Massachusetts 2023-2024 Regular Session

Massachusetts Senate Bill S1478 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	1 of 1
2	2	SENATE DOCKET, NO. 1570 FILED ON: 1/19/2023
3	3	SENATE . . . . . . . . . . . . . . No. 1478
4	4	The Commonwealth of Massachusetts
5	5	_________________
6	6	PRESENTED BY:
7	7	Michael J. Barrett
8	8	_________________
9	9	To the Honorable Senate and House of Representatives of the Commonwealth of Massachusetts in General
10	10	Court assembled:
11	11	The undersigned legislators and/or citizens respectfully petition for the adoption of the accompanying bill:
12	12	An Act relative to military grade controlled property.
13	13	_______________
14	14	PETITION OF:
15	15	NAME:DISTRICT/ADDRESS :Michael J. BarrettThird MiddlesexJack Patrick Lewis7th Middlesex1/30/2023 1 of 6
16	16	SENATE DOCKET, NO. 1570 FILED ON: 1/19/2023
17	17	SENATE . . . . . . . . . . . . . . No. 1478
18	18	By Mr. Barrett, a petition (accompanied by bill, Senate, No. 1478) of Michael J. Barrett and Jack
19	19	Patrick Lewis for legislation relative to military grade controlled property. Public Safety and
20	20	Homeland Security.
21	21	[SIMILAR MATTER FILED IN PREVIOUS SESSION
22	22	SEE SENATE, NO. 1539 OF 2021-2022.]
23	23	The Commonwealth of Massachusetts
24	24	_______________
25	25	In the One Hundred and Ninety-Third General Court
26	26	(2023-2024)
27	27	_______________
28	28	An Act relative to military grade controlled property.
29	29	Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority
30	30	of the same, as follows:
31	31	1 SECTION 1. Section 1 of chapter 29 of the General Laws, as so appearing, is hereby
32	32	2amended by inserting after the definition of “Direct debt” the following definition:-
33	33	3 “Federal agency”, a federal military, law enforcement or intelligence agency, department
34	34	4or division.
35	35	5 SECTION 2. Said section 1 of said chapter 29 is hereby further amended by inserting
36	36	6after the definition of “Fund” the following definition:-
37	37	7 "Law enforcement agency", a police department, sheriff department, harbormaster, state
38	38	8or county correctional facility or lockup, regional law enforcement council, so-called, or 2 of 6
39	39	9cooperative or other joint task force or other entity with authority to enforce the laws of the
40	40	10commonwealth.
41	41	11 SECTION 3. Said section 1 of said chapter 29 is hereby further amended by inserting
42	42	12after the definition of “Line-item” the following 2 definitions:-
43	43	13 “Local legislative body”, the town meeting for the purposes of a town system, the city
44	44	14council subject to the provisions of its charter in a city system, the district meeting in a district
45	45	15system, the county commissioners in a county system and the governing body of the authority in
46	46	16an authority system.
47	47	17 "Military grade controlled property”, equipment, articles, services and related technical
48	48	18data as enumerated in the United State munitions list under 22 C.F.R. 121.1 or the department of
49	49	19commerce control list under 15 C.F.R. 774.
50	50	20 SECTION 4. Clause (3) of subsection (a) of section 6B of said chapter 29 is hereby
51	51	21amended by striking out subclauses (ii) and (iii) and inserting in place thereof the following 3
52	52	22subclauses:-
53	53	23 (ii) the estimated amount of cash match, in-kind match or other monies to be supplied by
54	54	24the state and any other source from which such match will be required, and a description of the
55	55	25federal allocation formula and matching requirements including whether the grant is distributed
56	56	26to the commonwealth on the basis of a federally specified formula or on the basis of the federal
57	57	27grantor's discretion and a description of the federal constraints placed on the agency's discretion
58	58	28to use the grant; 3 of 6
59	59	29 (iii) the duration of the grant, the number of fiscal years the agency has been receiving
60	60	30assistance and the number of fiscal years in which assistance can be expected to continue under
61	61	31the program and a statement as to the priority of the program alongside other state or federally
62	62	32funded programs, including whether the agency would request that all or part of the program be
63	63	33funded out of the General Fund in the event federal funds are reduced or discontinued.
64	64	34 To avoid any inconsistency or duplication in review, notices given under this section
65	65	35shall be coordinated with other notice requirements for project or plan proposals in connection
66	66	36with federal aid including those required under Circular A-95 of the United States Office of
67	67	37Management and Budget; and
68	68	38 (iv) the projected annual maintenance costs of any military grade controlled property
69	69	39transferred or acquired from a federal agency
70	70	40 SECTION 5. Said section 6B of said chapter 29 is hereby further amended by adding the
71	71	41following 2 subsections:-
72	72	42 (k) The type and quantity of military grade controlled property available for purchase
73	73	43with any federal grant funds or available for acquisition by transfer, including but not limited to
74	74	44transfers by the United States Department of Defense pursuant to the 1033 Program, so-called, as
75	75	45authorized by Title 10, section 2576a of the United States Code, from a federal agency to a state
76	76	46law enforcement agency, including but not limited to the Massachusetts state police within the
77	77	47executive office of public safety and security, shall be set out with particularity to the general
78	78	48court so that it might consider proposed appropriations and the establishment of state policies
79	79	49and priorities. 4 of 6
80	80	50 (l) The department of state police, the office of law enforcement within the executive
81	81	51office of environmental affairs or the Massachusetts bay transportation authority police force
82	82	52shall not apply for or receive military grade controlled property or funds for the acquisition or
83	83	53transfer of military grade controlled property from a federal agency unless the department of
84	84	54state police, the office of law enforcement within the executive office of environmental affairs or
85	85	55the Massachusetts bay transportation authority police force obtains approval from the secretary
86	86	56of public safety and security, secretary of energy and environmental affairs or the secretary of
87	87	57transportation, respectively.
88	88	58 SECTION 6. Said chapter 29 is hereby further amended by inserting after section 6B the
89	89	59following section:-
90	90	60 Section 6B½. (a) A local law enforcement agency shall not apply for or receive military
91	91	61grade controlled property or funds for the acquisition or transfer of military grade controlled
92	92	62property from a federal agency unless: (1) the local law enforcement agency provides notice to
93	93	63the local legislative body of any intended application or transfer, including a detailed list of
94	94	64supplies and equipment sought to be acquired or transferred; (2) the local legislative body
95	95	65advertises and holds a public hearing, due notice of which shall be advertised to the public,
96	96	66regarding the prospective application or transfer, during which the public shall be allowed the
97	97	67opportunity to testify and comment; (3) the local law enforcement agency has responded in
98	98	68writing to any questions and matters raised by the local legislative body or residents at such
99	99	69public hearing; and (4) the local legislative body votes to approve the intended application or
100	100	70transfer, including the particular supplies and equipment sought to be acquired. The local law
101	101	71enforcement agency shall include documentation of the local legislative body’s approval in its
102	102	72application or acknowledgement of receipt. 5 of 6
103	103	73 (b) A regional law enforcement council or other multi-jurisdictional law enforcement
104	104	74agency, including, but not limited to, those made up of entities or representatives of multiple
105	105	75agencies and those administered by non-profits, shall not apply for or receive military grade
106	106	76controlled property or funds for the acquisition or transfer of military grade controlled property
107	107	77from a federal agency unless it has: (1) provided notice to each of the local legislative bodies for
108	108	78the cities and towns participating in the regional or multi-jurisdiction law enforcement agency
109	109	79regarding any prospective application or transfer; and (2) obtained approval from the secretary of
110	110	80public safety and security, who shall take into consideration any information, comments and
111	111	81recommendations from the local legislative bodies for the cities and towns participating in the
112	112	82regional or multi-jurisdiction law enforcement agency. The regional law enforcement council or
113	113	83multi-jurisdiction agency shall include documentation of the approval of the secretary of public
114	114	84safety and security in its application or acknowledgement of receipt. Notwithstanding any such
115	115	85approval, a local legislative body for a city or town participating in the regional or multi-
116	116	86jurisdiction law enforcement agency may vote to restrict or deny the use of the subject military
117	117	87grade controlled property within its locality.
118	118	88 (c) The department of state police shall not apply for or receive military grade controlled
119	119	89property or funds for the acquisition or transfer of military grade controlled property from a
120	120	90federal agency unless it has obtained approval from the secretary of public safety and security.
121	121	91The department of state police shall include documentation of the approval of the secretary of
122	122	92public safety and security in its application or acknowledgement of receipt.
123	123	93 (d) A sheriff’s department shall not apply for or receive military grade controlled
124	124	94property or funds for the acquisition or transfer of military grade controlled property from a
125	125	95federal agency unless it has obtained approval from the secretary of public safety and security. 6 of 6
126	126	96The sheriff’s department shall include documentation of the approval of the secretary of public
127	127	97safety and security in its application or acknowledgement of receipt.