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