 33 is hereby further amended by striking out section 83, as appearing in the 2012 Official Edition, and inserting in place thereof the following section:-

Section 83.(a) For duty performed under the provisions of sections sixty and sixty-one by members of the armed forces of the commonwealth not serving in a federal duty status, there may be allowed and paid from funds appropriated therefor the same rate of pay of like grade as would be received by them if they were on active duty status in the armed forces of the United States with less than two years’ service, and such subsistence, travel or other allowances as the adjutant general may authorize.

(b) For duty performed under the provisions of sections thirty-eight, forty and forty-one, there shall be allowed and paid to members of the armed forces of the commonwealth from funds appropriated therefor the same rate of base pay for length of service and allowances for housing and subsistence as if they were on active duty status in the armed forces of the United States, however, such compensation shall not be less than one hundred dollars per day, subject, however, to the provisions of subsection (c).

(c) For duty performed under the provisions of sections thirty-eight, forty, forty-one and sixty, the pay and allowances authorized by this section shall be reduced by any amounts received from the United States government as pay or allowances for military service performed during the same pay period.

 

SECTION 67.  Section 85 of chapter 33 of the General Laws, as appearing in the 2010 Official Edition, is hereby amended by striking out, in line 3, the words “forty-two”.

 

SECTION 68.  Sections 86 and 87 of chapter 33 of the General Laws are hereby repealed.

 

SECTION 69.  Said chapter 33 is hereby further amended by striking out section 88, as appearing in the 2012 Official Edition, and inserting in place thereof the following section:-

Section 88. An officer or enlisted person of the military division, while performing any duty lawfully ordered under any provision of this chapter, or a person not a member of the armed forces of the commonwealth, but who is the owner, or is employed by the owner of a motor vehicle lawfully loaned to or hired by the commonwealth under section eighty-nine and whose services are loaned or given to the commonwealth for any purpose set forth in said section, or a person rendering assistance to any of the armed forces of the commonwealth in connection with the use of a motor vehicle under any provision of section eighty-nine by request or order of any responsible officer of said armed forces and who by reason of such voluntary action, employment or assistance and without fault or neglect on his or her part, receives any injury, is disabled, or contracts any sickness or disease, incapacitating that person from pursuing his or her usual business or occupation, shall, during the period of such incapacity, receive compensation to be fixed by a board appointed under the provisions of section ninety to inquire into his or her claim, and actual necessary expenses for medical services and care, medicines and hospitalization, replacement or repair of eyeglasses, dentures or prosthetic devices worn or carried. In case of death resulting from such injury, sickness or disease, except in the case of any such death for which compensation is payable under the provisions of the second paragraph of this section, compensation shall be paid to the decedent’s dependents, as determined in accordance with clause (3) of section one and section thirty-two of chapter one hundred and fifty-two, in the amounts provided by and otherwise subject to section thirty-one of said chapter; provided, that dependents other than widows and children shall receive compensation to be fixed by said board, which shall exercise all the powers given by said provisions of chapter one hundred and fifty-two to the division of industrial accidents.

            In the case of the death of a member of the Massachusetts National Guard resulting from injury, sickness or disease received while in the line of duty pursuant to orders under titles 10 and 32 of the United States Code or chapter 33, and that injury, sickness or disease resulting in the death was not the result of fault or neglect on the part of the decedent, a single payment of $100,000 shall be paid to the surviving spouse. If there is no surviving spouse the amount shall be paid to the child, or children in equal shares, of the decedent. If there is no surviving spouse and no child or children, the surviving mother and father of the decedent, if the father and mother were dependent on the decedent for support at the time of the decedent’sdeath each shall receive $50,000. If only 1 parent was dependent on the decedent for support, that parent shall receive $100,000. The standard for dependency shall be determined in accordance with clause (3) of section 1 and section 32 of chapter 152. All claims presented under the provision of this section shall be made in accordance with the procedure provided for under section 90.

 

SECTION 70.  Section 89 of said chapter 33, as so appearing, is hereby amended by striking out, in line 10, the words “or forty-two”.

 

SECTION 71.  Said chapter 33 is hereby further amended by striking out section 90, as appearing in the 2012 Official Edition, and inserting in place thereof the following section:-

Section 90.  Claims against the commonwealth for compensation under the provisions of section eighty-eight shall be referred to a board of three officers, including the state judge advocate and a medical or medical service officer, appointed by the commander-in-chief. The board in consideration of the claim shall except as otherwise provided in section eighty-eight take into account any compensation received by the claimant or the claimant’s dependents from the United States. The board shall have the same power to take evidence, administer oaths, issue subpoenas and compel witnesses to attend and testify and produce books and papers, and to punish their failure to do so as is possessed by a general court-martial. The findings of the board shall be subject to the approval of the adjutant general.  The amounts so found due and so approved shall be a charge against the commonwealth and shall be paid in the same manner as other military accounts.

 

SECTION 72.  Said chapter 33 is hereby further amended by striking out section 94, as appearing in the 2012 Official Edition, and inserting in place thereof the following section:-

Section 94.  No person performing any services under section eighty-eight shall, by reason of such services, be deemed to be an employee of the commonwealth or, if not already an officer or enlisted person of the military division of the commonwealth, to be such an officer or enlisted person, or to be entitled to receive any pension or retirement allowance from the commonwealth, or to have acquired any right, or to be entitled to receive any other benefit or compensation. Any person claiming the right to receive compensation from the commonwealth under any provision of section eighty-eight shall, within a reasonable time after receiving an injury, or contracting any sickness or disease, while performing services referred to therein, give to the adjutant general notice of his or her name and place of residence, and the time, place and cause of such injury, sickness or disease. Such notice shall be in writing, signed by the person claiming compensation or by someone in that person’s behalf.

 

SECTION 73.  Said chapter 33 is hereby further amended by striking out section 96, as appearing in the 2012 Official Edition, and inserting in place thereof the following section:-

Section 96.  Organization and unit funds shall be maintained and conducted as the commander-in-chief may prescribe in regulations. The administration of such a fund by the officer designated in regulations to have the custody thereof shall be one of the duties pertaining to his or her office. Upon the disbandment of any organization or unit maintaining a fund as above provided, the adjutant general shall at once become custodian or treasurer thereof and shall distribute these funds to such organizations or units as he or she may determine to be equitably entitled thereto, or, if no organization or unit is so entitled, shall draw a check for the total amount on deposit in favor of the state treasurer, who shall hold such funds or shall expend them as the general court may prescribe; except in the case of organizations or units ordered into the active service of the United States, the adjutant general may act as custodian of such funds during the period of active federal service.

 

SECTION 74.  Said chapter 33 is hereby further amended by striking out section 97, as appearing in the 2012 Official Edition, and inserting in place thereof the following section:-

Section 97.  There may annually be allowed and paid quarterly from money appropriated for the purpose in substantially equal installments under such regulations as may be promulgated by the commander-in-chief, to the organizations and units of the armed forces of the commonwealth, when not in federal service, appropriate sums for administration and maintenance including telephone, postage, printing, office and other necessary supplies not available through issue, for athletic or recreational equipment for the common use of enlisted personnel, for clerical assistance, for the repair and alteration of uniforms, and such other military purposes as may be approved by the commander-in-chief.

 

SECTION 75.  Said chapter 33 is hereby further amended by striking out section 99, as appearing in the 2012 Official Edition, and inserting in place thereof the following section:-

Section 99. Whoever, not being in the service of the armed forces of the United States or of the commonwealth, appears in public wearing the distinctive uniform of any branch of such service shall be punished by a fine of not more than one thousand dollars or by imprisonment for not more than six months, or both, but this section shall not apply to any person discharged from such service, for any cause other than his or her own unworthiness, wearing his or her uniform in order to take part in any military or naval parade or on any occasion of ceremony, or to any person in the service of the armed forces of the United States, discharged for any cause other than his or her own unworthiness, wearing the uniform from place of discharge to his or her home. Any person found violating any provision of this section may be arrested without a warrant by any officer qualified to serve criminal process; provided, that nothing in this section shall subject to penalty any action with respect to the wearing of uniforms of the armed forces of the United States which is authorized by federal law.

 

SECTION 76.  Section 100 of chapter 33 of the General Laws is hereby repealed.

 

SECTION 77.  Said chapter 33 is hereby further amended by striking out section 103, as appearing in the 2012 Official Edition, and inserting in place thereof the following section:-

 

Section 103.  An officer or enlisted person shall be responsible for the proper care, safekeeping and return, when so directed, of all items of military property issued by the United States or the commonwealth.  Service members shall use the same for military purposes only, and upon being discharged, transferred or otherwise separated from the military service, or upon the demand of a commanding officer, shall forthwith deliver such item or items to the commanding officer, or to any officer ordered to receive them, in good order and condition, fair wear thereof excepted.

SECTION 78.  Section 104 of chapter 33 of the General Laws is hereby repealed.

 

SECTION 79.  Section 105 of said chapter 33, as so appearing, is hereby amended by striking out, in lines 16-17, the words “by him”.

 

SECTION 80.  Section 106 of chapter 33 of the General Laws, as appearing in the 2012 Official Edition, is hereby amended by inserting after the word “his”, in line 4, the following words:- “or her”.

 

SECTION 81. Said chapter 33 is hereby further amended by striking out section 107, as appearing in the 2012 Official Edition, and inserting in place thereof the following section:-

Section 107.  Whoever knowingly purchases, retains or has in his or her possession any item of military property of the United States or of the commonwealth, unless the same shall have been issued to him or her, or is in his or her possession in accordance with law, shall be punished by a fine not exceeding ten times the value thereof.

 

SECTION 82.  Said chapter 33 is hereby further amended by striking out section 108, as appearing in the 2012 Official Edition, and inserting in place thereof the following section:-

Section 108.  Any officer or noncommissioned officer of the armed forces of the commonwealth to whom monies or public property are at any time issued may be required to give bond to the commonwealth, in such amount and with such surety or sureties as may be determined by the commander-in-chief, conditioned upon the faithful performance of his or her duties, accounting properly for all monies or property received by virtue of his or her assignment and duties during the term of such bond, and turning over to his or her immediate successor, or other officer designated by the commander-in-chief, all records, reports, monies or property for which he or she is accountable as provided for under section one hundred and twelve.

 

SECTION 83.  The first sentence of section 109 of chapter 33 of the General Laws, as appearing in the 2012 Official Edition, is hereby amended by inserting after the word “he” the following words:- “or she”.

 

SECTION 84.  Section 110 of chapter 33 of the General Laws, as appearing in the 2012 Official Edition, is hereby amended by striking out, in lines 2-3, the words “ninety-six”.

 

SECTION 85.  Said chapter 33 is hereby further amended by striking out section 111, as appearing in the 2012 Official Edition, and inserting in place thereof the following section:-

 

Section 111.  (a) An officer or enlisted person shall be responsible for military property of the United States and of the commonwealth received by him or her, and shall not sell, loan or transfer it or any part of it, without the authority of the commander-in-chief; and shall be liable to the commonwealth for all such property defaced, injured, destroyed or lost by his or her neglect or default, or for its value, to be recovered in an action of tort brought by the state judge advocate in the name of the commonwealth.

(b) Service members shall exercise the strictest care and vigilance for the preservation of the individual and unit clothing and equipment and other property furnished their commands; and, in case of any loss thereof or damage thereto by their neglect or default, they shall be subject to appropriate punishment in accordance with the military justice provisions of this chapter.

(c) When any officer or enlisted person neglects or refuses to return any military property of the United States or of the commonwealth or of any unit, or to account satisfactorily for it to the officer responsible for its custody, or to the officer ordered to receive it, such custodian or officer may make a written complaint directly to the colonel of state police, describing the missing property, and thereupon the state police shall make diligent search for the property, and shall take possession of all such property and turn the same over to the officer responsible for its custody.

 

SECTION 86.  Said chapter 33 is hereby further amended by striking out section 112, as appearing in the 2012 Official Edition, and inserting in place thereof the following section:-

Section 112. (a) An officer of the military forces of the commonwealth, upon vacating an office, shall turn over to his or her immediate successor, or other officer designated by the commander-in-chief, all records, reports and military property in his or her possession belonging or in any way pertaining to such office.

(b) Upon the disbandment of any unit which has received military property for military use, the service members responsible for such property shall return it to the officer ordered to receive it.

(c) Until such service member responsible for military property or his or her legal representative receives from the adjutant general notice that the property accounts of such service member have been found correct, the liability of such service member or of his or her estate for military property shall continue. Upon the death or desertion of a service member responsible for military property his or her immediate commanding officer shall at once cause such property to be collected, and a correct inventory made by physical count and examination. Such inventory shall be forwarded to the adjutant general, and compensation for any shortage may be recovered as provided in subsection (a) of section one hundred and eleven.

 

SECTION 87.  The second sentence of section 113 of chapter 33 of the General Laws, as appearing in the 2012 Official Edition, is hereby amended by inserting after the word “sold”, in line 4, the following words:- “or otherwise disposed of”.

 

SECTION 88.  Section 114 of chapter 33 of the General Laws, as appearing in the 2012 Official Edition, is hereby amended by striking out, in line 1, the words “governor, with the advice and consent of the council” and inserting in place thereof the following words:- “commander-in-chief”.

 

SECTION 89.  Section 115 of chapter 33 of the General Laws is hereby repealed.

 

SECTION 90.  Section 116 of chapter 33 of the General Laws, as appearing in the 2012 Official Edition, is hereby amended by striking out, in lines 1-2, the words “governor and council” and inserting in place thereof the following words:- “commander-in-chief”.

 

SECTION 91.  Section 121 of chapter 33 of the General Laws is hereby repealed.

 

SECTION 92.  Said chapter 33 is hereby further amended by striking out section 122, as appearing in the 2012 Official Edition, and inserting in place thereof the following section:-

Section 122.  (a)  Armories and air installations provided for the armed forces of the commonwealth shall be used by them for the military purposes or purposes incidental thereto designated by the commander-in-chief. Any state armory or air installation when not in use for military purposes may be used without charge and subject only to rules and regulations promulgated by the commander-in-chief for social activities or athletics by military units stationed in such armory or air installation. Non-military use of an armory under this section shall not be permitted if it interferes with its military use.

(b) Any armory or air installation may be used for the purposes set forth in subsections (c) and (e) in accordance with terms and conditions prescribed by the commander-in-chief, upon application therefor to the adjutant general through the military custodian of the armory or air installation. No such application shall be granted unless it is approved by the military custodian and the adjutant general and contains a certificate from each unit commander whose drill or other military duty is to be changed or modified by such use, stating that he or she approves the application and that such change or modification will not in any way be detrimental to the unit or to its training, and further stating in detail the manner in which said change or modification is to be effected. Such applications may, after the lapse of one year from the date of their receipt, be destroyed or disposed of by order of their lawful custodian, and any proceeds received in the course of their disposal shall be paid to the commonwealth.

(c) Subject to subsection (b), armories or air installations may be used temporarily for the following public purposes:

(1) A public meeting, hearing, or activity held by a city, town, state, or federal department, board, commission, or similar entity.

(2) An examination conducted by a state department, board, commission, or similar entity.

(3) A meeting of an organization composed of veterans of the armed forces of the commonwealth or the armed forces of the United States, their auxiliaries, drill teams, bands and drum corps of organizations of veterans as well as a board of trade, a chamber of commerce, or a meeting to raise funds for any non-sectarian charitable or non-sectarian educational purpose.

(4) A meeting to raise funds for a benefit association of police officers or firefighters.

(5) Elections, primaries or caucuses, and town meetings.

(6) A meeting or rally of a political party or a municipal party, as defined by section one of chapter fifty, conducted by the duly constituted local committee of such party; provided, that no party shall be permitted to use the same armory more than twice in the same year.

(7) A meeting of any organization of boys and girls under eighteen years of age, or of any student military organization sponsored or sanctioned by the armed forces of the commonwealth or the armed forces of the United States. Upon application to the adjutant general and on terms and conditions prescribed by him or her such organizations may be permitted to use for parade or drill purposes such grounds owned by the commonwealth as are used by the armed forces.

(d) Compensation for the use of any armory or air installation under subsection (c) shall be fixed by the adjutant general with the approval of the armory commission and shall be at least sufficient to cover all expenses of lighting, heating and guarding the armory or air installation, and similar expenses. Such compensation shall be paid to the adjutant general, who shall pay the same to the commonwealth.

(e) Subject to subsection (b) an armory or air installation may be used for:

(1) Athletic contests and social or civic activities conducted by responsible organizations or associations.

(2) For a period not exceeding nine days for any exhibition of the products of labor, agriculture or industry, including any automobile exhibition conducted by a responsible organization, and, for the purpose of decorating the premises, for such additional time immediately preceding said period, not exceeding eighteen hours, as may be approved by the military custodian and the adjutant general, and for the purpose of removing decorations, exhibits or equipment, for such additional time immediately following said period, not exceeding eighteen hours, as may so be approved; provided, that the compensation for such uses shall in no case be less than the fair rental value, for the entire period during which the armory or air installation is occupied by any such exhibit or equipment, of halls of a similar nature in the same or a similar city or town, together with a sum sufficient to cover the expenses of providing such guards and labor as may be necessary to protect the armory or air installation while so used and to remove and replace items of military equipment while so used. Subject to the foregoing limitation, such compensation shall be fixed by the adjutant general and shall be paid as provided in subsection (d).

(f) Each organization using an armory or air installation under subsection (c) or (e) shall, under rules and regulations prescribed by the commander-in-chief, pay for any damage to or loss of any property or equipment and for any personal injury for which the adjutant general or other state official may be legally liable. Said rules and regulations may also require that such organization shall file with the adjutant general a bond in such form and amount and containing such conditions as said rules and regulations may prescribe.

(g) The adjutant general is authorized to enter into interagency agreements with other city, town, state, or federal agencies and to charge said agencies for the use of any armory, air installation or other facility under his or her control.

 

SECTION 93.  Said chapter 33 is hereby further amended by striking out section 123, as appearing in the 2010 Official Edition, and inserting in place thereof the following section:-

Section 123.  Every officer whose unit occupies, or assembles or drills in any armory, air installation, drill hall or building used according to law for that purpose shall have control of such premises during the period of occupation, subject to orders of superior officers, and any person intruding contrary to commander’s orders or to the orders of that commander’s superior officers, or who interrupts, disturbs, obstructs or insults the troops or any of them so occupying such premises, may be ejected, forcibly if necessary, or may be dealt with as provided in sections sixty-five and sixty-six for like offences, at the discretion of such officer or of that officer’s superior officers, but in armories not classified as state armories reasonable inspection of the premises may be made by the mayor or city manager or the selectmen, or the owners of the premises.

 

SECTION 94.  Section 124 of chapter 33 of the General Laws is hereby repealed.

 

SECTION 95.  Said chapter 33 is hereby further amended by striking out section 126, as appearing in the 2012 Official Edition, and inserting in place thereof the following section:-

Section 126.  The armory commission shall rebuild, remodel or repair state armories or air installations damaged or destroyed, and may reconstruct, remodel, enlarge or otherwise improve existing state armories, or air installations if it deems the needs of the service so require, and shall construct additional armories or air installations until the armed forces of the commonwealth shall be provided with adequate quarters.

            It shall designate the location of armories and air installations so to be constructed and shall thereupon, in behalf of the commonwealth, take by eminent domain under chapter seventy-nine, or acquire by purchase or otherwise, suitable lots of land in the respective cities or towns designated, and shall erect, furnish and equip thereon armories or air installations sufficient for one or more units of the armed forces of the commonwealth as it deems necessary, but no land shall be acquired and no buildings erected, reconstructed, remodeled or enlarged until the site and plans thereof, and the total amount to be authorized therefor, have been approved by the commander-in-chief.

            It may, in behalf of the commonwealth, and with the approval of the commander-in-chief, take by eminent domain under chapter seventy-nine, or acquire by purchase or lease, land suitable for ranges for target practice for the armed forces of the commonwealth and upon such land may, with the approval of the commander-in-chief, erect such buildings and construct such facilities as may be needed.

            Land acquired by purchase under this section shall be paid for by the commonwealth upon the execution of such a release or conveyance as shall be prescribed by the attorney general.

            It may, in behalf of the commonwealth, and with the approval of the commander-in-chief, dispose of an armory or air installation, whenever it deems that the continued existence of such armory or air installation no longer suitably or efficiently serves the purposes of the armed forces of the commonwealth either due to obsolescence or changes in the defense requirements.

 

SECTION 96.  Section 127 of chapter 33 of the General Laws, as appearing in the 2012 Official Edition, is hereby amended by striking out, in lines 4-5 and 11-12, the words “governor and council” and inserting in place thereof the following words:- “commander-in-chief”.

 

SECTION 97.  Section 130 of said chapter 33 is hereby amended by striking out, in line 5, the word “He” and inserting in place thereof the following words:-“The commander-in-chief”.

 

SECTION 98.  Section 131 of chapter 33 of the General Laws, as appearing in the 2012 Official Edition, is hereby amended by striking out, in line 3 the word “fifty” and inserting in place thereof the following words:- “five-hundred”.

 

SECTION 99.  Section 133 of chapter 33 of the General Laws, as appearing in the 2012 Official Edition, is hereby amended by striking out, in line 3, the words “not less than twenty, not more than five-hundred dollars” and inserting in place thereof the following words:- “not less than two-hundred, no more than five-thousand dollars”.

 

SECTION 100.  Section 135 of chapter 33 of the General Laws, as appearing in the 2012 Official Edition, is hereby amended by striking out, in line 13, the words “the rate of fifteen dollars per day.” and inserting in place thereof the following words:- “the applicable per diem rate of the Commonwealth.”.

 

SECTION 101. Said chapter 33 is hereby further amended by striking out section 137, as appearing in the 2012 Official Edition, and inserting in place thereof the following section:-

Section 137.  There is hereby established a Massachusetts national guard education assistance program.  This program shall be administered by the military division which shall have the authority to issue a certificate of exemption from the matriculation fee and tuition to any member of the Massachusetts army or air national guard who is enrolled at any state institution in a program the cost of which is borne by the commonwealth and who is qualified as hereinafter provided.  This certificate shall remain in effect one full academic year and shall be renewed after the student has completed a full academic year of work equal to thirty semester hours, in accordance with regulations prescribed by the military division: one certificate may therefore be in effect for more than one year.

            To receive benefits from the program, the member shall be a member in good standing of the active Massachusetts army or air national guard at the beginning of each semester that benefits are payable and shall remain a member in good standing of the active Massachusetts army or air national guard throughout the entire semester for which benefits are payable.

            Assistance shall continue for the benefit of the member only during such time as he or she remains a student in good standing at the institution in which he or she is enrolled and in no event shall any student receive the benefits for more than one hundred and thirty semester hours.

            Enrollment of a member in a course at said institutions shall be dependent on the availability of seats. Availability of seats for the purposes of this section shall mean vacancies that exist in a course after the enrollment of all tuition paying students, and all students who are enrolled under any scholarship or tuition waiver provisions.

 

SECTION 102.  Said chapter 33 is hereby further amended by striking out section 138, as appearing in the 2012 Official Edition, and inserting in place thereof the following section:-

Section 138. (a) As used in this section the following words shall, unless the context clearly requires otherwise, have the following meanings:—

“Chief”, the chief of the Joint Base Cape Cod fire department.

“Department”, the Joint Base Cape Cod fire department.

“Joint Base Cape Cod”, approximately 22,000 acres of land owned by the commonwealth in Barnstable county established under chapter 196 of the acts of 1935 and used primarily for military purposes.

(b) There shall be within the military division a Joint Base Cape Cod fire department. The department shall provide air crash crew and fire protection services on the Joint Base Cape Cod. The department shall be under the supervision and control of the chief of the Joint Base Cape Cod fire department.

            The chief shall be appointed by the adjutant general and may be removed by the adjutant general for cause after a hearing. The chief shall have charge of extinguishing fires on the Joint Base Cape Cod and the protection of life and property in the event of fire, aircraft mishap or explosion. The chief shall enforce all applicable state and federal fire laws and codes. The chief shall purchase, subject to the approval of the adjutant general or the adjutant general’s designee, and maintain all apparatus used by the fire department, and shall make other necessary expenditures subject to such further limitations as the adjutant general or the adjutant general’s designee may prescribe.

            The chief shall enter into mutual aid agreements with surrounding cities and towns as necessary. The chief shall have and exercise all the powers and discharge all the duties conferred or imposed by statute upon engineers in towns except as otherwise provided by chapter 48. The chief shall appoint a deputy chief and such officers and firefighters as he or she deems necessary and may remove the same for cause after a hearing, subject to the provisions of any applicable collective bargaining agreement. The chief, deputy chief, officers and firefighters shall be civilian employees of the military division and shall not be subject to the provisions of the General Laws establishing a civil service system. New uniformed members of the department shall be subject to the provisions for firefighters set forth in sections 61A and 61B of chapter 31.

            Except as otherwise provided herein, the chief shall administer the department. He or she shall make rules and regulations for its operation, shall report annually to the adjutant general or the adjutant general’s designee on the condition of the department and at such other times as the adjutant general or the adjutant general’s designee shall request.

 

SECTION 103.  Chapter 33of the General Laws is hereby amended by inserting after section 138 the following section:-

Section 139.  The national guard is hereby authorized to use all appropriate means necessary to protect assets vital to national security classified as such according to rules, regulations, or instructions promulgated by the department of defense of the United States or the military departments thereof or as otherwise ordered by the commander-in-chief. 

 

SECTION 104.  Section 52A of chapter 149 of the General Laws is hereby repealed.

 

SECTION 105.  Chapter 222 of the General Laws is hereby amended by striking out section 11, as appearing in the 2012 Official Edition, and inserting in place thereof the following section:-

Section 11. Persons serving in or with the armed forces of the commonwealth or the United States or their dependents, wherever located, may acknowledge any instrument, in the manner and form required by the laws of this commonwealth, before any commissioned officer in the active service of the armed forces of the commonwealth or the United States with the rank of second lieutenant or higher in the army, air force or marine corps, or ensign or higher in the navy or United States coast guard. Any such instrument shall contain a statement that the person executing the instrument is serving in or with the armed forces of the commonwealth or the United States or is a dependent of a person serving in or with the armed forces of the commonwealth or the United States. No such instrument shall be rendered invalid by the failure to state therein the place of execution or acknowledgment.

            No authentication of the officer’s certificate of acknowledgment shall be required.

            Instruments so acknowledged outside of the commonwealth, if otherwise in accordance with law, shall be received and may be used in evidence, or for any other purpose, in the same manner as if taken before a commissioner of the commonwealth appointed to take depositions in other states.

 

SECTION 106.  Section 4 of chapter 260 of the General Laws, as appearing in the 2012 Official Edition, is hereby amended by striking out, in line 29, the word “soldier” and inserting in place thereof the following words:- “enlisted person”.

 

SECTION 107. The provisions of this act shall not affect the incumbents serving in the positions of assistant adjutant general who is designated executive officer, assistant adjutant general, assistant adjutant general for air, state quartermaster, state surgeon, state judge advocate, and deputy state judge advocate at the time of passage of this act.  They shall continue to serve in accordance with the provisions of section 15(a) of chapter 33 in effect at the time of their appointments to the state staff except that they shall now be subject to dismissal for cause in accordance with section twenty-nine of chapter 33 or by a legally convened court-martial in accordance with the military justice provisions of chapter 33, and that the incumbent deputy state judge advocate shall, in the event of a vacancy in the office of state judge advocate, assume the responsibilities of the state judge advocate.