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HOUSE DOCKET, NO. 2474 FILED ON: 1/16/2025
HOUSE . . . . . . . . . . . . . . . No. 3395
The Commonwealth of Massachusetts
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PRESENTED BY:
James M. Murphy and Bruce J. Ayers
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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 elevating the National Guard to a cabinet level position.
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PETITION OF:
NAME:DISTRICT/ADDRESS :DATE ADDED:James M. Murphy4th Norfolk1/16/2025 1 of 4
HOUSE DOCKET, NO. 2474 FILED ON: 1/16/2025
HOUSE . . . . . . . . . . . . . . . No. 3395
By Representatives Murphy of Weymouth and Ayers of Quincy, a petition (accompanied by bill,
House, No. 3395) of James M. Murphy for legislation to establish an executive office of the
military division. State Administration and Regulatory Oversight.
The Commonwealth of Massachusetts
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In the One Hundred and Ninety-Fourth General Court
(2025-2026)
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An Act elevating the National Guard to a cabinet level position.
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. Chapter 6A of the General Laws, as appearing in the 2022 Official Edition,
2is hereby amended in section 2 by striking out the words “and veterans’ services” the inserting in
3place thereof the following words:- “, veterans’ services, and the military division”.
4 SECTION 2. Said Chapter 6A is further amended in section 18 by striking the words:-
5“military department”.
6 SECTION 3. Said Chapter 6A is further amended in section 18 ½ by striking the words:-
7“military department”."
8 SECTION 4. Said Chapter 6A is further amended by inserting after section 109 the
9following section:-
10 Section 110. Executive Office of the Military Division. 2 of 4
11 (a) There shall be an executive office of the military division, which shall include the
12military division established under chapter 33 of the general laws.
13 (b) The executive office of military division shall be under the supervision and control of
14the adjutant general appointed pursuant to section 15 of chapter 33 of the general laws. The
15adjutant general shall have the same powers and duties of a secretary as defined by section 1 of
16this chapter.
17 SECTION 5. (a) Notwithstanding any general or special law to the contrary, this section
18shall facilitate the orderly transfer of the employees, proceedings, rules and regulations, property
19and legal obligations and functions of state government from: (i) the executive office of public
20safety and security, as transferor agency, to the executive office of the military division, as
21transferee agency; or (ii) the executive office of the military division, as transferor agency, to the
22executive office of public safety and security, as transferee agency.
23 (b) Subject to appropriation, any employees transferred to the transferee agency,
24including those who immediately before the effective date of this act held permanent
25appointment in positions classified under chapter 31 of the General Laws or have tenure in their
26positions as provided by section 9A of chapter 30 of the General Laws or did not hold such
27tenure, or held confidential positions, are hereby transferred to the transferee agency, without
28interruption of service within the meaning of section 9A of chapter 30, without impairment of
29seniority, retirement or other rights of the employee, and without reduction in compensation or
30salary grade, notwithstanding any change in title or duties resulting from such reorganization,
31and without loss of accrued rights to holidays, sick leave, vacation and benefits, and without
32change in union representation or certified collective bargaining unit as certified by the state 3 of 4
33labor relations commission or in local union representation or affiliation. Any collective
34bargaining agreement in effect immediately before the transfer date shall continue in effect and
35the terms and conditions of employment therein shall continue as if the employees had not been
36so transferred. The reorganization shall not impair the civil service status of any such reassigned
37employee who immediately before the effective date of this act either held a permanent
38appointment in a position classified under chapter 31 of the General Laws or had tenure in a
39position by reason of section 9A of chapter 30 of the General Laws.
40 (c) Notwithstanding any general or special law to the contrary, all such employees shall
41continue to retain their right to bargain collectively pursuant to chapter 150E of the General
42Laws and shall be considered employees for the purposes of chapter 150E. Nothing in this
43section shall confer upon any employee any right not held immediately before the date of the
44transfer, or to prohibit any reduction of salary grade, transfer, reassignment, suspension,
45discharge or layoff not prohibited before such date; nor shall anything in this section prohibit the
46abolition of any management position within the executive office of public safety and security or
47the executive office of the military division.
48 (d) All petitions, requests, investigations, filings and other proceedings appropriately and
49duly brought before the transferor agency, or pending before it before the effective date of this
50act, shall continue unabated and remain in force, but shall be assumed and completed by the
51transferee agency.
52 (e) All orders, advisories, findings, rules and regulations duly made and all approvals
53duly granted by the transferor agency, which are in force immediately before the effective date of 4 of 4
54this act, shall continue in force and shall thereafter be enforced, until superseded, revised,
55rescinded or canceled, in accordance with law, by the transferee agency.
56 (f) All books, papers, records, documents, equipment, buildings, facilities, cash and other
57property, both personal and real, including all such property held in trust, which immediately
58before the effective date of this act are in the custody of the transferor agency, shall be
59transferred to the transferee agency.
60 (g) All duly existing contracts, leases and obligations of the transferor agency, shall
61continue in effect but shall be assumed by the transferee agency. No such existing right or
62remedy of any character shall be lost, impaired or affected by this act.