SENATE, No. 2142

By Mr. Pacheco, a petition (accompanied by bill, Senate, No. 2142) of Marc R. Pacheco and Richard T. Moore for legislation relative to the Military Division of the Commonwealth. Veterans and Federal Affairs.
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The Commonwealth of Massachusetts

Seal of the Commonwealth of Massachusetts

In the Year Two Thousand and Seven.


AN ACT relative to the military division of the Commonwealth

Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority of the same, as follows:

SECTION 1. Section 17A of chapter 6 of the General Laws as appearing in the 2004 Official Edition, is hereby amended in the second sentence by inserting after the words, “secretary of administration and finance,” the following words: the adjutant general.

SECTION 2.  Section 2 of chapter 6A of the General Laws as appearing in the 2004 Official Edition, is hereby amended by inserting after the words “health and human services,” the words: military affairs.

SECTION 3.  Section 18 of said chapter 6A, as so appearing, is hereby amended by striking out, after the words Massachusetts Emergency Management Agency, the following words: “the military department;”.

SECTION 4.  Section 18½  of said chapter 6A, as so appearing, is hereby further amended by striking out, in the fourth paragraph after the words fire services, the following words: “the military department”.

SECTION 5.  Section 3 of said chapter 6A, as so appearing, is hereby amended in the first sentence, by inserting after the word “offices”, the following words:  , except the military affairs department.

SECTION 6.  Section 3 of said chapter 6A, as so appearing, is further amended by inserting after the first sentence in said section three, the following new sentence: The military affairs department shall be headed by the adjutant general, who shall be appointed in accordance with the provisions of subsection (b) of section 15 of chapter 33 of the general laws.

SECTION 7.  Section 4 of said chapter 6A, as so appearing, is hereby amended in the first sentence, by inserting after the word “secretary,” the following words:  and the adjutant general,

SECTION 8.  Section 5 of said chapter 6A, as so appearing, is hereby further amended in lines 1 and 7 by inserting, after the word “secretary,” the following words:  and the adjutant general,

SECTION 9.  Section 6 of said chapter 6A, as so appearing, is hereby amended in lines 1 and 9 by inserting, after the word “secretary,” the following words:  and the adjutant general,

SECTION 10.  Section 7 of said chapter 6A, as so appearing, is hereby further amended in the first sentence by inserting, after the word “secretary,” the following words:  and the adjutant general,

SECTION 11.  Section 15 of chapter 33 of the general laws, as appearing in the 2004 Official Edition, is hereby amended by striking out paragraph (c) and inserting in place thereof the following section:

(c)  There shall be 5 assistant adjutants general, 1 of whom shall be designated executive officer, 1 of whom shall be designated assistant adjutant general for air, and 1 of whom shall be designated assistant adjutant general for army, who shall perform such duties as may be delegated to them by the adjutant general, or as prescribed in orders and regulations from time to time.

The provisions of section 15(c) as amended shall not be deemed to affect the term of office of any incumbent holding the position of assistant adjutant general on the effective date of this act.

SECTION 12.  Notwithstanding section 8900-0001 of section 2 of chapter 139 of the Acts of 2006, the department of correction shall no longer administer the budgetary, procurement, fiscal, human resources, payroll and other administrative services for the military division, the Massachusetts parole board and the sex offender registry board. 

SECTION 13.  Chapter 33 of the General Laws is hereby amended by inserting after section 90 the following section:

Section 90A.  No provider of medical services in the Commonwealth shall submit a claim for any unpaid debt to a debt collection agency after the provider of medical services has received notification in writing by the national guard that the named debtor or recipient of services was on state active duty for the Massachusetts National Guard at the time the related injuries necessitating services were sustained.